Boy celebrates the downfall of harmful PFAS definition

Two weeks ago, the Senate Committee on Environmental Affairs did not call down House Bill 1399, a bill that sought to define three chemicals used in manufacturing in Indiana, known as PFAS, into a section of Indiana law. Since HB 1399 was not granted a committee hearing, it was effectively dead. Due to an arcane process that allows language that passed out of one Chamber, but failed in the other, to be brought back during final negotiations. The provision in HB 1399 was added into House Bill 1329 yesterday. Less than 48 hours later, the language was removed and the chemical companies' PFAS carve-out is not moving forward.

State Rep. Pat Boy (D-Michigan City) released the following statement:

“To make it perfectly clear, there are no PFAS chemicals truly of ‘low concern'. All PFAS chemicals are or will become toxic, and they pose serious risks to our health and environmental well-being. This year, House Republicans attempted to pass a legal definition that designates only three forms of the chemicals known as PFAS. These three forms are non-polymeric, the smallest molecules, which are the most easily absorbed. 

“The Agency for Toxic Substance and Disease Registry, an agency of the CDC, has determined that PFAS can migrate into soil, water, and air. The action of these smaller, non-polymeric PFAS molecules are the most easily ingested by animals and humans. They have been found in fish, whales, and us – humans. Other polymeric PFAS are much larger molecules and are often created by the smaller non-polymeric molecules. Some are used in baby mats, car seats, snack packaging, waterproof clothing, stain-resistant carpeting, some non-stick cookware, and other products. But after use, or laundering, or vacuuming, these larger particles eventually break down through microbial or environmental action, becoming the smaller non-polymer molecules once again.

“Studies have revealed that exposure to PFAS may result in altered immune and thyroid function, liver and insulin dysregulation, kidney disease, adverse reproductive and developmental outcomes, and cancer. There is still much unknown about the effects of PFAS since most have yet to be tested. These chemicals act the way microplastics do, persisting in our bodies and the environment virtually forever – thus the name, ‘forever chemicals.’

“I'm happy that the original bill died, and that they failed to add this language to yet another bill. This definition will not be codified in Indiana law. If they had only stated that the three chemicals were a necessity for essential products, there would have been no law needed because we had no standard definition for PFAS, but they went at it from the wrong perspective.”

Boy’s attempt to increase environmental protections blocked by House Republicans

During the 2024 legislative session, State Rep. Pat Boy (D- Michigan City) proposed two bills to increase Indiana’s environmental protections. House Bill 1404 outlaws the use of coal fly ash as structural fill. House Bill 1403 redefines the vague, legal classification of Indiana’s wetlands to further ensure their protection. Both bills were referred to the House Committee of Environmental Affairs where they were denied a hearing.  

“I’m devastated that my environmental bills were blocked,” Boy said. “Indiana is one of the worst in the nation for pollution and water quality. I live close to Lake Michigan, and I’ve noticed a decline in our natural ecosystem. I proposed both of these bills because of their direct need in Northern Indiana.  

“Coal ash regulations are something my district desperately wants – especially the Town of Pines. They authored a letter to the Environmental Protection Agency (EPA) urging them to ban using toxic coal ash as structural fill. Many of the buildings in Pines were built using coal fly ash. The structural fill contains arsenic, lead, cobalt and some toxic chemicals that are radioactive. I’ve offered bills regulating coal ash each year since 2021. They’ve been blocked every time. I find the legislature's lack of environmental action extremely concerning. 

“Instead, we regressed this session by eliminating wetland and Per -and Polyfluorinated Substances (PFAS) regulations. The House passed HB 1383 eliminating some protections for our Class 3 wetlands, and HB 1399 potentially allows PFAS chemicals to be used for research and development pending Indiana Department of Environmental Management (IDEM) rules. We had the opportunity to promote the well-being of our environment and residents, but House Republicans did the opposite. I stand by the value these protections would provide to Hoosiers, and I will continue fighting for an eco-friendly Indiana.”