New Mexico has adopted rules for intentionally added per- and polyfluoroalkyl substances (PFAS) in aqueous film-forming foam (AFFF), a firefighting agent used for liquid fires.
The New Mexico Environment Department (NMED) released a fact sheet providing an explanation for proposed regulatory changes under House Bill 140 (HB 140). Under the rules, discarded AFFF is classified as a state-listed hazardous waste, its use is limited, and facilities that store AFFF must track, label, and report stored AFFF. Facilities must also give NMED the authority to cleanup if AFFF is released. Additionally, AFFF may only be used for emergency purposes, not to include fire training activities, as further defined below.
HB 140, effective August 1, 2026, amends 20.4.1 NMAC and 20.4.3 NMAC of the Hazardous Waste Regulations and adopts 20.13.3 NMAC. HB 140 requires facilities that obtain, manufacture, store, or use AFFF containing intentionally added PFAS to submit an annual inventory to NMED by May 1 of each calendar year for AFFF housed on site during the prior calendar year. The inventory must include product information, quantity, storage location, container type, safety data sheets, use history, and transfer or disposal history.
On May 8, 2026, the United States Environmental Protection Agency withdrew its February 8, 2024 proposed rule, “Definition of Hazardous Waste Applicable to Corrective Action for Releases From Solid Waste Management Units, ” This RCRA corrective-action rule would have revised the hazardous waste definition applicable to releases from solid waste management units at RCRA-permitted facilities. The withdrawal does not affect New Mexico’s HB 140 or the state’s requirements for AFFF containing intentionally added PFAS.
AFFF Cleanup and Remediation Waste
NMED’s public notice states that if investigation or cleanup activities generate remediation waste from AFFF-impacted sites, that waste will need to be evaluated under New Mexico’s AFFF hazardous waste framework. For these sites, the rule affects more than whether PFAS is present. AFFF-affected soil, groundwater, purge water, stormwater solids, decontamination water, spent carbon, filters, container residues, and excavated soil may affect waste profiles, manifests, storage areas, transportation, receiving facility approval, and corrective action schedules.
AFFF Waste Codes and Disposal
NMED’s public notice identifies waste code ‘NMF1’ for remediation wastes from AFFF cleanup sites and ‘NMU1’ for unused AFFF containing PFAS. The notice also identifies treatment standards for AFFF PFAS wastes.
NMED’s fact sheet states that on-site disposal or destruction of AFFF wastes containing intentionally added PFAS would require a hazardous waste facility permit. It also states that shipments must be accompanied by a hazardous waste manifest with the appropriate waste code, and generators must follow applicable storage, waste characterization, counting, facility safety, and accumulation requirements.
Spills of AFFF containing intentionally added PFAS must be reported to NMED within 24 hours. Releases that cannot be remedied immediately during response require corrective action under the Hazardous Waste Act and may require a permit or a remediation plan.
For facilities, the key implementation issue is waste planning. Removed foam, container residues, spill residues, spent foam, or remediation waste generated from AFFF cleanup activities may require waste characterization, assigning the appropriate waste codes, manifesting, storage controls, transportation coordination, and receiving disposal facility approval.
AFFF Storing and Labeling
The rule also requires visible container labels. Required label information includes “For Emergency Use Only. Contains PFAS,” the on-site accumulation start date, hazard identification, expiration date if applicable, and date of manufacture if known. Facilities must keep related records for at least 3 years.
Storage is defined as holding AFFF containing intentionally added PFAS in a facility area for more than 24 hours. That definition means inventories should include more than drums and totes. Tanks, bladder systems, mobile response units, fixed fire suppression systems, and older storage locations may all need to be reviewed.
AFFF Use is Limited
The rule limits use of AFFF containing intentionally added PFAS to emergency purposes, which include extinguishing flammable liquid fires in urgent, life-threatening situations, such as fuel spills or aircraft incidents. The definition excludes training, testing, and use of firefighting foam in fire suppression systems.
Bottom Line
New Mexico’s AFFF rule should be considered before foam removal, spill response, investigation, or cleanup work generates waste. The rule does not make every historical AFFF release area a hazardous waste site, but it can affect how discarded foam, container residues, spill residues, and remediation waste are characterized, stored, manifested, transported, treated, and approved for disposal.
For facilities with known or suspected AFFF use, the key planning issue is timing. Waste decisions are harder to resolve after soil, purge water, stormwater solids, decontamination water, spent carbon, filters, or residual foam have already been generated or staged. Reviewing disposal pathways, waste codes, documentation needs, and NMED coordination requirements before field work begins can help avoid delays during removal or cleanup implementation.
AFFF Project Support
Trihydro supports AFFF projects through inventory support, source area review, sampling plans, waste management planning, data validation, corrective action strategy, treatment screening, foam replacement strategies, and agency coordination.
For New Mexico facilities, the practical step is to connect fire protection records, environmental data, and waste planning. This helps facilities address the rule as both an inventory requirement and a waste-management issue, without overstating the rule’s effect on all historical AFFF-affected media.
