In two of our previous posts, we discussed the United States Environmental Protection Agency’s (EPA) “Hazardous Substance” Designation Process and the Implications of a Designation on Responsible Parties. Here, in this post, we discuss what a designation of PFOA and PFOS might mean for ongoing investigations and remediations lead by EPA.

Current EPA Interim

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

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

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