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New Jersey PFAS Update
The end of 2025 saw a flurry of legislative activity by the New Jersey Senate and General Assembly aimed at banning the intentional addition of PFAS in certain categories of consumer products sold in the State and collecting information on the impacts of PFAS on the State’s various environmental media. On January 12, 2026, Governor Murphy signed into law the Protecting Against Forever Chemicals Act (PAFCA), which prohibits the intentional addition of PFAS substances to certain categories of consumer products, including cosmetics, carpet and fabric treatments, and food packaging. While the PAFCA requirements on consumer goods do not go into effect until two years after the effective date, manufacturers of cookware products are required to start including labels on their products that notify buyers about any intentionally added PFAS within one year after the effective date. In addition to the PFAS bans and labeling requirements, which will be enforced by the New Jersey Department of Law and Public Safety, the PAFCA also requires the New Jersey Department of Environmental Protection (NJDEP) to develop and implement a robust PFAS source reduction program within one year after its effective date. Specifically, the program requires NJDEP to begin collecting information through PFAS monitoring and testing of soil, air, water and biosolids throughout the State, with the goal of developing recommendations on the proper management of PFAS. Further, to the extent funding is available, the PAFCA requires NJDEP to offer grants to publicly owned treatment works facilities and municipalities for the purpose of implementing pretreatment procedures for PFAS and educating them on the sources of PFAS and proper management. The PAFCA requires NJDEP to report their findings and activities to the Governor and Legislature every two years, with recommendations for programs, policies, and legislation to address the presence of PFAS in the State. NJDEP is appropriated an initial sum of $4.5 Million from the General Fund to implement the mandates of the PAFCA and is directed to request additional funds necessary to conduct PFAS-related testing and research in its annual budget on a going forward basis.
In 2026, the New Jersey Department of Environmental Protection (NJDEP) will continue pressing forward on PFAS data collection efforts for Publicly Owned Treatment Works (POTWs) with approved industrial pretreatment programs. New Jersey has 17 POTWs with approved industrial pretreatment program, which are referred to as “Delegated Local Agencies” (DLAs). All DLAs were required to sample wastewater and biosolids for PFAS during 2025. Detectable levels of PFAS were found by all 17 DLAs. NJDEP is requiring all DLAs to collect monthly samples of wastewater effluent and biosolids and analyze for certain PFAS. In addition, DLAs are required to investigate, reduce, and/or eliminate the discharge of PFAS to the local agency by industrial users and to report the results of these efforts to NJDEP on a quarterly basis. Many DLAs have begun requiring all industrial users to sample their wastewater for PFAS sent to the POTW. When PFAS are detected, DLAs may require source control measures and/or pollution prevention strategies. NJDEP intends to use the data collected in 2025 and 2026 to determine whether further actions including effluent limitations are necessary to control the discharge of PFAS to New Jersey waters.
NJDEP is also expected to propose surface water quality standards for PFOA, PFOS, and PFNA to protect both human health and aquatic life. The surface water quality standards will likely be used by NJDEP to establish effluent limitations for these PFAS.
Given the various PFAS data collection efforts and requirements flowing from the above regulatory and legislative actions, we anticipate a continued uptick in PFAS related enforcement and litigation activity in 2026.
