Gibbons attorney reviews NJ’s new limits for two potentially harmful chemicals in drinking water

Editor’s Note: Does your drinking water come from a private well? If so, did you know that New Jersey now requires you to test it for the presence of two, potentially harmful chemicals — PFOA and PFOS? We learned this–and more–when we read the informative alert below.

New Jersey Publishes Formal Stringent Drinking Water Standards for PFOA and PFOS

BY CHRISTOPHER J. CAVAIOLA, Gibbons

On June 1, 2020, the New Jersey Department of Environmental Protection (DEP) officially published health-based drinking water standards for perfluorooctanoic acid (PFOA) and perfluorooctane sulfonic acid (PFOS). These chemicals have received serious attention from the environmental community in the last several years due to increasing science that has confirmed the harmful impact of PFOA/PFOS on human health and the environment.

These new more stringent rules, published in the New Jersey Register, set maximum contaminant levels (MCLs) at: 14 parts per trillion for PFOA and 13 parts per trillion for PFOS. The DEP also added PFOA and PFOS to the state’s list of hazardous substances. Site remediation activities and regulated discharges to groundwater of PFOA and PFOS will now have to comply with these new standards. These new formal standards establish a regulatory framework that will provide consistency in remediation activities statewide.

It is important to note that PFOA and PFOS are just two of potentially thousands of per- and polyfluoroalkyl substances (or PFAS). To date Vermont and New Hampshire are the only other two states to set MCLs for PFAS. New York is working on similar standards. New Jersey issued a standard of 13 parts per trillion for perfluorononanoic acid (PFNA) in 2018.

The federal government has not yet established MCLs for PFAS. While there are treatment technologies in existence that effectively remove PFAS from drinking water, there are concerns with how effective these technologies are in remediation scenarios. The rules will require that all water systems in New Jersey begin monitoring for PFOA and PFOS within the first quarter of 2021. As many as 1,000 water systems already report levels of PFOA and PFOS in the state.

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New Jersey investigating trooper shooting that killed black driver on Garden State Parkway

As nation struggles with fallout from in-custody death of George Floyd in Minneapolis, advocates say they find trooper-involved shooting on Garden State Parkway ‘troubling’

MICHAEL HILL, NJTV NEWS | JUNE 10, 2020

Social justice advocates are calling for a transparent investigation of a New Jersey state trooper shooting and killing of 28-year-old Maurice Gordon of New York two days before the Memorial Day killing of George Floyd in Minneapolis.

Newly-released tape shows the encounter on the southbound side of the Garden State Parkway near exit 50 in Bass River where Gordon steered his apparently disabled Honda to the left shoulder after passing a trooper at 110 miles an hour. The dash camera shows Sgt. Randall Wetzel encouraging Gordon to get in his trooper vehicle. Gordon sits in the back seat.

The tape clearly shows the sergeant calling for a tow truck. He asks Gordon where does he want the car towed and whether Gordon can pay for it. The trooper also offers Gordon a face mask. The trooper is standing behind his own car when Gordon decides he wants to get out.

The two scuffle for a minute and a half. Then the trooper shoots Gordon six times.

Gordon falls to the ground. The trooper handcuffs him.

This is what he says when backup arrives: “He was in my car. I gave him a mask. He tried getting out of my car. We got in a fight on the side of the road. He tried running into my car. I got him out, sprayed him. We got in a fight again; he ran away from me, tried to hop into my car. I grabbed my gun. We were fighting with my gun and I shot him. He’s already cuffed.”

Family hires attorney

What led to the fatal shots being fired and Gordon’s death are now being investigated. Gordon’s family has hired attorney William Wagstaff.

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President Trump’s Invocation of Emergency Authority to Streamline Environmental Review for Infrastructure Projects

U.S. Construction and Infrastructure, and Environment, Land and Natural Resources Alert

By K&L Gates attorneys : Ankur K. Tohan, Cliff L. Rothenstein, Tim L. Peckinpaugh, David L. Wochner, Molly K. Barker, Endre M. Szalay June 9, 2020

The Trump administration issued two executive orders (EO) in the past month seeking to encourage economic development through regulatory reform and relief as the United States navigates the reopening of business and activities throughout the country after the peak of COVID-19.  Both EO’s offer potential opportunities and risks to stakeholders. Our regulatory and policy team is well-positioned to help stakeholders navigate the implementation of these important EO’s.

Last week, on June 4, 2020, the President issued an EO on Accelerating the Nation’s Economic Recovery from the COVID-19 Emergency by Expediting Infrastructure Investments and Other Activities (“Infrastructure EO”) directing federal agencies to waive environmental laws to speed up federal approval for new mines, highways, railways, pipelines and other projects given the current economic “emergency.” Specifically, the Infrastructure EO calls on the Departments of Transportation, Defense, Interior, and Agriculture, along with the U.S. Army Corps of Engineers, to use all relevant emergency and other authorities to expedite work on, and completion of, all projects that are within their authority to perform or to advance.

Just three weeks ago, on 19 May, the President issued an Executive Order on Regulatory Relief to Support Economic Recovery (Regulatory Relief EO) in the wake of the lifting of COVID-19 shelter-in-place orders across the country. As we discussed in our prior alert, the Regulatory Relief EO directs all federal agencies to identify regulations that may inhibit economic recovery and consider taking measures to temporarily or permanently rescind, modify, or waive those standards, or exempt entities or persons from them, consistent with applicable law, and consider exercising temporary enforcement discretion.

