Proposed 3M PFAS Settlement – FAQs

Per- and polyfluoroalkyl substances (PFAS) are a family of thousands of man-made compounds with at least one fully fluorinated carbon atom that are found in many environmental media in New Jersey. Also known as “forever chemicals,” PFAS repel water and oil and are resistant to heat and chemical reactions. As a result, PFAS are persistent, pervasive, and highly mobile—they appear in environmental media (e.g., soil, groundwater, surface water, sediment), do not break down in the environment, and bioaccumulate in both humans and wildlife. PFAS have numerous industrial and commercial applications, and several PFAS have been present in industrial processes and consumer products (including non-stick cookware, water-resistant clothing and coatings, and aqueous film-forming foams used to extinguish fires) for over 70 years.

PFAS are known to have contaminated groundwater aquifers in many areas of New Jersey, have been found in numerous public and private water supplies, and have contaminated other environmental media such as soil and surface waters.

The primary route of human exposure to PFAS is through drinking water. Exposure to even small amounts of certain PFAS can lead to adverse human health effects, especially in vulnerable populations. Infants may be particularly susceptible to some of the adverse effects of PFAS, as they consume more water per body weight than older individuals and their exposure may be higher than adults when drinking water is contaminated with PFAS.

Where PFAS have been detected in public water systems and private wells above the state’s health-based standards, they pose considerable risks to public health.  Perfluorononanoic acid (PFNA) has been shown to be toxic to liver, kidney, reproductive, and immune systems, and neonatal exposures can cause developmental delays. Perfluorooctanoic acid (PFOA) has been linked to kidney and testicular cancers in humans, as well as high cholesterol, pregnancy-induced hypertension, and ulcerative colitis.  Perfluorooctane sulfonic acid (PFOS) has been linked to elevated cholesterol, changes in liver function, changes in thyroid hormone levels, and reduced immune response.

Because these substances are toxic at extremely low concentrations, the New Jersey Department of Environmental Protection (DEP) has established health-based standards to limit the risk of exposure to certain PFAS in drinking water. In New Jersey, the drinking water maximum contaminant level (MCL) for PFNA and PFOS is 13 parts per trillion (ppt), and the MCL for PFOA is 14 ppt. Importantly, the United States Environmental Protection Agency has promulgated national drinking water standards for certain PFAS, although the status of the new standards is uncertain as they have been challenged in court. In addition, EPA has announced that it would be withdrawing some of the new standards. If the new EPA standards remain in place, the applicable standards for PFNA, PFOA, and PFOS would be lower than the current New jersey standards.

DEP currently implements regulatory requirements to ensure public drinking water systems consistently monitor water and are in compliance with existing MCLs. Where contaminant levels in water supplied by public drinking water systems exceed these health-based standards, DEP ensures that systems treat water to remove the contaminants to below New Jersey’s standards as necessary. These requirements are intended to reduce exposure to these contaminants in drinking water and protect consumers from the health effects associated with PFAS. For additional information on PFAS and DEP’s responsive actions, please visit our dedicated resource page.

The New Jersey Department of Health also provides recommendations  for specific sensitive populations, including infants, children, and individuals who are pregnant, nursing, or may become pregnant in the future, who have been exposed to PFAS.

Minnesota-based 3M was one of the nation’s dominant producers of PFAS. It distributed its PFAS to companies and other entities in New Jersey, whose use of PFAS ultimately resulted in the contamination of drinking water supplies and other natural resources.

The settlement requires 3M to pay the State up to $450 million to compensate its citizens for injuries to their natural resources and to fund PFAS abatement projects across New Jersey, especially the treatment and protection of drinking water supplies. The recovered funds will also cover legal and other costs and fees and punitive damages.

The settlement provides the citizens of New Jersey with substantial financial compensation and avoids the risks and uncertainties associated with a trial.

DEP is in trial and proceeding to trial against other defendants, including EIDP, Inc. (formerly E. I. du Pont de Nemours and Company); Corteva, Inc.; The Chemours Company; The Chemours Company FC, LLC; DuPont de Nemours Inc.; and DuPont Specialty Products USA, LLC.

DEP has created a dedicated website with the proposed settlement, the New Jersey Register notice, and links to important health information. The address is njdepwptest.net/3m

Notice of the proposed settlement  and an invitation to submit comments will be formally published in the New Jersey Register. The public comment period will be open for 60 days, during which time anyone can submit comments for DEP’s review. Once the public comment period closes, DEP will review the public’s comments, prepare detailed responses, and decide whether any adjustments are warranted before submitting the proposed settlement for judicial approval.