New Mexico Classifies Firefighting Foam as Hazardous Waste

State becomes first to mandate cleanup and restrict use of PFAS-containing fire suppressants

Apr. 17, 2026 at 12:04pm

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An extreme close-up, translucent X-ray photograph showing the internal molecular structure of a firefighting foam canister, with glowing, ghostly lines against a dark background, conceptually illustrating the hazardous chemical composition of the substance.A ghostly X-ray image reveals the molecular composition of a firefighting foam canister, highlighting the persistent 'forever chemicals' that have prompted New Mexico to become the first state to classify the substance as hazardous waste.Santa Fe Today

In a unanimous vote, the New Mexico Environmental Improvement Board has classified aqueous film-forming foam (AFFF) as a hazardous waste, allowing the state's Environment Department to mandate cleanup of PFAS-containing fire suppressants and require reporting, restrict use, and mandate mitigation after emergencies to address concerns over 'forever chemical' contamination.

Why it matters

PFAS chemicals found in firefighting foams have been linked to harmful effects on humans and animals, and have contaminated water supplies in various communities across New Mexico. This landmark decision makes New Mexico the first state to take regulatory action to address the environmental and public health risks posed by these persistent 'forever chemicals'.

The details

The new rules adopted by the Environmental Improvement Board will require facilities that keep PFAS-containing firefighting foam on-site to report it, allow the state to limit the use of the fire suppressant, and require cleanup after the substance is used in emergencies to mitigate contamination of soil and water. This comes as the U.S. Department of Defense has been directed to phase out the use of aqueous film-forming foam in its operations, but has faced hurdles in doing so.

  • On April 17, 2026, the New Mexico Environmental Improvement Board unanimously voted to classify aqueous film-forming foam as a hazardous waste.
  • In 2023, the New Mexico Environment Department filed a complaint about PFAS contamination found at various sites around the state, including fire departments and military bases.

The players

New Mexico Environmental Improvement Board

The state regulatory body that unanimously voted to classify aqueous film-forming foam as a hazardous waste, allowing the New Mexico Environment Department to take action.

New Mexico Environment Department

The state agency that filed a 2023 complaint about PFAS contamination and will now be able to mandate cleanup, require reporting, and restrict the use of PFAS-containing firefighting foams.

U.S. Department of Defense

The federal agency that has been directed to phase out the use of aqueous film-forming foam in its operations, but has faced hurdles in doing so.

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What’s next

The New Mexico Environment Department will now be able to enforce the new rules, requiring facilities to report PFAS-containing firefighting foams, limiting their use, and mandating cleanup after emergencies to address contamination.

The takeaway

This landmark decision in New Mexico sets a precedent for other states to take regulatory action against the use of PFAS-containing firefighting foams, which have been shown to have significant environmental and public health impacts. It highlights the growing concerns over 'forever chemicals' and the need for a coordinated effort to phase out these persistent substances.