Rule2026-20846
Colorado Underground Injection Control (UIC) Program; Class VI Primacy
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
October 13, 2026
Effective
November 12, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA or the Agency) is approving an application from the State of Colorado that requests primary enforcement responsibility (primacy) for Class VI injection wells under Safe Drinking Water Act (SDWA) section 1422. The EPA's approval of the State's UIC program primacy application will allow the Colorado Energy and Carbon Management Commission (ECMC) to issue and enforce UIC Class VI permits for geologic carbon sequestration. The EPA will remain the permitting authority for Class VI injection wells on Indian lands within the State. With this action, the EPA also intends to codify previously approved, non-substantial changes to Colorado's UIC program for Class II injection wells.
Full Text
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<title>Federal Register, Volume 91 Issue 196 (Tuesday, October 13, 2026)</title>
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[Federal Register Volume 91, Number 196 (Tuesday, October 13, 2026)]
[Rules and Regulations]
[Pages 64780-64787]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20846]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2025-2829; FRL 12995-02-OW]
Colorado Underground Injection Control (UIC) Program; Class VI
Primacy
AGENCY: U.S. Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or the Agency)
is approving an application from the State of Colorado that requests
primary enforcement responsibility (primacy) for Class VI injection
wells under Safe Drinking Water Act (SDWA) section 1422. The EPA's
approval of the State's UIC program primacy application will allow the
Colorado Energy and Carbon Management Commission (ECMC) to issue and
enforce UIC Class VI permits for geologic carbon sequestration. The EPA
will remain the permitting authority for Class VI injection wells on
Indian lands within the State. With this action, the EPA also intends
to codify previously approved, non-substantial changes to Colorado's
UIC program for Class II injection wells.
[[Page 64781]]
DATES: This final rule is effective on November 12, 2026. The
incorporation by reference of certain material listed in this rule is
approved by the Director of the Federal Register as of October 13,
2026. For judicial purposes, this final rule is promulgated as of
October 13, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-HQ-OW-2025-2829. All documents in the docket are
listed on the <a href="http://www.regulations.gov">http://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
confidential business information (CBI) or other information whose
disclosure is restricted by statute. Certain other material, such as
copyrighted material, is not placed on the internet and will be
publicly available only in hard copy form. Publicly available docket
materials are available electronically through <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Mary Hastings Puckett, Drinking Water
Infrastructure Development Division, Office of Ground Water and
Drinking Water (4606M), Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460; telephone number: (202)
564-1525; or VelRey Lozano, UIC/Groundwater Section, Water Division,
Region 8, U.S. Environmental Protection Agency, 1595 Wynkoop Street,
Denver, Colorado 80202-8917; telephone number: (303) 312-6128. Both can
be reached by emailing <a href="/cdn-cgi/l/email-protection#02574b4172706b6f63617b426772632c656d74"><span class="__cf_email__" data-cfemail="12475b5162607b7f73716b527762733c757d64">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Introduction
A. Federal UIC Program and Primary Enforcement Authority
(Primacy)
B. Class VI Wells Under the UIC Program
II. Legal Authorities
III. Colorado's Application for UIC Class VI Primacy
A. Background
B. Public Participation Activities Conducted by Colorado
C. Summary of the EPA's Comprehensive Evaluation
D. Public Participation Activities Conducted by the EPA
IV. Public Comments and the EPA's Response
A. Public Comments
B. The EPA's Response to Comments
V. The EPA's 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 14094: Modernizing 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)
K. Congressional Review Act
VII. References
I. Introduction
A. Federal UIC Program and Primary Enforcement Authority (Primacy)
The SDWA protects public health by regulating the nation's public
drinking water supply, including both surface and groundwater sources.
Among other things, the SDWA requires the EPA to develop minimum
requirements for effective State and Tribal 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 of sufficient quality to supply a public
water system. See 40 Code of Federal Regulations (CFR) 144.3 (defining
USDW).
The EPA's UIC program regulates various aspects of injection
throughout the lifetime of the project. These regulated aspects include
technical elements such as site characterization, construction,
operation, and testing and monitoring through site closure, as well as
permitting, site inspections, and reporting to ensure that well owners
and operators comply with UIC permits and regulations.
