WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document

indeed been utilizing some of the NCP protocols at Ground Zero - however, they have not relied on this authority, or any other, to test or remediate indoor environments.

As we speak, the EPA is in fact doing indoor testing and remediation in Herculaneum, Missouri and other locales without Superiund designation. We must learn why the EPA is treating New York differently and I ask the Senators present here today tp help me find out. This double-standard is unconscionable.

The EPA was unwilling to act on its own, and yet did nothing to ensure that those ostensibly charged with acting did “the right thing.” The EPA, on its website and in public press releases referred residents to the New York City Department of Health, which recommended that people clean their potentially asbestos-laden dust with a “wet rag or wet mop.” Clearly such cleanup measures are inadequate, as seen by the EPA’s own actions taken in its building at 290 Broadway. I again today ask why the EPA applied stricter measures to federal buildings than the City advised for local residences and business equidistant from the World Trade Center.

Given the lack of action, credible information or oversight, I believe the EPA has failed in its responsibility to protect the public health of the citizens of Lower Manhattan. This is quite simply shameful, for public health is the first thing we, as a government, must protect.

In order to ensure a full and fair public assessment on the EPA’s actions following September 11th, I have also asked the EPA National Ombudsman, Robot Martin, to investigate th^e matters. Mr. Martin has been doing so, and I am disappointed he has not been invited to testify and share the status of his investigation with the Committee. However, I understand there is a time constraint today, so I have attaSied a statement fi'om Mr. Martin to be included in the record. As you may also know. Administrator Whitman is attempting to place the Office of the Ombudsman under the control of the Inspector General, effectively stripping the Ombudsman of his independence and ability to investigate these claims. I sincerely hope that Administrator Whitman will stop her quest to eviscerate the office of the Ombudsman, and in so doing, further undermining the integrity of the agency.

I realize that I have leveled serious charges here today, but I believe I have the moral responsibility to do so. The salient point is that we still do not know the extent of the presence of hazardous materials in some areas of the city. It may or may not be dangerous in many indoor areas of lower Manhattan - we just don’t know. I am dismayed that there seems to be an unwillingness on the part of our public agencies to get this information. But given that we do not have all of the facts, we cannot conclude anything. I ds know that we must get the facts and act swiftly and appropriately to get the job done right.

We must not fall into the catch-22 of saying there is no evidence of a public health emergency without taking any steps to get such evidence. And the burden should not be on the landlords and residents themselves when the testing procedures and cleanup measures are expensive and must be conducted by properly trained personnel.

The EPA has the statutory and regulatory authority to test and remediate indoor environments in Lower Manhattan, and has exercised such authority elsewhere. I am calling on

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