EPA OIG draft excerpt on WTC residential cleaning program, June

NYC 9/11 Public Portal Document

DRAFT EXCERPTS FROM SECTION 4: FOR REVIEW & DISCUSSION PURPOSES ONLY

Asbestos Work Practices Used in the WTC Compiex Demoiition

The New York State Department of Environmental Conservation is delegated responsibility for implementing all Federal regulations under the NESHAP program. NYCDEP is responsible for the asbestos abatement program in New York City. Even though authority to run the program in New York was delegated to the State and local agencies, EPA retains the authority to oversee agency performance and to enforce NESHAP regulations as appropriate.

The NESHAP emergency requirement - - wetting damaged buildings before demolition and continuous wetting of the debris after demolition - - appeared to have been followed. However, implementation of work practices to reduce asbestos emissions during transport of asbestos-containing debris appeared to be inconsistent. The following sections describe work practices employed to reduce asbestos emissions.

Arrangements for Demolition and Debris Removal

The New York City Department of Design and Construction (NYCDDC) was responsible for demolition and debris removal at the site. NYCDDC retained four construction companies to perform the demolition and debris removal. In addition, wetting and misting operations at the site were arranged by one of the four companies. According to New York City officials, because of file unprecedented nature of the disaster and the work to be performed, formal written contracts with detailed statements of the work to be performed were not prepared. Instead, daily meetings were held to plan the day’s activities and address any special work practices that may be required to reduce possible emissions of asbestos.

Written NESHAP Notifications Not Prepared

EPA and New York State asbestos NESHAP regulations require that a notification be filed even in emergency situations. The notification process provides an opportimity for government officials to discuss and determine the preferred work practices to be used in demolition and renovation operations. Notification of a NESHAP demolition and removal operation was not filed for the WTC. City officials stated that a written notification was not filed for WTC buildings 4,5, and 6 because they were advised by the property owners that there was no asbestos-containing material in the above ground structures. NYCDDC officials told us that they were advised by the Port Authority that subsequent to

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