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Context of '(8:50 a.m. EST) September 11, 2001: EPA Dispatches On-Scene Coordinators to Ground Zero'

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With the passage of the Clean Water Act of 1972, the scope of the National Contingency Plan (NCP) is extended to cover hazardous substance releases in addition to oil spills. [Environmental Protection Agency, 12/23/2004] The NCP is a component of the US government’s National Response System, “a multi-layered system of individuals and teams from local, state, and federal agencies, industry, and other organizations that share expertise and resources to ensure that oil spill control and cleanup activities are timely and efficient” and that threats to human health and the environment are minimized. [Environmental Protection Agency, 4/19/2004] When in effect, the plan is administered by the EPA, which is required by law to follow specific procedures and guidelines, including designating an “On-Scene Coordinator” (OSC), who is responsible for directing response efforts and coordinating all other efforts at the scene of a discharge or release. In the event that the EPA delegates any tasks to state or local authorities, the EPA is responsible for ensuring that the response is in accordance with EPA standards. [US Code, Vol. 40, sec. 300; Jenkins, 7/4/2003 pdf file]

Timeline Tags: Environmental Impact of 9/11

The EPA designates 232 homes and businesses in Lorain County, Ohio as Superfund sites. The buildings had been illegally sprayed with the pesticide methyl parathion by an exterminator. [Environmental Protection Agency, Region 5, 9/30/1999 pdf file] The cleanup is performed by the EPA in collaboration with other federal agencies. “Many of the homes had to have wallboard, carpeting, and baseboards removed when repeated surface cleaning failed to remove trace amounts of methyl parathion,” a report in Environmental Health Perspectives explains. “Residents had to be temporarily relocated, personal items replaced, and transportation to schools and workplaces provided.” [Rubin et al., 12/2002] The cleanup cost taxpayers more than $20 million. [Environmental Protection Agency, Region 5, 9/30/1999 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA and the Agency for Toxic Substances and Disease Registry (ATSDR) discover more than 1,100 homes in Jackson County, Mississippi that were sprayed with methyl parathion illegally by Reuben Brown, an unlicensed exterminator. The EPA designates the homes as Superfund sites and oversees a $50 million cleanup. More than 1,600 people will be relocated during the cleanup. [Environmental Protection Agency, 9/11/1998; Rubin et al., 12/2002; Jenkins, 7/4/2003 pdf file]

Entity Tags: Environmental Protection Agency, Reuben Brown, Agency for Toxic Substances and Disease Registry (ATSDR)

Timeline Tags: Environmental Impact of 9/11

The EPA designates more than 98 homes in the Chicago area as a Superfund site. The homes had been illegally sprayed with the pesticide methyl parathion by Reuben Brown, an unlicensed exterminator. The homes are decontaminated at a cost of around $7.5 million. [Environmental Protection Agency, Region 5, 9/30/1999 pdf file; Rubin et al., 12/2002; Jenkins, 7/4/2003 pdf file]

Entity Tags: Reuben Brown, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA begins removing asbestos from private homes in Libby, Montana where a nearby mining operation contaminated the surrounding area (see November 21, 1999). The EPA conducts the cleanup operation under the authority of the National Contingency Plan (NCP) (see 1972). [Jenkins, 12/3/2001 pdf file; Jenkins, 1/11/2002 pdf file; Kupferman, 2003 pdf file; Environmental Protection Agency, 7/26/2004] In some cases, it will be necessary for the EPA to take extreme measures to ensure that asbestos levels in certain homes meet EPA standards. For example, the agency will have to completely demolish one home and rebuild it after the standard procedures of replacing carpets, upholstered furniture, and professional abatement fail to reduce the presence of asbestos to an acceptable level. [Jenkins, 7/4/2003 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The Environmental Protection Agency’s Region 2 office in Edison, NJ, dispatches three On-Scene Coordinators (OSCs) within minutes of the first plane crashing into the WTC Tower. [Environmental Protection Agency, 10/21/2001] The OSCs are job functions specific to the National Contingency Plan (NCP) and therefore indicate that the NCP is in effect and that the EPA is acting under its authority. The OSCs will be involved in the agency’s response to the disaster at least until October 2002. [Environmental Protection Agency National Ombudsman, 3/27/2002; Jenkins, 7/4/2003 pdf file] But the EPA will imply in later statements and documents that the NCP had not been put into effect after the attacks (see August 21, 2003).

