SUNYA Energy

Administrator Zeldin Approves West Virginia’s Class VI Primacy Application

February 18, 2025
SUNYA Summary
- EPA Administrator Lee Zeldin approved West Virginia's request to regulate the injection of carbon dioxide into deep rock formations. - This approval grants West Virginia primary authority under the Safe Drinking Water Act to protect underground sources of drinking water. - The decision emphasizes cooperative federalism and aims to bolster energy independence. - This is the fourth state to receive Class VI well primacy since 2018 and the third under President Trump's administration. - Zeldin expressed pride in empowering West Virginia to self-regulate while safeguarding the environment. - He directed the Office of Water to expedite the review of state primacy applications. - Secretary of the Interior Doug Burgum stated this action delegates responsibility back to the states for better management. - West Virginia Governor Patrick Morrisey highlighted the potential for new investments and job creation in the state's energy sector. - Senator Shelley Moore Capito affirmed West Virginia's leadership role in carbon capture, contributing to American energy dominance. - Congressman Riley Moore stated that the decision allows West Virginia to manage its resources effectively. - West Virginia Department of Environment Protection Secretary Harold Ward described the approval as a historic milestone for the state. - The Class VI program is essential for protecting underground water supplies while ensuring safe underground carbon storage. - The final rule will be published in the Federal Register and will be effective 30 days after publication.
PRESS RELEASE
Administrator Zeldin Approves West Virginia’s Class VI Primacy Application


This action expands cooperative federalism, gives West Virginia primary authority to protect groundwater, and bolsters energy dominance

February 18, 2025
EPA Press Office (press@epa.gov)

WASHINGTON – Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin signed a final rule approving the State of West Virginia’s request to regulate the injection of carbon dioxide (CO2) into deep rock formations. Administrator Zeldin was joined by U.S. Department of the Interior Secretary Doug Burgum, Senator Shelley Moore Capito (R-WV), and Congressman Riley Moore (R-WV-02) for the signing ceremony. By granting the State primacy for Class VI Wells under the Safe Drinking Water Act, EPA recognizes that West Virginia is best positioned to protect underground sources of drinking water while bolstering energy independence and dominance. This marks the fourth time a state has received primacy for Class VI wells since 2018 and the third approval under President Trump’s leadership.

“To Power the Great American Comeback, we need to produce more energy right here in the United States, and that requires cooperative federalism and permitting reform. 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. Under President Trump’s leadership, we will continue to advance conservation and foster economic growth for families across the country,” said Administrator Zeldin.

Administrator Zeldin also announced that he is directing the Office of Water to fast-track the agency’s review and approval of state primacy under this section of the Safe Drinking Water Act.

“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. 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,” said Secretary Burgum.

“Today’s actions open the door for new investment and job creation in our energy, manufacturing, and petrochemical sectors,” said Governor Patrick Morrisey. “I want to thank President Donald Trump and EPA Administrator Zeldin for granting us the authority to permit and regulate these wells, allowing our state to produce even more energy. West Virginia looks forward to powering the Great American Comeback and making the United States energy-dominant once again.”

“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. West Virginia has proven ourselves as a leader in this field, and with this announcement, has become the fourth state to receive Class VI well primacy. Today’s signing marks an important step in the continuation of West Virginia’s proud tradition of being an energy state and our efforts to contribute to American energy dominance,” said Senate Environment and Public Works Chairman Capito.

“West Virginians elected President Trump by an overwhelming majority to make life better, and this common-sense action by Administrator Zeldin establishes West Virginia to be the keepers of our own resources instead of some bureaucrat in Washington. Cutting red tape advances our state’s economic growth and allows us to operate with regard for the environment – it’s a win for West Virginia because West Virginians know best how to manage our state,” said Senator Jim Justice (R-WV).

Under President Trump, the EPA is executing an agenda that promotes the states’ authority and will benefit American energy production. By reaffirming West Virginia’s ability to implement carbon capture, utilization, and storage technology, our state will be able to unleash more energy to lower costs and reduce emissions. Using this innovative technology to enhance energy production is an important first step in securing American economic and energy success. When we take carbon emissions and turn them into an energy source, the United States will be energy dominant once again. I thank President Trump and Administrator Zeldin for their leadership, and I look forward to seeing West Virginia thrive under their direction,” said Congresswoman Carol Miller (R-WV-01).

“I’ve always supported moving more of these decisions out of Washington and into the hands of the states, and that’s exactly what President Trump and Administrator Zeldin are doing here,” said Congressman Moore. “I will continue to monitor the development of this new industry and prioritize the safety of communities as decisions are made.”

“Today marks a historic milestone for West Virginia, as years of dedicated work have culminated in the Trump Administration’s signing of Class VI primacy. This achievement strengthens our regulatory framework, ensuring the responsible development of our resources while protecting jobs and communities that depend on coal. We are especially grateful for Administrator Zeldin’s swift action in bringing this long-awaited effort to fruition. This is a major win for West Virginia, and we applaud the administration’s commitment to supporting our industry and the hardworking men and women who power our nation,” said West Virginia Department of Environment Protection Secretary Harold Ward.1

On February 4, 2025, EPA Administrator Lee Zeldin announced the agency’s Powering the Great American Comeback Initiative, which prioritizes protecting clean and safe air, land and water for every American, restoring American Energy Dominance, and advancing cooperative federalism. EPA’s Underground Injection Control (UIC) Class VI program plays a key role in our nation’s energy future by protecting underground water supplies and ensuring that underground carbon storage captured from industrial, and energy related sources is safe.

This final rule will be submitted for publication in the Federal Register, and the UIC program for Class VI wells in the State of West Virginia will be effective 30 days after publication. EPA will remain the permitting authority for all well classes in West Virginia’s Indian Country.

Visit EPA’s Underground Injection Control (UIC) website for more information.

1 Added quote from West Virginia Department of Environment Protection Secretary Harold Ward.

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Last updated on February 18, 2025