EPA comments on 125 Cedar press release and policy, Dec

NYC 9/11 Public Portal Document

Avaltroni, Robert From: Callahan. Kathy@epamail .epa.gov Sent: Monday, December 09, 2002 4:13 PM To: Avaltroni, Robert Subject: Re: Cancellation Policy and Edelman draft

125 Cedar.doc

Bob,

First, the press release on 125 cedar is quite good. Real progress indeed, with a fine quote from Assemblyman Silver. There are a few minor edits I'd like to suggest and will have Bonnie Bellow or Mary Mears get in touch with Edelman to note them (for example, while EPA was integrally involved in overseeing the work with DEP, defining the scope for the analytical sampling put in the contract, reviewing the sample results, working with the laboratories to correct and advise DEP sampling results versus benchmarks which enabled the building reoccupancy to begin, EPA did not "test"(- minor wording-easily corrected.) Second, on the retroactivity of the cancellation policy, I will discuss with my staff what it will take to track these situations down. While I am surprised that you did not acknowledge the concerns I raised regarding retroactive implementation, you share FEMA's concern clearly. I will let you know our options on dealing with the issue as soon as possible. Finally, though, I do not understand your comments that retroactively applying the cancellation policy will help us "as discussed...bring the program to conclusion." The cancellation policy does not impede our progress. The cancellation policy now in place reduces the timeframes of delay to minor. Since August 22 EPA has overseen the cleaning and testing of 800 apartments and the testing of 250 . We have focused our efforts on residents who have requested cleaning and/or testing in buildings where there was no request made to have the building's Heating Ventilation Air Conditions systems evaluated and cleaned as necessary or common spaces. But since the project monitors subcontractors began the inspection and evaluations of HVACs, EPA and DEP have spent weeks discussing how to move ahead on clearing HVAC systems so that work in residential units may progress. We've had an additional HVAC expert from DEP go out in the field, we've discussed a number of possible refinements to the checklist, we are now are pushing to get building owners to submit documentation of what they have done. Yet we still do not have a firm plan on how we will move ahead. We are reaching a standstill on work in Quadrant D, where Battery Park City is located along with other buildings, and we are impeded in other quadrants. In fact there is confusion among agencies. FEMA has expressed its opinionthat "UUr (EPA and FEIi/IA) existing intragency agreement does not authorize the EPA to perform any work in conjunction with HVAC systems. We are looking to NYC DEP to take the lead in evaluating needs relating to HVAC systems in residential buildings through our Public Assistance Program. Please continue to coordinate through DEP and plan your work accordingly." This runs counter to the expectations that EPA has regarding our cooperative implementation of the cleanup program. To date the clear expectation has been that EPA's staff would oversee the HVAC evaluation and cleanup activities, as conducted by NYC contractors. Clearing up the uncertainties with the HVAC issue is the major impediment to moving this program to conclusion. 1

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