World Trade Center asbestos situation memorandum, December 2001

NYC 9/11 Public Portal Document

refers homeowners to the national guidance. This national guidance for private homeowners of single-family dwelling states:

“Levels in Homes: Elevated levels can occur in homes where asbestos-containing materials are damaged or disturbed.. . Use trained and qualified contractors for control measures that may disturb asbestos and for cleanup. . When you need to remove orclean up asbestos, use a professionally trained contractor.” (Region 2 page at www.epa.gov/region02/a ir/asbestos.htm, links to this national guidance at links to www.epa .gov/iaq/asbestos .html)

11/20/01 - EPA Region 2 Counsel claims CAA standards not applicable to disasters

Walter Mugdan, Regional Counsel for EPA Region 2 is quoted as claiming the following:

"She [Jenkins] assumes that they [the CAA NESHAP regulations] apply to the cleaning up of dust in residential or office buildings in lower Manhattan... When they were written, they were never intended to apply to something like a terrorist act These regulations apply to owners and operators of a faciltty who are carrying out a demolition or renovation. They were never contemplated to apply to someone cleaning an apartment. . . were never intended to apply to something like a terrorist act.” (Feds, City Ignore Asbestos Cleanup Rules, Says EPA Vet, 11/20/01 NY Daily News, www.nydailynews.com, also posted at WWW .nyc osh .org/ linkto pics /WT C-c atas troph e.htm I)

This is false. In 1989, after the asbestos hazards created by the explosion of a steam pipe in Gramercy Park, NY, Hurricane Hugo, and the San Francisco earthquake, EPA issued its Guidelines for Catastrophic Emergency Situations Involving Asbestos. This document explicitly states that it was in response to these three specific disasters. The following quotation is relevant:

“The applicability of the asbestos NESHAP is not altered as the result of a disaster. With a few exceptions for emergency renovalions and government-ordered demolitions, allot the NESHAP requirements are applicable in emergency situations.. . Communications are needed between the asbestos NESHAP coordination and the other emergency response agencies and related agencies. The first step is for the Regional asbestos Neshap coordinator to discuss this matter with Regional FEM A personel. . .” (Available on the internet at www.epa.gov/ncepihom/nepishom)

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