View all text of Subpart XX [§ 147.2450 - § 147.2499]
§ 147.2450 - State-administered program—Class VI Wells.
The UIC program for Class VI wells in the State of West Virginia, except those on Indian lands, is the program administered by the West Virginia Department of Environmental Protection, approved by the EPA pursuant to SDWA section 1422. The effective date of this program is March 28, 2025. The UIC program for Class VI wells in the State of West Virginia, except those located on Indian lands, consists of the following elements, as submitted to the EPA in the State's program revision application.
(a) Incorporation by reference. The UIC requirements applicable to owners or operators of Class VI wells set forth in the State statutes and regulations approved by the EPA for including in “EPA-Approved West Virginia SDWA section 1422 Underground Injection Control Program Statutes and Regulations for Well Class VI,” dated January 10, 2025, and listed in table 1 to this paragraph (a), are hereby incorporated by reference and made a part of the applicable UIC program under the SDWA for the State of West Virginia. The Director of the Federal Register approves this incorporation by reference in accordance with 5 U.S.C. 552(a) and 1 CFR part 51. Copies of the State of West Virginia's statutes and regulations that are incorporated by reference may be inspected at the U.S. Environmental Protection Agency, Region 3, Four Penn Center, 1600 JFK Blvd., Philadelphia, PA 19103 and the U.S. Environmental Protection Agency, Water Docket, EPA Docket Center (EPA/DC), EPA WJC West, Room 3334, 1301 Constitution Ave. NW, Washington, DC 20004. If you wish to obtain materials from the EPA Regional Office, please call (215) 814-2816, or from the EPA Headquarters Library, please call the Water Docket at (202) 566-2426. You may also view this material at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, visit www.archives.gov/federal-register/cfr/ibr-locations or email [email protected]. You may also obtain the State of West Virginia's statutes and regulations that are incorporated by reference from: Room MB-27, Building 1, State Capitol Complex, Charleston, West Virginia 25305; phone: (304) 347-4836; website: www.wvlegislature.gov.
Table 1 to Paragraph (
| State citation | Title/subject | State effective date | EPA approval date | West Virginia Code § 22-11 | Water Pollution Control Act | May 13, 2024 | February 26, 2025. | West Virginia Code § 22-11A | Carbon Dioxide Sequestration Pilot Program | May 30, 2022 | February 26, 2025. | West Virginia Code § 22-11B, except exclude § 22-11B-8(a), § 22-11B-9(a), § 22-11B-12(e)(1)-(3), 22-11B-18, and 22-11B-19 | Underground Carbon Dioxide Sequestration and Storage | May 13, 2024 | February 26, 2025. | West Virginia Code of State Rules § 47-13 | Underground Injection Control | April 5, 2024 | February 26, 2025. |
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(b) Memorandum of Agreement (MOA). (1) The Memorandum of Agreement between the State of West Virginia and the EPA, Region III, signed by the EPA Regional Administrator on August 31, 1983; and
(2) Memorandum of Agreement Amended Addendum 1 between the State of West Virginia and the EPA, Region III for the UIC Class VI Program, signed by the EPA Regional Administrator on October 9, 2024.
(c) Letter from Governor. Letter from Governor of West Virginia to Regional Administrator, EPA Region III, April 25, 2024.
(d) West Virginia Memoranda of Agreement. (1) Memorandum of Agreement Between The West Virginia Department of Environmental Protection and The West Virginia Geological and Economic Survey, signed April 29, 2024; and
(2) Memorandum of Agreement Between The West Virginia Department of Environmental Protection and The West Virginia Department of Health, signed April 26, 2024.
(e) Statement of legal authority. Attorney General's Statement, “Attorney General's Statement to Accompany West Virginia's Underground Injection Program Class VI Primacy Application,” signed by the Attorney General of West Virginia on April 29, 2024.
(f) Program Description. The Program Description, “Program Description for the West Virginia Underground Injection Control Program,” December 1983, and any other materials submitted as part of the application or amendment thereto, and the Class VI Underground Injection Control Program Description, “WV Class 6 Program Description”, June 2024, and any other materials submitted as part of the program revision application or as amendment thereto.