Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

opposed to 30-50 percent compliance at the WTC site. The author observed that:

. debris is pulled by workersfrom the smoking, twisted wreckage ofthe World Trade Centers and then wetted and hauled to a site where the debris is carefully sorted by workers wearing more protective clothing, much more consistently.”

Moreover, the author noted that workers at the landfill were officially informed that not wearing respirators would result in disciplinary action. OIG investigators from our New York office who participated in the recovery operations confirmed the report’s conclusions about the difference in respiratory use between the WTC and landfill sites.

EPA Actions to Encourage Respirator Use

As demonstrated by a fact sheet prepared on September 11,2001, EPA’s emergency response officials immediately recognized the need for and recommended the use of air purifying respirators^’ at Ground Zero (a copy of this document is available on our OIG web site). EPA officials told us this fact sheet was provided to a FEMA official, but was not issued. We contacted a FEMA representative who told us that the flyer was not issued because it was decided that New York City should handle worker protection issues.

EPA also provided respirators for workers at the site. According to a May 1,2002, letter fi-om EPA’s Region 2 Administrator to Senator Joseph Lieberman (D-CT) and Senator George Voinovich (R-OH), EPA had distributed 22,100 air purifying respirators and 30,500 sets of Pl 00 particulate cartridges to New York City by September 22,2001. Additionally, 600 respirators (MSA and 3m brand) and 2,000 cartridges (GME-PlOO) were provided to the New York State Department of Environmental Conservation and the New York State Department of Health. The bulk of EPA-procured equipment was transported from EPA’s Edison facility by the New York National Guard to the New York City Office of Emergency Management for distribution to response workers.

As the rescue phase progressed, EPA emergency response officials told us they were concerned about the lack of respirator use at Ground Zero and outlined these concerns in a letter to NYCDOH dated October 5,2001. This letter outlined the threat of potential exposure of workers to hazardous substances. The letter noted that EPA “... has recommended, and continues to recommend, that workers utilize personal protective equipment and the personal wash stations to prevent the spread of asbestos and other hazardous substances from the WTC to their homes, cars, public transportation, food service locations, etc.” The letter stated that EPA had observed very inconsistent compliance with its recommendations, but did not have the authority to enforce compliance with non-EPA/United States Coast Guard employees. The letter concluded by recommending that the Incident Commander adopt and enforce a site-wide Health and Safety Plan. A copy of the letter is in Appendix P.

23 NIOSH recommended the use of half-face negative pressure respirators with P-100, organic vapor/acid gas (P-IOO/OV/AG) cartridges. Respirators must be properly fitted to provide adequate protection against airborne hazards. 100 Report No. 2003-P-00012

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