In the environmental context, both EOs offer the potential for significant gains to the regulated community if agencies shorten or simplify permitting and approval processes. While the Regulatory Relief EO focused on revising regulations that inhibit economic recovery, the Infrastructure EO issued last week directs federal agencies to use their lawful “emergency” authorities and other powers to respond to the national COVID-19 emergency and to facilitate the nation’s economic recovery. The Infrastructure EO also directs agencies to streamline environmental reviews under the National Environmental Policy Act (NEPA) and consultation under the Endangered Species Act (ESA).

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For more updates on issues in the Energy & Utilities, and Regulatory & Policy Industries, visit K&L Gates Hub.

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Pennsylvania advises residents to prepare for a severe summer

By Brian Myszkowski
Posted Jun 9, 2020 at 6:29 PM   

Governor Tom Wolf’s administration is encouraging Pennsylvanians to get ready for severe summer weather in the midst of the COVID-19 pandemic by preparing ahead of time.

At a Tuesday press conference, PEMA Executive Deputy Director Jeff Thomas and Department of Health Deputy Secretary for Health Preparedness and Community Protection Ray Barishansky offered advice and resources for Pennsylvanians as scalding summer heat and the hurricane season set in.

Thomas noted that the National Oceanic and Atmospheric Administration’s 2020 Atlantic hurricane seasonal outlook has called for a 60% chance of an above-average season, which runs from June 1 through the end of November.

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Pennsylvania normally sees about 12 named storms per year, Thomas said, and around three major hurricanes. The 2020 outlook calls for significantly more events.

“The prediction for this year is 13 to 19 storms, with as many as six of those categorized as major hurricanes,” Thomas said. “Regardless of how many storms form in the Atlantic, we all know too well that it only takes one to cause significant issues for us in Pennsylvania.”

While the commonwealth experiences few direct strikes from these storms, flooding, devastating winds, tornadoes and other issues can come up as well. As such, Pennsylvanians should begin preparing for a potentially rough season now, Thomas said, specifically noting that flood insurance is a great option.

“Regular homeowners’ insurance doesn’t cover damage from flooding,” Thomas said. “The data from the Federal Emergency Management Agency shows that just a single inch of water on the first floor of your home will cause about $25,000 of damage. That’s $25,000 of repairs that you would need to cover out of your own pocket, and that’s a financial hurdle many people simply can’t overcome.”

Thomas said that federal assistance for weather-related damage to property has become “more stringent than ever,” and even before that, it was not meant to “make you completely whole,” making flood insurance something of a necessity for homeowners and renters — even if you don’t happen to live in a flood plain.

“There’s a common misconception that flood insurance is available only to those who live in federally designated flood plains, but that is just not true,” Thomas said. “As a matter of fact, since 1993, more than 90% of the flood reports to the National Weather Service in Pennsylvania have happened outside of those identified flood zones.”

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New Jersey Governor decrees: Ye may go forth!

Gov. Phil Murphy lifts COVID-19 stay-at-home order

MOLLY BILINSKI Staff Writer Asbury Park Press

Murphy addresses criticism over rallies during pandemic
Gov. Phil Murphy/Chris Pedota

Gov. Phil Murphy on Tuesday announced that the stay-at-home order, aimed at mitigating the spread of COVID-19, has been lifted.

“These orders complement the actions we have already taken to begin our restart and recovery and will set the stage for the days to come,” Murphy said. 

Murphy’s stay-at-home order was put in place March 22.

In addition, effectively immediately, indoor gatherings will be permitted at whichever number is lower – 25% of a building’s capacity or 50 people total, Murphy said.  

In addition, the limit on outdoor gatherings is raised from 25 to 100 people. 

“With both of these orders, social distancing will remain our watch words. While they will allow for greater movement and greater flexibility, our No. 1 concern must remain protecting public health,” Murphy said.

School districts planning graduations should prepare for a 500-person limit to be in place by the time graduations can resume July 6, Murphy said.

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Sending the kids off to Camp Corona? Here are the rules

By Amanda Hoover | NJ Advance Media For NJ.com

When New Jersey summer camps and educational reopen on July 6, they will be required to screen campers for illness, use masks and increase sanitation among other restrictions to protect against the spread of the coronavirus, officials announced Monday.

Health Commissioner Judith Persichilli said summer day camps must submit their COVID-19 policy plans 24 hours before opening, and include details for maintaining social distancing and sanitizing facilities.

Groups should include the same children and staff when possible each day, and the campers should not engage in full-contact sports, she said. Camps should also stagger meal times, as well as arrivals and dismissals to avoid large groups packing one area at a time.

The health department guidance also calls for staffers to wear cloth masks, unless they have a health condition, are in extreme heat or are swimming. Children under the age of 2 should not wear masks, but older campers should when they are less than six feet away from those outside of their group.

The guidance does not allow for overnight camps. In addition, off-site activities are also not permitted.

“Opening of camps is important for New Jersey families who are in need of childcare services as a viable option in additional to traditional childcare centers,” Persichilli said. “As we open up more activities, we have guidance in place in order to protect the public’s health.”

Gov. Phil Murphy also made the announcement during his coronavirus briefing in Trenton that municipal and privately-operated pools can open for the summer season starting June 22. Officials will announce guidance for pools on Tuesday, he said, but he noted that summer camps may use pools.

Murphy gave the green light to summer day camps and educational programs late last month as New Jersey continues to move toward Stage 2 of his multi-phase reopening plan. That stage begins June 15 with the reopening of outdoor dining at restaurants and allowing customers inside nonessential businesses at half capacity.

The rules will “ensure that everyone has a safe but memorable summer,” Murphy said Monday.

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