Law firm transmittal cover sheet to EPA, June 2002

NYC 9/11 Public Portal Document

Culivlrnt’Ui GesTner, re. Kathy Callahan June 20, 2002 Page 2

You advised us that the DEP had determined that they will do a specific scope of work for 125 Cedar, and will bid it out separately from the contracts for the Scope A and Scope B cleaning. Although the scope of work has not yet been drafted, it is still your expectation that the actual cleaning will start in late July and be completed in late August. In order to draft a site specific scope of work, you stated that there would be a walk though of the building, attended by representatives of both DEP and EPA. You agreed to contact Pat Moore about the scheduling of that, with the expectation that at least she and Kyle Brooks would attend on behalf of the tenants. You also confirmed that we would be shown the draft scope of work and be given an opportunity to comment on it before it goes out for bid. We then raised questions about the nature of the cleanup. You confirmed that the cleanup will be an asbestos remediation, with clearance testing to the health based standard. You further agreed that there would be wipe tests before the cleaning begins for ten metals including mercury. You stated that the results of those tests, and the nature of the mercury found, if any, would determine whether the cleanup would include special protocols addressed to removing mercury. In response to our questions about dioxin, you agreed to talk with your consultants about whether it was appropriate to pre-test for dioxin. You indicated that if you pretested for dioxin and the results were positive, then you would consider whether particular cleaning techniques were called for. You also advised us that you could not commit to the standards to be employed in the final testing until your study is complete. You further agreed to consider including in the scope of work an option that the contractor perform special cleaning for dioxin and mercury so that, if it is indicated, it would not be necessary to re-bid that portion of the job. We also discussed the mold problem in the building. We explained that there is visible mold in apartments 3N and 4N, and we are concerned that there may be mold elsewhere as well. You agreed to have the mold experts from the Department of

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