1. Air Pollution Source Construction Permit
2. Minor Air Pollution Source Operating Permit
3. Major Air Pollution Source Operating Permit
4. Vehicle Emissions Compliance
5. Radon Testing
6. Open Burning

A. Air pollution permits are issued according to the dry weight pollutant per year anticipated to be emitted from a facility classified as either a minor or major source. All air pollution sources (facilities) to be constructed must obtain an Air Pollution Source Construction Permit. Construction permits are issued to ensure that facilities are constructed utilizing best available technologies to minimize, treat or eliminate specified quantities of pollutants.

There are many types of potential air pollution sources or land use activities that require Construction and Operating Permits. Some of these sources include: standby electric generators (>30kw), sandblasting and spray painting facilities, rock quarrying and processing facilities (batch plants), incinerators, boiler units, foundries, and dry cleaning facilities. For more information or assistance in determining if an activity or facility requires an Operating Air Pollution Permit, contact the Guam EPA Air Pollution Control Program.

The threshold limits outlined below define new or existing air pollution sources as being major or minor sources:

B. Major Stationary Sources

C. Minor Stationary Sources

All other facility source which fall below the Major Source thresholds are considered minor sources. There are six (6) Criteria Pollutants.

D. Vehicle Emissions. The Agency is authorized to conduct inspection and testing programs to identify vehicle emission problems. Of primary concern are emission from heavy equipment, buses and similar vehicles which use either gasoline or diesel fuel. The primary intent of this program as currently administered is to encourage proper vehicle maintenance to eliminate or reduce excessive exhaust pollution. The Agency will investigate vehicle visual emission complaints and is capable of testing opacity emissions from individual vehicles. Testing equipment is available to conduct on the spot determination in the field. Plans are being formulated to implementing a regular inspection and testing program.

E. Radon Testing of residential, commercial, and government buildings is available through Guam EPA's Radon Lab under the Air Pollution Control Program. The Agency will assist individuals in developing a radon testing plan, provide test results and follow-up testing as well as recommend methods to reduce radon gas problems if detected in significant quantities. Radon testing is offered free of charge as a public service. For more information on this testing service interested individuals are encouraged to contact the Guam EPA Air Pollution Control Program at 475-1611/2.

1. Storage of Hazardous Waste
2. Treatment of Hazardous Waste
3. Disposal of Hazardous Waste
4. Notification of Hazardous Waste Activity

   Other Requirements and Programs:

5. Underground Storage Tanks (UST's)
6. Hazardous Waste Importers
7. Hasso Guam! Household Hazardous Waste Cleanup Program

A. - C. The Guam Hazardous Waste Management Regulations (GHWMR) were developed to guide individuals and organizations in the proper methods and procedures for handling, transporting, storing, disposing, and treating hazardous wastes. It is also the objective of the regulation to establish a program that identifies hazardous wastes and provides for the regulation of the above mentioned activities to include the transport or transfer of wastes through program capabilities for inspection, permit review, and enforcement. The primary goal of the regulations is to protect human health and carry out management activities in an environmentally sensitive and sound manner. Certain sections of the Code of Federal Regulations dealing with hazardous wastes have been adopted under Guam's regulations by reference to provide for comprehensive coverage. The Administrator of Guam EPA serves as the primary certification and regulatory authority for hazardous waste management in Guam.

Common to all hazardous waste management activities are certain standards for identification, labeling, containers/packaging, ownership and responsible parties, emergency planning, and other considerations that account for all aspects of management. This comprehensive system is commonly known as the "cradle to grave" management system.

Individual permits may be issued for any of the activities listed from A through C of this section for government or privately owned facilities. Larger integrated facilities such as the military bases may manage hazardous wastes through a combination of activities and therefore obtain composite permits to treat, store and dispose (TSD) of certain hazardous wastes on-island. The permit is comprised of two parts. The Part A portion is a form that may be obtained from Guam EPA. The Part B portion is a narrative. For information on the Part B portion, please contact the Hazardous Waste Management Program or refer to Part X [adopted by reference, 40 CFR 270] of the GHWMR.

