Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

Appendix R

OIG Evaluation ofEPA's Response to the Draft Report Transmittal Memorandum

Note 1 - We believe the report’s findings, conclusions, and recommendations properly consider the unprecedented circumstances in which the response to the WTC tragedy was carried out. For instance, we point out the unprecedented nature of these events in the first line of the Executive Summary and the first line of Chapter 1. We do not believe that a response to such a tragedy can be conducted under a business as usual attitude. However, an emergency response should not preclude the Agency from following previously established guidance and practices regarding public safety and protection from hazardous substances conceived and designed to be applied in times of crisis. This position is consistent with the intent of EPA’s Guidelines for Catastrophic Emergency Situations Involving Asbestos issued in 1992. These guidelines were issued after emergency responses to three incidents in 1989 focused attention on the need to consider asbestos along with other emergency response activities. Additionally, although the initial emergency response was carried out under trying conditions, as time passed the crisis nature of the response subsided and the Agency had the opportunity to consider its actions carefully before continuing its response efforts. For example, decisions regarding the approach to addressing indoor contamination evolved over time, after extensive deliberations, and well after the initial emergency response had subsided. We also note that, except for the recommendations in Chapter 6, the Agency agreed with the recommendations in five other chapters of the report, which does not suggest that we misunderstood the circumstances that the Nation, EPA, or the City faced following the disaster.

Note 2 - We agree that the Agency should be proud of the response of its men and women in the aftermath of the WTC attacks and collapse. We also agree that the Agency’s response was made under extremely trying circumstances as detailed in Chapter 1 of the report. The findings, conclusions, and recommendations in this report are in no manner intended to disparage the valiant contributions of EPA personnel, or those of any other responding organization.

Note 3 - We agree with the need for coordinated federal efforts and the concept of centralized communications during a time of national emergency. In the report we recommend that EPA develop emergency communications policy and procedures which are consistent with the “Seven Cardinal Rules of Risk Communication,’ the fifth of which is to “coordinate and collaborate with other credible sources.”

We do not believe the report “goes to great length to erroneously criticize” CEQ’s efforts “to coordinate health and safety communications.” In accordance with the first assignment objective, the report appropriately examines the analytical basis for EPA’s major public communications regarding air quality. To the extent that reassuring words were added to EPA’s draft press release and cautionary words were deleted, it 131 Report No. 2003-P-00012

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