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Indiana House Bill HB1553

Indiana 2025 Regular Session

Indiana House Bill HB1553 Compare Versions

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22 Introduced Version
33 HOUSE BILL No. 1553
44 _____
55 DIGEST OF INTRODUCED BILL
66 Citations Affected: IC 13-11-2; IC 13-18-12.
77 Synopsis: PFAS biosolids testing. Prohibits a person from applying
88 biosolids, industrial waste products, or pollutant-bearing waters that
99 contain a concentration of more than 100 parts per billion of one or
1010 more PFAS chemicals to land. Provides that a person that applies
1111 biosolids, industrial waste products, or pollutant-bearing water to land
1212 shall submit samples to the department of environmental management
1313 (department) for testing. Requires a person that applies biosolids,
1414 industrial waste products, or pollutant-bearing water to land to provide
1515 notice of the concentration of PFAS chemicals to all impacted
1616 landowners. Requires the department to test biosolids, industrial waste
1717 products, and pollutant-bearing water for PFAS chemicals. Requires
1818 the department to share data with different state agencies.
1919 Effective: July 1, 2025.
2020 Bauer M
2121 January 21, 2025, read first time and referred to Committee on Environmental Affairs.
2222 2025 IN 1553—LS 7739/DI 150 Introduced
2323 First Regular Session of the 124th General Assembly (2025)
2424 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2525 Constitution) is being amended, the text of the existing provision will appear in this style type,
2626 additions will appear in this style type, and deletions will appear in this style type.
2727 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2828 provision adopted), the text of the new provision will appear in this style type. Also, the
2929 word NEW will appear in that style type in the introductory clause of each SECTION that adds
3030 a new provision to the Indiana Code or the Indiana Constitution.
3131 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
3232 between statutes enacted by the 2024 Regular Session of the General Assembly.
3333 HOUSE BILL No. 1553
3434 A BILL FOR AN ACT to amend the Indiana Code concerning
3535 environmental law.
3636 Be it enacted by the General Assembly of the State of Indiana:
3737 1 SECTION 1. IC 13-11-2-16.9 IS ADDED TO THE INDIANA
3838 2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3939 3 [EFFECTIVE JULY 1, 2025]: Sec. 16.9. (a) "Biosolid", for purposes
4040 4 of IC 13-18-12, means solid, semisolid, or liquid residue generated
4141 5 during the treatment of domestic sewage in a treatment works.
4242 6 Examples of biosolid include, but are not limited to, the following:
4343 7 (1) Scum or solids removed in primary, secondary, or
4444 8 advanced wastewater treatment processes.
4545 9 (2) A material derived from a biosolid.
4646 10 (3) An industrial waste product that contains domestic sewage
4747 11 or material under subdivision (1) or (2).
4848 12 (b) The term does not include ash generated during the firing of
4949 13 biosolid in a biosolid incinerator or grit and screening generated
5050 14 during preliminary treatment of domestic sewage in a treatment
5151 15 works.
5252 16 SECTION 2. IC 13-11-2-109.4 IS ADDED TO THE INDIANA
5353 17 CODE AS A NEW SECTION TO READ AS FOLLOWS
5454 2025 IN 1553—LS 7739/DI 150 2
5555 1 [EFFECTIVE JULY 1, 2025]: Sec. 109.4. "Industrial waste
5656 2 product", for purposes of IC 13-18-12, means the following:
5757 3 (1) Material that meets the following criteria:
5858 4 (A) Is a solid waste as defined in 329 IAC 10-2-174.
5959 5 (B) Does not include material from any processes listed in
6060 6 329 IAC 10-3-1.
6161 7 (C) Is used for a beneficial use as defined in 327
6262 8 IAC 6.1-2-6.
6363 9 (D) Contains one percent (1%) or greater total solids.
6464 10 (2) Solid waste that is not considered biosolid or
6565 11 pollutant-bearing water under this article.
6666 12 SECTION 3. IC 13-11-2-158.1 IS ADDED TO THE INDIANA
6767 13 CODE AS A NEW SECTION TO READ AS FOLLOWS
6868 14 [EFFECTIVE JULY 1, 2025]: Sec. 158.1. (a) "Person that prepares",
6969 15 for purposes of IC 13-18-12, means:
7070 16 (1) the person that generates any biosolid, industrial waste
7171 17 product, or pollutant-bearing water for application to the
7272 18 land or for marketing and distribution and which is regulated
7373 19 under this article; or
7474 20 (2) the person that derives any biosolid, industrial waste
7575 21 product, or pollutant-bearing water for application to the
7676 22 land or for marketing and distribution from another biosolid,
7777 23 industrial waste product, or pollutant-bearing water
7878 24 regulated under this article.
7979 25 (b) The term includes any person that mixes two (2) or more
8080 26 biosolids, industrial waste products, or pollutant-bearing waters.
8181 27 SECTION 4. IC 13-11-2-163.3 IS ADDED TO THE INDIANA
8282 28 CODE AS A NEW SECTION TO READ AS FOLLOWS
8383 29 [EFFECTIVE JULY 1, 2025]: Sec. 163.3. "PFAS chemical", for
8484 30 purposes of IC 13-18-12, refers to the target analytes described in
8585 31 the Draft Method 1633 Analysis of Per- and Polyfluoroalkyl
8686 32 Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue
8787 33 Samples by LC-MS/MS published in August 2021.
