West Virginia Code § 22-11B-3

Prohibition of underground carbon dioxide sequestration without a
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permit; injection of carbon dioxide for the purpose of enhancing the recovery of oil
or other minerals not subject to the provisions of this article.
(a) It is unlawful for any person to commence work on, or to operate, a carbon dioxide
sequestration facility or storage site without first securing a Class VI underground injection
control permit from the secretary or from the US EPA. e
(b) The injection of carbon dioxide for purposes of enhancing the recovery of oil or other
minerals pursuant to a project approved by the secretary shall not be subject to the
provisions of this article. u
(c) If an oil, natural gas, or coalbed methane well operator proposes to convert its operations
to carbon dioxide sequestration, then the underground carbon dioxide sequestration facility
shall be regulated pursuant to this article and §22-11-1 et seq. of this code.
(d) All applications for permits submitted after the leffective date of this article shall be
governed by the provisions of this article and sthe provisions of §22-11-1 et seq. of this code.
Permits issued and applications submitted prior to the effective date of this article shall be
governed by the provisions of §22-11-1 et sieq. and §22-11A-1 et seq. of this code. If the
holder of a Class VI underground injgection control permit or other carbon dioxide
sequestration permit, granted prior to the effective date of this article, seeks a modification
of that permit after this article becomes effective, then the permit holder shall have the
option to proceed either according to the provisions of this article or the provisions of
§22-11A-1 et seq. of this code.

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