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Michigan receives primacy over Class II injection wells

The Michigan Department of Environment, Great Lakes, and Energy (EGLE) announced today that effective August 29, 2022 the state has assumed primary regulation of Class II Underground Injection Control (UIC) wells. Class II UIC wells are related to oil and natural gas injection activities.

On July 28, 2022 the U.S. Environmental Protection Agency (EPA) issued a final rule approving Michigan’s Class II UIC Program for primacy.  

Since passage of the Safe Drinking Water Act (SDWA), the EPA and the State of Michigan have been dually regulating these wells, requiring a permit and oversight by both the EPA and the EGLE’s, Oil, Gas, and Minerals Division (OGMD). The SDWA allows states to have primacy for Class II UIC administration by demonstrating its program will be equally effective in ensuring that underground injection activities do not endanger the Underground Sources of Drinking Water (USDW).

EGLE's OGMD has more than three decades of experience co-regulating Class II UIC wells in Michigan and looks forward to continuing protection of the USDW as the primary regulatory authority. In pursuing primacy, EGLE’s OGMD worked for several years to prepare the primacy application, including completion of three rule-making efforts to clarify regulation of Class II UIC wells. This pursuit of primacy makes the state program stronger and will provide excellent protection of the state's USDW moving forward.

EGLE appreciates the continued working relationship with the EPA, who will now oversee Michigan’s administration of the State’s UIC Class II Program as authorized under the SDWA.