PATHWAYS TO PRIMACY: THE ROLE OF GEOSCIENCE RESEARCH IN WEST VIRGINIA’S CLASS VI PRIMACY APPLICATION TO REGULATE UNDERGROUND STORAGE OF CO2

The State of West Virginia is in the final review stages of its application to the U.S. Environmental Protection Agency (EPA) to obtain regulatory primacy for Class VI Underground Injection Control wells used for permanent geologic storage of carbon dioxide. If granted, West Virginia will be the fourth state nationwide to obtain primacy, and the first in the eastern U.S. The policy and rulemaking support that forms the framework for the State’s application is a culmination of over two decades of geoscience research, exploration, and public-private collaboration. Key elements include a legislatively mandated carbon sequestration working group with ability to commission studies, a comprehensive statute clarifying pore space ownership and unitization, and interagency agreements to conduct technical review of permit applications. As other Mid-Atlantic states move to establish their own regulatory frameworks and obtain primacy from EPA, the lessons learned from this process can be used to avoid unnecessary delays, identify important stakeholders and community partners, and demonstrate the need for geological research and improved characterization of potential storage targets.