Federal PFAS restrictions could help New Mexico fight pollution
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A suite of water pollutants known as “forever chemicals” could get cleaned up sooner in New Mexico after the federal government sought to provide state authority and reclassify the substances in response to a petition from Gov. Michelle Lujan Grisham.
Per- and polyfluoroalkyl substances (PFAS) are used in myriad industrial and commercial products, are known to break down slowly when released in the environment and cause health problems in people and animals after long-term exposure.
In New Mexico, PFAS were found in groundwater supplies around Cannon and Holloman Air Force bases, likely tied to the use of firefighting foam at those facilities, according to a report from the New Mexico Environment Department (NMED).
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NMED said the releases impacted local dairies, forcing owners to euthanize cows that were contaminated.
That led to legal action between NMED and the Department of Defense which recently challenged the State of New Mexico’s authority to require PFAS be cleaned up under federal law.
The federal government in January 2019 filed a complaint in opposition to language in a state permit for Cannon Air Force Base that included demands the DOD clean up the PFAS contamination as “hazardous waste.”
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NMED filed a lawsuit in March 2019 against the DOD, arguing the agency had a duty to remediate PFAS contamination originating from the base.
And in the Environmental Protection Agency’s Feb. 1 proposal to reclassify PFAS as federal hazardous waste, NMED Cabinet Secretary James Kenney said the State could gain better authority in requiring their clean up.
He said the current law does not clearly specify state and EPA authority to require the pollution be addressed.
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“Here’s what today means: New Mexico just clarified the national regulatory landscape for forever chemicals, one of the most important environmental issues of our time,” Kenney said in a statement upon the EPA’s announcement. “Communities will benefit from these rules which require polluters to clean-up and dispose of toxic PFAS.”
The two proposals would first federally clarify “hazardous waste” as contamination from permitted hazardous waste facilities, and then add PFAS to the list of such hazardous compounds.
That means facilities would be evaluated for potential PFAS contamination, meaning further investigations and remediation could be required by state and federal agencies.
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Agencies could also take corrective actions for PFAS contamination under the proposal, including the treatment, storage or disposal of wastes containing PFAS.
“Managing PFAS contamination under hazardous waste laws is the only sensible way to protect human health and the environment,” said Scott Faber, vice president of government affairs at Environmental Working Group, a non-government organization that address chemical contamination and other environmental issues.
“We applaud the EPA for taking this important step and commend New Mexico for bringing these safeguards to states across the nation.”
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Lujan Grisham said the EPA’s proposal would help New Mexico reduce pollution and ensure polluters take responsibility for their impacts on the health of the state.
In her 2021 petition for stronger PFAS rules, Lujan Grisham wrote that the chemicals presented “imminent and substantial” danger to people and the environment, and federal law lacked language to prevent such impacts.
“States like New Mexico are on the front lines of protecting communities from forever chemicals, and stronger federal regulations are essential in addressing such contamination,” Lujan Grisham said in a statement.
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“EPA’s proposed rules are a direct result of New Mexico’s leadership in holding polluters accountable by treating PFAS like the toxic waste they are.”
In May 2023, New Mexico Attorney General Raul Torrez filed a lawsuit against PFAS manufacturers 3M and DuPont, arguing the companies were responsible for contaminating New Mexico’s water supplies.
The complaint alleged the companies “knowingly marketed and advertised” products containing PFAS known to harm people and the environment, while concealing the potential side effects.
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Torrez called on a court to require companies pay all costs tied to the cleanup of contamination.
“I will not permit our air and water to be polluted or public health to be jeopardized by corporations who care more about quarterly profits than the well-being of our communities,” Torrez said when the suit was filed.
“This lawsuit will change the way large companies do business in our state–they need to know that we are watching and will fight to protect New Mexicans and our natural resources.”
Adrian Hedden can be reached at 575-628-5516, achedden@currentargus.com or @AdrianHedden on the social media platform X.
This article originally appeared on Carlsbad Current-Argus: EPA proposes rules for 'forever chemicals' to aid New Mexico clean up
