New Mexico Seeks Comments on PFAS Law Exemptions Including Fluoropolymers
New Mexico invites public input on exemptions in its PFAS Protection Act, including fluoropolymers.
Why it matters: Legal professionals and corporate counsel must track these discussions as they could influence future compliance and liability under chemical regulations.
- New Mexico's PFAS Protection Act phases out intentionally added PFAS starting Jan 1, 2027, with a near-total ban by Jan 1, 2032.
- Exemptions in the law cover semiconductors, specific refrigeration equipment, and fluoropolymers, which involve large PFAS molecules.
- The New Mexico Environment Department (NMED) is gathering public comments to assess health, environmental, and economic risks tied to these exemptions.
- A public webinar was held on August 18, 2026, to guide participation in reviewing the PFAS law and its exemptions.
New Mexico's Environmental Department (NMED) is actively soliciting public comments regarding exemptions in the state's PFAS Protection Act, enacted in April 2025. The law aims to phase out products containing intentionally added per- and polyfluoroalkyl substances (PFAS), a class of chemicals linked to environmental and health risks.
The PFAS Protection Act sets a phased timeline: beginning January 1, 2027, product phase-outs will start, culminating in a near-total prohibition by January 1, 2032. However, exemptions exist within the Act for specific products, including semiconductors, certain refrigeration equipment, and fluoropolymers—large PFAS molecules employed across various industries.
NMED is using the public commentary to prepare a report for New Mexico's legislature and governor. This report will focus on evaluating the public health, environmental, and economic impacts of retaining these exemptions.
Legal experts urge caution despite the exemptions. Rachel McCarthy, Manager of State Affairs for the Motorcycle Industry Council, stressed, “Manufacturers should not assume that an exemption from product prohibitions or reporting means there are no compliance obligations.” This highlights the need for corporate counsel to monitor evolving regulatory interpretations and compliance requirements closely.
To facilitate stakeholder participation, NMED hosted a webinar on August 18, 2026, explaining how the public can contribute input on future PFAS protections and exemptions. While the specific duration of the comment period or submission methods beyond the webinar have not been detailed, interested parties are encouraged to review the documentation and engage in this process.
Following this consultation, New Mexico's government will consider revisions that could impact PFAS regulatory landscapes, potentially influencing product liability and environmental compliance nationwide.
By the numbers:
- January 1, 2027 — Start of phase-out for products with intentionally added PFAS
- January 1, 2032 — Near-total ban on PFAS-containing products
- August 18, 2026 — Date of public webinar on PFAS Protection Act review
What's next: NMED will submit a report to the legislature and governor analyzing exemption risks after the public comment period concludes.