Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

into the “environment” when a huge dust plume was released into the ambient air. Matter from the dust plume then entered buildings in the surrounding area. In such a case, when the release “into the environment” ends up contaminating enclosed structures, CERCLA provides EPA the authority to take any actions necessary to eliminate or mitigate the threat to public health from the release.

A 1998 Presidential Decision Directive^ (PDD 62) tasked EPA with the leadership role in cleaning up buildings and other sites contaminated by chemical or biological agents as a result of an act of terrorism. This leadership role was discussed in the EPA Administrator’s November 28,2001, testimony before a Congressional Subcommittee of the Committee on Appropriations, wherein she noted that:

Under the provisions ofPDD 62, signed by President Clinton in 1998, the EPA is assigned lead responsibilityfor cleaning up buildings and other sites contaminated by chemical or biological agents as a result ofan act of terrorism. This responsibility draws on our decades ofexperience in cleaning up sites contaminated by toxins through prior practices or accidents.

The expectation that EPA should be the lead agency for responding to indoor contamination has been clarified since September 11,2001. The July 2002 National Strategyfor Homeland Security issued by the Department of Homeland Security states that:

‘'After a major incident, the Environmental Protection Agency will be responsible for decontamination ofaffected buildings and neighborhoods and providing advice and assistance to public health authorities in determining when it is safe to return to these areas.”

Prior Responses to Releases of Hazardous Substances Due to the magnitude of the WTC collapse, it is difficult to compare the WTC response with responses to other emergencies. However, we noted other emergencies involving indoor contamination in which EPA’s and other government entities’ response to those emergencies appeared more proactive or comprehensive than the response to the WTC incident.

• In 1989, a relevant emergency response occurred in Gramercy Park in New York City. A steam pipe exploded, disbursing asbestos-contaminated mud into nearby buildings. The NYCDOH declared a public health emergency and evacuated residents until their apartments were decontaminated. An EPA

g Presidential Decision Directive (PDD) 62, “Protection Against Unconventional Threats to the Homeland and Americans Overseas,” May 22,1998.

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