Compliance and Regulatory Support for PFAS Contamination in New Mexico

PFAS, or per- and polyfluoroalkyl substances, are a large group of manufactured chemicals that persist in the environment and have the potential to harm human health. PFAS have been widely utilized since the 1940s, including in aqueous film forming foam (AFFF) that is used to extinguish flammable liquid-based fires. Various industries have released AFFF to the environment, leading to PFAS-contaminated groundwater and surface waters throughout the country. To combat industrial PFAS contamination from AFFFs in New Mexico, the New Mexico Environmental Department (NMED) enacted a law (bill HB 140) to regulate PFAS in AFFF. NMED engaged ERG to provide compliance and enforcement support.

ERG provided a wide variety of support to NMED, including guidance, documentation, permit reviews, and inspection support. For example, our team met with NMED staff to provide guidance on how to effectively roll out HB140 to various industries, including treatment, storage, and disposal facilities (TSDFs), air force bases, and generators. Our team helped NMED draft a letter to inform TSDFs in the state about the need for permit revisions to include AFFF PFAS as a hazardous waste. We also participated in NMED compliance discussions with state officials and their attorneys, where we delivered a presentation comparing RCRA and CERCLA regulations, and we provided NMED with ideas for utilizing injunctive relief and potential industry violations to leverage enforcement actions. Our team members attended the AW&MA PFAS Remediation Conference in Minneapolis and the Perrin Environmental Risk and PFAS Litigation Conference in New York City on behalf of NMED to learn more about current treatment options, regulations, and litigation efforts concerning PFAS contamination so that we could support NMED in better equipping its enforcement actions. We also developed research and guidance documents for state-driven PFAS programs and regulations, conducted in-depth research into current PFAS treatment options, and provided guidance documents for state and international biosolids application programs that emphasize PFAS contamination. In addition, we provided guidance around state-driven AFFF buy-back programs, and completed technical reviews of NMED’s recently implemented AFFF PFAS regulations. Our team continues to assist NMED by participating in RCRA inspections that include PFAS sampling at surface and groundwater wells, and by completing technical reviews of industry permits related to AFFF PFAS regulations and for overall hazardous waste regulations.