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NYC Law Department letter regarding EPA draft report excerpts, July

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Correspondence from NYC Corporation Counsel providing comments on excerpts of a draft EPA evaluation report regarding the WTC response.

NYC-WTC_000146033–000146049

Folder label: “OIG

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NYC 9/11 Public Portal Document

buildings 4, 5 and 6 because City officials were advised by the property owner and one of the larger tenants, which happened to be a Federal agency, that there was no asbestos in the above ground structures. In any event, throughout the WTC site, proper planning was taken in the removal of asbestos-containing material and proper procedures were followed in removing any asbestos­ containing material, which were below grade, and to minimize exposure to asbestos-containing material. Health and safety meetings were held every day at 6:00 p.m. to deal with, among other things, removal of asbestos-containing material. A number of City, State, and Federal agencies, including OSHA, DEC, FEMA, EPA, USACE, and PEP, as well as the construction managers and Bechtel participated in these meetings. All participants contributed their expertise and collaboratively played a role in the decision making at these meetings. These meetings discussed, among other things, removal of asbestos-containing material and the adequate wetting down of the material. Procedures for removal of the material were continuously revised considering the location and nature of the material and any other issues affecting removal. Also, in this regard, a health and safety plan for the site was created to address issues such as the removal of asbestos-containing material. All agencies, including the EPA, reviewed this plan and provided input into the final version of the plan. As set forth below, proper procedures, including measures to insure adequate wetting down of asbestos- containing material, were taken.Gitv-effieials-told us that the City’s Asbestos Control Program rules did not apply beeause-of-the emergency situation. Further^ aNYCDDC official told us that the Port-Authority had removed accessible asbestos centaiaiag material from the WTC buildings prior to September 11. Consequently, in his view asbestos was-aot-arprimary concern in the demolition.

NYC-WTC_000146036

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NYC-WTC_000146036Source: NYC Law Department, mirrored locally

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