Introduced Version
HOUSE BILL No. 1553
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 13-11-2; IC 13-18-12.
Synopsis: PFAS biosolids testing. Prohibits a person from applying
biosolids, industrial waste products, or pollutant-bearing waters that
contain a concentration of more than 100 parts per billion of one or
more PFAS chemicals to land. Provides that a person that applies
biosolids, industrial waste products, or pollutant-bearing water to land
shall submit samples to the department of environmental management
(department) for testing. Requires a person that applies biosolids,
industrial waste products, or pollutant-bearing water to land to provide
notice of the concentration of PFAS chemicals to all impacted
landowners. Requires the department to test biosolids, industrial waste
products, and pollutant-bearing water for PFAS chemicals. Requires
the department to share data with different state agencies.
Effective: July 1, 2025.
Bauer M
January 21, 2025, read first time and referred to Committee on Environmental Affairs.
2025 IN 1553—LS 7739/DI 150 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1553
A BILL FOR AN ACT to amend the Indiana Code concerning
environmental law.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 13-11-2-16.9 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 16.9. (a) "Biosolid", for purposes
4 of IC 13-18-12, means solid, semisolid, or liquid residue generated
5 during the treatment of domestic sewage in a treatment works.
6 Examples of biosolid include, but are not limited to, the following:
7 (1) Scum or solids removed in primary, secondary, or
8 advanced wastewater treatment processes.
9 (2) A material derived from a biosolid.
10 (3) An industrial waste product that contains domestic sewage
11 or material under subdivision (1) or (2).
12 (b) The term does not include ash generated during the firing of
13 biosolid in a biosolid incinerator or grit and screening generated
14 during preliminary treatment of domestic sewage in a treatment
15 works.
16 SECTION 2. IC 13-11-2-109.4 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
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1 [EFFECTIVE JULY 1, 2025]: Sec. 109.4. "Industrial waste
2 product", for purposes of IC 13-18-12, means the following:
3 (1) Material that meets the following criteria:
4 (A) Is a solid waste as defined in 329 IAC 10-2-174.
5 (B) Does not include material from any processes listed in
6 329 IAC 10-3-1.
7 (C) Is used for a beneficial use as defined in 327
8 IAC 6.1-2-6.
9 (D) Contains one percent (1%) or greater total solids.
10 (2) Solid waste that is not considered biosolid or
11 pollutant-bearing water under this article.
12 SECTION 3. IC 13-11-2-158.1 IS ADDED TO THE INDIANA
13 CODE AS A NEW SECTION TO READ AS FOLLOWS
14 [EFFECTIVE JULY 1, 2025]: Sec. 158.1. (a) "Person that prepares",
15 for purposes of IC 13-18-12, means:
16 (1) the person that generates any biosolid, industrial waste
17 product, or pollutant-bearing water for application to the
18 land or for marketing and distribution and which is regulated
19 under this article; or
20 (2) the person that derives any biosolid, industrial waste
21 product, or pollutant-bearing water for application to the
22 land or for marketing and distribution from another biosolid,
23 industrial waste product, or pollutant-bearing water
24 regulated under this article.
25 (b) The term includes any person that mixes two (2) or more
26 biosolids, industrial waste products, or pollutant-bearing waters.
27 SECTION 4. IC 13-11-2-163.3 IS ADDED TO THE INDIANA
28 CODE AS A NEW SECTION TO READ AS FOLLOWS
29 [EFFECTIVE JULY 1, 2025]: Sec. 163.3. "PFAS chemical", for
30 purposes of IC 13-18-12, refers to the target analytes described in
31 the Draft Method 1633 Analysis of Per- and Polyfluoroalkyl
32 Substances (PFAS) in Aqueous, Solid, Biosolids, and Tissue
33 Samples by LC-MS/MS published in August 2021.
34 SECTION 5. IC 13-11-2-164.5 IS ADDED TO THE INDIANA
35 CODE AS A NEW SECTION TO READ AS FOLLOWS
36 [EFFECTIVE JULY 1, 2025]: Sec. 164.5. "Pollutant-bearing water",
37 for purposes of IC 13-18-12, means domestic wastewater,
38 industrial process wastewater, or industrial storm water.
