Consistent with a Proposed Rule published on April 1, 2019, NJDEP will publish a Final Rule in the New Jersey Register (possibly as soon as April 6, 2020) [UPDATED 4/6/2020: As of the April 6, 2020 issue of the New Jersey Register, the rule has not yet been published; the Office of Administrative Law has confirmed that NJDEP conveyed the rule for publication, but did not identify an estimated timeline for publication. Under New Jersey law, the rule is not effective until published.] in which:
- NJDEP is amending the New Jersey Safe Drinking Water Act (SDWA) rules at N.J.A.C. 7:10 to establish a maximum contaminant level (MCL) for perfluorooctanoic acid (PFOA) of 0.014 micrograms per liter (µg/l) (14 parts per trillion, ppt) and an MCL for perfluorooctanesulfonic acid (PFOS) of 0.013 µg/l (13 ppt). The amendments include monitoring requirements for PFOA and PFOS for public community and public nontransient noncommunity water systems. NJDEP had previously established an MCL of 13 ppt for perfluorononanoic acid (PFNA) on September 4, 2018.
- NJDEP is amending the Private Well Testing Act rules at N.J.A.C. 7:9E to require testing of private wells subject to sale or lease for PFOA, PFOS and PFNA and to amend the SDWA rules to require testing of newly constructed wells for public noncommunity water systems and nonpublic water systems for PFOA, PFOS, and PFNA.
- NJDEP is amending the Ground Water Quality Standards at N.J.A.C. 7:9C to establish a specific ground water quality standard for PFOA of 0.014 µg/l (14 ppt) and a specific ground water quality standard for PFOS of 0.013 µg/l (13 ppt). Previously, on March 13, 2019, NJDEP set interim specific groundwater quality criteria for both PFOA and PFOS at 10 ppt, and on January 16, 2018, NJDEP set a specific groundwater quality criterion for PFNA at 13 ppt.
- NJDEP is adding PFNA, PFOA, and PFOS to the Permit Application Testing Requirements/Pollutant Listings and the Requirements for Discharges to Ground Water in the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A.
- NJDEP is adding the acidic and anionic forms of PFOA and PFOS, and their salts and esters, to the List of Hazardous Substances at N.J.A.C. 7:1E, Discharges of Petroleum and Other Hazardous Substances rules. NJDEP had previously added PFNA to this list on January 16, 2018. Significant New Jersey Statutes, including the Spill Act and Industrial Site Recovery Act, provide NJDEP authority over listed hazardous substances. Designation as a hazardous substance has implications for potential access to NJDEP funding for investigation and cleanup, as well as NJDEP and private party cost recovery, among other things.
Please note that while analytical methods and standards are coming into place regarding groundwater and drinking water, significant gaps remain as to certified analytical methods and standards for other environmental media, including surface water and soils.