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 Revision 0 15 October 2001

2.5.2 Outside of Rubble Piles

Some of the bulk dust samples taken from various locations within the WTC Complex have been found to be positive for asbestos. All settled dust located outside the perimeter of rubble piles shall be treated as asbestos containing material (ACM) until bulk sampling indicates that dust being cleaned is not asbestos containing(< 1% asbestos). Cleanup operations involving asbestos containing dust shall be conducted by workers using proper protective equipment and work practices (e.g., wet methods, dry sweeping prohibition, use of HEPA vacuums). Any site workers assigned to dust/asbestos cleanup work shall be trained in asbestos hazards and proper clean up procedures.

Prime Contractors/subcontractors shall comply with Federal OSHA asbestos standard 29 CFR 1926.1101 and applicable city and state training and licensing requirements.

2.6 LEAD

Steel and other building substrates have the potential to either contain lead, or be covered with •lead containing protective coatings. Workers performing operations such as, but not limited to, welding, torch cutting; torch burning, etc., may potentially be exposed to lead in excess of the Federal OSHA PEL of 0.05 mg/m3 as an 8 hour TWA. Prime Contractors/subcontractors performing such operations shall comply with 29 CFR 1926.62. Until a negative exposure assessment is made, at a minimum, Prime Contractors/subcontractors shall provide the following:

• Designate area on, above, within, or under rubble piles as controlled areas • Engineering and work practice controls • Written lead compliance program • Respiratory protection (including a written respiratory protection program) • . Protective work clothing and equipment • Proper housekeeping practices • Hygiene facilities and practices • Medical surveillance per the requirements of 29 CFR 1926.62 • Employee training • Waste handling procedures

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 an assessment. Whenever there is a change of equipment, process, control, personnel, or a new task has been initiated that may result in employees being exposed to lead above the action level or PEL, the employer shall conduct additiomd monitoring as required by 29 CFR 1926.62.

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