Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

Situations Involving Asbestos”issued in February 1992. For example, asbestos­ containing buildings that are in danger of imminent collapse and are ordered by the government to be demolished must be wetted down to reduce emissions. Further, asbestos-containing waste must be adequately wetted at all times after demolition and kept wet during the handling and loading for transport to a disposal site.

Additionally, in response to questions about the proper handling of WTC dust and debris fi-om a law firm representing Local 78, Asbestos, Lead and Hazardous Waste Laborers, OSHA issued an “interpretive letter” in January 2002 stating that the WTC dust was presumed to contain asbestos and the WTC demolition and salvage was subject to the Construction Asbestos Standard.

Asbestos Work Practices Used in the WTC Compiex Demolition The NESHAP emergency requirement - wetting damaged buildings before demolition and continuous wetting of the debris after demolition - appeared to have been followed. However, implementation of work practices to reduce asbestos emissions during transport of asbestos-containing debris appeared to be inconsistent.

The New York State Department of Labor is delegated responsibility for implementing all Federal regulations under the NESHAP program. NYCDEP is responsible for the asbestos abatement program in New York City. Even though authority to run the program in New York was delegated to the State and local agencies, EPA retains the authority to oversee agency performance and to enforce NESHAP regulations as appropriate.

NYCDDC was responsible for demolition and debris removal at the site. NYCDDC retained four construction companies to perform the demolition and debris removal. In addition, wetting and misting operations at the site were arranged by one of the four companies. According to New York City officials, because of the unprecedented nature of the situation, formal written contracts with detailed statements of the work were not prepared. Instead, daily meetings were held to plan the day’s activities and address any special work practices that may be required to reduce possible emissions of asbestos.

EPA and New York State asbestos NESHAP regulations require that a notification be filed by building owners even in emergency situations. The process provides an opportunity for government officials to discuss and agree to preferred work practices to be used in demolition and renovation operations.

10 This guidance was issued to assist EPA regional offices and State and local agencies in managing potential asbestos hazards resulting from a catastrophic accident or disaster after three emergencies involving asbestos occurred in 1989.

34 Report No. 2003-P-00012

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