Timeline Tags: Environmental Impact of 9/11

The White House’s Council on Environmental Quality (CEQ) dictates the content of EPA press releases to the EPA’s Public Information Officer in a series of emails. “100 percent of what CEQ added was added: 100 percent of what CEQ deleted was deleted,” an internal EPA investigation will later report. [Jenkins, 7/4/2003 pdf file]

Entity Tags: Council on Environmental Quality

Timeline Tags: Environmental Impact of 9/11

US Geological Survey (USGS) scientists begin performing tests on the dust samples collected by USGS geophysicists, Gregg Swayze and Todd Hoefen, during the previous three days (see September 17, 2001-September 19, 2001-). Roger Clark (the astrophysicist who heads the AVIRIS program at USGS), Gregg Swayze, Todd Hoefen and Eric Livo (another USGS scientist) analyze samples in the Imaging Spectroscopy Lab and Gregory Meeker (head of the USGS’s microbeam laboratory) views samples with the scanning electron microscope and conducts energy dispersive spectroscopy. Other USGS scientists study the samples using X-ray diffraction, X-ray fluorescence, as well as chemical analysis and chemical leach testing. Within hours, the results from the various tests indicate the presence of asbestos and an “alphabet soup of heavy metals.” Each of the different techniques used to determine the chemical components of the dust “back each other up,” Swayze later explains to the St. Louis Post-Dispatch. “Some techniques can see more than others, and we were throwing in every technique we had in house,” he says. Tests revealed the dust to be extremely alkaline with a pH of 12.1 (out of 14). [St. Louis Post-Dispatch, 2/10/2002] and that some of it was as caustic as liquid drain cleaner. [St. Louis Post-Dispatch, 2/10/2002] “We were startled at the pH level we were finding,” Swayze adds. “We knew that the cement dust was caustic, but we were getting pH readings of 12 and higher. It was obvious that precautions had to be taken to protect the workers and people returning to their homes from the dust.” Sam Vance, an environmental scientist with the EPA, sends the results to officials at the EPA, the New York health department and US Public Health Service. [St. Louis Post-Dispatch, 2/10/2002]

Entity Tags: Roger Clark, US Geological Service, Todd Hoefen, Steve Sutley, Joe Taggart, Eric Livo, Robert Green, Phil Hageman, Geoffrey Plumlee, Gregg Swayze, Gregory Meeker

Timeline Tags: Environmental Impact of 9/11

The decision to reopen Stuyvesant High School in Lower Manhattan is made based on tests of indoor air samples taken by the EPA. Two EPA “On Scene-Coordinators” (OSCs) (see (8:50 a.m. EST) September 11, 2001) are present at the meeting and participate in the decision-making. One of the OSCs is Charlie Fitzsimmons. [Environmental Protection Agency National Ombudsman, 3/27/2002]

Entity Tags: Charlie Fitzsimmons, Stuyvesant High School

Timeline Tags: Environmental Impact of 9/11

On October 9, students of Stuyvesant High School, an elite public school known for its rigorous math and science curriculum and ethnic diversity, return to class. [Associated Press, 10/19/2001; Associated Press, 10/26/2001] The two EPA On-Scene Coordinators (OSC) who took part in the decision to re-open the school (see October 5, 2001) are present for the re-opening. [Environmental Protection Agency National Ombudsman, 3/27/2002] The school is located four blocks north of the WTC site and is downwind from its smoke plume. It is also adjacent to where debris is being loaded from uncovered trucks—some 350 per day—onto barges around the clock. A week after re-opening the school, approximately 100 of the high school’s 3,200 students and teachers complain of respiratory difficulty, mysterious headaches, nausea, sore throats, and nosebleeds. Some students wear respirators to school to protect themselves. [Associated Press, 10/19/2001; Associated Press, 10/26/2001; New York Daily News, 11/1/2001; New York Daily News, 12/20/2001]

