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The state of West Virginia is close to receiving approval to oversee the development and operation of carbon sequestration wells, which would make it just the fourth state to gain “primacy.”
The regulatory oversight of these Class VI underground injection wells has historically fallen to the federal Environmental Protection Agency (EPA). As the reduction of greenhouse gas emissions, including carbon dioxide, from the atmosphere has come to the forefront, the number of proposed projects that would involve carbon capture and sequestration (CCS) has increased. This technology involves capturing carbon emissions either at their source or directly from the atmosphere, compressing them, and storing them in deep rock formations.
The EPA regulatory process for approval of a Class VI well is years long, and requires detailed geologic, groundwater, seismic, and other studies. A growing number of states are considering seeking primary regulatory authority, or primacy, making the argument that their state geologic and environmental agencies can better conduct this planning and oversight and do it more quickly and efficiently while ensuring safety.
West Virginia has been working since 2021 toward gaining primacy, which requires EPA approval. In May 2024, the state made the final revisions needed to gain this approval and on Nov. 20, 2024, the EPA issued a notice that it intends to approve the application, which would transfer the regulatory oversight to the West Virginia Department of Environmental Protection. However, the state will work closely with the EPA on these approvals.
The EPA will now have a public comment period until Dec. 30 and will hold a public hearing that day in Charleston, W.Va. The EPA notice provides details on the ways to submit comments.
The state’s two senators welcomed the announcement. “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 and storage is essential to protecting our ability to provide reliable, baseload power in West Virginia through coal and natural gas, which reducing our power and manufacturing sector emissions,” Sen. Shelley Moore Capito, ranking member of the Environment and Public Works Committee, said in a press release.
Among the projects in West Virginia that will involve the use of CCS technology is the ARCH2 Clean Hydrogen Hub, one of seven hydrogen hub projects around the country selected in October 2023 to receive a total of $7 billion in federal funding over the coming years to create a national clean hydrogen network. Hydrogen is seen as a clean energy source that can help to reduce carbon dioxide (CO2) emissions from hard-to-decarbonize industrial sectors and long-distance transportation and help the U.S. meet its climate goals.
The ARCH2 hub, which recently received $30 million for the planning the development phase, will make hydrogen using the abundant Appalachian natural gas supply, coupled with CCS to trap emissions.
The only other states that now have primacy in regulating carbon storage are North Dakota, Wyoming, and Louisiana. Pennsylvania is in the very preliminary stages of seeking primacy in carbon storage regulation.