Proposed Rule2026-21618
Utah Underground Injection Control 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 22, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The U.S. Environmental Protection Agency (EPA or Agency) has received a complete Underground Injection Control (UIC) program revision application from the State of Utah, requesting 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 revision application would allow the Utah Department of Natural Resources, Division of Oil, Gas and Mining (DOGM) to issue and enforce compliance with UIC Class VI permits for injection wells used for geologic carbon sequestration. In this action, the EPA proposes to approve Utah's application to implement the UIC program for Class VI injection wells located within the State, except those on Indian lands for which the EPA retains primacy. The EPA has determined that Utah's UIC Class VI program meets Federal requirements for primacy under SDWA section 1422 and the applicable implementing regulations in 40 CFR parts 144, 145, and 146.
Full Text
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<title>Federal Register, Volume 91 Issue 203 (Thursday, October 22, 2026)</title>
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[Federal Register Volume 91, Number 203 (Thursday, October 22, 2026)]
[Proposed Rules]
[Pages 66662-66667]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21618]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2026-0496; FRL 13209-01-OW]
Utah Underground Injection Control Program; Class VI Primacy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notice of public hearing.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) has
received a complete Underground Injection Control (UIC) program
revision application from the State of Utah, requesting 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 revision application would allow the Utah
Department of Natural Resources, Division of Oil, Gas and Mining (DOGM)
to issue and enforce compliance with UIC Class VI permits for injection
wells used for geologic carbon sequestration. In this action, the EPA
proposes to approve Utah's application to implement the UIC program for
Class VI injection wells located within the State, except those on
Indian lands for which the EPA retains primacy. The EPA has determined
that Utah's UIC Class VI program meets Federal requirements for primacy
under SDWA section 1422 and the applicable implementing regulations in
40 CFR parts 144, 145, and 146.
DATES: Comments must be received on or before December 7, 2026. Public
hearing: The EPA will hold one virtual public hearing during the
comment period. Please refer to the SUPPLEMENTARY INFORMATION section
for additional information on the public hearing.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OW-2026-0496 by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
<bullet> Hand Delivery or Courier: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operations are 8:30 a.m. to 4:30 p.m.,
Monday through Friday (except Federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the ``Public Participation''
heading of the SUPPLEMENTARY INFORMATION section of this document.
FOR FURTHER INFORMATION CONTACT: Kyle Carey, 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)
564-2322; or Fraser Evans, UIC Program (8WD-SDU) U.S. Environmental
Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-8917;
telephone number: (303) 312-6229. Both can be reached by emailing
<a href="/cdn-cgi/l/email-protection#80d5c9c3f0f2e9ede1e3f9c0e5f0e1aee7eff6"><span class="__cf_email__" data-cfemail="792c303a090b1014181a00391c0918571e160f">[email protected]</span></a>.
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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> (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 <a href="https://www.regulations.gov">https://www.regulations.gov</a> 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a> 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 <a href="https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy">https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy</a>. 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: <a href="https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy">https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy</a>. Please refer to
<a href="https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy">https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy</a> 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
[[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 <a href="/cdn-cgi/l/email-protection#0b5e42487b7962666a68724b6e7b6a256c647d"><span class="__cf_email__" data-cfemail="26736f6556544f4b47455f6643564708414950">[email protected]</span></a>. 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
<a href="https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy">https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy</a>. Please contact Fraser Evans using the contact
information available in the FOR FURTHER INFORMATION CONTACT section or
email <a href="/cdn-cgi/l/email-protection#3a6f73794a4853575b59437a5f4a5b145d554c"><span class="__cf_email__" data-cfemail="5e0b171d2e2c37333f3d271e3b2e3f70393128">[email protected]</span></a> 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 <a href="https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy">https://www.epa.gov/uic/proposed-rulemaking-utah-underground-injection-control-class-vi-primacy</a> 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:
<bullet> 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.
<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 to protect USDWs.
<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.
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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.
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\1\ The Utah Board of Oil, Gas and Mining (the Board) is the
policy making body for the Division of Oil, Gas and Mining. It was
created and exists under the authority of the Utah Oil and Gas
Conservation Act, Section 40-6 of the Utah Code. The BOGM consists
of seven members appointed by the governor, with the advice and
consent of the Utah senate.
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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
[[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 Sec. 1422 Underground Injection Control
Program Class VI Statutes and Regulations,'' dated January 21, 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-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: <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 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.
[[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 Sec.
