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Would MassDEP hold an EMS professional or Toxics Use Reduction Planner who certifies a facilitys EMS responsible if the EMS does not actually meet the requirements of 310 CMR 50.80?

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Would MassDEP hold an EMS professional or Toxics Use Reduction Planner who certifies a facilitys EMS responsible if the EMS does not actually meet the requirements of 310 CMR 50.80?

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In signing the Progress Report, an EMS Professional or TUR Planner is certifying that the facility’s EMS satisfies the requirements of 310 CMR 50.80 and that it demonstrates a good faith and reasonable effort to integrate toxics use reduction, at the time the professional signs the Progress Report. The professional or planner would not be held responsible if, after certification, a company changes the EMS or fails to implement the EMS so that the EMS no longer meets the TURA regulations. The ultimate responsibility for ensuring that the EMS meets the requirements lies with the senior management official.

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