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-containing AFFF as a hazardous waste. NMED engaged ERG to provide compliance and regulatory support.

Under an ongoing contract, ERG has been providing NMED with a wide variety of support, including guidance documentation, permit reviews, and inspection support. Following HB 140 enactment, we provided guidance to NMED on how to effectively roll out HB140 to various industries, including treatment, storage, and disposal facilities (TSDFs); air force bases; and generators. Our team then helped NMED draft a letter to inform TSDFs in the state about the potential permit revisions needed to include PFAS-containing AFFF 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 provided follow-up guidance documentation. We provided NMED with ideas for enforcement actions by utilizing injunctive relief and potential industry violations related to a facility’s RCRA TSDF permit. We also conducted in-depth research into current PFAS treatment options; provided guidance for state-driven AFFF buy-back programs; developed guidance documents for state-driven PFAS programs and regulations; and provided guidance around state biosolids application programs that emphasize PFAS contamination. Our regulatory support has included a technical review of NMED’s PFAS-containing AFFF regulation and support for developing NMED’s HB 212 regulation, which limits the use of PFAS-containing AFFF and other PFAS-containing commercial products. Under the ongoing contract, ERG’s team continues to provide inspection and permit review support, as well as any other relevant support requested by NMED.