Environment Department to seek partial PFAS ban

It costs between $50 and $100 to produce a pound of a product containing forever chemicals.

But if those chemicals infect a public water system, cleanup can cost millions per pound, according to a panel presentation at a meeting Tuesday of the Legislature's interim Radioactive and Hazardous Materials Committee.

"You can see why it's so important for my job and my department to educate and prevent PFAS from getting into our water system," said New Mexico Environment Secretary James Kenney.

Kenney on Monday made clear to the committee a ban of non-essential PFAS in products was among his department's priorities for the upcoming legislative session. He also said the department will seek a $24 million special appropriation to continue two lawsuits over PFAS contamination.

PFAS are characterized by chains of carbon atoms. The longer the chain, the stronger the substance — and the more hazardous to human and wildlife health.

Short-chain PFAS are commonly found in consumer products like non-stick pans and cosmetics, according to Elena Fernandez, projects specialist for water conservation organization Amigos Bravos. Long-chain PFAS are used more frequently in special industries and found in products like protective gear, firefighting foam and electronics.

This summer, Kenney took a PFAS tour of New Mexico, including a stop at an Albuquerque furniture store selling a fabric protector containing PFAS and a trip to Holloman Lake, where he saw what looked like a snow-covered beach. The fluffy white substance was actually PFAS-laced firefighting foam captured on the banks. He showed photos at Tuesday's meeting at New Mexico State University Alamogordo and on Zoom.

Wildlife around the lake is no longer suitable to eat, said Office of Natural Resources Trustee Maggie Hart Stebbins.

Holloman Lake is also a major stopping point for some migratory birds.

"There absolutely is the risk and likelihood that these waterfowl are carrying the PFAS thousands of miles," Hart Stebbins said.

There's no silver bullet for mitigating PFAS, Fernandez said. But all three speakers had some ideas, including treatment, prevention and legal recourse.

Kenney said a ban on non-essential PFAS in products was "low-hanging fruit."

Seeking the appropriation to continue the lawsuits is also a priority. In one lawsuit, the federal agency sued NMED over the agency's assertion cleanup was required under the state hazardous waste permit; the other was filed by the state of New Mexico against the federal Department of Defense over PFAS contamination at military installations around the state. So far, the department has expended $12 million — "not on cleanup," Kenney said, but instead on litigation and scientific discovery over several years.

"I think we need to send a cow carcass to the Pentagon at this point," Kenney said, expressing his frustration with the Department of Defense.