New Mexico Register / Volume XXXVII,
Issue 12 / June 23, 2026
TITLE 20 ENVIRONMENTAL
PROTECTION
CHAPTER 13 PER- AND POLY-FLUOROALKYL SUBSTANCES IN
CONSUMER PRODUCTS
PART 3 AQUEOUS
FILM FORMING FOAM CONTAINING INTENTIONALLY ADDED PER- AND POLY-FLUOROALKYL SUBSTANCES
20.13.3.1 ISSUING
AGENCY: Environmental
Improvement Board
[20.13.3.1 NMAC –
N, 08/01/2026]
20.13.3.2 SCOPE: This part applies
to any facility that obtains, manufactures, stores, or uses firefighting foam
products, hereinafter referred to as aqueous film-forming foam (AFFF) products containing
intentionally added per- or polyfluoroalkyl substance (PFAS) products.
[20.13.3.2 NMAC –
N, 08/01/2026]
20.13.3.3 STATUTORY AUTHORITY: Statutory
Authority comes from the Environmental Improvement Act, Sections 74-1-1 NMSA
1978 et seq., and the Per- and Poly-Fluoroalkyl Substances Protection Act,
Sections 74-15-1 NMSA 1978 et seq.
[20.13.3.3 NMAC – N, 08/01/2026]
20.13.3.4 DURATION: Permanent
[20.13.3.4 NMAC – N, 08/01/2026]
20.13.3.5 EFFECTIVE DATE: August 1, 2026, unless
a later date is cited at the end of a section.
[20.13.3.5 NMAC –
N, 08/01/2026]
20.13.3.6 OBJECTIVE: The objective of
this part is to enact regulations requiring entities to:
A. Develop an inventory that identifies and records AFFF products
containing intentionally added PFAS that are stored or used in New Mexico;
B. Properly label containers, including tanks, totes and
drums of AFFF products containing intentionally added PFAS;
C. Use AFFF products containing intentionally added PFAS for
emergency purposes only; and
D. Clean up discarded AFFF products containing intentionally
added PFAS pursuant to the New Mexico Hazardous Waste Act.
[20.13.3.6 NMAC –
N, 08/01/2026]
20.13.3.7 DEFINITIONS: The following
terms, as used in this rule, have the following meanings:
A. “emergency purposes” include use of AFFF
products containing intentionally added PFAS to extinguish flammable liquid
fires in urgent, life threatening situations such as fuel spills or mobile vehicle
(e.g. aircraft) incidents. For purposes
of this subsection, "emergency purposes" does not include training,
testing, or the use of firefighting foam in fire suppression systems;
B. “inventory” is defined as a record identifying AFFF
products containing intentionally added PFAS that are stored on site at a
facility; and
C. “storage” is defined as holding AFFF products
containing intentionally added PFAS in a physical area of a facility for
greater than 24 hours.
[20.13.3.7 NMAC –
N, 08/01/2026]
20.13.3.8 SEVERABILITY: If any provision
or application of this part is held invalid, the remainder, or its application
to other situations or persons, shall not be affected.
[20.13.3.8 NMAC –
N, 08/01/2026]
20.13.3.9 FIREFIGHTING FOAM INVENTORY: Any facility that
obtains, manufactures, stores, or uses AFFF products containing intentionally
added PFAS must provide the department with an annual inventory of AFFF products
containing intentionally added PFAS housed on site in the prior calendar year
by May 1st of each calendar year. This inventory must include the
following elements for all AFFF products containing intentionally added PFAS:
A. Certification that the products are set aside for
emergency purposes only;
B. Facility name and address, contact name and phone number;
C. Quantity of products stored on site (number and unit of
measure), at time of report;
D. Product name and trade name of the products;
E. Safety Data Sheets (SDS) for the products (either as an
online link or an attached copy);
F. Type and volume capacity of container in which the products
are stored (e.g.55-gallon drum, above/below ground tanks);
G. Identified on site storage locations of the products; and
H. Any use, sale, disposal, or transfer of the products over
the past year. Specifically:
(1) the date and quantity of the use; and
(2) the date and quantity of the shipment
or transfer including the name and address of the recipient. In addition, if there are any changes to the
volumes of AFFF product containing intentionally added PFAS reported in the
annual inventory due to emergency use, spill, or off-site disposal or transfer
activities, the department must be notified of stored volume changes within 24
hours.
