NYC Health Commissioner letter to EPA Administrator on WTC air,

NYC 9/11 Public Portal Document

• Please provide all documentation of EPA advising residents that they should hire a certified asbestos cleanup contractor. • Please define what is meant by the term “minimal dust” and all documentation to support the definition. Please provide all documentation that lesidents and the public were notified of the definition of “minimal dust.” Please explain why there is a delineation between less than, or more than, minimal dust when, according to OSHA, as well as EPA, all of the dust must be “assumed to be asbestos-containing material?” • Your statement seems to suggest that the EPA condones allowing residents to assume the burden of testing and remediation. Is this correct? Does the EPA agree that the burden of testing and remediation should be placed on the residents, building managers, and/or property owners? • Under what federal statute or regulation does EPA have authority to delegate its responsiblities to control or remediate releases of hazardous materials following the September 11* 2001 attacks in New York? Under what federal statute or regulation is EPA relieved of its oversight responsibilities to ensure compliance with all public health and environmental statutes when it has delegated its responsibility to respond to the release of hazardous materials? Thank you for your prompt response to these questions and requests for information. I also respectfully request that either you, or someone from the EPA who has sufficient knowledge to address these issues, participate in the second EPA National Ombudsman Investigative Hearing scheduled for 1 l;30am, Monday, March 11* 2002 at the US Courthouse at 500 Pearl Street in New York City. A formal invitation has been issued by the Ombudsman’s office to EPA Region 11 officials in New York. I believe these matters could be addressed in a much more comprehensive and timely manner with EPA’s participation in this process.

I am dismayed that EPA Region II officials declined to attend the first EPA Ombudsman Investigative Hearing, and referred to it as “pure theater.” I hope this is not the official position of the EPA. It is my understanding that, until now, it has been standard operating procedure for EPA officials to attend and provide information at all EPA National Ombudsman Investigative Hearings. In fact, this would seem to be part of the status quo the EPA is required to adhere to by the Temporary Restraining Order (TRO) issued by Judge Richard W. Roberts. I urge you to comply with your normd practice, and ensure that EPA treats the New York hearings in the same manner as it has treated hearings in all other regions of the country. Failure to do so would seem to be in violation of the court order. The people of New York have a right to this information, and to these proceedings. As you are well aware, this is an urgent matter for the people who live and work in Lower Manhattan and who must live with the threat of hazardous waste contamination produced by the collapse of the World Trade Center. Thank you, again, for your pledge to assist the people of New York. I look forward to your prompt response. Sincerely,

Jerrold Nadler . Member of Congress !/ Enclosures

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