CSG Law Environmental Blog: NJDEP Formally Adopts PFAS Site Remediation Standards
The New Jersey Department of Environmental Protection (“NJDEP”) has adopted amendments to the Ground Water Quality Standards, Remediation Standards, and Technical Requirements for Site Remediation for several per‑ and polyfluoroalkyl substances (“PFAS”), including PFNA, PFOA, PFOS, and GenX chemicals. These amendments convert previously issued interim criteria and remediation standards into promulgated, enforceable regulations. Most notably, the rule establishes a specific ground water quality standard for GenX chemicals of 0.02 µg/L (20 parts per trillion). As set forth in the table below, the rule also incorporates corresponding soil and soil leachate remediation standards across multiple exposure pathways (ingestion-dermal and migration to ground water), including fixed numerical standards for direct exposure and site-specific standards for migration to ground water using the synthetic precipitation leaching procedure.
| Contaminant | Soil Ingestion-Dermal Residential (mg/kg) | Soil Ingestion-Dermal Nonresidential (mg/kg) | Soil MGW Standard (mg/kg) | Soil Leachate MGW (µg/L) | Groundwater Standard (µg/L) |
| PFNA | 0.047 | 0.67 | Site-specific | 0.26 | 0.013 |
| PFOS | 0.11 | 1.6 | Site-specific | 0.26 | 0.013 |
| PFOA | 0.13 | 1.8 | Site-specific | 0.28 | 0.014 |
| GenX (HFPO-DA) | 0.23 | 3.9 | Site-specific | 0.4 | 0.02 |
In addition to numeric standards, the adopted rulemaking expands analytical and investigation requirements for PFAS. The Technical Requirements for Site Remediation now require that GenX chemicals, PFNA, PFOA, PFOS, and 2,3,7,8 TCDD be included in the list of contaminants analyzed when site conditions are unknown or not well documented.
Commenters raised concerns that the standards will increase remediation costs, require complex remedial designs, and delay site closure and redevelopment. NJDEP emphasized that it is merely adopting standards that have been in place as interim requirements since 2022–2023, thereby limiting the extent of new or unexpected obligations. NJDEP further explained its position that existing regulatory mechanisms—such as the ability to establish new cases for contaminants of emerging concern or to request extensions of mandatory timeframes—provide sufficient flexibility to address PFAS discovered during ongoing remediation.
The CSG Law Environmental Group regularly advises clients on legal issues presented by PFAS in New Jersey site remediations, including evaluating the impact of NJDEP’s newly adopted standards on ongoing remediations, redevelopment projects, due diligence, and cost recovery and allocation. We help clients manage PFAS risks efficiently while preserving project timelines and protecting long-term redevelopment objectives.
For more information, please contact the author or the CSG Law Environmental Group.