[Federal Register Volume 91, Number 53 (Thursday, March 19, 2026)]
[Proposed Rules]
[Pages 13266-13271]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-05453]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 147
[EPA-HQ-OW-2025-2829; FRL 12995-01-OW]
Colorado Underground Injection Control Program; Class VI Primacy
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule; notification of public hearing.
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SUMMARY: The U.S. Environmental Protection Agency (EPA or Agency) has
received a complete Underground Injection Control (UIC) primacy
application from the State of Colorado, requesting primary enforcement
responsibility (primacy) for Class VI injection wells under the Safe
Drinking Water Act (SDWA) section 1422. The EPA's approval of the
State's UIC program primacy application would allow Colorado's Energy
and Carbon Management Commission (ECMC) 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 Colorado'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 Colorado'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.
DATES: Comments must be received on or before May 4, 2026.
Public hearing: The EPA will hold one virtual public hearing during
the comment 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-2025-2829, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW,
Washington, DC 20460.
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
[[Page 13267]]
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 https://www.regulations.gov/, 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; telephone number: (202)
564-1525; or VelRey Lozano, UIC Program (8WD-SDU) U.S. Environmental
Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-8917;
telephone number: (303) 312-6128. Both can be reached by emailing
[email protected].
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Public Participation
A. Written Comments
B. Participation in Public Hearing
II. Introduction
A. UIC Program and Primary Enforcement Authority (Primacy)
B. Class VI Wells Under the UIC Program
C. Colorado UIC Program
III. Legal Authorities
IV. Colorado's Application for UIC Class VI Primacy
A. Background
B. Public Participation Activities Conducted by Colorado
a. UIC Program Development Stakeholder Engagement
b. State Rulemaking
c. Proposal To Request UIC Program Primacy
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 Orders Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 14094: 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-2025-
2829, at https://www.regulations.gov (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 to the
EPA's docket at https://www.regulations.gov any information you
consider to be Confidential Business Information (CBI), Proprietary
Business Information (PBI), or other information whose disclosure is
restricted by statute. If you wish to submit CBI, contact VelRey Lozano
using the contact information available in the FOR FURTHER INFORMATION
CONTACT section. 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 https://www.epa.gov/dockets/commenting-epa-dockets 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. To register to speak at the virtual hearing, please use
the online registration form available at https://epa.gov/uic/co-primacy or contact us by email at [email protected]. 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: https://epa.gov/uic/co-primacy. Please refer to https://epa.gov/uic/co-primacy
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
hearings 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 [email protected]. 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
https://epa.gov/uic/co-primacy. Please contact VelRey Lozano using the
contact information available in the FOR FURTHER INFORMATION CONTACT
section or email [email protected] 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 accommodations
such as audio description, please pre-register for the hearing at
https://epa.gov/uic/co-primacy and describe your needs at least one
week prior to the public hearing date. The EPA may not be able to
arrange accommodations without advance notice.
II. Introduction
A. UIC Program and Primary Enforcement Authority (Primacy)
The Safe Drinking Water Act (SDWA) protects public health by
regulating the nation's public drinking water supply, including both
surface and groundwater sources. 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
[[Page 13268]]
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, including technical aspects throughout the life of the
project from site characterization, construction, operation, testing
and monitoring, and site closure, as well as permitting, site
inspections, and reporting to ensure well owners and operators comply
with UIC permits and regulations.
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 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 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 be revised with the EPA's approval. See 40 CFR 145.32.
The EPA comprehensively evaluates each primacy application in
accordance with SDWA section 1422 to determine whether the State has
satisfactorily demonstrated that it has adopted and will implement a
UIC program that meets applicable regulatory requirements.
B. Class VI Wells Under the UIC Program
Class VI wells are used to inject carbon dioxide into deep rock
formations for the purpose of long-term underground storage, also known
as geologic sequestration. Class VI injection wells are regulated under
a SDWA permitting framework that protects USDWs.
The UIC Class VI program provides multiple safeguards that work
together to protect USDWs. Owners or operators that wish to inject
carbon dioxide underground for the purpose of geologic sequestration
must obtain a Class VI permit for each well while demonstrating that
their proposed injection well and injection activities will meet all
regulatory requirements throughout the life of the project. The UIC
Class VI program requires applicants to meet technical, financial, and
managerial requirements to obtain a Class VI permit, including:
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.
Modeling to delineate the predicted area influenced by
injection activities through the lifetime of the project.
