Regulating and Remediating PFAS in New Jersey
New Jersey DEP proposed its own regulations for PFOA and PFOS in 2019. In April, NJDEP proposed amending the Safe Drinking Water Act regulations to establish MCLs for PFOA of 14 ppt and for PFOS of 13 ppt; establishing groundwater quality criteria for PFOA of 14 ppt and PFOS of 13 ppt; and adding PFOA and PFOS to the List of Hazardous Substances. The agency also published interim groundwater quality standards for PFOA and PFOS of 10 ppt, which are in effect while its rulemaking proceeds. The Department has one year from the date of publication to take final action on a proposed rule, so the proposed regulations for PFOA and PFOS will likely be finalized in the first half of 2020. NJDEP is also requiring PFAS generally to be considered in conjunction with site remediations. New Jersey also grabbed headlines with orders and lawsuits filed against manufacturers associated with PFAS in the State. In 2020, we expect New Jersey to continue to be at the forefront of efforts to regulate and remediate PFAS.