SPAN Delivers Key Recommendations for New Mexico PFAS Protection Act Rulemaking
On December 22, 2025, the Sustainable PFAS Action Network (SPAN) formally encouraged the New Mexico Environment Department (NMED) to refine its proposed rules for implementing HB212, the PFAS Protection Act, by submitting comprehensive, solution-oriented comments grounded in statutory analysis, scientific risk assessment, and real-world implementation practice.
Drawing on technical expertise and policy experience, SPAN has collaborated with New Mexico policymakers throughout this process and supports the statute’s recognition of essential uses of PFAS. However, SPAN’s comments identify specific, actionable recommendations to ensure the final rules are better aligned with legislative intent, sound science, and implementation realities.
In its submission, SPAN directed NMED to consider key areas for improvement, including:
Statutory Exemptions: SPAN urged NMED to ensure products exempted by statute are excluded from all regulatory requirements, including labeling, and add exemptions for de minimis concentrations, research and development uses, and controlled professional applications.
Currently Unavoidable Use (CUU): SPAN recommended NMED align CUU data requirements with federal TSCA standards, limit submissions to information that is known or reasonably ascertainable and allow business information to support applications.
Labeling Scope and Timing: SPAN challenged NMED to reevaluate the need for labeling, address compelled-speech concerns, and establish realistic compliance timelines.
Implementation Clarity: SPAN called for the establishment of a de minimis threshold, clearer definitions, flexibility in label placement, recognition of labels approved in other states, and a transparent labeling waiver process.
SPAN believes that thoughtful revisions to the proposed rules will help New Mexico achieve the goals of HB212, safeguarding human health and the environment while preserving access to required products for American life and maintaining regulatory consistency across industries.
SPAN remains fully engaged with New Mexico Environment Department and the Environmental Improvement Board (EIB) as the rulemaking process moves forward in February.
Read the full comment letter here.
