EPA to make PFAS rule changes
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Oct. 26—SANTA FE — The U.S. Environmental Protection Agency will move forward with a nationally significant rule to change how per- and polyfluoroalkyl substances (PFAS) are managed and cleaned up under federal law, according to a release from Gov. Michelle Lujan Grisham's office.
The EPA sent a response letter Tuesday to a June petition from the governor, detailing its intention to list several PFAS chemicals as hazardous constituents under the federal Resource Conservation and Recovery Act (RCRA). The letter was included in the Tuesday release from the governor's office.
The EPA will also propose a second rule to broadly clarify that states can require clean-up of any waste that meets the RCRA statutory definition of a hazardous waste.
"I applaud Administrator (Michael S.) Regan for affirming my petition and empowering states to follow New Mexico's lead in holding PFAS polluters accountable," Lujan Grisham said. "But the fight is not over. New Mexico will continue to lead on the issue of PFAS contamination — because everyone deserves to live in a community free of environmental contamination."
Cannon Air Force Base is one of more than 100 military installations dealing with ramifications of the chemicals, which were used in firefighting foam for decades by military fire departments.
The state has attempted to require the Department of Defense to clean up the contamination, and has been met with a lawsuit challenging the state's authority in such matters.
The state's position is furthered by the EPA's partial grant of Lujan Grisham's petition and the clarification that all states can regulate PFAS as a hazardous waste.
The governor's petition requested the EPA either list all PFAS chemicals as hazardous wastes in the RCRA or individually list them.
"EPA's intention to list several PFAS chemicals as hazardous constituents allows all states to require clean-up of these toxic chemicals under their EPA-authorized hazardous waste programs," New Mexico Environment Department Cabinet Secretary James Kenney said in the release. "It's time for the Department of Defense to respect state authority and comply with our rules as affirmed by the U.S. EPA."
An inquiry to the Department of Defense wasn't immediately returned by press time.
