Current through Register 1531, September 27, 2024
(1) Each
EMS progress report shall include the certification statements set forth in 310
CMR 50.84.
(2) The certification
statement shall be signed by a toxics use reduction planner who meets the
requirements of
310
CMR 50.62 or an EMS professional who meets
the following requirements:
(a) An EMS
professional may certify an EMS progress report for any toxics user or other
person if the professional has completed 16 hours of toxics use reduction
training, and has maintained documentation of such training.
(b) An EMS professional may certify an EMS
progress report for a facility owned or operated by his or her employer if the
professional has two years of documented experience in toxics use
reduction.
(c) After meeting the
requirements in 310 CMR 50.84(2)(a) and (b), all EMS professionals who continue
to certify EMSs pursuant to
310 CMR
50.80 shall complete at least 16 hours of
toxics use reduction continuing education training every six years.
(d) An EMS professional shall submit
documentation to the Department that he or she meets the requirements of 310
CMR 50.84 with the first EMS Progress Report that the EMS professional
certifies.
(e) Any EMS professional
who certifies an EMS progress report shall, for a period of three years,
maintain documentation of having met the continuing education requirements in
310 CMR 50.84(2)(c) and shall provide such documentation, upon request, to the
Department or to any facility for which the professional has certified or
intends to certify an EMS.
(3) Each EMS progress report shall include
the following written statement signed by either an EMS professional who meets
the requirements of 310 CMR 50.84(2) or a toxics use reduction planner who
meets the requirements of
310
CMR 50.62: "Based on my independent
professional judgment, I certify under penalty of law that the following is
true:
(a) I have examined and am familiar with
this EMS;
(b) The EMS satisfies the
requirements of
310 CMR
50.80; and
(c) The EMS demonstrates a good faith and
reasonable effort to integrate toxics use reduction planning into the
EMS."
(4) The EMS
progress report shall include the following written statement signed by a
senior management official of the facility: "I certify under penalty of law
that the following is true:
(a) I have
examined and am familiar with this EMS;
(b) The EMS meets the requirements of
310 CMR
50.82 and the elements specified therein are
being implemented;
(c) The EMS is
actively addressing environmental compliance issues;
(d) The individual who has certified the EMS
pursuant to 310 CMR 50.84(3) has provided me with documentation that he or she
meets the requirements of 310 CMR 50.84(2).
(e) These statements are based upon answers
to queries made by me to individuals who have been designated to implement the
EMS, and I have made my best effort to ensure that they are being held
accountable for implementing the system in good faith. I understand that by
choosing to implement an EMS in lieu of a toxics use reduction
plan, I am responsible for maintaining documentation to evidence a good faith
effort to implement all elements of the EMS.
(f) I am aware that there are penalties for
submitting false information, including possible fines and
imprisonment."
