West Virginia has been formally granted authority by the U.S. Environmental Protection Agency to oversee and administer the Class VI well program in the state. This authority is more commonly known as Class VI “primacy.”
U.S. Sen. Shelley Moore Capito, R-W.Va., joined Secretary of the Interior Doug Burgum, Rep. Riley Moore, R-W.Va., and EPA Administrator Lee Zeldin for a signing event Tuesday celebrating the milestone.
“I’m thrilled that Administrator Zeldin has affirmed his support for West Virginia’s approval to permit Class VI wells for carbon capture, and that we are officially bringing this important authority to those who know our state best,” said Capito, chair of the Senate Environment and Public Works Committee.
“West Virginia has proven ourselves as a leader in this field, and with this announcement, has become the fourth state to receive Class VI well primacy. Today’s signing marks an important step in the continuation of West Virginia’s proud tradition of being an energy state and our efforts to contribute to American energy dominance,” she said.
Class VI primacy gives the state authority to oversee the permitting and regulation of Class VI wells, which are used to inject carbon dioxide deep underground for long-term storage — a component of carbon capture and storage technology.
The other states that have been granted Class VI primacy are North Dakota, Wyoming and Louisiana.
“To power the Great American Comeback, we need to produce more energy right here in the United States, and that requires cooperative federalism and permitting reform,” Zeldin said. “As one of my first acts as EPA Administrator, I am proud to sign this rule to allow West Virginia the independence it needs to permit and regulate itself, while also working to safeguard our environment and drinking water. Under President Trump’s leadership, we will continue to advance conservation and foster economic growth for families across the country.”
The EPA announced it had granted the state’s application at the end of January.
The decision is welcome news for the state, said Gas and Oil Association of West Virginia President Charlie Burd.
“Gaining primacy status is a game-changer for West Virginia, positioning us to lead the next-generation energy opportunity of CCS,” he said. “Transferring permitting authority to the West Virginia DEP cuts federal red tape, empowering local experts to drive growth.”
Primacy “opens the door for new investment and job creation in our energy, manufacturing, and petrochemical sectors, while significantly reducing emissions,” said Gov. Patrick Morrisey in a statement.
“I commend our WVDEP staff for their tireless efforts to help secure this approval, as well as the members of the West Virginia Legislature and the Attorney General’s Office for their work in establishing a legal framework and ensuring the state’s authority to enforce Class VI regulations,” he said.
The State Department of Environmental Protection will oversee Class VI well permitting, monitoring and compliance.
“This primacy allows our staff to utilize their comprehensive knowledge of West Virginia’s diverse regions and tailor state and federal regulations to the state’s specific needs, ensuring efficient and effective permitting and oversight, while supporting innovation,” said DEP Secretary Harold Ward.