NYC-WTC_000195741

NYC 9/11 Public Portal Document

The EPA might say, as it has in the past, that it does not have the proper legal authority to test and remediate all areas affected by the collapse of the World Trade Center because the Clean Air Act does not govern indoor air. This is, again, utterly misleading. Section 303 of the Clean Air Act gives the EPA authority to protect human health when there is an “imminent and substantial endangerment” presented by a source of pollution.’’ The intent of Congress is clear in this regard. A 1970 Senate Report on Section 303 states, “The levels of concentration of air pollution agents or combination of agents which substantially endanger health are levels which should never be reached in any community. When the prediction can reasonably be made that such elevated levels could be reached even for a short period of time - that is that they are imminent - an emergency action plan should be implemented.”’^ In short, the EPA should not wait for people to get sick before it acts, and it clearly has the authority to act under this law. An EPA memo entitled “Guidance on the Use of Section 303 of the Clean Air Act” was issued to the Regional offices on September 15,1983, outlining these very points.’^

Although the Clean Air Act is primarily intended to address source pollution. Section 303 illustrates that EPA has authority under several statutes to respond to the release of hazardous materials that pose a threat to human health. Also, the Clean Air Act is not the only governing statute. The EPA has the authority to act on indoor air under the National Contingency Plan, and this authority is not drawn into question by the Clean Air Act.

^.s administratrtr nf thfLJsICP the EPA has the responsibility through QSCs to direct response efFnrtg and cnnrdinateyil OThttf dlfbl'lS nt [He scene of a r^ea.ser^ These response efforts include indoor air and environments. The NCP mandates that the OSC, among other things, collect pertinent facts about the release, the nature, amount and location of released materials, the pathways to human exposure, and the potential impact on human health and the environment.’^ There is no delineation between indoor and outdoor air, particularly where there is a threat to public health. Ip fact, under the NCP. the EPA is mithnriT’ed tn “enter any vessel, fnr.ility establishment or Other place. property, or location...and conduct, complete, operate, and maintain any response actions authorized by CERCLA or these regulations.”’^ Tn other words, a response under the NCP is not limited to outdoor air, and the EPA has specific authority to remediate indoor environments.

Lastly, and most importantly, the counter terrorism policies of the United States dictate that the NCP applies specifically to acts of terrorism. Just weeks before September 11“*, 2001 0MB sent its Annual Report to Congress on Combating Terrorism, which outlines each federal agency’s primary role and activities in responding to such an event.

’* 42 U.S.C 7603 ” S. Rep. No. 91-1196, 91'* Cong., 2”** Sess. 36 (1970). Cited in EPA Memorandum: Guidance on the Use of Section 303 of the Clean Air Act, Edward E. Reich and Michael S. Alushin, September 15, 1983. ” EPA Memorandum: Guidance on the Use of Section 303 of the Clean Air Act, Edward E. Reich and Michael S. Alushin, September 15, 1983. 40 CFR 300.135(a) ” 40 CFR 300.135(c) ®40 CFR 300.400(d)

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