State of West Virginia Underground Injection Control Program

United States

The U.S. Environmental Protection Agency is proposing to grant the State of West Virginia’s request for primacy responsibility of Class VI wells under the Underground Injection Control Program. In granting this application, EPA is following through on its statutory obligations under the Safe Drinking Water Act to grant primacy if a state meets the requirements for approval. This action would give the State of West Virginia authority under the Safe Drinking Water Act to regulate the injection of carbon dioxide (CO2) into deep rock formations. Class VI injection wells are an essential part of carbon capture and storage and carbon dioxide removal projects.

UIC Class VI injection wells are used to store underground carbon dioxide. CO2 is injected through specially constructed wells that deposit and store material deep beneath the earth in rock formations. These formations must be tested and evaluated to ensure that geologic formations are suitable for the safe containment of CO2 for long-term storage.

Under the Safe Drinking Water Act, EPA has developed specific criteria to ensure that underground sources of drinking water are protected when carbon dioxide is stored beneath the earth’s surface in deep rock formations. EPA’s proposal ensures that the advancement of carbon capture, utilization, and sequestration technologies are done in a responsible manner that incorporates the input of communities and reflects the best available science.

After conducting a comprehensive technical and legal review, EPA determined that the State of West Virginia’s Class VI UIC program meets all requirements for approval and the state will implement and enforce a Class VI UIC program consistent with the Safe Drinking Water Act.

EPA is requesting comment on this proposal starting upon publication in the Federal Register (docket number EPA-HQ-OW-2024-0357). Comments must be received on or before December 30, 2024. The agency will hold an in-person public hearing on December 30, 2024. To sign up for the hearing and view updates on the time, date, and location please visit: https://www.epa.gov/aboutepa/epa-region-3-mid-atlantic#pn.

For more information, visit: https://www.epa.gov/uic/primary-enforcement-authority-underground-injection-control-program-0.