The New Jersey Legislature is poised to be a national leader in addressing the toxic legacy of so-called forever chemicals that threaten the health and safety of families across our state. It’s time for our lawmakers to take action.
These substances have a history in New Jersey and, despite the widespread contamination of drinking water systems in the state, perfluoroalkyl and polyfluoroalkyl substances (PFAS) — aka forever chemicals— continue to be added in the manufacturing of many common consumer products. A robust package of bills was introduced in the New Jersey State Legislature that, if passed, could address PFAS contamination of New Jersey waters while also phasing out the use of PFAS in many manufacturing processes.
PFAS are a family of human-made chemicals that are known as forever chemicals because they repel water, oil, and grease and are resistant to heat and chemical reactions, preventing them from breaking down. Their legacy in New Jersey dates to the early 2000s when they were discovered in the Delaware River. Ever since, PFAS have come to define one of the greatest threats to drinking water, air and soil quality for both wildlife and human beings in the Delaware River watershed. Currently, New Jersey has regulated some PFAS in drinking water, perfluorooctanoic acid (PFOA), perfluorooctanesulfonic acid (PFOS) and perfluorononanoic acid (PFNA), but with over 12 thousand PFAS, other steps are needed to protect drinking water in New Jersey and across the watershed.
The solution must be multidimensional: regulating PFAS as a class of “emerging contaminants,” limiting the continued production of PFAS and reporting when PFAS contamination has reached the maximum contaminant level (MCL).
Time for action
The time to address PFAS contamination in our waters has been made apparent by a group of state legislators who are prepared to take the first step in a multifaceted approach by codifying limitations on the future production of PFAS while ensuring the protection of public water systems. A package of five bills, introduced by Sen. Bob Smith (D-17) and Assistant Majority Leader Sen. Linda Greenstein (D-14), are poised to address PFAS contamination in New Jersey waters in several ways.
Perhaps the most significant of these bills is S-3177/A-4758. Recognizing that forever chemicals will not break down or go away, this legislation would prohibit the intentional addition of PFAS into many products made and sold in New Jersey. Rather than continue to fight PFAS after they have entered New Jersey soil, air and water, the state would regulate the addition of PFAS to everyday consumer items such as cosmetics, fabrics and food products. With the state requiring permitting and reporting for all products containing added PFAS, not only would forever-chemical pollution be stopped at some sources, but also the New Jersey Department of Environmental Protection (NJDEP) would be prepared to better address potential PFAS pollution from manufacturing.
This package also includes bills that would create new requirements for community water systems, protecting New Jerseyans from the threats of PFAS-contaminated drinking water. One bill, S-3179/A-4759, would require these water systems to notify their customers if they exceed the PFAS MCL. While this testing is currently reported to NJDEP and posted online, many customers may be unaware of the contaminated state of their drinking water due to the lack of direct reporting. In conjunction with this legislation is another bill, S-3180/A-4762 , that would require water systems to be prepared for a potential over-contamination by identifying an alternative water supply to service customers if the system exceeds the PFAS MCL.
The final bills, S-3176 / A-4760 and S-3178 /A4761 in the package begin to address the need for wider regulation of PFAS as a class of chemicals, rather than the current chemical-by-chemical method of regulating. With over twelve thousand different PFAS discovered, and only two currently regulated, New Jersey drinking water protection rules have a difficult time keeping up with the amount of different PFAS that threaten water quality. Regulation of PFAS as a class of chemicals would be a new format for PFAS regulation in New Jersey, allowing the DEP to consider all discovered PFAS as drinking water contaminants. This package of bills includes legislation that would require state agencies to study the regulation and treatment of PFAS to assess the feasibility of creating a MCL for PFAS as a class, also including a bill that would require the NJDEP to annually asses PFAS that are unregulated, to recommend a chemical specific MCL if necessary.
Currently, the full bill package is in the committee phase of the legislative process in each chamber of the state L:egislature. In the new year, our elected officials will have the opportunity to take a historic step toward protecting New Jersey’s drinking water from the forever-chemicals that threaten it most. The legacy of PFAS in New Jersey is disappointing, but this package of bills, along with the willingness of our legislators to act on the clear threat of these forever-chemicals, presents an opportunity for New Jersey to be a leader in addressing PFAS.
The need for action is clear, and the legislature has taken the first step, limiting PFAS pollution at the source, managing the level of PFAS contamination in state water systems and developing remediation technologies to finally remove PFAS from contaminated sites. We urge the state legislators to pass this robust PFAS bill package and safeguard the drinking water that millions of New Jersey residents rely on.