EPA response letter regarding WTC dust program, March 2003

NYC 9/11 Public Portal Document

who performed various construction tasks and building cleanup operations were found to be non­ detected for asbestos. For more specific information of the results of this sampling and the buildings sampled please see the attached addendum.

The sum of these sample results constitutes a large pool of historical data representing employee exposure to airborne asbestos dust and constitutes a Negative Exposure Assessment as defined by Section 29 CFR 1926.1101, paragraph (a). That assessment includes both the workers directly involved in the debris removal at the WTC site, as well as those exposed to heavy settled dust accumulations in buildings immediately bordering ground zero. Therefore, while the settled dust originating from the WTC collapse may contain asbestos exceeding 1 percent, the dust poses a very low risk to the workers who disturb it.

Once a negative exposure assessment for asbestos has been obtained pursuant to 29 CFR 1926.1101, then workers would not be required to use any protective clothing or respiratory protection. Therefore, based on this historical asbestos sampling data obtained at Ground Zero and the surrounding affected buildings, OSHA’s assessment for the EPA cleanup of residential apartments would not require workers to use any respiratory protection or protective clothing.

OSHA does not discourage the voluntary use of respiratory protection or other personal protective equipment that is provided to employees in the interest of worker safety and health. However, please remember that OSHA’s respiratory protection standard 29 CFR 1910.134 requires that employers may provide respirators at the request of employees or permit employees to use their own respirators if the employer determines that such respirator will not in itself create a hazard. If the employer determines that any voluntary respirator use is permissible, the employer shall provide the respirator users with the information contained in 29 CFR 1910.134 Appendix D. Please also remember that 29 CFR 1910.134 (e) medical evaluation and (f)/!t- testing, require that employees be medically evaluated and fit tested before using any respirator 1 other than a “dust mask” (filtering face piece). Employees who voluntarily use only a “dust I mask” or filtering face piece would not be required to be medically evaluated or fit-tested. Employers who voluntarily provide protective clothing for their workers should also be aware that protective clothing worn at elevated temperatures may create additional hazards such as heat stress / heat stroke. Workers using such clothing may need frequent breaks and plenty of fluids.

Should you require any additional information or need further clarifications, please feel free to contact me at (212) 337 - 2378.

Patricia K. Clark

Regional Administrator Region II

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