Entity Tags: Stuyvesant High School, Charlie Fitzsimmons

Timeline Tags: Environmental Impact of 9/11

The EPA will repeatedly claim that it does not have jurisdiction or oversight over indoor tests or cleanups of residences and businesses. Critics who disagree note that:
bullet The EPA’s response to the 9/11 attacks were coordinated under the authority of the National Contingency Plan (NCP) (see (8:50 a.m. EST) September 11, 2001), which requires that when the EPA delegates any tasks to state or local authorities, the agency ensures that their responses are in accordance with EPA standards (see 1972). Therefore, according to the NCP, the EPA does have jurisdiction over inside air.
bullet Shortly before the 9/11 attacks, the EPA commenced the abatement of homes in Libby, Montana where a nearby mining operation had contaminated the surrounding area (see (August 2001)). Libby asbestos remediation commenced under the authority of the National Contingency Plan (NCP). [Jenkins, 7/4/2003 pdf file] In Libby, the highest level of asbestos found in a home was 3,658 structures per square centimeter (s/cm [Chatfield and Kominsky, 10/12/2001 pdf file; MSNBC, 1/11/2002; Jenkins, 7/4/2003 pdf file] In December, the EPA will “fast-track” the Libby site to a place on the National Priorities List as a Superfund site after a request from Montana’s governor (see December 20, 2001). In New York, Governor Pataki will make no similar request for the areas affected by World Trade Center collapse. [Kupferman, 2003 pdf file; Jenkins, 7/4/2003 pdf file]
bullet The EPA is taking responsibility for the indoor environmental conditions at numerous contaminated sites across the US, including at Herculaneum, Missouri; McFarland, California; and Kellogg, Idaho. [Congressional Office of Representative Jerrold Nadler, 1/7/2002]
bullet The EPA has decontaminated more than 1400 homes and businesses in Illinois, Mississippi, and Ohio after the buildings were illegally sprayed with the pesticide methyl parathion (see January 1995) (see April 1997) (see November 1996).

Timeline Tags: Environmental Impact of 9/11

Walter Mugdan, the EPA’s regional counsel, disputes allegations (see November 15, 2001) that EPA employee Cate Jenkins recently made against the agency in a memo. Jenkins claimed that EPA officials “effectively waived” the EPA’s “strict national regulations for removal and disposal of asbestos contaminated dust.” Mugdan argues that Jenkins “assumes that they [the regulations] apply to the cleaning up of dust in residential or office buildings in Lower Manhattan.” According to him, “When they were written, they were never intended to apply to something like a terrorist act. These regulations apply to owners and operators of a facility who are carrying out a demolition or renovation. They were never contemplated to apply to someone cleaning an apartment.” [New York Daily News, 11/20/2001 pdf file; Congressional Office of Representative Jerrold Nadler, 1/7/2002] In response to Mugdan’s claim, Jenkins says, “This is not an academic or scientific argument. Our regulations are very specific. They don’t allow you to do this. We’ve had a breakdown where the federal EPA and the city are scrambling to get everything back to normal, and they’re ignoring the law.” [New York Daily News, 11/20/2001 pdf file] Mugdan’s assertions are contradicted by the fact that the EPA has recently removed asbestos from private homes in Libby, Montana and has tested for, and removed, other types of hazardous materials in other regions of the US (see After November 1, 2001). [Congressional Office of Representative Jerrold Nadler, 1/7/2002] Furthermore, in May 2000 (see May 2000), the EPA affirmed that in the event of a terrorist attack, the EPA would respond under the authority of the NCP (see 1972) —which binds the EPA to the very rules Mugdan’s claims would not apply.

Entity Tags: Walter Mugdan, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Environmental Protection Agency (EPA) Administrator Christie Todd Whitman, appearing before Congress, states: “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.” Her deputy, Linda Fisher, will repeat this to Congress a week later (see December 5, 2001). [US Congress, 4/12/2002]

Entity Tags: Christine Todd Whitman, Environmental Protection Agency, US Congress

Timeline Tags: Environmental Impact of 9/11

Montana Governor Judy Martz announces that she will use the Silver Bullet option to fast-track the designation of Libby, Montana (see (August 2001)) as an EPA Superfund site and put it on the National Priorities list. The designation makes Libby eligible for special funding from industry sources. [State of Montana, 12/20/2001; Kupferman, 2003 pdf file]

Entity Tags: Judy Martz

Timeline Tags: Environmental Impact of 9/11

Joe Martyak, spokesman for EPA in Administrator Christie Todd Whitman’s office, tells MSNBC that “indoor air is beyond EPA’s jurisdiction.” [MSNBC, 1/11/2002] Martyak’s assertion is contradicted by recent EPA activities and the agency’s obligations under the National Contingency Plan (NCP) (see After November 1, 2001).

