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DEP referral regarding 110 building inquiry, October 2002

Machine-extracted title · confidence 75%

DEP correspondence referring a public inquiry about 110 building to EPA for WTC air quality study information and reports.

NYC-WTC_000151711–000151724

Folder label: “WTC Inquiries/Correspondence/Complaints/Referrals

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NYC 9/11 Public Portal Document

1 AvaltronS, Robert From: Bader, Doreen Sent: Thursday, November 14, 2002 1:29 PM To: Avaltroni, Robert Cc: McCarthy, Anne; Hoffer, Mark Subject: RE: Email request on 110 Liberty Street

I also sent an email to the student and echoed your referral to EPA. Apparently, EPA told her that this report would not be available to the public until February 2003. Doreen From: Avaltroni, Robert To: Hoffer, Mark; Bader,Doreen Cc: McCarthy, Anne Subject: RE: Email request on 110 Liberty Street Date: Friday, November 08, 2002 10:20AM We responded to this on 10/29 and referred to EPA's website and Helpline. As per Krish Radhakrishnan, we do not have any results. —Original Message— From: Hoffer, Mark Sent: Wednesday, November 06, 2002 11:35 AM To: Bader, Doreen Cc: Avaltroni, Robert; McCarthy, Anne Subject: RE: Email request on 110 Liberty Street

I have no problem with sending the student the statistics on the clean-up (what was found and how much). Bob Avaltroni sh. be advised before this goes out. I would not send any subjective evaluation or critique of the clean-up work.

—Original Message— From: Bader,Doreen Sent: Wednesday, November 06, 2002 11:01 AM To: Hoffer, Mark Subject: Re: Email request on 110 Liberty Street Importance: High

The student responded to my email. It reads as follows: "I attend Drexel University for civil engineering. This is my fourth year and am currently doing a research project. I am simply looking for the results of the study the EPA did on 110 Liberty on the effectiveness of various clean-up efforts. I am looking for the analyses that were done. I hope you can help." I did ask her if she contacted EPA directly, since she mentions the federal agency. Please advise. Thank you, Doreen

From: Hoffer, Mark To: Bader,Doreen Subject: Re: Email request on 110 Liberty Street Date: Thursday, October 31,2002 2:29PM Priority: High Hi

What I meant was that in the world of FOIL, inter or intra-agency documents are generally exempt from public disclosure, with certain excptions. One such exception is "statistical or factual tabulations of data" (I think I remembered it right), which has always been construed to mean an agency should make available statistics or other strictly factual info, even if contained in an internal document. Thus, Mike Principe provides Riverkeeper with lots of final, verified water quality monitoring results (note the stress on "final, verified" - we are not obligated to disclose rough numbers in the nature of a draft, that are subject to verification).

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NYC-WTC_000151715

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NYC-WTC_000151715Source: NYC Law Department, mirrored locally

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