,i  #aaith ,,congress  #ast ,session    
,h4 ,r4 #dhhj  ,,in ,,the ,,house ,,of  
,,representatives  ,august #e1 #bjbe,mr4
 ,crenshaw 7for himself1 ,mr4 ,pfluger1 
and ,mr4 ,weber of ,texas7 introduced   
the following bill2 which was referred  
to the ,committee on ,energy and        
,commerce  ,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 program1 and for other purposes4
  #a4 ,short title ,this ,act may be    
cited as the ,primacy ,certainty ,act of
 #bjbe4  #b4 ,state primary enforcement 
responsibility for ,class ,,vi wells    
7a7 ,amendments ,section #adbb7;b7 of   
the ,safe ,drinking ,water ,act 7#db    
,u4,s4,c4 #cjj;h-#a7;b77 is amended--   
7#a7 in paragraph 7#b7-- 7,a7 by        
striking 7#b7 ,within ninety days and   
inserting the following3  7#b7 ,required
 timeline  7,a7 ,definition of ,class   
,,vi well ,in this paragraph1 the term  

,class ,,vi well has the meaning given  
the term in section #djcjf7;a7 of the   
,infrastructure ,investment and ,jobs   
,act 7#db ,u4,s4,c4 #cjj;h-#i7;a774     
7,b7 ,general deadline for response     
,within #ij days  2 and  7,b7 by adding 
at the end the following3  7,c7 ,notice 
related to ,state primary enforcement   
responsibility for class ,,vi wells  7i7
 ,notice to ,state ,if the              
,administrator does not approve1        
disapprove1 or approve in part and      
disapprove in part the ,state's         
underground injection control program   
for ,class ,,vi wells by not later than 
#ahj days after the date on which the   
application of the ,state is submitted  
under paragraph 7#a77;,a7 or notice of  
the ,state is submitted under paragraph 
7#a77;,b71 the ,administrator shall     
transmit to the ,state1 in writing1 a   
detailed explanation that describes--   
7,i7 the status of the review of the    
application or notice1 as applicable2   
7,,ii7 the reason for which a decision  

with respect to that application or     
notice has not yet been made2 and       
7,,iii7 an itemized list of specific    
deficiencies with the application or    
notice to be addressed to receive       
approval of that application or notice1 
in accordance with the requirements of  
this title4  7ii7 ,automatic approval   
for ,class ,,vi wells  7,i7 ,in general 
,if the ,administrator has not approved1
 disapproved1 or approved in part and   
disapproved in part a complete          
application submitted under paragraph   
7#a77;,a7 or notice submitted under     
paragraph 7#a77;,b7 of a ,state's       
underground injection control program to
 regulate ,class ,,vi wells in writing  
by not later than the date that is #cj  
days after the end of the #ahj-;day     
period described in clause 7i71 that    
application or notice shall be          
considered approved by the              
,administrator if the ,state has        
established and implemented a primary   
enforcement authority program for #a or 

more other classes of underground       
injection control wells 7including      
adequate recordkeeping and reporting7 to
 prevent underground injection that     
endangers drinking water sources4       
7,,ii7 ,determination of completeness   
7aa7 ,deadline ,the ,administrator shall
 determine whether an application       
submitted under paragraph 7#a77;,a7 or  
notice submitted under paragraph        
7#a77;,b7 is complete for purposes of   
subclause 7,i71 and provide notice to   
the ,state of any deficiencies in that  
application or notice1 by not later than
 #aj days after the date on which the   
,state submits the application or       
notice4  7bb7 ,failure to make          
determination concerning completeness of
 ,class ,,vi primacy application or     
notice ,if the ,administrator has not   
made a determination under item 7aa7 by 
the end of the #aj-;day period described
 in that item1 on request of the ,state 
that submitted the application or       
notice1 the application or notice shall 

