Air Force Sues New Mexico, Arguing Overreach In Cannon's RCRA Permit

摘要

The Air Force is suing New Mexico's environmental regulators over its recently renewed 10-year Resource Conservation & Recovery Act (RCRA) permit for Cannon Air Force Base, a case that appears to mark one of the first formal disputes between a state and the military over efforts to address per- and polyfluoroalkyl substances (PFAS). The suit, filed against the New Mexico Environment Department (NMED) Jan. 17 in the U.S. District Court for the District of New Mexico, challenges the permit's definition of hazardous waste as it applies to corrective actions, saying it "exceeds the scope of RCRA's waiver of sovereign immunity." Relevant documents are available on InsideEPA.com. (Doc. ID: 218525) That appears to echo the military's long-standing argument it is not obligated to comply with state requirements governing PFAS because EPA has not set federal standards.