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Proposed Rule2026-22085

Alaska Underground Injection Control (UIC) Program; Class VI Primacy

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Published

October 29, 2026

Issuing agencies

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA or the Agency) has received a complete Underground Injection Control (UIC) application from the State of Alaska, 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 primacy application would allow the Alaska Oil and Gas Conservation Commission (AOGCC) 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 Alaska's application to implement the UIC program for Class VI injection wells located within the State, except those located within Indian country and those located within areas of exclusive Federal jurisdiction.

Full Text

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<title>Federal Register, Volume 91 Issue 208 (Thursday, October 29, 2026)</title>
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[Federal Register Volume 91, Number 208 (Thursday, October 29, 2026)]
[Proposed Rules]
[Pages 68091-68097]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-22085]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 147

[EPA-HQ-OW-2026-4588; FRL 13424-01-OW]

Alaska Underground Injection Control (UIC) 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 the Agency)
has received a complete Underground Injection Control (UIC) application
from the State of Alaska, 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
primacy application would allow the Alaska Oil and Gas Conservation
Commission (AOGCC) 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 Alaska's application to
implement the UIC program for Class VI injection wells located within
the State, except those located within Indian country and those located
within areas of exclusive Federal jurisdiction.

DATES: Comments must be received on or before December 14, 2026. Public
hearing: The EPA will hold one virtual public hearing during the
comment

[[Page 68092]]

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-2026-4588 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: 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; or Evan Osborne, UIC
Program Specialist, U.S. Environmental Protection Agency, 1200 Sixth
Avenue, Seattle, Washington 98101. Mary Hastings Puckett can be reached
by emailing <a href="/cdn-cgi/l/email-protection#94c1ddd7e4e6fdf9f5f7edd4f1e4f5baf3fbe2">[email&#160;protected]</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. Alaska UIC Program
III. Legal Authorities
IV. Alaska's Application for UIC Class VI Primacy
A. Background
B. Public Participation Activities Conducted by Alaska
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 Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: 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)
VII. References

I. Public Participation

A. Written Comments

Submit your comments, identified by Docket ID No. EPA-HQ-OW-2026-
4588, 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 any
information you consider to be Confidential Business Information (CBI),
Proprietary Business Information (PBI), or other information whose
disclosure is restricted by statute to the EPA's docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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 no earlier than 30 days after the date of this
publication. To register to speak at the virtual hearing, please use
the online registration form available at <a href="https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program">https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</a> or
contact us by email at <a href="/cdn-cgi/l/email-protection#b9ecf0fac9cbd0d4d8dac0f9dcc9d897ded6cf">[email&#160;protected]</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/primary-enforcement-authority-underground-injection-control-program">https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</a>. Please refer to <a href="https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program">https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</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 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#63362a2013110a0e02001a230613024d040c15">[email&#160;protected]</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/primary-enforcement-authority-underground-injection-control-program">https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</a>. Please contact <a href="/cdn-cgi/l/email-protection#7b2e32380b0912161a18023b1e0b1a551c140d">[email&#160;protected]</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/primary-enforcement-authority-underground-injection-control-program">https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program</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.

[[Page 68093]]

II. 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.
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 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, and testing and monitoring through site
closure. The UIC program also includes well permitting, site
inspections, and reporting to ensure well owners and operators comply
with UIC permits and regulations.
The 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
responsibility or ``primacy'' for implementing a UIC program, including
a Class VI program. 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 for protecting USDWs promulgated by the EPA pursuant to
SDWA section 1421. 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 UIC
primacy for a State, the State's 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 Alaska) 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 seek 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 outside the authorized injection zone 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 (e.g., 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> An emergency and remedial response plan 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 to the public for comment before the permitting
authority decides whether to issue a final permit.

C. Alaska UIC Program

The State of Alaska received primacy for Class II injection wells
under SDWA section 1425 on May 6, 1986 (51 FR 16683 and 16684). On May
22, 2026, Alaska applied to the EPA under SDWA section 1422 for primacy
for Class VI injection wells located within the State.