The transportation of hazardous wastes is regulated by the U.S. Department of Transportation through the Guam Department of Public Works, Highway Division. GEPA is involved from the standpoint of tracking waste types and quantities transported and accepted across state lines and internationally between different facilities. The Notification process ensures accurate tracking and accountability of various waste streams through registration with Guam EPA and USEPA.

The regulation of hazardous wastes, including identification, state or status of waste generated, and potential responsibilities of all parties involved is one of if not the most complicated regulatory task of the Agency. Individuals are strongly encouraged to contact the GEPA Hazardous Waste Managemnt Program for consultation and guidance.

D. Notification of Hazardous Waste Activity

The following activities require notification to Guam EPA and USEPA, and receipt of an EPA identification number:

1. Facilities that generate at least 50 kg of hazardous waste per calendar month; or 1 kg of acutely hazardous waste per calendar month.
2. Transportation of hazardous waste.
3. Treatment of hazardous waste.
4. Storage of hazardous waste.
5. Disposal of hazardous waste.
6. Marketing of used oil.
7. Hazardous Waste Fuel Marketers.
8. Burners of used oil.
9. Transportation of used oil.
10. Processor/Re-refiner of used oil.

Notification Forms may be obtained from Guam EPA's Hazardous Waste Management Program. Original completed forms must be submitted to Guam EPA for processing.


Other Requirements and Programs

E. Underground storage tanks (USTs) must be registered through completion of a UST Notification Form with the Agency to ensure that outdated tank technology is replaced in accordance with the Guam EPA and federal regulations. Guam EPA must be notified of all UST placements and removals. The effective life span of older tanks is limited, especially since the adoption of new federal regulations which require double walled tanks and leak detection systems. USTs must be inspected annually and removed or repermitted if found to be faulty or leaking. In most cases, when a tank does not conform to current regulations or has leaked petroleum product into the surrounding soil the tank must be removed, the soil remediated and a new tank installed if continued underground storage is desired. The Agency's UST program will inspect and prescribe a course of action to resolve any tank problem which must then be implemented by the tank owner. Above ground storage tanks are also regulated except that the primary concern for these tanks is a properly functional secondary containment system as opposed to double-walled tank designs.

F. Hazardous Waste Importers (into Guam) must obtain an Administrator's Consent. A complete notification must be submitted sixty (60) days before the initial shipment is intended from the point of embarkation. The importer may accept the hazardous waste only after receiving the Administrator's Consent. For more information on the notification requirements, please contact the Agency's Hazardous Waste Management Program.

1. Environmental Protection Plan (EPP)
2. Environmental Impact Assessment/Statement (EIA/EIS)
3. Minimum Lot Size
4. Sand, Soil, and Aggregate Importation
5. Wetland Development/Identification

A. Environmental Protection Plans (EPPs) are required for most clearing, grading and marine related construction work. The EPP should be developed by a project contractor who will be responsible for its implementation. EPP's describe the construction work to be undertaken including all methods of manual and mechanical work, the potential environmental impacts or problems that may be encountered and the environmental protection measures that will be employed to reduce, minimize, or eliminate impacts or problems. EPP's may include erosion and sedimentation control, vegetation, wildlife, and coral/marine resource protection measures, fugitive dust control, solid and hazardous waste management and disposal procedures, personnel safety procedures, work site maintenance, and typhoon contingency plans. EPP Guidance (PDF, 16K) is available through the Agency's Water Pollution Control Program.

B. Environmental Impact Assessments (EIAs) are required by executive order to be conducted for all zone change, variance, wetland, seashore, golf course (conditional use) type permits to the Guam Land Use Commission and Seashore Protection Commissions (GLUC/TSPC). Environmental Impact Statements (EIS) may be required if anticipated impacts will cause the significant loss, damage or degradation of resources. Comprehensive mitigation must be identified. EIAs may be required for other significant development proposals on a case by case basis, outside the scope of the Executive Order, by the Administrator.

The federal government must conduct EIA/EIS documentation for certain federal actions including new construction, transfer or change in use of federal lands and for most federally financed programs and projects. The Agency has developed guidance material (PDF, 16K) for the preparation for EIAs and EISs and a Short Form for small projects. Additionally, copies of the National Environmental Policy Act of 1969, which mandates assessments for all federal programs and activities, are available from the Agency's Planning and Review Division.

