World Trade Center document custody notice, Law Department

NYC 9/11 Public Portal Document

actually took place, other than issuing one “public notice” on the subject.^^ The only record of any enforcement seen to date is a letter sent by DEP to building owners the day the Senate hearing, requesting documentation of cleanup measures taken. Moreover, that letter informed die landlords and property owners that they are only responsible for common or public areas of buildings. And, according to some experts, die type of testing that DEP instructed building ownera and managers to use wouldn’t properly detect the hazardous materials.^’ Testing and remediating of actual apartments and private workspaces has been left up to individual tenants?’ There has been no enforcement whatsoever of any rules or regulation with respect to testing or cleaning indoor private spaces?’ As the City placed die burden for testing and remediating indoor private spaces on individual tenants, it referred individuals for advice (though no other assistance) to die New York City Department of Health (NYC DOH) for recommendations on re­ occupying homes and businesses.’^ The EPA, on its website and in public press releases, also referred residents to these recommendations’2, which state that “based on the asbestos test results received thus far, there are no significant health risks” and advises people to remove dust using a “wet rag or wet mop.”” EPA Region II Acting Deputy Regional Administrator Kathleen Callahan reiterated that downtown tenants should look to the DOH guidelines for cleaning their indoor spaces in testimony before the New York City Council on December 11,2001.’*

“ NYC DEP, “Notice to Building Owners Located South of 14* Street, Manhattan,” September 16,2001. Letter from R. Radhakrishman (P.E., Director of NYC DEP’s Asbestos Control Program) to Building Owners, February 12,2002. Ibid. Also, see AHERA 40 CFR 763 Appendix C to subpart E Asbestos Model Accreditation Plan. Under the regulations, public and commercial building is defined as: the interior space of any building which is not a school building.. ..The term includes, but is not limited to: industrial and office buildings, residential apartment buildings and condominiums of 10 or more dwelling units, government owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior space includes exterior hallways connecting buildings, porticos and mechanical systems used to condition interior space. Jenkins, Cate, (Ph.D., Environmental Scientist WIB, HWID, Office of Solid Waste, US EPA) “Memorandum, December 19,2001” Berger, Elizabeth (resident), “Testimony before the United States Senate Subcommittee on Clean Air, Wetlands, and Climate Change,” February 11,2002. “ Miele, Joel (Commissioner, NYC DEP) “Testimony before the United States Senate Subcommittee on Clean Air, Wetlands, and Climate Change,” February 11, 2002. Remark made during the question and answer period. ’ Letter from Joel Miele to Residents of Lower Manhattan, October 25,2001. EPA Region II Press Release, “EPA and OSHA Web Sites Provide Environmental Monitoring Data From World Trade Center And Surrounding Areas: Data Confirms No Significant Public Health Risks; Rescue Crews and Nearby Residents Should Take Appropriate Precautions,” October 3,2001. “ “Recommendations for People Re-Occupying Commercial Buildings and Residents Re-Entering Their Homes,” (www.ci .nvc.nv.us/himl/dnh/hiTnl/alerts/wtc3 html). printed on January 24*’ 2(X)2 3:42pm. Callahan, Kathleen (Acting Deputy Regional Administrator, EPA Region II), “Testimony before the New York City Coimcil Enviromnental Protection Committee,” December 11,2001.

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