Primacy Certainty Act of 2025
Summary
The Primacy Certainty Act of 2025 amends the Safe Drinking Water Act to clarify the timeline for approving or disapproving state underground injection control (UIC) programs for Class VI wells, which are used for geologic sequestration of carbon dioxide. The bill sets deadlines for the EPA to respond to state applications and provides for automatic approval in certain circumstances. It also mandates the EPA to assist states in the application process and to report on the resources needed to implement these changes.
Expected Effects
This act aims to expedite the process by which states gain primary enforcement responsibility (primacy) over Class VI wells. This could lead to faster deployment of carbon capture and storage projects, as states would have more control over permitting and regulation. The act also seeks to ensure that the EPA provides timely feedback and support to states during the application process.
Potential Benefits
- Expedited Primacy: States can gain primacy more quickly, leading to faster deployment of carbon capture projects.
- Clarity and Predictability: Clearer timelines and procedures reduce uncertainty for states and project developers.
- Resource Allocation: The EPA is required to assess and report on the resources needed to support state primacy applications.
- State Control: Empowers states to manage their own UIC programs, promoting local solutions.
- Reduced Red Tape: Streamlines the approval process, potentially attracting more investment in carbon capture.
Potential Disadvantages
- Potential for Inadequate Review: The automatic approval provision could lead to states gaining primacy without adequate review by the EPA.
- Resource Strain: States may lack the resources and expertise to effectively regulate Class VI wells, especially in the absence of sufficient federal support.
- Environmental Risks: Faster deployment of carbon capture projects could lead to unforeseen environmental consequences if not properly regulated.
- Reduced EPA Oversight: Diminished EPA oversight could compromise the integrity of underground injection control programs.
- Unintended Consequences: The expedited process may inadvertently overlook critical safety or environmental considerations.
Constitutional Alignment
The Act appears to align with the Constitution, particularly Article I, Section 8, which grants Congress the power to regulate commerce and promote the general welfare. By clarifying the regulatory process for carbon sequestration, the Act can be argued to fall under Congress's authority to regulate activities that affect interstate commerce and environmental protection. The Tenth Amendment reserves powers not delegated to the federal government to the states, and this Act seeks to balance federal oversight with state primacy, potentially respecting state authority over environmental regulation within their borders.
Impact Assessment: Things You Care About ⓘ
This action has been evaluated across 19 key areas that matter to you. Scores range from 1 (highly disadvantageous) to 5 (highly beneficial).