C. The Agency has established a land use policy which sets lot size standards for areas where public sewer is not available and located over the Groundwater Protection Zone as required by Public Law 24-51. Minimum lot sizes and densities applicable to all zoning designations for parceling and subdivisions are provided in the GEPA Minimum Yard and Lot Area Table (PDF, 6K) dated 10 October 1998.

D. Various landscaping, golf course, and resort businesses have imported sand and other quarried products from abroad for decorative landscaping and construction uses . These materials are subject to Executive Orders 91-16 and 91-37. The primary clearance agency is the Guam Department of Agriculture which issues an Importation Permit; however, Guam EPA through its laboratory analysis capabilities assumes a significant role in the clearance process in cooperation with the Guam Department of Agriculture. All sand and aggregate material imported must be accompanied by official records indicating chemical composition, pest-free certification, treatment certificate, and certificate of origin. Treatment (disinfection) must be conducted at the point of origin. The Agency will deny clearance of this material from customs if treatment cannot be authenticated or if any of the required documentation outlined above is not in order. These rules are intended to eliminate the introduction of foreign and potentially ecologically devastating micro bacteria and pathogens from establishing populations in Guam. The rules require certain minimum standards for disinfection per quantity of material and may be subject to inspection, sampling and laboratory verification in Guam. Individuals who desire to import sand and aggregate material are advised to consult with Guam EPA or the Guam Department of Agriculture before committing to off-island purchase and shipment. For more information and a copy of the rules, interested individuals may contact the Agency's Environmental Monitoring and Analytical Services Division or the Guam Department of Agriculture.

1. Notice of Arrival
2. Pesticide Dealer's License
3. Pesticide Certification and Training
4. Special Permits

The Agency's Pesticides Enforcement Program is responsible for regulating the importation, sale, use, storage and disposal of pesticides on Guam. The program has been delegated local and federal mandates under 10 Guam Code Annotated (GCA), Chapter 50, known as the Guam Pesticides Act, and the Federal Insecticide, Fungicides, and Rodenticide Act (FIFRA). Implementation of the Guam Pesticide Rules and Regulations, patterned after FIFRA, provide the means for conducting all aspects of Pesticide investigations within the island.

A. Notice of Arrival. Section 50118 of Guam's Pesticide Act requires that Guam EPA be notified of the arrival of pesticides and related devices into Guam. An importer intending to import pesticides and/or related devices into Guam must submit the Notice of Arrival Form to the Guam EPA Administrator for approval prior to arrival of the shipment into Guam.

B. Pesticide Dealer's License (PDL). In order to sell restricted use pesticides (RUPs), individuals must obtain a pesticide certification and pesticides dealer's license from the Guam Environmental Protection Agency. Application for a PDL is twenty-five ($25.00) dollars for each principal sales outlet and a fee of ten ($10.00) dollars for each branch sales outlet. All sales outlets offering RUPs must have a Certified Pesticides Sales Manager. Individuals seeking to be certified pesticides sales managers must apply for examination at the Guam EPA or attend a Pesticide Certification Workshop at the University of Guam, College of Agriculture and Life Sciences (CALS). Successful completion of the examination will result in certification. Licensed pesticide dealers have joint responsibility with his or her certified pesticides sales manager in the solicitation, sales, handling and reporting of RUPs with the Guam EPA

C. Pesticides Certification and Training programs are designed to ensure that users are competent to handle RUPs without causing danger to themselves, the public and the environment. The aforementioned programs also allow the continued use of certain chemicals that might otherwise be withdrawn from the market due to potential danger to humans or the environment. The University of Guam, CALS in cooperation with GEPA offers training workshops and certification testing.

There are a number of different types of certification. The first type is a private applicator (farmer, rancher, etc.) who applies or supervises the application of RUPs for the production of agricultural commodities on property s/he or his/her employer owns or rents, or as an exchange of services with other private parties. The second type of certification is the commercial applicator who applies or supervises application of RUPs for any purpose or on any property other than as provided by the "private applicator" definition. The regulations establish seven categories of commercial use based on occupation:

1. Regulatory Pest Control
2. Public Health Pest Control
3. Forest Pest Control
4. Ornamental/Turf pest Control
5. Industrial, Institutional and Health Related Pest Control
6. Right-Of-Way Pest Control
7. Agricultural Pest Control

D. Special Permits

Experimental Use Permit - Any person may apply to the Agency for an experimental use permit in order to accumulate information necessary to register a pesticide. An application for an experimental use permit may be filed at the time of, before or after an application for registration is filed.

