NYC-WTC_000195741

NYC 9/11 Public Portal Document

Senator [Joseph] Lieberman: You're saying that every building was tested, every bulling had its indoor air tested before people were allowed to go back in?

Dr. Miele: That's the city regulation. That's correct, sir. [Interruption from audience.]

[Senator Lieberman questioned another witness for a moment.]

Senator [Hillary Rodham] Clinton: . . .we had some vocal audience member who responded when you said that's city regulation. Can you sit there today and tell us that every landlord and every building complied with the city regulations?

Dr. Miele: No, I can't tell you that. But the reason for the that, in large measure, has been the fact that we've let people back into buildings, that is to clean up the buildings, and then when we're comfortable that they've got the tests, let people back in. One of the things we did to try and facilitate it was to let people get back in when we were comfortable that they had cleaned up the buildings but before they had submitted the formal permit application to us and gotten the permits from us.’*

A September 22,2002 DOH press release confirms that while the City required that buildings be certified for issues such as "structural stability," jMl.sudux£tiiicatio»- v^ggjgquired for environmental safety?^ The only record of any enforcement of common space testing and remediation seen to date is a letter sent by DEP to building owners the day after the Senate hearing, requesting documentation of cleanup measures taken.” Moreover, that letter informed the landlords and property owners that they are only responsible for common or public areas of buildings.’* And, according to some experts, the type of testing that DEP instructed building owners and managers to use would not properly detect the hazardous materials.”

’’ Miele, Joel (Commissioner, NYC DEP) “Testimony before the United States Senate Subcommittee on Clean Air, Wetlands, and Climate Change,” February 11,2002. ” New York City Department of Health Press Release, "NYC Health Department Distrubutes Health Recommendations for Residntial and Commercial Reoccupation," September 22,2001. ” Letter from R. Radhakrishman (P.E., Director of NYC DEP’s Asbestos Control Program) to Building Owners, February 12,2002. Ibid. Also, see AHERA 40 CFR 763 Appendix C to subpart E Asbestos Model Accreditation Plan. Under the regulations, public and commercial building is defmed as; the interior space of any building which is not a school building.. ..The term includes, but is not limited to: industrial and office buildings, residential apartment buildings ^d condominiums of 10 or more dwelling units, government owned buildings, colleges, museums, airports, hospitals, churches, preschools, stores, warehouses and factories. Interior space includes exterior hallways cormecting buildings, porticos and mechanical systems used to condition interior space. ” Jenkins, Cate, (Ph.D., Environmental Scientist WIB, HWID, Office of Solid Waste, U.S. EPA) “Memorandum, December 19, 2001” See also Jenkins, Cate, (Ph.D., Environmental Scientist WIB,

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