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