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Environmental PFAS Statement

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Environmental PFAS Statement and Agreement

Client Name:    Contractor Name:

Whereas

WHEREAS, Client requires materials, products, or services that are free from regulated per- and polyfluoroalkyl substances (PFAS) to the extent required by applicable environmental standards and the parties' contractual obligations; and

WHEREAS, Contractor has represented that it has procured, tested, and will supply materials and provide services described in this Agreement consistent with PFAS declarations and testing protocols set forth herein; and

WHEREAS, the parties wish to document Contractor's PFAS-related representations, certifications, testing and notification obligations, and the commercial terms applicable to the supply and any required remediation or corrective actions.

Scope of Work

PFAS Statement and Certifications

Contractor certifies the following statements are true and accurate as of the date of execution:

No PFAS present above detection limits in supplied materials or products as tested in accordance with the testing protocol specified below.

PFAS detected in supplied materials or products. If checked, describe concentrations and locations:

Testing performed prior to delivery    Date of most recent test:

Test reports and chain-of-custody records attached to this Statement

Remediation, Notification and Indemnity

If PFAS in supplied materials or resulting from Contractor's performance are identified post-delivery at concentrations above applicable regulatory or contractual limits, Contractor shall, at Contractor's sole cost and expense: (a) notify Client in writing within three (3) business days of discovery; (b) coordinate and implement corrective action and remediation acceptable to Client and necessary to achieve compliance; and (c) indemnify, defend and hold Client harmless from and against all claims, liabilities, losses, costs, and expenses (including reasonable attorney fees) arising from such PFAS.

Payment Terms

Term and Termination

This Agreement commences on and will continue until unless earlier terminated in accordance with this Section.

Either party may terminate this Agreement for material breach that is not cured within days' written notice. Contractor's unresolved failure to disclose PFAS or to perform required remediation shall constitute material breach permitting immediate termination by Client.

Confidentiality

Each party shall maintain as confidential any non-public technical data, testing results, reports, and business information provided by the other party that is designated as confidential or that a reasonable person would understand to be confidential. Confidential information shall not be disclosed except to employees, contractors, or regulators with a need to know or as required by law; provided that the disclosing party shall provide prompt written notice of compelled disclosure to allow the other party to seek protective relief.

Governing Law

This Agreement will be governed by and construed in accordance with the laws of the state indicated below. The parties submit to the exclusive jurisdiction of the state and federal courts located in that state for dispute resolution.

Entire Agreement

This Agreement, including any attached PFAS test reports and schedules, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior negotiations, representations, and agreements. Any amendment must be in writing and signed by authorized representatives of both parties.

Certifications and Acknowledgments

By signing below, each signatory certifies under penalty of civil liability that the information provided in this Environmental PFAS Statement is true and correct to the best of their knowledge, that the party has authority to make the certifications herein, and that the party will comply with the testing, notification, remediation, and indemnity obligations set forth above.

CLIENT

Printed Name:

By:

Date:

Title:

CONTRACTOR

Printed Name:

By:

Date:

Title:

Enter text✕

What an Environmental PFAS Statement Is

An Environmental PFAS Statement is a formal disclosure or attestation that describes the presence, concentration, and testing methods for per- and polyfluoroalkyl substances (PFAS) associated with a product, material, property, or process. It typically lists tested compounds, analytical results with detection limits, laboratory accreditation, chain-of-custody information, and any remedial actions or restrictions. Organizations use the statement for procurement diligence, regulatory reporting, transaction due diligence, contractor compliance, and internal risk management as PFAS regulatory requirements continue to evolve across federal and state agencies.

Why a Clear PFAS Statement Matters

A concise Environmental PFAS Statement reduces ambiguity about chemical risk, supports regulatory and contract compliance, and documents testing and controls for stakeholders and regulators.

Why a Clear PFAS Statement Matters

Who Prepares and Relies on PFAS Statements

Multiple stakeholders prepare or request PFAS statements to manage liability and meet regulatory or contractual requirements.

  • Manufacturers and suppliers providing material composition disclosures and compliance data to customers and regulators.
  • Real estate sellers, buyers, and environmental consultants during property transactions and site assessments.
  • Procurement, construction, and project managers who require material compliance for specifications and warranties.

Depending on the transaction, signatories may include an authorized company official, certified laboratory representative, or environmental consultant with delegated authority.

