H.R. 8310 – Well Primacy Certainty Act

AI-Generated Summary

Updated February 8, 2026 at 4:30 PM UTC

The Well Primacy Certainty Act amends the Safe Drinking Water Act to set a clear 90‑day deadline for the EPA Administrator to decide on a state’s underground injection control program; if the Administrator does not act, the program is automatically deemed approved. It also adds requirements for public hearings and comment periods before the EPA issues related rules, mandates faster pre‑application work with states, and creates a single EPA coordinator for reviewing Class VI well programs. The changes affect states with underground injection control programs and the EPA’s administration of those programs.

Key Provisions

Establishes a 90‑day deadline for the EPA to approve, disapprove, or partially approve/disapprove a state’s underground injection control program; lack of action results in automatic approval.
Removes the “reasonable opportunity for presentation of views” language from the initial deadline provision.
Requires the EPA to provide a reasonable opportunity for public views—including a hearing and comment period—and to publish notice before issuing any related rules.
Directs the EPA to work as quickly as possible with states on pre‑application activities for underground injection control programs.
Mandates the EPA to designate one individual to coordinate review and public‑view processes for Class VI well programs.
Allows funds from the Infrastructure Investment and Jobs Act to be used to support the new coordination responsibilities.

Legislative Activity

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HouseIntro Referral Latest Action

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

July 7, 2022

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HouseIntro Referral

Introduced in House

July 7, 2022

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

Energy and Commerce Committee

July 7, 2022

Bill Text

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Introduced in HouseIssued July 7, 2022

I

117th CONGRESS

2d Session

H. R. 8310

IN THE HOUSE OF REPRESENTATIVES

July 7, 2022

Mr. McKinley introduced the following bill; 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 program, and for other purposes.

1.

Short title

This Act may be cited as the Well Primacy Certainty Act.

2.

State primary enforcement responsibility

(a)

Amendments

Section 1422(b) of the Safe Drinking Water Act (42 U.S.C. 300h–1(b)) is amended—

(1)

in paragraph (2)—

(A)

by striking Within ninety days and inserting (A) Within ninety days;

(B)

by striking and after reasonable opportunity for presentation of views; and

(C)

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.

;

(2)

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).

; and

(3)

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).

.

(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.