NYC-WTC_000195741

NYC 9/11 Public Portal Document

professional contractors.”^'* If, in fact, the dust is presumed to be “asbestos containing material,” its handling and removal is regulated under strict federal guidelines.'*^

Despite these facts, EPA Administrator Christine Todd Whitman defended her agency’s actions of directing people to the City DOH’s unsafe guidelines. In a February 22, 2002 letter to Congressman Jerrold Nadler (NY-08), Whitman wrote “In regard to your concern that the EPA guided residents to the New York City Health Department for direction on cleanup of homes, this was appropriate since traditionally, the health agencies make recommendations to the public on health-related matters.”^®

As was previously mentioned, the City did request an extremely limited indoor testing program be done by ATSDR. However, details about this program are still not known. In October, November, and December, New York City apartment were tested for hazardous materials, though the nature of those tests are unclear, and the full results will not be available until Spring 2002.“*’

Result of EPA Misdeeds: Inadequate Indoor Hazardous Materials Remediation and a Threat to Public Health

As a result of the EPA’s misleading statements about air quality and because it allowed the City of New York to handle matters related to indoor environments with no oversight, there has been inadequate hazardous materials testing and remediation inside residential and commercial buildings in Lower Manhattan - putting the public health at risk. A significant number of downtown buildings simply have not been tested or remediated for hazardous materials properly, or at all, in public and/or private areas. Congressman Jerrold Nadler’s District Office receives calls nearly every day from constituents reporting this fact, and it has been well documented in the press.'*’

^Jones, Charisse, “Anxieties Over Toxins Rise at Ground Zero,” U.S.A Todcy, February 7,2002. Odesey Capital Group III, L.P. d/b/a Cascade Apartments v. OSHA Review Commission and Secretary of Labor Bo 01-1030, 12/2001 U.S. App, Lexis 27797; where the OSHA Commission ruled that “an owner who fails to use specified testing methods to identify the presence of ACM fails to rebut the presumption that ACM is present in the building.” And United State v. Weintraub Nos. 99-1691 (L) 00-1368, 00-1385, 2001 U.S. App, Lexis 24921 (2d Cir Nov 19,2001) A jury found defendants guilty of criminal violations of the asbestos NESHAPS and EPA regulations for improper handling and removal of ACM and failure to notify the EPA and state agencies. ** Letter from Christine Todd Whitman (EPA Administrator) to Congressman Jerrold Nadler (NY-08), February 22,2002. New York City Department of Health Press Release, “NYC Department of Health Presents Findings From Indoor Air Samplings in Lower Manhattan,” February 8,2002. “Official Transcript,” EPA National Ombudsman First Investigative Hearing on World Trade Center Hazardous Waste Contamination,” February 23, 2002. Sec specifically testimony from downtown residents and business owners. Statement taken from Constituent Services Staff Members, Office of Congressman Jerrold Nadler (NY- 08)

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