Letter re: EPA/DEP WTC dust cleanup at 114 Liberty Street,

NYC 9/11 Public Portal Document

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on 9/13/01. The TEM test results are given on page 96 of Appendix K of the IG report. The results given in Table K-1 are not related to TEM testing, and are perhaps instead direct PCM tests, not TEM tests converted to PCM equivalents.

The second, and most important error, is the incorrect data in Table K-1 showing that some air levels at 290 Broadway on 9/13/01 were above safety levels. The levels from Table K-l were as follows;

Table K-1 of 16 report, p. 93. Incorrectly labeled by IG as being TEM analyses converted to PCM equivalents Date: 9/13/01 Units of fibers per cubic centimeter (f/cc) PCM equivalents from TEM Sample location Sample ID analysis __________________________________________ 0.0042 290 Broadway (Sth floor) 27490 less than 0.0043 290 Broadway (Lobby) 27491 less than 0.0041 290 Broadway (22nd floor N.) 27492 0.004 290 Broadway (22nd floor S.) 27493 0.013 290 Broadway (LL-1) 27494 0.0044 290 Broadway (LL-2) 27495

These values in the IG table are completely fictitious and false. I have the actual laboratory sheets from SciLabs as well as the report for all the sampling at 290 Broadway and field logs from the industrial hygiene firm Stratus Corp., who performed the analyses and took samples on behalf of the GSA. NY Enviro Law, S&B (formerly of Stratus), and SciLabs also have copies of the same data and can quickly confirm its authenticity.

The actual direct PCM analyses which should have been given in Table K-1 of the IG report showed no asbestos detected whatsoever for 11 out of 12 samples at 290 Broadway. The detection limit for these direct PCM analyses were all 0.001 free, which means that the levels were all below 0.001 free. For one sample, there was 0.001 free, which does not exceed the NYC guidelines.

The actual TEM analyses for 3 air samples taken on 9/13/01 at 290 Broadway also showed no asbestos detected, with a detection limit of0.0039 s/cc. Note that TEM air analyses will always show larger concentrations of asbestos fibers than PCM (or PCM equivalent) measurements, since TEM includes not only the larger asbestos fibers, but also those which are smaller and believed by EPA to have no carcinogenic risk.

EPA Region 2 has a history of falsifying claims about the test methods as well as the results for its building at 290 Broadway. A letter dated 2Z22/02 from Administrator Whitman to Congressman Nadler claims that no TEM testing of dust was ever performed at 290 Broadway, claiming that only PLM testing was performed, which is false. This was an attempt by Region 2 to obfuscate the fact that more sophisticated testing was available for the Region 2 building than offered to the general public in Manhattan after the WTC. This falsification by Region 2 which was incorporated into Whitman’s 2/22/02 letter (excerpted in my 3/11/02 memorandum) is given below. Note that Region 2 was giving yet another false value for the air measurements than is given in Table K-1 of the IG report, but this time the level was only as high as 0.0133 free EPA did not set a more stringent standard of cleanup for these federal buildings, and the lobby cleanup was consistent with the New York City Department of Health advisory.... As outlined In the enclosure, EPA collected seven air samples at 26 Federal Plaza and six air samples at 290 Broadway, and found results below levels of concern.

290 Broadway: Six air samples were collected at the 290 Broadway (Sth, 22*. LL-1. LL-2 and Lobby). The asbestos concentrations ranged from non-detect to 0.0133 fibers/cc (LL-1).

Methodology. Air samples were analyzed by TEM EPA 40CFR763 AHERA. Dust samples were analyzed by PLM - EPA-600 R-93/116.

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