WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document

As a whole. Scope of Work A presents serious concerns. It is not clear that Scope of Work A is appropriate for any aspect of the remediation of bwldings.fellowing the collapse of the World Trade Center. £PA made clew that the remediadoi; would follow all applicable government regulations. This Is also stated in the opening paragraph of tl>e entire contract. However, the contract provides for a less stringent remediation in some buildings, without clarifying why such a scheme is justified, or the legal authority that supports this scheme.

Scone of Work Scope of Work B applies to units where "a visual inspection was performed and visible accumulations of debris from the collapse of the WTC was identified.’* First, as previously ' stated, tite information regarding the presence of debris is simply provided to fire E?A vsd not actually obtained by EFA personnel. This is problematic if.EPA is to exercise effective oversight Second, it is sot clear if EF A or project monitors, will be allowed to determine that there is debris, but Urat it is not from the WTC. If so. what are the criteria for making such a deteT-.ninaxlon? The burden should net be placed on tesndts and building owners to prove that debris is in Catt from the WTC. It should be clear that all buildings within the zone of contamination qualify for the remediation program. Scope of Work B mote closely complies with applicable federal regulations. However, Scope of Work B states that it only ’'conrisu of generic procedures to be followed,” and that fine ‘‘clean-up of visible accumulartons of debris win require the submittal of a site specific scope of work.” a Contractors performing the work at the site must not have broad discretion to dedde which ' procedures to follow when remediating buildings. It must be made clear which procedures must be included in site-specific scopes of work, and it must be made clear in what regard site-specific scopes of work are allowed to differ. More importantly, site specific scopes of work must comply with all applicable government regulations, including OSHA regulation 29 CFK1926, KYS DOL and NYC DE? regulations. Procedure J?! 0 states that negative pressure ventilation equipment shall be changt*/ every 30. minutes. This procedure should be modified so that it is chwged every 15 minutes. If negative air systems are to be used, make-up air must be from areas that have already been cleaned. Procedure 1 provides that after debris is removed, surfaces will be HEPA vacuumed, and then a second cleaning shall be performed. The Scope of Work must specify the cleaning method that will be performed following HEPA vaccuming, end this method must be one that will remediate all the hazardous substances, pollutants and contaminants that may be ptesant in WTC debris, or that has been documented as present inside units. General Coneetns Is this an SPA Stope cf Woric of & NYC oeepe of WoHc? If SPA is the lead agency, dien all prepared written pratoeols/seopct of work must be v.*:ier the heading of the SPA,

NYC-WTC_000144843