Staff list for infrastructure paper preparation

NYC 9/11 Public Portal Document

The evidence provided herein now proves that both EPA and NYC deliberately concealed, altered, falsified, and deleted data showing asbestos levels that both EPA and NYC declared unsafe. By this memorandum, I am requesting that the EPA IG investigate EPA's role in this concealment and falsification as it would affect a reversal of the 8/21/03 IG findings, proving EPA's deliberate indifference for public safety after 9/11. In its 8/21/03 investigation, the EPA IG never addressed either the data in question or EPA's concealment and falsification of same.

EPA and NYC definition ofhazardous levels ofasbestos after WTC collapse The definition of "hazardous levels of asbestos" is that declared by EPA itself in the aftermath of the WTC. This level is 70 structures per square centimeter (70 s/mm^) for asbestos in air as measured by transmission electron microscopy (TEM). NYC also verified their adherence to this same 70 s/mm^ standard. Jessica Leighton, NYC Dept, of Health Assistant Commissioner, testified to this fact on 11/27/01.^ (As noted in my 12/19/01 and following memoranda and reports,’ and as confirmed in the 8/21/03 IG report, the level of 70 s/mm^ is not an EPA safety standard, and too high to protect human health.)

Contents of this report The concealment, deletions, and alteration of 9/11 asbestos data by NYC is discussed first. NYC provided an original version of its air asbestos data around 11/13/01 to the state of New York, but not to the public. NYC finally released the data to the public on its internet site in - early 2002. The 2002 version of the data, however, deleted altogether or changed to "not detected" high asbestos levels.

This is followed by a discussion of EPA's concealment of the NYC data, in knowing disregard for the truth and the safety of the public. The next section contrasts EPA's response to the WTC collapse to a July, 2004 event where the Washington DC Senate building was evacuated after a much less severe asbestos release. Finally, documentation is given that even in the absence of any air testing data, EPA has a regulatory presumption there will be hazardous asbestos levels when any building is demolished by an implosion with subsequent fire. The EPA explicitly states that when the military uses buildings for target practice and a fire will ensue, then the EPA regulations take effect because of the presumed hazardous releases of asbestos. This submission supplements my 7/4/03 report to the IG: "...A DOCUMENTARY BASIS FOR LITIGATION." * At the time I prepared my 7/4/03 report, I was unaware of the fact that NYC had two different versions of its air monitoring data. It was only by chance that I noticed the discrepancies between the two versions.

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