SDWA section 1421 directs the EPA to establish requirements that
States, territories, and authorized Tribes must meet to be granted
primary enforcement responsibility or ``primacy'' for a UIC program. 42
U.S.C. 300h. SDWA section 1422 provides that an applicant seeking
primacy for a UIC program must demonstrate to the EPA that the
applicant's proposed UIC program meets the applicable requirements
promulgated by the EPA pursuant to section 1421 for 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 for a UIC
primacy program, that UIC program may later be revised with EPA
approval. See 40 CFR 145.32.
The EPA 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 Colorado) has
satisfactorily demonstrated that, after reasonable notice and public
hearings, it has adopted and will implement a UIC program that meets
the requirements of the SDWA regulations at 40 CFR parts 144, 145, and
146.
In this final rule, the EPA approves Colorado's primacy program
application to administer the UIC Class VI program for Class VI wells
located in the State. The EPA determined that the application meets all
applicable requirements for approval under SDWA section 1422 and the
EPA's implementing regulations and that the State is capable of
administering a UIC program consistent with the SDWA and applicable UIC
regulations. The EPA will remain the permitting authority for all Class
VI wells located on Indian land within Colorado and will oversee
Colorado's administration of the State's UIC Class VI program as
authorized under the SDWA.
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 geologic sequestration must demonstrate to the permitting authority
that their proposed injection well and injection activities will meet
all regulatory requirements and receive 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:
<bullet> Site characterization to ensure the geology in the project
area will contain
[[Page 64782]]
the carbon dioxide within the zone where it is authorized to be
injected.
<bullet> Modeling to delineate the predicted area influenced by
injection activities through the lifetime of the project.
<bullet> Evaluation of the delineated area to ensure all potential
pathways for fluid movement have been identified and addressed through
corrective action.
<bullet> Well construction requirements that ensure the Class VI
injection well will not leak carbon dioxide.
<bullet> 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.
<bullet> Operating requirements (for example, injection pressure
limitations) to ensure the injection activity will not endanger USDWs.
<bullet> 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.
<bullet> Emergency and remedial response plans.
<bullet> 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.
II. Legal Authorities
SDWA section 1421 requires the EPA to promulgate minimum
requirements for effective State UIC programs to prevent underground
injection activities that endanger USDWs. 42 U.S.C. 30h0(b)(1). SDWA
section 1422 requires that States seeking primacy demonstrate that they
have adopted (after notice and public hearings) and will implement a
UIC program which meets the requirements that the EPA promulgated under
SDWA section 1421. 42 U.S.C. 300h-1(b)(1)(A)(i). The statutory
authority for this final rule approving Colorado'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 an applicant must include in its
application for primacy. Also, 40 CFR part 145 includes requirements
for State UIC permitting programs (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.
III. Colorado's Application for UIC Class VI Primacy
A. Background
On October 7, 2025, Colorado submitted a Class VI primacy program
application to the EPA under SDWA section 1422. Colorado's UIC Class VI
primacy program application includes a description of the State's
proposed UIC Class VI program, copies of all applicable State legal
authorities and forms, a statement of legal authority from Colorado's
Attorney General, a summary of Colorado's public participation
activities, a letter from the Governor of Colorado requesting primacy
program approval and a Memorandum of Agreement (MOA) between Colorado
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 Colorado's proposed
UIC Class VI program meets Federal requirements.
B. Public Participation Activities Conducted by Colorado
Prior to submitting a Class VI primacy application for the EPA's
approval, Colorado needed to expand ECMC's regulatory authority to
include direct air capture facilities and geologic storage operations
and on July 1, 2021, State law SB23-016 became effective expanding
ECMC's regulatory authority. Once the State expanded ECMC's authority,
ECMC conducted a comprehensive UIC Class VI rulemaking process that
included extensive stakeholder outreach and engagement. The goal of the
outreach efforts was to inform stakeholders about ECMC's rule
development process and to explain and present drafts of the State
Class VI rules. Transparency and engagement were central in the
outreach process. ECMC hosted a series of hybrid, virtual, and in-
person outreach engagements across the State, for the general public,
the regulated community, and the Tribes located in Colorado. ECMC also
conducted a presentation on Class VI primacy at a public hearing, led a
carbon management tour for communities near a potential development,
and held seven general stakeholder meetings and several targeted
stakeholder meetings.
In particular, ECMC held a series of virtual stakeholder
engagements and rulemaking hearings from June to December 2024, to
develop regulations for Class VI injection wells. The engagements
provided opportunities for public input and informed the development of
Colorado's Class VI rules. Following ten Class VI rulemaking and
primacy hearings, ECMC finalized the rules for a UIC Class VI program
on December 16, 2024.
