PFAS rule cut is out, as of now, but you never know at statehouse until session is over

Toxic PFAS "forever" chemicals are a known problem all across the country. Indiana is no exception. There are multiple water systems and military sites in the state where contamination from the chemicals has been detected.

And yet, lawmakers on Wednesday resurrected language from a previously dead bill that experts say could put Hoosiers at risk from additional PFAS contamination in the future.

Just one day later, that language appears to have been stripped out and the push to cut PFAS protections is again dead. But those involved with the legislative process said it could be revived once more before the 2024 session concludes in the coming days — it's not over until it's over.

During a conference committee meeting Wednesday, lawmakers amended House Bill 1329 to include language from House Bill 1399, the PFAS-related bill that had failed to pass out of the Senate Environmental Affairs Committee earlier in the session. Then in a Conference Committee Report filed Thursday, the language was removed.

Forever chemicals: Indiana bill cutting protections from toxic PFAS chemicals appears to die in committee

If approved, the legislation would change — in Indiana only — the definition of PFAS that is widely accepted by the scientific community, federal government and essentially every other state. That definition of per- and polyfluoroalkyl substances recognizes they are toxic chemicals that are dangerous to human health, accumulate in nature and people’s bodies, and take thousands of years to break down.

If this language remains in its new home, these chemicals deemed harmful in every other state will no longer be considered dangerous in Indiana. In fact, they wouldn't even be recognized as PFAS.

More than 100 scientists have expressed concerns about this bill language and the public health risks it creates, which have been echoed by several politicians opposing the effort.

"[Hoosiers] do not deserve this body deciding to dismiss facts and science on their behalf," said Sen. Shelli Yoder, D-Bloomington. "Now, anyone trying to be more conscientious about the items they use in our state will have to navigate a terrain of lies green-lit by the law."

Here are four examples of where PFAS has already caused known pollution problems across Indiana:

Grissom Air Force Base

Very high levels of several different PFAS chemicals have been detected in the groundwater in recent years on the Grissom base, roughly 75 miles north of Indianapolis. The source of the contamination is believed to be from firefighting foam, which has historically been used for training and fuel fires.

There also is a stream — Little Deer Creek — near the base that is closed to fishing due to high levels, according to an advisory. This creek is believed to be contaminated from firefighting foam runoff from the military base, though a PFAS-free alternative foam is now in use. That creek later joins up with the Wabash River.

Rolls Royce Indianapolis

A clean-up is currently underway for contamination at the Rolls-Royce property in Indianapolis, which is a turbine engine manufacturing facility on the city's southwest side.

During sampling of on-site groundwater in 2020, PFAS chemicals — which were used for fire suppression and plating operations — were identified in the tests. According to the U.S. Environmental Protection Agency, the impacts of the contamination are limited to the facility and Rolls Royce will continue to do additional sampling to monitor their presence.

Water Utilities: Columbus, Elkhart, etc.

There are several water utilities across the state that have PFAS levels in their treated water that are above federal health guidelines. That includes utilities serving the cities of Logansport, Columbus, Elkhart and South Bend, according to data collected in recent years. Combined, these utilities serve hundreds of thousands of Hoosiers.

PFAS legislation: Indiana bill cutting protections from toxic forever chemicals gets resurrected

The EPA is currently finalizing rules that would be a first for regulating PFAS in drinking water. The rule would set enforceable levels for a handful of PFAS. If those levels are detected, water utilities would be required to take action to clean-up the water.

In many of these cities it is not clear the specific source for the PFAS contamination, it could be from a nearby industrial operation or leaching from the breakdown of PFAS-laden waste in landfills.

Treaty Creek near Wabash

The Indiana Department of Environmental Management currently has an ongoing clean-up of Treaty Creek outside the town of Wabash. Very high levels of PFAS have been detected in some private drinking water wells along the creek, according to testing conducted by the agency. No specific source for the contamination has been identified or made public at this time.

Water filtration systems have been installed in homes where the PFAS exceeded safe levels.

Call IndyStar reporter Sarah Bowman at 317-444-6129 or email at [email protected]. Follow her on Twitter and Facebook: @IndyStarSarah. Connect with IndyStar’s environmental reporters: Join The Scrub on Facebook.

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This article originally appeared on Indianapolis Star: Is it in or out? PFAS rule change in limbo as legislature winds down