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

NYC 9/11 Public Portal Document

This is what happened next: EPA’s offices are at 290 Broadway, which is 2 blocks north of Warren St., outside the “zone of contamination.” Even though EPA said there was no asbestos over 1% up this far north at its offices, and that it was safe, EPA had its own offices cleaned by certified asbestos abatement contractors. At taxpayer expense.

Aside from considerations of criminal negligence and intentional failure to warn citizens in both the “zone of contamination” and outside this zone that they also should be using certified professional asbestos abatement contractors — aside from these considerations, EPA Region 2 at a minimum has demonstrated its recognition that dusts containing less than 1% asbestos are hazardous.

There are no AHERA or other test methods for percent levels of asbestos in thin layers ofsettled dusts

Unless the windows were blown out by the blast, WTC fallout inside buildings in Manhattan was usually in thin layers, too thin to scoop up into ajar or bag. Only dusts that can be put into a bag or jar can be tested for the percentage of asbestos by the PLM % asbestos method.

If there is only a thin, visible surface dusting, or even an invisible layer of dust, you are required to use what are called “wipe” samples or “microvacuum” samples. Wipe samples can only be tested for the number of asbestos fibers per area, not a percentage of asbestos in the total dust. These are not AHERA methods or even EPA-validated methods, but they are used for Superfund investigations. Thus, it was impossible for a landlord to test premises in most cases for whether or not the asbestos was present at 1% or higher, because there was not enough dust to use the PLM method..

It is inexcusable to try to brush together enough surface dust to make up a “bulk” sample that can be placed in a jar for PLM % asbestos testing. This violates the method, and results in a highly diluted sample due to the mixture with other dusts that are present, as well as subjecting the very fine asbestos to escape to the air during the brushing process.

Under the AHERA standard, which EPA claims it is using, the 1% level only applies to the material from which the asbestos dust originated. All of the sample collection methods for PLM % asbestos analysis in the AHERA regulations at 40 CFR Part 763 address collection of asbestos containing materials themselves. There are very strict separate procedures for collecting samples of each particular type of asbestos containing material, such as floor or ceiling tiles, or insulation.

-8-

NYC-WTC_000140242