WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document

As a whole. Scope of Work A presents serious concems. It is not clear that Scope of Work Ais appropriate for any aspect of the remediation of buildings following the collapse of the World Trade Center. EPA made clear that the remediation would follow all applicable government regulations. This is also stated in the opening paragraph oftJie 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.

Scope of Wor^B

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, tlie information regarding the presence of debris is simply provided to the EPA, and not actually obtained by SFA personnel. This is problematic if,EPA is to esrereise effective oversight. Second, it is not clear if EPA or project monitors, wall be allowed to determine that there is debris, but tliat It is not fiom the WTC. If :o, wha* dre the criteria for making such a , deier.nination? The burden should not bj placed on teo^jts and buildiug owners to prove that debris is in fact firm the WTC. It should be dear 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 ‘'consists of generic procedures to be followed," and that tiac "clean-up of visible accumulations of debris wiH require the submittal of a site specific scope of work.” a Contractors perfoming 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 seopes ofwork, 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 CFR1926. KYS DOL and NYC DEF regulations. Procedure #10 states that negative pressure ventilation equipment shall be changfcu every 30. minutes. This procedure should be modified so that it is changed every 15 minutes. If negetiv*! air systems ate 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. Hie Scope of Worl: muat specify the cleaning method that will be performed following HEPA vaccuming, and this method must be one that will remediate all the hazardous substances, pollutants and contaminants that may be present in WTC debris, or that has been documented as present inside units. General Concerns Is this an EPA Scope of Work or a NYC icope of Work? If SPA is the lead agency, dien all prepared written protoeols/seopcs of work must be v"'. the heeding of die EPA,

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