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NEPA compliance summary for WTC mitigation and permits, May 2002

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Section of a document summarizing legal compliance requirements including NEPA and Clean Air Act for WTC mitigation projects.

NYC-WTC_000141574–000141579

Folder label: “FEMA Equipment Requests Emergency Expenses

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NYC 9/11 Public Portal Document

4.0 SUMMARY OF MITIGATION AND PERMITS

A summary of the various laws and coordination requirements that may affect or influence the proposed alternatives are summarized in this section.

4.1 COMPLIANCE WITH VARIOUS LAND USE POLICIES AND CONTROLS

4.1.1 National Environmental Policy Act (42 USC 4321, et seq.)

The National Environmental Policy Act of 1969, as amended, contains policy and guidance to ensure that potential impacts from proposed federal’actions are assessed using a systematic and interdisciplinary approach. This EA has been prepared in accordance with Section 102(2)(c) of SlEPA, CEQ regulations on implementing NEPA procedures (40 CFR 1500-1508), and FEMA regulations on implementing NEPA procedures (44 CFR Part 10).

4.1.2 Clean Air Act (42 USC 7401 et seq.)

The rules governing the determination of conformance of an action with the Clean Air Act, as amended, are set forth in 40 CFR Parts 6,51, and 93. The Clean Air Act, as amended, provides for protection and enhancement of the nation’s air resources. Particulate matter resulting from construction activities and fumes from vehicles and heavy machinery would have a short-term air quality impact on the immediate vicinity, but no permanent or long-term air quality impact on the immediate vicinity. The applicant would be responsible for obtaining and compliance with all applicable air quality control regulations. The 1990 Clean Air Act, as amended, established general conformity requirements that apply to federal actions in areas designated nonattainment for any of the criteria pollutants imder the Clean Air Act.

4.1 J Clean Water Act (33 USC 1251, et seq.) and Executive Order 11990 - Protection of Wetlands

The Clean Water Act, as amended, regulates discharges to the waters of the United States. Compliance with applicable provisions of the Clean Water Act will be accomplished by coordination with the appropriate resource agencies, submittal of permit applications, if required, and response to agency review. Section 404 of the Act regulates the discharge of dredged or fill materials into navigable waters. Any point sources of pollution associated with the proposed action will comply with NPDES permit requirements. This Act would also include stormwater discharges associated with industrial activity, and those discharges originating from large and medium municipal separate storm sewer systems. Releases of stormwater runoff to area streams would adhere to state and local water quality requirements and permit conditions.

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NYC-WTC_000141574

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NYC-WTC_000141574Source: NYC Law Department, mirrored locally

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