In February 2025, ECMC published notices for public hearings in
seven Colorado newspapers, on its website, and via email distribution
to stakeholders. The public notice provided the hearing schedule and
identified specific issues for public input, including the State's
intent to request UIC Class VI primacy from the EPA. During the 30-day
comment period, ECMC received one oral comment that expressed general
concerns regarding carbon capture and storage. ECMC summarized and
addressed the input in the responsiveness summary; the comment did not
necessitate any changes to the State's proposed primacy application.
Documentation of Colorado's public participation activities,
including the comments received and ECMC's responses, can be found in
the EPA's Docket ID No. EPA-HQ-OW-2025-2829.
C. Summary of the EPA's Comprehensive Evaluation
The EPA evaluates primacy applications in accordance with SDWA
section 1422 and the Agency's implementing regulations to determine
whether an applicant has satisfactorily demonstrated that it has
adopted, after reasonable notice and public hearings, and will
implement, a UIC program that meets applicable regulatory
[[Page 64783]]
requirements. 42 U.S.C. 300h-1(b)(1)(A)(i). The EPA conducted a
comprehensive technical and legal evaluation of Colorado's primacy
application to determine whether the State's UIC Class VI program--
including State statutes and regulations, program description, State
Attorney General statement, MOA, and documentation of public
participation--demonstrates that Colorado has met the requirements of
SDWA section 1422. Upon review, the EPA determined that Colorado 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 Colorado's UIC program description for
consistency with 40 CFR 145.23, which lists all the information that
must be submitted as part of the program description. The EPA's
evaluation of the UIC program description included reviewing the scope,
structure, coverage, and processes of the State's program. The EPA
assessed Colorado's permitting, administrative, and judicial review
procedures, as well as the State's permit application, reporting, and
manifest forms. The EPA also reviewed the State's 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 Colorado's 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 statutes,
regulations, and judicial decisions demonstrate adequate authority to
administer the UIC program as described in the program description and
consistent with the EPA's regulatory requirements for UIC programs. The
EPA confirms that the Colorado Attorney General's statement certifies
that Colorado's environmental audit privilege, which protects certain
self-reported information, will not affect the ability of the State to
meet the enforcement and information gathering requirements under the
SDWA, nor will it prevent the public from obtaining information about
noncompliance or prevent the public from bringing citizen suits under
the SDWA.
The EPA determined that the Class VI MOA meets the Federal
requirements at 40 CFR 145.25 for primacy MOAs. The MOA is the central
agreement setting the provisions and arrangements between the State and
the EPA concerning the administration, implementation, and enforcement
of the State UIC program. The EPA's evaluation includes ensuring that
the MOA contains the necessary provisions pertaining to coordination,
permitting, compliance monitoring, enforcement, and EPA oversight.
Colorado has demonstrated that it has the legal authority to
implement all UIC Class VI permit requirements found in 40 CFR 145.11.
Colorado'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, Colorado has the necessary administrative,
civil, and criminal enforcement authorities pursuant to 40 CFR 145.13.
Colorado's UIC Class VI regulations regarding permitting, inspection,
operation, and monitoring meet requirements in 40 CFR parts 145 and
146. Colorado's reporting and recordkeeping requirements meet the
requirements in 40 CFR 144.54 and 40 CFR part 146.
As a result of this comprehensive review, the EPA approves
Colorado's UIC Class VI primacy program application. The EPA has
determined that the application meets all applicable requirements for
Class VI primacy under SDWA section 1422 and that the State has
demonstrated it is prepared to implement a UIC Class VI program in a
manner consistent with the SDWA and all applicable UIC regulations.
D. Public Participation Activities Conducted by the EPA
On March 18, 2026, the EPA Region 8 Water Division Director sent a
letter via email to leaders of four Tribes (Navajo Nation, Southern Ute
Indian Tribe, Ute Indian Tribe, and Ute Mountain Ute Tribe) in Colorado
offering an opportunity for Government-to-Government consultation on
Colorado's primacy application for the UIC Class VI program. The EPA
received no requests for Tribal consultation during the period
beginning March 18 and ending with the close of public comment on May
4, 2026.