be considered administratively complete4
  7,d7 ,pending permits and applications
 for ,class ,,vi wells ,with respect to 
,class ,,vi wells and the efforts of a  
,state to obtain from the ,administrator
 primary enforcement responsibility of  
,class ,,vi wells1 following the        
approval of an application under        
paragraph 7#a77;,a7 or notice under     
paragraph 7#a77;,b7 for a ,state1 the   
,administrator shall1 as expeditiously  
as possible-- 7i7 render a decision on  
any pending permits or applications for 
the operation of ,class ,,vi wells in   
the ,state prior to that ,state assuming
 primary enforcement responsibility for 
,class ,,vi wells2 and  7ii7 transfer to
 that ,state all pending permits1       
applications1 and other information     
relevant to operating an underground    
injection control program to regulate   
,class ,,vi wells not already in        
possession of the ,state following that 
,state assuming primary enforcement     
responsibility for ,class ,,vi wells4   

7,e7 ,grounds for denial of class ,,vi  
well applications ,a denial or approval 
in part and disapproval in part with    
respect to an application under         
paragraph 7#a77;,a7 or notice under     
paragraph 7#a77;,b7 for a ,state to     
operate an underground injection control
 program to regulate ,class ,,vi wells  
shall be based solely on a finding by   
the ,administrator that the ,state does 
not meet the criteria described in      
paragraph 7#a77;,a74  7,f7 ,no          
conditions for decisions ,the           
,administrator shall not condition the  
approval of an application under        
paragraph 7#a77;,a7 or notice under     
paragraph 7#a77;,b7 for a ,state to     
operate an underground injection control
 program to regulate ,class ,,vi wells  
on the inclusion of-- 7i7 provisions not
 otherwise included in the application  
or notice on the date of submission2 or 
7ii7 any other provision not otherwise  
explicitly required by this title4  2   
and  7#b7 by adding at the end the      

following3  7#e7 ,preapplication        
activities for ,class ,,vi wells ,with  
respect to ,class ,,vi wells 7as defined
 in paragraph 7#b77;,a77 and the efforts
 of a ,state to obtain from the         
,administrator primary enforcement      
responsibility of ,class ,,vi wells 7as 
so defined71 the ,administrator1 acting 
through the individual designated under 
paragraph 7#f71 shall work as           
expeditiously as possible with ,states  
to complete any necessary activities    
prior to the submission of an           
application under paragraph 7#a77;,a7 or
 notice under paragraph 7#a77;,b71      
taking into consideration the need for a
 thorough and detailed application or   
notice1 as applicable4  7#f7            
,application coordination for ,class    
,,vi wells ,with respect to underground 
injection control programs of ,states1  
or portions of underground injection    
control programs of ,states1 that       
regulate ,class ,,vi wells 7as defined  
in paragraph 7#b77;,a771 the            

,administrator shall designate #a       
individual to be responsible for        
coordinating for each ,state--  7,a7 in 
accordance with paragraph 7#e71 the     
completion of any necessary activities  
prior to the submission of an           
application submitted under paragraph   
7#a77;,a7 or notice submitted under     
paragraph 7#a77;,b72  7,b7 the review of
 an application submitted under         
paragraph 7#a77;,a7 or notice submitted 
under paragraph 7#a77;,b72 and  7,c7 the
 hiring of any additional staff         
necessary to carry out subparagraphs    
7,a7 and 7,b74  7#g7 ,evaluation of     
resources ,not later than #ij days after
 the date of enactment of this          
paragraph1 the ,administrator1 in       
consultation with the individual        
designated under paragraph 7#f71 shall  
submit to the ,committees on            
,environment and ,public ,works and     
,appropriations of the ,senate and the  
,committees on ,energy and ,commerce and
 ,appropriations of the ,house of       

