Panel agenda for Air Quality After 9/11 conference, March 2004

NYC 9/11 Public Portal Document

assistance in the matter. The EPA Inspector General’s August 2003 report cites the following

“Situation Report”:

“Residential samplin^reoccupation: On 9/30/01, EPA spoke to US Public Health Service and NYSDOH (New York State Department of Health) who have been discussing issue with NYCDOH NYC will not be requesting State or Federal assistance for residential sampling or reoccupation issues. The Federal Response Plan assigns responsibility to the U.S. Public Health Service under ESF-8, Health and Medical Services, when state and local resources request Federal assistance for medical and public health assistance. ”

The Inspector General also reported that:

“In addition, correspondence from the Region 2 Administrator indicated that in an October 9, 2001, meeting between FEMA, EPA, and New York City officials. City officials stated that they would not be requesting EPA’s assistance for residential sampling or reoccupation issues. The September 30 report also indicated that New York City would not be requesting Federal assistance for cleaning roof debris. New York City officials disagreed with the characterizations of their statements presented in these documents and told us that they repeatedly expressed the position that the City welcomed any authorized federal assistance at that time.”

EPA’s evaluation of the situation has been severely criticized as to whether the agency had the

authority and an obligation to react to indoor contamination issues. The following information is

excerpted from the EPA Inspector General’s Report:

“EPA was criticized for not initially taking a greater role in indoor testing and cleaning. U.S. Congressman Jerald Naddler (D-NY), whose district includes Lower Manhattan, contended that EPA violated the law by allowing New York City to handle indoor air quality and not exercising oversight authority pursuant to the National Contingency Plan (NCP). EPA maintained that the NCP does not create a right to a Federal response and its approach to indoor air was a “proper and legal exercise of our discretion” under the NCP.”

“EPA does not have clear statutory authority to establish and enforce health-based regulatory standards for indoor air. EPA is provided the

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