“A Glass of Water, No Tire”

In the documentary Dark Waters, the ingestion of PFAS (per- and polyfluoroalkyl substances) was compared to swallowing a tire. There are thousands of PFAS chemicals in use and littered about the environment—some estimate 12,000 kinds—but only a small proportion of these are regulated in New Jersey, which is perilous considering the highly adverse health effects attributed to these chemicals.

On Jan. 16, Gov. Phil Murphy signed legislation enabling the state to move forward with a study on potential regulation of the entire class of PFAS substances. This would concern PFAS maximum contaminant levels (MCL) in drinking water and also technology for removing PFAS from wastewater.

Also in January, Gov. Murphy signed A4125 into law. This prohibits the use of PFAS in firefighting foam used in New Jersey. Firefighting foam at airports is considered a major source of PFAS groundwater contamination.

“The legislation is a massive win for toxics regulation and the protection of drinking water for New Jerseyans,” said Sierra Club NJ Chapter Director Anjuli Ramos-Busot.

It was in 2020 that New Jersey established MCL for three types of PFAS in drinking water. The EPA has proposed even stricter MCL standards, and adoption of a rule was expected to occur early in 2024.

However, the Environmental Protection Agency (EPA) has moved more slowly than New Jersey in implementing realistic measures for regulating PFAS. In February, it announced plans to expand the types of PFAS in drinking water that would be regulated, but blanket regulation of these toxic compounds nationally is not yet in the cards.

The EPA also announced in February it is working on potential modification of the definition of hazardous waste, such that the federal government and individual states would have more latitude to address PFAS contamination cleanups at hazardous waste sites.

 Resources

NJ PFAS Legislation: shorturl.at/uxKT0

EPA on PFAS: www.epa.gov/pfas