Primacy Certainty Act of 2025
- Bill Number
- S. 2505
- Origin Chamber
- Senate
- Congress
- 119th Congress, Session 1
- Policy Area
- Environmental Protection
- Status
- Introduced
- Latest Action
- 2025-07-29: Read twice and referred to the Committee on Environment and Public Works.
- Last Updated
- 2026-04-29T11:03:32Z
AI-Generated Summary
Purpose The legislation amends the Safe Drinking Water Act to establish clearer timelines and procedures for the Environmental Protection Agency (EPA) to approve or disapprove State applications for primary enforcement responsibility over underground injection control programs, with a focus on Class VI wells used for carbon dioxide sequestration. It aims to provide greater certainty for States pursuing such authority while preserving EPA oversight.
Key Provisions
- Timeline Requirements: EPA must respond to State applications or notices within 90 days generally. For Class VI wells, if no decision is made within 180 days, EPA must send a written notice detailing the review status, reasons for delay, and specific deficiencies.
- Automatic Approval: If EPA fails to decide on a complete application within 30 days after the 180-day period (totaling 210 days), the application is deemed approved, provided the State already has primary enforcement for other well classes and maintains adequate safeguards for drinking water.
- Completeness Determination: EPA must assess application completeness within 10 days; failure to do so allows the State to treat it as complete upon request.
- Pending Matters and Transfers: EPA must expeditiously decide pending permits and transfer all relevant information to the State upon approval.
- Limits on EPA Actions: Denials must be based solely on statutory criteria; approvals cannot be conditioned on additional provisions not in the original submission.
- Pre-Application Support and Coordination: EPA must assist States with pre-submission activities and designate a single coordinator per State for review and staffing needs.
- Resource Reporting: EPA must submit a report to Congress within 90 days on staffing and funding needs to implement the changes.
- Funding and Applicability: IIJA funds may support the report; the new rules apply to all future submissions and restart timelines for pending ones as of the bill's enactment.
Significant Changes to Existing Law The bill modifies Section 1422(b) of the Safe Drinking Water Act by adding detailed procedural safeguards and deadlines specific to Class VI wells, which were not previously outlined. It introduces an automatic approval mechanism and mandatory notices of deficiencies, shifting from the prior 90-day general response requirement to a more structured, time-bound process with limited EPA discretion on conditions or grounds for denial.
Potential Impacts
- Government Agencies: Increases EPA's administrative obligations, including coordination, reporting, and timely decision-making, potentially requiring additional resources or staff. States gain a more predictable path to assuming regulatory authority.
- Citizens: May accelerate permitting for carbon capture projects, potentially affecting local drinking water protections and project development timelines.
- International Relations: No direct effects identified in the legislation.
Main Stakeholders Affected
- The EPA Administrator and relevant congressional committees (Environment and Public Works, Energy and Commerce, Appropriations).
- States seeking or holding primary enforcement responsibility for Class VI wells.
- Operators and applicants for Class VI well permits.
- Entities involved in carbon sequestration and underground injection activities.
Notable Legal, Constitutional, or Political Implications The amendments impose procedural constraints on EPA decision-making, potentially limiting agency discretion while maintaining its authority to deny applications or revoke primacy. They apply retroactively to pending submissions with adjusted timelines and include rules of construction to preserve existing enforcement powers. No constitutional issues are addressed in the bill.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (2)
Sen. Ricketts, Pete [R-NE], Sen. McCormick, David [R-PA]
Recent Actions
- 2025-07-29: Read twice and referred to the Committee on Environment and Public Works.
- 2025-07-29: Introduced in Senate
Bill Versions
- Primacy Certainty Act of 2025 — issued 2025-07-29 — PDF (12 pages)