S. 2505

II  119th CONGRESS  1st Session  S. 2505  IN THE SENATE OF THE UNITED STATES   July 29, 2025   Mr. Sullivan  (for himself and  Mr. Ricketts ) introduced the following bill; which
  was read twice and referred to the  Committee
  on Environment and Public Works    A BILL
To amend the Safe Drinking Water Act to clarify the requisite timeline for
  making a decision on the approval or disapproval of a State underground injection
  control program, and for other purposes.
1.
Short title
This Act may be cited as the
  Primacy Certainty Act of
  2025  .
2.
State primary enforcement responsibility for Class VI wells
(a)
Amendments
Section 1422(b) of the Safe Drinking Water Act (42 U.S.C. 300h–1(b)) is
  amended—
(1)
in paragraph (2)—
(A)
by striking  (2) Within ninety days  and inserting the
  following:
(2)
Required timeline
(A)
Definition of Class
  VI well
In this paragraph, the term  Class VI well  has
  the meaning given the term in section 40306(a) of the
  Infrastructure Investment and Jobs Act (42 U.S.C.
  300h–9(a)).
(B)
General deadline for
  response
Within 90 days
 ; and
(B)
by adding at the end the following:
(C)
Notice related to State primary enforcement responsibility
  for class VI wells
(i)
Notice to State
If the Administrator
  does not approve, disapprove, or approve in part and
  disapprove in part the State's underground injection control
  program for Class VI wells by not later than 180 days after
  the date on which the application of the State is submitted
  under paragraph (1)(A) or notice of the State is submitted
  under paragraph (1)(B), the Administrator shall transmit to
  the State, in writing, a detailed explanation that
  describes—
(I)
the status of the
  review of the application or notice, as
  applicable;
(II)
the reason for
  which a decision with respect to that application or
  notice has not yet been made; and
(III)
an itemized list
  of specific deficiencies with the application or notice
  to be addressed to receive approval of that application
  or notice, in accordance with the requirements of this
  title.
(ii)
Automatic approval for Class VI wells
(I)
In
  general
If the Administrator has not approved, disapproved, or
  approved in part and disapproved in part a complete
  application submitted under paragraph (1)(A) or notice
  submitted under paragraph (1)(B) of a State's
  underground injection control program to regulate Class
  VI wells in writing by not later than the date that is
  30 days after the end of the 180-day period described in
  clause (i), that application or notice shall be
  considered approved by the Administrator if the State
  has established and implemented a primary enforcement
  authority program for 1 or more other classes of
  underground injection control wells (including adequate
  recordkeeping and reporting) to prevent underground
  injection that endangers drinking water sources.
(II)
Determination of completeness
(aa)
Deadline
The Administrator shall determine whether an
  application submitted under paragraph (1)(A) or
  notice submitted under paragraph (1)(B) is complete
  for purposes of subclause (I), and provide notice to
  the State of any deficiencies in that application or
  notice, by not later than 10 days after the date on
  which the State submits the application or
  notice.
(bb)
Failure to make determination concerning
  completeness of Class VI primacy application or
  notice
If the
  Administrator has not made a determination under
  item (aa) by the end of the 10-day period described
  in that item, on request of the State that submitted
  the application or notice, the application or notice
  shall be considered administratively
  complete.
(D)
Pending permits and applications for Class VI wells
With respect to Class VI
  wells and the efforts of a State to obtain from the
  Administrator primary enforcement responsibility of Class VI
  wells, following the approval of an application under paragraph
  (1)(A) or notice under paragraph (1)(B) for a State, the
  Administrator shall, as expeditiously as possible—
(i)
render a decision on
  any pending permits or applications for the operation of
  Class VI wells in the State prior to that State assuming
  primary enforcement responsibility for Class VI wells;
  and
(ii)
transfer to that State
  all pending permits, applications, and other information
  relevant to operating an underground injection control
  program to regulate Class VI wells not already in possession
  of the State following that State assuming primary
  enforcement responsibility for Class VI wells.
(E)
Grounds for denial of class VI well applications
A denial or approval in
  part and disapproval in part with respect to an application
  under paragraph (1)(A) or notice under paragraph (1)(B) for a
  State to operate an underground injection control program to
  regulate Class VI wells shall be based solely on a finding by
  the Administrator that the State does not meet the criteria
  described in paragraph (1)(A).
(F)
No conditions for decisions
The Administrator shall
  not condition the approval of an application under paragraph
  (1)(A) or notice under paragraph (1)(B) for a State to operate
  an underground injection control program to regulate Class VI
  wells on the inclusion of—
(i)
provisions not
  otherwise included in the application or notice on the date
  of submission; or
(ii)
any other provision
  not otherwise explicitly required by this title.
