Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

Chapter 4 Asbestos Emission Control Work Practices Inconsistent Since asbestos is a known human carcinogen, EPA has established stringent work practices to control emissions of asbestos resulting from demolition and renovation projects. Evidence indicated that a significant requirement in emergency demolitions - wetting damaged buildings before demolition and keeping the waste material wet after demolition - was followed at the WTC site. However, work practices applicable to the transport of debris from the site were employed inconsistently. The specific impact on air quality of any variance from EPA’s asbestos emergency work practices is unknown, although outdoor air monitoring showed seven asbestos readings above the AHERA standard after September 2001.

Application of NESHAP Demolition and Renovation Regulations to the WTC Disaster The applicability of the Asbestos NESHAP regulations to the demolition of damaged WTC Complex buildings and the removal of WTC building debris was discussed by EPA officials as early as September 12, 2001. An EPA official told us that EPA did not want to insist on any NESHAP requirement that would impede or deter the WTC search and rescue operation. An EPA Office of Enforcement and Compliance Assurance official involved in these early discussions told us that, in theory, NESHAP would apply to all dust and debris from the WTC disaster and subsequent demolition and removal efforts if that material contained more than 1 percent asbestos. However, in his opinion, a literal interpretation of the requirements was not realistic under the circumstances. The Regional Counsel for EPA Region 2 told us that he concluded the Asbestos NESHAP was not applicable to the transport of steel from the towers since the collapse did not meet the definition of a NESHAP demolition. However, he did not render an opinion on the applicability of the NESHAP to the demolition and removal of the three buildings that had not fully collapsed.

The Asbestos NESHAP regulations (40 CFR Part 61 Subpart M) prescribe requirements for industries and operators of certain activities to reduce the emissions of asbestos, including the demolition and renovation of buildings that contain asbestos. Generally known as the asbestos NESHAP work practice standards, many of these are applicable to emergency situations involving asbestos, as explained in EPA’s “Guidelines For Catastrophic Emergency

33 Report No. 2003-P-00012

NYC-WTC_000145388