Well Primacy Certainty Act
Bill: H.R.8310 | Sponsor: Rep. McKinley, David B. (R-WV)
Policy area: Environmental Protection

Summary:
Well Primacy Certainty Act
This bill modifies various aspects of the process for approving applications from states to carry out underground injection control programs. The modifications include, for example, deeming that an application is approved if the Environmental Protection Agency (EPA) fails to make a decision within the existing 90-day timeframe and requiring the EPA to undertake efforts to coordinate with states concerning their applications.

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 ``Well Primacy Certainty 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--
            (1) in paragraph (2)--
                    (A) by striking ``Within ninety days'' and 
                inserting ``(A) Within ninety days'';
                    (B) by striking ``and after reasonable opportunity 
                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 program 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 underground 
        injection control program shall be deemed approved.'';
            (2) by amending paragraph (4) to read as follows:
    ``(4) Before promulgating any rule under paragraph (2) or (3) of 
this subsection, the Administrator shall--
            ``(A) provide a reasonable opportunity for presentation 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:
    ``(5) Preapplication Activities.--The Administrator 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).
    ``(6) Application Coordination for Class VI Wells.--The 
Administrator shall designate one individual 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 
Infrastructure 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 presentation 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.
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