For emergency protective measures to be eligible, the applicant is responsible for showing the work is required due to an immediate threat resulting from the declared incident, and, for COVID-19 declarations, done in accordance with applicable FEMA policy, and CDC guidance or that of an appropriate Public Health official available at the time the work was completed. The Applicant did not demonstrate that its existing COVID-19 mitigation measures are inadequate to meet the current threat of the virus. FEMA finds that the UVGI work, having not yet started nearly three years into the pandemic, is not eligible emergency work required to address an immediate threat resulting from the declared incident.

FEMA finds that the Applicant did not demonstrate that the UVGI units are an eligible emergency protective measure in response to COVID-19.

Stafford Act § 403. 2 C.F.R. § 200.403. 44 C.F.R. §§ 206.223(a)(1), 206.225(a). PAPPG, at 19, 21-22, 43, 57. O&O Policy, at 4-5; Air Disinfection Memorandum, at 1-2. PR Aqueduct and Sewer Authority, FEMA-4339-DR-PR, at 3-4.