EPA memo re: asbestos assessment and Superfund advantages, Jan 2002

NYC 9/11 Public Portal Document

will take to put Manhattan back together.

Another option would be to declare a public health emergency under the CERCLA authority. Even though Libby is now scheduled for fast track Superfund listing, EPA is now apparently intending to invoke this other authority to address the situation at Libby. EPA has never before invoked this authority under CERCLA. If EPA does invoke it for Libby, it should be no problem to use it for Lower Manhattan.

Stigmatization of a Superfund balanced by public confidence and a point of closure

There would be considerable stigmatization in a Superfund listing for Lower Manhattan, potentially increasing the rate of economic decline. However, the widespread knowledge of health concerns even without a Superfund listing may have already had that effect. Declaration of a public health emergency or a Superfund listing, followed by an efficienct and organized cleanup, with all watchdog scientists agreeing on protocols, may actually help the public’s perception and restore confidence. Right now there is nothing but chaos.

Cleanup using AHERA is not working

As seen from the preceding section, the cleanup is not proceeding effectively. This is because EPA is trying to use the AHERA statute as the authority. The AHERA statute is voluntary for all but schools. The AHERA statute places the financial burden on the public.

The AHERA statute also specifies certain antiquated test methods for asbestos, which offer some protection, but only if used in conjunction with all of the other rigorous asbestos abatement procedures which can only be performed by certified contractors. EPA is trying to adapt Ihese insensitive test methods, the AHERA TEM clearance test for air, and the PLM test for % asbestos, to situations which they were not intended by the regulations.

Cleanup under CERCLA authority would allow the use of better testing methods

Under the CERCLA statute, there is no prohibition against using the best testing methods available. See the tables at the end of this memo. The test methods which were used are described along with the data. For the Libby Superfund site, Dr. Eric Chatfield designed the testing protocols and chose the methods he believed were the best. These methods were not limited to methods that the EPA had developed and validated, but included methods developed

- 12-

NYC-WTC_000140246