8888 34 SECTION 5. IC 13-11-2-164.5 IS ADDED TO THE INDIANA
8989 35 CODE AS A NEW SECTION TO READ AS FOLLOWS
9090 36 [EFFECTIVE JULY 1, 2025]: Sec. 164.5. "Pollutant-bearing water",
9191 37 for purposes of IC 13-18-12, means domestic wastewater,
9292 38 industrial process wastewater, or industrial storm water.
9393 39 SECTION 6. IC 13-18-12-2.5, AS AMENDED BY P.L.250-2019,
9494 40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
9595 41 JULY 1, 2025]: Sec. 2.5. (a) The department and the board may allow
9696 42 a person to use biosolids, industrial waste products, or
9797 2025 IN 1553—LS 7739/DI 150 3
9898 1 pollutant-bearing water in a land application operation or as
9999 2 ingredients in a soil amendment or soil substitute to be land applied if:
100100 3 (1) the:
101101 4 (A) biosolids;
102102 5 (B) industrial waste products; or
103103 6 (C) pollutant-bearing waters;
104104 7 are not hazardous wastes;
105105 8 (2) the biosolids, industrial waste products, or pollutant-bearing
106106 9 waters:
107107 10 (A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
108108 11 (B) otherwise provide a benefit to the process of creating the
109109 12 soil amendments or soil substitute or to the final soil
110110 13 amendment, soil substitute, or material to be land applied,
111111 14 such as bulking;
112112 15 (3) the finished soil amendment, soil substitute, or material to be
113113 16 land applied satisfies the applicable criteria in 327 IAC 6.1;
114114 17 (4) the finished soil amendment, soil substitute, or material to be
115115 18 land applied has a beneficial use;
116116 19 (5) the requirements of subsection (b) are satisfied; and
117117 20 (6) the person pays a permit fee in an amount determined under
118118 21 rules adopted by the board that does not exceed the costs incurred
119119 22 by the department to issue the permit.
120120 23 (b) Subject to the requirements of section 2.7 of this chapter, the
121121 24 department:
122122 25 (1) may allow the use of biosolids, industrial waste products, or
123123 26 pollutant-bearing waters:
124124 27 (A) in a land application operation; or
125125 28 (B) as ingredients in a soil amendment or soil substitute to be
126126 29 land applied;
127127 30 on the same basis as other materials under the rules concerning
128128 31 land application and marketing and distribution permits;
129129 32 (2) may not:
130130 33 (A) discriminate against the use of industrial waste products
131131 34 on the basis that the industrial waste products lack biological
132132 35 carbon;
133133 36 (B) impose requirements beyond applicable criteria in 327
134134 37 IAC 6.1, unless additional requirements are necessary for the
135135 38 protection of human health and the environment;
136136 39 (C) require that the finished soil amendment, soil substitute, or
137137 40 material to be land applied must be of a particular economic
138138 41 value; or
139139 42 (D) for any pollutant that has a pollutant limit or concentration
140140 2025 IN 1553—LS 7739/DI 150 4
141141 1 in 327 IAC 6.1, require that a biosolid, an industrial waste
142142 2 product, or pollutant-bearing water or the finished soil
143143 3 amendment, soil substitute, or material to be land applied
144144 4 satisfies:
145145 5 (i) the department's remediation closure guidance; or
146146 6 (ii) any other standards other than criteria in 327 IAC 6.1;
147147 7 (3) for any pollutant present in the biosolids, industrial waste
148148 8 products, or pollutant-bearing waters that does not have a
149149 9 pollutant limit or concentration in 327 IAC 6.1, shall consider the
150150 10 benefits of the finished soil amendment, soil substitute, or
151151 11 material to be land applied as compared to the measurable risks
152152 12 to human health and the environment based on the anticipated use
153153 13 of the finished soil amendment, soil substitute, or material to be
154154 14 land applied; and
155155 15 (4) shall require an application for a permit for the land
156156 16 application of biosolids, industrial waste products, or
157157 17 pollutant-bearing waters to include characterization of
158158 18 individual industrial waste products at the point of waste
159159 19 generation before mixing the waste streams.
160160 20 (c) The board may adopt rules for pollutant limits or concentrations
161161 21 for pollutants for which limits or concentrations do not exist in 327
162162 22 IAC 6.1 as of July 1, 2011.
163163 23 SECTION 7. IC 13-18-12-2.7 IS ADDED TO THE INDIANA
164164 24 CODE AS A NEW SECTION TO READ AS FOLLOWS
165165 25 [EFFECTIVE JULY 1, 2025]: Sec. 2.7. (a) A person that prepares a
166166 26 biosolid, an industrial waste product, or pollutant-bearing water
167167 27 for a land application operation or as ingredients in a soil
168168 28 amendment or soil substitute applied to the land shall do the
169169 29 following:
170170 30 (1) Submit a sample of all biosolids, industrial waste products,
171171 31 or pollutant-bearing water used:
172172 32 (A) in a land application operation; or
173173 33 (B) as ingredients in a soil amendment or soil substitute
174174 34 applied to the land;
175175 35 to the department for testing.
