New Bill Forces EPA to Approve Carbon Capture Wells in 210 Days—Or Else

The aptly named Primacy Certainty Act of 2025 is all about speed and accountability—specifically, forcing the Environmental Protection Agency (EPA) to speed up how fast states can take over the regulation of Class VI wells. These are the deep underground injection wells used for Carbon Capture and Sequestration (CCS), a key technology for managing emissions from industrial sources. The core of this bill is setting a hard deadline: once a state submits its application to regulate these wells, the EPA gets just 180 days to review it, with a hard stop at 210 days.

The Automatic Approval Clause: What Happens When the Clock Runs Out

This bill introduces a significant procedural shift by adding a major consequence if the EPA misses its deadlines. If the EPA fails to approve or disapprove a state’s complete application within 210 days of submission, the state’s application for primary enforcement authority—or ‘primacy’—is automatically approved. This automatic transfer of power is contingent on the state already having primacy over at least one other type of injection well. Think of it like this: if you’re waiting on a crucial permit from the city, and they drag their feet past a specific, legally defined date, the permit is considered granted. For the EPA, missing the 210-day mark means losing federal oversight of this particular type of environmental regulation to the state.

Why This Matters for Everyday Life and the Environment

For the industries that rely on CCS—like power plants, refineries, and chemical manufacturers—this bill is a massive streamlining effort. Faster state approval means faster permitting for Class VI wells, which accelerates the construction of carbon capture projects. If you work in construction, manufacturing, or energy, this could mean faster project timelines and more jobs sooner. The bill also requires the EPA to assign a dedicated coordinator to help states prepare their applications before they are submitted, using funds from the Infrastructure Investment and Jobs Act (IIJA), ensuring the process starts smoothly.

The Catch: Oversight vs. Efficiency

While efficiency is great, the automatic approval mechanism raises some real-world concerns about environmental safety. Class VI wells are used to store CO2 deep underground, and if not properly regulated, there’s a risk of leakage that could contaminate groundwater—the same water we drink. The EPA’s current review process is designed to ensure the state has the necessary technical expertise, resources, and legal framework to manage these potentially high-risk wells. By forcing approval after 210 days, regardless of whether the review is fully complete, the bill prioritizes administrative speed over thorough federal scrutiny. For citizens concerned about water quality or local environmental impact, this means less time for federal experts to vet the state’s program before the state takes the reins.

Furthermore, the bill specifies that the EPA can only deny an application if the state fails to meet established criteria. The EPA cannot deny approval based on adding new requirements that weren't in the original submission or aren't explicitly required by law. This prevents the federal agency from moving the goalposts, which is good for certainty, but it also limits the EPA’s ability to demand stronger protections if new, unforeseen environmental issues arise during the review process.