New Mexico Enacts Law to Regulate PFAS Firefighting Foams and Hold Polluters Accountable

Governor Michelle Lujan Grisham has signed House Bill 140 (HB 140) into law, granting New Mexico expanded authority to regulate per- and polyfluoroalkyl substances (PFAS)—specifically those found in aqueous film-forming foam (AFFF) used for firefighting. The legislation aims to shift the financial burden of PFAS contamination cleanup from taxpayers to polluters, addressing long-standing environmental and health concerns.

Legislative Timeline

• Introduced: January 28, 2025
• Passed House: March 6, 2025 (63–0)
• Passed Senate: March 20, 2025 (35–7)
• Signed into Law: April 8, 2025

Key Provisions of HB 140

The bill amends New Mexico's Hazardous Waste Act to classify discarded firefighting foam containing PFAS as hazardous waste. This enables the New Mexico Environment Department (NMED) to regulate its storage, disposal, and destruction more strictly.

Who Must Comply?

The new law affects a broad range of entities, including:

• Municipal, volunteer, and industrial fire departments
• Airports using PFAS foams for aircraft rescue operations
• Industrial facilities such as refineries and chemical plants
• Military bases operating in New Mexico
• Private companies with PFAS-based fire suppression systems
• Storage sites housing AFFF
• Hazardous waste handlers and disposal companies
• State and local emergency response agencies

Usage Restrictions and Inventory Reporting

• PFAS foams may only be used in real emergencies, not in training exercises
• All entities must report PFAS foam inventories to the state
• Improper disposal or unauthorized use can result in enforcement actions

Regulatory and Legal Framework

• The Environmental Improvement Board (EIB) is authorized to develop detailed rules for PFAS foam management
• NMED is empowered to enforce cleanup of contaminated sites, including military installations
• Even if the federal government does not classify AFFF as hazardous waste, New Mexico's designation remains legally binding

Exemptions and Protections

The law exempts agricultural runoff and maintains existing protections for farmers and non-polluting parties, aligning with federal agricultural waste exemptions.

Fiscal Impact

By shifting liability to polluters, HB 140 reduces cleanup costs for taxpayers and strengthens the state’s legal position in holding responsible parties accountable.

Reference: House Bill 140