EPA has granted West Virginia the authority to permit wells used for the geologic storage of carbon dioxide, a move ardently sought by the state’s political leaders.
The authority handed down by EPA on Friday — the last full weekday of the Biden administration — applies to Class VI wells, which are used to inject CO2 underground for permanent storage. The rule is set to become final 30 days after it’s published in the Federal Register.
West Virginia is the fourth state to receive top regulatory authority, or primacy, over Class VI wells. The state follows North Dakota in 2018, Wyoming in 2020 and Louisiana in 2023. States with primacy can issue permits for Class VI wells in lieu of EPA, although the federal agency retains authority over all state programs.
“By implementing its own program, the [West Virginia Department of Environmental Protection] will leverage staff’s comprehensive knowledge of West Virginia’s diverse regions and maintain strong coordination with other state and federal experts,” Terry Fletcher, a Western Virginia DEP spokesperson, said in a statement about Class VI primacy before EPA’s decision.
