[EXTERNAL]: Adoption of ground water quality standards and maximum contaminant levels for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS)

The New Jersey Department of Environmental Protection (NJDEP) has adopted amendments to the Discharge of Petroleum and Other Hazardous Substance rules (N.J.A.C. 7:1E), Ground Water Quality Standards (N.J.A.C. 7:9C), Private Well Testing Act rules (N.J.A.C. 7:9E), Safe Drinking Water Act rules (N.J.A.C. 7:10), and New Jersey Pollutant Discharge Elimination System rules (N.J.A.C. 7:14A). These amendments are related to the adoption of ground water quality standards and maximum contaminant levels (MCL) for perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS), effective on June 1, 2020. Specific rule amendments are as follows:

The NJDEP has amended the List of Hazardous Substances in the Discharges of Petroleum and Other Hazardous Substances rules at N.J.A.C. 7:1E Appendix A to include the acidic and anionic forms of PFOA and PFOS and their salts and esters.

The NJDEP has amended the Ground Water Quality Standards at N.J.A.C. 7:9C to establish a specific ground water quality standard for PFOA of 0.014 micrograms per liter (μg/l) and a specific ground water quality standard for PFOS of 0.013 μg/l.

The NJDEP has amended the Private Well Testing Act rules at N.J.A.C. 7:9E to require testing of private wells subject to sale or lease for perfluorononanoic acid (PFNA), PFOA, and PFOS and to require testing of newly constructed wells for public noncommunity water systems and nonpublic water systems for PFNA, PFOA, and PFOS.

The NJDEP has amended the New Jersey Safe Drinking Water Act rules at N.J.A.C. 7:10 to establish an MCL for PFOA of 0.014 μg/l and an MCL for PFOS of 0.013 μg/l. The amendments also include monitoring requirements for PFOA and PFOS for public community and public nontransient noncommunity water systems.

The NJDEP has amended the New Jersey Pollutant Discharge Elimination System rules at N.J.A.C. 7:14A by adding PFNA, PFOA, and PFOS to the Permit Application Testing Requirements/Pollutant Listings and the Requirements for Discharges to Ground Water.

Pursuant to the Remediation Standards at N.J.A.C. 7:26D-2.2(a), ground water quality standards are ground water remediation standards. The newly adopted ground water quality standards/ground water remediation standards for PFOA and PFOS should be used immediately as part of any ground water remediation at any contaminated site in New Jersey. For additional information regarding the evaluation of a contaminated site for PFOA and PFOS, please refer to the NJDEP administrative guidance "Implementation of March 13, 2019 Interim Ground Water Quality Criteria, PQLs and Standards for (PFOA) and (PFOS)" available at www.nj.gov/dep/srp/guidance/srra/srwmp_implementing_03-13-19_pfoa_pfos_interim_gwqs.pdf.

A courtesy copy of the adoption package can be found on the NJDEP web site at www.nj.gov/dep/rules/adoptions.html.

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