Utah Underground Injection Control Program; Class VI Primacy

DEEPER READ

This proposed rule addresses a formal application from the State of Utah requesting primacy, which is primary enforcement responsibility, for Class VI underground injection wells under the Safe Drinking Water Act. Class VI wells are specifically designed for injecting carbon dioxide into underground geological formations for long-term storage, a process known as geologic carbon sequestration. The EPA has reviewed Utah's application and determined it meets federal requirements outlined in 40 CFR parts 144, 145, and 146. If the EPA finalizes this approval, the Utah Department of Natural Resources, Division of Oil, Gas and Mining (DOGM) would assume responsibility for issuing permits and enforcing compliance with UIC Class VI regulations within the state. This represents a shift of regulatory authority from the federal level to the state level, which is a common structure under the Safe Drinking Water Act, allowing states that meet federal standards to administer their own programs. A notable exception is that the EPA would retain primacy over Class VI injection wells located on Indian lands within Utah. This distinction preserves federal oversight in areas where tribal sovereignty and federal trust responsibilities apply, consistent with standard practice in environmental regulatory programs. The affected parties include companies or entities seeking to develop carbon capture and storage projects in Utah, state regulators at DOGM who would take on new permitting responsibilities, and communities near potential injection sites whose groundwater could be affected. The Safe Drinking Water Act's UIC program is fundamentally designed to protect underground sources of drinking water from contamination. As a proposed rule, this action is open to public comment before being finalized. The official record does not specify a final effective date or comment deadline in the abstract provided, so those details would need to be confirmed in the full Federal Register notice.

AS PUBLISHED

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.

THE SAGE'S PERSPECTIVE