[20.13.3.9 NMAC –
N, 08/01/2026]
20.13.3.10 LABELING: All containers where AFFF products containing
intentionally added PFAS are stored on site must be clearly labeled and visible
with the following information:
A. “For Emergency Use Only. Contains PFAS;”
B. The on-site accumulation start date;
C. Hazard identification representing the nature of the
hazard (e.g. pictogram);
D. Expiration date if applicable; and
E. Date of manufacture, if known.
[20.13.3.10 NMAC –
N, 08/01/2026]
20.13.3.11. RECORDKEEPING: Any facility that obtain, manufactures,
stores, or uses AFFF products containing intentionally added PFAS must keep a
copy of all relevant documents related to the stored products for at least
three years from the year the products began accumulating at the site. Records that
must be maintained include:
A. Product inventory;
B. Documentation of transfers, offsite disposal, and/or sale
of products;
C. Documentation of AFFF products containing intentionally
added PFAS used for emergency; responses and spills; and
D. Emergency Response Plan.
The period of
retention referred to in this section is extended automatically during the
course of any unresolved enforcement action regarding the regulated activity or
as requested by the department.
[20.13.3.11 NMAC –
N, 08/01/2026]
20.13.3.12 STORAGE REQUIREMENTS: This section requires
the storage of AFFF products containing intentionally added PFAS pursuant to 40
CFR 265.31, 40 CFR 265.32, 40 CFR 265.33, 40 CFR 265.35, 40 CFR 265.171, 40 CFR
265.177.
[20.13.3.12 NMAC –
N, 08/01/2026]
20.13.3.13 EMERGENCY USE OF FIREFIGHTING FOAM
ONLY: This
section stipulates that AFFF products containing intentionally added PFAS may
only be used for emergency purposes in New Mexico. All entities that obtain, manufacture, store,
or use AFFF products containing intentionally added PFAS must develop and maintain
on site an emergency plan that includes the following elements:
A. Anticipated uses of the AFFF products containing
intentionally added PFAS;
B. Description of the actions facility personnel must take in
response to fires involving flammable liquids;
C. Description of the arrangements agreed to with the local
police department, fire department, other emergency response teams, emergency
response contractors, equipment suppliers, local hospitals or, if applicable,
the Local Emergency Planning Committee (LEPC);
D. The name of the emergency coordinator(s) and emergency
telephone number(s) that are monitored seven days a week, 24 hours a day, or,
in the case of a facility where an emergency coordinator is continuously on
duty, the emergency telephone number for the emergency coordinator;
E. Evacuation plan for facility personnel where there is a
possibility that evacuation could be necessary. This plan must describe
signal(s) to be used to begin evacuation, evacuation routes, and alternate
evacuation routes (in cases where the primary routes could be blocked); and
F. List of all emergency equipment at the facility (such as
fire extinguishing systems, spill control equipment, communications and alarm
systems (internal and external), and decontamination equipment), where this
equipment is required. This list must be kept up to date. In addition, the plan
must include the location and a physical description of each item on the list,
and a brief outline of its capabilities.
[20.13.3.13 NMAC –
N, 08/01/2026]
20.13.3.14 CLEAN UP OF FIREFIGHTING FOAM: This section requires
the cleanup of discarded firefighting foam pursuant to 20.4.1 NMAC Hazardous
Waste Act and the Per- and Poly-Fluoroalkyl Substances Protection Act, Sections
74-15-1 NMSA 1978 et seq.
[20.13.3.14 NMAC –
N, 08/01/2026]
HISTORY OF 20.13.3
NMAC - [RESERVED]