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 a State seeking primacy demonstrate to the
EPA that it has adopted (after notice and public hearing) and will
implement a UIC program that 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 proposed rule approving Alaska'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 each State must meet to obtain primacy. The
regulations in 40 CFR part 145 specify the procedures the EPA will
follow in approving, reviewing, and withdrawing State UIC programs, and
outlines the elements and provisions that a State must include in its
application for primacy. The EPA 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

[[Page 68094]]

146 contain the technical criteria and standards applicable to each
well class, including Class VI wells.

IV. Alaska's Application for UIC Class VI Primacy

A. Background

On May 22, 2026, Alaska submitted a complete application for
primary enforcement responsibility for Class VI wells under the
authority of SDWA section 1422. Alaska's UIC primacy application
includes a description of the State's proposed UIC Class VI program,
copies of all State legal authorities and forms, applicable statutes
and regulations, statement of legal authority from Alaska's Attorney
General, a summary of Alaska's public participation activities, and a
Memorandum of Agreement (MOA) between Alaska and the EPA's Region 10
Administrator. The EPA reviewed the application for completeness and
performed a technical and legal evaluation of the application materials
to assess and confirm that Alaska's proposed UIC Class VI program meets
Federal requirements.

B. Public Participation Activities Conducted by Alaska

In August 2024, AOGCC published notice on its intent to apply for
Class VI primacy. In the AOGCC notice, AOGCC also shared that it was
considering revising its regulations as a result of House Bill 50
(signed by the Governor on July 31, 2024). House Bill 50 directed AOGCC
to regulate carbon storage facilities, including associated wells,
within the state. In that notice, AOGCC asked subsurface landowners,
industry, and any other interested or affected stakeholders for their
ideas and suggestions related to providing an efficient, consistent,
cost-effective, and reasonable regulatory framework that incorporates
both House Bill 50 and EPA Class VI requirements, before AOGCC began
drafting any specific proposed regulations. AOGCC hosted a public
hearing on November 7, 2024, in Anchorage, Alaska with the option to
participate remotely. No comments were received during the hearing, but
six written comments were received. AOGCC responded to each comment and
publicly posted its responses. On behalf of AOGCC, the University of
Alaska Fairbanks hosted Carbon Storage Townhalls on November 19, 2024,
in Fairbanks; on January 3, 2025, in Kenai; on January 22, 2025, in
Anchorage; and on March 3, 2025, in Utqiagvik. These town hall events
explained carbon capture, use, and storage, and how Alaska's geology
and regulatory framework might allow for carbon storage projects.
On November 25, 2025, AOGCC posted a ``Notice of Proposed Changes
on Carbon Storage and Underground Injection Control Class VI Wells in
the Regulations of the Alaska Oil and Gas Conservation Commission.''
This notice proposed to adopt changes in Title 20 Chapter 25 of the
Alaska Administrative Code, dealing with carbon storage as it relates
to Class VI wells and establishing a new Class VI UIC program for
Alaska. Additionally, this notice gave the opportunity for written
comments to be received by January 13, 2026, as well as the opportunity
for a public hearing in Anchorage with the option to participate
remotely. On January 13, 2026, AOGCC held a public hearing on the
proposed Class VI regulations. AOGCC received one comment during the
hearing and six written comments. AOGCC responded to each comment and
publicly posted its responses. The State regulatory changes were
approved and signed by the Office of the Lieutenant Governor on March
19, 2026, and became effective on April 18, 2026.
Prior to applying for EPA approval of a State UIC program, the
State must issue public notice of its intent to do so. In April 2026,
AOGCC published notices of its intent to adopt and seek approval of a
UIC Class VI program and of a related public hearing. AOGCC published
the notice in six Alaska newspapers, through its website, and via email
distribution to stakeholders. The notice provided the schedule for the
hearing and identified the issues on which AOGCC sought public input.
On May 14, 2026, AOGCC hosted an in-person hearing with the option to
participate remotely. AOGCC received no comments during the hearing and
received two written comments. One comment asserted that AOGCC's final
regulations and previous response to comments did not resolve issues
raised by the commenter during the comment period for the proposed
State regulatory changes. These concerns include that funding is
inadequate and uncertain to cover the technical expertise and
implementation necessary for a Class VI permitting program; that
Alaska's fee-shifting statute and rules discourage citizen oversight
lawsuits and undermine key elements of the SDWA; that carbon capture
and storage is dangerous, energy-intensive, and ineffective; that
Alaska's history of oil and gas safety and environmental oversight and
enforcement make adding a new permitting program highly risky; and that
AOGCC has the responsibility not to pursue Class VI primacy until it
can adequately demonstrate an ability to effectively administer the
Class VI UIC program. The other comment supported Alaska's pursuit for
Class VI primacy. AOGCC publicly responded to both comments.
Documentation of Alaska's public participation activities,
including comments received and responses by the AOGCC, can be found in
the EPA's Docket ID No. EPA-HQ-OW-2026-4588.

