The Environmental Protection Agency (EPA) is facing a mounting backlog of Class VI carbon sequestration well applications alongside regulatory uncertainty surrounding environmental justice standards, according to a report published by the Congressional Research Service (CRS).
As of September, 142 individual Class VI injection wells spanning 44 projects were pending EPA review. The figure represents more than ten times the 13 total wells currently operating under EPA-issued permits nationwide, highlighting ongoing administrative bottlenecks despite federal targets to complete technical evaluations within a two-year window.
The backlog comes amid a changing regulatory landscape under the Safe Drinking Water Act (SDWA). While the EPA retains direct jurisdiction in most jurisdictions, seven states have secured Class VI primacy to oversee local permitting: North Dakota, Wyoming, Louisiana, West Virginia, Arizona, Texas, and most recently, Colorado in October 2026.
The CRS analysis notes that the EPA’s August rescission of its 2023 environmental justice guidance, prompted by Executive Orders 14148, 14151, and 14173, has created divergence between federal oversight and state-led Class VI programs regarding public engagement and community impact criteria not explicitly codified in statutory regulations.
Resource constraints and legal hurdles have also emerged at the state level. Louisiana issued an executive order in 2025 pausing new Class VI permit approvals, citing administrative resource deficits and pending environmental litigation.
Relevant: Colorado Secures EPA Class VI Primacy To Regulate Underground Carbon Storage
In response to administrative delays, federal lawmakers are evaluating potential statutory updates to the EPA’s 2010 Class VI framework.
Pending legislation, titled the Primacy Certainty Act of 2025 (H.R. 4880 / S. 2505), would mandate that the EPA issue a final decision on state Class VI primacy applications within 180 days of submission, though both bills currently remain under committee review.
Read more: ExxonMobil Secures Texas Class VI Permits For 53M Ton Rose CCS Facility
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