Core Sections Found in a Professional PFAS Statement

A practical statement is organized, traceable, and includes test data plus claims and limits to support clear interpretation by third parties.

Declaration

Who is attesting and their authority, including corporate name and title of the signatory for legal accountability.

Scope

Products, materials, locations, or processes covered, with sample identifiers and relevant dates for clarity.

Test Results

Quantitative results with units, detection limits, and flags for non-detects so readers can assess compliance numerically.

Analytical Methods

Laboratory method names (e.g., EPA methods), instrument type, and any deviations from standard protocols.

Chain of Custody

Sample handling, collection dates, courier or chain-of-custody documentation ensuring data integrity.

Limitations & Actions

Interpretive notes, risk mitigations, storage/disposal instructions, and any remediation commitments or restrictions.

Step-by-Step: Prepare and Sign a PFAS Statement

Follow a consistent sequence to collect evidence, document results, and complete the statement accurately.

  • 01
    Assemble Records: Gather sample IDs, lab reports, chain-of-custody, and applicable specifications.
  • 02
    Order Laboratory Tests: Select accredited labs and specify methods and detection limits.
  • 03
    Populate Statement: Complete required fields with exact values and attach supporting reports.
  • 04
    Sign and Distribute: Obtain authorized signature, retain copies, and send to stakeholders or regulators.

Configuring an Online PFAS Statement Workflow

Design the digital workflow to capture evidence, require attachments, and enforce signer authentication for defensibility.

Field Configuration
Authorization Require signer role validation and documented authority for attestations.
Authentication Use email + OTP or stronger methods for higher assurance.
Attachments Make laboratory reports and COC required uploads before signature.
Archive Store signed PDFs with audit trail and tamper-evidence.

Where a Completed Statement Typically Goes

A signed statement moves through a predictable set of recipients depending on purpose and contractual or regulatory obligations.

  • Regulatory Submission: Sent to state or federal environmental authority where required.
  • Supplier Records: Retained by suppliers for compliance and future audits.
  • Transaction Closing: Included in due diligence packages for property or product sales.
  • Public Disclosure: Published when required by law or stakeholder agreements.

Technical Requirements for Digital Preparation and Signing

Choose tools that preserve attachments, enforce authentication, and maintain an immutable audit trail.

  • File Formats: Accept PDF/A and Word DOCX for archival and readability.
  • Integrations: Link to cloud storage and LMS for record retention.
  • Authentication: Support email OTP, SMS, and optional KBA for higher assurance.

Ensure the platform supports ESIGN/UETA legal requirements, stores audit logs, and offers encryption in transit and at rest for evidentiary weight.

Essential Security and Audit Items to Include

Signature Date: Timestamp of execution
Signer Identity: Name and title
Chain of Custody: Sample handling records
Lab Accreditation: Accrediting body listed
Method & MDL: Analytical method noted
Audit Trail: Action log preserved

Common Errors to Avoid When Preparing the Statement

  • Omitting the analytical method or detection limit, which prevents interpretation of non-detects and can invalidate comparisons.
  • Failing to attach an accredited lab report and chain-of-custody, leaving results unsupported and contestable.
  • Using vague product or location descriptions instead of specific identifiers like batch numbers or parcel IDs.
  • Allowing an unauthorized staff member to sign without documented delegation or corporate authority, risking unenforceability.

Key Risks and Potential Consequences

Regulatory Fines: Monetary penalties and enforcement actions
Contract Liability: Breach claims or warranty disputes
Remediation Costs: Cleanup and disposal expenses
Civil Litigation: Potential class or third-party suits
Operational Impact: Supply chain and product delays
Reputational Harm: Loss of trust among customers

Timing and Typical Deadlines

Deadlines vary by context; include laboratory turnaround, request-response windows, and any regulatory reporting dates in the project plan.

Response on Request:

Provide statement upon customer or regulator request promptly; no universal statute sets a standard interval.

Lab Turnaround:

Typically 2–6 weeks depending on compound list and method.

Retention Start Date:

Begin retention from report issuance or signature date, whichever is later.

Contractual Deadlines:

Align statement date with closing or delivery milestones in agreements.

Regulatory Reporting:

Meet any state-specific reporting dates when statutes require disclosure.

Frequently Asked Questions About PFAS Statements

Answers address scope, evidentiary standards, signing authority, eSignature validity, and correction procedures for common scenarios.


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