C. Summary of the EPA's Comprehensive Evaluation

The EPA evaluates primacy applications in accordance with SDWA
section 1422 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 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
Alaska's primacy application to determine whether the State's proposed
UIC Class VI program--including State statutes and regulations, program
description, State Attorney General's statement, and MOA--meets the
requirements of SDWA section 1422 and EPA regulations. Upon review, the
EPA determined that Alaska's primacy application demonstrates that the
State has adopted and will implement a UIC Class VI program that meets
EPA requirements.
The EPA evaluated Alaska'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 Alaska'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 Alaska's Attorney General's statement related to
Class VI for consistency with 40 CFR 145.24. In an Attorney General's
statement, the

[[Page 68095]]

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 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 included ensuring that the MOA contained the
appropriate provisions pertaining to coordination, permitting,
compliance monitoring, enforcement, and EPA oversight. For example, the
Class VI MOA specifies that the AOGCC 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.
Alaska has demonstrated that it meets all UIC permitting
requirements found in 40 CFR 145.11 for Class VI permits. Alaska'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, Alaska has the necessary civil, administrative, and
criminal enforcement authorities pursuant to 40 CFR 145.13. Alaska'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 Alaska's UIC Class VI program primacy application because the
EPA has determined that the application meets all applicable
requirements for Class VI primacy approval under SDWA section 1422 and
because the State has demonstrated that it will 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 Alaska's UIC program
primacy application for Class VI injection wells in the State, except
for those located within Indian country and those wells located within
areas of exclusive Federal jurisdiction. If finalized, this action
would amend 40 CFR part 147, subpart C, and incorporate by reference
Alaska's 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. 40 CFR 147.1(e). The EPA would continue to
administer the UIC program in Alaska for Class I, III, IV, and V wells
and for all well classes within Indian country and within areas of
exclusive federal jurisdiction.
The EPA compiled the applicable Alaska statutes and regulations
proposed to be incorporated by reference into 40 CFR 147.100 in a
document titled ``Alaska SDWA Sec. 1422 Underground Injection Control
Program Class VI Statutes and Regulations,'' dated August 26, 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-2026-4855 for this proposed
rulemaking. The EPA also proposes to codify a table in 40 CFR 147.100
listing the EPA-approved Alaska 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 Alaska'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 10 and
AOGCC 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 Order 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 under Executive Order 12866
because the Office of Management and Budget (OMB) has exempted, as a
category, the approval of 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.

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 Alaska'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

[[Page 68096]]

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 Alaska's Underground Injection Control Program Class VI
Primacy Application,'' signed by the Acting Attorney General of
Alaska on May 19, 2026.
Class VI Underground Injection Control Program Description ``Alaska
Class VI Underground Injection Control 1422 Program Description,''
Alaska Oil and Gas Conservation Commission, May 22, 2026.
Letter from the Governor of Alaska to the Regional Administrator,
EPA Region 10, signed on May 21, 2026.
The Memorandum of Agreement Between the Alaska Oil and Gas
Conservation Commission and The United States Environmental
Protection Agency Region 10 for the UIC Class VI Program.
State of Alaska Oil and Gas Conservation Commission, ``40 CFR
145.22(a)(5) Applicable Alaska Statutes and Regulations,'' May 22,
2026.
State of Alaska Oil and Gas Conservation Commission, ``40 CFR
145.22(a)(6) Public Participation Activities,'' May 22, 2026.
U.S. Environmental Protection Agency. Proposed ``Alaska SDWA Sec.
1422 Underground Injection Control Program Class VI Statutes and
Regulations.'' August 26, 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.

