Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

that they repeatedly advised sensitive sub-populations and people experiencing acute symptoms to consult a physician, we note that these warnings were not presented in EPA’s press releases. We attempted to verify the extent to which EPA advised these other groups through other forms of communication. For example, we reviewed briefing notes prepared for public meetings that EPA. These briefing notes showed that EPA officials intended to discuss sensitive populations at two public meetings in October 2001. We also reviewed newspaper and other news articles to determine when EPA publicly provided such advice. Based on the evidence EPA provided to us, and our own independent research, we were not able to conclude that EPA “... repeatedly advised anyone with acute symptoms to consult with their physicians...”

Chapter 4

Note 16 - We acknowledge the difficulty in implementing NESHAP work practices in the aftermath of the WTC collapse and agree that these work practices should not be implemented to the detriment of rescue operations in any emergency situation. However, even in the aftermath of an emergency, appropriate measures should be taken to the extent practical to reduce the exposure of emergency responders, clean-up crews, and the surrounding public to asbestos emissions.

Chapter 5

Note 17 - We agree that EPA conducted many activities to support efforts to alert Ground Zero workers to health-related issues, and we discuss these actions in Appendix L of the report.

Note 18 - EPA notes that the public sometimes wants information that is not scientifically available, or is not available quickly. We agree that this may sometimes be the case. EPA guidance in discussing the 4* rule of the “The Seven Cardinal Rule of Risk Communication” states: “If you do not know an answer or are uncertain, acknowledge it and respond with the answer as soon as possible.”

Chapter 6

Note 19 - The Agency states that there are many residential and commercial buildings below Canal Street, and that a cleanup program including all of them would be a monumental undertaking that EPA studies and data indicate is not necessary. We agree that this would require a significant effort. However, the former EPA Administrator stated in September 2001 that the President made it to clear to spare no expense and to do everything needed to make sure the people of New York City were safe as far as the environment was concerned.

Note 20 - We agree that the vast amount of outdoor dust and debris has been removed, and thus exterior sources for contamination of indoor spaces have been significantly reduced. However, any indoor spaces contaminated with WTC dust that have not been cleaned using proper techniques will likely remain contaminated. The Agency notes that in 136 Report No. 2003-P-00012

NYC-WTC_000145667