 ; and
(2)
by adding at the end the following:
(5)
Preapplication activities for Class VI wells
With respect to Class VI wells (as defined in paragraph (2)(A))
  and the efforts of a State to obtain from the Administrator primary
  enforcement responsibility of Class VI wells (as so defined), the
  Administrator, acting through the individual designated under
  paragraph (6), shall work as expeditiously as possible with States
  to complete any necessary activities prior to the submission of an
  application under paragraph (1)(A) or notice under paragraph (1)(B),
  taking into consideration the need for a thorough and detailed
  application or notice, as applicable.
(6)
Application coordination for Class VI wells
With respect to underground
  injection control programs of States, or portions of underground
  injection control programs of States, that regulate Class VI wells
  (as defined in paragraph (2)(A)), the Administrator shall designate
  1 individual to be responsible for coordinating for each
  State—
(A)
in accordance with
  paragraph (5), the completion of any necessary activities prior
  to the submission of an application submitted under paragraph
  (1)(A) or notice submitted under paragraph (1)(B);
(B)
the review of an
  application submitted under paragraph (1)(A) or notice submitted
  under paragraph (1)(B); and
(C)
the hiring of any
  additional staff necessary to carry out subparagraphs (A) and
  (B).
(7)
Evaluation of resources
Not later than 90 days after
  the date of enactment of this paragraph, the Administrator, in
  consultation with the individual designated under paragraph (6),
  shall submit to the Committees on Environment and Public Works and
  Appropriations of the Senate and the Committees on Energy and
  Commerce and Appropriations of the House of Representatives a report
  that describes—
(A)
the availability of staff
  and resources to promptly carry out the requirements of the
  amendments made by section 2(a) of the  Primacy
  Certainty Act of 2025 ; and
(B)
any funding necessary to
  promptly carry out the requirements of the amendments made by
  section 2(a) of the  Primacy Certainty Act of
  2025 .
 .
(b)
Use of IIJA funds
(1)
Use for report
Amounts made available to carry out section 40306(b) of the Infrastructure
  Investment and Jobs Act (42 U.S.C. 300h–9(b)) may, beginning on the date of
  enactment of this Act, be used to carry out paragraph (7) of section 1422(b)
  of the Safe Drinking Water Act (42 U.S.C. 300h–1(b)).
(2)
Conforming amendment
Section 40306(b) of the Infrastructure Investment and Jobs Act (42 U.S.C.
  300h–9(b)) is amended by inserting  (including carrying out paragraph
  (7) of section 1422(b) of the Safe Drinking Water Act (42 U.S.C.
  300h–1(b)) in accordance with section 2(b)(1) of the
  Primacy Certainty Act of 2025 )
  after  2010)) .
(c)
Rules of construction
(1)
Definitions
In this subsection:
(A)
Administrator
The term  Administrator  means the Administrator of the
  Environmental Protection Agency.
(B)
Class VI well
The term  Class VI well  has the meaning given the term in
  section 40306(a) of the Infrastructure Investment and Jobs Act (42
  U.S.C. 300h–9(a)).
(2)
Ability to deny or withdraw State primary enforcement
  responsibility
Nothing in the amendments made by this section limits the ability of the
  Administrator—
(A)
to deny an application under paragraph (1)(A) of subsection (b) of
  section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h–1) or notice
  under paragraph (1)(B) of that subsection of a State to operate an
  underground injection control program to regulate Class VI wells;
  or
(B)
to revoke primary enforcement responsibility in accordance with that
  Act (42 U.S.C. 300f et seq.).
(3)
Applicability to new submissions
The amendments made by this section shall apply to all applications under
  paragraph (1)(A) of subsection (b) of section 1422 of the Safe Drinking
  Water Act (42 U.S.C. 300h–1) and notices under paragraph (1)(B) of that
  subsection for underground injection control programs of States, or portions
  of underground injection control programs of States, that regulate Class VI
  wells submitted to the Administrator pursuant to that section on and after
  the date of enactment of this Act.
(4)
Applicability to prior submissions
With respect to applications under paragraph (1)(A) of subsection (b) of
  section 1422 of the Safe Drinking Water Act (42 U.S.C. 300h–1) and notices
  under paragraph (1)(B) of that subsection for underground injection control
  programs of States, or portions of underground injection control programs of
  States, that regulate Class VI wells that were submitted to the
  Administrator, but not approved, before the date of enactment of this
  Act—
(A)
the 180-day period described in paragraph (2)(C)(i) of that section
  shall begin on the date of enactment of this Act; and
(B)
the Administrator shall process and make decisions, pursuant to the
  requirements of this Act and the amendments made by this Act, on those
  applications and notices in the order in which the applications and
  notices were submitted.