S. 2505 — Primacy Certainty Act of 2025

This section revises the timelines and procedures for EPA approval of state applications or notices for primary enforcement responsibility (primacy) over Class VI underground injection control (UIC) wells (i.e., wells for geologic sequestration of carbon dioxide) under the Safe Drinking Water Act. Specifically, with respect to Class VI wells, it (1) requires EPA to determine completeness of a state application or notice within 10 days (or deem it complete on state request if EPA fails to act); (2) requires written notice to the state of review status, reasons for delay, and deficiencies if EPA has not approved, disapproved, or partially approved/disapproved within 180 days of submission; (3) provides for automatic approval 30 days after the 180-day period (210 days total) if the state has primacy for one or more other UIC well classes with adequate recordkeeping and reporting; (4) directs EPA, following approval, to expeditiously decide on and transfer any pending federal Class VI permits or applications to the state; (5) limits denial or partial denial to states not meeting existing primacy criteria; and (6) prohibits EPA from conditioning approval on additional provisions beyond those required by statute or included in the original submission. The section further (1) directs EPA to work expeditiously with states on preapplication activities for Class VI primacy and (2) requires EPA to designate one coordinator per state for such preapplication work and application reviews. (Thus, these changes aim to accelerate state assumption of Class VI primacy, which has previously been exercised only by EPA.)