NYC-WTC_000195741

NYC 9/11 Public Portal Document

While it is not clear what discretion EPA has to delegate response efforts under PDD 62, the EPA may delegate response efforts under the NCP. However, the EPA retains oversight of all response actions, and all such decisions must be made through the organizational structure of the NCP.'”^ Therefore, any actions taken by any agency in response to the release of hazardous substances produced by the collapse of the World Trade Center fall under EPA oversight, y the City takes the lead on indoor air, the EPA is no^plieverLof its responsibility in this regard. In fact, according to EPA’s own website, “The procedure for determining the lead agency is clearly defined so there is no confusion about who is in charge during a response. The OSC determines the status of the local response and monitors the situation to determine whether, or how much, federal involvement is necessary. It is the OSC’s job to ensure that the cleanup, whether accomplished by industry, local, state, or federal officials, is appropriate, timely, and minimizes human and environmental damage.”*”^

Clearly, EPA should be operating in New York City pursuant to the National Contingency Plan and PDD 62, and those authorities must be carried out by On-Scene Coordinators. In evidence obtained through Freedom of Information Act (FOIA) request, and at EPA National Ombudsman Investigative Hearings, it appears that EPA did begin to implement the NCP by dispatching On-Scene Coordinators to New York City.*”® These OSCs were involved in sampling and assessments to determine the level of contamination in residential and commercial buildings and schools. However, Administrator Whitman and EPA officials have yet to answer formal inquiries on whether or not the EPA has implemented the NCP, and if so, to what extent.*”®

In documents obtained by the New York Environmental Law and Justice Project, pursuant to a FOIA request, it appears that EPA OSC’s did environmental assessments of at least some residential and commercial buildings at the request of the Ground Zero Elected Officials Task Force.*”’ The GZTF made the request on September 21,2001.*”’ According to the documents in the FOIA request, the EPA did assessments of some apartments in Lower Manhattan, Three World Financial Center, and schools in late September and early October.*”” yowever. the EPA never infnrmed anybody on the GZTF that this assessment was actually performed, or of the results of this assessment. It was only discovered through the FOIA request in late February, 2002.

'“40 CFR300 ‘“U.S. EPA National Response System: How the System Works, www.epa.gov/oerrpage/superfund/progj~ams/er/nrs/nrsworks.htm

Martin, Robert J. “Interim Finding: National Ombudsman World Trade Center Hazardous Waste Case” March 27,2002. Nadler, Jerrold. Letter to Administrator Whitman transmitted via fax March 7, 2002; Martin, Robert J. “Interim Finding: National Ombudsman World Trade Center Hazardous Waste Case” March 27,2002. '“EPA Region II Document (via FOIA request by the New York Environmental Law and Justice Project), “Preliminary Assessment of Residential & Public Buildings," October 3,2001. Ground Zero Elected Official Task Force, Memorandum #4, September 21,2001. '®’EPA Region II Document (via FOIA request by the New York Environmental Law and Justice Project) “Preliminary Assessment of Residential & Public Buildings,” October 3,2001.

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