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Understanding the New Interim Remediation Rules for GenX Chemicals

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Understanding the New Interim Remediation Rules for GenX Chemicals

The New Jersey Department of Environmental Protection (NJDEP) has been actively revising its remediation rules for environmental contaminants over the past year, particularly in response to the rising concerns surrounding per- and polyfluoroalkyl substances (PFAS), also known as “forever chemicals.” These substances, which are known to have a significant long-term impact on the environment, are coming under increasing scrutiny.

One of the key milestones in NJDEP’s work has been the introduction of a new set of remediation rules for GenX chemicals, a category of PFAS. GenX chemicals, or hexafluoropropylene oxide dimer acid and its ammonium salt, are man-made compounds widely used in the manufacturing of fluoropolymers like polytetrafluoroethylene (Teflon).

For property owners, developers, and individuals who may be involved in remediation work, understanding these new rules and standards is crucial. At Herbert Lutz & Co., we’re here to help you navigate these changes.

Revised Standards for GenX Chemical Remediation

PFAS, and GenX chemicals in particular, have been a primary focus of environmental enforcement efforts across the nation. These compounds were initially developed as an alternative to perfluorooctanoic acid (PFOA), another member of the PFAS family. However, growing evidence of the potential health risks associated with these substances has led to stricter regulations.

NJDEP first began revising its criteria for PFAS remediation orders in 2015. In October 2022, the department introduced standards for soil remediation related to several PFAS, including GenX chemicals. More recently, on June 5, 2023, NJDEP announced a new set of interim rules focused on groundwater, migration to groundwater, and soil leachate remediation for GenX chemicals.

The updated rules are effective immediately and include the following key standards:

1. Interim Specific Groundwater Quality Criterion – 0.02 micrograms per liter

2. Interim Migration to Groundwater Standard – Area of Concern / Site Specific

3. Interim Soil Leachate Remediation Standard – 0.40 micrograms per liter

Under these new standards, anyone conducting cleanup activities must evaluate whether GenX chemicals have been or are being used at the site. If GenX chemicals are found, remediation must occur down to the maximum levels prescribed by the new rules.

This is a significant consideration for property owners and developers, as these new standards could potentially impact cleanup timeframes and costs, as well as compliance with legal and regulatory requirements.

Trusted Advice and Expertise From Herbert Lutz & Co.

When dealing with a UST situation – whether it’s a discovery at your construction site, responding to a UST spill on your property, or inheriting contaminated property as part of an asset purchase – it’s critical to have expert advice and assistance on your side.

With years of experience in UST remediation and removal, Herbert Lutz & Company is the trusted partner you need. For comprehensive, knowledgeable assistance dealing with a UST on your property, contact our Florida office at 954-971-5222 or our New Jersey office at 908-862-8888.

We are committed to helping our clients navigate the complexities of environmental remediation, and we stand ready to guide you through the process, ensuring compliance with all current rules and regulations, including the new interim remediation rules for GenX chemicals.

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