On February 18, 2025, the U.S. Environmental Protection Agency (EPA) announced it would be granting West Virginia state primacy in the permitting and regulation of Class VI wells and projects involving the underground sequestration of carbon dioxide (CO2). The final rule will be submitted to the Federal Register and will be effective 30 days after publication. CO2 sequestration involves use of injection wells to store CO2 deep below ground, under confining layers such as shale that prevent upward migration of what is injected. Regulations deal with issues such as thickness of the confining layers, potential for horizontal migration, appropriate well construction, monitoring requirements and financial security requirements, among other issues. The West Virginia Department of Environmental Protection will have primary regulatory authority in the state. Only three other states have primacy – Louisiana, North Dakota, and Wyoming. Gaining primacy has helped states streamline and accelerate the permitting process and advance the market for carbon capture and storage (CCS). For more information, see the EPA announcement here.