On March 19, 2026, the EPA published a proposed rulemaking in the
Federal Register (91 FR 13266) proposing to approve Colorado's
application to implement a UIC Class VI program within the State. The
proposal initiated a 45-day public comment period that closed on May 4,
2026. The EPA held a public hearing on April 23, 2026, that
participants could attend virtually or by phone. In addition to the
Federal Register publication, the EPA published notice of the hearing
on the EPA's website and in the Denver Post, the Durango Herald, the
Grand Junction Daily Sentinel, the Greeley Tribune, the Loveland
Reporter Herald, and the Trinidad Chronicle News.
IV. Public Comments and the EPA's Response
A. Public Comments
During the public comment period, the EPA received eleven written
comments from several individuals, as well as from interest groups,
including the Southern Ute Indian Tribe, the Ground Water Protection
Council, the Colorado Energy Council, the Consumer Energy Alliance, and
Reliant Carbon Capture and Storage, LLC.
The EPA considered these comments in the development of this final
rule. All comments are available as part of the public record and can
be accessed through the EPA's docket (ID No. EPA-HQ-OW-2025-2829).
Documentation of the EPA's public participation activities, including
comments received and the EPA's comment response document, can also be
found in the docket (ID. No. EPA-HQ-OW-2025-2829).
B. The EPA's Response to Comments
The EPA received comments supporting and opposing the proposed
approval of Colorado's UIC Class VI primacy program, with a majority
supporting. EPA also received a comment from the Southern Ute Indian
Tribe recommending modified regulatory language, as well as some
comments outside the scope of this primacy approval action.
Commenters supporting Colorado UIC Class VI program primacy
approval state that Colorado's UIC Class VI rules meet or exceed the
EPA's UIC requirements. They also agree that ECMC is well positioned to
successfully implement Colorado's Class VI UIC program as it has in-
house resources and permitting experience from administering Colorado's
UIC Class II program. Commentors supporting Colorado's Class VI primacy
application note that Colorado primacy approval will distribute
workload between the EPA and ECMC and, that State UIC primacy,
generally, will help address a national backlog of Class VI permit
application. Another commenter urges that approving Colorado's Class VI
program aligns with the EPA's ``Powering the Great American Comeback''
by promoting permitting efficiency, cooperative federalism, and the
[[Page 64784]]
protection of health and the environment.
One commenter opposing Colorado UIC Class VI program primacy
approval expressed concerns with the Tribal consultation process,
alleging a lack of thoroughness by both the EPA and ECMC and requesting
more Tribal input on the primacy decision. The commenter also asserted
that the SDWA requires that the EPA consider Colorado's ``historical
conditions'' when assessing the State's primacy request, such as the
State's historical conditions of Tribal consultation related to water
rights. Additionally, another commenter raised concerns about carbon
dioxide plume migration and the risk to groundwater.
The Southern Ute Indian Tribe (SUIT) submitted a comment supporting
EPA's proposed approval of Colorado's primacy program but requested a
modification to regulatory language regarding the definition of
``Indian lands.'' SUIT noted that the EPA's proposed amendment to 40
CFR 147.301 applies Colorado's UIC Program for Class VI wells to all
``Class VI wells in the State of Colorado, except those located on
Indian lands,'' but ``Indian lands'' used by EPA in the text of its
proposed rule is not defined within the rule or within the Federal
Register document. SUIT noted that the EPA's use of the term ``Indian
lands'' as referenced in the consultation letter dated March 18, 2026,
differs from ECMC's definition of ``Indian Lands'' found at ECMC's
regulations. SUIT further noted that those subtle differences are of no
material consequence so long as EPA, ECMC, and the public understand
that ECMC's rules, ``will not apply to . . . Class VI UIC Wells located
on surface lands within the exterior boundaries of the Southern Ute
Indian Reservation or the Ute Mountain Ute Indian Reservation.''
Comments received outside the scope of this primacy approval action
recommended the EPA focus on phasing out fossil fuels, consuming less
and recycling more, and transitioning to cleaner energy alternatives.
The EPA has noted and addressed all topics, including out of scope
topics, in the Agency's response to comments document included in the
docket (ID. No. EPA-HW-OW-2025-2829). In brief, the EPA assures
commenters that the EPA performed an extensive review of Colorado's
proposed program and it meets all applicable requirements for primacy
approval.
