Primacy Certainty Act of 2025
The Primacy Certainty Act of 2025 would reorganize the process by which states can assume primary enforcement responsibility for Class VI underground injection control (UIC) wells (the wells used for carbon dioxide sequestration and similar activities). The bill tightens and standardizes timelines for a federal decision on a state’s request to regulate Class VI wells, with a hard 180-day decision window and an automatic approval trigger 30 days after the end of that window if the state has an existing primacy program for other UIC wells. If the EPA does not make a decision within 180 days, it must provide a detailed written explanation outlining status, deficiencies, and steps needed for approval. The bill also creates new preapplication coordination, a single state-federal coordinator per state, and a reporting requirement on resources and funding to implement these changes. It authorizes use of Infrastructure Investment and Jobs Act (IIJA) funds to support these provisions and applies the new rules to both new and certain pending submissions, with special rules for older, not-yet-decided applications. In short, the bill aims to make the transfer of Class VI UIC primacy to states faster and more predictable, while ensuring the EPA provides explicit feedback and maintains oversight options if a state’s primacy program is deemed insufficient. It also strengthens state preparedness and staffing to handle the increased responsibilities and creates a path to automatic approval if the federal review stalls, provided the state already regulates other UIC classes.
Key Points
- 1Redefined timeline for Class VI primacy decisions: the Administrator must act within 180 days of submission (for approval, disapproval, or partial approval), with a 90-day general response period earlier in the process and a specific timeline for completion and deficiencies.
- 2Automatic approval trigger: if the Administrator has not decided within 180 days, and the state has an existing primary enforcement program for other UIC classes, the submission is deemed approved 30 days after the end of the 180-day period, pending certain completeness determinations.
- 3Written notices and completeness: if no decision is made by 180 days, the EPA must provide a detailed written status report and list deficiencies; the Administrator must determine whether the submission is complete within 10 days, and if not, the submission may be deemed complete.
- 4Preapplication and coordination enhancements: requires preapplication activities to prepare states before a formal submission, and designates a single EPA liaison per state to coordinate review, resource planning, and staffing.
- 5Resource and funding reporting: within 90 days after enactment, the Administrator must report on staff availability and funding needs to implement these amendments.
- 6Use of IIJA funds: authorizes funds under the Infrastructure Investment and Jobs Act to support the new processes, and harmonizes IIJA reporting with the new requirements.
- 7Scope and applicability: applies to new Class VI submissions after enactment and to older submissions that had not been approved by enactment, starting the new 180-day clock at enactment and processing them in submission order.
- 8No new conditions; preserves existing authorities: the Administrator can still deny or withdraw primacy or revoke primacy if criteria are not met, and decisions cannot be conditioned on provisions not required by the title.
- 9Definitions and construction: clarifies terms (Administrator, Class VI well) and ensures consistent application with related statutes (e.g., IIJA).