Agenda for a Joint Task Force on Air Quality meeting regarding FEMA funding requests and agency operational involvement.
NYC-WTC_000153870–000153872Folder label: “WORLD TRADE CENTER - JOINT TASK FORCE ON AIR QUALITY”
OCR status: ok · source: pdftotext
NYC 9/11 Public Portal Document
1^^ MEMORANDUM
Department of Environmental PRIVILEGED AND CONFIDENTIAL Protection S9-17 Junction Boulevard TO: Russ Pecunies Corona, New York 11368-5107 FROM: Mark D. Hoffer
DATE: 3/11/02 Joel A. Miele Sr., P.E. Commissioner RE: Downtown Building Owners - Results of Testing
Mark D. Hoffer Diana Chapin has advised me that several building owners General Counsel downtown have conducted their own tests of material on or in their Bureau of Legal buildings in the aftermath of September 11. It is possible that some of Affairs these tests reflect the presence of asbestos as a result of the collapse of the Tel (718) 595-6555 World Trade Center (WTC) towers. Fax (718) 595-6543 www.cl.nyc.ny.us/dep Apparently some of these owners have refused to share their test results with DEP. Diana wants to know whether we can compel production of the test results, so that agency personnel can determine whether or not there are actions the owners or others should be taking under law to protect public health and safety.
I would like you to look at this issue as soon as possible and let me know your conclusions. My own preliminary take, based on a quick review of relevant laws, is that we do have authority to compel production of the test results, based on the following:
1. Air Code. The first potential source of authority I looked at is the Air Code. I believe asbestos fibers would constitute “particulate matter” (Ad. Code 24-104(38)) because they are solid matter which is capable of becoming windblown (certainly, if the fibers are on the outside of a structure, exposed to the wind). The definition of an “air contaminant” (Ad. Code 24-104(1)) is “any particulate matter ... in the open air....”
The DEP Commissioner is authorized to make any investigation or study which in his or her opinion is desirable for the purpose of enforcing the Air Code or controlling or reducing the amount of any air contaminant .alYDEB, (Ad. Code 24-106). In furtherance of this end, he or she is authorized to “compel the production of books, papers and other things reasonably
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(718) OEP-HELP
NYC-WTC_000153870
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NYC-WTC_000152643
Memorandum discussing the need to compel downtown building owners to share their post-collapse asbestos test results.
6 shared non-person entities · 1 shared topics · Same agency, volume and box · similarity 0.998
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000150163
Internal memo draft addressed to the Commissioner regarding environmental compliance actions and correspondence drafts dated October 15, 2001.
3 shared non-person entities · 1 shared topics · similarity 0.944
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000164469
Correspondence regarding the use of Commissioner's Orders to gain access to buildings for asbestos testing and cleaning in Lower Manhattan.
2 shared non-person entities · similarity 0.942
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000142710
Draft Q&A explaining asbestos properties, health risks from airborne fibers, and exposure duration concerns.
5 shared non-person entities · 1 shared topics · similarity 0.941
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000148115
Frequently asked questions and updates regarding disaster assistance, road reopenings, and victim support funds issued in October 2001.
4 shared non-person entities · 1 shared topics · similarity 0.941
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000125845
Draft fact sheet from DOH and DEP addressing tenant concerns regarding asbestos fibers at 105 Duane Street.
6 shared non-person entities · 1 shared topics · similarity 0.940
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000144741
Standard administrative notice requiring the retention of original World Trade Center records as evidence for future legal actions.
3 shared non-person entities · similarity 0.940
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000149432
DEP asbestos project notification form and inspection report dated December 12, 2002.
7 shared non-person entities · similarity 0.938
machine-extracted · confidence unavailable · Check page ↗2 shared non-person entities · 1 shared topics · similarity 0.938
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000145345
Notice from NYC Law Department instructing staff to preserve World Trade Center documents for potential legal actions.
4 shared non-person entities · similarity 0.938
machine-extracted · confidence unavailable · Check page ↗NYC-WTC_000145510
Notice from NYC Law Department instructing staff to preserve World Trade Center documents for potential legal actions.
4 shared non-person entities · similarity 0.937
machine-extracted · confidence unavailable · Check page ↗2 shared non-person entities · similarity 0.936
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NYC-WTC_000153859
Newspaper article reporting on an environmental analysis of a shirt found at Ground Zero suggesting lower toxicity levels than previously believed.
Filed in the same folder
NYC-WTC_000153860
New York Post article reporting on an environmental analysis of a shirt found at Ground Zero suggesting lower toxicity levels than previously believed.
Filed in the same folder
Document outlining agency action items, deadlines for FEMA funding requests, and a meeting schedule for the World Trade Center Joint Task Force.
Filed in the same folder
NYC-WTC_000153873
Legal memorandum discussing the authority to compel downtown building owners to share asbestos test results from post-9/11 activities.
Filed in the same folder