West Virginia Code 22-11B-12 – Certificate of project completion, release, transfer of title and custody, filing
(a) After carbon dioxide injections into a reservoir end and upon application by the storage operator demonstrating compliance with this article, the secretary may issue a Certificate of Underground Carbon Dioxide Storage Project Completion (“completion certificate”).
Terms Used In West Virginia Code 22-11B-12
- Carbon dioxide: means carbon dioxide produced by anthropogenic sources which is of such purity and quality that it will not compromise the safety of geologic storage and will not compromise those properties of a storage reservoir which allow the reservoir to effectively enclose and contain a stored gas. See West Virginia Code 22-11B-2
- carbon dioxide storage: means the injection of carbon dioxide and associated constituents into subsurface geologic reservoirs intended to provide for the long-term containment of a gaseous, liquid, or supercritical carbon dioxide stream in subsurface geologic formations and thereby prevent its release into the atmosphere. See West Virginia Code 22-11B-2
- Completion certificate: means a Certificate of Underground Carbon Dioxide Storage Project Completion. See West Virginia Code 22-11B-2
- Permit: means a Class VI underground injection control permit issued by the secretary or by the US EPA, authorizing a person or business entity to drill an injection well and to construct and operate a carbon dioxide sequestration facility. See West Virginia Code 22-11B-2
- Pore space: means a cavity or void, whether naturally or artificially created, in a subsurface stratum and is also known as container space or storage rights. See West Virginia Code 22-11B-2
- Reservoir: means a subsurface stratum, formation, aquifer, cavity, or void, whether naturally or artificially created, including oil and gas reservoirs, saline formations, and coal seams suitable for, or capable of being made suitable for, injecting and storing carbon dioxide. See West Virginia Code 22-11B-2
- Secretary: means the Secretary of the Department of Environmental Protection. See West Virginia Code 22-11B-2
- State: when applied to a part of the United States and not restricted by the context, includes the District of Columbia and the several territories, and the words "United States" also include the said district and territories. See West Virginia Code 2-2-10
- Storage operator: means a person applying for or holding a permit until the issuance of a completion certificate for the relevant storage facility. See West Virginia Code 22-11B-2
- Storage reservoir: means a reservoir proposed, authorized, or used for storing carbon dioxide. See West Virginia Code 22-11B-2
(b) The completion certificate may only be issued after public notice and hearing. The secretary shall establish notice requirements for this hearing by legislative rule.
(c) The completion certificate may not be issued until at least 10 years after carbon dioxide injections end.
(d) The completion certificate may only be issued if the storage operator:
(1) Is in full compliance with all laws and other requirements governing the storage facility, including, without limitation, the terms of any underground injection control permit associated with the facility and other applicable requirements;
(2) Demonstrates that it has addressed all pending claims regarding the storage facility’s operation; and
(3) Demonstrates that the storage reservoir is reasonably expected to retain the carbon dioxide stored in it.
(e) As of the effective date of a completion certificate:
(1) Ownership of the stored carbon dioxide transfers, without payment of any compensation, to the owners of the pore space as established in § 22-11B-18 of this code;
(2) Ownership acquired by the pore space owners under subdivision (e)(1) of this section includes all rights and interests in the stored carbon dioxide and any associated leasing rights; Provided, That all liability and regulatory requirements associated with the stored carbon dioxide shall become the responsibility of the state and the state shall defend, indemnify, and hold harmless the pore space and surface owners against all claims using only funds from the Carbon Dioxide Storage Facility Trust Fund;
(3) The storage operator and all persons who transported and/or generated any stored carbon dioxide are released from all liability and regulatory requirements associated with the storage facility;
(4) Any bonds posted by the storage operator shall be released; and
(5) Notwithstanding ownership of the stored carbon dioxide in the pore space owners as provided herein, monitoring, and managing the storage facility shall become the state’s responsibility to be overseen by the secretary utilizing only money from the Carbon Dioxide Storage Facility Trust Fund until such time as the federal government assumes responsibility for the long-term monitoring and management of storage facilities.
(f) The secretary shall require that a copy of the completion certificate and a survey of the storage field be filed with the county recorder in the county or counties where the carbon dioxide storage facility is located.