WTC document preservation notice, NYC Law Department

NYC 9/11 Public Portal Document

JULt29-2002 17:53 FROM US EPA REGION 2 ORC TO 917185954544 P.04/08

3 letter, the NCP applies and is in effect whe^tl... federal Response Plan - the document providing the structure for a coordinated response under the Stafford Act - and some or all of its Emergency Support Functions (ESFs) are activated. [See 40 C.F.R. § 300.3 (d).] As also noted in my letter, ESF-10 (the Hazardous Material Annex) of the Federal Response Plan is applicable to this disaster response. ESF-10 states, “The NCP serves as the basis for planning and utilization of federal resources...” ESF-10 anticipates the potential for unique situations, in that it contemplates response “...to actual or threatened releases of hazardous materials not typically responded to under the NCP but that, as a result of the disaster or emergency, pose a threat to public health or welfare or to the environment.” [See ESF-10, section hi such situations, “ralpplicable policies and procedures in the NCP will be adhered to...” (emphasis added). [See ESF-10, section IV.B.l.f.] In this instance state and local government entities have asked EPA to provide technical lead and oversight of actions to address potential indoor air/dust cleanups for residential dwellings. This activity is consistent with Stafford Act Sections 403 and 407 and is coordinated by FEMA’s Federal Coordinating Officer.

In developing the Indoor Air Residential Assistance Program - W1C Dust Cleanup, EPA has relied on the existing data, the intergovernmental collaboration process, and discussions with scientific, technical, and medical professionals and concerned community members. We believe this is appropriate given the urgency and scope of the actions needed to help restore lower Manhattan to pre-9/11 conditions.

The Indoor Air Residential Assistance Program -WTC Dust Cleanup responds to a disaster involving a release that is most certainly not typical, not only because of the terrorist act that led to the release but also because of the unique challenges posed by the presence and potential presence of WTC dust in thousands of lower Manhattan apartments. When the WTC collapse occurred, there was a release of asbestos, a hazardous substance, to the environment. The debris and pulverized dust from the collapse affected many structures in lower Manhattan to varying degrees. This release was document^ by bulk dust sampling done by EPA; approximately 35% of bulk dust outdoors contained greater than 1 % asbestos, which is a regulatory definition of asbestos-containing material (ACM) under federal, state and local statutes. The ACM was deposited in a very variable manner, that is, samples of bulk dust/debris, taken virtually adjacent to each other, had differing levels of asbestos. We believe that the dust materials that reached the interiors of structures was likewise variable in its deposition. In addition, some of the material may have contained asbestos at levels of concern for long-term risk, even though it may not have exceeded 1% ACM. Given that there are over 20. residential units in lower Manhattan, specifically identifying which of them were affected by | amounts of dust potentially causing long-term health effects would be time- and resource- ' intensive. In addition, as I stated earlier, making risk exposure assessments in indoor environments is very complex. The variability of the WTC debris/dust material and the manner in which it affected building interiors adds another layer of complication.

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