Fax cover sheet for WTC-related correspondence, July 7, 2003

NYC 9/11 Public Portal Document DEP LEGAL AFFAIRS Fax:17185956543 Jul 7 2003 9:11 P.11 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 approximarely the 40th floor. Further. the Port Authority had advised that it had initiated a program following the 1993 bombing to remove asbestos related materials where present,ane removed aceessible asbestos containing matarial from the WTC buildings prior to September 11. In addition. City officials were advised by the Port Authority and General Services Administration that-Tthere 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 gårage strucmure arez at the WTC site.. City offfeiets teld us that the City's Aobestes Control Pregram tules die net apply because of the emsergeney situation. White EPA and New York State asbestos NESHAP regulations require that a notification be filed even in emergency situations.. N Naotification of a NESHAP demolition and removal operation was not filed for the WTC demolition and removal of WTC buildings 4, 5and 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._. Althoued this tecbnical roguiremeRt was net mettn any event, throughout the WTC site.. Droper planning was taken in the removal of asbestos-containing material and-as set forth below proper procedures were followed in remoying any asbestos-containing material, which were below grade, and to minimize exposure to asbestos-containing material. Hoalth and safety meetings were held every day to plan 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 DEP, as well as the construction managers and Bechtel participated in these meetings.Fhese-mestings were a collaberative effort among a number of Citt Stato-and Federal agencies, including the EPA. All participantsagencies, including ERA--contributed their expertise and collaboratively played a role in the decision making at these meetings. These meetings discussed among other things conceming semoval of asbestos-containing material, and the adequate wetting down.of thie material. Procedures for removal of the material were continuously revised considering the location and nature of the material and any other issues affecting removal. Aiso, in this regard, a site safety plan was created to address issues such as the removal of asbestos-containing material. All agencies, including the EPA reviewed this plan and had input into the fina! version of the plan. As set forth below proper procedures zocluaiing measures fo insure adequate wetting down of asbestos-containing material were taken. City officials told tis that the Cityis Asbestos Control Program fules did not apply becsuse of the erergeney situatien. Further, a NYCDDC officiat tele 4s that the Port Authority had romered acecssibte asbestos-containing material froen the. WTC buildings pxior to September 17. Consequently, it his view asbestos wes not a primary coneert-in the demolition. NYC-WTC_000146061