CHARLESTON, W.Va. - Today, U.S. Senator Shelley Moore Capito (R-W.Va.), Ranking Member of the Environment and Public Works (EPW) Committee, and U.S. Senator Joe Manchin (I-W.Va.), Chairman of the Senate Committee on Energy and Natural Resources, and Senator announced that the Environmental Protection Agency (EPA) has proposed granting 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.” These wells are designed to inject carbon dioxide (CO2) into deep rock formations and serve as critical infrastructure for deploying carbon capture and storage (CCS) projects. Once finalized, primacy will allow a CCS project developer in West Virginia to apply directly for permits from the West Virginia Department of Environmental Protection (WVDEP), accelerating the process, which currently requires a permit from EPA, while still upholding strict safety standards.
“After too long of a delay, it is welcome news that EPA has taken this step towards granting West Virginia the authority we need to properly implement carbon capture technology. I have frequently said that the states are better suited than Washington to carry out this authority and get these projects up and running. Carbon capture, use, 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. I look forward to the swift finalization of this authority and its enactment in our state,” Ranking Member Capito said.
“West Virginia has always been at the forefront of deploying cutting-edge energy technologies,” said Chairman Manchin. “CCS will strengthen our energy security, create high-paying jobs, and reduce emissions. Ensuring these wells can be approved quickly and safely by WVDEP experts who know our state best is key to realizing this goal, and I’m glad the state and the EPA have collaborated on this important initiative and look forward to seeing it finalized as quickly as possible.”
In May 2023, Ranking Member Capito introduced legislation to streamline state primacy applications for Class VI wells. In November 2023, Ranking Member Capito urged the EPA to more quickly grant state primacy for Class VI storage wells and disburse funding from the Infrastructure Investment and Jobs Act, which she fought to include for future CCUS projects in the state. Ranking Member Capito’s remarks are available here.
Senator Manchin has long advocated for carbon capture technology, including expanding the 45Q tax credit in the Inflation Reduction Act and increasing research and demonstration programs for carbon capture in both the Bipartisan Infrastructure Law and the Energy Act of 2020. He has also led the initiative to streamline the Class VI well approval process and delegate permitting primacy to states, securing additional funding through the Bipartisan Infrastructure Law to help states pursue primacy and bolstering EPA resources to hire staff for processing well and primacy applications more efficiently.
Senator Capito has continuously advocated for West Virginia to be granted Class VI well primacy.