Application of RUPs by aircraft requires a Special Permit issued by the Agency. All special permits must conform to all conditions and limitations required under the Guam Pesticides Regulation. Federal environmental permits (i.e., Experimental Use Permits, Special Local Needs Registration and Emergency Exemption Permits) are enforced in coordination with U.S. EPA.

1. Solid Waste Disposal Facility
2. Solid Waste Processing
3. Hardfill Disposal Facility
4. Solid Waste Storage Permit
5. Solid Waste Collection Permit
6. Solid Waste Transfer Permit
7. Hazardous Waste Exclusions

A. All solid waste to include municipal, commercial, industrial, land clearing debris, and demolition debris must be disposed of at a GEPA permitted Solid Waste Disposal Facility. Permit applications must specify the facility location, mode of operation, a detailed description illustrating compliance with applicable laws and regulations and proposed closure requirements.

At present, there are four (4) permitted government of Guam facilities located at Ordot, Dededo, Agat and Malojloj. The Ordot facility is the island's only public municipal solid waste dump, while the Dededo, Agat and Malojloj facilities are transfer stations supporting intermediate collection system efforts. Also at Malojloj is a Hardfill facility located in an old quarry pit which accepts only bulky metallic such as appliances, wood and demolition debris. In addition to public facilities, the Navy and Air Force operate smaller exclusive base landfills.

One of the most important set of considerations when building a new disposal facility is site selection. Site selection and utilization must be consistent with public health and welfare standards, air, land and water quality standards and must be compatible with current and long term land-use growth patterns and planning goals. Most large municipal landfills will operate and continue to be regulated well in excess of 30 years.

B. The collection and dismantling of automobiles and similar bulk solid waste for the eventual recovery of semi-precious metals is known as a solid waste processing facility. These metals and other goods are salvaged to be sold at recycling facilities off-island. A key element in this effort will be to locate all such activities only in industrial zones or intensity districts. In most cases, this will involve the Guam Land Use Commission (GLUC) for a zone change request. Solid waste processing facilities require a Solid Waste Processing Permit.

C. Hardfill Disposal Facilities may be permitted at various locations throughout the island under certain conditions. Hardfill sites should not be located in residential areas, flood hazard areas, wetlands, or sites where building construction is proposed. There have been recent hard fills permitted in abandoned quarries. Most hardfill facilities are permitted to accept demolition debris, and similar construction waste products.

D. A Solid Waste Storage Permit is required for both individuals and businesses that temporarily store solid waste. The Solid Waste Storage Permit allows for temporary storage of vehicles, vehicle parts, appliances, and metals. Specifications on amount of material and length of storage period are determined by the Administrator on a case-by-case basis.

E. A Solid Waste Collection Permit is required by any business which transports solid waste over the roadways of Guam. Individuals who transport their personal waste to a Guam EPA licensed disposal facility do not require this permit.

F. A Solid Waste Transfer Permit is required for any business that accepts solid waste collected from any source and is temporarily deposited and stored awaiting transportation to another permitted solid waste management facility (e.g., landfill, material recovery facility, recycling center). The Transfer Permit allows for the temporary storage of residential waste and yard waste. Specifications on amount of material and length of storage period are determined by the Administrator on a case-by-case basis.

G. Hazardous Waste is not permitted to be disposed of at solid waste disposal facilities from generators with a total hazardous waste production of 50 kilograms (1000 lbs.) per month or from generators with a total production of 1 kilogram (2.2 lbs.) of acutely hazardous wastes per calendar month. All hazardous waste at these quantities are subject to separate hazardous waste disposal regulations.

