The New Mexico House of Representatives unanimously passed House Bill 140, which would amend the Hazardous Waste Act in order to help the state ensure PFAS contamination near military bases is cleaned up.
“It is designed to address an issue that has arisen primarily in the eastern part of the state, but has potential to expand well beyond that,” bill sponsor Rep. Christine Chandler, D-Los Alamos, said.
She explained military training activities using fire suppressant foams have contaminated water near U.S. Air Force bases in New Mexico.
Chandler referenced a dairy farmer in the Clovis area whose operations were devastated by the PFAS contamination and who had to cull his herd.
The New Mexico Environment Department and the U.S. Department of Defense disagree about cleanup of these contaminated sites.
Environment department Secretary James Kenney said the unanimous support for HB 140 in the House provides a “powerful message.”
“From Republican farmers in eastern New Mexico to urban Democrats in Albuquerque all the way up to those communities that haven’t been hit by things like this — maybe they’re in Silver City or all the way out in Farmington — we’ve got a clear mandate to go after the Department of Defense’s hazardous waste,” Kenney said.
Kenney said, should HB 140 become law, the Department of Defense could get a permit and willingly clean up the PFAS contamination or “we could play hardball and take them to state court and require them to clean it up.”
Firefighting foam is only one place where PFAS chemicals are found, but HB 140 was drafted to specifically address the contamination around the military bases. An adopted floor amendment prevented the agricultural communities from being held responsible for cleaning up PFAS contamination.
Kenney praised Republicans for bringing that amendment to the floor.
“They came to the table and said, ‘we’re worried that you’re taking authority that would allow our ag industry to be held accountable for things that they didn’t do,’” Kenney said.
Chandler said it is important to address PFAS because the chemicals have been linked to various adverse health outcomes including increased risks of certain types of cancers.
“A thimble of PFAS into a large swimming pool could prove to be toxic,” Chandler said.
In addition to the Clovis area, communities like La Cieneguilla south of Santa Fe have experienced groundwater PFAS contamination. This PFAS contamination south of Santa Fe may have been caused by the use of fire suppressant foams in exercises at an airport.
Kenney said getting HB 140 through the House is an important milestone in an effort to address PFAS. Next, he said the environment department is pushing to get HB 212 passed the House. HB 212, which would address PFAS in consumer goods, is pending a hearing on the House floor.
“We hope to bring both bills over the finish lines,” Kenney said.