Entity Tags: Environmental Protection Agency, Joe Martyak

Timeline Tags: Environmental Impact of 9/11

Bonnie Bellow, spokeswoman for the EPA’s region II office in New York tells the St. Louis Post-Dispatch that the EPA is not responsible for testing homes and businesses. “That’s not our job and we have no policies or procedures for doing that type of testing,” she claims. “We’ve never had to worry about asbestos in houses before.” [St. Louis Post-Dispatch, 1/13/2002; St. Louis Post-Dispatch, 1/14/2002] Bellow’s statement is contradicted by the EPA’s record and the agency’s obligations under the National Contingency Plan (NCP) (see After November 1, 2001).

Entity Tags: Bonnie Bellow, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

An unnamed EPA Region II spokeswoman is cited in the Downtown Express stating, “The EPA’s job was to monitor outdoor air. Monitoring indoors—that wasn’t our job. That’s what the city took care of.” This assertion is contradicted by the EPA’s record and the agency’s obligations under the National Contingency Plan (NCP) (see After November 1, 2001). According to the paper she adds that she felt the city had done a good job of testing and monitoring indoor air. [Downtown Express, 1/22/2002 pdf file; Office of US Congressman Jerrold Nadler, 4/12/2002 pdf file]

Timeline Tags: Environmental Impact of 9/11

Assistant Secretary for Occupational Safety and Health John L. Henshaw writes in a letter to Mr. Lowell Peterson of the law firm, Meyer, Suozzi, English and Klein, P.C., that since “materials containing asbestos were used in the construction of the Twin Towers, the settled dust from their collapse must be presumed to contain asbestos.” [US Department of Labor, 1/31/2005]

Entity Tags: John L. Henshaw, Lowell Peterson

Timeline Tags: Environmental Impact of 9/11

Doug Lair, the supervisor of EPA On Scene Coordinator Charlie Fitzsimmon, in a letter to EPA National Ombudsman Robert Martin, claims that Fitzsimmons spent only “two weeks in New York City in September” and that “he has minimal knowledge of the World Trade Center response activities conducted beyond the two weeks he spent there.” [Environmental Protection Agency National Ombudsman, 3/27/2002] This statement contradicts evidence that Fitzsimmons and another OSC were actually at the WTC site for a longer period of time (see October 5, 2001) (see October 9, 2001-October 19, 2001).

Entity Tags: Robert J. Martin, Charlie Fitzsimmons, Doug Lair

Timeline Tags: Environmental Impact of 9/11

The EPA’s National Ombudsman’s office publishes a report criticizing the EPA’s response to the contamination that was caused by the destruction of the World Trade Center. Robert J. Martin, the EPA National Ombudsman, finds that the “EPA has neither fully used its legal authorities nor its existing hazardous materials response capabilities as a leader of the National Response System to aid the victims of the terrorist attack….” [Environmental Protection Agency National Ombudsman, 3/27/2002]
Observations -
bullet The EPA “initiated the National Contingency Plan (NCP) by mobilizing EPA On-Scene Coordinators (OSCs) [from various locations in the US to work] in Lower Manhattan (see (8:50 a.m. EST) September 11, 2001) to sample indoor and outdoor air, dust and water to, among other things, determine the levels of contamination.”
bullet “[T]he United States Geological Survey (USGS) testified that the plume of contaminated dust from the attacks was highly caustic with pH readings at least as high as 12.1 (see September 20, 2001).”
bullet “The Director of the Occupational Safety and Health Administration, has concluded that all dust from the World Trade Center attack must be presumed to be asbestos containing material (ACM) (see January 31, 2002).”
bullet “During the last thirty years as a leader of the National Response System, EPA has used the National Contingency Plan as a framework to perform indoor air testing and remediation where there have been releases of hazardous material into homes, schools, and/or offices throughout the United States.”
Conclusions -
bullet “A clear reading of the definition of hazardous waste under the Resource Conservation and Recovery Act (RCRA), leads to the reasonable conclusion that all of the material, released from the attack may be a hazardous waste.”
bullet “[A]ny cleanup of this dust, should have been and must now be performed in Ml compliance with the OSHA regulations including but not limited to 29 CFR 1910 and 1926.”
bullet “The EPA is not being honest about the presence of EPA On Scene-Coordinators in New York (see October 5, 2001) (see October 9, 2001-October 19, 2001) (see March 11th, 2002).”
bullet “EPA has not fully discharged its duties under PDD (Presidential Directive) 62 (see November 28, 2001), the National Contingency Plan (NCP) (see 1972), and the 2001 OMB Annual Report to Congress on Combating Terrorism (see August 2001). EPA has abandoned its responsibilities for cleaning up buildings (both inside and out) that are contaminated, or that are being re-contaminated, as a result of the uncontrolled chemical releases from the World Trade Center terrorist attack.”
Recommendations -
bullet “EPA Region II should, pursuant to authorities under Presidential Directive PDD 62, and the National Contingency Plan (NCF) immediately clean the ducts and upgrade the ventilation systems to install high efficiency filtration at the Stuyvesant High School during spring break.”
bullet “EPA Region II should execute authorities under Presidential Directive PDB 62, the National Contingency Plan (NCP), and consistent with Administrator Whitman’s statement in Libby, Montana four days before the World Trade Center terrorist attack, issue legal guarantees to all building owners, building managers, local businesses, the New York City Board of Education, and condominium and coop owners to protect them from assuming the costs of cleanup from the terrorist attack on the World Trade Center.”
bullet “Consistent with Presidential Directive PDD 62, the National Contingency Plan (NCP), and Administrator Whitman’s statement in Libby, Montana four days before the World Trade Center terrorist attack, EPA Region II should cleanup all impacted buildings (interiors and exteriors) in conjunction with corresponding remediation at ‘ground zero.’”

