New Jersey continues to lead the country in tightening environmental standards, this time by proposing formal regulations around a group of persistent pollutants known as PFAS, or “forever chemicals.” The NJDEP’s March 2025 rule proposal would codify soil and groundwater remediation standards for GenX, PFNA, PFOS, and PFOA.
What’s in the Proposal?
The rule would replace previous interim standards with enforceable thresholds for:
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Groundwater quality (e.g., GenX = 0.02 µg/L)
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Soil and leachate levels (e.g., PFOS = 0.11 mg/kg for residential soil)
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Examples of New Soil Standards:
PFAS Compound Residential Soil Standard (mg/kg) Soil Leachate Standard (µg/L) GenX 0.23 0.40 PFNA 0.047 0.26 PFOA 0.13 0.28 PFOS 0.11 0.26
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Contaminant screening protocols for remediation projects
Once adopted, these thresholds would apply to any active or future site under NJDEP oversight—and that includes previously closed sites if contaminants weren’t tested for at the time.
Who Should Be Paying Attention?
If you’re a property owner, developer, buyer, or environmental professional involved in industrial or commercial real estate in New Jersey, this proposal affects you. Even clean-looking properties can harbor PFAS from past industrial use, firefighting foams, or biosolid applications.
Whether you’re dealing with:
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Pending transactions
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Brownfield redevelopments
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Closed LSRP files
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NJPDES-DGW permits
…this rule could bring your site back under the microscope.
Why This Matters Now
These changes reflect a broader shift: regulators are treating PFAS as a permanent threat that must be managed site-by-site, even at incredibly low detection levels.
So What’s the Solution?
There is no one-size-fits-all solution. But there is a responsible, protective course of action: Environmental Due Diligence
This is your best—and perhaps only—way to avoid getting blindsided by PFAS-related liabilities.
Here’s what that looks like today:
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Phase I ESA with PFAS-Specific Risk Screening
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Phase II Sampling using EPA Method 1633 and Synthetic Precipitation Leaching Procedure (SPLP)
These aren’t just best practices—they’re becoming table stakes.
Owners of commercial and industrial real estate should start working to understand how the proposed regulations could change their existing permits and obligations by requesting a Consultation on Reopening Concerns for existing LSRP cases or permits.
Don’t Wait Until It’s Mandated
Whether you’re looking to buy, sell, finance, or redevelop property in NJ, PFAS will become a core part of the conversation.
Our team at Taylor Wiseman & Taylor has extensive experience working with PFAS-impacted sites and regulatory filings. We’ll help you make informed decisions—and avoid expensive surprises.