119-s2505

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2505 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2505

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.

_______________________________________________________________________

 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.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Primacy Certainty Act of 2025''.

SEC. 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.
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