NYC 9/11 Public Portal Document
Jenkins, C. (March 11,2002) Status of air and dust asbestos testing after WTC collapse; 1.
Misrepresented “safe levels* and standards for asbestos; 2. Failure to test at low levels related to
safety; 3. Region 2 relied on more sensitive TEM tests for settled dusts in own building, required
by EPA policy, did not provide same sensitive testing for rest of NYC, and refused Region 8 offer
of free sensitive testing for rest of NYC. Cate Jenkins, Hazardous Waste Identification Division,
OSW, EPA, memorandum addressed to affected parties and responsible officials. Posted at
www.N YenviroLAW .org
36. Millette, J. R., and Hays, S. M. (1994) Chapter 6. Data: Levels of asbestos in dust, pages 49-
50. In: Settled Dust Sampling and Analysis, Lewis Publishers, CRC Press.
37. Barr, H. (June 4,2002) Feeling fallout of asbestos
Brookfield could spend $3M on cleanup, tests. THE NEWS-TIMES, www.newstime.com.
McKinney, M. P. (June 5,2002) Experts weigh in on asbestos risk
Should parents be worried? Depends who you ask. THE NEWS-TIMES, www.newstime.com.
38. Rhode, V. (May 19 and 22,2002) Personal communication. Results of dust and AHERA air
testing in music room at the Huckleberry Hill Elementary School in Brookfield, CT. Vernon
Rhode, Industrial Hygienist, S & B Environmental, 40 Valley Field Road S., Sandy Hook, CT
06482, (203) 426-3704, [email protected].
39. See series of news articles in News Times, Danbury, CT., posted at www.newstimes.com.
In the upper right-hand scroll box, choose “Brookfield” to get to the relevant series of news
articles.
40. EPA website on September 11 Response. See page posted at
http://www.epa.gov/epahome/wtc/activities.htm and every individual data page linked to the
map of bulk dust sampling at http://www.epa.gov/enviro/nyc/bulkdust/
41. Mugdan, Walter E., Esq., Regional Counsel for EPA Region 2 (January 25, 2002)
Environmental law issues raised by terrorist events in 2001. Speech before the NY Bar
Association. Posted at www.NYenviroLAW.org
42. Miele, J. A., Commissioner, Department of Environmental Protection, City of New York
(October 25,2001) letter to Residents of Lower Manhattan. Posted on the internet at
www.nyeljp.org.
43. Mugdan, Walter E., Esq., Regional Counsel for EPA Region 2 (January 25,2002), op. cit.
Counsel for Region 2 described the selective use of the definition of “asbestos containing
material”in a speech:
One of the first decisions that EPA had to make when sampling for asbestos in the dust
from the WTC collapse was what reference value to use when reporting the data - in
other words, at what concentration of asbestos in the bulk dust samples would the
Agency characterize the dust as containing asbestos in quantities of significance? EPA
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NYC-WTC_000140075
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