1. Section 401 Water Quality Certification
2. National Pollution Discharge Elimination System (NPDES)
3. Pollution Discharge and Operating Permit
4. Sewer and Water Construction
5. Sewer Connection/Individual Wastewater Disposal
6. Underground Injection Control (UIC)
7. Test Boring and Dewatering Permits
8. Well Drilling and Operating Permits
9. Erosion Control Permit
10. Feedlot Construction and Operating Permit

    Other Requirements and Programs:

11. Aquifer Protection
12. Water and Wastewater Operator's Examination
13. Water Quality Monitoring
14. Spill Prevention Control and Counter Measure (SPCC)

A. A number of federal permits, most of which are identified in the Federal Clean Water Act, for construction, fill, dredging, and discharges to Waters of the United States and Guam Waters require Guam (GEPA) Section 401 Water Quality Certification. 401 WQC issuance identifies that construction or operation of a proposed project or facility will be conducted in a manner consistent with the Guam Water Quality Standards. All federal permits for work in marine waters, rivers, streams and wetlands require 401 WQC. Submission of a completed 401 WQC Form is required.

B. The National Pollution Discharge Elimination System (NPDES) is a federal permit for all storm water and point source pollution discharges. GEPA reviews and certifies (401 WQC) the permit for compliance with all local regulations and policies and in accordance with the Guam Water Quality Standards. USEPA coordinates, drafts and issues the permit for facilities that require wastewater discharges such as sewage treatment plants, electrical power generation plants, industrial processing facilities, storm water outfalls, aquiculture facilities, aquariums, and similar operations must be permitted under this permit system. Guidance for this permit may obtained at GEPA or from USEPA, Region 9. Individuals anticipating the need to discharge wastewater to waters of the U.S. are encouraged to consult with either agency as early in the project planning schedule as possible. NPDES Permit issuance may take anywhere from one to two years.

C. For discharges similar to those covered by the NPDES permit, GEPA may require a Government of Guam Pollution Discharge and Operating Permit. This permit may be issued for any number of liquid, gaseous, solid or thermal discharges to Guam's waters that fall below the minimum criteria defined in the Federal Clean Water Act. Applicability is determined by the Administrator on a case by case basis.

D. A Sewer Construction Permit is required for all sewer related projects to include systems lateral extensions, lift stations, force mains, wastewater holding facilities, treatment works, and new sewer systems. Unless a private party is involved in constructing (financing) either an exclusive use system or is constructing a system for eventual transfer to the Public Utility Agency of Guam (PUAG), this permit is usually issued to PUAG or the military (Air Force or Navy) as the main purveyor of all sewer systems in Guam. Permit issuance involves the prior review and approval of engineering and design plans by GEPA for compliance with all environmental requirements.

E. As part of the building construction process, GEPA issues either a public Sewer Connection Permit through PUAG or a separate permit for Individual Wastewater Disposal System (IWDS) and on site septic tank/leaching field systems. IWDS must be designed in strict accordance with the Individual Wastewater Disposal System Regulations (available through the Water Pollution Control Program) which specify requirements for systems sizing, location, materials, testing, inspection, maintenance, and health considerations. Because this type of disposal system may contribute unacceptable levels of pollutants to surface or ground water, the Agency has developed policy standards in addition to the regulations which specify minimum lot sizes in order to control land use densities as appropriate.

F. Public utility agencies or private parties may be issued Underground Injection Control Permits when all other methods of storm water or treated wastewater disposal have been investigated and exhausted. This permit involves the disposal of wastewater at a considerable distance below the ground surface either by gravity or mechanically applied pressure. In areas where land surface disposal opportunities are extemely limited or where wastewater volumes are high the Agency may consider underground injection as a viable alternative; however, this disposal method requires a higher burden of justification and typically is issued with very strict pretreatment and/or monitoring requirements for the life of the injection well. Permits may be issued in approximately 60 days or longer depending on the complexity of the injection proposal.

G. Individuals conducting soil test boring and measurement activities may be required to obtain a GEPA Test Boring Permit. Test boring activities include drilling and excavations deeper than six (6) feet deep for a number of soil and structural engineering analysis work. In addition, if the water table is encountered during excavation work for building foundations and similar construction activities, a Dewatering Permit may be required to control and treat water pumped from an excavation prior to final discharge. Both the test boring and dewatering permit approvals may be a sub-component of a site clearing and grading or building permit request. For exploratory purposes, the approval of these permits will be accomplished separately.

