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Environment department raises alarm over chromium plume, WIPP volumes and PFAS rulemaking
Summary
New Mexico Environment Department officials told the committee a chromium plume from Los Alamos has moved off‑site toward Pueblo de San Ildefonso, urged more timely excavation and shipment of legacy waste to WIPP, and outlined PFAS rulemaking that would impose reporting and labeling requirements on manufacturers.
New Mexico Environment Department officials told the Water & Natural Resources committee that groundwater contaminated by hexavalent chromium at Los Alamos National Laboratory has moved off‑site and poses a growing cleanup challenge, and that the state is pressing federal agencies to accelerate waste removal and agree remedial locations.
Deputy Secretary John Roderick described monitoring‑well SIMR‑3 — drilled on Pueblo de San Ildefonso land with the Pueblo's cooperation — and said split samples showed the chromium plume had migrated beyond LANL boundaries. "If you read through the press release, you'll see that, unfortunately, what was found was that the plume of chromium had, had moved off‑site. It is now encroaching on under Pueblo De San Ildefonso," he said.
Roderick explained that the Department of Energy implemented a pump‑and‑treat interim measure that extracts contaminated groundwater, treats it to remove chromium, and reinjects treated water. NMED halted some reinjection in 2023 after monitoring data showed rising chromium levels in deeper wells and convened an independent technical review in 2024. The review largely affirmed NMED's concerns and recommended changes to the groundwater model and alternative injection locations.
Secretary Kenny told the committee that, despite renegotiating WIPP's permit to prioritize legacy cleanup, the volume of waste shipped from Los Alamos has decreased and Idaho National Laboratory has been sending comparatively more waste to WIPP. "WIPP's about 37% full, at this point," Kenny said, and he expressed concern that prioritization and shipment patterns could leave insufficient capacity to remove high‑priority legacy waste from Los Alamos.
Kenny also outlined the department's rulemaking to implement the PFAS Protection Act. He said proposed regulations before the Environmental Improvement Board would create phased prohibitions and exemptions, a process for declaring "currently unavoidable use," reporting requirements for manufacturers, and labeling for products that contain intentionally added PFAS. "We proposed the rule to the EIB on October 8, and we are seeking public comment," Kenny said, adding the department intends to build the reporting process electronically and fund core program costs through fees rather than general appropriations.
Committee members pressed NMED on how much federal funding is available for cleanup and whether dairies and other passive receivers will be treated as responsible parties. Kenny said federal funding is often tied to the cause and that state law includes protections for passive receivers in some contexts, but warned that if EPA conducts sampling under Superfund authority, outcomes could differ.
Lawmakers also sought clarity about permit compliance at WIPP and asked NMED to use the permit's requirement that DOE quantify each generator site's residual legacy waste. Kenny said that permit condition is new and that NMED has obligated DOE to produce those inventories, a prerequisite for prioritizing shipments.
The department requested committee support for various budget items, including funds for staff compensation and water reuse programs. Kenny said nonrecurring requests include $75 million for strategic water supply and brackish‑water projects, and recurring funding to stabilize staff compensation.
