H.R. 4880 — Primacy Certainty Act of 2025

This section revises the process and timelines under the Safe Drinking Water Act for states to obtain primary enforcement responsibility (primacy) for underground injection control (UIC) programs regulating Class VI wells (i.e., wells used for injection of carbon dioxide for geologic sequestration). (As background, the UIC program prevents underground injection that endangers underground sources of drinking water.) Specifically, it amends section 1422(b)(2) to (1) define Class VI wells by cross-reference to existing law; (2) require the EPA Administrator to determine application or notice completeness within 10 days (with automatic completeness on state request if no determination); (3) provide written notice of review status, reasons for delay, and deficiencies if no approval, disapproval, or partial decision within 180 days of submission; (4) automatically approve a complete application or notice 30 days after that 180-day period (i.e., 210 days total) if the state already has primacy for one or more other UIC well classes with adequate recordkeeping and reporting; (5) direct expedited decisions on and transfer of pending Class VI permits and applications upon state primacy approval; (6) limit denials or partial disapprovals to failures to meet existing primacy criteria; and (7) prohibit conditioning approval on additional provisions beyond those submitted or explicitly required by statute. The section also adds new subsections (5) and (6) requiring the Administrator to (1) expeditiously assist states with preapplication activities for Class VI primacy and (2) designate one coordinator per state for such preapplication work and application reviews.