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Feds to give New Mexico teeth in enforcing cleanup of PFAS water pollution

PFAS to be listed as 'hazardous' under federal law, allowing states to require mitigation measures

Adrian Hedden
Carlsbad Current-Argus

States like New Mexico that struggle with industrial water contamination could soon require clean up after the federal government announced it would list several pollutants as hazardous material.

The chemicals, all classified as per- or polyfluoroalkyl (PFAS) substances, are often found contaminating groundwater sources from industrial activities like oil and gas, agriculture or manufacturing.

In New Mexico PFAS were found in groundwater plumes at Holloman Air Force base in Otero County and at Canon Air Force Base in Curry County, the result of a firefighting foam used on the bases by the U.S. Department of Defense.

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The man-made substances, known as “forever chemicals,” are believed to never break down in the environment and are known to cause health problems like cancer and neurological disorders from long-term exposure.

State environmental regulators also had concerns agricultural activities in eastern New Mexico could lead to further PFAS contamination and recently began investigating wells in Curry and Roosevelt counties for presence of the substances.

PFAs were also deemed a result of hydraulic fracturing, a modern oil and gas drilling technique widely used in southeast New Mexico’s Permian Basin region, per a report published earlier this year from Physicians for Social Responsibility.

More:Report: Oil and gas fracking in New Mexico could contaminate water with 'forever chemicals'

New Mexico state leaders, including Gov. Michelle Lujan Grisham and Environment Sec. James Kenney both advocated the federal government list PFAS as hazardous under federal law, arming states with a lever to require their cleanup.

The U.S. Environmental Protection Agency in a letter to Lujan Grisham from EPA Administrator Michael Regan informed the governor of its plan to do so under the Resource Conservation and Recovery Act (RCRA).

The letter was in response to a petition from Lujan Grisham earlier this year that the EPA list all PFAS chemicals as hazardous. 

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The EPA also planned to propose a rule that would specifically define states’ rights to require mitigation of any waste deemed hazardous under RCRA.

The State of New Mexico was embroiled in litigation with the DOD over the State’s authority to require the federal agency clean up its PFAS waste, and the decision by the EPA, Lujan Grisham said, could help her state address the pollution.

In this July 29, 2021, file photo New Mexico Gov. Michelle Lujan Grisham speaks at a news conference in Santa Fe.

“I applaud Administrator Regan for affirming my petition and empowering states to follow New Mexico’s lead in holding PFAS polluters accountable,” she said. “But the fight is not over. New Mexico will continue to lead on the issue of PFAS contamination – because everyone deserves to live in a community free of environmental contamination.”

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Kenney said the move would force the DOD to follow New Mexico regulations and take responsibility for the problem, while creating a standard legal means for states to do so.

“EPA’s intention to list several PFAS chemicals as hazardous constituents allows all states to require clean-up of these toxic chemicals under their EPA-authorized hazardous waste programs,” he said. “It’s time for the Department of Defense to respect state authority and comply with our rules as affirmed by the U.S. EPA.”

In a statement, Regan said the move was intended to see the federal government collaborating with local and state leaders to address pollution and protect Americans from dangerous chemicals.

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FILE - In this May 12, 2021, file photo, Environmental Protection Agency administrator Michael Regan speaks during a press briefing at the White House in Washington. The Biden administration is launching a wide-ranging strategy to regulate toxic industrial compounds associated with serious health conditions that are used in products ranging from cookware to carpets and firefighting foams. Regan said the agency is taking a series of actions to limit pollution from a cluster of long-lasting chemicals known as PFAS that are increasingly turning up in public drinking water systems, private wells and even food. (AP Photo/Evan Vucci, File)

“We can only make progress for communities suffering from PFAS pollution if we work collaboratively across levels of government and harness our collective resources and authority,” he said. “Today, we are taking important steps toward developing new scientific approaches to confront these dangerous chemicals and strengthening the ability to clean up PFAS contamination.”

Earlier this month, the EPA announced its plans to address PFAS in a “road map” that set multiple timelines for the agency to devise new policies intended to address PFAs contamination and prevent such future pollution.

EPA established its PFAs council in April and planned most of its new policies be enacted by 2022 or 2023.

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On Monday, the EPA released a human health toxicity assessment for PFAs substances, which the agency said would advance its understanding of the chemicals and inform its ongoing policy decisions.

EPA Assistant Administrator of Water Radhika Fox, who chairs the council, said the study was an important step in meeting the agency’s commitments to addressing PFAs, and could lead to a PFAS drinking water advisory issued next year.

“This science-based final assessment marks a critical step in the process of establishing a national drinking water health advisory for GenX chemicals and provides important information to our partners that can be used to protect communities where these chemicals are found,” Fox said.

Adrian Hedden can be reached at 575-618-7631, achedden@currentargus.com or @AdrianHedden on Twitter.