H. Water well development is divided into two permitted parts or phases, well drilling and well operating. Both phases require permits from GEPA in the form of a Well Drilling Permit for exploratory and development work and a Well Operating Permit for actual production and use of water resources. Most well drilling permits are issued to utility contractors whereby exploratory procedures, record keeping and pumping tests must be submitted to the Agency. Initial evaluations are conducted for the proposed drilling location based on historical records from previous drilling activities and on water resource and aquifer management studies. The Well Operating Permit is necessary to establish operating conditions such as allowable pumping rates, infrastructure requirements, long term monitoring and inspections.

I. Erosion Control Permits are issued by the Agency while the Department of Public Works issues the Clearing and Grading Permit. Since Clearing and Grading Permits require GEPA review for compliance to the Guam Soil and Sedimentation Control Regulations, the Agency actually assumes the lead review and approval responsibility. For most clearing and/or grading permits there must be an accompanying Erosion Control Plan (ECP) to protect water quality of the closest body of water, fresh or marine.

J. Livestock operators and farmers who raise and produce swine, poultry, and other animals in commercial quantities may be required to obtain a Feedlot Construction and Operating Permit to ensure the facility is in compliance with feedlot operations regulations for the control, treatment and proper disposal of animal wastes. Large quantities of animal waste, if not contained and treated properly may pose unacceptable risks to both surface and groundwater supplies. Commercial feedlot operations are required to submit site plans of the facility for which a permit is sought as well as detailed plans of the waste management system and operational procedures. The feedlot regulations are part of the Water Pollution Control and Water Resources Management Programs.

Minimum numbers of animals and the number of animals per unit of land (density) of a particular commercial operation will generally dictate whether or not a given operation is subject to the regulations.

Other Requirements and Programs

K. All federal projects proposed over the Northern Aquifer, which is also designated as a Principal Source Aquifer are subject to an Aquifer Protection Review. This review process is provides a heightened level of scrutiny for potential direct or indirect impacts to groundwater. Developers may be required to submit detailed site plans, plumbing plans, engineering studies and calculations to support actions in addition to the standard permit requirements. The Agency's internal review may include the Guam Hydrogeologist and Planning & Review Division among others.

Both drilling and operating permits may be issued for private well development for potable consumption, agriculture, commercial, industrial and to a limited extent, landscaping irrigation uses. The drilling permit fee is fixed at $250.00 per exploratory well. In addition to the initial or renewal fee of $250.00, an annual well operating fee ranges from $200.00 to $800.00 is assessed based upon the maximum pumping rate authorized, as stipulated in the operating permit. Both permits are issued in approximately one (1) week.

L. Water Operator's Examinations are required for individuals who work in water treatment and production for potable water systems. Satisfactory completion of the GEPA administered examination by water system operators is required for both public and privately owned community systems to insure that operators possess the minimum knowledge and qualification necessary to operate and maintain clean water systems free of disease and chemical pollution in accordance with the Safe Drinking Water Act and regulations. Examinations are administered by GEPA.

Successful completion of the Wastewater Operators Examination is required for individuals who work in wastewater treatment facilities. These include public and private sewage treatment plants. Operator must have the basic knowledge and qualification to properly operate plant equipment and in particular, the ability to identify problems in the treatment process and to implement appropriate remedies as well as conduct normal maintenance procedures. This certification is critically important in order to ensure that discharges meet federal and local permit requirements. Examinations are conducted by GEPA.

M. Water Quality Monitoring Plans (WQMPs) may be required to evaluate the effectiveness of any number of different environmental permits and/or performance standards. Monitoring plans are formulated to identify ambient or control conditions at a particular site and to capture deviations from those conditions resulting from a project or operations of a facility. WQMPs may range in complexity from visual inspections for sedimentation and protection measure failure to laboratory or field analysis of chemical and biological effects on water quality or organisms (acute/chronic bioassay), dependent on a given water resource. WQMPs always include procedures for reporting results and observations to GEPA and provisions for corrective actions.

Water quality monitoring is a standards requirement for all industrial point source discharges, municipal wastewater treatment plant discharges, thermal discharges, marine and underwater construction activities, aquiculture effluent discharges, and mass clearing and grading projects such as golf course construction, among others.