What actions has NJDEP taken?

The DEP is a national leader in assessing and responding to environmental and public health risks presented by PFAS. The DEP has adopted drinking water standards, known as Maximum Contaminant Levels (MCLs) for three PFAS: Perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS), and perfluorononanoic acid (PFNA).

In addition, DEP has adopted rule amendments to:

1. Expand testing of private wells subject to sale or lease for PFOA, PFOS, and PFNA under the Private Well Testing Act (PWTA);
2. Establish specific ground water quality standards for PFOA, and PFOS, and PFNA;
3. Add PFOA, and PFOS, and PFNA to New Jersey’s List of Hazardous Substances; and
4. Expand the New Jersey Pollutant Discharge Elimination System (NJPDES) permit application testing requirements/pollutant listings and requirements for discharges to ground water to include PFOA, PFOS, and PFNA.

What are the MCLs for PFOA, PFOS, and PFNA and what do they mean?

How is NJDEP implementing the PFAS MCLs?

Under regulations adopted by DEP, drinking water systems are required to routinely monitor for PFOA, PFOS and PFNA.

• PFOA and PFOS: Under regulations adopted by DEP in 2020, quarterly monitoring for PFOA and PFOS has been required for public community water systems and public nontransient noncommunity water systems since Jan. 1, 2021.
• PFNA: Under regulations adopted by DEP in 2019, monitoring for PFNA has been required for public community water systems serving 10,000 people or less with groundwater and public nontransient noncommunity water systems January 1, 2019. Testing requirements for all other public community water systems started January 1, 2020.

The DEP is actively maintaining a list of impacted public community and non-transient non-community water systems to keep the public informed on the progress and results of MCL compliance, testing and mitigation work. The DEP will issue a Notice of Noncompliance to a public water system if there is a violation of the state PFOA, PFOS, or PFNA MCL(s). Compliance is based on a running average of quarterly samples taken over the course of one year for each contaminant.

Any resident who is served by a public water system with an MCL violation should receive a  Tier 2 (Non-Acute) Public Notification from their water system within 30 days of the violation being determined. From the date that the DEP determines a state MCL violation has occurred, public water systems have one year to come into compliance with the MCL and must take steps to eliminate PFOA, PFOS, and/or PFNA from the water delivered to customers (i.e., installing treatment). Public water systems may elect to take interim measures, such as shutting off wells; however until a permanent solution has been reached, water systems are required to continually issue Tier 2 Public Notification to their customers at a frequency determined by the DEP.

DEP Assistance Available

• DEP has a section within its Division of Water Supply & Geoscience that serves to provide compliance assistance to public water systems that have incurred MCL violations. This group helps guide water systems through the regulatory steps needed to return to compliance. Note that New Jersey’s Safe Drinking Water Act Rules require a return to compliance within one year.
• Financial resources are available to public community water systems and nonprofit noncommunity water systems impacted by PFAS through the Drinking Water State Revolving Fund (DWSRF) loan program. Click here to learn more information on the Water Bank loan program. Interested systems can also contact the Bureau of Water System Engineering at (609) 292-2957.
• Public water systems that document that they have been damaged by discharges of PFAS may be eligible for funding by filing a claim with the Spill Compensation Fund. Please see the Processing of Damage Claims Pursuant to the Spill Compensation and Control Act rules, N.J.A.C. 7:1J for eligibility requirements or contact the NJDEP-Environmental Claims Administration at 609-984-2076 or visit its website.