1. (1) Public Notice:

   1. (a) The division shall give public notice that the following actions have occurred:

      1. (i) A draft permit has been prepared
      2. (ii) A public hearing has been scheduled.
   2. (b) No public notice is required when a request for permit modification, revocation and reissuance, or termination is denied. Written notice of that denial shall be given to the requester and to the operator.
   3. (c) Public notices may describe more than one permit or permit action.

2. (2) Timing:

   1. (a) Public notice of the preparation of a draft permit required under Subsection (1) shall allow 30 days for public comment.
   2. (b) Public notice of a public hearing shall be given 30 days before the hearing. Public notice of the hearing may be given at the same time as public notice of the draft permit and the two notices may be combined.
   3. (c) An applicant shall comply with the notice requirements under Subsection 40-11-7(4) for the public hearing.

3. (3) Methods. Public notice of activities described in Subsection (1) shall be given by the following methods:

   1. (a) By emailing or by mailing a copy of a notice to the following persons:

      1. (i) The applicant;
      2. (ii) Any other agency that the division knows has issued or is required to issue a RCRA, UIC, PSD, or other permit under the Clean Air Act, NPDES, 404, or sludge management permit for the same CO2 Sequestration facility or activity, including EPA;
      3. (iii) Federal and state agencies with jurisdiction over the Advisory Council on Historic Preservation, the Utah State Historic Preservation Office, the Utah Department of Environmental Quality, the Department of Natural Resources, and other appropriate government authorities, including any unit of local government having jurisdiction over the area where the CO2 Sequestration facility is proposed to be located, any affected states or Indian Tribes; and

      4. (iv) Persons on a Class VI well mailing list developed by:

         1. (A) Including those who request in writing to be on the list;
         2. (B) Soliciting persons for "area lists" means from participants in past permit proceedings in that area; and
         3. (C) Notifying the public of the opportunity to be put on the mailing list through periodic publication in the public press and in such publications as regional and state funded newsletters, environmental bulletins, or state law journals. The division may update the mailing list from time to time by requesting written indication of continued interest from those listed. The division may delete from the list the name of any person who fails to respond to such a request.
      5. (v) Any person otherwise entitled to receive notice under this section may waive their right to receive notice
   2. (b) Publication of a notice in a daily or weekly newspaper within the area affected by the facility or activity;
   3. (c) In a manner constituting legal notice to the public under state law; and
   4. (d) Any other method reasonably calculated to give actual notice of the action in question to the persons potentially affected by it, including press releases or any other form or medium to elicit public participation.

4. (4) Contents:

   1. (a) All Public Notices. Public notices issued under this section shall contain the following information:

      1. (i) Name and address of the division;
      2. (ii) Name and address of the owner or operator and, if different, of the CO2 Sequestration facility or activity regulated by the permit;
      3. (iii) A brief description of the business conducted at the CO2 Sequestration facility or activity described in the permit application or the draft permit;
      4. (iv) Name, address, and telephone number of a person from whom interested persons may obtain copies of the draft permit, the statement of basis, the application, and further information concerning the application;
      5. (v) A brief description of the comment procedures required under Section R644-6-4 and the time and place of any hearing that will be held, and other procedures by which the public may participate in the final permit decision; and
      6. (vi) Any additional information considered necessary or proper.

   2. (b) Public Notices for Hearings. In addition to the general public notice described in Subsection (4)(a), the public notice of a hearing under Section R644-6-5 shall contain the following information:

      1. (i) Reference to the date of previous public notices relating to the permit;
      2. (ii) Date, time, and place of the hearing; and
      3. (iii) A brief description of the nature and purpose of the hearing, including the applicable rules and procedures.

KEY: oil and gas law

Date of Last Change: July 31, 2025

Authorizing, and Implemented or Interpreted Law: 40-11-3