West Virginia Gains Authority for Class VI Wells for CCS

West Virginia has become the fourth state to gain regulatory authority for Class VI wells, which are drilled to inject CO₂ in deep rock formations underground for storage.

The action taken by the Environmental Protection Agency (EPA) allows the West Virginia Department of Environmental Protection to issue underground injection control (UIC) permits for geologic carbon sequestration facilities as Class VI wells and ensure compliance of such wells under the UIC program within the state. The federal government said it will, however, remain the permitting authority for all well classes on Indian Country within West Virginia.

EPA Administrator Lee Zeldin signed the final rule during a signing ceremony, the EPA said Feb. 18, marking final approval of the state’s application. Zeldin also directed the Office of Water to fast-track the EPA’s review and approval of state primacy under the Safe Drinking Water Act.

“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,” Zeldin said. “Under President Trump’s leadership, we will continue to advance conservation and foster economic growth for families across the country.”

The moves came as companies seek to advance carbon capture and storage (CCS) projects in an effort to help lower greenhouse gas emissions. A suite of CCS technologies is used to capture CO₂ emitted during industrial processes such as cement production or combustion of fossil fuels in power generation. The CO₂ is compressed and transported for injection and storage underground.

The process to obtain a federal permit—required to ensure safeguards are in place to protect underground drinking water sources—has been slow due to the amount of time and staffing the process requires. States have sought primary enforcement responsibility to help speed the regulatory approval process for CCS projects.

“This is a great day for West Virginia and it’s a great day for America because we’re delegating responsibility back to the states where it belongs and where it can be responsibly executed,” said Secretary Doug Burgum. “In the Trump Administration, we are going to focus on innovation, not regulation to solve problems. That is the key to the prosperity of our country.”

Earlier in February, Zeldin announced the EPA’s Powering the Great American Comeback initiative, which includes permitting reform as one of its five pillars.

Only three other states have secured authorization to manage the UIC program: North Dakota, Wyoming and Louisiana. Several others, including Arkansas and Arizona, are pursuing Class VI primacy. Texas is also among the states seeking primacy, but its application remains in the pre-application stage.

“Under this [pre-application] phase, the agency supports states by identifying available resources and the critical elements of a primacy application or program revision; meeting on the process and addressing questions; reviewing the applicant’s draft UIC statutes and regulations, and other components of the application package, and sharing EPA resources designed to assist states with their primacy applications such as the comparison crosswalk template, a tool to help states develop their regulations,” the EPA told Hart Energy in a statement.

Texas’ application was submitted in December 2022 and the state presented its final rules to the EPA for review in August 2023, according to the Texas Railroad Commission.

Just last week, a group of Texas business associations called on the EPA to accelerate final decisions on Class VI well permits for 56 pending applications in Texas and to expedite and approve the state’s primacy application.

“No state is better situated than Texas to lead in CCS given our expansive industrial centers where we can capture CO₂ emissions before they enter the atmosphere, our robust pipeline infrastructure to transport captured CO₂ and our ideal geology of underground rock formations where CO₂ emissions can be safely and permanently stored in facilities specifically optimized for that purpose,” Texas Oil and Gas Association President Todd Staples told Hart Energy in a statement. “Time is of the essence because CCS projects will create thousands of new jobs every year, while helping our robust manufacturing sector in Texas reduce its CO₂ emissions.”

More than 160 applications for Class VI wells across the U.S. are under review by the EPA.