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.
Short title
This Act may be cited as the Well Primacy Certainty Act
.
State primary enforcement responsibility
Amendments
Section 1422(b) of the Safe Drinking Water Act (42 U.S.C. 300h–1(b)) is amended—
in paragraph (2)—
by striking Within ninety days
and inserting (A) Within ninety days
;
by striking and after reasonable opportunity for presentation of views
; and
by adding at the end the following:
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.
;
by amending paragraph (4) to read as follows:
Before promulgating any rule under paragraph (2) or (3) of this subsection, the Administrator shall—
provide a reasonable opportunity for presentation of views with respect to such rule, including a public hearing and a public comment period; and
publish in the Federal Register notice of the reasonable opportunity for presentation of views provided under subparagraph (A).
; and
by adding at the end the following:
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).
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)))—
the review of an application submitted under paragraph (1)(A) or notice submitted under paragraph (1)(B); and
any reasonable opportunity for presentation of views provided under paragraph (4)(A) and any notice published under paragraph (4)(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.