NYC 9/11 Public Portal Document
JUDICIARY COMMITTEE
suaeoMMirrecs: JERROLD NADLER
Sth District, new York
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2334 RAYBURN HOUSE OFFICE BLHLDINO
TRANSPORTATION AND WASHINGTON, OC 20313
INFRASTRUCTURE COMMITTEE (202)223-8831
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201 varick street
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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
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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
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