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Press Release

US EPA grants West Virginia Authority to Oversee Carbon Capture

Published by Todd Bush on February 20, 2025

The U.S. Environmental Protection Agency (EPA) on Tuesday formally granted West Virginia authority to oversee carbon capture projects, making it the fourth state to receive such approval.

The agency signed a final rule granting primary enforcement authority, known as primacy, to West Virginia to permit Class VI wells in an effort to speed up approvals and advance the development of large-scale carbon sequestration projects.

“I’m thrilled that Administrator Zeldin has affirmed his support for West Virginia’s approval to permit Class VI wells for carbon capture, and that we are officially bringing this important authority to those who know our state best,” said Sen. Shelley Moore Capito, R-W.Va., chair of the Senate Environment and Public Works Committee.

west virginia primacy signing
Source: Office of Sen. Shelley Moore Capito

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Lee Zeldin, EPA Administrator, said:“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.”

Carbon capture and storage is an emerging technology designed to pull carbon dioxide emissions from industrial sources before they reach the atmosphere, storing them underground.

Over a dozen states have carbon sequestration projects planned or in development, many awaiting approvals from the EPA, which has been a slow process.

North Dakota, Wyoming, and Louisiana are the three other states that have been granted authority to oversee their own CO2 injection permitting and oversight.

Last week, Texas oil, gas, and industrial groups urged Zeldin to accelerate the state's request for primacy. Texas currently has 43 projects under review—one-third of all U.S. applications.

The Biden administration’s 2022 Inflation Reduction Act (IRA) contains billions of dollars in subsidies, including a $85 per metric ton tax credit for storing CO2 in geological formations.

While President Donald Trump has vowed to repeal the IRA, Biden’s landmark climate legislation, energy experts suggest such subsidies will likely remain intact due to strong support from Republican states and lawmakers.

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