West Virginia's Primacy Application

West Virginia's Primacy application is in 9 parts and for some of the parts there is more than one file. The first 3 sections of the application are in one file.

In most cases each section has its own table of contents.

Section 1 Governor's Letter of Request

Section 2 Attorney General's Statements
There are several letters and EPA responses which involve items in the program, including the Class 2 program.

Section 3 Memorandum of Agreement between WV and EPA
Starts on page 34 of the pdf document (which has Sections 1-3 of the application). An attachment is EPA's Guidance #18, Definition of a Major Facility. (One of Region 3's copies of the Memorandum of Agreement.)

Section 4 Program Description
This is made up of two files, part 1 and part 2.

Section 5 Application for program authorization for Class 2 wells under section 1425
There is the Application and attachments. The attachments includes a copy of the Memorandum of Understanding between state agencies for Class 2 wells.

Section 6 Applicable WV statutes and regulations
This is made up of three files, part 1, part 2 and part 3.

Section 7 Public Participation

Section 8 Responsiveness Summary
Response to comments and associated document for Memorandum of Understanding between state agencies for Class 2 UIC wells.

At some point in the early 1990s the Office of Oil and Gas attempted to have the oversight of all classes of UIC wells in the state's program. This is a letter from the EPA regarding the transfer. Transfer of some aspects of the program did take place -- the Office of Oil Gas gained the ability to issue permits for Class 2 permits and also gained the oversight over the Class 3 program (permitting, monitoring and compliance enforcement). FOIA requests to the DEP and to the EPA have so far not yielded documents showing the EPA's authorization of this change of the responsibilities as laid out in the Memorandum of Agreement in 1983.

The rationale for the transfer is found here starting on page 41 of the pdf.

An Agreement between the Division of Water Resources and the Office of Oil and Gas made 1 October 1990 about the Office of Oil and Gas' share of EPA UIC grant funds appears to show at which date the Office took over implementing (including writing permits) the Class 2 and Class 3 programs.

EPA Guidance documents which were used to help create the application. Other states' primacy documents.

 

 

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Underground Injection Control Class 2 Wells

Introduction to Class 2 Wells in West Virginia

Collected documents and information for a number of Class 2 disposal wells and secondary recovery area permits

Searchable tables for UIC inspections, UIC permitting and MITs based on a copy of the Office of Oil and Gas' online UIC databases made in 2016.

Select wells which present important issues

A UIC well constructed without any cement behind the steel casing strings to protect groundwater.

A commercial UIC well where activity on the site contaminated groundwater.

A commercial UIC well where activity on the site or because of well failure has contaminated surface water.

A UIC well whose use led to earthquakes in the area.