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N.M. becomes first state to classify firefighting foam as hazardous waste

A unanimous vote allows regulators to mandate cleanup of PFAS-containing foam, require reporting and restrict its use as concerns grow over “forever chemical” contamination

By Alaina Mencinger
The Santa Fe New Mexican

SANTA FE, N.M. — New Mexico is the first state to classify aqueous film-forming foam as a hazardous waste.

Monday’s unanimous Environmental Improvement Board vote will allow the state Environment Department to mandate cleanup of the forever chemical-containing fire suppressant, according to a Wednesday release from the agency.

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The persistence of perfluoroalkyl and polyfluoroalkyl substances, or PFAS, in the environment earned the chemical group the name of “forever chemicals.” Their efficacy at blanketing fires led to their use in firefighting foams; however, according to the U.S. Fire Administration, they do not degrade naturally in the environment and studies have linked them to “harmful effects on humans and animals.”

According to a 2023 complaint filed by the Environment Department, contamination associated with the use of PFAS-containing fire suppressant has been found in various sites around New Mexico, including at the Santa Fe and Carlsbad fire departments, the Lea County Airport and Holloman and Cannon Air Force bases. PFAS contamination has been found in water in communities south of Santa Fe.

The U.S. Department of Defense has been directed to phase out the use of aqueous film-forming foam in its operations, but in 2024, the Government Accountability Office reported the agency was facing hurdles and would likely seek an extension of deadlines. The most recent National Defense Authorization Act requires the department to produce a report on the status of adoption of graphite oxide-based firefighting foams to replace PFAS-containing ones.

Besides treating discarded foam as a hazardous waste, the rules adopted by the Environmental Improvement Board will require facilities that keep the foam on-site to report it, allow the state to limit the use of the fire suppressant and require cleanup after the substance is used in emergencies to mitigate contamination of soil and water.

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