176176 36 (2) Refrain from distributing biosolids, industrial waste
177177 37 products, or pollutant-bearing water used:
178178 38 (A) in a land application operation; or
179179 39 (B) as ingredients in a soil amendment or soil substitute
180180 40 applied to the land;
181181 41 until the department provides notice that a sample submitted
182182 42 under subdivision (1) does not contain a concentration of
183183 2025 IN 1553—LS 7739/DI 150 5
184184 1 more than one hundred (100) parts per billion of one (1) or
185185 2 more PFAS chemicals.
186186 3 (b) A person applying biosolids, industrial waste products, or
187187 4 pollutant-bearing water in a land application operation or as
188188 5 ingredients in a soil amendment or soil substitute applied to the
189189 6 land that contains a concentration between twenty (20) and
190190 7 ninety-nine (99) parts per billion of one (1) or more PFAS
191191 8 chemicals shall either:
192192 9 (1) apply the materials at a rate of one and one-half (1.5) dry
193193 10 tons per acre; or
194194 11 (2) submit an alternative risk mitigation strategy plan to the
195195 12 department fourteen (14) days in advance of application.
196196 13 (c) A person shall not use:
197197 14 (1) a biosolid;
198198 15 (2) an industrial waste product; or
199199 16 (3) pollutant-bearing water;
200200 17 that contains a concentration of more than one hundred (100) parts
201201 18 per billion of one (1) or more PFAS chemicals in a land application
202202 19 operation or as ingredients in a soil amendment or soil substitute
203203 20 applied to the land.
204204 21 (d) Before a land application operation begins, a person that
205205 22 applies:
206206 23 (1) biosolids;
207207 24 (2) industrial waste products; or
208208 25 (3) pollutant-bearing water;
209209 26 to land shall inform each landowner impacted by the application
210210 27 of the concentration of PFAS chemicals present in materials
211211 28 applied to the land.
212212 29 (e) A person that distributes a biosolid, an industrial waste
213213 30 product, or pollutant-bearing water for land application shall
214214 31 include a warning label directly on or affixed to the container that
215215 32 includes:
216216 33 (1) the concentration of PFAS chemicals present in the
217217 34 material; and
218218 35 (2) this statement, "THIS PRODUCT CONTAINS A PFAS
219219 36 CHEMICAL".
220220 37 SECTION 8. IC 13-18-12-2.9 IS ADDED TO THE INDIANA
221221 38 CODE AS A NEW SECTION TO READ AS FOLLOWS
222222 39 [EFFECTIVE JULY 1, 2025]: Sec. 2.9. (a) The department shall do
223223 40 the following:
224224 41 (1) Test all biosolids, industrial waste products, and
225225 42 pollutant-bearing water used:
226226 2025 IN 1553—LS 7739/DI 150 6
227227 1 (A) in a land application operation; or
228228 2 (B) as ingredients in a soil amendment or soil substitute
229229 3 applied to the land;
230230 4 for PFAS chemicals once per year.
231231 5 (2) Store and collect data under subdivision (1).
232232 6 (3) Establish an inspection and testing program to carry out
233233 7 subdivision (1).
234234 8 (4) Test all samples in compliance with 40 CFR 136.
235235 9 (5) Share test results with the person that submitted the
236236 10 sample to the department not later than thirty (30) days after
237237 11 the sample is submitted to the department.
238238 12 (6) Share data collected under this section with an agency that
239239 13 requests the data collected under this section.
240240 14 (7) Establish a quarterly inspection of a person's supply of
241241 15 biosolids, industrial waste products, and pollutant-bearing
242242 16 water used:
243243 17 (A) in a land application operation; or
244244 18 (B) as ingredients in a soil amendment or soil substitute
245245 19 applied to the land;
246246 20 with a concentration of less than twenty (20) parts per billion
247247 21 of one (1) or more PFAS chemicals.
248248 22 (8) Establish a program to treat or dispose of biosolids,
249249 23 industrial waste products, or pollutant-bearing water that
250250 24 contains a concentration of more than one hundred (100)
251251 25 parts per billion of one (1) or more PFAS chemicals.
252252 26 (9) Advise a person that submits on alternative risk mitigation
253253 27 strategy under section 2.7 of this chapter.
254254 28 (b) The department may contract with a third party to carry out
255255 29 one (1) or more of the requirements in subsection (a).
256256 30 (c) The department shall pay the expenses of testing samples
257257 31 collected under this section.
258258 32 (d) The department shall adopt rules under IC 4-22-2 to
259259 33 implement this section.
260260 34 SECTION 9. [EFFECTIVE JULY 1, 2025] (a) The Indiana
261261 35 department of environmental management shall amend any rules
262262 36 adopted under IC 13-18-12-4 to comply with changes made under
263263 37 this act.
264264 38 (b) This SECTION expires July 1, 2030.
265265 2025 IN 1553—LS 7739/DI 150