PFAS Regulation in New Jersey: Current Actions and Future Trends

NJDEP first identified PFAS as an issue of concern in New Jersey in 2006. In the years since, NJDEP has worked to advance the scientific understanding of PFAS, determine the impacts of PFAS upon human health and the environment in New Jersey, and reduce human exposure through regulation on and pollution cleanup. New Jersey has been at the forefront of regulating per- and polyfluoroalkyl substances (PFAS) in the United States, responding to widespread contamination concerns with some of the most comprehensive and stringent regulatory actions. The state’s regulatory framework reflects a combination of aggressive standard setting, enforcement actions against responsible parties, and proactive approaches aimed at protecting public health and the environment.

State Drinking Water Standards and Regulatory Framework

One of the cornerstone achievements of New Jersey’s PFAS regulation is the establishment of enforceable maximum contaminant levels (MCLs) for several PFAS compounds in drinking water. In contrast to federal regulatory action, where national MCLs for PFAS have been slow to materialize, New Jersey has adopted stringent standards based on health-protective risk assessments and state environmental data. The New Jersey Department of Environmental Protection (NJDEP) has established Maximum Contaminant Levels (MCLs) for several PFAS compounds in drinking water:​  Perfluorononanoic acid (PFNA) 13 ppt​; Perfluorooctanoic acid (PFOA) 14 ppt; Perfluorooctanesulfonic acid (PFOS) 13 ppt. These standards require public water systems to monitor for PFAS and take corrective action when concentrations exceed regulatory thresholds.

In 2024, New Jersey introduced new rules to better monitor PFAS in drinking water. Under these rules, water systems must test for more types of PFAS and clearly share the results with the public. This helps residents understand what is in their drinking water and supports efforts to protect public health. New Jersey has also set stricter limits on PFAS released by factories and wastewater treatment plants. These rules are meant to stop PFAS from entering rivers, groundwater, and drinking water sources. By updating its regulations as new scientific research becomes available, the state is taking ongoing steps to reduce PFAS pollution and protect communities.

Monitoring, Data Transparency, and Public Engagement

DEP has added PFNA, PFOA and PFOS to the list of hazardous substances under its regula ons authorized by the Spill Compensa on
and Control Act (N.J.A.C. 7:1E)14. At the federal level, EPA has added PFOA and PFOS to the list of hazardous substances covered by the
Comprehensive Environmental Response, Compensa on, and Liabili es Act of 1980 (CERCLA).

New Jersey has strong rules to track PFAS in drinking water and the environment. Public water systems must regularly test for PFAS and report the results to state and federal databases. The state also shares PFAS data online, making it easier for communities to see information about PFAS levels in their local drinking water and the environment.

Enforcement Actions and Remediation

Beyond setting drinking water standards, New Jersey actively uses legal enforcement to hold polluters accountable for PFAS contamination. The state has filed lawsuits against chemical manufacturers to recover costs related to site cleanup, drinking water treatment upgrades, and public health protection. Several major settlements illustrate this approach. For instance, New Jersey reached a settlement with Solvay Specialty Polymers, which agreed to remediate the site and off-site areas at an estimated cost of over $200 million, provide DEP with payments of $75 million for natural resource damages, and provide over $100 million to fund treatment of public water supplies and other remedial projects. In another case, lawsuits against DuPont and Chemours over PFAS pollution resulted in settlements that fund environmental cleanup and water treatment improvements. These enforcement actions reflect a broader trend toward producer responsibility, holding companies financially liable for legacy contamination. By combining strict standards with litigation and settlements, New Jersey seeks to reduce current PFAS exposure while addressing long-term environmental and public health impacts of past industrial pollution.

The New Jersey DEP will continue to maintain and expand the New Jersey Technical Assistance Program (NJTAP) to provide technical guidance and compliance support to public water systems. DEP will also continue to offer financial assistance through the Water Infrastructure Investment Plan (WIIP), which enables the expedited deployment of Drinking Water State Revolving Fund resources to help offset the costs associated with meeting regulatory requirements. In addition, DEP will launch the Emerging Contaminants for Small or Disadvantaged Communities grant program. This initiative will prioritize assistance to water systems that have already exceeded New Jersey’s PFAS maximum contaminant levels, with funding allocated based on demonstrated financial need.

Future Trends and Emerging Regulatory Directions

Looking forward, New Jersey’s PFAS regulatory landscape is likely to continue evolving along several key trends:

1. Update MCLs and Foster Compliance

New Jersey will likely incorporate federal regulations and work closely with water systems to ensure compliance, including public notification and corrective action. It will also continue to evaluate other emerging PFAS contaminants and request environmental evaluations and regulatory recommendations.

2. Broader Class-Based Regulation

Regulators are increasingly adopting class-based approaches to regulate PFAS as a group rather than one chemical at a time. This shift reflects the large number of PFAS and the challenges of developing health and exposure data for each compound. New Jersey is exploring regulatory frameworks that would apply to broader PFAS categories, helping to address gaps left by chemical-specific standards. Besides, EPA adopted a hazard index of 1 for the mixture of two or more of PFNA, PFHxS, HFPO-DA, and PFBS. DEP is studying how to use it.

3. Enhanced Risk Communication and Environmental Justice

As scientists learn more about PFAS and rules continue to develop, New Jersey is placing more focus on clear risk communication and environmental justice. This means helping communities understand their PFAS exposure risks and making sure they have a real voice in decisions about environmental regulations that affect their health and environment.

New Jersey has one of the strongest PFAS control programs in the United States. By setting strict drinking water limits, enforcing the law, and closely monitoring contamination, the state has become a leader in managing PFAS. Looking ahead, New Jersey is likely to keep improving its approach by regulating PFAS as a group, expanding testing, and better controlling pollution sources as new science and public health needs emerge.