WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document . T0'd "WiOi

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From: Schmeltzer, Eric Sent Thursday, January 17.2002 10:38 AM Subject MAJOR WTC RELEASE: NADLER EXPOSES EPA DOUBLE-STANDARD

Jan. 17,ioo2 CONTACT: Eric Bchmoteer 202-22S-86S6 for IMMEPtATE RELEASE

Nadler Exposes Dramatic EPA Double-Stanifards and Mishandling of Hazardous Materials Testing and Removal in Downtown Manhattan Residences Calls for Full Testing and Cleanup, Comprehensive and Independent Investigations

NEW YORK - Calling into question the integrity of the Environmental Protection Agency’s (EPA) actions in lower Manhattan since the World Trade Center attacks, Rep. Nadler exposed a gross dispart^ in how the EPA has responded to toe aftermath of toe 0/11 attacks compared with other instances of hazardous materials contamination around toe country. Congressman Nadler made the announcement at a pity Hall press conference and was joined by members of the Ground Zero Elected Officials Task Force, and Hugh Kaufmen. Chief Investigator for the EPA National Ombudsman. t

Rep. Nadler charged that toe EPA has abrogated its resaonsibllity to protect public health by proclaiming lower Manhattan "safe* without comprehensive data to support that statement And toe Congressman revealed that the EPA had Its own office building at 290 Broadway extensively tested and properly cleaned, In stark contrast to EPA directives which told Manhattan residents to follow NYC Department of Health (NYCDOH) guidelines that advise cleaning with 'wet rags.” The Congressman stated that these guidelines may be in violatian of toe federal law that EPA is responsible for overseeing. As a result of these findings, the Congressman made a number of bnmediate demands of toe EPA and oatled for toe continued, unfettered and independent investigation by toe EPA National Ombudsman and for Congressional Hearings.

EPA Region II officials have claimed in multiple public statements that they have no responsibility tor indoor testing and cleaning of residences In lower Manhattan. In a November 20* New Yor* Dally Nawa article, Region 11 Counsel Walter Mugdan said. They [the federa; regulations] were never contemplated to apply to someone cleaning an apartment* Bennie Bellow, spokesperson for Region II, said in a recent Si. Louis Post-Dlafiateh article. That’s not our job and we have no policies or procedures for doing that type of testing.” She also stated. *We are not a health agency." However, today Congressman Nadler said that he had spoken wfft EPA officials who dispute the accuracy of those statements. The EPA National Ombudsman. Robert Martin, confirmed that the agency is, in fact currently doing indoor testing and removal of hazardous materials in Herculaneum. Missouri, and has also done so in McFarland, CaJi-fomia, and Keiiog, Idaho.

The EPA has toned to uphold its own mtsslon * to protect human health and to safeguard the natural environment < air, water and land • upon which life depends.* * uusurd that the EPA has claimed publicly that it doesn’t have the legal authority to do necessary environmental tests end remediation in response to the World Trade Center attacks when it has dearly done residential work throughout the country.* eaid Congressman Nadler. “Why is New York being treated differently?*

'And given that the EPA has not tested Inside people’s homes, despite my repeated requests for it to do so, I find It deeply troublinc that Administrator Whitman said she was *glad to reassure the people of New York.. .that their air is safe to breathe, and their water is safe to drink.’ She clearly did not have comprehensive data to support that claim either way,” he added.

Congressman Nadler also revealed today that the Federal buildings at 290 Broadway and 26 Federal Plaza were tested inside and outside for high levels of hazardous materials and. wh^ some were found, the areas were cleaned (HEPA T0/T0*d STS dcsazbcs ‘s-n 4.SS6T S003-iT-Nfc(r

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