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 regarding hazardous materials, particularly in response to increasing concerns about the environmental and health risks associated with PFAS. The bill grants the Environmental Improvement Board the authority to adopt specific rules for managing PFAS as hazardous waste, ensuring these substances are treated with the same rigor as other hazardous materials.

In addition to the definition change, the bill outlines the responsibilities of the Environmental Improvement Board in establishing comprehensive rules for hazardous waste management that align with federal regulations. It emphasizes stringent standards for generators, transporters, and facilities handling hazardous waste, including requirements for recordkeeping, labeling, and reporting. The bill also introduces new regulations for the inspection and modification of permits for hazardous waste facilities, mandates inspections every two years, and sets criteria for classifying storage tank facilities based on compliance with safety and environmental standards. Exceptions are allowed in rural areas to maintain fuel availability, and the board is empowered to adopt rules that provide a higher level of protection for public health and the environment without restating federal regulations.

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