On October 17th, the New Jersey Department of Environmental Protection (NJDEP) published Interim Soil Remediation Standards for four kinds of PFAS chemicals and was effective immediately. NJDEP’s standards come on the heels of the United States Environmental Protection Agency recently proposing to designate certain PFAS compounds as “hazardous substances” under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) thus increasing the scope of federal liability and suggesting that these compounds must always be included in Phase I due diligence.
If you currently own or operate a site that is undergoing remediation activities in New Jersey, then you may have to consider performing an onsite soil investigation of the recently regulated PFAS. Certain historic site uses have a higher probability of having PFAS in the soil and may require soil sampling for PFAS potential source areas. If any of these contaminants are found during the soil investigation NJDEP requires they be remediated to below the NJDEP standard reflected in table below. These new standards raise new challenges for property owners, including necessary compliance with NJDEP timeframes and increased cost of investigation and remediation of PFAS chemicals. In certain instances, the NJDEP will allow the development of site-specific Alternative Remediation Standards, in lieu of meeting these generic standards.
13252-13-6 & 62037-80-3
Soil Remediation Standard Ingestion-Dermal Residential (mg/kg)
Soil Remediation Standard Ingestion Dermal Nonresidential (mg/kg)
Soil Remediation Standard Migration to Ground Water (mg/kg)
Area of Concern / Site-specific
Soil Leachate Remediation Standard Migration to Ground Water (ug/L)
It is expected that the Licensed Site Remediation Professional (LSRP) of record will need to examine the potential risk of whether any of the now regulated PFAS chemicals could be present in the soil and/or soil leachate. This may result in the determination that a new soil investigation is now necessary to comply with these new standards.
Parties conducting remediation or environmental due diligence in connection with the potential acquisition of property in New Jersey should consult their environmental professionals regarding the impact of the new standards. Your environmental attorney should also be involved at each step of this analysis.