Law Department notice on WTC document preservation, Oct 2001

NYC 9/11 Public Portal Document

Report for September 27-29,2001, noted that a projected future action was to “finalize sampling plan for residential buildings.” However, EPA’s Situation Report for September 30 noted:

Residential sampling/reoccupation: On 9/30/01, EPA spoke to US Public Health Service and NYSDOH (New York State Department ofHealth) who have been discussing issue with NYCDOH. NYC will not be requesting State or Federal assistance for residential sampling or reoccupation issues. The Federal Response Plan assigns responsibility to the U.S. Public Health Service under ESF-8. Health and Medical Services, when state and local resources request Federal assistancefor medical and public health assistance.

In addition, correspondence from the Region 2 Regional Administrator indicated that in an October 9,2001, meeting between FEMA, EPA, and New York City officials. City officials stated that they would not be requesting EPA’s assistance for residential sampling or reoccupation issues. The September 30 report also indicated that New York City would not be requesting Federal assistance for cleaning roof debris. New York City officials disagreed with the characterizations of their statements presented in these documents and told us that they repeatedly expressed the position that the City welcomed any authorized federal assistance at that time.

Though EPA press releases through 2001 generally addressed outdoor air and not indoor contamination, the September 16 and October 3 releases discussed cleaning procedures that business owners and residents should take in cleaning indoor spaces. The press releases advised residents and business owners they could clean their own spaces if they used “appropriate” vacuum filters, and followed “recommended” and “proper” procedures. These press releases did not define what “appropriate,” “recommended,” and “proper” procedures meant.

Initially, EPA deferred to New York City to provide guidance for cleaning indoor spaces. As noted in Chapter 2, EPA was prepared to include recommendations in its press releases that residents obtain professional cleaning of their residences. The absence of instructions recommending that residents obtain professional cleaning in the initial weeks following the disaster may have increased the long­ term health risks for those who cleaned WTC dust without using respirators and other professional cleaning equipment.

EPA’s web site and press releases deferred to the NYCDOH guidance even though EPA’s position on indoor cleaning was different than the City’s. EPA’s basis for deferring to New York City was summarized by the testimony of the Region 2 Administrator before the U.S. Senate Committee on Environment and Public Works on February 11,2002. The Administrator, when asked if the

25 Report No. 2003-P-00012

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