Draft outline for asbestos project monitoring contract, May 2002

NYC 9/11 Public Portal Document

JUDICIARY COMMITTEE suaeoMMirrecs: JERROLD NADLER Sth District, new York RANKaiKS MIMBER eoHSTirunoH eOMMClttlALAMO REPLY TO; AOMINtSTIWTlwe LAW a WaSHINOTON OFFICE! 2334 RAYBURN HOUSE OFFICE BLHLDINO TRANSPORTATION AND WASHINGTON, OC 20313 INFRASTRUCTURE COMMITTEE (202)223-8831 suBCOFttornas: NienWAYBANSTRRMSir CnngreSS af tije Witeb S>tates( 0 DISTRICT OFRCC: 201 varick street SUITE 889 HAILROAOS HouEf of ISxpreEEntatibEs! NEW YORK, NY 10014 (212)362-7380 OEBIONaLWHIP a DISTRICT OFFICE: Wallington, 20515 <W9I«PTUNE AVENUE eOMMUFBTY ROOM 3C March 14,2002 BROOKLYN, NY 11224 niBI 373-3198 Christine Todd Whitman E-maE: jerrBldjtaOlBisSmaliJiouM^iow Administrator Wnb: http»Mn«i,.ho<j8«.ooWn84lef/ Environmental Protection Agency 1200 Pennsylvania Avenue NW Washington, DC 20460

Dear Administrator Whitman;

It has been brought to my attention that on March 18,2002, tide City of New York is preparing to return hundreds of vehicles from the World Trade Center to their owners that axe presently stored and/or disposed of at the Fresh Kills landfill in Staten Island, NY. A recent Yew York Daily News article, which I have enclosed for your review, documented that these vehicles are contaminated with dust from the World Trade Center, and diat tests on some of the cars show dangerous levels of asbestos. Remediation of these vehicles will be menmbeat on die owners and insurance companies, and the only guidance from die government is a “tip sheet” from New York City Department of Health (NYC DOH) tolling people how to remove asbestos-laden dust

Requiring average citizens to clean their own cars of asbestos, and possibly other hazardous materials, is reckless and irresponsible, and presents a threat to public health. Therefore, I urge you to exercise your authority under the Resource Conservation and Recovery Act (RCRA) to prevent the return of diese cars by New Yoric City. As you know, 42 USC 6973(a) of die RCRA statute authorizes the EPA Administrator to take action necessary, including the issuance of administrative orders, or filing suit in the appropriate district court, when hazardous waste presents an ‘imminent and substantial endangerment to hcalfh"

Clearly, the burden should not be on the vehicle owners to make their cars safe, particularly when the remediation of hazardous materials and waste must be conducted by properly trained personnel and most follow all applicable government regulations. I respectfully request (hat you exercise your authority to: 1. File an emergency injunction, or follow die appropriate administrative procedures, to step the return of diese vehicles to dieir owners on March 18,2002; and X Direct EPA’s On-Scene Coordmators to remediate the cars for hazardous waste contamination before returning them to their owners; or 3. Request that the Federal Emergency Management Agency (FEMA) reimburse people for diese vehicles if EPA determines it is unable to remediate diem, or that diese cars cannot be safely upoated.

I understand dus request is time-sensitive, but I believe diis action by the City ofNew York presents an “imminent and substantial” threat to die heahh of owners, passengers, or any other individual who may encounter these contaminated cars, and requires an immediate response. Thank you for your prompt attention to diis matter.

Sincerely,

Jerold Nadler u Member of Congress

cc: Mayor Michael Bloomberg Governor George Pataki NYC Dept of Health Commissioner Frieden NYC Dept of Sanitation Commissioner Doherty a

Enclosure

NYC-WTC_000144586