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EPA resolves violations with four Guam companies for hazardous materials reporting failures

Release Date: 01/28/2013
Contact Information: Dean Higuchi, 808-541-2711, higuchi.dean@epa.gov

(01/28/13) HONOLULU – The U.S. Environmental Protection Agency resolved violations with four Guam companies for their failure to report to emergency planners the amount of diesel fuel and other hazardous chemicals stored at their facilities, a violation of the federal Emergency Planning and Community Right to Know Act (EPCRA).

Each of the four companies paid $2,000 each and corrected their violations by submitting reports to Guam EPA listing the quantities of hazardous chemicals stored pursuant to the Act’s Section 312 Tier II reporting requirements. The companies are:

* Goodwind Development Corp. (Dededo, Guam)
* Guam Waterworks Authority (for the Ugum Surface Water Treatment Plant)
* Pepsi Cola Bottling Co. of Guam (Tamuning, Guam)
* The Westin Resort of Guam (Tumon, Guam)

EPCRA allows EPA to impose significantly higher penalties for failure to make required submissions of Tier II reports, and future violators in Guam could face higher penalties than the four being announced today.

“Companies must be diligent in providing this important chemical storage information,” said Jared Blumenfeld, EPA’s Regional Administrator for the Pacific Southwest. “It allows local emergency planners and fire departments to be aware of the hazardous materials used or stored in their communities.”

Under EPCRA regulations facilities that maintain Material Safety Data Sheets for chemicals used or stored in the workplace must submit a Tier II report for any hazardous chemical in excess of 10,000. For certain “Extremely Hazardous Substances” the reporting trigger is 500 pounds, or that substance’s “Threshold Planning Quantity,” whichever is less. For example, diesel fuel and propane must be reported if on-site at 10,000 pounds (equivalent to approximately 1400 gal. and 2350 gal., respectively) or more, whereas the quantities for chlorine and anhydrous ammonia, both Hazardous Substances, are 100 and 500 pounds, respectively.

On Guam, Tier II reports are required to be submitted to Guam EPA. Facilities must submit their annual Tier II chemical inventories by March 1 of the following year.  Thus Tier II reports for calendar year 2012 are due to be submitted to Guam EPA by March 1, 2013. Guam EPA requests that Tier II reports be submitted electronically using EPA’s Tier2 Submit software.

For more on EPCRA’s Tier II reporting requirements please visit:
www.epa.gov/oem/content/epcra/epcra_storage.htm

For more information on EPA’s Tier2 Submit software please visit:
www.epa.gov/oem/content/epcra/tier2.htm

For information on submitting Tier II reports to Guam EPA please contact:
Walter Leon Guerrero, 671-475-1644, or walter.leonguerrero@epa.guam.gov
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