Certification of an EMS Progress Report

(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."