Section 1 Short title
This Act may be cited as the “Well Primacy Certainty Act”.
Well Primacy Certainty Act
A BILL
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.
Sec. 2 State primary enforcement responsibility
in paragraph (2)—
by striking “Within ninety days” and inserting “(A) Within ninety days”;
by striking “and after reasonable opportunity for presentation of views”; and
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.”
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).”
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).”
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.