Evaluation of the delineated area to ensure all potential
pathways for fluid movement have been identified and addressed through
corrective action.
Well construction requirements that ensure the Class VI
injection well will not leak carbon dioxide.
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.
Operating requirements (for example, injection pressure
limitations) to ensure the injection activity will not endanger USDWs.
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.
Emergency and remedial response plans to protect USDWs.
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 decision is made
whether to issue a final permit.
C. Colorado UIC Program
The State of Colorado received primacy for Class II injection wells
under SDWA section 1425 on April 2, 1984 (49 FR 13040). On October 7,
2025, Colorado applied to the EPA under SDWA section 1422 for primacy
for Class VI injection wells located within the State, except those
located on Indian lands for which the EPA retains primacy.
III. Legal Authorities
This regulation is proposed under the authority of SDWA sections
1422 and 1450, 42 U.S.C. 300h-1 and 300j-9.
SDWA section 1421 requires the EPA Administrator to promulgate
Federal requirements for effective State UIC programs to prevent
underground injection activities that endanger USDWs. 42 U.S.C. 300h.
SDWA section 1422 requires States seeking primacy to demonstrate to the
EPA that the State has adopted (after notice and public hearing) and
will implement a UIC program which meets the requirements that EPA
promulgated under section 1421.
For States and Tribes seeking EPA primacy approval for UIC programs
under SDWA section 1422, the EPA has promulgated regulations setting
forth the applicable procedures and substantive requirements. 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 follows when considering
applications for primacy, applications for program revisions, and
withdrawing State programs, and outlines the elements and provisions
that a State must include in its application for primacy. The
regulations in 40 CFR part 145 also include 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 146 contain the
technical criteria and standards applicable to each well class,
including Class VI wells.
IV. Colorado's Application for UIC Class VI Primacy
A. Background
On October 7, 2025, Colorado submitted to the EPA a complete
application for primary enforcement responsibility for Class VI wells,
except those on Indian lands, under the authority of SDWA section 1422.
Colorado's UIC primacy application includes a description of the
State's proposed UIC Class VI program, copies of all applicable rules
and forms, an Attorney General's statement of legal authority, a
summary of Colorado's public participation activities, and a Memorandum
of Agreement (MOA) between Colorado and the EPA's Region 8 office. The
EPA reviewed the application for completeness and
[[Page 13269]]
performed a technical evaluation of the application materials.
B. Public Participation Activities Conducted by Colorado
a. UIC Program Development Stakeholder Engagement
Before the EPA can approve a State's application for Class VI
permitting and primary enforcement authority, or ``primacy,'' the State
must have the proper statutory and regulatory authority to administer a
UIC Class VI program in accordance with the SDWA and applicable
regulations. 42 U.S.C. 300h-1(b)(1)(A)(i); 40 CFR part 145, subpart B.
Thus, prior to submitting a Class VI primacy application for the EPA's
approval, Colorado needed to expand ECMC's regulatory authority to
include direct air capture facilities and geologic storage operations.
ECMC conducted a comprehensive state rulemaking process that included
extensive stakeholder outreach and engagement. The goal of the outreach
efforts was to inform stakeholders about ECMC's rule development
process and to explain and present drafts of the State rules.
Transparency and engagement were central in the outreach process. ECMC
hosted a series of hybrid, virtual, and in-person outreach engagements
across the State, reaching the general public, the regulated community,
and the Tribes located in Colorado. ECMC also presented on Class VI
primacy at a public hearing, led a carbon management tour for
communities near a potential development, and held seven general
stakeholder meetings and several targeted stakeholder meetings. On July
1, 2023, state law SB23-016 became effective and expanded ECMC's
authority to include regulation of direct air capture facilities and
geologic storage operations in Colorado.
b. State Rulemaking
Once the State expanded ECMC's authority, ECMC held a series of
virtual stakeholder engagements and rulemaking hearings from June to
December 2024, to develop regulations for Class VI injection wells. The
engagements provided opportunities for public input and informed the
development of Colorado's Class VI rules. Following ten Class VI
rulemaking and primacy hearings, ECMC finalized the rules for a UIC
Class VI program on December 16, 2024.