Sec. Sec. 147.100 through 147.104 [Redesignated as Sec. Sec. 147.101
through 147.105]

0
2. Redesignate Sec. Sec. 147.100 through 147.104 as Sec. Sec. 147.101
through 147.105.
0
3. Add new Sec. 147.100 to read as follows:

Sec. 147.100 State-administered program--Class VI Wells.

The UIC program for Class VI wells in the State of Alaska, except
for those wells located within Indian country and those wells located
within areas of exclusive Federal jurisdiction, is the program
administered by the Alaska Oil and Gas Conservation Commission approved
by EPA pursuant to section 1422 of the Safe Drinking Water Act (SDWA).
The effective date of this program is [EFFECTIVE DATE OF THE FINAL
RULE]. The UIC program for Class VI wells in the State of Alaska,
except those located within Indian country and those wells located
within areas of exclusive Federal jurisdiction, 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's statutes and regulations approved by EPA for inclusion in
``Alaska SDWA Sec. 1422 Underground Injection Control Program Class VI
Statutes and Regulations'' dated August 26, 2026, and listed in table 1
to this paragraph (a), are incorporated by reference and made a part of
the applicable UIC program under SDWA for the State of Alaska. 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.
(1) This material is available for inspection at the U.S.
Environmental Protection Agency (EPA) and at the National Archives and
Records Administration (NARA).
(i) Contact the EPA at the:
(A) EPA Water Docket. U.S. Environmental Protection Agency, Water
Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301
Constitution Ave. NW, Washington, DC 20004; phone: (202) 566-2426; or
(B) EPA Region 10 office. U.S. Environmental Protection Agency,
Region 10, [Region 10 contact information]. or [State of Alaska contact
information].
(ii) For information on the availability of this material for
inspection at NARA, visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email <a href="/cdn-cgi/l/email-protection#177165397e7964677274637e7879577976657639707861">[email&#160;protected]</a>.
(2) To obtain the material, contact:
(i) The EPA (see paragraph (a)(1)(i) of this section); or
(ii) The State of Alaska [State of Alaska contact information].

Table 1 to Paragraph (a)--Alaska SDWA Sec. 1422 Underground Injection Control Program Class VI Statutes and
Regulations
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State effective date EPA approval date
----------------------------------------------------------------------------------------------------------------
AS 41.06.105-41.06.210 except AS Carbon Storage and Last amended October [DATE OF PUBLICATION OF
41.06.140 and AS 41.06.150(b). Injection. 29, 2024. THE FINAL RULE IN
FEDERAL REGISTER].
20 AAC 25.442; 20 AAC 25.444; 20 AAC Alaska Administrative Last amended April 18, [DATE OF PUBLICATION OF
25.990 (79)-(83); 20 AAC 25.1000- Code. 2026. THE FINAL RULE IN
1900, Article 9, ``Carbon Storage''. FEDERAL REGISTER].
----------------------------------------------------------------------------------------------------------------

[[Page 68097]]

(b) Other Laws. The following statutes and regulations, as
effective on March 31, 2002, although not incorporated by reference
except for any provisions identified in paragraph (a) of this section,
are also part of the approved State-administered UIC program.
(1) Alaska Statutes 31.05.005-31.05.170. Alaska Oil and Gas
Conservation Act, as amended on October 29, 2024.
(2) [Reserved]
(c) Memorandum of Agreement. The Memorandum of Agreement Between
Alaska Oil and Gas Conservation Commission and The United States
Environmental Protection Agency Region 10 for the UIC Class VI Program.
(d) Governor's Letter. Letter from the Governor of Alaska to the
Regional Administrator, EPA Region 10, signed on May 21, 2026.
(e) Statement of Legal Authority. ``Attorney General's Statement to
Accompany Alaska's Underground Injection Control Program Class VI
Primacy Application'', signed by the Acting Attorney General of Alaska
on May 19, 2026.
(f) Program Description. The Program Description, ``Alaska Class VI
Underground Injection Control Program (1422) Description'' and any
other materials submitted as part of the application or as supplements
thereto.

[FR Doc. 2026-22085 Filed 10-28-26; 8:45 am]
BILLING CODE 6560-50-P

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