39 SECTION 6. IC 13-18-12-2.5, AS AMENDED BY P.L.250-2019,
40 SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
41 JULY 1, 2025]: Sec. 2.5. (a) The department and the board may allow
42 a person to use biosolids, industrial waste products, or
2025 IN 1553—LS 7739/DI 150 3
1 pollutant-bearing water in a land application operation or as
2 ingredients in a soil amendment or soil substitute to be land applied if:
3 (1) the:
4 (A) biosolids;
5 (B) industrial waste products; or
6 (C) pollutant-bearing waters;
7 are not hazardous wastes;
8 (2) the biosolids, industrial waste products, or pollutant-bearing
9 waters:
10 (A) have a beneficial use (as defined in 327 IAC 6.1-2-6); or
11 (B) otherwise provide a benefit to the process of creating the
12 soil amendments or soil substitute or to the final soil
13 amendment, soil substitute, or material to be land applied,
14 such as bulking;
15 (3) the finished soil amendment, soil substitute, or material to be
16 land applied satisfies the applicable criteria in 327 IAC 6.1;
17 (4) the finished soil amendment, soil substitute, or material to be
18 land applied has a beneficial use;
19 (5) the requirements of subsection (b) are satisfied; and
20 (6) the person pays a permit fee in an amount determined under
21 rules adopted by the board that does not exceed the costs incurred
22 by the department to issue the permit.
23 (b) Subject to the requirements of section 2.7 of this chapter, the
24 department:
25 (1) may allow the use of biosolids, industrial waste products, or
26 pollutant-bearing waters:
27 (A) in a land application operation; or
28 (B) as ingredients in a soil amendment or soil substitute to be
29 land applied;
30 on the same basis as other materials under the rules concerning
31 land application and marketing and distribution permits;
32 (2) may not:
33 (A) discriminate against the use of industrial waste products
34 on the basis that the industrial waste products lack biological
35 carbon;
36 (B) impose requirements beyond applicable criteria in 327
37 IAC 6.1, unless additional requirements are necessary for the
38 protection of human health and the environment;
39 (C) require that the finished soil amendment, soil substitute, or
40 material to be land applied must be of a particular economic
41 value; or
42 (D) for any pollutant that has a pollutant limit or concentration
2025 IN 1553—LS 7739/DI 150 4
1 in 327 IAC 6.1, require that a biosolid, an industrial waste
2 product, or pollutant-bearing water or the finished soil
3 amendment, soil substitute, or material to be land applied
4 satisfies:
5 (i) the department's remediation closure guidance; or
6 (ii) any other standards other than criteria in 327 IAC 6.1;
7 (3) for any pollutant present in the biosolids, industrial waste
8 products, or pollutant-bearing waters that does not have a
9 pollutant limit or concentration in 327 IAC 6.1, shall consider the
10 benefits of the finished soil amendment, soil substitute, or
11 material to be land applied as compared to the measurable risks
12 to human health and the environment based on the anticipated use
13 of the finished soil amendment, soil substitute, or material to be
14 land applied; and
15 (4) shall require an application for a permit for the land
16 application of biosolids, industrial waste products, or
17 pollutant-bearing waters to include characterization of
18 individual industrial waste products at the point of waste
19 generation before mixing the waste streams.
20 (c) The board may adopt rules for pollutant limits or concentrations
21 for pollutants for which limits or concentrations do not exist in 327
22 IAC 6.1 as of July 1, 2011.
23 SECTION 7. IC 13-18-12-2.7 IS ADDED TO THE INDIANA
24 CODE AS A NEW SECTION TO READ AS FOLLOWS
25 [EFFECTIVE JULY 1, 2025]: Sec. 2.7. (a) A person that prepares a
26 biosolid, an industrial waste product, or pollutant-bearing water
27 for a land application operation or as ingredients in a soil
28 amendment or soil substitute applied to the land shall do the
29 following:
30 (1) Submit a sample of all biosolids, industrial waste products,
31 or pollutant-bearing water used:
32 (A) in a land application operation; or
33 (B) as ingredients in a soil amendment or soil substitute
34 applied to the land;
35 to the department for testing.
