Congressional committee letterhead, Jan 2002

NYC 9/11 Public Portal Document

JUDICIARY COMMITTEE suecoMMirrecs: JERROLD NADLER 8th District, NEW York RANKING MEMBER CONSTITUTION COMmChQAU ano REPLY TO; AOMlNISTHATlve LAW □ WASHINGTON OPFICE: 2334 RAYBURN HOUSE OFFICE BUiLOlNQ TRANSPORTATION AND Washington, oczosis INFRASTRUCTURE COMMITTEE IZOZI 225-6635 SUBCOMMITTEES; Highways ano transit CangresS of tije ©nitrii States □ DISTRICT omCE; 201 Vari OK STREET SUITE 889 RAILROADS ^oufic of NEW YORK, NY 10014 iZIZ) 387-7350 regional whip a DISTRICT OFFICE: OTasffiington, 3BC 20515 445 NEPTUNE AVENUE March 14, 2002 COMMUNITY ROOM 2C BBOOKLYN, NY112Z4 171BI 373-3138 Christine Todd Whitman E-mail: jerreld.nadlnr(i^mall,nou8e.r]ov Adtninistratnr Web: hnp:/Avww.hoU80.aow/n<JdIer/

Environmental Protection Agency 1200 Pennsylvania Avenue NW Washington, DC 20460

Dear Administrator Whitman:

It has been brought to my attention that on March 18,2002, the City of New York is preparing to return hundreds of vehicles from the World Trade Center to their owners that are presently stored, and/or disposed of at the Fresh Kills landfill in Staten Island, NY. A recent New York Daily News article, which I have enclosed for your review, documented that these vehicles arc contaminated with dust from the World Trade Center, and that tests on some of the cars show dangerous levels of asbestos. Remediation of these vehicles will be incumbent on the owners and insurance companies, and the only guidance from die government is a “tip sheet” from New York City Department of Health (NYC DOH) telling people how to remove asbestos-laden dust.

Requiring average citizens to dean their own cars of asbestos, and possibly other hazardous materials, is reckless and irresponsible, and presents a threat to public health. Therefore, I urge you to exercise your authority under the Resource Conservation and Recovery Act (RCRA) to prevent the return of these cars by New York City. As you know, 42 USC 6973(a) of the RCRA statute authorizes the EPA Adminijnrator to take action necessary, including die issuance of administrative orders, or filing suit in the appropriate district court, when hazardous waste presents an “imminent and substantial endangerment to health.”

Clearly, the burden should not be on the vehicle owners to make their cars safe, particularly when the remediation of hazardous materials and waste must be conducted by properly trained personnel and must follow all applicable government regulations. I respectfully request that you exercise your authority to:

1. File an emergency injunction, or follow the appropriate administrative procedures, to stop the return of these vehicles to their owners on March 18, 2002; and 2. Direct EPA’s On-Scene Coordinators to remediate the cars for hazardous waste contamination before returning them to their owners; or 3. Request that the Federal Emergency Management Agency (FEMA) reimburse people for these vehicles if EPA determines it is unable to remediate them, or that these cars cannot be safely operated.

I understand this request is time-sensitive, but I believe this action by the City of New York presents an “imminent and substantial” threat to the health of owners, passengers, or any other individual who may encounter these contaminated cars, and requires an immediate response. Thank you for your prompt attention to this matter.

co: Mayor Michael Bloomberg Governor George Pataki NYC Dept, of Health Commissioner Frieden NYC Depr. of Sanitation Commissioner Doherty

Enclosure

NYC-WTC_000150199