World Trade Center document custody notice, Law Department

NYC 9/11 Public Portal Document

U.S. CONGRESSMAN JERROLD NADLER WHITEPAPER LOWER MANHATTAN AIR QUALITY Last Updated, March 11,2002 Executive Summary • When Environmental Protection Agency (EPA) Administrator Christine Todd Whitman announced to New Yorkers, shortly after the September 11*’* terrorist attacks, that their “.. .air is safe to breathe,” she misled the public because the EPA did not have the proper information to make such an assurance. • The EPA also misled the public about air quality by mischaracterizing its own data and ignoring or withholding other critical data that contradicted Ms. Whitman’s assurances. • The EPA allowed the City of New York to handle indoor air quality. The City, in turn, delegated indoor air matters (testing and remediation) to individual building owners for indoor public spaces, and to tenants for indoor private spaces. The City provided little enforcement witii respect to indoor public spaces and no enforcement with respect to indoor private spaces, and gave improper advice regarding hazardous materials testing and remediation. • Asa result of the EPA’s misleading statements about air quality and because it allowed the City of New York to handle matters related to indoor envirShhTents, there has been inadequate hazardous materials testing and remediation inside residential and coTmThTercial buildings downtown - putting the public health at risk. • By allowing indoor air quality in residential and coTumiercial buildings to be handled by the City of New York, and by not properly exercising its oversight authority pursuant to the National Contingency Plan (NCP), the EPA violated federal law. • The EPA’s inaction in New York City downtown residences and commercial buildings stands in stark contrast to its response in its own building at 290 Broadway, as well as at other non-Superfund hazardous materials contamination sites around tihe country. • The Citizens of Lower Manhattan - residents, workers and building owners -- have been victims of a terrorist attack on this nation, and should not bear the burden of making their homes, offices, and businesses safe again. The EPA must act in accordance with the NCP, and take action immediately to systematically and properly test and remediate all downtown buildings affected by the World Trade Center tragedy, using properly trained personnel and the best-available equipment and method tied to genuine, established health-based standards. Six months after the attacks, it is now clear that the EPA is the only governmental entity with the authority, resources, expertise and mandatR to do this job. This is the only course of action if the EPA is to restore the public trust and protect the public health.

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