NYC Law Department letter regarding EPA draft report excerpts, July

NYC 9/11 Public Portal Document

World Trade Center Emergency Project Environmental, Safety, and Health Plan I Revision 0 15 October 2001

2.5 ASBESTOS

Asbestos fibers have been found in some bulk and air samples taken within and outside of the rubble piles at the WTC site. This is not unexpected given that many structures built prior to 1979 had asbestos containing materials (ACM) used in building construction (e.g., pipe/equipment insulatio~ fireproofing, floor/ceiling tiles, electrical components, coatings). Thus, the potential exists for workers to be exposed to asbestos while removing debris from the rubble piles and in conducting demolition activities in structural damaged buildings adjacent to the piles. To help reduce the potential for asbestos exposure to personnel working within the WTC site and to minimize the spread of dust (which may contain asbestos fibers) during demolition and debris removal, loading, and transport to disposal sites, the Project bas implemented a Dust Protection and Suppression Plan (see Appendix. B).

Ongoing demolition activities in structurally damaged buildings are covered under an Emergency Declaration issued for the Project, which includes an. exemption from the normal requirements involving the investigation and abatement of ACM. If, in the future, contractors working on the WTC site become involved in renovation work in damaged buildings adjacent to • the site, it is their responsibility to contact the NYCDEP's Bureau of Environmental Compliance regarding applicable rules and regulations for asbestos abatement activities.

2.5.1 On, Above, Within, or Under Rubble Piles

Until a negative exposure assessment is made, Prime Contractors/subcontractors shall assume workers located on, above, within, or under rubble piles are exposed to asbestos in excess of the Federal OSHA permissible exposure limit (PEL} of 0.1 fibers per cubic centimeter as an eight hour time weighted average (iWA), and/or Excursion Limit of 1 fiber per cc for 30 minute sample. Where a negative exposure assessment has not been made or where exposure to asbestos. is greater than the PEL or Excursion Limit, the following shall be included, as a minimum, in the Prime Contractor's/subcontractor's ES&H program:

• Designate area on, above, within, or under rubble piles as controlled areas • Engineering and work practice controls designed to control asbestos exposure • Personal air monitoring • Respiratory protection (including written respiratory protection program) • Hygiene facilities and practices • Training • Housekeeping • Medical surveillance

In the event a negative exposure assessment is made through the exposure monitoring program discussed in Section 2.4, the DDC ES&H Director shall be notified within 24 hours of such a determination. After a negative exposure assessment bas been made, whenever there is a change of equipment, process, control, personnel or a new task has been initiated that may result in an increased exposure to asbestos, the employer shall conduct additional monitoring to reevaluate asbestos exposure.

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