EPA OIG draft excerpt on WTC residential cleaning program, June

NYC 9/11 Public Portal Document

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cleanup. According to EPA Region 2 officials, since the City declined EPA’s offer of assistance on cleaning issues, EPA did not want to force itself into a lead agency role. Further, EPA Region 2 officials told us that a more assertive stance from EPA would have caused a level of confrontation that might have been counterproductive to the overall effort.

New York City officials did not agree with EPA’s characterization of how indoor air responsibilities were decided. These officials did not recall discussing residential sampling and re-occupation issues with EPA during September 2001. These officials recalled discussing indoor cleaning of residences with EPA at some time after September 30,2001, and that EPA responded that they would conduct a study and provide information to the City in 6 to 9 months. New York City officials also maintained that a more assertive stance from EPA would not have been counterproductive since the City recognized EPA’s lead role for responding to hazardous substances releases under the FRP’s Emergency Support Function # 10.

New York City’s Initial Response

New York City officials held building owners responsible for cleaning up their own buildings, including interiors and exteriors. According to New York City officials, this position was developed in consultation with FEMA, and with EPA’s agreement. Further, this position was based on the understanding that pursuant to the Stafford Act (the implementing statute for the FRP), New York City would not be reimbursed for such cleaning. In general, landlords of rental units were responsible for cleaning apartment walls, ceilings, and floors; common areas, such as hallways and lobbies; and heating, ventilation, and air conditioning (HVAC) systems. Renters were responsible for cleaning their personal belongings. In the case of resident-owned condominiums, residents were responsible for cleaning their units, while building owners were responsible for cleaning common areas and HVAC systems.

Table 3-1 notes key instructions New York City provided to building owners and residents regarding the potential for indoor contamination resulting from the collapse of the WTC towers and steps for cleaning the indoor contamination:

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