,representatives a report that          
describes-- 7,a7 the availability of    
staff and resources to promptly carry   
out the requirements of the amendments  
made by section #b7;a7 of the ,primacy  
,certainty ,act of #bjbe2 and  7,b7 any 
funding necessary to promptly carry out 
the requirements of the amendments made 
by section #b7;a7 of the ,primacy       
,certainty ,act of #bjbe4  4  7b7 ,use  
of ,,iija funds  7#a7 ,use for report   
,amounts made available to carry out    
section #djcjf7;b7 of the               
,infrastructure ,investment and ,jobs   
,act 7#db ,u4,s4,c4 #cjj;h-#i7;b77 may1 
beginning on the date of enactment of   
this ,act1 be used to carry out         
paragraph 7#g7 of section #adbb7;b7 of  
the ,safe ,drinking ,water ,act 7#db    
,u4,s4,c4 #cjj;h-#a7;b774  7#b7         
,conforming amendment ,section          
#djcjf7;b7 of the ,infrastructure       
,investment and ,jobs ,act 7#db         
,u4,s4,c4 #cjj;h-#i7;b77 is amended by  
inserting 7including carrying out       

paragraph 7#g7 of section #adbb7;b7 of  
the ,safe ,drinking ,water ,act 7#db    
,u4,s4,c4 #cjj;h-#a7;b77 in accordance  
with section #b7;b77#a7 of the ,primacy 
,certainty ,act of #bjbe7 after #bjaj774
  7c7 ,rules of construction  7#a7      
,definitions ,in this subsection3  7,a7 
,administrator ,the term ,administrator 
means the ,administrator of the         
,environmental ,protection ,agency4     
7,b7 ,class ,,vi well ,the term ,class  
,,vi well has the meaning given the term
 in section #djcjf7;a7 of the           
,infrastructure ,investment and ,jobs   
,act 7#db ,u4,s4,c4 #cjj;h-#i7;a774     
7#b7 ,ability to deny or withdraw ,state
 primary enforcement responsibility     
,nothing in the amendments made by this 
section limits the ability of the       
,administrator-- 7,a7 to deny an        
application under paragraph 7#a77;,a7 of
 subsection 7b7 of section #adbb of the 
,safe ,drinking ,water ,act 7#db        
,u4,s4,c4 #cjj;h-#a7 or notice under    
paragraph 7#a77;,b7 of that subsection  

of a ,state to operate an underground   
injection control program to regulate   
,class ,,vi wells2 or  7,b7 to revoke   
primary enforcement responsibility in   
accordance with that ,act 7#db ,u4,s4,c4
 #cjj;f et seq474  7#c7 ,applicability  
to new submissions ,the amendments made 
by this section shall apply to all      
applications under paragraph 7#a77;,a7  
of subsection 7b7 of section #adbb of   
the ,safe ,drinking ,water ,act 7#db    
,u4,s4,c4 #cjj;h-#a7 and notices under  
paragraph 7#a77;,b7 of that subsection  
for underground injection control       
programs of ,states1 or portions of     
underground injection control programs  
of ,states1 that regulate ,class ,,vi   
wells submitted to the ,administrator   
pursuant to that section on and after   
the date of enactment of this ,act4     
7#d7 ,applicability to prior submissions
 ,with respect to applications under    
paragraph 7#a77;,a7 of subsection 7b7 of
 section #adbb of the ,safe ,drinking   
,water ,act 7#db ,u4,s4,c4 #cjj;h-#a7   

and notices under paragraph 7#a77;,b7 of
 that subsection for underground        
injection control programs of ,states1  
or portions of underground injection    
control programs of ,states1 that       
regulate ,class ,,vi wells that were    
submitted to the ,administrator1 but not
 approved1 before the date of enactment 
of this ,act-- 7,a7 the #ahj-;day period
 described in paragraph 7#b77;,c77i7 of 
that section shall begin on the date of 
enactment of this ,act2 and  7,b7 the   
,administrator shall process and make   
decisions1 pursuant to the requirements 
of this ,act and the amendments made by 
this ,act1 on those applications and    
notices in the order in which the       
applications and notices were submitted4