SUPPLEMENTARY INFORMATION:

Table of Contents

I. Public Participation

A. Written Comments

B. Participation in Public Hearing

II. Introduction

A. Federal UIC Program and Primary Enforcement Authority (Primacy)

B. Class VI Wells Under the UIC Program

C. Utah UIC Program

III. Legal Authorities

IV. Utah's Application for UIC Class VI Primacy

A. Background

B. Public Participation Activities Conducted by Utah

C. Summary of the EPA's Comprehensive Evaluation

V. The EPA's Proposed Action

A. Incorporation by Reference

B. The EPA's Oversight

VI. Statutory and Executive Orders Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

C. Paperwork Reduction Act (PRA)

D. Regulatory Flexibility Act (RFA)

E. Unfunded Mandates Reform Act (UMRA)

F. Executive Order 13132: Federalism

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

J. National Technology Transfer and Advancement Act (NTTAA)

VII. References

I. Public Participation

A. Written Comments

Submit your comments, identified by Docket ID No. EPA-HQ-OW-2025-2829, at www.regulations.gov (our preferred method), or the other methods identified in the ADDRESSES section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit to the EPA's docket at www.regulations.gov any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. If you wish to submit CBI, contact Fraser Evans using the contact information available in the FOR FURTHER INFORMATION CONTACT section. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. The EPA will generally not consider comments or comment contents located outside of the primary submission ( i.e., on the web, cloud, or other file sharing system). Please visit www.epa.gov/​dockets/​commenting-epa-dockets for additional submission methods; the full EPA public comment policy; information about CBI, PBI, or multimedia submissions; and general guidance on making effective comments.

B. Participation in Public Hearing

The EPA will hold one virtual public hearing during the public comment period. To register to speak at the virtual hearing, please use the online registration form available at www.epa.gov/​uic/​proposed-rulemaking-utah-underground-injection-control-class-vi-primacy. One week prior to the public hearing, the EPA will post a general agenda for the hearing that will list pre-registered speakers in approximate order at: www.epa.gov/​uic/​proposed-rulemaking-utah-underground-injection-control-class-vi-primacy. Please refer to www.epa.gov/​uic/​proposed-rulemaking-utah-underground-injection-control-class-vi-primacy for additional updates, including the date and time, related to this public hearing.

The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearing to ( printed page 66663) run either ahead of schedule or behind schedule. Each commenter will have three minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically by emailing it to UICprimacy@epa.gov. The EPA also recommends submitting the text of your oral comments as written comments to the rulemaking docket, identified in the ADDRESSES section of this proposed rule. The EPA will make every effort to accommodate all speakers who register, although preferences on speaking times may not be able to be fulfilled.

The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing.

Updates on the virtual hearing logistics will be posted online at www.epa.gov/​uic/​proposed-rulemaking-utah-underground-injection-control-class-vi-primacy. Please contact Fraser Evans using the contact information available in the FOR FURTHER INFORMATION CONTACT section or email UICprimacy@epa.gov with any questions about the virtual hearing. The EPA does not intend to publish a document in the Federal Register announcing updates related to the public hearing. If you require the services of an interpreter or special accommodation such as audio description, please pre-register for the hearing at www.epa.gov/​uic/​proposed-rulemaking-utah-underground-injection-control-class-vi-primacy and describe your needs at least one week prior to the public hearing date. The EPA may not be able to arrange accommodation without advance notice.

II. Introduction

A. Federal UIC Program and Primary Enforcement Authority (Primacy)

The Safe Drinking Water Act protects public health by regulating the nation's public drinking water supply, including both surface and groundwater sources. The SDWA requires the EPA to develop minimum requirements for effective State UIC programs to prevent underground injection of fluids (such as water, wastewater, brines from oil and gas production, and carbon dioxide) from endangering underground sources of drinking water (USDWs). In general, USDWs are aquifers or parts of aquifers that supply a public water system or contain enough groundwater to supply a public water system. See 40 CFR 144.3 (defining USDW).

The EPA's UIC program regulates various aspects of an injection well project throughout the lifetime of the project. These regulated aspects include technical elements such as site characterization, construction, operation, testing and monitoring through site closure, as well as permitting, site inspections, and reporting to ensure well owners and operators comply with UIC permits and regulations.

