UIC Program Primacy
State UIC Programs have primary enforcement responsibility (or primacy) once their UIC programs have been approved by EPA. This page provides information about the requirements for obtaining primacy and which states have been granted this authority.
- What is primacy?
- Is there more than one way for a state to apply for primacy?
- Who currently has primacy?
- What if a state, territory, or tribe does not get primacy?
What is primacy?
The UIC Program requirements were developed by EPA and designed to be adopted by states, territories, and tribes. States, territories, and tribes can submit an application to EPA to obtain primary enforcement responsibility, or primacy. Agencies that have been granted this authority oversee the injection activities in their states. The requirements for primacy programs are outlined in the UIC regulations at 40 CFR Part 145.
Is there more than one way for a state to apply for primacy?
Yes. States can apply for primacy in the following ways:
- To gain authority over all classes of wells or Class I, III, IV, and V, states must show that their regulations contain minimum requirements for an effective program (e.g., inspection, monitoring, and recordkeeping requirements that well owners and operators must meet). State regulations must be as stringent as the federal requirements, but may be more stringent. Such states are authorized under section 1422 of the SDWA.
- To gain authority over Class II wells only, states with existing oil and gas programs may make an optional demonstration that their program is effective in protecting USDWs. Such states are authorized under section 1425 of the SDWA. Criteria for delegation under §1425 are in Guidance for State Submissions Under Section 1425 of SDWA (PDF) (23 pp, 50 K, about PDF).
Who currently has primacy?
EPA has delegated primacy for all well classes to 33 states and 3 territories; it shares responsibility with 7 states and 2 Indian tribes ( i.e. EPA has authority over some classes and the state has authority for others).
- Visit the page on UIC Programs on Tribal Lands for more information.
What if a state, territory, or tribe does not get primacy?
If a state does not obtain primacy for all or some of the well classes, EPA implements the program directly through one of its Regional offices. Currently, EPA implements the program for all well classes in 10 states.
- Visit the Where You Live page. page to find the UIC contact information in your state.
- View the States and Territories Responsibility for the UIC Program (PDF) (2 pp, 68 K, about PDF) for the UIC Program in the states and territories.
- EPA shares information and collaborates with primacy programs through its interactions with the Ground Water Protection Council.