April 2, 2024
Michael S. Regan
Administrator
United States Environmental Protection Agency
1200 Pennsylvania Ave NW,
Washington, D.C. 20460-0001
Dear Administrator Regan,
As Members of the bipartisan House Climate Solutions Caucus, we write to express concerns with delays in the
permitting of underground CO
2
storage and processing of state primacy applications. Additionally, we write to
call attention to the dismal number of Class VI well projects that have been deployed after successfully moving
past the permitting process. We understand that the EPA is currently processing one hundred and eighty-one
Class VI well permit applications alongside at least two state primary authority applications. Permitting delays
are actively crippling U.S. efforts to deploy vital clean energy and carbon capture infrastructure alike. While we
recognize that there are advanced engineering and environmental safety considerations that must be accounted
for in Class VI well permitting and state primacy designation, there is no time to waste in deploying carbon
sequestration infrastructure, which will play a vital role in decarbonizing the U.S. economy. We respectfully
request a comprehensive response outlining the challenges that EPA is facing in meeting its goal of reducing
processing timelines for Class VI well permits and state primacy applications to better understand how
Congress can work to address them.
It is widely recognized that carbon storage solutions will be needed alongside continued efforts to decrease the
U.S. dependency on fossil fuels
1
. As you know, permanent underground carbon injection and storage represents
a readily available option for permanent CO
2
storage while other advanced Carbon Capture, Utilization, and
Sequestration (CCUS) technologies develop and work towards commercialization. The window for impactful
climate action is rapidly closing and it is imperative that the U.S. deploy carbon sequestration infrastructure as
quickly as possible. Accordingly, permits for carbon sequestration projects such as Class VI wells need to be
processed in a timely manner so that their construction and operation can get underway. Congruently, state
legislation and capacity need to be developed more rapidly under EPA guidance in order for states to be granted
primacy and take on Class VI well permitting themselves.
In recent years, Congress has funded projects and programs aimed at spurring investment in, and the
deployment of, carbon sequestration technologies and associated infrastructure. Most recently, the IRA included
a significant bump in funding for the 45Q carbon sequestration tax credit
2
. These funds, alongside investments
made through the Bipartisan Infrastructure Law (BIL) have led to rapid private sector investment in the CCUS
space and a significant increase the number of Class VI permits in the EPA queue
3
. However, of all the Class VI
permits received by EPA in the past 13 years, only 8 have been approved, with each taking anywhere from three
to six years to reach a final permitting decision
4
. Of the approved Class VI permit applications, half have moved
forward and only two projects are in operation. The remaining two were only issued permits as recently as the
end of January 2024. These statistics speak to the difficulty that even a well-understood method of carbon
storage faces in successfully navigating the U.S. permitting landscape in its current form.
1
hps://nca2023.globalchange.gov/chapter/32#secon-98
2
https://www.wri.org/update/carbon-removal-BIL-IRA
3
EPA Class VI State Primacy: Injecng Local Experse for Permanent CO2 Sequestraon | Biparsan Policy Center
4
Carbon Capture, Ulizaon, and Storage: Class VI Wells and US State Primacy | Insights | Mayer Brown
EPA has pointed to lack of adequate funding and long lead times in federal hiring as some of the reasons why
permitting applications face three-to-six-year delays
5
. While workforce shortages are problematic given the
number of highly skilled experts required in evaluating proposed Class VI well projects and state primacy
applications, EPA has been provided with funding to address this. The Consolidated Appropriations Act, 2021
(Public Law 116-260)
6
directed no less than $3,000,000 in funding for EPA’s “...work within the Underground
Injection Control program related to Class VI wells for geologic sequestration to help develop expertise and
capacity at the Agency” and directed them to be “...used by the Agency to review and process Class VI primacy
applications from States and Tribes and to directly implement the regulation, where States have not yet obtained
primacy by working directly with permit applicants.”
At the end of 2023, the EPA cited hiring 1977 new staff
7
and expanding the number of full-time equivalents
processing Class VI permits from a few people to more than twenty-five
8
. Unfortunately, despite amplified
federal support, private sector investment, and improved staff capacity, the agency has been unable to meet its
stated two-year goal for processing Class VI permits and state primacy applications. With this in mind, we
respectfully request answers to the following questions:
1. What challenges is EPA facing in the permitting process for Class VI wells that may not be solved
by continued private sector investment, or increased staff capacity?
2. Beyond staffing needs, what are the most prominent reasons for permitting delays? What is EPA
doing to prevent or streamline them?
3. Are there workforce, hiring, data needs, or permitting reforms that should be addressed or
prioritized by future legislation?
4. What are the most frequent Requests for Additional Information (RAIs) that EPA returns to
applicants during the Class VI well permitting process?
5. What tangible progress has EPA made in reducing the timeline of Class VI well permitting and
primacy applications to two years since the release of EPA’s last report to Congress in October
2022
9
?
6. Of the 1977 new staff hired by the EPA in 2023, how many full-time equivalents were hired to help
process Class VI well permits and state primacy applications? What are the current unmet
personnel needs by position type and function?
We thank you for your response and look forward to working with you to ensure that vital carbon sequestration
infrastructure and state programs are brought online in timeframes that align with U.S. decarbonization goals.
Sincerely,
5
Carbon Capture, Ulizaon, and Storage: Class VI Wells and US State Primacy | Insights | Mayer Brown
6
https://docs.house.gov/billsthisweek/20201221/BILLS-116RCP68-JES-DIVISION-G.pdf
7
subscriber.policopro.com/eenews/f/eenews/?id=0000018c-8428-da96-afdc-dc7be3c50000
8
tesmony-pigo-senr-hearing-nov-2-2023_-cleared.pdf (epa.gov)
9
EPA Class VI Permi@ng Report to Congress
Page 2
Chrissy Houlahan
Member of Congress
Andrew R. Garbarino
Member of Congress
Marcy Kaptur
Member of Congress
Michael V. Lawler
Member of Congress
David G. Valadao
Member of Congress
Scott H. Peters
Member of Congress
Anthony D'Esposito
Member of Congress
Page 3