SDWA section 1421 directs the EPA to establish requirements that States, territories, and federally recognized Tribes (hereafter referred to as applicants) must meet to be granted primary enforcement authority or “primacy” for a UIC program, including a Class VI program for the injection of carbon dioxide. 42 U.S.C. 300h. An applicant seeking primacy under SDWA section 1422 for a Class VI program must demonstrate to the EPA that the applicant's proposed Class VI program meets the Federal requirements promulgated by the EPA pursuant to SDWA section 1421for protecting USDWs. 42 U.S.C. 300h-300h-1. An applicant must demonstrate, among other things, that it has jurisdiction over underground injection and that it possesses the administrative, civil, and criminal enforcement authorities required by the EPA's implementing regulations. See 40 CFR part 145, subpart B. After the EPA approves an applicant's UIC primacy program, that UIC program may later be revised with EPA approval. See 40 CFR 145.32.

The EPA comprehensively evaluates each primacy application in accordance with SDWA section 1422 and the EPA's implementing regulations to determine whether the applicant (in this instance, the State of Utah) has satisfactorily demonstrated that it has adopted and will implement a UIC program that meets applicable regulatory requirements in 40 CFR parts 144, 145, and 146.

B. Class VI Wells Under the UIC Program

Class VI wells are used to inject carbon dioxide into deep rock formations for long-term underground storage, also known as geologic sequestration. The geologic sequestration of carbon dioxide in UIC Class VI wells is used as part of carbon capture and storage for carbon dioxide emissions from industrial sources. Class VI injection wells are regulated under a SDWA permitting framework that provides multiple safeguards that work together to protect USDWs.

Owners or operators that wish to inject carbon dioxide underground for the purpose of geologic sequestration must demonstrate to the permitting authority that their proposed injection well and injection activities will meet all regulatory requirements and obtain a Class VI permit for each well. The UIC Class VI program requires applicants to meet technical, financial, and managerial requirements to obtain a Class VI permit, including:

• Site characterization to ensure the geology in the project area will contain the carbon dioxide within the zone where it is authorized to be injected.
• Modeling to delineate the predicted area influenced by injection activities through the lifetime of the project.
• Evaluation of the delineated area to ensure all potential pathways for fluid movement have been identified and addressed through corrective action.
• Well construction requirements that ensure the Class VI injection well will not leak carbon dioxide.
• Testing and monitoring throughout the life of the project, including after carbon dioxide injection has ended. Requirements include, for example, testing to ensure physical integrity of the well, monitoring for seismic activity near the injection site, monitoring of injection pressure and flow, chemical analysis of the carbon dioxide stream that is being injected, and monitoring the extent of the injected carbon dioxide plume and the surrounding area (e.g., ground water) to ensure the carbon dioxide is contained as predicted.
• Operating requirements (for example, injection pressure limitations) to ensure the injection activity will not endanger USDWs.
• Financial assurance mechanisms sufficient to cover the costs for all phases of the geologic sequestration project including the post-injection site care period and until site closure has been approved by the permitting authority.
• Emergency and remedial response plans to protect USDWs.
• Reporting of all testing and monitoring results to the permitting authority to ensure the well is operating in compliance with all permit requirements.

The permitting authority ensures that these protective requirements are included in each Class VI permit. A draft of each Class VI permit is made available for public comment before the permitting authority decides whether to issue a final permit. ( printed page 66664)

C. Utah UIC Program

The State of Utah received primacy for Class II injection wells under SDWA section 1425 on October 8, 1982 (47 FR 44561) and for Class I, III, IV, and V injection wells under SDWA section 1422 on January 9, 1983 (48 FR 2321). On December 23, 2025, Utah applied to the EPA under SDWA section 1422 for primacy for Class VI injection wells located within the State, except those located on Indian lands for which the EPA retains primacy.

III. Legal Authorities

SDWA section 1421 requires the EPA to promulgate Federal requirements for effective State UIC programs to prevent underground injection activities that endanger USDWs. 42 U.S.C. 300h(b)(1). SDWA section 1422 requires that States seeking primacy demonstrate to the EPA that they have adopted (after notice and public hearing) and will implement a UIC program that meets the requirements that the EPA promulgated under section SDWA 1421. 42 U.S.C. 300h-1(b)(1)(A)(i). The statutory authority for this proposed rule approving Utah's UIC Class VI primacy program is SDWA sections 1422 and 1450, 42 U.S.C. 300h-1 and 300j-9.

