WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document

JUDICIARY COMMITTEE SUBCOMMITTEES; JERROLD NADLER 8th District, New York RANKING MEMBER CONSTITUTJON REPLY TO: COMMERCIAL AND ADMINISTRATIVE LAW □ WASHINGTON OFFICE: 2334 RAYBURN HOUSE OFFICE BUILDING WASHINGTON. DC 20515 TRANSPORTATION AND (202) 225-5635 INFRASTRUCTURE COMMITTEE SUBCOMMITTEES: HIGHWAYS AND TRANSIT Congrtss of rtjE ©nirtb States; □ DISTRICT OFFICE: 201 VARICK STREET SUITE 66S RAILROADS NEW YORK. NY 10014 (212)367-7350 REGIONAL WHIP □ DISTRICT OFFICE: Wagbtngton, 20515 445 NEPTUNE AVENUE COMMUNITY ROOM 2C BROOKLYN, NY 11224 (718)373-3198 Recommended Procedures for a Proper E-mail: [email protected] Web: http://www.hou8B.gov/nadler/ World Trade Center indoor Cleanup Program (includes Excerpts from the EPA IG Report)

• Protect the health of people by ensuring that the new clean-up meets Superfund regulations and guidelines, as set forth in CERLA and the National Contingency Plan;

• Contaminated buildings must be treated as a system. The EPA's practice of selectively cleaning individual apartments did not ensure that cleaned apartments will not be re-contaminated by uncleaned apartments through the HVAC system;

• Test for all contaminants of concern that have been found in WTC dust, including, but not limited to: asbestos, dioxin, mercury, lead, PCB's, PAH's, fiberglass, silica, nickel, arsenic, cadmium and chromium;

• Conduct all tests by reputable licensed and certified technicians/laboratories that operate in compliance with OSHA standards and regulatory requirements regarding worker protectior]. Such entities must also comply with all EPA procedures at hazardous waste sites;

• Sample both air and dust. Wipe tests for dust and "aggressive" air tests and other procedures must be utilized. EPA used "passive" sampling in its Indoor Cleanup Program. Use the most sensitive testing and analytical equipment available. Filters and microscopes must be state-of-the-art and calibrated;

• Include workspaces and schools as well as residential buildings in the cleanup as mandated by Presidential Decision Directive 62, and confirmed to be applicable by the EPA Inspector General Report. Currently. EPA has refused to test any spaces other than residences, and;

• Include all geographic locations impacted by the WTC dust in the clean-up effort. EPA's decision to clean residences only south of Canal Street in Manhattan neglected the need for clean-up in locations that were under the dust cloud, including the Lower East Side, Chinatown, and parts of Brooklyn. As the EPA Inspector General's report noted, "the area of the cleanup should be determined by collecting and analyzing samples starting at Ground Zero and radiating outward in concentric circles until the boundary of WTC contamination [is] determined."

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