c. Proposal To Request UIC Program Primacy
As part of a UIC Class VI primacy application, a State must
satisfactorily show that it has adopted Class VI program requirements
after reasonable notice and public hearings. 42 U.S.C. 300h-
1(b)(1)(A)(i); 40 CFR 145.31(a), (b). In February 2025, ECMC published
notices of public hearings in seven Colorado newspapers, on its
website, and via email distribution to stakeholders. The public notice
provided the hearing schedule and identified specific issues for which
ECMC sought public input. ECMC received public input during the
hearings on the State's intent to request UIC Class VI primacy from the
EPA and whether ECMC has the resources to manage a UIC Class VI program
in a safe and effective manner as required by SDWA section 1422 and the
UIC regulations. During the 30-day comment period, ECMC received one
oral comment. The commenter expressed general concerns regarding carbon
capture and storage, referencing the Archer-Daniels-Midland (ADM)
project, an existing Class VI project outside Colorado, and legislation
regarding the 45Q tax credit. ECMC summarized and addressed the input
in the responsiveness summary; the comment did not necessitate any
changes to the State's proposed primacy application.
Documentation of Colorado's public participation activities,
including comments received by the public and ECMC's responses, can be
found in the EPA's Docket ID No. EPA-HQ-OW-2025-2829.
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 and will implement, after reasonable
notice and public hearings, a UIC program that meets the requirements
of 40 CFR parts 144, 145, and 146. The EPA conducted a comprehensive
technical and legal evaluation of Colorado's primacy application to
determine whether the State's proposed UIC Class VI program--including
statutes and regulations, program description, Attorney General
statement, and MOA--meets the requirements of SDWA section 1422 and EPA
regulations. Upon review, the EPA determined that Colorado's primacy
application demonstrates that the State has adopted and will implement
a UIC Class VI program that meets the requirements of 40 CFR parts 144,
145, and 146.
The EPA evaluated Colorado's UIC Class VI program description for
consistency with 40 CFR 145.23, which specifies all 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 Colorado'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 Colorado's Class VI related Attorney General's
statement for consistency with 40 CFR 145.24. In an Attorney General's
statement, the 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 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 addendum
specifies that the ECMC and the EPA agree to maintain a high level of
cooperation and coordination to assure successful and effective
administration of the UIC Class VI program.
Colorado has demonstrated that it meets all UIC permit requirements
found in 40 CFR 145.11 for Class VI permits. Colorado'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, Colorado has the necessary civil, administrative, and
criminal enforcement authorities pursuant to 40
[[Page 13270]]
CFR 145.13. Colorado'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 Colorado's UIC program primacy application. The EPA has
determined that the application meets all applicable requirements for
Class VI primacy approval under SDWA section 1422 and the State has
demonstrated that it is prepared to 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 Colorado's UIC program
primacy application for Class VI injection wells in the State, except
for those located on Indian lands for which the EPA retains primacy. If
finalized, this action would amend 40 CFR 147.301 and incorporate by
reference Colorado's EPA-approved statutes and implementing regulations
that contains 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 and 40 CFR 147.1(e).
The EPA compiled the applicable Colorado statutes and regulations
proposed to be incorporated by reference into 40 CFR 147.301 in a
document titled ``Colorado SDWA Sec. 1422 Underground Injection
Control Program Class VI Statutes and Regulations,'' dated December 4,
2025. This compilation is publicly available at https://www.regulations.gov in the EPA's Docket No. EPA-HQ-OW-2025-2829 for
this proposed rulemaking. The EPA also proposes to codify a table in 40
CFR 147.301 listing the EPA-approved Colorado Statutes and Regulations
for Class VI wells that the EPA would incorporate by reference.
B. EPA Oversight
Upon approval, the EPA would oversee Colorado'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 8 and
ECMC specifies that the EPA will oversee the State's administration of
the UIC Class VI program on a continuing basis to assure 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 Orders Reviews
Additional information about these statutes and Executive orders
can be found at: https://www.epa.gov/laws-regulations/laws-and-executive-orders.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 14094: Modernizing 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. Reporting or recordkeeping requirements will
be based on Colorado's UIC Class VI Regulations, and the State of
Colorado is not subject to the PRA.
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 burdens on small entities as 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 Colorado'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 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 approves 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 Colorado's Underground Injection Control Program Class VI
Primacy Application'', signed by the Attorney General of Colorado on
May 27, 2025.
Class VI Underground Injection Control Program Description
``Colorado Class VI Underground Injection Control 1422 Program
Description'', Colorado Energy and Carbon Management Commission,
October 7, 2025.
Letter from the Governor of Colorado to the Regional Administrator,
EPA Region 8, signed on April 2, 2025.
