Richard Powell, a Division of Oil, Gas and Mining official, told the Collaborative that Utah is close to completing a primacy application to regulate Class 6 underground injection wells used for long-term carbon sequestration. "What we're seeking right now is primacy for class 6 wells," Powell said, noting that the Legislature directed the division to pursue primacy in Utah Code following 2022 legislation.

Powell described the state rule and application timeline: he said the division drafted a 43-page rule (R6-44 per transcript), engaged in two rounds of EPA Region 8 review, completed stakeholder comment rounds and that the rule had been adopted by the state (transcript notes adoption July 30, 2025). The primacy application package includes a program description, a federal-state crosswalk showing rule stringency, memoranda of agreement with DEQ and EPA, and other materials. Powell said a remaining hurdle is final MOA language with EPA and that the governor and attorney general must transmit formal letters certifying state capability and enforcement authority.

Program features and incentives: Powell said Utah's Class 6 program will be fee-based and is designed to be at least as stringent as federal requirements. He outlined national context: four states (North Dakota, Wyoming, Louisiana, West Virginia) currently have Class 6 primacy and there are about 32 issued Class 6 permits nationwide (many issued by EPA in states not seeking primacy). Powell also discussed the role of the federal 45Q tax credit for CO2 storage, described parity changes under recent federal policy that equalize some tax credit amounts for associated storage and dedicated storage, and said that tax incentives are a primary motivator for potential projects.

Ending: Powell said the divisions technical staff and legal team have worked iteratively with EPA and state partners and that, once the application and required state signoffs are complete, Utah will submit the primacy package and begin to issue facility permits and implement post-closure monitoring and fee schedules under the state program.