Primacy Certainty Act

Summary#

This act amends the Safe Drinking Water Act to set clearer deadlines and procedures for the Environmental Protection Agency (Administrator) to review State applications or notices for underground injection control programs that regulate Class VI wells. It refers to the Class VI definition in the Infrastructure Investment and Jobs Act. Key provisions: EPA must decide whether an application or notice is complete within 10 days (or the State’s submission may be treated as administratively complete on request); EPA must provide a written status, reasons for delay, and an itemized list of deficiencies if it has not approved or denied the submission within 180 days; if EPA still has not issued a written decision 30 days after that 180-day period, the application or notice is treated as approved provided the State already runs primary enforcement for one or more other injection well classes and has basic recordkeeping and reporting. The act requires EPA to decide pending permits or transfer pending permit files when a State assumes primacy, forbids conditioning approval on adding new provisions not in the original submission, calls for preapplication assistance, requires EPA to designate one coordinator per State for Class VI reviews, and directs EPA to report to relevant congressional committees within 90 days about staff, resources, and any funding needed. The measure allows certain Infrastructure Investment and Jobs Act funds to be used to prepare the required report. It also states that the Administrator still has authority to deny or revoke State primacy under existing statutory standards. The changes apply to submissions after enactment and restart the 180-day period on the enactment date for prior unapproved submissions.

What it means for you#

• For State agencies: a clearer and faster timeline for EPA review, a short completeness deadline, and a path to automatic approval if EPA misses review deadlines and the State already oversees other well classes.
• For companies or applicants: faster predictable processing if a State gains primacy, and a requirement that pending permits be decided or transferred when a State assumes primacy.
• For the Agency (Administrator): a duty to assign a State coordinator, respond on completeness quickly, provide written status updates after 180 days, and report on staffing and funding needs.
• For the public: no direct cost estimates or outcomes are specified in the text; the changes alter review timelines and coordination steps for Class VI injection oversight.

Expenses#

No publicly available information on estimated overall costs or budgetary impacts is provided in the text. The act allows certain funds originally made available under the Infrastructure Investment and Jobs Act to be used to prepare the required report and asks EPA to report any additional funding needed.

Proponents' View#

No publicly available information.

Opponents' View#

No publicly available information.