[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1718 Introduced in Senate (IS)]

<DOC>






118th CONGRESS
  1st Session
                                S. 1718

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

                              May 18, 2023

Mr. Sullivan (for himself, Ms. Lummis, 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 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.
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