I 
117TH CONGRESS 
2D SESSION 
H. R. 8310 
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 
JULY 7, 2022 
Mr. MCKINLEY 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 ‘‘Well Primacy Cer-
tainty Act’’. 
SEC. 2. STATE PRIMARY ENFORCEMENT RESPONSIBILITY. 
(a) AMENDMENTS.—Section 1422(b) of the Safe 
Drinking Water Act (42 U.S.C. 300h–1(b)) is amended— 
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(1) in paragraph (2)— 
(A) by striking ‘‘Within ninety days’’ and 
inserting ‘‘(A) Within ninety days’’; 
(B) by striking ‘‘and after reasonable op-
portunity for presentation of views’’; and 
(C) by adding at the end the following: 
‘‘(B) If the Administrator does not approve, 
disapprove, or approve in part and disapprove in 
part a State’s underground injection control pro-
gram within ninety days after a State’s application 
is submitted under paragraph (1)(A) or notice is 
submitted under paragraph (1)(B), the State’s un-
derground injection control program shall be deemed 
approved.’’; 
(2) by amending paragraph (4) to read as fol-
lows: 
‘‘(4) Before promulgating any rule under paragraph 
(2) or (3) of this subsection, the Administrator shall— 
‘‘(A) provide a reasonable opportunity for pres-
entation of views with respect to such rule, including 
a public hearing and a public comment period; and 
‘‘(B) publish in the Federal Register notice of 
the reasonable opportunity for presentation of views 
provided under subparagraph (A).’’; and 
(3) by adding at the end the following: 
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‘‘(5) PREAPPLICATION ACTIVITIES.—The Adminis-
trator shall work as expeditiously as possible with States 
to complete any necessary activities prior to the submis-
sion of an application under paragraph (1)(A) or notice 
under paragraph (1)(B). 
‘‘(6) APPLICATION COORDINATION FOR CLASS VI 
WELLS.—The Administrator shall designate one indi-
vidual to be responsible for coordinating, with respect to 
a State’s underground injection control program for Class 
VI wells (as defined in section 40306(a) of the Infrastruc-
ture Investment and Jobs Act (42 U.S.C. 300h–9(a)))— 
‘‘(A) the review of an application submitted 
under paragraph (1)(A) or notice submitted under 
paragraph (1)(B); and 
‘‘(B) any reasonable opportunity for presen-
tation of views provided under paragraph (4)(A) and 
any notice published under paragraph (4)(B).’’. 
(b) USE OF FUNDS.—Amounts made available to 
carry out section 40306 of the Infrastructure Investment 
and Jobs Act (42 U.S.C. 300h–9) may be used to carry 
out paragraph (6) of section 1422(b) of the Safe Drinking 
Water Act, as added by this Act. 
Æ 
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