Clifford Chance

Carbon capture: EPA grants West Virginia Class VI primacy

February 13, 2025

West Virginia has become the fourth U.S. state to receive primacy from the U.S. Environmental Protection Agency for approving permits for Class VI underground injection control carbon capture and sequestration wells.  The EPA granted primacy to West Virginia on January 17, 2025.  Regulatory oversight for the CCS industry in West Virginia will now shift from the EPA to the West Virginia Department of Environmental Protection, which is expected to speed the permitting process for CCS wells located within the state.

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