New PFAS Regulations in New Jersey

On June 16, 2025, the New Jersey Department of Environmental Protection (NJDEP) adopted amendments to the Discharges of Petroleum and Other Hazardous Substances (DPHS) Program rules under the NJ Spill Compensation and Control Act (Spill Act). The amendments are to Appendix A of N.J.A.C. 7:1E, which define Hazardous Substances under the Spill Act. Appendix A now includes over 200 per- and polyfluoroalkyl substances (PFAS). Previously, only three PFAS were Hazardous Substances in New Jersey - perfluorooctanoic acid (PFOA), perfluorooctane sulfonic acid (PFOS), and perfluorononanoic acid (PFNA). These changes predate, but align with, NJDEP’s “Forever No More: New Jersey’s Commitment to PFAS Action” initiative from July 2025, which outlines the state’s approach to current and future action on PFAS.  But what does the addition of over 200 PFAS to the Hazardous Substances list actually do for regulated parties or imply for NJ Licensed Site Remediation Professionals (LSRPs)? 

In broad terms, the designation of chemicals as Hazardous Substances specifically provides NJDEP with the latitude to seek and recover damages for their release and the ability to take response actions where these compounds are discovered. NJDEP already had this authority, but now any past ambiguity is removed, and potential requirements for reporting, cleanup, and site liability are confirmed under the Spill Act, the Industrial Site Recovery Act (ISRA) and related Contaminated Site Remediation & Redevelopment (CSRR) programs.  Further, major facilities that store PFAS in any amount or concentration must now update their Discharge Prevention, Containment, and Countermeasure (DPCC) and Discharge Cleanup and Removal (DCR) plans to account for management and containment of these newly added PFAS, regardless of their quantity of concentration. The formal listing of these PFAS as Hazardous Substances also memorializes their designation in the state’s regulations at a time when federal requirements are particularly fluid. For more information on what this new rule means for you and your site, please reach out to one of Ramboll’s LSRPs or PFAS subject matter experts.