House Bill 140 (HB 140) adds a definition of hazardous waste constituent to the Hazardous Waste Act. It amends and adds the identification and listing of hazardous
waste constituents to the duties and powers of the Environmental Improvement Board. 



 

 House Bill 140 (HB 140) adds a definition of hazardous waste constituent to the Hazardous Waste Act (HWA) in Section 74-4-3 NMSA 1978. It is defined as a chemical or substance that meets the definition of hazardous waste as defined in subsection K and identified by the Environmental Improvement Board (EIB) as subject to corrective action under the HWA.
HB 140 adds to the duties and powers of the EIB by requiring the EIB to adopt rules for the management of hazardous waste constituents and to identify and list hazardous waste constituents subject to the HWA. It makes a technical change.
 

 According to the AG analysis, proposed definition may cause confusion because it does not actually define what a “hazardous waste constituent” is, other than by equating it with the HWA’s definition of “hazardous waste” and by reference to the EIB’s corrective action authority. Defining “hazardous waste constituent[s]” based on whether the EIB has identified a constituent as being subject to corrective action is somewhat circular. CS/HB 140 HENRC may have addressed this issue.

 

 3/6/25
The House amended HENRCcs/HB 140 (HENRCcs/HB 140 Hfla) by changing the title of the bill. HENRCcs/HB 140 Hfla amends the definition of hazardous waste and authorizes the Environmental Improvement Board to adopt rules for per- and polyfluoroalkyl substances (PFAS) that are designated hazardous waste.
It creates a new definition of hazardous waste in the HWA and strikes the proposed definition of hazardous waste constituent or hazardous constituent from HENRC’s committee substitute. The term hazardous waste defines these substances by their effects and specifies that the term includes intentionally added PFAS and all solid waste or combination of solid waste currently listed by the EPA. HENRCcs/HB 140 Hfla specifically excludes certain substances such as fly ash waste, drilling fluids, produced water, solid waste from mineral extractions, and certain solid waste produced by agricultural activities until the EIB determines it is subject to the relevant federal act found at , 42 U.S.C. 6901 et seq.  
HENRCcs/HB 140 Hfla removes references to hazardous constituents or hazardous waste constituents from Section 74-4-4 NMSA 1978 (Duties and Powers of the Board) and reinserts the proviso in this section on the limitation of the authority of the EIB to identify or list a solid waste or combination of any wastes as a hazardous waste until designated or listed as such by the EPA.
HENRCcs/HB 140 Hfla grants the EIB the authority to adopt rules pertaining to aqueous film-forming foam containing intentionally added PFAS.
 

 2/10/25
The House Energy Natural Resources Committee (HENRC) introduced a committee substitute for HB 140 (CS/HB 140 HENRC). It expands the definition of hazardous waste constituent or hazardous constituent to mean a chemical or substance that has been identified as such by the federal Environmental Protection Agency (EPA); that has been identified by the EIB as having toxic, carcinogenic, mutagenic or teratogenic effects on humans or other life forms; or that is subject to corrective action requirements under the HWA. It made conforming changes in Section 74-4-4 NMSA 1978 to the EIB’s powers to adopt rules for hazardous constituents and hazardous waste constituent and adds hazardous waste constituents to EIB’s duty to identify and list of these types of waste.