WASHINGTON – In response to Hurricane Maria, the U.S. Environmental Protection Agency (EPA) has issued an ultra-low sulfur diesel (ULSD) waiver for Puerto Rico.

To minimize or prevent disruptions with the supply of ULSD fuel for mobile nonroad generators and pumps used for emergency purposes, the EPA has issued a waiver of the diesel sulfur standards. Under this waiver, EPA will allow parties in Puerto Rico to sell, distribute and use heating oil and ECA marine fuel that exceeds the 15-ppm standard set forth at 40 C.F.R. § 80.51 O(c)(l) under the following limited conditions:

1. The non-ULSD fuel is used in a model year 2010 or older mobile nonroad diesel generator or pump, or any model year mobile nonroad diesel generator or pump above 750 horsepower, that is being used for emergency purposes.
2. ULSD fuel is not reasonably available for use in the mobile nonroad diesel generator or pump.
3. The non-ULSD fuel is not used in any model year mobile nonroad diesel generator or pump that has been retrofitted with diesel particulate filter technology. 
4. The non-ULSD fuel used under this waiver remains segregated from ULSD fuel until the ULSD fuel is used in the mobile nonroad generator or pump.

This waiver will continue through October 15, 2017. Any non-ULSD fuel authorized under this waiver and remaining in a mobile nonroad generator or pump after October 15, 2017, may continue to be used until the fuel has been consumed.