Officials are celebrating a recent decision by the United States Environmental Protection Agency to grant West Virginia the authority to oversee and administer the Class VI well program in the state, which is more commonly known as Class VI “primacy.”
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 vital component of carbon capture and storage technology.
West Virginia is the fourth state to have been granted primacy.
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.”
Sen. Shelley Moore Capito, chair of the U.S. Senate Committee on Environment and Public Works, was instrumental in helping the state secure Class VI well primacy, Burd said.
“Thanks to advocates like Chair Shelley Moore Capito, West Virginia is better equipped to deliver reliable and affordable energy while decarbonizing vital industries that fuel our state and nation.”
Capito, who has advocated for West Virginia to be granted Class VI well primacy in recent years, said she was “thrilled” with the EPA’s decision.
“I have frequently said that the states are better suited than Washington to carry out this authority and get these projects up and running,” Capito said. “Carbon capture, utilization and storage is essential to protecting our ability to provide reliable, baseload power in West Virginia through coal and natural gas, while reducing our power and manufacturing sector emissions.”
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.
“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 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.