When states want to take over regulation of carbon dioxide injection wells (Class VI wells used for carbon capture and storage), they currently apply to the EPA — but there's no firm deadline for the EPA to say yes or no. This bill sets a 180-day clock: if the EPA doesn't act within that window, it must explain why, list specific deficiencies, and give the state 30 more days. If there's still no answer after that, the state's application is automatically approved — as long as the state already runs other injection well programs. The bill also requires the EPA to assign a single coordinator per state to streamline the process and report to Congress on whether it has enough staff and funding to keep up.
Congressional Summary
Primacy Certainty Act of 2025This bill modifies provisions of the underground injection control program established under the Safe Drinking Water Act related to the review of state applications to obtain responsibility for regulating Class VI wells, which are used to store captured carbon. The bill sets forth a process to give states primary enforcement responsibility for such wells if the Environmental Protection Agency (EPA) fails to meet specified deadlines.In addition, the bill prohibits the EPA from conditioning the approval of state applications on the inclusion of provisions that are not included in the applications or not explicitly required by the Safe Drinking Water Act.
Details
- Congress
- 119th
- Chamber
- Senate
- Status
- summarized
- Action
- Introduced in Senate
- Action Date
- 2025-07-29
- Date Added
- 2026-04-09