2023 West Virginia Code
Chapter 22. Environmental Resources
Article 11A. Carbon Dioxide Sequestration Pilot Program
§22-11A-3. Prohibition of Underground Carbon Dioxide Sequestration Without a 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, Application to Existing Sequestration Sites
(a) The provisions of 22-11-1 et seq. of this code apply to all permits issued pursuant to this article except, where the express provisions of this article conflict with the provisions of 22-11-1 et seq. of this code, the express provisions of this article control.
(b) Except as set forth in subsection (c) of this section, no person shall engage in underground carbon dioxide sequestration in this state unless authorized by a permit issued by the department in accordance with 22-11-1 et seq. or 22-11B-1 et seq. of this code.
(c) The injection of carbon dioxide for purposes of enhancing the recovery of oil or other minerals pursuant to a project approved by the department shall not be subject to the provisions of this article.
(d) The provisions of this article apply to all permits issued and to all applications for permits submitted prior to the effective date of 22-11B-1 et seq. of this code. If the permit holder for an underground carbon dioxide sequestration facility that was granted a permit prior to the effective date of 22-11B-1 et seq. of this code seeks a modification of that permit after that article became effective, then the permit holder shall have the option to proceed either pursuant to the provisions of this article or the provisions of 22-11B-1 et seq. of this code.
(e) Any entity owning or operating an underground carbon dioxide sequestration facility which has commenced construction on or before the effective date of this article is hereby authorized to continue operating until such time as the secretary has established operational and procedural requirements applicable to such existing facilities and the entity owning or operating such facility has had a reasonable opportunity to comply with those requirements.
