Why It Matters
Carbon storage well operators in Utah would answer to state regulators instead of the Environmental Protection Agency under a proposed rule the agency published Oct. 22. The proposal would transfer permitting and enforcement authority over carbon dioxide injection wells used for geologic sequestration from EPA to Utah's Division of Oil, Gas and Mining (DOGM), except on Indian lands, where EPA would retain primacy.
EPA says it conducted a "comprehensive technical and legal evaluation" of Utah's application and determined the program "meets all applicable requirements for Class VI primacy approval" under the Safe Drinking Water Act (SDWA). Utah submitted its Class VI primacy application on December 23, 2025; EPA published the proposed approval on October 22.
The document gives no estimate of the number of people or entities affected, and EPA certifies the action "will not impose any requirements on small entities," stating it "transfers regulatory authority from the EPA to a State program with substantially the same requirements."
The Broader Context
During Utah's own state-level rulemaking, DOGM received zero public comments during the formal 30-day comment period on its proposed Class VI regulations. During the 30-day comment period on Utah's primacy application, one written comment in support was received, and one attendee provided comments in support at a December 8, 2025 hybrid public hearing.
As of October 26, the EPA docket held two comments, both submitted after the comment period opened October 22. Hunton's environmental-law newsletter reported Oct. 27 that there are no pending Class VI permit applications in Utah and that approval could help the state process future applications and attract investment.
The agency says the SDWA requires it to develop minimum requirements for state underground injection control programs "to prevent underground injection of fluids… from endangering underground sources of drinking water." Under the proposed rule, any owner or operator wishing to inject carbon dioxide underground for geologic sequestration in Utah would need to obtain a Class VI permit from DOGM, demonstrating compliance with requirements covering site characterization, well construction, testing and monitoring, financial assurance, and post-injection monitoring.
After approval, EPA would require quarterly reports on permittee non-compliance and annual performance reports from DOGM under its oversight authority. The proposed regulatory text incorporates by reference Utah statutes and regulations, Utah Code Title 40, Chapter 11; Utah Administrative Code Title R644; and portions of R649, which EPA approved on January 21.
The Bottom Line
Utah has held state primacy for Class II wells since October 8, 1982, and for Class I, III, IV, and V wells since January 9, 1983; Class VI wells were not covered by state primacy before this proposal. Today, 40 C.F.R. § 147.2250 is titled "State-administered program — Class I, III, IV, and V wells" and covers only those well classes, administered by the Utah Department of Health. If the rule is finalized, the section would be retitled "State-administered program — Classes I, II, III, IV, V and VI wells" and would add a new Class VI program administered by DOGM, with an effective date set 30 days after publication of the final rule in the Federal Register.
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