Utah May Take Over Permits for Underground Carbon Storage Wells
Published Date: 10/22/2026
Proposed Rule
Summary
The EPA is proposing to let Utah take charge of regulating special injection wells that store carbon underground to protect drinking water. This means Utah’s Division of Oil, Gas and Mining will issue permits and enforce rules for these wells, except on Indian lands where EPA stays in control. People can comment on this plan until December 7, 2026, and a virtual public hearing will be held during the comment period.
Analyzed Economic Effects
4 provisions identified: 0 benefits, 1 costs, 3 mixed.
Class VI permit technical and financial requirements
Owners or operators seeking a Class VI permit must meet technical, managerial, and financial requirements including site characterization, modeling of the injection influence area, identification and corrective action for potential fluid pathways, well construction standards, testing and monitoring (including post-injection monitoring and seismic monitoring), injection operating limits, financial assurance covering all project phases through site closure, emergency and remedial response plans, and reporting of testing and monitoring results. Draft permits must be made available for public comment before final issuance.
Utah will issue and enforce Class VI permits
If you own or operate a Class VI carbon sequestration well in Utah, the Utah Department of Natural Resources, Division of Oil, Gas and Mining (DOGM) would issue permits and enforce compliance for those wells (except on Indian lands). Utah applied on December 23, 2025, and the EPA is proposing to approve Utah's Class VI primacy application; the program’s effective date will be 30 days after the final Federal Register publication of the rule.
EPA keeps authority on Indian lands
The EPA will continue to have primacy (keep regulatory authority) for Class VI injection wells located on Indian lands; Utah's primacy, if approved, applies only to wells within the State except those on Indian lands.
EPA oversight: quarterly and annual reporting
If Utah's Class VI primacy is approved, the EPA will oversee the State's program and will require the State to submit quarterly reports on instances of permittee non-compliance and annual UIC performance reports pursuant to 40 CFR 144.8.
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Key Dates
Department and Agencies
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