EPA may list PFAS as hazardous substance

SANTA FE — The U.S. Environmental Protection Agency on Thursday announced two proposed rules “to ensure that certain per- and polyfluoroalkyl substances (PFAS), also known as ‘forever chemicals,’ are classified as hazardous waste under federal law,” according to an EPA news release.

The action is in direct response to a petition from Gov. Michelle Lujan Grisham to take action on the emerging threat that communities in New Mexico and across the nation face from decades of use of forever chemicals, the release stated.

“Here’s what today means: New Mexico just clarified the national regulatory landscape for forever chemicals, one of the most important environmental issues of our time,” said NMED Cabinet Secretary James Kenney in the release.

“Communities will benefit from these rules which require polluters to clean-up and dispose of toxic PFAS.”

Also from the release:

New Mexico began addressing PFAS chemicals when they were discovered in high concentrations surrounding Cannon and Holloman Air Force Bases, most likely from the use of Aqueous Film Forming Foam, a firefighting foam containing PFOA and PFOS. PFAS contamination negatively impacted adjoining communities, including Art Schapp, a fifth-generation dairy farmer in Clovis who was forced to euthanize his herd of 3,665 cows because of PFAS contamination.

“We’ve been forced to fight the federal government for more than five years since it destroyed our family’s dairy. Gov. Lujan Grisham and her team have never stopped fighting for dairy farms and communities in New Mexico when it comes to addressing the devastating impacts of forever chemicals,” Schaap said.

“This administration has taken the fight to hold the Department of Defense accountable from Clovis to Washington, D.C. and today her advocacy resulted in common sense protections for Americans in every corner of our nation.”

EPA is proposing to clarify the definition of hazardous waste as it applies to cleanups of contamination from permitted hazardous waste facilities.

EPA is also proposing to amend its RCRA regulations to add multiple PFAS compounds as hazardous constituents. These PFAS would be added to the list of substances identified for consideration in facility assessments and, where necessary, further investigation and cleanup through the corrective action process at hazardous waste treatment, storage, and disposal facilities.

EPA will publish its proposals in the Federal Register in the coming weeks. Proposals will be open for public comment.

“EPA will review and respond to comments, and incorporate them into the final rule as appropriate,” said EPA spokesperson Matt Maez.