New Jersey’s Regulatory Precedent
New Jersey established enforceable maximum contaminant levels for PFNA (13 ppt), PFOA (14 ppt), and PFOS (13 ppt) in 2020 — becoming the first state to set enforceable drinking water standards for PFNA and PFOS, and one of the first for PFOA. These standards were significantly stricter than EPA’s then-current health advisories and presaged the federal approach to PFAS drinking water regulation.
New Jersey’s PFAS regulatory action was driven by contamination discovered near multiple industrial sites and military installations across the state, including sites in the Passaic River watershed, Camden area, and areas near Atlantic City. The Dupont Chambers Works site near Deepwater — where PFOA was manufactured for decades — created significant community contamination that drove both legal action and regulatory response.
Technical and Analytical Achievements
Setting enforceable MCLs at sub-15 ppt levels required demonstrating analytical capability to consistently measure PFAS at these concentrations — a challenge that drove improvements in New Jersey’s laboratory certification program and water system analytical capacity. The state worked with certified laboratories to establish quality assurance protocols capable of reliable low-ppt PFAS measurement.
New Jersey’s MCL standards used a risk assessment framework that accounted for bottle-fed infant exposure — a sensitive population pathway that justifies lower standards than adult-only risk assessments would produce. This approach was later adopted by EPA in developing the 4 ppt federal MCLs.
Influence on Federal and State Policy
New Jersey’s regulatory leadership directly influenced EPA’s PFAS regulatory process. EPA regulatory staff cited New Jersey’s MCLs as evidence of technical feasibility when promulgating federal standards. Several other states — including New York, Massachusetts, and Vermont — subsequently adopted state standards, creating a national landscape of progressive PFAS regulation that preceded and helped shape the 2024 federal MCLs.
New Jersey continues to develop additional PFAS regulations, including standards for additional compounds beyond the initial three MCLs and stormwater PFAS management requirements. The state’s regulatory pipeline demonstrates the ongoing evolution of comprehensive PFAS governance at the state level.