The proposal represents a step forward for carbon capture and storage projects in the state and could accelerate the permitting process.
By Nikki Buffa, Jennifer Roy, Joshua Bledsoe, and Samantha Yeager
The US Environmental Protection Agency (EPA) has proposed a significant regulatory change that could expedite the development of carbon capture and storage (CCS) projects in West Virginia. A proposed rule published on November 27, 2024 would grant the West Virginia Department of Environmental Protection (WVDEP) primary enforcement authority, or “primacy,” for permitting Class VI Underground Injection Control (UIC) wells. These wells are used for geologic sequestration of anthropogenic carbon dioxide, which has been identified as a key component in meeting greenhouse gas emissions reductions targets and advancing energy security.
On December 28, 2023, EPA granted primacy to Louisiana. Louisiana is the third state to receive this delegation of regulatory authority from the EPA, following North Dakota in 2018 and Wyoming in 2020. If West Virginia ultimately is granted primacy, it will become the fourth state to have Class VI UIC well permitting authority.
Proposed Rule: Primacy Permitting Authority for West Virginia
West Virginia’s petition for primacy follows the adoption of legislation and development of state regulations that meet or exceed EPA’s Class VI standards. If approved, the WVDEP will assume responsibility for issuing and managing Class VI permits, potentially accelerating the permitting process. This shift is expected to leverage the WVDEP’s local expertise and resources, enabling more efficient project approvals tailored to the state’s unique geological and industrial landscape.
The proposal has garnered strong support from West Virginia’s congressional delegation, including US Senators Joe Manchin and Shelley Moore Capito. Both senators have emphasized the importance of CCS technology for creating high-paying jobs, reducing emissions, and maintaining reliable power generation from coal and natural gas. Their advocacy underscores the potential economic and environmental benefits of granting primacy to West Virginia.
EPA is inviting public comments on the proposed rule until December 30, 2024, and will hold a hybrid in-person/virtual public hearing on the same day. Interested stakeholders can utilize these opportunities to engage with regulators, present any concerns, and/or support the rule.
A Broader Trend: Other States Pursuing Primacy
West Virginia is not alone in seeking primacy for Class VI wells. Arizona submitted a primacy application on February 16, 2024. Several other states are in various stages of pre-application activities, including Alabama, Alaska, Colorado, Mississippi, Oklahoma, Texas, and Utah.
These efforts reflect a growing recognition of the importance of state-level management in advancing and accelerating CCS projects. By obtaining primacy, states can tailor regulatory frameworks to their specific needs, potentially leading to more effective and efficient project permitting, project implementation, and emissions reductions.
Looking Ahead
As the landscape for CCS projects continues to evolve, the proposed rule for West Virginia represents another important step forward in the broader effort to enhance state-federal collaboration in the energy transition.
We will continue to monitor these developments and provide updates as new information becomes available.