Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

also interpret this to mean that, after cleaning, the units were still too dusty to pass the clearance test over 80 percent of the time. This is evidence that the cleaning process, although conducted under close EPA oversight, was often not successful. We had no evidence that this cleaning process would be more successful under the oversight of others, nor that the risks from exposure to other contaminants would be significantly reduced when the residence passes the asbestos clearance test.

Note 25 - Our recommendation applies to the interior building system in buildings with central heating, ventilation, and air conditioning (HVAC), composed of ftimace/cooling coils and condenser, plenum, filtration system, supply ducts, and return ducts or return open air plenums. We continue to believe that these buildings should be treated and cleaned as an entire building system rather than as individual apartments because of the high likelihood that uncleaned subparts of the system will re-contaminate the entire system when the system is re-energized after cleaning of registers/ducts in a single or small group of apartments. We do not believe the absence of “widespread exceedences” provides sufficient assurances that public health is protected. EPA’s own regulations state that asbestos is a known human carcinogen with no known safe level of exposure.

Note 26 - As indicated on page 9 of its response, EPA indicates that it has coordinated with OSHA throughout the indoor cleaning program, and that OSHA is prepared to address worker complaints. While we commend EPA and OSHA for coordinating on this issue, we continue to believe EPA, OSHA, and FEMA should assess the need for a work space cleaning program and formally come to an agreement as to whether or not work spaces should be addressed pro-actively by a cleaning program.

Chapter 7

Note 27 - Based on the events that unfolded after September 11, 2001 it is clear that the public looks to EPA for its advice and opinions on issues related to the environment. We expect that the public and the Department of Homeland Security will continue to look to EPA for its professional advice and judgment on matters related to the environment.

138 Report No. 2003-P-00012

NYC-WTC_000145669