[[Page 13271]]
The Memorandum of Agreement Between the Colorado Energy and Carbon
Management Commission and The United States Environmental Protection
Agency Region 8 for the UIC Class VI Program signed by the EPA
Regional Administrator on October 8, 2025.
State of Colorado Energy and Carbon Management Commission of
Colorado Department of Natural Resources UIC Class VI Primacy
Application, ``Relevant State Statutes and Regulations'', October 7,
2025.
State of Colorado Energy and Carbon Management Commission of the
Colorado Department of Natural Resources UIC Class VI Primacy
Application, ``Public Participation Documentation'', October 7,
2025.
U.S. Environmental Protection Agency. Proposed ``Colorado SDWA Sec.
1422 Underground Injection Control Program Statutes and Regulations
for Well Class VI to be Incorporated by Reference.'' December 4,
2025. 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.
0
2. Redesignate Sec. 147.301 through Sec. 147.305 to Sec. 147.302
through Sec. 147.306
0
3. Add Sec. 147.301 to read as follows:
Sec. 147.301 State-administered program--Class VI Wells
The UIC program for Class VI wells in the State of Colorado, except
for those wells on Indian lands, is the program administered by the
Colorado Energy and Carbon Management Commission approved by EPA
pursuant to section 1422 of the Safe Drinking Water Act (SDWA). The UIC
Program for Class VI wells in the State of Colorado, except those
located on Indian lands, is the program administered by the Colorado
Energy and Carbon Management Commission, approved by the EPA pursuant
to section 1422 of the SDWA. The effective date of this program is
[DATE 30 DAYS AFTER DATE OF PUBLICATION OF THE FINAL RULE IN FEDERAL
REGISTER]. The UIC program for Class VI wells in the State of Colorado,
except those located on Indian lands, 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 statutes and regulations cited in this paragraph are hereby
incorporated by reference and made part of the applicable UIC program
under SDWA for the State of Colorado. 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. Copies may be obtained at the State
of Colorado Energy and Carbon Management Commission, 1120 Lincoln
Street. Suite 801, Denver, Colorado 80203. Copies of the State of
Colorado's provisions that are incorporated by reference may be
inspected at the U.S. Environmental Protection Agency, Water Docket,
EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution
Ave. NW, Washington, DC 20004, or Region 8, U.S. Environmental
Protection Agency, 1595 Wynkoop Street, Denver, Colorado 80202-1129. If
you wish to obtain this material from the EPA Docket Center, call (202)
566-2426. Copies of this material also may be inspected at the National
Archives and Records Administration (NARA). For information on the
availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected].
* * * * *
(1) Colorado SDWA Sec. 1422 Underground Injection Control Program
Statutes and Regulations for Well Class VI to be Incorporated by
Reference.
Table 1 to Paragraph (a)
----------------------------------------------------------------------------------------------------------------
State citation Title/subject State finalization date EPA approval date
----------------------------------------------------------------------------------------------------------------
C.R.S. 24-4-101 through 24-4-109..... Colorado Administrative December 16, 2024...... [DATE OF PUBLICATION OF
Procedure Act. THE FINAL RULE IN
FEDERAL REGISTER].
C.R.S. 34-60-101 through 34-60-143... Oil and Gas December 16, 2024...... [DATE OF PUBLICATION OF
Conservation Act. THE FINAL RULE IN
FEDERAL REGISTER].
2 CCR 404-1, series 100, 200, 500, Department of Natural December 16, 2024...... [DATE OF PUBLICATION OF
600, 900, 1400. Resources Energy and THE FINAL RULE IN
Carbon Management FEDERAL REGISTER].
Commission Rules of
Practice and Procedure.
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(b) Memorandum of Agreement. The Memorandum of Agreement Between
Colorado Energy and Carbon Management Commission and The United States
Environmental Protection Agency Region VIII for the UIC Class VI
Program, signed by the EPA Regional Administrator October 8, 2025.
(c) Governor's Letter. Letter from the Governor of Colorado to the
Regional Administrator, EPA Region VIII, signed on April 2, 2025.
(d) Statement of Legal Authority. Attorney General's Statement to
Accompany Colorado's Underground Injection Control Program Class VI
Primacy Application'', signed by the Attorney General of Colorado on
May 27, 2025.
(e) Program Description. The Program Description, ``Colorado Class
VI Underground Injection Control Program (1422) Description''.
[FR Doc. 2026-05453 Filed 3-18-26; 8:45 am]
BILLING CODE 6560-50-P