News article on WTC air quality study, March 2007

NYC 9/11 Public Portal Document

SUMMARY OF MEETING NOTES MARK’S RECOLLECTIONS: Meeting of Legal Subcommittee, Joint Task Force on Air Quality in Lower Manhattan - Wed. 3/20/02

J Miller - good deal of data collected and sent to DEP voluntarily; a database will be created showing where testing was done. M Hoffer - describes DEP powers under Spill Bill to compel production of test results W Lopez - DOH can issue subpoenas for testimony, documents on any matter before DOH H Shultz - we have similar powers at HPD re residential properties J Miller - but can we compel testing? W Lopez - Outside of a building - nexus to public health is clear; private space inside is trickier

- commercial space - cd justify under worker safety - private apartment - less easy to do

H Shultz - whatever statue we go under, we need to determine that a health threat or risk exists J Miller - there is a contaminants of concern working group developing that - chaired by EPA - developing list of contaminants of concern, which may include fibrous glass, silica. EPA will give us approp. contaminant levels.

Thinks the default standard will be “what was the state of facts” on 9/11.

E Pelegrino - surprised by difficulty/time needed in establishing relevant standards for contaminants; there are standards that can be applied; e.g. OSHA standards; auto mfr’s standards (fibrous glass used to make cars) J Miller - workplace standards may not be approp. here - workplace standards are temporary (8 hr exposure) and there’s no children present (here, with private dwellings, you’re dealing with full time occupancy and the potential presence of children) T Lieber - there may be different standards that attach to - investigation - release or threat of release - clean up - threat caused by a release H Shultz - quite apart from setting an approp. standard, someone with expertise needs to be able to say that there’s a hazard - because we’ll need that to justify what we do W Lopez - we’ve been telling people everything is OK J Miller - as of November, 60% of landlords did not do the clean-up we recommended M Hoffer - how do we reconcile telling people they now have to do testing or clean-up, if we’ve been telling everyone things are OK [general consensus was - we told people everything is OK if you do X, Y and Z, including cleaning up in a certain way; if they didn’t do that, it’s not contradictoiy to now say - we’re directing that you X, Y and Z]

J Miller - does EPA have broader authority to order things because this is a federal disaster area? T Lieber - no federal indoor air statute; there may be some relevant authority under CERCLA

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