World Trade Center document custody notice, Law Department

NYC 9/11 Public Portal Document

This advice, which details unsafe and illegal cleaning methods,’’ directly contradicts a letter from John Henshaw, Assistant Secretary for OSHA, which states, “in feat the materials containing asbestos were used in the construction of the Twin Towers, the settled dust from their collapse must be to contain asbestos” and therefore, OSHA federal regulations apply to the remediation of this material (emphasis added). 36 The DOH advice ironically also contradicts a statement of dubious veracity from an EPA Region II Spokesperson who said in a February 2002 USA Today article, “We have from the start been clear.. .they [those in Lower Manhattan] could assume that the material is asbestos-containing and that they needed to get that material cleaned up using professional contractors.”” If, in fact, the dust is presumed to be “asbestos containing material,” its handling and removal is regulated under strict federal guidelines.’® Despite these facts, EPA Administrator Christine Todd Whitman defended her agency’s actions of directing people to the City DOH’s unsafe guidelines. In a February 22,2002 letter to Congressman Jerrold Nadler (NY-08), Whitman wrote “In regard to your concern that the EPA guided residents to the New York City Health Department for direction on cleanup of homes, this was appropriate since traditionally, the health agencies make recommendations to the public on health-related matters.”^’ As was previously mentioned, the City did request an extremely limited indoor testing program by done by ATSDR. However, details about this program are still not known. In October, November, and December, NYC 30 apartment were tested s for hazardous materials, though the nature of those tests are unclear, and the full results will not be available until die Spring.*®

Jenkins, Cate (Ph.D., Environmental Scientist, Waste Identification Branch, HWID, Office of Solid Waste, US EPA), “Memorandum: World Trade Center Asbestos” to Lillian Bagus and Robert Dellinger, Hazardous Waste Identification Branch, December 3, 2001 and Jenkins, Cate (Ph.D., Environmental Scientist, Waste Identification Branch, HWID, Office of Solid Waste, US EPA), “Memorandum to Arts, Crafts and Theater Safety in NYC: EPA National Standards vs. New York City Guidelines,” November 15, 2001. Henshaw, John, Assistant Secretary for OSHA, Letter to Mr. Lowell Peterson, Januaiy 31,2002. ’’ Jones, Charisse, “Anxieties Over Toxins Rise at Ground Zero,” USA Today, February 7,2002. ’’ Odesey Capital Group HI, L.P. d/b/a Cascade Apartments v. OSHA Review Commission and Secretaiy of Labor Bo 01-1030, 12/2001 US App, Lexis where the OSHA Commission ruled that “an owner who fails to use specified testing methods to identify the presence of ACM fails to rebut the presumption that ACM is present in the building.” And United State v. Weintraub Nos. 99-1691 (L) 00-1368, 00-1385, 2001 U.S. App, Lexis 24921 (2d Cir Nov 19,2001) A jury found defendants guilty of criminal violations of the asbestos NESHAPS and EPA regulations for improper handling and removal of ACM and failure to notify the EPA and state agencies. ” Letter from Christine Todd Whitman (EPA Administrator) to Congressman Jerrold Nadler (NY-08), February 22,2002. New York City Department of Health Press Release, “NYC Department of Health Presents Findings From Indoor Air Samplings in Lower Manhattan,” February 8,2002.

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