As directed by the SDWA, the EPA has promulgated regulations setting forth the applicable procedures and substantive requirements for applicants seeking primacy for UIC programs under SDWA section 1422. The regulations in 40 CFR part 144 outline general program requirements that States must meet to obtain primacy. The regulations in 40 CFR part 145 specify the procedures the EPA will follow in approving, revising, and withdrawing UIC programs and outlines the elements and provisions that a State must include in its application for primacy. The regulation at 40 CFR part 145 also includes requirements for State UIC permitting procedures (by reference to certain provisions of 40 CFR parts 124 and 144), compliance evaluation programs, and enforcement authority, as well as requirements for sharing information between the EPA and the State. The regulations in 40 CFR part 146 contain the technical criteria and standards applicable to each well class, including Class VI wells.

IV. Utah's Application for UIC Class VI Primacy

A. Background

On December 23, 2025, Utah submitted a complete primacy application for Class VI injection wells located in the State, except those on Indian lands, which would revise the State's existing SDWA section 1422 program that currently covers Class I, III, IV, and V injection wells. Utah's UIC program revision application includes a description of the State's proposed UIC Class VI program, copies of all State legal authorities and forms, a statement of legal authority from Utah's Attorney General, a summary of Utah's public participation activities, and an addendum to the existing Memorandum of Agreement (MOA) between Utah and the EPA's Region 8 office. The EPA reviewed the application for completeness and performed a technical and legal evaluation of the application materials to assess and confirm that Utah's proposed UIC Class VI program meets Federal requirements.

B. Public Participation Activities Conducted by Utah

The Utah State Legislature passed House Bill 244 authorizing the DOGM and the Board of Oil, Gas, and Mining (BOGM) ^[1] to establish regulations for the geologic storage of carbon dioxide. The legislature held three public hearings, both in-person and virtually, with opportunity for public comment in February 2022. Utah Governor Cox signed House Bill 244 into law as Utah Code (UC) Title 40, Chapter 11—Geologic Carbon Storage, on March 21, 2022; the State law took effect on May 4, 2022. The Utah State Legislature subsequently amended UC 40-11 via House Bill 452 and House Bill 352, with additional hearings that provided opportunities for comment. The amendments became effective on May 1, 2024, and May 5, 2025, respectively.

Under the authority established by UC 40-11, the DOGM/BOGM drafted the Class VI UIC regulations found in Utah Administrative Code (UAC) Title R644—Natural Resources, Oil, Gas and Mining: Carbon Sequestration. In 2024, to support the development of these regulations, the DOGM/BOGM pursued informal public engagement on the draft Class VI program parameters and procedures. In total, the DOGM held six stakeholder engagement meetings between July and October: two virtual and four in-person. The two initial stakeholder Class VI rule discussions were held virtually on July 16 and August 14, 2024. The four in-person rule “open houses” were held in different locations throughout Utah to inform the public about carbon sequestration and the draft Class VI rules, enabling widespread direct outreach and attendance. The DOGM responded to thirty-six comments received during this informal process on the draft Class VI regulations.

The BOGM held a public hearing on May 28, 2025, at which the DOGM received approval from the Board to formally adopt UAC R644. The DOGM proposed the Title R644 regulations and received public comments on the proposed Title R644 regulations for 30 days beginning on June 15, 2025. Official public notice was provided through the Utah State Bulletin, June 15, 2025, Vol. 2025, No. 12. The DOGM received zero public comments on the proposed Class VI regulations. Shortly thereafter, the BOGM held another public hearing on July 30, 2025, where it confirmed UAC R644, which became effective the following day.

After finalizing the State's UIC Class VI regulations, the DOGM provided an additional public engagement opportunity by taking comment and holding a hearing on its proposed application to the EPA to revise its UIC program to obtain UIC Class VI primacy. The DOGM announced a 30-day public comment period and public hearing on its website and in the Salt Lake Tribune on November 2, 2025, and then on ETV News on November 5, 2025. The hybrid in-person/virtual public hearing on the State's application was held on December 8, 2025. During the hearing, one attendee provided comments in support of the proposal. The DOGM received one written comment in support of the Utah Class VI program/application during the 30-day period.

Documentation of Utah's public participation activities, including the public comments and DOGM's responses, can be found in the EPA's Docket ID No. EPA-HQ-OW-2026-0496.

