NYC-WTC_000195741

NYC 9/11 Public Portal Document

According to the 0MB, “EPA’s first responders (On-Scene Coordinators or OSCs) fi-om all 10 regions have been actively involved with local. State, and Federal authorities in responding to threats of terrorism, EPA’s response to such threats is an extension of its existing hazardous materials response capability developed over more than 30 years as leader of the National Response System.”’’ The National Contingency Plan is the framework for the Nation^ Response System and establishes how it works.Thus, according to 0MB, EPA’s re^onse to an act of terrorism is carried out by On-Scene Coordinators under the NCP.”

EPA’s responsibilities in this regard are further supported by Presidential Decision Directive 62, which reiterates that the EPA is the lead agency for responding to the release of hazardous materials in a terrorist attack, and that the EPA has the specific responsibility to remediate inside buildings. On November 28, 2001, Administrator Christine Todd Whitman outlined the EPA’s role in counter terrorism activities before the Senate Appropriations Subcommittee on VA, HUD, and Independent Agencies. Administrator Whitman testified that “Under the provisions of PDD 62, signed by President Clinton in 1998, the EPA is assigned lead responsibility for cleaning up buildings and other sites contaminated by chemical or biological agents as a result of an act of terrorism. This responsibility draws on our decades of experience in cleaning up sites contaminated by toxins through prior practices or accidents.” (emphasis added).’®” Administrator Whitman went on to say that “This role is a natural fit for EPA’s on-scene coordinators, managers who are experienced in assessing contamination in structures,” and who “have considerable experience at sorting out hazards, quantifying risks, planning and implementing emergency cleanups, and coordinating among other agencies, state and local government, and the private sector.”’”'

This testimony was given to Congress over two months after the September 11”* terrorist attacks, at the same time EPA told elected officials and citizens that New York City had responsibility for indoor environments in Lower Manhattan. In fact, just two months ago. Administrator Whitman wrote “I believe that Congress and the Administration need to revisit the.issue of authority and responsibility for indoor environmental conditions in the wake of a terrorist attack. While tbft current nractice is tn vest responsibility in local and state government for indoor environmental conditions. perhaps this approach is not appropriate in the wake of an event lilfp Reptemher 1 This statement does not seem to comport with EPA’s responsibilities under the National Contingency Plan, the 0MB Annual Report to Congress, or PDD 62, as outlined by Administrator Whitman in testimony before Congress.

” U.S. Office of Management and Budget. Annual Report to Congress on Combating Terrorism. Washington, 2001. 108 p. ” U.S. EPA National Response System (http://www.epa.gov/oerrpage/superfund/programs/er/nrsO ” “EPA Anti-Terrorist Role Falls Primarily On Superfund Officials,” Inside EPA, September 19, 2001. Whitman, Christine Todd. Testimony before the U.S. Senate Appropriations Committee, Subcommittee on VA, HUD, and Independent Agencies, November 28,2001. Ibid. Whitman, Christine Todd. Letter to Congressman Jerrold Nadler transmitted via fax February 22, 2002.

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