Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

Chapter 3 ERA’S Response to Indoor Environment Consistent With Statutes and Regulations But May Have Delayed Needed Health Protection EPA’s actions to evaluate, mitigate, and control risks to human health from exposure to indoor air pollutants in the WTC area were consistent with applicable statutes and regulations. EPA is not obligated to respond to a given emergency, and New York City exercised a lead role regarding indoor air. Nonetheless, we believe EPA could have taken a more proactive approach regarding indoor air cleanup. EPA began to assume a lead role in February 2002, when the Agency initiated a multi-agency task force to address concerns about the indoor environment. Prior to initiation of the EPA-led cleanup, many WTC area residents had returned to their homes, and a study indicated most of them had not followed recommended cleaning practices. The full extent of public exposure to indoor contaminants resulting from the WTC collapse is unknown.

Concerns Expressed Regarding Indoor Contamination Response

The public and elected officials began raising concerns about the extent that indoor spaces were contaminated with asbestos and other contaminants shortly after the WTC collapse. New York City, which initially took lead responsibility for addressing indoor air, was criticized for:

• Delegating testing and remediation efforts to building owners and residents. • Not enforcing proper procedures for cleaning asbestos. • Giving improper advice to the public on testing and cleaning procedures.

EPA was criticized for not initially taking a greater role in indoor testing and cleaning. U.S. Congressman Jerrold Nadler (D-NY), whose district includes Lower Manhattan, contended that EPA violated the law by allowing New York City to handle indoor air quality and not exercising oversight authority pursuant to the National Contingency Plan (NCP). EPA maintained that the NCP does not create a right to a Federal response and its approach to indoor air was a “proper and legal exercise of our discretion” under the NCP.

In the immediate aftermath of the disaster, EPA undertook several activities to address various issues related to indoor air. However, according to EPA documentation. New York City officials stated on September 30, 2001, that the City would not be requesting assistance from EPA regarding residential sampling or reoccupation issues, or roof debris cleanup.

21 Report No. 2003-P-00012

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