Code of Massachusetts Regulations › 310 CMR - DEPARTMENT OF ENVIRONMENTAL PROTECTION › Title 310 CMR 70.00 - Environmental Results Program Certification › Section 70.03 - Compliance Certification Requirements

Current through Register 1525, July 5, 2024
(1)
Schedule for Submission of
			 Compliance Certification
.
(a)
			 The owner or operator of each ERP facility or unit shall submit a certification
			 in accordance with
			 310 CMR
			 70.03(2)  and thereafter
			 shall submit, as applicable, a periodic compliance certification in accordance
			 with the schedule set forth herein for the specific type of ERP facility or
			 unit.
(b) The owner or operator of
			 each ERP facility or unit, except underground storage tank systems subject to
			 310 CMR 80.00:
Underground Storage Tank (UST) Operator
			 Training
, shall submit a compliance certification in accordance with
			 310 CMR
			 70.03(1) and (2) within 60
			 days of:
1. the commencement of operation of
			 a new ERP facility or unit; except for boiler(s) subject to
			 310 CMR
			 7.26(30):
U Boilers
			 - Applicability
that must submit a certification in accordance with
			 the schedule in
			 310 CMR
			 7.26(32):
Certification
;
2.
			 the recommencement of operation of an ERP facility or unit for which no
			 certification was submitted during the year prior to recommencement; except for
			 boiler(s) subject to
			 310 CMR
			 7.26(30):
U Boilers
			 - Applicability
that must submit a certification in accordance with
			 the schedule in
			 310 CMR
			 7.02(3)(m):
Reactivating an Inactive Emission Unit
; or
3. acquiring an ERP facility or unit unless
			 exempted from this requirement pursuant to
			 314 CMR
			 18.10(3).
(c) If a periodic compliance
			 certification is required, then the owner or operator of the ERP facility or
			 unit shall submit the compliance certification by the end of each certification
			 period unless a statement of non-applicability is submitted to the Department
			 on a form prescribed by the Department.
(d) Notwithstanding
			 310 CMR
			 70.03(1)(a) and (b), a photo
			 processor holding a permit from the Massachusetts Water Resources Authority
			 pursuant to 360 CMR 10.000:
Sewer Use
is deemed to hold the
			 equivalent of an ERP certification and is not required to file a one-time
			 compliance certification pursuant to 310 CMR 70.00 and 71.00:
Industrial Wastewater Regulations for Photo Processors
, but
			 such a photo processor is required to pay an annual compliance fee to the
			 Department pursuant to 310 CMR 4.00:
Timely Action Schedule and Fee
			 Provisions
.
(e) A photo
			 processor located in the service area of the Massachusetts Water Resources
			 Authority and which hauls or ships photo processing waste off-site is required
			 to file onetime compliance certification pursuant to 310 CMR 70.00 and 71.00:
Industrial Wastewater Regulations for Photo
			 Processors
.
(f) Owners or
			 operators of the following types of ERP facilities or units shall submit a
			 periodic compliance certification to the Department by September
			 15th of each year except as provided in
			 310 CMR
			 70.03(h):
1. dry cleaners subject to
			 310 CMR 7.26(10)
			 through (16); and
2. printers, with the exception of very small
			 pronters, subject to
			 310 CMR 7.26(20)
			 through (29).
(g) The owner or operator of the following
			 types of ERP facilities or units shall submit a periodic or one-time compliance
			 certification in accordance with the following schedules:
1. The owner or operator of a facility with
			 boilers subject to
			 310 CMR
			 7.26(30):
U Boilers
			 - Applicability
shall submit a one-time certification in accordance
			 with the schedule set forth in
			 310 CMR
			 7.26(32):
Certification
.
2.
			 The owner or operator of an industrial wastewater holding tank shall submit to
			 the Department a one-time certification in accordance with the schedule and
			 conditions set forth in
			 314 CMR 18.10:
Certification
.
3.
			 The owner or operator of a photo processor subject to 310 CMR 71.00:
Industrial Wastewater Regulations for Photo Processors
shall
			 submit a one-time certification in accordance with
			 310 CMR
			 70.03(1)(b).
4. The owner or operator of a very small
			 printer as defined in
			 310 CMR 7.26(22)
			  shall submit a one-time certification in
			 accordance with
			 310 CMR
			 70.03(1)(b).
5. The owner or operator of a dental facility
			 subject to 310 CMR 73.00:
Amalgam Wastewater and Recycling Regulations
			 for Dental Facilities
shall submit a certification in accordance with
			 the schedule and conditions referenced in
			 310 CMR
			 73.07:
Compliance Certification
			 Requirements for Dental Facilities
.
6. An owner or operator of an engine or
			 combustion turbine subject to
			 310 CMR 7.26(40)
			 through (44) shall submit a certification in
			 accordance with the schedule and conditions set forth in
			 310 CMR
			 7.26:
Industry Performance
			 Standards
.
7. Scrap
			 recycling facilities, vehicle recyclers and vehicle manufacturers subject to
			 310 CMR 74.00:
Removal and Recycling of Mercury-added Components in
			 Vehicles
shall submit certification forms in compliance with the
			 applicable schedules and conditions referenced in
			 310
			 CMR 74.09:
Submittal of Compliance
			 Certifications and Reports to the Department
.
8. Manufacturers of mercury-added products
			 and lamps subject to 310 CMR 75.00:
Collection, Recycling, Labeling,
			 and Sales Ban of Mercury-added Products
, shall submit certification
			 forms in compliance with the applicable schedules and conditions referenced in
			 310 CMR
			 75.04:
Plans for Collecting and
			 Recycling Mercury-added Products
.
9. An Owner or Operator of an underground
			 storage tank system subject to 310 CMR 80.00: Underground Storage Tank (UST)
			 Operator Training shall submit a certification in accordance with the schedule
			 and conditions set forth in
			 310 CMR
			 80.34: Requirements for Compliance
			 Certification.
(h) The
			 Department may determine a schedule, less frequently than the schedule in
			 310 CMR
			 70.03(1)(f), for submission
			 of periodic compliance certifications, based on the following criteria:
1. the size, composition and activities of
			 the ERP sector;
2. the quantity and
			 types of (toxic) materials used and potential wastes, emissions and discharges
			 of the ERP sector;
3. the degree of
			 compliance with established regulatory requirements by the ERP
			 sector;
4. the degree of control
			 over the environmental and public health aspects of activities by the ERP
			 sector; and
5. any other relevant
			 information regarding the environmental consequences of the periodic compliance
			 certifications and return to compliance response rates and results within the
			 ERP sector.
The Department will notify the public and affected businesses
				by publishing a notice in the
Massachusetts Environmental Policy Act
				Monitor
and may also notify an ERP sector through industry trade
				associations, the Department's website and other appropriate cost effective
				methods of changes in the ERP sector's certification schedule.