118 HR 3568 IH: Primacy Certainty Act of 2023
U.S. House of Representatives
2023-05-22
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I
118th CONGRESS
1st Session
H. R. 3568
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.
1.

Short title
This Act may be cited as the “Primacy Certainty Act of 2023”.
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.