tools

Connecticut Follows Massachusetts Waste Site Program

The Connecticut Department of Environmental Protection (CTDEP) issued a letter on April 18 to the regulated community encouraging them to anticipate the soon-to-be required Reasonable Confidence Protocols (RCPs). CTDEP hopes that implementation of laboratory protocols consistent with the RCPs will assure high data quality and expedite review of waste site cleanup documentation in Connecticut.

The implementation of RCPs by CTDEP follows Massachusetts Department of Environmental Protection (MADEP) implementation of the Compendium of Quality Assurance and Quality Control Requirements and Performance Standards (Compendium). Both programs seek to improve the quality of data being submitted in support of waste site clean up decisions and establish this new improved standard as a baseline for data quality. These baselines, referred to as Reasonable Confidence by CTDEP and Presumptive Certainty by MADEP, are achieved when laboratories follow specific quality assurance and quality control (QA/QC) procedures and then document these procedures in a standard format.

Licensed Environmental Professionals in Connecticut and Licensed Site Professionals in Massachusetts who demonstrate Reasonable Confidence and Presumptive Certainty will avoid delays and questions from regulators regarding data quality and usability. Those LEPs and LSPs who deviate from the protocols, either by choice, design or necessity, must demonstrate that the laboratory methods employed and the QA/QC techniques used were adequate and appropriate for making waste site decisions and may be faced with protracted data review by regulators.

As the CTDEP is implementing the RCPs, the MADEP is revising requirements associated with the Compendium and the LSP’s demonstration of Presumptive Certainty. Though still being discussed, GEC understands that in the future LSPs responsibility in the context of Presumptive Certainty will expand and take on elements that include reviewing and validating that laboratories are actually performing the internal QA/QC procedures required by the Compendium. To date, a laboratory’s documentation that procedures are being followed was enough, but GEC understands that soon the LSPs will be taking a more active role in understanding the inner workings of the labs and will have to certify such understanding in their reports. Given the past history, it is likely that Connecticut will not be far behind.