Internal routing form for WTC environmental documents, date unknown

NYC 9/11 Public Portal Document

Attachment A Response to Comments

Relationship ofthe Indoor Air Residential assistance Program-World Trade Center Dust Cleanup to the National Contingency Plan

EPA continues to work supporting federal, state and New York City (NYC) efforts to recover from the federally declared disaster resulting from the September 11 attacks on the World Trade Center (WTC). We do this under the authority of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act) and in accordance with the applicable procedures and policies of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP). The NCP applies and is in effect when the Federal Response Plan - the document providing the structure for a coordinated response under the Stafford Act - and some or all of its Emergency Support functions (ESFs) are activated. ESF-10, the Hazardous Material Annex of the Federal Response Plan, is applicable to this disaster response. ESF-10 anticipates the potential for unique situations, in that it contemplates response “to actual or threatened releases of hazardous materials not typically responded to under the NCP but that, as a result of the disaster or emergency, pose a threat to public health or welfare to the environment.” In such situations, “applicable policies and procedures in the NCP will be adhered to....”

Our current focus is to address indoor air concerns through an indoor dust cleanup and air sampling program for residential spaces in lower Manhattan. This program responds to a disaster involving a release that is most certainly not typical, not only because of the terrorist act that led to the release, but also because of the unique challenges posed by the presence and potential presence of WTC dust in thousands of lower Manhattan apartments. EPA is implementing a comprehensive program to ensure that lower Manhattan residents are protected from potential exposures to harmful dust and debris residuals. EPA is running this program in cooperation with the Federal Emergency Management Agency (FEMA), New York State, New York City, and other federal agencies. Consistent with the atypical aspects of the release and the response work that we face in lower Manhattan, to the extent practicable we will use all the tools available, including appropriate aspects of the NCP, to achieve this goal as expeditiously as possible.

The NCP, pursuant to CERCLA, authorizes EPA to undertake or direct cleanups in response to releases or threatened releases of hazardous substances into the environment. [See Attachment, Note 1.] As background, you should be aware that sections of the NCP, for example, those dealing with long-term response, are simply not applicable here - for instance, 40 C.F.R. Sections 300.430 and 300.435, addressing remedial investigations and feasibility studies, selection of remedy, remedial design and remedial action, operation and maintenance, and attainment of 10"* to IO"® cancer risk levels. [See Attachment B, Note 2.]

Consistent with the atypical aspects of the release and the response work that we face in lower Manhattan, to the extent practicable and appropriate we are proceeding with this program in a manner consistent with the NCP. Let me give several examples.

NYC-WTC_000151597