NAM Urges New Mexico to Retain PFAS Exemptions

The National Association of Manufacturers has called on the New Mexico Environment Department to recommend that the state legislature retain all existing exemptions in the Per- and Poly-Fluoroalkyl Substances Protection Act. The NAM made the request this week in response to a public comment period on a review of the law, which regulates PFAS in consumer products.

Manufacturers support science-based PFAS regulation to protect health and the environment, the trade group said. It emphasized that PFAS represents a family of thousands of chemistries that are often irreplaceable inputs for manufacturing processes and products. The NAM's comments were directed at a study initiated by the state legislature earlier this year. Lawmakers passed a resolution directing environmental agencies to evaluate whether certain product exemptions in the Act should be maintained or changed.

Supply Chain and Economic Impacts

The Act significantly affects manufacturers throughout integrated supply chains. This includes companies that produce PFAS-containing materials and those that rely on such materials in their operations, especially where no known suitable substitutes exist. Many manufacturers currently depend on the Act's exemptions to continue operations.

Removing or altering these exemptions could disrupt access to transportation, medical technologies, and critical equipment. The NAM warned of significant economic and supply chain impacts where reasonable alternatives are not available. The group argued that the consequences would be widespread.

Specific Exemptions in Focus

The NAM specifically urged the NMED to advocate for keeping two key categories of exemptions. The first is for products containing fluoropolymers. These plastic resins provide a unique combination of chemical and corrosion resistance, thermal stability, electrical insulation, durability, and low friction. These properties support product safety, reliability, and performance.

The second category covers exemptions for products that serve essential public, industrial, and infrastructure functions. The NAM did not provide a detailed list of these products in its public statement.

A Call for Regulatory Certainty

Retaining all current exemptions and clarifying the Act's scope concerning consumer products would protect public health and the environment while promoting regulatory certainty. That was the assessment from NAM Vice President of Domestic Policy Chris Phalen and NAM Director of Chemicals, Materials and Sustainability Policy Reagan Giesenschlag. They provided the final word in the association's submission.

Recent Legal Context

The NAM's request comes shortly after a legal victory for the association and manufacturers on a related PFAS issue in New Mexico. Earlier this month, a federal judge blocked the state's sweeping labeling mandate for products made with PFAS from taking effect. The judge ruled that the NAM and fellow trade association plaintiffs are likely to succeed on their claim that the regulation violates the First Amendment's prohibition against compelled speech. The ruling was covered by industry publications Manufacturing Dive and Inside PFAS Policy.