V. The EPA's Action
A. Incorporation by Reference
The EPA is approving the State of Colorado's UIC program primacy
application for Class VI injection wells in the State, except for those
located on Indian lands. This action amends 40 CFR 147.300 through 40
CFR 147.305 and incorporates by reference Colorado's EPA-approved
statutes and implementing regulations that contain standards,
requirements, and procedures applicable to UIC well owners and
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 Colorado statutes and regulations
to be incorporated by reference into 40 CFR 147.301 in a document
titled ``Colorado SDWA Sec. 1422 Underground Injection Control Program
Class VI Statutes and Regulations to be Incorporated by Reference,''
dated January 8, 2026. This compilation is publicly available at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> in the EPA's Docket No. EPA-HQ-OW-2025-2829
for this rulemaking. The EPA also codifies a table in 40 CFR 147.300
listing the EPA-approved Colorado Statutes and Regulations for Class VI
wells that the EPA is incorporating by reference.
The ``Oil and Gas Conservation Commission Revised Rules and
Regulations in the 800, 900, and 1200 series,'' as of January 15, 2021,
includes the revised Oil and Gas Conservation Commission (OGCC) rules
in the 800, 900, and 1200 series, of which the 800 series rules include
the State's Class II UIC regulations. The compilation is publicly
available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in the EPA's Docket No. EPA-
HQ-OW-2025-2829.
In order to better serve the public, the EPA is reformatting and
updating the codification of 40 CFR 147.300 State-administered program-
Class II wells to incorporate non-substantial changes to Colorado's UIC
program for Class II injection wells, previously approved by letter
under 40 CFR 145.32(b)(4). Colorado submitted a Class II program
revision to EPA Region 8 because of the State's Mission Change
Rulemaking to align OGCC rules with the statutory amendments adopted in
the Colorado Senate Bill 19-181. This State rulemaking revised the OGCC
rules in the 800, 900, and 1200 series, of which the 800 series rules
include the State's Class II UIC regulations. EPA Region 8 reviewed the
regulations in the 800 series to ensure they retain all necessary
authority for the OGCC to enforce the new statutory requirements
applicable to Class II injection wells. The EPA is not undergoing
notice and public comment on these non-substantial revisions because
the Agency had previously approved them by letter in 2021 and is now
simply updating the CFR to reflect these previously approved, non-
substantial revisions. Because these revisions have already been
approved, the codification of these revisions is ministerial. As a
result, EPA finds there is ``good cause'' pursuant to 5 U.S.C. 553(b)
to incorporate these codifications without prior notice and opportunity
for comment. The letters from EPA approving the non-substantial
revisions to Colorado's statutes and regulations (OGCC rules in the
800, 900, 1200 series) are included in the docket for reference, along
with the updated Memoranda of Agreement and State Attorney General's
statements. The revised documents are publicly available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in the EPA's Docket No. EPA-HQ-OW-2025-2829.
B. The EPA's Oversight
The EPA will oversee Colorado's administration of its 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 ECMC specifies that the EPA will
oversee the State's administration of the UIC program on a continuing
basis to assure 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: <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing Regulatory Review
This action is exempt from review under Executive Order 12866
because the Office of Management and Budget (OMB) 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.
[[Page 64785]]
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.
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 approval
of Colorado'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 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 approves 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 final rule does not involve technical standards.
K. Congressional Review Act (CRA)
This final rule is subject to the CRA, and the EPA will submit a
rule report to each House of the Congress and to the Comptroller
General of the United States. This action is not a ``major rule'' as
defined by 5 U.S.C. 804(2).
VII. References
Attorney General's Statement ``Attorney General's Statement to
Accompany Colorado's Underground Injection Control Program Class VI
Primacy Application'', signed by the Attorney General of Colorado on
May 27, 2025.
Class VI Underground Injection Control Program Description
``State of Colorado Class VI Underground Injection Control 1422
Program Description'', Colorado Energy and Carbon Management
Commission, September 23, 2025.
Letter from the Governor of Colorado to the Regional
Administrator, EPA Region 8, signed on April 2, 2025.
The Memorandum of Agreement between the Colorado Energy and
Carbon Management Commission and the EPA Region VIII, signed by the
EPA Regional Administrator on October 8, 2025.
State of Colorado Energy and Carbon Management Commission of
Colorado Department of Natural Resources Class VI UIC Primacy
Application, ``Relevant State Statutes and Regulations'', September
23, 2025.
State of Colorado Energy and Carbon Management Commission of the
Colorado Department of Natural Resources Class VI UIC Primacy
Application, ``Public Participation Documentation'', September 23,
2025.
