On June 1, 2020, NJDEP published its final rule (52 N.J.R. 1165(b)) setting drinking water standards, also known as maximum contaminant levels or “MCLs,” and final groundwater standards for the PFAS compounds perfluorooctanoic acid (“PFOA”) and perfluorooctane sulfonate (“PFOS”) pursuant to the New Jersey Safe Drinking Water Act, N.J.S.A. 58:12A-1, et seq., and the New Jersey Water Pollution Control Act, N.J.S.A. 58:10A-1 et seq. The rule also designates both PFOA and PFOS as “hazardous substances” under the New Jersey Spill Compensation and Control Act, N.J.S.A. 58:10-23.11, et seq. In addition, the rule requires testing for PFNA, PFOA, and PFOS in private wells subject to sale or lease under the Private Well Testing Act rules at N.J.A.C. 7:9E; and, under the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A, adds PFNA, PFOA and PFOS to the Permit Application Testing Requirements/Pollutant Listings and the Requirements for Discharges to Ground Water.
Stay tuned for a post later this week discussing the primary statutory authorities that New Jersey has used to address PFAS substances in the environment, how the June 1, 2020 final rule fits into that regime, and the resulting implications for site remediation.