The US Environmental Protection Agency (EPA) manages the Class VI well permit process in states without primacy, creating a backlog of application reviews. However, approval of Class VI well permits has accelerated as more states gain permitting authority over Underground Injection Control (UIC) programs. This article discusses recent updates for states that have been granted or are pursuing Class VI primacy.
States with Class VI Well Primacy
As of June 2025, four states have been granted Class VI well primacy: North Dakota (2018), Wyoming (2020), Louisiana (2023), and West Virginia (2025). Since gaining primacy, these states have collectively reviewed and approved over 30 Class VI permits. North Dakota has approved 8 permits, all of which are operational; Wyoming has issued 9 permits with wells under construction; and Louisiana has issued 13 permits since gaining primacy in late 2023. West Virginia gained primacy in January 2025 and is reviewing its initial wave of applications.
For reference, EPA has issued 11 Class VI permits since the agency began managing the Class VI program in 2011, and 4 of those permits were issued in December 2024. More than 175 permit applications for Class VI wells are under review at the EPA and can be viewed with this tracker.
States in the Process of Gaining Class VI Well Primacy
Currently, there are seven states in the pre-application activity phase or in the process of gaining Class VI primacy. This process requires proposed rulemaking, which involves drafting rules to match or exceed federal Class VI requirements, publishing these rules, inviting public comment, and holding public hearings.
The map below shows states that are in the process of gaining well permitting authority.
States in the Proposed Rulemaking Stage
- Arizona: View proposed rule. In May, the EPA proposed granting Arizona Class VI primacy (and all other UIC classes). The public comment period ends July 3, 2025.
- Texas: View memorandum of understanding (MOU) and the Proposed Rule Published in the Federal Register
The EPA published a proposed rule on June 17, 2025, to grant Texas Class VI primacy. The 45-day public comment period is now open and ends on August 1, 2025.
States in the pre-application activity phase:
- Alabama: View Bill information for HB 327
- Alaska: View state-level information
- Colorado: Read and listen to the rulemaking procedures
- Mississippi: Read about plans to apply for Class VI primacy
- Nebraska: Currently no information
- Oklahoma: View Bill information for SB 269
- Utah: View state-level information
Conclusion
As the EPA grants states Class VI permitting authority, the approval process should become more efficient, and potentially result in the more timely review of permit applications that take advantage of the 45Q tax credit. We will continue to share updates as new developments arise.
