The bill amends the Hazardous Waste Act in New Mexico to expand the definition of "hazardous waste" to include discarded aqueous film-forming foam containing intentionally added per- and polyfluoroalkyl substances (PFAS). This amendment is intended to strengthen the state's regulatory framework in response to increasing concerns about the environmental and health risks associated with PFAS. The Environmental Improvement Board is granted the authority to adopt rules for managing these substances as hazardous waste, ensuring that state regulations are consistent with federal standards.

In addition to the definition change, the bill outlines the responsibilities of the Environmental Improvement Board in establishing stringent rules for hazardous waste management, including the identification and listing of hazardous wastes, and standards for generators and transporters. It mandates inspections of treatment, storage, and disposal facilities at least every two years and introduces criteria for classifying storage tank facilities based on compliance with safety standards. The bill also allows for exceptions in rural areas to maintain fuel availability and permits emergency deliveries under specific conditions, while empowering the board to adopt rules that align with federal regulations without restating them, provided they can justify the need for stricter measures for public health and environmental protection.

Statutes affected:
introduced version: 74-4-3, 74-4-4
EN substitute: 74-4-3, 74-4-4
Final Version: 74-4-3, 74-4-4