Primacy Certainty Act of 2025
Summary
The Primacy Certainty Act of 2025 amends the Safe Drinking Water Act, specifically addressing the approval process for state underground injection control (UIC) programs related to Class VI wells, which are used for carbon sequestration. It sets clearer timelines for the EPA's decision-making regarding state applications for primary enforcement responsibility. The Act also includes provisions for automatic approval under certain conditions and mandates the EPA to provide detailed explanations for delays.
Expected Effects
The Act aims to expedite the process by which states gain primary enforcement authority over Class VI wells. This could lead to faster deployment of carbon capture and storage projects. It also ensures greater transparency and accountability from the EPA in its review of state UIC program applications.
Potential Benefits
- Faster Project Deployment: Streamlined approval processes can accelerate the deployment of carbon capture projects.
- Increased State Authority: Empowers states to regulate Class VI wells within their borders.
- Enhanced Transparency: Requires the EPA to provide detailed explanations for delays in application reviews.
- Resource Allocation: Mandates an evaluation of resources needed to implement the Act's amendments.
- Use of Existing Funds: Allows for the use of Infrastructure Investment and Jobs Act funds for reporting requirements.
Potential Disadvantages
- Potential for Inadequate Review: Expedited timelines could lead to less thorough reviews of state programs.
- Risk of Automatic Approvals: Automatic approvals may occur even if a state program has deficiencies.
- Increased Burden on States: States may face pressure to quickly establish and implement UIC programs.
- Limited Scope: The Act focuses solely on Class VI wells, neglecting other aspects of the Safe Drinking Water Act.
- Possible Unintended Consequences: The changes could create loopholes or ambiguities in the regulatory framework.
Constitutional Alignment
The Primacy Certainty 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 approval process for state UIC programs, the Act aims to ensure safe drinking water and environmental protection, which falls under the umbrella of promoting the general welfare. The Act does not appear to infringe upon any specific constitutional rights or limitations.
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).