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EPA Exercises Enforcement Discretion for Power Generators Donated to Communities Impacted by Hurricanes Harvey and Irma

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WASHINGTON (September 18, 2017) - The U.S. Environmental Protection Agency (EPA) today announced that it will exercise enforcement discretion for 255 power generators that Yamaha Motor Corporation, U.S.A., is importing to be donated to assist recovery efforts in communities impacted by Hurricanes Harvey and Irma in Texas and Florida. The generators will be donated to community groups or other organizations providing hurricane relief services in impacted Texas and Florida communities.

These power generation units are covered by an EPA-issued certificate of conformity as required by the Clean Air Act for sale in the United States, but do not bear the required emission control information labels to be sold in this country. They instead bear emissions labels as required for sale in Canada. In light of the impacts from Hurricanes Harvey and Irma, and because the generators will not emit air pollution above EPA standards, EPA will not pursue enforcement actions for potential violations for the 255 generators.

This “no action assurance” is effective immediately, and Yamaha will report to EPA the names and locations of the organizations to which the generators were provided and the number of units provided to each.

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 Texas and Florida.