NYC-WTC_000153034

NYC 9/11 Public Portal Document

Date Key Statement

10-25-01 NYCDEP described benchmarks and guidelines used to evaluate environmental conditions in a letter to Lower Manhattan residents dated October 25. In regard to cleaning indoor spaces the letter stated: “If more than 1 percent asbestos was found and testing and cleaning was necessary, it had to be performed by certified personnel.” In addition, the statement indicated landlords should not reopen any building until a competent professional had properly inspected their building. The City’s Asbestos Abatement Program requires that building owners file a written notification with the NYCDEP for asbestos abatement projects that do not require plan or permit approval from the City’s Buildings Department. NYCDEP officials told us this notification applied to buildings owners who found more than 1 percent asbestos in bulk dust in their buildings (see Appendix Q for a copy of the instructions).

NYCDEP officials told us they did not conduct a certification program, nor did they have authority to conduct such a program, to determine the level of compliance with their instructions regarding the testing and cleaning of asbestos inside buildings, unless a complaint was made or an asbestos notification was filed with the City. Beginning in September 2001, they said they began visually inspecting the exteriors of over 1,000 buildings and identified 323 buildings with visible dust. NYCDEP documentation indicated that 101 of these 323 building exteriors were subsequently cleaned by the building owners. NYCDEP officials told us that the remaining owners stated they could not afford to clean their buildings, and these buildings were cleaned by NYCDEP with funding provided by FEMA

To determine the extent of indoor contamination in Lower Manhattan residences, the NYCDOH and ATSDR initiated an indoor air study in November 2001. The sampling phase was completed in December 2001, preliminary results were released to the public in February 2002, and the final report was issued by ATSDR in September 2002.

EPA’s Initial Response

An EPA Situation Report for September 27-29, 2001, noted that a projected future action was to “finalize sampling plan for residential buildings.” However, EPA’s Situation Report for September 30 contained the following entry regarding indoor contamination:

Residential sampling/reoccupation: On 9/30/01, EPA spoke to US Public Health Service and NYSDOH (New York State Department ofHealth) who have been discussing issue with NYCDOH NYC will not be requesting State or Federal assistance

DRAFT EXCERPTS - FOR REVIEW & DISCUSSION PURPOSES ONLY

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NYC-WTC_000153038