West Virginia positioned to lead in carbon capture and storage

West Virginia has become the fourth state in the nation to be granted Class VI well primacy by the U.S. Environmental Protection Agency, following North Dakota, Wyoming and Louisiana.

State officials and energy industry stakeholders said the newly granted authority — which allows the state to oversee the permitting and regulation of Class VI wells used to inject carbon dioxide underground for long-term storage — positions the state to lead in the emerging field of carbon capture and storage.

The EPA regulates wells used for underground injection of carbon dioxide, known as Class VI wells. The federal Safe Drinking Water Act prohibits underground injection of fluids without a permit, including the underground injection of carbon dioxide for geologic sequestration, according to a report prepared by the Congressional Research Service last April.

Under the Safe Drinking Water Act, the EPA can delegate primary enforcement authority for underground injection control programs to states that meet minimum UIC program requirements.

When a state is granted primacy for a class of UIC wells, it administers the program through enforcement of state laws and regulations instead of EPA regulations. However, the EPA retains oversight authority over all state UIC programs under federal law. The EPA’s UIC regulations set specific requirements for state programs in permitting, compliance evaluation, enforcement and information sharing.

A state must demonstrate that it has the legal authorities and processes in place to administer the Class VI program. A memorandum of agreement between a state with primacy and the EPA, submitted along with other required documents, typically serves as the foundation for the state’s responsibilities and commitments in administering the Class VI program.

U.S. Sen. Shelley Moore Capito, R-W.Va., recently joined Secretary of the Interior Doug Burgum, Rep. Riley Moore, R-W.Va., and EPA Administrator Lee Zeldin for a signing officially marking West Virginia’s primacy approval.

“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.

“While governor, my team and I worked tirelessly with the West Virginia Department of Environmental Protection to prime the pump for this rule to be approved shortly after I left office,” said Sen. Jim Justice, R-W.Va.

“I’m proud of that work and I’m equally as proud to now be working alongside Senator Capito, Congressman Moore, and Congresswoman Miller who cared deeply about pushing this across the finish line. This rule is an absolute win for the state of West Virginia, because we know best how to manage our state’s resources – unlike bureaucrats in Washington.”

The state’s primacy permission is a “critical step in advancing carbon capture and storage technology that will drive decarbonization efforts across hydrogen production, oil and gas development, and industrial manufacturing,” according to the Gas and Oil Association of West Virginia.

“Gaining primacy status is a game-changer for West Virginia, positioning us to lead the next-generation energy opportunity of CCS,” said GO-WV President Charlie Burd. “Transferring permitting authority to the West Virginia DEP cuts federal red tape, empowering local experts to drive growth.”

EPA Administrator Lee Zeldin, a former energy company executive, said allowing states greater control over their own regulations is part of President Donald Trump’s plans to increase energy production.

“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.”

Trump signed a series of executive orders shortly after taking office designed to make “Make America Affordable and Energy Dominant Again.”

“This will restore American prosperity — including for those men and women who have been forgotten by our economy in recent years,” Trump wrote in one of the orders. “It will also rebuild our nation’s economic and military security, which will deliver peace through strength.”

West Virginia Attorney General Patrick Morrisey, who has said his administration will closely align with Trump’s policies, said the changes would “grow West Virginia’s energy economy, produce good-paying jobs, and help the state achieve President Trump’s goal of becoming energy independent and energy dominant.”

“As America’s energy state, our nation’s energy independence begins right here in West Virginia,” Morrisey said. “To lead the way, we will partner with President Trump, unleash our full potential, and ultimately become energy dominant.”

The United States produced more crude oil than any other nation in 2023, marking a record for the sixth consecutive year, according to the U.S. Energy Information Administration.

U.S. crude oil production, including condensate, averaged 12.9 million barrels per day last year, surpassing the previous record of 12.3 million barrels per day set in 2019. The U.S. also set a monthly production record in December 2023, reaching more than 13.3 million barrels per day.

The EIA said the 2023 production record is unlikely to be surpassed by any other country in the near term due to limited production capacity elsewhere.