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

NYC 9/11 Public Portal Document

EPA is using the 1% definition in evaluating exterior dust samples in the Lower Manhattan area near the World Trade Center. All affected landlords have been instructed to test dust samples within their buildings utilizing this standard. Landlords were notified that they should not reopen any building until a competent profisssional had properly inspected their premise. If more than 1 % asbestos was found and testing and cleaning was necessary, it had to be performed by certified personnel.

This has presented problems, because there was no way for a landlord to test at the 1% level if the dust was present in a fine layer, and because dusts containing less than 1% are known to be hazardous by EPA.

EPA determination that dusts and soils containing less than 1% asbestos are hazardous

The U.S. EPA has clearly stated that levels of asbestos lower than 1% could present hazards:’’

Levels of 1 % or less could present a risk where there is enough activity to stir up soil and cause asbestos fibers to become airborne.

In one independent study, it was found that soils containing only 0.001% asbestos were still capable of producing measurable airborne asbestos concentrations greater than 0.01 fibers per milliliter (equivalent to structures per milliliter).” This air concentration is over the action level for declaring a public health emergency, as discussed above for the sensitivity for the AHERA TEM clearance test.

EPA Region 2, by its own actions, has demonstrated its beliefthat asbestos in dust at levels lower than 1% are hazardous

There is another very important reason to believe that dust containing less than 1% asbestos is unsafe: EPA Region 2 believes it is, and was willing to use taxpayer dollars to remove it from their own building in NYC. This is what happened:

First, the EPA found no asbestos in any ofWTC fallout samples outdoors that was over 1% north of Warren St.” As a result, EPA told the press and everyone that the only contaminated areas were below Warren St. and West of Broadway, the “zone of contamination.” Next, EPA referred everyone to the NYC Department of Health (NYC DOH) cleanup recommendations’” inside this same “zone of contamination” south of Warren. These are the controversial recommendations which do not even recommend HEPA respirators, which just say “avoid breathing the dusf ’ while you mop up the asbestos.

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