Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

mission of “protecting human health and the environment” during a catastrophic disaster. We understand that national security considerations or the desire to re-open Wall Street may affect certain communications. However, in our opinion, if such considerations cause EPA to omit or change statements that would otherwise have been made in its efforts to fulfill its mission, the Agency risks harm to its long term credibility as an authoritative source of health information for the public in times of crisis. EPA needs to acknowledge significant collaborations and, where necessary, qualify its communications appropriately. We agree with the goals of EPA’s Homeland Security Strategic Plan which commit EPA to disseminating quality environmental information to all levels of government, industry and the public.

Chapter 3

Note 14 - We agree that, from the beginning, EPA and other government entities provided advice to residents to cleanup indoor spaces using wet rags, wet mops, and HEPA vacuums. As detailed in the draft report, EPA’s Administrator and various Agency spokespersons orally advised the public to obtain professional cleaning when the dust was in their residences was “more than minimal,” “a heavy amount,” etc. However, we note the Agency’s web site referred readers to NYC guidance and that a NYCDOH press release reassured residents that it was “unnecessary to wear a mask” while cleaning indoor spaces, and if a HEPA filtration vacuum was not available, simply “wetting the dust down with water and removing it with rags and mops is recommended.”

In regard to potential exposures to asbestos and other contaminants, we note that a study of immigrant workers used to clean indoor space contaminated with WTC dust disclosed that these workers were not provided with personal protective equipment. The study reported that these workers reported health symptoms including coughing, sore throat, nasal congestion, chest tightness, headaches, fatigue, dizziness, and sleep disturbances that worsened after September 11, 2001. Further, a NYCDOH survey conducted in October 2001 found that the majority of residents polled had not followed the recommended cleaning procedures of using wet rags and HEPA vacuums. With respect, to the effectiveness of the cleaning studies, we note that EPA’s Confirmation Cleaning Study report dated May 2003 found that:

... one to three cleanings were necessary to reduce contamination levels to below health-based benchmarks, and the number ofcleanings required generally correlated with the levels ofcontamination initially identified in the units.

We continue to believe unprotected workers and residents may have experienced unnecessary exposures to asbestos and other pollutants.

Note 15 - We agree EPA repeatedly stated that workers at Ground Zero should wear respirators, and that the Agency raised these concerns to local officials as discussed in Appendix L of the report. However, EPA’s advice that workers wear respirators was directed to Ground Zero workers at the debris pile, and not to workers who cleaned contaminated indoor spaces outside the perimeter of Ground Zero. In regard to EPA’s statements 135 Report No. 2003-P-00012

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