U.S. Environmental Protection Agency. ``Colorado SDWA Sec. 1422
Underground Injection Control Program Statutes and Regulations to be
Incorporated by Reference.'' January 8, 2026. Office of Water.
State of Colorado Oil and Gas Conservation Commission Revised
Rules and Regulations in the 800, 900, and 1200 series, as of
January 15, 2021.
The Memorandum of Agreement between EPA Region VIII and the
Colorado Oil and Gas Conservation Commission, signed by the EPA
Regional Administrator on March 3, 1984, amended on August 30, 1989,
and amended July 29, 2021.
The amended Memorandum of Agreement between EPA Region VIII and
the Colorado Energy and Carbon Management Commission, signed by the
EPA Regional Administrator on July 15, 2026.
Letter from Colorado Attorney General to the Acting Regional
Administrator, U.S. EPA Region VIII, ``RE: Colorado Attorney General
Statement Regarding Class II UIC Well Rules'', December 9, 2020.
Letter from Colorado Attorney General to the Regional
Administrator, U.S. EPA Region VIII, ``RE: Colorado Attorney General
Statement Regarding Class II UIC Well Rules'', May 20, 2026.
List of Subjects in 40 CFR Part 147
Environmental protection, Incorporation by reference, Indian lands,
Intergovernmental relations, Reporting and recordkeeping requirements,
Water supply.
Lee Zeldin,
Administrator.
For the reasons set forth in the preamble, the EPA hereby amends 40
CFR part 147 as follows:
PART 147--STATE, TRIBAL, AND EPA-ADMINISTERED UNDERGROUND INJECTION
CONTROL PROGRAMS
0
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.
0
2. Amend Sec. 147.300 by:
0
a. Revising the introductory text and paragraph (a) introductory text;
0
b. Adding paragraph (a)(5);
0
c. Revising paragraph (b); and
0
d. Adding paragraphs (c)(6) and (7).
The revisions and additions read as follows:
Sec. 147.300 State-administered program--Class II Wells
The UIC program for Class II wells in the State of Colorado, except
those wells on Indian Lands, is the program administered by the
Colorado Energy and Carbon Management Commission approved by EPA
pursuant to section 1425 of the SDWA. Notice of this approval was
published in the Federal Register on April 2, 1984 (49 FR 13040); the
effective date of this program is April 2, 1984. This program consists
of
[[Page 64786]]
the following elements, as submitted to EPA in the State's program
application:
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph are hereby
incorporated by reference and made a part of the applicable UIC program
under the SDWA for the State of Colorado. This incorporation by
reference was approved by the Director of the Federal Register in
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the State
of Colorado's statutes and regulations that are incorporated by
reference may be obtained at the State of Colorado Energy and Carbon
Management Commission, 1120 Lincoln Street, Suite 801, Denver,
Colorado, 80203. Copies of the State of Colorado's statutes and
regulations that are incorporated by reference may be inspected at the
Environmental Protection Agency, Region 8, U.S. Environmental
Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-1129, or
at the National Archives and Records Administration (NARA). For
information on the availability of this material at NARA, email:
<a href="/cdn-cgi/l/email-protection#5c3a2e7235322f2c393f283533321c323d2e3d723b332a"><span class="__cf_email__" data-cfemail="0a6c78246364797a6f697e6365644a646b786b246d657c">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>. The IBR material may be obtained from the EPA
offices listed in this paragraph (a).
* * * * *
(5) Oil and Gas Conservation Commission Revised Rules and
Regulations in the 800, 900, and 1200 series, as of January 15, 2021.
(b) Memoranda of agreement. (1) The Memorandum of Agreement between
EPA Region VIII and the Colorado Oil and Gas Conservation Commission,
signed by the EPA Regional Administrator on March 3, 1984, amended on
August 30, 1989, and amended July 29, 2021.
(2) The amended Memorandum of Agreement between EPA Region VIII and
the Colorado Energy and Carbon Management Commission, signed by the EPA
Regional Administrator on July 15, 2026.
(c) * * *
(6) Letter from Colorado Attorney General to the Acting Regional
Administrator, U.S. EPA Region VIII, ``RE: Colorado Attorney General
Statement Regarding Class II UIC Well Rules'', December 9, 2020.
(7) Letter from Colorado Attorney General to the Regional
Administrator, U.S. EPA Region VIII, ``RE: Colorado Attorney General
Statement Regarding Class II UIC Well Rules'', May 20, 2026.
