I 
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 under-
ground 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 req-
uisite 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 Representa-
tives 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’’. 
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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 Infrastruc-
ture Investment and Jobs Act (42 U.S.C. 
300h–9(a)). 
‘‘(ii) NOTICE TO STATE.—If the Ad-
ministrator 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 
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paragraph (1)(A) or notice of the State is 
submitted under paragraph (1)(B), the Ad-
ministrator shall transmit to the State, in 
writing, a detailed explanation that de-
scribes— 
‘‘(I) the status of the review of 
the application or notice, as applica-
ble; 
‘‘(II) the reason for which a deci-
sion with respect to that application 
or notice has not yet been made; and 
‘‘(III) an itemized list of specific 
deficiencies with the application or no-
tice to be addressed to receive ap-
proval 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 Ad-
ministrator has not approved, dis-
approved, or approved in part and dis-
approved in part a complete applica-
tion 
submitted 
under 
paragraph 
(1)(A) or notice submitted under 
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paragraph (1)(B) of a State’s under-
ground 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 applica-
tion or notice shall be considered ap-
proved by the Administrator if the 
State has established and imple-
mented a primary enforcement au-
thority program for 1 or more other 
classes of underground injection con-
trol wells (including adequate record-
keeping and reporting) to prevent un-
derground injection that endangers 
drinking water sources. 
‘‘(II) DETERMINATION OF COM-
PLETENESS.— 
‘‘(aa) DEADLINE.—The Ad-
ministrator 
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 no-
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tice to the State of any defi-
ciencies in that application or no-
tice, 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 PRI-
MACY
APPLICATION
OR
NO-
TICE.—If the Administrator has 
not made a determination under 
item (aa) by the end of the 10- 
day period described in that sub-
clause, on request of the State 
that submitted the application or 
notice, the application or notice 
shall be considered administra-
tively complete. 
‘‘(C) PENDING
PERMITS
AND
APPLICA-
TIONS 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 respon-
sibility of Class VI wells (as so defined), fol-
lowing the approval of an application under 
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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 en-
forcement responsibility for Class VI wells 
(as so defined); and 
‘‘(ii) transfer to that State all pending 
permits, applications, and other informa-
tion relevant to operating an underground 
injection control program to regulate Class 
VI wells (as so defined) not already in pos-
session of the State following that State 
assuming primary enforcement responsi-
bility 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 regu-
late Class VI wells (as defined in subparagraph 
(B)(i)) shall be based solely on a finding by the 
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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 ap-
proval of an application or notice of a State to 
operate an underground injection control pro-
gram 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 de-
fined in paragraph (2)(B)(i)) and the efforts of a 
State to obtain from the Administrator primary en-
forcement responsibility of Class VI wells (as so de-
fined), the Administrator, acting through the indi-
vidual designated under paragraph (5), shall work as 
expeditiously as possible with States to complete any 
necessary activities prior to the submission of an ap-
plication under paragraph (1)(A) or notice under 
paragraph (1)(B), taking into consideration the need 
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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 under-
ground injection control programs of States, that 
regulate Class VI wells (as defined in paragraph 
(2)(B)(i)), the Administrator shall designate 1 indi-
vidual 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 sub-
mitted under paragraph (1)(A) or notice sub-
mitted under paragraph (1)(B); and 
‘‘(C) the hiring of any additional staff nec-
essary 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 Pub-
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lic Works and Appropriations of the Senate and the 
Committees on Energy and Commerce and Appro-
priations 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 Pri-
macy 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 avail-
able to carry out section 40306(b) of the Infrastruc-
ture 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 sec-
tion 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. 
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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 ‘‘Admin-
istrator’’ means the Administrator of the Envi-
ronmental 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 para-
graph (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 under-
ground injection control program to regulate 
Class VI wells; or 
(B) to revoke primary enforcement respon-
sibility in accordance with that Act (42 U.S.C. 
300f et seq.). 
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(3) APPLICABILITY
TO
NEW
SUBMISSIONS.— 
The amendments made by this section shall apply to 
all applications under paragraph (1)(A) of sub-
section (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 Admin-
istrator 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 con-
trol programs, or portions of underground injection 
control programs, that regulate Class VI wells that 
were submitted to the Administrator, but not ap-
proved, before the date of enactment of this Act— 
(A) the 180-day period described in para-
graph (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 
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this Act and the amendments made by this Act, 
on those applications and notices in the order 
in which the applications and notices were sub-
mitted. 
Æ 
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