NYC Law Department letter regarding EPA draft report excerpts, July

NYC 9/11 Public Portal Document

Excerpts from Chapter 3 of the Draft Report

Initial Actions Taken by New York City and EPA

In the immediate aftermath of the disaster, EPA undertook several activities to address various issues related to indoor air. However, according to EPA dociunentation. New York City officials stated on September 30, 2001, that the City would not be requesting assistance from EPA regarding residential sampling or reoccupation issues, or roof debris cleanup. According to EPA Region 2 officials, since the City declined EPA’s offer of assistance on cleaning issues, EPA did not want to force itself into a lead agency role. Further, EPA Region 2 officials told us that a more assertive stance from EPA would have caused a level of confrontation that might have been counterproductive to the overall effort. This view of circumstances by EPA is contradicted by information provided by New York City agencies. City officials stated that they requested assistance from EPA with respect to air sample monitoring on September 11,2001. Furthermore, City officials stated that the EPA was thoroughly involved and integrated into the health and safety process concerning the response to the terrorist attacks. For example, EPA chaired the Environmental Sampling and Assessment Workgroup. EPA was provided and reviewed and commented concerning the health and safety plan for the site. EPA provided the truck mounted HEPA vacuum units to clean the sidewalks and streets in the vicinity of the site. In the City’s view, EPA was a full and equal partner concerning environmental issues with respect to the response to the terrorist attacks. Consequently, if EPA had offered assistance it would have been accepted. Moreover. EPA’s taking a more assertive stance would not have caused a level of confrontation that would have been counterproductive as the City recognized that the EPA is the lead agency for Emergency Support Function 10, hazardous materials, under the Federal Response Plan. City officials do not recall that the subject of residential sampling and reoccupation and roof debris cleanup was raised by the EPA on September 30, 2001. or any time before then. City officials recall discussing the issue of indoor cleaning of residences with EPA at some time after September 30. 2001 and that EPA’s response was that they would conduct a study and provide information to the City in six to nine months.

New York City’s Initial Response to Indoor Contamination

DRAFT - FOR REVIEW AND COMMENT PURPOSES ONLY

NYC-WTC_000146043