1422 Underground Injection Control Program Statutes and Regulations
for Well Class VI to be Incorporated by Reference.'' January 21,
2026. Office of Water.
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 proposes to
amend 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. 147.2250 by:
0
a. Revising the section heading, the introductory text, and paragraph
(a) introductory text;
0
b. Adding paragraph (a)(4), a heading to paragraph (c), and paragraph
(d)(4); and
0
c. Revising paragraph (e).
The revisions and additions read as follows:
Sec. 147.2250 State-administered program-- Classes I, II, III, IV, V
and VI wells.
The UIC program for Class I, III, IV, and V wells in the State of
Utah, except for those wells on Indian lands, is the program
administered by the Utah Department of Health, Division of
Environmental Health, approved by EPA pursuant to section 1422 of the
Safe Drinking Water Act (SDWA). Notice of this approval was published
in the Federal Register on January 9, 1983 (48 FR 2321). The effective
date of this program is February 10, 1983. Changes to Utah's
regulations for Class I wells were made on May 15, 1990, in response to
modification of national rules as promulgated by 53 FR 28188, July 26,
1988. Utah's rules were effective July 20, 1990. The revised rules,
Program Description, Attorney General's statement, and Memorandum of
Agreement were approved as a minor program modification on October 3,
1990. The UIC Program for Class VI wells in the State of Utah, except
those located on Indian lands, is the program administered by the Utah
Department of Natural Resources, Division of Oil, Gas and Mining,
approved by the EPA pursuant to section 1422 of the SDWA. The effective
date of this program is [DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE
FINAL RULE IN FEDERAL REGISTER]. The UIC program for Class I, III, IV,
V, and VI wells in the State of Utah, except those located on Indian
lands, consists of the following elements, as submitted to EPA in the
State's program application and program revision applications:
(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 part of the applicable UIC program
under SDWA for the State of Utah. 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 may be obtained at the Utah
Department of Natural Resources, Division of Oil, Gas and Mining, 1594
W. North Temple in Salt Lake City, Utah 84114. Copies of the State of
Utah'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
[[Page 66667]]
this material at NARA, email <a href="/cdn-cgi/l/email-protection#2c4a49485e494b0240494b4d406c424d5e4d024b435a"><span class="__cf_email__" data-cfemail="f89e9d9c8a9d9fd6949d9f9994b896998a99d69f978e">[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>.
* * * * *
(4) Utah SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Class VI to be Incorporated by
Reference (approved by EPA January 21, 2026). Table 1 to this paragraph
(a)(4) lists the Utah statutes and regulations that the EPA has
approved for inclusion in this compilation.
Table 1 to Paragraph (a)(4)
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
Utah Code Title 40, Chapter 11....... Geologic Carbon Storage May 7, 2025............ [DATE OF PUBLICATION OF
THE FINAL RULE IN
FEDERAL REGISTER].
Utah Admin. Code Title R644.......... Natural Resources, Oil, July 31, 2025.......... [DATE OF PUBLICATION OF
Gas and Mining: Carbon THE FINAL RULE IN
Sequestration. FEDERAL REGISTER].
Utah Admin. Code Title R649, R649-3- Natural Resources; Oil, December 3, 2025....... [DATE OF PUBLICATION OF
18, R649-3-24, R649-8-4, R649-10-1 Gas and Mining; Oil THE FINAL RULE IN
through R649-10-8. and Gas. FEDERAL REGISTER].
Utah Code Title 40, Chapter 6, Board and Division of May 4, 2022............ [DATE OF PUBLICATION OF
Section 2. Oil, Gas, and Mining. THE FINAL RULE IN
FEDERAL REGISTER].
Utah Code Title 40, Chapter 6, Board and Division of May 12, 2020........... [DATE OF PUBLICATION OF
Section 11. Oil, Gas, and Mining. THE FINAL RULE IN
FEDERAL REGISTER].
----------------------------------------------------------------------------------------------------------------
* * * * *
(c) Memorandum of Agreement.
* * * * *
(4) The Memorandum of Agreement between EPA, Region 8 and the Utah
Division of Oil, Gas and Mining, signed by the Regional Administrator
on January 21, 2026.
(d) * * *
(4) Class VI Wells. Attorney General's Statement to Accompany
Utah's Underground Injection Control Program Class VI Primacy
Application signed by the Attorney General of Utah, October 3, 2025.
(e) Program Description. (1) Class I, III, IV, and V Wells. The
Program Description (revised June 19, 1990) and any other materials
submitted as part of the application or supplements thereto.
(2) Class VI Wells. The Program Description (December 23, 2025),
``Utah Class VI Underground Injection Control Program (1422)
Description''.
[FR Doc. 2026-21618 Filed 10-21-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on October 22, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.