C. Summary of the EPA's Comprehensive Evaluation

The EPA evaluates State UIC primacy program revisions in accordance with SDWA section 1422 to determine whether a State has satisfactorily demonstrated that it has adopted and will implement, after reasonable notice and public hearings, a UIC program that meets the requirements of 40 CFR parts 144, 145, and 146. 42 U.S.C. 300h-1(b)(1)(A)(i). The EPA conducted a comprehensive technical and legal evaluation of Utah's program revision application to determine whether the State's proposed UIC Class VI program—including State statutes and regulations, program description, State ( printed page 66665) Attorney General statement, and MOA addendum—meets the requirements of SDWA section 1422 and EPA regulations. Upon review, the EPA determined that Utah's program revision application demonstrates that the State has adopted and will implement a UIC Class VI program that meets the requirements of 40 CFR parts 144, 145, and 146.

The EPA evaluated Utah's UIC Class VI program description for consistency with 40 CFR 145.23, which specifies the information that must be included as part of the program description. The EPA's evaluation of the UIC Class VI program description included reviewing the scope, coverage, processes, and organizational structure of the proposed Class VI program. The EPA evaluated Utah's permitting, administrative, and judicial review procedures relevant to Class VI permits, as well as the State's permit application, reporting, and manifest forms for Class VI permits. The EPA also reviewed the State's UIC compliance evaluation program and enforcement authorities and the State's demonstration that its UIC Class VI program will have adequate in-house staff or access to contractor support for technical areas including site characterization, modeling, well construction and testing, financial responsibility, and regulatory and risk analysis.

The EPA evaluated Utah's Class VI-related Attorney General's statement for consistency with 40 CFR 145.24. In an Attorney General's statement, the State's top legal officer affirms that applicable State law ( e.g., statutes, regulations, and judicial decisions) provides adequate authority to administer the UIC Class VI program as described in the program description and consistent with the EPA's regulatory requirements for UIC programs.

The EPA determined that the Class VI MOA addendum meets the Federal requirements at 40 CFR 145.25 for primacy MOAs. The MOA is the central agreement that establishes the provisions and arrangements between the State and the EPA concerning the administration, implementation, and enforcement of the State UIC Class VI program. The EPA's evaluation of the Class VI MOA addendum included ensuring that the MOA addendum contained the appropriate provisions pertaining to coordination, permitting, compliance monitoring, enforcement, and EPA oversight. For example, the Class VI MOA addendum specifies that the DOGM and the EPA agree to maintain a high level of cooperation and coordination to ensure successful and effective administration of the UIC Class VI program.

Utah has demonstrated that it meets all UIC permit requirements found in 40 CFR 145.11 for Class VI permits. Utah's UIC Class VI permitting provisions and technical criteria and standards meet the Federal requirements in 40 CFR parts 124 and 144 through 146. The State has incorporated necessary procedures, pursuant to 40 CFR 145.12, to support a robust UIC Class VI compliance evaluation program. Additionally, Utah has the necessary civil, administrative, and criminal enforcement authorities pursuant to 40 CFR 145.13. Utah's UIC Class VI regulations regarding permitting, inspection, operation, monitoring, reporting, and recordkeeping meet Federal requirements found in 40 CFR parts 145 and 146.

As a result of this comprehensive review, the EPA is proposing to approve Utah's UIC primacy program revision application. The EPA has determined that the program revision meets all applicable requirements for Class VI primacy approval under SDWA section 1422 and that the State has demonstrated it is prepared to implement a UIC program in a manner consistent with the SDWA and all applicable UIC regulations.

V. The EPA's Proposed Action

A. Incorporation by Reference

The EPA is proposing to approve the State of Utah's UIC program revision application for Class VI injection well primacy in the State, except for those located on Indian lands for which the EPA retains primacy. If finalized, this action would amend 40 CFR 147.2250 and incorporate by reference, EPA-approved statutes and implementing regulations that contain standards, requirements, and procedures applicable to UIC Class VI well owners or operators within the State. Any provisions incorporated by reference, as well as all permit conditions issued pursuant to such provisions, are enforceable by the EPA pursuant to SDWA section 1423 and 40 CFR 147.1(e).

