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House passes bill to classify firefighting foam as hazardous waste, clearing path for PFAS cleanup
Summary
Lawmakers approved a bill adding certain firefighting foams containing intentionally added PFAS to the state hazardous waste framework, giving state regulators clearer authority to require cleanup and pursue cost recovery from polluters including federal actors.
The House on final passage approved House Energy and Natural Resources Committee substitute for House Bill 140, a measure amending New Mexico’s hazardous waste law to allow regulation of aqueous film‑forming foam (AFFF) that contains intentionally added PFAS and to narrow how the Environmental Improvement Board may list hazardous wastes beyond the U.S. EPA list.
Supporters said the change responds to repeated PFAS contamination near military bases and airports, where firefighting foam has seeped into groundwater and damaged livestock and local water supplies. “PFAS has been linked to increased risk of kidney and testicular cancer,” said Secretary Kenny of the New Mexico Environment Department (NMED) during floor debate, citing health concerns the department associates with the chemicals. The bill clarifies that discarded AFFF with intentionally added PFOS is hazardous waste and directs the Environmental Improvement Board (EIB) to issue narrowly focused rules to address foam contamination.
Proponents told the House the measure was written to avoid unintended consequences for agriculture and oil and gas by exempting agricultural wastes and limiting the scope to discarded firefighting foam and EPA‑listed wastes. The sponsor said the committee and stakeholders negotiated an amendment that reinstated language tying the EIB’s authority to the federal EPA list while separately listing discarded AFFF containing intentionally added PFAS as hazardous waste.
Several members pressed staff and the bill sponsor on technical definitions, enforcement mechanisms and how the change would help the state recover cleanup costs. NMED officials told legislators the department has spent roughly $12 million on PFAS studies and said the new statutory authority would improve the state’s ability to seek cost recovery from responsible parties. Members also asked whether existing cleanup standards would apply; NMED indicated the Department of Defense’s own cleanup standards would be part of the enforcement dialogue once the rulemaking process begins.
The bill drew extensive debate on the House floor over definitional language and the reach of rulemaking authority, with supporters stressing that the measure is narrowly tailored to foam waste and opponents, at times, urging further review to avoid regulatory ambiguity. A floor amendment adopted before final passage narrowed the bill’s language, explicitly exempted agricultural waste from EIB listing and limited the new EIB rulemaking authority to discarded AFFF with intentionally added PFOS.
The House approved HB140 as amended by voice and recorded votes; a roll call on final passage showed 63 in favor, 0 opposed.
Implementation of the law relies on forthcoming EIB rulemaking and coordination between NMED and federal agencies. Supporters said the change aims to improve the state’s footing in negotiations and litigation meant to recover cleanup costs from federal and private polluters.
Ending: With passage, the measure now moves to the Senate, where sponsors said they will seek the same narrow drafting and the department expects to begin rulemaking to define specific regulatory standards for foam‑related PFAS waste.
