Newsletters & Articles

On August 5, 2021, the New Jersey Department of Environmental Protection (“NJDEP”) issued updated guidance on requirements for evaluating Contaminants of Emerging Concern (“CECs”), such as per- and polyfluoroalkyl substances (PFAS). 

The August 5^th  NJDEP update specifically addresses 4 CECs, including: PFAS; 1,4-dioxane; 1,2,3-trichloropropane (1,2,3-TCP), and perchlorate.

The requirement to evaluate CECs applies to any site currently undergoing remediation in NJ, as well as sites that have already completed the active remedial process but have ongoing maintenance or monitoring obligations.  As an example, for a site where a Remedial Action Permit has already been obtained, but a Classification Exception Area (CEA) is in place, the Licensed Site Remediation Professional (LSRP) for the site will need to conduct a CEC evaluation for the site.  Likewise, for sites that are still in the remediation process, the LSRP is required to assess whether one or more of the 4 specified CECs is a potential contaminant of concern at the site. 

While this may have slipped under the radar for some, parties with ongoing compliance obligations at a remediated site should understand that a CEC evaluation will be required as part of their next report submission.  For instance, NJDEP has updated its Biennial Certification forms to specifically require a CEC evaluation as part of the submittal for sites with Remedial Action Permits.

The NJDEP Guidance for evaluating CECs can be found here:  https://www.state.nj.us/dep/srp/emerging-contaminants

On June 15, 2022, the U.S. Environmental Protection Agency (EPA) released four drinking water health advisories for per- and polyfluoroalkyl substances (PFAS) in the latest action under President Biden’s and the EPA’s PFAS Strategic Roadmap.

The EPA had previously established the health advisory levels at 70 parts per trillion for combined concentrations of PFOA and PFOS.  

The new HALs are as follows:

These health advisory levels are orders of magnitude lower than before, and are likely to trigger lower state-specific standards across the U.S. These interim health advisories will remain in place until EPA establishes a National Primary Drinking Water Regulation, with a goal of issuing the final standards by the end of 2022.  These interim standards for PFOA and PFOS are currently well below laboratory detection limits, which creates a whole new challenge. Brickhouse Environmental’s scientists have continued to hone their expertise in PFAS sampling & analysis, as well as source identification and migration studies in soil, wastewater, and groundwater.  If you have questions on PFAS or related topics, contact David Farrington, P.G. at dfarrington@brickhouse-environmental.com.