New Mexico is moving decisively to take over permitting and regulatory oversight of Class VI wells used for deep underground carbon dioxide storage, under the federal Safe Drinking Water Act (SDWA). The U.S. Environmental Protection Agency (EPA) has added the state to its Class VI Primacy Tracker, signaling a new milestone has been reached.
The state’s Oil Conservation Division (OCD) recently posted proposed rules, along with a regulatory “crosswalk” comparing the draft rules to existing federal requirements, as part of its application to the EPA for Class VI primacy.
Under the proposed rules, amendments passed in House Bill 457 (2025 Regular Session) would strengthen the state’s legal authority to regulate permitting, monitoring, corrective action, and public engagement. Public comments are being accepted through September 26, 2025 (details here), and a stakeholder workshop is scheduled for October 9.
New Mexico on track to join Class VI well club
If approved, New Mexico will join a small but growing group of states that already hold primacy for Class VI wells used for carbon storage. States with full authority at this point include North Dakota, Wyoming, Louisiana, and West Virginia.
Arizona has also just been granted Class VI primacy by the EPA. Other states—including Texas, Colorado, Utah, Alabama, Mississippi, Oklahoma, and Alaska—are in various earlier stages of rulemaking or pre-application activity.
New Mexico’s efforts reflect both growing urgency and complexity in the regulation of carbon capture and storage: ensuring that state rules are at least as protective as federal regulations, managing public participation, and setting up monitoring and enforcement regimes. The coming months will be critical as the state gathers input and finalizes its petition to the EPA.
Read more: Arizona Gains Authority Over Carbon Storage Wells With EPA Approval
