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EPA Exercises Enforcement Discretion for Mobile Power Generators Imported for Use in Puerto Rico

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WASHINGTON (September 23, 2017) — U.S. Environmental Protection Agency (EPA) today announced that it will exercise enforcement discretion for mobile power generators being imported into the United States that will be used as emergency sources of power in Puerto Rico as a result of Hurricane Maria.

Under this “no action assurance,” EPA will not pursue enforcement actions for certain violations of the Clean Air Act for mobile power generators being imported for use in Puerto Rico that have not been certified to meet U.S. pollution control standards.

EPA’s no action assurance was issued at the request of the Governor of Puerto Rico as preliminary information indicates extreme damage to Puerto Rico’s power grid, including near-total destruction to power transmission. This no action assurance covers mobile power generators that are imported for use in Puerto Rico until January 31, 2018.

EPA policy allows the Agency to issue no action assurances in cases where it is necessary to avoid extreme risks to public health and safety and where no other mechanism can adequately address the matter. EPA believes that the exercise of enforcement discretion in these circumstances is in the public interest and will help address the emergency circumstances in Puerto Rico.