Primacy Certainty Act of 2025
- Bill Number
- H.R. 4880
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-08-05: Referred to the House Committee on Energy and Commerce.
- Last Updated
- 2025-12-05T22:48:53Z
AI-Generated Summary
Purpose The legislation amends the Safe Drinking Water Act to establish clearer timelines and procedures for the Environmental Protection Agency (EPA) Administrator to approve or disapprove State applications for primary enforcement responsibility (primacy) over underground injection control programs for Class VI wells. It aims to provide greater certainty for States seeking to regulate these wells.
Key Provisions
- Timeline Requirements: The EPA must respond to State applications or notices within 90 days. If no decision is made within 180 days, the Administrator must send a written notice detailing the review status, reasons for delay, and specific deficiencies.
- Automatic Approval: If the EPA fails to decide within 30 days after the 180-day period on a complete application, the application is deemed approved, provided the State already has primacy for other well classes and meets basic enforcement criteria.
- Completeness Review: The EPA must determine application completeness within 10 days; failure to do so allows the State to request that the application be treated as complete.
- Pending Matters: The EPA must resolve pending permits and applications expeditiously before a State assumes primacy and transfer relevant materials to the State.
- Limits on Decisions: Denials must be based solely on whether the State meets statutory criteria; approvals cannot require additions not in the original submission or explicitly required by law.
- Coordination and Resources: The EPA must designate a coordinator for pre-application activities, reviews, and staffing. A report on available resources and needed funding must be submitted to congressional committees within 90 days.
- Funding and Applicability: IIJA funds may support the new requirements. The changes apply to all new submissions and to pending applications (with the 180-day clock starting on enactment).
Significant Changes to Existing Law The bill expands the original 90-day response period in Section 1422(b) of the Safe Drinking Water Act by adding detailed notice requirements, an automatic approval mechanism, strict completeness deadlines, and coordination mandates specific to Class VI wells. It introduces explicit limits on the conditions the EPA can impose and requires transfer of pending matters upon State primacy approval.
Potential Impacts
- Government Agencies: Increases workload and potential resource needs for the EPA; requires faster processing and coordination for Class VI well programs.
- Citizens: May accelerate State oversight of carbon dioxide injection wells, potentially affecting local environmental protections and project development timelines.
- International Relations: None identified in the legislation.
Main Stakeholders Affected
- The EPA Administrator and designated staff.
- States applying for or holding primacy over Class VI well programs.
- Operators of Class VI wells seeking permits.
- Congressional committees on environment, energy, and appropriations.
Notable Legal, Constitutional, or Political Implications The automatic approval provision and restrictions on conditional approvals may limit EPA discretion in environmental permitting. The bill preserves the Administrator’s authority to deny applications or revoke primacy but applies new procedural rules to both new and previously submitted applications.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Rep. Pfluger, August [R-TX-11], Rep. Weber, Randy K. Sr. [R-TX-14]
Recent Actions
- 2025-08-05: Referred to the House Committee on Energy and Commerce.
- 2025-08-05: Introduced in House
- 2025-08-05: Introduced in House
Bill Versions
- Primacy Certainty Act of 2025 — issued 2025-08-05 — PDF (12 pages)