Last updated on Wednesday, August 01, 2012

http://water.epa.gov/type/groundwater/uic/Primacy.cfm

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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, V, and VI state programs must be as stringent as the federal program and show that their regulations 

contain effective minimum requirements (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 approval under §1425 are in Guidance for State Submissions Under Section 1425 

of SDWA (PDF) (23 pp, 50K, about PDF).

• To gain authority over Class VI wells only, states may apply for Class VI primacy under section 1422 of the SDWA for managing UIC GS projects under the Class VI 

Program. 

Who currently has primacy?

EPA has approved primacy programs for all well classes in 33 states and 3 territories; it shares responsibility with 7 states (i.e., EPA has authority over some classes and the 

state has authority for others); and EPA directly implements the Class VI Program nationally.

Currently, two tribes have Class II primacy.

• 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; and for Class VI wells in all states, tribes, and territories.

• Visit the Where You Live page to find the UIC contact information in your state.

• View the States and Territories Responsibility for the UIC Program (PDF) (2 pp, 68K, 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. 

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http://water.epa.gov/type/groundwater/uic/Primacy.cfm 10/24/2013