The EPA compiled the applicable Utah statutes and regulations proposed to be incorporated by reference into 40 CFR 147.301 in a document titled “Utah SDWA § 1422 Underground Injection Control Program Class VI Statutes and Regulations,” dated January 21, 2026. This compilation is publicly available at www.regulations.gov in the EPA's Docket No. EPA-HQ-OW-2026-0496 for this proposed rulemaking. The EPA also proposes to codify a table in 40 CFR 147.2250 listing the EPA-approved Utah Statutes and Regulations for Class VI wells that the EPA would incorporate by reference.

B. The EPA's Oversight

Upon approval, the EPA will oversee Utah's administration of its Class VI UIC program. The EPA will require quarterly reports on instances of permittee non-compliance and annual UIC performance reports pursuant to 40 CFR 144.8. The MOA between the EPA Region 8 and the DOGM specifies that the EPA will oversee the State's administration of the UIC Class VI program on a continuing basis to ensure that such administration is consistent with the program MOA, the SDWA and implementing regulations, UIC grant agreements, and other applicable requirements.

VI. Statutory and Executive Orders Reviews

Additional information about these statutes and Executive orders can be found at: www.epa.gov/​laws-regulations/​laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is exempt from review by the Office of Management and Budget (OMB) because the Office of Management and Budget has exempted, as a category, the approval of State UIC programs. This exemption also applies to EPA approvals of revisions to existing State UIC programs.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

Executive Order 14192 does not apply because actions that approve State UIC programs are exempted from review under Executive Order 12866.

C. Paperwork Reduction Act (PRA)

This action will not impose an information collection burden under the PRA. OMB has previously approved the information collection activities contained in the existing regulations and has assigned OMB control number 2040-0042.

D. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic impact on a substantial number of small entities under the RFA. This action will not impose any requirements on small entities. This action transfers regulatory authority from the EPA to a State program with substantially the same requirements. ( printed page 66666)

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate as described in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect small governments. The action imposes no enforceable duty on any State, local, or Tribal governments or the private sector. The EPA's proposed approval of Utah's Class VI program will not constitute a Federal mandate because there is no requirement that a state establish UIC regulatory programs and because the program is a State, rather than a Federal program.

F. Executive Order 13132: Federalism

This action does not have Federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government.

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action does not have Tribal implications as specified in Executive Order 13175. This action contains no Federal mandates for Tribal governments and does not impose any enforceable duties on Tribal governments. Thus, Executive Order 13175 does not apply to this proposed action.

H. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks

The EPA interprets Executive Order 13045 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of “covered regulatory action” in section 2-202 of the Executive Order. This action is not subject to Executive Order 13045 because it would approve a State program.

I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order 12866.

J. National Technology Transfer and Advancement Act (NTTAA)

This rulemaking does not involve technical standards.

VII. References

Attorney General's Statement “Attorney General's Statement to Accompany Utah's Underground Injection Control Program Class VI Primacy Application,” signed by the Attorney General of Utah on October 3, 2025.

Class VI Underground Injection Control Program Description “Utah Class VI Underground Injection Control 1422 Program Description,” Utah Department of Natural Resources, Division of Oil, Gas, and Mining, December 23, 2025.

Letter from the Governor of Utah to the Regional Administrator, EPA Region 8, signed on February 2, 2026.

The Memorandum of Agreement Between Utah and The United States Environmental Protection Agency Region 8 for the UIC Class VI Program signed by the EPA Regional Administrator on January 1, 2025.

State of Utah Department of Natural Resources, Division of Oil, Gas, and Mining Class VI Primacy Application, “Relevant State Statutes and Regulations,” December 23, 2025.

State of Utah Department of Natural Resources, Division of Oil, Gas, and Mining s UIC Class VI Primacy Application, “Public Participation Documentation,” December 23, 2025.

U.S. Environmental Protection Agency. Proposed “Utah SDWA § 1422 Underground Injection Control Program Statutes and Regulations for Well Class VI to be Incorporated by Reference.” January 21, 2026. Office of Water.

For the reasons set forth in the preamble, the EPA proposes to amend 40 CFR part 147 as follows:

1. The authority citation for part 147 continues to read as follows:

Authority: 42 U.S.C. 300f et seq.; and 42 U.S.C. 6901 et seq.

2. Amend § 147.2250 by:

a. Revising the section heading, the introductory text, and paragraph (a) introductory text;

b. Adding paragraph (a)(4), a heading to paragraph (c), and paragraph (d)(4); and

c. Revising paragraph (e).

The revisions and additions read as follows:

91 FR 66662