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Guam EPA urged legislature to assign sunscreen enforcement to public health, flagged septic density risk in proposed ADU bill
Summary
In testimony, Guam EPA staff recommended that enforcement of a proposed sunscreen import restriction be handled by the public health division rather than Guam EPA and warned that a draft accessory dwelling unit bill could double allowable units per acre and increase septic density over the aquifer.
Michelle, Guam EPA administrator, told the board the agency had provided testimony on two bills that intersect with environmental and public health rules. On Bill 35, a proposal to prohibit import of skin‑care products harmful to coral reefs, Michelle said Guam EPA supports reef protection but flagged enforcement and regulatory overlap.
“Sunblock is actually a drug under the Guam Food and Drug Cosmetic Act and regulated by the Food and Drug Administration,” Michelle said. Because of that classification, she said the agency recommended enforcement be handled by the Department of Public Health rather than Guam EPA.
Michelle also said the agency will provide testimony on Bill 57‑38, a draft change to Title 21 that would authorize accessory dwelling units (ADUs) in residential zones. Under Guam’s recent septic regulations, a property using a Type 4 nitrogen‑reducing system may have up to four units per acre. Michelle warned the bill’s language could allow detached ADUs and effectively increase allowable units from four to eight per acre in some scenarios.
“We're looking at possibly increasing the 4 to 8,” she said, and added that the agency will emphasize the need to prevent increased septic density over the groundwater zone. Michelle told the board the bill’s language requires applicants to meet environmental requirements and that, in practice, undersized septic systems would need to be upgraded as part of permit review.
Board members discussed the timing and method for submitting testimony. A board member reminded colleagues that the board cannot deliberate outside a noticed meeting and that individual members may submit written testimony on their own. Michelle said the agency will circulate the bill text to board members and that written testimony may be submitted by the agency or by individual directors; the board did not vote to adopt a collective position at the meeting.
Members asked that the agency place the bill and the topic of enforcement on a future agenda so the board can consider formal input at a publicly noticed meeting.
