The Department of Justice has stated in a brief filed Monday that New Mexico cannot issue a PFAS cleanup order based on a federal waste law unless the EPA finalizes rules authorizing it. The EPA has proposed two rules in February that, if finalized, could allow New Mexico’s Environment Department to regulate PFAS in future Resource Conservation and Recovery Act permits provided to the Air Force. However, these rules would not impact a 2018 permit that the Air Force is currently opposing.
PFAS, or perfluoroalkyl and polyfluoroalkyl substances, are a group of man-made chemicals that have been linked to a range of health issues. New Mexico has been working to address PFAS contamination in its environment, particularly in water sources and areas near military installations where the chemicals are commonly found due to their use in firefighting foams.
The DOJ’s brief emphasizes the need for final EPA rules to authorize New Mexico’s actions in regulating PFAS and ensuring effective cleanup efforts. The ongoing legal dispute between New Mexico and the Air Force underscores the challenges and complexities involved in addressing PFAS contamination and the importance of clear regulatory guidelines.
The outcome of this legal battle could have significant implications for future PFAS cleanup efforts in New Mexico and other states grappling with contamination issues. As the EPA works to finalize rules on regulating PFAS, stakeholders will continue to monitor developments in this important environmental and public health issue.
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