On October 17, 2022, the New Jersey Department of Environmental Protection (“DEP”) published interim soil remediation standards for several hazardous substances often characterized as “emerging contaminants.”  Specifically, DEP established interim standards for perfluorononanoic acid (PFNA), perfluorooctanoic acid (PFOA), hexafluoropropylene oxide dimer acid and its ammonium salt (GenX), perfluorooctanoic acid (PFOA), and perfluorooctane sulfonate (PFOS).  Among these are so-called “Forever Chemicals” – namely, perfluoroalkyl substances (PFAS), a family of over 4,700 compounds that do not occur naturally and do not readily degrade over time.  The new soil remediation standards include criterion based on various exposure pathways for substances included in the rulemaking.

The interim remediation standards were published in the New Jersey Register on October 17, 2022 and can be reviewed in full here.  DEP advises that it considers the interim standards to be in effect for all current and future site remediation cases in New Jersey.  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.

Linda M. Lee, Michael P. Castore, and Steven J. Corodemus also contributed to this article.