Congress Weighs 180-Day Deadline for EPA Class VI Primacy Decisions as Carbon Storage Backlog Grows

An updated report from the Congressional Research Service (CRS) puts fresh numbers on one of carbon capture's biggest regulatory bottlenecks. As of September 2026, 142 Class VI injection wells across 44 projects were waiting for review at the U.S. Environmental Protection Agency (EPA).

That's more than ten times the 13 wells now operating under EPA-issued permits nationwide. The EPA created the Class VI well category in 2010 under the Safe Drinking Water Act to regulate the injection of carbon dioxide into deep rock formations for long-term storage.

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Seven States Now Hold Class VI Primacy

States with primary enforcement authority, or primacy, can issue Class VI permits themselves instead of relying on the federal queue. Seven states now hold that authority: North Dakota, Wyoming, Louisiana, West Virginia, Arizona, Texas, and Colorado.

Colorado is the newest addition. The EPA approved the state's application on October 13, 2026, and the Colorado Energy and Carbon Management Commission (ECMC) will take over Class VI permitting and enforcement starting November 12, 2026. The EPA keeps permitting authority on tribal lands within the state.

Environmental Justice Guidance Rescinded

The CRS report also points to shifting standards. In August, the EPA rescinded its 2023 memo, Environmental Justice Guidance for UIC Class VI Permitting and Primacy, saying it no longer aligned with the administration's executive orders and priorities.

Because those community engagement and impact criteria were never written into statute, CRS notes that federal and state Class VI programs may now handle them differently.

Louisiana Pauses New Applications

Primacy doesn't guarantee smooth sailing. On October 15, 2025, Louisiana Governor Jeff Landry issued Executive Order JML 25-119, pausing review of new Class VI applications submitted to the Louisiana Department of Conservation and Energy.

The order doesn't cancel existing applications. Instead, it directs the department to prioritize pending projects based on application completeness, timing, industrial demand, and geology, easing the heavy volume of filings the state received after gaining primacy.

A Proposed 180-Day Clock for Primacy Decisions

Congress is weighing a legislative fix. The Primacy Certainty Act of 2025, introduced as H.R. 4880 in the House and S. 2505 in the Senate, would require the EPA to rule on state Class VI primacy applications within 180 days.

If the agency doesn't act, an application would automatically take effect after 210 days, as long as the state already runs a comparable injection control program. The bill would also have the EPA designate a coordinator for each applicant state, use Infrastructure Investment and Jobs Act funds for permit processing, and report to Congress on staffing and resource needs.

Reps. Dan Crenshaw and August Pfluger of Texas introduced the House version in August 2025, while Sen. Dan Sullivan of Alaska sponsored the Senate bill. Both remain under committee review.

Rep. Dan Crenshaw (R-TX) said giving states this authority "will cut down on lengthy review times and redundant bureaucratic red tape," according to his official announcement.

About the Congressional Research Service

The Congressional Research Service is the nonpartisan public policy research arm of the U.S. Congress and operates within the Library of Congress. It provides objective analysis to members and committees on legislative issues, including energy, environmental regulation, and infrastructure.