Since taking office in January 2025, the Trump Administration has moved to grant multiple states authority to issue Class VI permits for storage and sequestration of carbon dioxide emissions. The US Environmental Protection Agency’s (EPA) proposed approval of Utah’s program, published on October 22, 2026, marks the fifth such action to date. By comparison, the prior administration issued one program approval (Louisiana) and proposed two others (Arizona, West Virginia) during its entire term. In two years, the current administration has proposed and finalized action on more state primacy programs than the prior administration addressed. While this shift may reflect federalism priorities, it also holds the potential to accelerate development of Class VI projects by leveraging state resources to process Class VI applications and reduce EPA’s permitting burden.

The newest notice of proposed rulemaking seeks comment on whether Utah should be granted primary enforcement responsibility (primacy) over Class VI wells used for geologic sequestration of carbon dioxide. Utah’s Division of Oil, Gas and Mining (UDOGM) submitted its application in December 2025. After conducting a comprehensive technical and legal review of the state’s Underground Injection Control (UIC) program to ensure it met all Safe Drinking Water Act and EPA regulatory requirements, EPA proposes to find that Utah’s UIC Class VI program meets all requirements and will be protective of underground sources of drinking water.

Although there are no pending Class VI permit applications for projects in Utah, the state is home to several energy-intensive industries, including mining and other extractive industries (e.g., critical minerals, metal and nonmetal ores and minerals; power production; oil and gas extraction; and related support activities). As these industries seek to ensure that they can store carbon dioxide generated as part of their sustainability programs, granting Utah authority to issue Class VI permits would help position the state to administer those permits and attract related investments.

Other states actively working on Class VI programs for EPA’s approval include Alabama, Indiana, Mississippi, Nebraska, New Mexico, Oklahoma, and Ohio. In contrast, California and Illinois are not currently pursuing primacy even though there are multiple carbon capture and storage (CCS) projects ongoing in those states. If approved, Utah would become the eighth state with Class VI primacy. Earlier this month, the EPA granted primacy for Class VI wells to Colorado. EPA previously granted primacy to North Dakota (2018), Wyoming (2020), Louisiana (2023), West Virginia (2025), Arizona (2025), and Texas (2025).

How can members of the public participate? EPA will hold a virtual public hearing on the proposal on December 1, 2026, from 5:00 to 7:00 p.m. MT. EPA asks people who want to speak at the meeting to register in advance. Interested persons can also submit written public comments on the proposal through December 7, 2026.