Comments on NYC WTC asbestos cleanup Scope of Work draft,

NYC 9/11 Public Portal Document

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invoices etc.). - Alternatively, the EPA employees could assume other roles such as that of a general oversight fonction where their specific authorities would be spelled out (to ensure that a certain number of crews are working, that occupants are present at all work sites visited, etc.). The EPA employees could not interact with the NYC contractors (either the clean up contractors or monitoring/sampling contractors) but would have to pass any comments along to an individual (similar to an EPA Project Officer) in NYC, who could then interact with the contractors. The EPA representatives could advise the residents about the contractual relationships and the appropriate contacts for discussing issues.

2) The NYC SOW does not provide any specific information about how the oversight process will work, most particularly, how the Project Monitors will ensure that clean up activities comply with the Clean Up Scopes of Work.

- Will a monitor be available at each clean up site to ensure that the work is being done properly? What authority do the monitors have to ensure compliance (can they stop work for health and safety violations - Can they make the clean up contractor clean more thoroughly or use proper equipment or any other needed corrective actions)?

- Can the monitor deal directly with the clean up contractors or do they have to work through the NYC contract people?

3) The Project Manager is designated as the person who explains the need for aggressive air sampling. The occupant must sign an agreement that authorizes aggressive sampling.

- Assuming that EPA believes that aggressive sampling should be conducted to determine if any asbestos has been removed (all information available to date indicates that aggressive sampling is required), we have concerns about what information the manager will present. Will they tell the resident that it is not needed or otherwise downplay the need? Will the signed agreement release the contractors from any damage caused by the use of air blowers, thereby discouraging aggressive sampling?

- EPA employees, regardless of the type of oversight role, would be expected to folly explain the need for aggressive sampling. If the NYC contractor and the EPA oversight employees provide contrary infonnation to the residents, we could expect that conflicts might develop between NYC and EPA

4) The NYC SOW requires that the occupant of the apartment be present during the clean up activities. Although the SOW does not require that PPE be worn by the contractors, it does not prohibit wearing respirators or other equipment. We would need to provide information to the Regional H & S Officer, and Rod Turpin, the National Superfond Health and Safety Officer to ensure that PPE will not be required for EPA employees.

- Scenarios where NYC contractors or EPA employees may be using respirators while homeowners, perhaps with young children, would be going about their normal activities without

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