PFAS Are Everywhere, Including on CTDEEP’s Revised Environmental Condition Assessment Form

The Connecticut Department of Energy & Environmental Protection (CTDEEP) amended its Environmental Condition Assessment Form (ECAF) to include a section requiring disclosure of historical activities that could indicate the potential presence of PFAS or other emerging contaminants, including 1,4 –dioxane.  Starting May 31st, the updated ECAF must be used and submitted to CTDEEP when entering a site into a CTDEEP Voluntary Remediation Program or concurrently with the filing of a Form I, III or IV for a real estate or business transaction subject to the Connecticut Transfer Act.

The new ECAF arrives as CTDEEP continues to evaluate how to address PFAS and other emerging contaminants under its Remediation Standard Regulations, including its plan to roll out new Additional Polluting Substance (APS) criteria for these contaminants in the coming months. However, consistent with CTDEEP’s view that emerging contaminants should be investigated if/when they are potential contaminants of concern (COCs), the amended ECAF (which must be signed by both the “Certifying Party” and a CT Licensed Environmental Professional) requires filers to provide information about historical operations and activities potentially involving PFAS, 1,4-dioxane and/or perchlorate at the property (or associated with the site’s business), as well as all emerging contaminants detected in soil and groundwater.  Historical activities potentially implicating these emerging contaminants include, but are not limited to, metal plating, car washing, aircraft deicing, biosolids application, certain textile production and medical device manufacturing.

For those of you that haven’t seen the movie “Dark Waters,” PFAS have been widely used in industry and consumer products and do not degrade easily in the environment. PFAS are linked to human health problems and environmental concerns, and are facing intense scrutiny by the U.S. Environmental Protection Agency, CTDEEP and state and federal lawmakers. Shipman’s Environmental Team closely tracks PFAS legal and technical developments, including federal and state laws and regulations, across the country (and internationally) and regularly advises clients on the impact of these developments in numerous business sectors. Please visit our PFAS Resource Center for more information.  If you have questions about PFAS, please contact a Shipman environmental lawyer.