During a recent meeting of the New Mexico Legislature's House Energy, Environment, and Natural Resources Committee, significant discussions centered on the regulation of hazardous waste, particularly concerning PFAS (per- and polyfluoroalkyl substances) and the oil and gas industry. The committee explored potential changes to the Environmental Improvement Board (EIB) rules that could allow for stricter oversight of hazardous constituents in waste cleanup.

Secretary Kenny clarified that while New Mexico can implement more stringent regulations than federal standards, certain exemptions, particularly for oil and gas byproducts, remain in place under federal law. This includes mining waste and produced water, which are currently exempt from being classified as hazardous waste. The discussion highlighted concerns about the implications of changing these designations, especially for the oil and gas sector, which could face increased regulatory burdens.

Representative Garcia requested a detailed overview of the Texas example regarding PFAS cleanup, emphasizing the need for a structured approach to hazardous waste management. Secretary Kenny noted that Texas has achieved better outcomes in cleanup efforts due to more stringent regulations, contrasting this with New Mexico's ongoing challenges.

The committee also touched on the historical context of PCB (polychlorinated biphenyl) regulations, with Secretary Kenny indicating that while there are restrictions on PCB usage, New Mexico has the opportunity to regulate other hazardous materials that do not have federal exemptions.

Overall, the meeting underscored the complexities of hazardous waste regulation in New Mexico, particularly the balance between environmental protection and the operational realities of the oil and gas industry. As discussions continue, stakeholders are urged to consider the implications of regulatory changes on both public health and industry practices. The committee's next steps will likely involve further analysis of the proposed regulations and their potential impact on the state's environmental landscape.