H.R. 4880

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4880 Introduced in House (IH)]

<DOC>

119th CONGRESS
1st Session
H. R. 4880

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 HOUSE OF REPRESENTATIVES

August 5, 2025

Mr. Crenshaw (for himself, Mr. Pfluger, and Mr. Weber of Texas) 
introduced the following bill; which was referred to the Committee on 
Energy and Commerce

_______________________________________________________________________

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.
<all>