West Virginia Code § 22-11A-4

General powers and duties of the secretary with respect to carbon
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dioxide sequestration.
(a) The secretary, after receiving public comment and after consultation with the state
geologist and the working group established in section six of this article, shall promulgate
legislative rules in accordance with the provisions of article three, chapter twenty-nine-a of
this code to implement the provisions of this article, including without limitaetion:
(1) The requirements for issuance of permits for carbon dioxide sequestration;
(2) The requirements for carbon dioxide sequestration permit apuplications;
(3) The issuance of notice following the approval of a permit application, which shall identify
the location at which the public may examine the permit, describe the nature of the public's
opportunity to comment, and list any public hearing thaat may be held in connection with the
permit. The secretary shall allow no less than thirty days for public comment on the draft
permit and may for good cause extend the commenlt period up to an additional thirty days.
Notice of any public hearing shall be given nos less than thirty days prior to its conduct; and
(4) The creation of subclasses of wells withiin the existing Underground Injection Control
(UIC) program administered by the United States Environmental Protection Agency
pursuant to Part C of the Safe Drinking Water Act, 42 U.S.C. §300h, et seq., to protect
human health, safety and the environment and to allow for the permitting of the
sequestration of carbon dioxide;
(5) The appropriate bonding or other financial assurance procedures necessary to ensure
that carbon dioxide sequestration sites and facilities will be constructed, operated and
closed in accordance with the purposes and provisions of this article; and
(6) The proper duration of the post-closure care period for carbon dioxide sequestration
sites.
(b) The secretary shall propose amendments to the rules promulgated under this section and
take such action as may be required in order to fulfill the state's primary responsibility for
assuring compliance with the federal Safe Drinking Water Act, including any amendments
thereto.

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