EPA status update on HVAC final reports and LeFreak buildings,

NYC 9/11 Public Portal Document

DEP certification of need for cleaning. Page 1 of 1

Avaltroni, Robert From: Levine, Michele [[email protected]] Sent: Monday, December 09, 2002 11:16 AM To: Kahn, Lawrence at LAWLAN Cc: Larson, Bud; Levy, David; [email protected] Subject: DEP certification of need for cleaning.

Larry:

Bud Larson suggested that we consult you regarding any potential liability to the City which may arise from a new policy that has been proposed by FEMA. Under this policy (detailed below), any City agencies desiring FEMA reimbursement for new cleaning/decontamination undertakings would need to get DEP's concurrence that the cleaning is necessary.

The 0MB taskforce called our attention to the possibility that this would expose the City to additional liability resulting either from the decision to decontaminate or not, or from the timing of any measures taken.

Would you please review this policy, and let me know if you have any specific concerns about it? Thank you.

Criteria [To be placed in next Public Assistance Program Guidance document and sent to applicants by either FEMA or NYC OMB/OEM]

If an eligible applicant identifies a facility that requires testing for contamination after the emergency work completion deadline of September 10, 2002, the following steps must be taken in order to be considered for FEMA

reimbursement :

1. The applicant must submit its test results and any analyses to the NYC Department of Environmental Protection

2. The DEP will (1) Review the results and analyses, (2) Consult with NYC's Dept, of Health if necessary, (3) Submit in writing to FEMA, under signature of Robert Alvatroni, Deputy Commissioner, its concurrence that contamination is present at a hazardous level, along with the test results, and provide a recommendation for remediation.

3. FEMA will review the applicant's request and DEP's recommendations. If FEMA finds the request and remediation recommendations reasonable and necessary, FEMA will grant an emergency work time extension and prepare a PW for the cost of testing and remediation.

Michele Mark Levine phone: (212)788-5804

fax: (212)788-6302

12/11/02

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