NYC-WTC_000195741

NYC 9/11 Public Portal Document

In addition to directly withholding information, the EPA has also effectively withheld critical data by providing disparate documents in response to direct requests made by Congress and via the FOIA process. For instance, in response to a request for information made by Congressman Nadler on January 23^**, Ms. Whitman replied that “the City assumed responsibility for indoor testing and reoccupancy of building. However, in response to the previously mentioned FOIA request, documents indicated that the EPA did environmental assessments of at least some residential and commercial buildings (at the request of the Ground Zero Elected Officials Task Force), and that On- Scene Coordinators were working in lower Manhattan. Other discrepancies included information regarding the type of testing methods used to analyze dust samples in a downtown federal building (EPA's own building), and Department of Health recommendations for residents looking to reoccupy their homes.

Finally, the EPA has refused to participate in its own public accountability process. In order to further investigate the environmental conditions in New York City post 9/11, Congressman Nadler hosted two EPA Ombudsman hearings in the Spring of 2002. The Office of the EPA Ombudsman acts as an EPA watchdog, fielding complaints regarding the work of the EPA and making appropriate recommendations to the EPA Administrator. In the last four years, over one dozen National Ombudsman Investigative Hearings have been held, dealing with complaints regarding the EPA’s handling of hazardous waste and material. As a result of these previous hearings, the EPA has altered and reversed decisions, and agreed to perform more detailed environmental testing and remediation.

The situation at the Ombudsman hearings regarding Ground Zero proved to be wildly different than those of the past. EPA officials failed to attend the Ground Zero meetings—a first in the history of such hearings. “We’ve had Ombudsman hearings all over the country,” said Robert Martin, the EPA Ombudsman, “and never before have the government officials who’ve been involved in the testing and work refused to show up. think they haven’t shown up because they’ve got something to hide.”^'* In addition, the EPA has not yet responded to requests made by Robert Martin for information in the form of interrogatories and requests for the production of documents, thereby further hindering the information-gathering process.

No. 19; 1/29/86; Asbestos Proposed Mining Restrictions and Proposed Manufacturing, Importation and Processing Prohibitions. “ Letter from Christine Todd Whitman (EPA Administrator) to Congressman Jerrold Nadler (NY-08), February 22,2002. “ Cardwell, Diane, “Hearing Brings More Debate over Ground Zero Air Quality,” New York Times, February 24,2002.

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