Public Notice: Proposed Rule: West Virginia Underground Injection Control Program Class VI Primacy

Proposed Rule: West Virginia Underground Injection Control Program Class VI Primacy
How to Comment
Comments Due

Comments must be received on or before December 30, 2024.

Submit your comments, identified by Docket ID No. EPA-HQ-OW-2024-0357, by any of the following methods:

  • Federal eRulemaking Portal (our preferred method): https://www.regulations.gov. Follow the online instructions for submitting comments.
  •  Mail: U.S. Environmental Protection Agency, EPA Docket Center, Water Docket, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460.
  • Hand Delivery or Courier: EPA Docket Center, WJC West Building, Room 3334, 1301 Constitution Avenue, NW, Washington, DC 20004. The Docket Center’s hours of operations are 8:30 a.m. to 4:30 p.m., Monday – Friday (except Federal Holidays).

Once submitted, comments cannot be edited or removed from the docket.  EPA may publish any comment received to its public docket.

Do not submit to EPA’s docket at https://www.regulations.gov any information you consider to be Confidential Business Information (CBI), Proprietary Business Information (PBI), or other information whose disclosure is restricted by statute. If you need to submit CBI, contact Himanshu Vyas at [email protected]. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. Written comments are considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). Please visit https://www.epa.gov/dockets/commenting-epa-dockets for additional submission methods; the full EPA public comment policy; information about CBI, PBI, or multimedia submissions; and general guidance on making effective comments.

Publish Date

Summary

The U.S. Environmental Protection Agency (EPA or the Agency) has received a complete Underground Injection Control (UIC) program revision package from the State of West Virginia (State), requesting approval of a revision to the State’s Safe Drinking Water Act (SDWA) section 1422 UIC program to include Class VI injection well primary enforcement responsibility (primacy). The proposed revision would allow the West Virginia Department of Environmental Protection (WVDEP) to issue UIC permits for geologic carbon sequestration facilities as Class VI wells and ensure compliance of Class VI wells under the UIC program. The EPA proposes to issue a final rule approving West Virginia’s application to implement the UIC program for Class VI injection wells located within the State, except those on Indian lands. The EPA proposes amendments to 40 CFR part 147 to reflect this proposed approval of West Virginia’s Class VI primacy application.

Review a copy of West Virginia Class VI UIC Program Revision application and supplemental docket materials. Docket ID No. EPA-HQ-OW-2024-0357 

Public Hearing

The U.S. Environmental Protection Agency (EPA) will hold a public hearing on Monday, December 30, 2024, 9:30 am – 11:30 am, 12 pm – 2:00 pm, 2:30 pm – 4:00 pm, and 5:00 pm – 7:00 pm at the Charleston Marriott Town Center, 200 Lee Street E, Charleston, WV 25301. The public can participate in the public hearing in person or virtually.

The last day to register to speak at the hearing will be Monday, December 23, 2024. To register to speak at the hearing, please contact Mr. Himanshu Vyas at [email protected] (Email subject line: West Virginia Class VI Primacy Application – Docket ID No. EPA-HQ-OW-2024-0357) and indicate whether you will be attending in-person or virtually. When registering, commenters should indicate whether they will need the services of an interpreter or any special accommodation. EPA may not be able to arrange accommodations without advance notice. EPA recommends submitting the text of your oral comments as written comments to the rulemaking docket identified by Docket ID No. EPA-HQ-OW-2024-0357 at https://www.regulations.gov. Registrants may submit written testimony in addition to their oral testimony. Oral and written comments are given the same weight.

EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral comments and supporting information presented at the public hearing.

On Friday, December 27, 2024, the EPA will post a general agenda for the hearing that will list pre-registered speakers in approximate order at: https://www.epa.gov/aboutepa/epa-region-3-mid-atlantic#pn. The virtual public hearing can be accessed at https://www.zoomgov.com/j/1600637199. EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearings to run either ahead of schedule or behind schedule. Additionally, requests to speak will be accepted the day of the hearing at the hearing registration desk. EPA will make every effort to accommodate all speakers who arrive and register, although it may not be possible to fulfill preferences on speaking times.

While EPA expects the hearing to go forward as set forth above, please monitor our website or contact Mr. Himanshu Vyas at (215) 814-2112 or [email protected] to determine if there are any updates. EPA does not intend to publish a document in the Federal Register announcing updates.

Applicants or Respondents

West Virginia

Docket Numbers

  • Docket ID No. EPA-HQ-OW-2024-0357
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Last updated on November 27, 2024