NYC Law Department letter regarding EPA draft report excerpts, July

NYC 9/11 Public Portal Document

Excerpts from Draft Report

Qualification Regarding Our Observations and Conclusions The demolition and debris removal at the World Trade Center site presented an unprecedented situation and the standard government contract procedures that would be used in a normal situation were modified to deal with the unprecedented shuation^The New York City Department of Design and Construction (NYCDDC) was responsible for demolition and debris removal at the site. NYCDDC retained four construction management companies awarded four for demolition and removal of debris. Under the circumstances, written contracts were not executed between the City and the construction management companies. , as well as a contract for-wWetting and misting operations at the site were conducted under these arrangements with companies. A scope of work was not issued for the construction management work due to the unprecedented nature of the work to be performed. It was not possible to create a scope of work in advance that would be agreed on by all parties in advance of the work to be done. Instead, work was assigned at the scene by NYCDDC in couiunction with other City, State and Federal agencies. We contacted an NYCDDC official about demolition and debris removal operations at the site and requested copies of the statements of work for these contracts in order to determine what, if any, Asbestos ^jESHAP work prwtices were required by these contracts;..Although we made multiple requests, we were not provided with-copies of these statements of work. Accordingly, our review and conclusions were limited since we were unable to review-these key documents;

NOTIFICATION AND PLANNING CONCERNING ASBESTOS-

An NYCDDC official told us that they had been advised by the Port Authority that as for the two towers, one tower was built without asbestos and the second tower had been built with asbestos fire-proofing up to approximately the 40‘^ floor. Further, the Port Authority had advised that it had initiated a program following the 1993 bombing to remove asbestos related materials, where present. In addition, City officials were advised by the Port Authority and General Services Administration that there was no asbestos containing-material in the above ground portions of WTC Buildings 4, 5 and 6. However, asbestos­ containing material was found in the garage structure area at the WTC site. EPA and New York State asbestos NESHAP regulations require that a notification be filed even in emergency situations.r-NJNotification of a NESHAP demolition and removal operation was not filed for the WTUdcmolition and removal of WTC

NYC-WTC_000146035