Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

4. No change is needed as this portion of the draft was removed during the editing process.

5. The City’s position has been included in the final report as follows (revised sentences in italics):

Initially, building owners were held responsible for cleaning up their own buildings, including interiors and exteriors. According to New York City officials, the issue offunding the cleanup ofprivately owned buildings was discussed with FEMA and EPA; and the initialfederal position was that the Stafford Act (the implementing statutefor the FRP) did not provide directfunding to New York Cityfor this cleanup. New York City officials said that during this discussion they informed the federal agencies that building owners would be responsiblefor funding the cleanup of their buildings and the federal agencies agreed with this position. Under this arrangement, owners ofrental units were responsible for cleaning apartment walls, ceilings, and floors; common areas, such as hallways and lobbies; and heating, ventilation, and air conditioning (HVAC) systems, when deemed necessary as explained in guidance provided by New York City. Renters were responsible for cleaning personal belongings. In resident-owned condominiums, residents were responsible for cleaning their units, while building owners were responsible for cleaning common areas and HVAC systems.

6. No change is needed as this phrase was deleted during the editing process.

7, See response to note 3.

8, See response to note 1 where we explain that there were a number of factors that caused EPA to assume a lead role in responding to indoor environmental concerns. However, according to the EPA Chief of Staff who was highly knowledgeable of EPA’s reasons for becoming involved in indoor environmental concerns, EPA’s reasons were as stated. Further, recognizing the importance of this information, we confirmed this and other information obtained from the Chief of Staff in writing.

9. A site does not have to be officially declared a "hazardous waste site" in order to engage state/local response. The NCP Part 300.500 contains the state role provisions. Nothing in this section precludes state/local involvement based on a formal declaration of the site. CERCLA and the NCP plainly allow states to respond on their own to non-NPL sites, and to decide whether to become the lead or support agency in Fund-financed sites. Nonetheless, NYC’s suggested footnote has been added to ensure clarity in describing the response.

10. The cited sentence is based on evidence presented in the report which suggests that persons cleaning apartments that contained WTC dust may have increased their long-term health risks if they did not wear appropriate personal protective equipment. In regard to the “Interim Final WTC Residential Confirmation Cleaning Study,” the study report notes that 1 to 3 cleanings were necessary to achieve the health-related clearance levels, with the number of cleanings related to the extent of dust in the unit. Further, the clearance levels 150 Report No. 2003-P-00012

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