Primacy Certainty Act of 2023
This bill modifies provisions of the underground injection control program established under the Safe Drinking Water Act related to the review of state applications to obtain responsibility for regulating Class VI wells, which are used to store captured carbon. The bill sets forth a process to give states primary enforcement responsibility for such wells if the Environmental Protection Agency (EPA) fails to meet specified deadlines.
In addition, the bill prohibits the EPA from conditioning the approval of state applications on the inclusion of provisions that are not included in the applications or not explicitly required by the Safe Drinking Water Act.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3568 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 3568
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
May 22, 2023
Mr. Crenshaw (for himself, Mr. Pfluger, Mr. Weber of Texas, Mrs. Lesko,
and Mr. Curtis) 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 2023''.
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) In general.--Within 90 days''; and
(B) by adding at the end the following:
``(B) Notice related to state primary enforcement
responsibility for class vi wells.--
``(i) Definition of class vi well.--In this
subparagraph, 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)).
``(ii) 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.
``(iii) 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 (ii), 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 subclause, on request of
the State that submitted the
application or notice, the
application or notice shall be
considered administratively
complete.
``(C) Pending permits and applications for class vi
wells.--With respect to Class VI wells (as defined in
subparagraph (B)(i)) and the efforts of a State to
obtain from the Administrator primary enforcement
responsibility of Class VI wells (as so defined),
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 (as so defined) in the State
prior to that State assuming primary
enforcement responsibility for Class VI wells
(as so defined); 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 (as
so defined) not already in possession of the
State following that State assuming primary
enforcement responsibility for Class VI wells
(as so defined).
``(D) Grounds for denial of class vi well
applications.--A denial or approval in part and
disapproval in part with respect to an application or
notice of a State to operate an underground injection
control program to regulate Class VI wells (as defined
in subparagraph (B)(i)) shall be based solely on a
finding by the Administrator that the State does not
meet the criteria described in paragraph (1)(A).
``(E) No conditions for decisions.--The
Administrator shall not condition the approval of an
application or notice of a State to operate an
underground injection control program to regulate Class
VI wells (as defined in subparagraph (B)(i)) 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:
``(4) Preapplication activities for class vi wells.--With
respect to Class VI wells (as defined in paragraph (2)(B)(i))
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 (5), 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.
``(5) 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)(B)(i)), the Administrator shall designate 1 individual to
be responsible for coordinating for each State--
``(A) in accordance with paragraph (4), 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).
``(6) 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 (5), 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
2023; 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 2023.''.
(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 (6) 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 (6) 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 2023)'' 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 section 1422(b) of the
Safe Drinking Water Act (42 U.S.C. 300h-1(b)) and notices under
paragraph (1)(B) of that section for underground injection
control programs, or portions of underground injection control
programs, 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)(B)(ii) 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>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.
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