On January 14, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) filed suit against the United States to compel the United States to address immediately contamination of New Jersey groundwater with PFOA and PFOS from facilities owned or operated by the United States. The suit, which was brought pursuant to the federal Safe Drinking
New Jersey PFAS Updates
NJDEP Issues Final Rule Regulating PFOA and PFOS
By Adam H. Cutler on
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…
Update on NJDEP Issuance of Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS, Addition of PFOA and PFOS to Its List of Hazardous Substances, and Amendment of Other Rules Related to PFOA, PFOS and PFNA
By Adam H. Cutler & Robert J. Schena on
Updating our previous post, as of the April 6, 2020 issue of the New Jersey Register, NJDEP has not yet published its anticipated Final Rule setting drinking water and groundwater cleanup standards for PFOA and PFOS, adding those substances to NJDEP’s list of hazardous substances under the Spill Act, and amending other rules related to…
UPDATED 4/6/2020: NJDEP Issuing Final Drinking Water and Groundwater Cleanup Standards for PFOA and PFOS; Adding PFOA and PFOS to Its List of Hazardous Substances; and Amending Other Rules Related to PFOA, PFOS and PFNA
By Adam H. Cutler & Robert J. Schena on
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…
PFAS Regulation in New Jersey
By Christopher M. Roe on
New Jersey is in the forefront in regulating PFAS substances. In 2007, New Jersey developed non-binding preliminary health-based guidance for drinking water of 40 ppt PFOA and 20 ppt for PFOS. NJDEP conducted a limited state-wide study of PFOA and PFOS in 30 drinking water intakes between 2009 and 2010. Additional drinking water…