West Virginia Code § 22-11B-9

Oil, natural gas and coalbed methane activities at carbon dioxide
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sequestration sites; extraction of sequestered carbon dioxide.
(a) Nothing in this article shall be deemed to affect the otherwise lawful right of a mineral
owner to drill or bore through a carbon dioxide storage facility if done in accordance with
the secretary's underground injection control permit rules or any other applicable legal
requirements which are intended to protect the carbon dioxide storage facileity against the
escape of carbon dioxide.
(b) Nothing in this article is intended to impede or impair the ability of an oil, natural gas, or
coalbed methane operator to inject carbon dioxide through an apuproved enhanced oil,
natural gas, or coalbed methane recovery project and to establish, verify, register, and sell
emission reduction credits associated with the project. t
(c) Subject to compliance with any applicable underground injection control regulations or
permit, the Office of Oil and Gas shall have jurisdiction to review and approve of any
subsequent extraction of sequestered carbon dioxidle from a permitted underground carbon
dioxide storage facility that is intended for comsmercial or industrial purposes.

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