If enacted, this legislation could significantly alter the regulatory landscape for underground injection control by expediting the approval process for states seeking to establish Class VI wells. This is important for managing the safe disposal of carbon dioxide and other related substances, aligning state and federal efforts in environmental protection. The bill also specifies that any administrative decisions made by the EPA regarding these applications must not impose additional conditions that go beyond what is explicitly required by law, thus limiting the EPA's discretion in such matters.
Summary
SB1718, also known as the Primacy Certainty Act of 2023, seeks to amend the Safe Drinking Water Act by establishing a clearer timeline for the approval or disapproval of State underground injection control programs, specifically for Class VI wells. The bill stipulates that the Environmental Protection Agency (EPA) must make a decision within 180 days of a state's application submission or face automatic approval of that application if certain conditions are met. This change aims to streamline the process and provide states with the authority to manage their underground injection programs effectively.
Contention
Two primary points of contention surround SB1718. First, there is concern that the automatic approval provision could lead to less stringent safety and environmental standards being applied by states that may not be adequately prepared to manage underground injection activities. Environmental advocacy groups argue that this could jeopardize drinking water sources and exacerbate environmental degradation. Additionally, the bill's implications on federal oversight raise debates on the balance between state and federal responsibilities in environmental enforcement, with some lawmakers advocating for greater state autonomy while others emphasize the need for comprehensive federal oversight to protect public health and the environment.
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