NJDEP Proposes New Interim Standards for the Investigation and Remediation of “Forever Chemicals”

The ever-changing standards for the investigation and remediation of contamination in New Jersey appear posed to undergo yet another significant shift.  Close on the heels of the New Jersey Department of Environmental Protection’s (“NJDEP”) comprehensive “SRRA 2.0” site remediation rule amendment proposal, which we discussed in a February 4, 2025 Client Alert, NJDEP published a new rule proposal on March 17, 2025 that will impact the rehabilitation of New Jersey properties contaminated with oxide dimer acid and its ammonium salt (collectively known as “GenX”) and other per- and polyfluoroalkyl chemicals (also known as “PFAS” or “forever chemicals”).  Of particular importance, the proposed rule calls for GenX, PFNA, PFOS, PFOA and 2,3,7,8-tetrachlorodibenzo-pdioxin to be added to NJDEP’s list of contaminants at N.J.A.C. 7:26E-2.1(c)1ii that must be analyzed in all media when contaminants in an area of concern are unknown or not well-documented.  Consequently, if adopted as proposed, the rule will effectively terminate the discretion that Licensed Site Remediation Professionals currently exercise with respect to whether to test for these forever chemicals at affected sites.

In addition to including the five (5) aforementioned PFAS chemicals in the contaminant list at N.J.A.C. 7:26E-2.1(c)1ii, the proposed rule will establish new interim standards for the remediation of these chemicals in different media. To this end, the proposal would set NJDEP’s first soil and soil leachate remediation standards for GenX, PFNA, PFOA, and PFOS, as well as for methanol, an alcohol-based contaminant that—unlike the other four chemicals—is not considered PFAS.  The rule also seeks to amend NJDEP’s Ground Water Quality Standards at N.J.A.C. 7:9C to establish acceptable thresholds for the GenX in ground water: namely, a specific ground water quality criterion of 0.02 micrograms per liter (µg/L), a practical quantitation level of 0.0075 µg/L, and a specific ground water quality standard of 0.02 µg/L.  Finally, on a more administrative level, NJDEP’s proposal would also revise the definitions of “carcinogen” and “non-carcinogen” at N.J.A.C. 7:9C-1.4 and 7:26D-1.5 to reference the cancer descriptors used by the United States Environmental Protection Agency’s 2005 Guidelines for Carcinogen Risk Assessment.

NJDEP is hosting a virtual public hearing concerning this rule proposal on Thursday, April 17, 2025 at 1:00 P.M.  Instructions for access will be available at https://www.nj.gov/dep/rules/notices.html.  Interested parties may also submit written comments electronically at http://www.nj.gov/dep/rules/comments or to NJDEP’s Office of Legal Affairs.

If you have any questions regarding the potential impact of NJDEP’s latest rule proposal on your site or require assistance with the submission of comments to NJDEP, please contact Amie C. Kalac (AKalac@cullenllp.com) or Zachary Klein (ZKlein@cullenllp.com) at (609) 279-0900.

This is a general overview of the law and does not constitute legal advice.  Nothing herein creates an attorney-client relationship between the sender and recipient.