* * * * *
Sec. Sec. 147.301 through 147.305 [Redesignated as Sec. Sec. 147.302
through 147.306]
0
3. Redesignate Sec. Sec. 147.301 through 147.305 as Sec. Sec. 147.302
through 147.306, respectively.
0
4. Add Sec. 147.301 to read as follows:
Sec. 147.301 State-administered program--Class VI Wells
The UIC program for Class VI wells in the State of Colorado, except
for those wells on Indian lands, is the program administered by the
Colorado Energy and Carbon Management Commission approved by EPA
pursuant to section 1422 of the Safe Drinking Water Act (SDWA). The
effective date of this program is November 12, 2026. The UIC program
for Class VI wells in the State of Colorado, except those located on
Indian lands, consists of the following elements, as submitted to EPA
in the State's program application.
(a) Incorporation by reference. The requirements set forth in the
State statutes and regulations cited in this paragraph (a) are hereby
incorporated by reference and made part of the applicable UIC program
under SDWA for the State of Colorado. This incorporation by reference
was approved by the Director of the Federal Register in accordance with
5 U.S.C. 552(a) and 1 CFR part 51. Copies of the State of Colorado's
statutes and regulations that are incorporated by reference may be
obtained at the State of Colorado Energy and Carbon Management
Commission, 1120 Lincoln Street. Suite 801, Denver, Colorado, 80203.
Copies of the State of Colorado's provisions that are incorporated by
reference may be inspected at the U.S. Environmental Protection Agency,
Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC 20004, or Region 8, U.S.
Environmental Protection Agency, 1595 Wynkoop Street, Denver, Colorado
80202-1129. If you wish to obtain this material from the EPA Docket
Center, call (202) 566-2426. Copies of this material also may be
inspected at the National Archives and Records Administration (NARA).
For information on the availability of this material at NARA, email:
<a href="/cdn-cgi/l/email-protection#92f4e0bcfbfce1e2f7f1e6fbfdfcd2fcf3e0f3bcf5fde4"><span class="__cf_email__" data-cfemail="0a6c78246364797a6f697e6365644a646b786b246d657c">[email protected]</span></a>, or go to: <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a>. The IBR material may be obtained from the EPA
offices listed in this paragraph (a).
(1) Colorado SDWA Sec. 1422 Underground Injection Control Program
Class VI Statutes and Regulations to be Incorporated by Reference,
dated January 8, 2026. Table 1 to this paragraph (a)(1) lists the
Colorado statutes and regulations that EPA has approved for inclusion
in this compilation.
Table 1 to Paragraph (a)(1)
----------------------------------------------------------------------------------------------------------------
State effective
State citation Title/subject date EPA approval date
----------------------------------------------------------------------------------------------------------------
C.R.S. 24-4-101 through 24-4-109. Colorado Last amended October 13, 2026.
Administrative December 16, 2024.
Procedure Act.
C.R.S. 34-60-101 through 106 Oil and Gas Last amended October 13, 2026.
(except 34-60-105(4)(b)), 108 Conservation Act. December 16, 2024.
through 115, 121, 122, 124, 131,
and 140 through 143.
2 CCR 404-1, series 100 (except Department of Last amended October 13, 2026.
definition of Indian Lands), 200 Natural Resources December 16, 2024.
(except 201(d)(2)) and 201(e)), Energy and Carbon
500, 600, 900, 1400. Management
Commission Rules of
Practice and
Procedure.
----------------------------------------------------------------------------------------------------------------
(2) [Reserved]
(b) Memorandum of Agreement. The Memorandum of Agreement between
the Colorado Energy and Carbon Management Commission and the EPA Region
VIII, signed by the EPA Regional Administrator October 8, 2025.
(c) Governor's Letter. Letter from the Governor of Colorado to the
Regional Administrator, EPA Region VIII, signed on April 2, 2025.
(d) Statement of Legal Authority. Attorney General's Statement to
Accompany Colorado's Underground Injection Control Program Class VI
Primacy Application'', signed by the
[[Page 64787]]
Attorney General of Colorado on May 27, 2025.
(e) Program Description. The Program Description, ``Colorado Class
VI Underground Injection Control Program (1422) Description.''
[FR Doc. 2026-20846 Filed 10-9-26; 8:45 am]
BILLING CODE 6560-50-P
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