New Mexico Class VI Primacy
Overview
New Mexico is actively pursuing primacy for the UIC Class VI program, which would grant the state authority to regulate carbon dioxide (CO₂) sequestration wells. This move aims to enhance the state’s role in carbon management and environmental protection.
What is UIC Class VI?
UIC Class VI wells are designed for the long-term storage of CO₂ in deep underground rock formations. These wells are a critical component of carbon capture and storage (CCS) strategies, helping to mitigate greenhouse gas emissions.
Current Regulatory Landscape
Currently, the U.S. Environmental Protection Agency (EPA) oversees the permitting and regulation of Class VI wells in New Mexico. While the state has primacy over other well classes (I, II, III, and V), it seeks to extend this authority to include Class VI wells.
Source: EPA graphic
Steps Toward Primacy
The New Mexico Oil Conservation Division (OCD), supported by New Mexico Tech (NMT) and other partners, has initiated a comprehensive process to obtain Class VI primacy:
Legislative Action: In March 2025, the state House passed House Bill 457. This Bill define pore space, ownership of pore space, and address liability issues, paving the way for state-level regulation.
Rule Development: OCD is developing regulations that align with EPA standards, covering aspects such as well construction, operation, monitoring, and public engagement.
Stakeholder Engagement: Efforts are underway to educate and involve stakeholders, ensuring transparency and community input throughout the primacy application process.
Timeline and Next Steps
The primacy application process is expected to span several years, involving rulemaking, public consultations, and EPA review.
Stakeholders and the public will have opportunities to participate and provide feedback throughout this period.
Benefits of State Primacy
Obtaining primacy would allow New Mexico to:
Enhance Oversight: Tailor regulations to address state-specific environmental, geological and societal considerations.
- Streamline Permitting: Control the approval process for carbon sequestration projects.
Promote Economic Development: Attract investment in CCS technologies and related industries.
Stay Informed
For updates on New Mexico’s UIC Class VI primacy efforts, visit the Oil Conservation Division’s website.