EPA Proposes Granting Utah Class VI Primacy for Carbon Storage Well Permitting

The U.S. Environmental Protection Agency (EPA) has proposed approving Utah's application for primary enforcement authority, or primacy, over Class VI carbon dioxide injection wells. If finalized, the rule would move permitting and enforcement for geologic carbon sequestration wells in the state from federal to state control.

The proposed rule was published in the Federal Register on October 22, 2026, and signed by EPA Administrator Lee Zeldin. It responds to the application Utah submitted on December 23, 2025, under Section 1422 of the Safe Drinking Water Act (SDWA). Approval would allow the Utah Division of Oil, Gas and Mining (DOGM) to issue and enforce Class VI permits.

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Public Comment and Hearing Schedule

The EPA is accepting written comments through December 7, 2026, under Docket ID No. EPA-HQ-OW-2026-0496 at regulations.gov. A virtual public hearing will take place on December 3, 2026, from 5:00 to 7:00 p.m. Mountain Time, with each speaker given three minutes for oral testimony.

Anyone needing an interpreter or special accommodation is asked to pre-register and describe their needs by November 17, 2026. The agency says written comments will carry the same weight as testimony given at the hearing.

What Class VI Primacy Covers

Class VI wells inject carbon dioxide into deep rock formations for long-term underground storage. They're a core part of carbon capture and storage for emissions from industrial sources.

Operators must meet strict requirements before getting a permit. These include site characterization, plume modeling, leak-resistant well construction, ongoing testing and monitoring, financial assurance through site closure, and emergency response plans.

The EPA concluded that Utah's program meets all federal requirements under 40 CFR parts 144, 145, and 146. Wells on Indian lands are excluded, and the EPA will keep primacy there.

Federal Oversight Continues

Once approved, the EPA will oversee Utah's program, requiring quarterly reports on permittee non-compliance and annual UIC performance reports. The agency notes the action transfers authority to a state program with substantially the same requirements.

How Utah Built Its Program

Utah already holds primacy for other well classes. It received authority over Class II wells in 1982 and Class I, III, IV, and V wells in 1983.

Its Class VI framework began with House Bill 244, which Governor Cox signed on March 21, 2022. The law created the state's geologic carbon storage statute, later amended through House Bill 452 and House Bill 352.

DOGM held six stakeholder meetings between July and October 2024 and responded to 36 comments on its draft rules. The Board of Oil, Gas and Mining confirmed the final Class VI regulations on July 30, 2025, and they took effect the next day. A public hearing on the primacy application followed on December 8, 2025.

The Underground Injection Control program will add Utah to its list of Class VI primacy states only after the EPA reviews public input and issues a final decision.

About the U.S. Environmental Protection Agency

The EPA is the federal agency responsible for protecting human health and the environment. Through its Underground Injection Control program, it regulates underground fluid injection to protect drinking water sources and may grant states primacy when their programs meet federal SDWA standards.

About the Utah Division of Oil, Gas and Mining

The Utah Division of Oil, Gas and Mining is part of the Utah Department of Natural Resources. Its policy-making body, the Board of Oil, Gas and Mining, has seven members appointed by the governor with the consent of the Utah Senate.

Source: U.S. Environmental Protection Agency, Proposed Rulemaking: Utah Underground Injection Control Class VI Primacy