36 (2) Refrain from distributing biosolids, industrial waste
37 products, or pollutant-bearing water used:
38 (A) in a land application operation; or
39 (B) as ingredients in a soil amendment or soil substitute
40 applied to the land;
41 until the department provides notice that a sample submitted
42 under subdivision (1) does not contain a concentration of
2025 IN 1553—LS 7739/DI 150 5
1 more than one hundred (100) parts per billion of one (1) or
2 more PFAS chemicals.
3 (b) A person applying biosolids, industrial waste products, or
4 pollutant-bearing water in a land application operation or as
5 ingredients in a soil amendment or soil substitute applied to the
6 land that contains a concentration between twenty (20) and
7 ninety-nine (99) parts per billion of one (1) or more PFAS
8 chemicals shall either:
9 (1) apply the materials at a rate of one and one-half (1.5) dry
10 tons per acre; or
11 (2) submit an alternative risk mitigation strategy plan to the
12 department fourteen (14) days in advance of application.
13 (c) A person shall not use:
14 (1) a biosolid;
15 (2) an industrial waste product; or
16 (3) pollutant-bearing water;
17 that contains a concentration of more than one hundred (100) parts
18 per billion of one (1) or more PFAS chemicals in a land application
19 operation or as ingredients in a soil amendment or soil substitute
20 applied to the land.
21 (d) Before a land application operation begins, a person that
22 applies:
23 (1) biosolids;
24 (2) industrial waste products; or
25 (3) pollutant-bearing water;
26 to land shall inform each landowner impacted by the application
27 of the concentration of PFAS chemicals present in materials
28 applied to the land.
29 (e) A person that distributes a biosolid, an industrial waste
30 product, or pollutant-bearing water for land application shall
31 include a warning label directly on or affixed to the container that
32 includes:
33 (1) the concentration of PFAS chemicals present in the
34 material; and
35 (2) this statement, "THIS PRODUCT CONTAINS A PFAS
36 CHEMICAL".
37 SECTION 8. IC 13-18-12-2.9 IS ADDED TO THE INDIANA
38 CODE AS A NEW SECTION TO READ AS FOLLOWS
39 [EFFECTIVE JULY 1, 2025]: Sec. 2.9. (a) The department shall do
40 the following:
41 (1) Test all biosolids, industrial waste products, and
42 pollutant-bearing water used:
2025 IN 1553—LS 7739/DI 150 6
1 (A) in a land application operation; or
2 (B) as ingredients in a soil amendment or soil substitute
3 applied to the land;
4 for PFAS chemicals once per year.
5 (2) Store and collect data under subdivision (1).
6 (3) Establish an inspection and testing program to carry out
7 subdivision (1).
8 (4) Test all samples in compliance with 40 CFR 136.
9 (5) Share test results with the person that submitted the
10 sample to the department not later than thirty (30) days after
11 the sample is submitted to the department.
12 (6) Share data collected under this section with an agency that
13 requests the data collected under this section.
14 (7) Establish a quarterly inspection of a person's supply of
15 biosolids, industrial waste products, and pollutant-bearing
16 water used:
17 (A) in a land application operation; or
18 (B) as ingredients in a soil amendment or soil substitute
19 applied to the land;
20 with a concentration of less than twenty (20) parts per billion
21 of one (1) or more PFAS chemicals.
22 (8) Establish a program to treat or dispose of biosolids,
23 industrial waste products, or pollutant-bearing water that
24 contains a concentration of more than one hundred (100)
25 parts per billion of one (1) or more PFAS chemicals.
26 (9) Advise a person that submits on alternative risk mitigation
27 strategy under section 2.7 of this chapter.
28 (b) The department may contract with a third party to carry out
29 one (1) or more of the requirements in subsection (a).
30 (c) The department shall pay the expenses of testing samples
31 collected under this section.
32 (d) The department shall adopt rules under IC 4-22-2 to
33 implement this section.
34 SECTION 9. [EFFECTIVE JULY 1, 2025] (a) The Indiana
35 department of environmental management shall amend any rules
36 adopted under IC 13-18-12-4 to comply with changes made under
37 this act.
38 (b) This SECTION expires July 1, 2030.
2025 IN 1553—LS 7739/DI 150