In March, the New Jersey Department of Environmental Protection (NJDEP) proposed to formally add GenX, PFNA, PFOA, PFOS — all PFAS compounds — and methanol to the list of regulated contaminants under various statutes.
This includes the Ground Water Quality Standards (GWQS), Remediation Standards, and Technical Requirements for Site Remediation.
The proposed amendments establish a specific ground water quality criterion for GenX, as well as soil and soil leachate remediation standards for PFNA, PFOA, PFOS, GenX, and methanol. Each of these contaminants were previously regulated under temporary or advisory guidelines. By establishing official, codified rules, the NJDEP is making a regulatory transition from interim criteria to enforceable standards.
These changes would mean that PFAS must now be tested, reported, and remediated at contaminated sites “when contaminants are unknown or not well documented.” Laboratories conducting such testing must be certified and capable of detecting PFAS at very low concentrations, using advanced equipment like LC-MS/MS. The proposal does not set prescribed cleanup methods. Parties can propose site-specific remedial actions, but those actions must meet the numeric standards.
PFAS is generally considered pervasive. As a result, the amount of sites subject to PFAS sampling would increase significantly and potentially responsible parties in areas of concern are exposed to considerable cost increases at all phases of remediation.
The proposal also seeks to update the definitions of “carcinogen” and “non-carcinogen” to include a reference to the cancer descriptors used in the United States Environmental Protection Agency’s 2005 Guidelines for Carcinogen Risk Assessment, as opposed to the alphanumeric system in effect today. The proposal seeks to include contaminants described as “carcinogenic to humans,” “likely to be carcinogenic to humans,” or “suggestive evidence of carcinogenic potential,” to the definition of carcinogen. This is intended to create a framework that can be applied to future substances, not just PFAS.
Consequently, more substances — including some emerging contaminants — may now fall under the “carcinogen” category and potentially responsible parties may now be required to remediate additional substances to lower permissible concentrations under less flexible standards. Sites contaminated with newly classified carcinogens may face more costly and time-consuming cleanup requirements.
In contrast, the proposal broadens the scope of chemicals categorized as “non-carcinogenic” by including those with “inadequate information to assess carcinogenic potential” or “not likely to be carcinogenic to humans.” The NJDEP sets considerably less stringent soil and groundwater remediation levels for non-carcinogens. Previously, if a chemical wasn’t clearly classified, potentially responsible parties and consultants had to self-determine how conservatively to treat it, often overcompensating to avoid liability, as there is a long-term risk that the substance may be reclassified as a carcinogen after new science emerges. The suggested language clarifies regulatory expectations and allows for more flexible cleanup standards.
The proposed amendments will have an economic impact on persons responsible for conducting remediation of contaminated sites and expand the pool of potentially responsible parties. Certain sites are at risk of exponential remediation and monitoring costs. However, the NJDEP expects the burden to be small and highlights the wide-ranging social benefits of their proposal.
A public hearing concerning this notice of proposal will be held on Thursday, April 17 at 1:00 p.m. It will be conducted virtually and a link to virtual hearing will be provided on NJDEP’s website at https://www.nj.gov/dep/rules/notices.html. Comments will be accepted until May 16. They may be submitted via mail or electronically at http://www.nj.gov/dep/rules/comments.