EPA OIG draft excerpt on WTC residential cleaning program, June

NYC 9/11 Public Portal Document

DRAFT EXCERPTS FROM SECTION 3: POR REVIEW & DISCUSSION PURPOSES ONLY

During the first several weeks of the response, New York City publicly exercised a lead role in responding to indoor environmental concerns through the issuance of guidance and notices to building owners and residents concerning indoor air issues. According to New York City officials, this approach was developed in consultation with FEMA, and with EPA’s approval. After the City was criticized for its response, EPA began to assume a lead role in February 2002, when the Agency initiated a multi-agency task force to address concerns about the indoor environment. This multi-Agency effort resulted in an indoor residential testing and cleaning program in which cleaning of residences began in August 2002. Prior to initiation of the EPA-led cleanup, many WTC area residents returned, and a November 2001 NYCDOH study concluded that most residents did not follow recommended cleaning practices. The full extent of public exposure to indoor contaminants resulting from the WTC collapse is unknown.

Indoor Contamination Response The public and elected officials began raising concerns about the extent that indoor spaces were contaminated with asbestos and other contaminants shortly after the WTC collapse. New York City, which initially took lead responsibility for addressing indoor air, was criticized for:

i. Delegating testing and remediation efforts to building owners and residents. ii. Not enforcing proper procedures for cleaning asbestos. iii. Giving improper advice to the public on testing and cleaning procedures.

EPA was criticized for not initially taking a greater role in indoor testing and cleaning. U.S. Congressman Jerrold Nadler (D-NY), whose district includes Lower Manhattan, contended that EPA violated the law by allowing New York City to handle indoor air quality and not exercising oversight authority pursuant to the National Contingency Plan (NCP). EPA maintained that the NCP does not create a right to a Federal response and its approach to indoor air was a "proper and legal exercise of our discretion" under the NCP.

Details on the actions taken by New York City and EPA regarding the WTC indoor environment, as well as applicable statutes and regulations pertaining to EPA authorities and responsibilities regarding indoor air, follow.

Initial Actions Taken by New York City and ERA In the immediate aftermath of the disaster, EPA undertook several activities to address various issues related to indoor air. However, according to EPA documentation. 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

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