Entity Tags: Environmental Protection Agency, Robert J. Martin

Timeline Tags: Environmental Impact of 9/11

The EPA Office of Inspector General (OIG) completes an interim report on the EPA’s response to the environmental disaster ensuing from the collapse and burning of the World Trade Center towers. [BNA Daily Environment Report, 3/20/2003] The EPA OIG’s final report will be released in August 2003 (see August 21, 2003).

Entity Tags: Office of the Inspector General (EPA)

Timeline Tags: Environmental Impact of 9/11

The EPA Office of Inspector General (OIG) releases its investigative report on the EPA’s response to the environmental consequences resulting from the collapse and burning of the World Trade Center towers. [BNA Daily Environment Report, 3/20/2003; Environmental Protection Agency, 8/21/2003 pdf file] The report, titled, “EPA’s Response to the World Trade Center Disaster Collapse: Challenges, Successes, and Areas for Improvement,” concludes:
bullet The agency did not have sufficient data to support its claim that air in Lower Manhattan following September 11 was “safe to breathe” (see January 5, 2006).
bullet The White House Council on Environmental Quality (CEQ) “heavily influenced” the EPA’s press releases, minimizing the risk to public health. Selected emails analyzed by OIG “indicated that CEQ dictated the content of early press releases” (see (September 12, 2001-December 31, 2001)).
bullet The EPA does not have an adequate system for reviewing and approving the content of EPA press releases.
bullet The EPA misled the public by failing to acknowledge that “health standards do not exist” for the cumulative simultaneous impact of exposure to more than one toxin and that the synergistic effects resulting from these combinations are not well-understood.
bullet The EPA Region 2 incorrectly applied AHERA and NESHAP asbestos standards as safety benchmarks when in fact these referred to the detection limits of certain testing methods (see (September 12, 2001)).
bullet The EPA failed to consider the short-term impacts of acute exposure to various toxins.
bullet The EPA lacked sufficient data on 10 of the 14 “pollutants of concern” identified by scientists as possible components of the WTC dust and debris.
bullet The EPA based its assessments on a risk standard of 1-in-10,000 for only some of carcinogenic pollutants thought to be contained in the clouds instead of the 1-in-1,000,000 acceptable-risk standard. It also ignored the agency’s traditional reliance on the 1-in-100,000 level, which usually triggers corrective action.
bullet The OIG determined there is “no evidence that EPA attempted to conceal data results from the public.” However, EPA scientist Cate Jenkins provides evidence the EPA and the City of New York DEP did in fact alter and in effect, conceal data results (see July 15, 2004).
bullet The OIG finds that the EPA should have implemented the National Contingency Program (see 1972), which would have given EPA jurisdiction over other government agencies and control over the issue of indoor air contamination. Critics of this report will argue that the EPA had in fact implemented the NCP immediately after the attacks (see After November 1, 2001).

Entity Tags: Council on Environmental Quality, Office of the Inspector General (EPA), Cate Jenkins, PhD.

Timeline Tags: Environmental Impact of 9/11

Cate Jenkins, a senior chemist in the EPA’s Hazardous Waste Identification Division, releases a memorandum arguing that “both EPA and NYC deliberately concealed, altered, falsified, and deleted data showing asbestos levels that both EPA and NYC declared unsafe.” [Environmental Protection Agency, 7/15/2004 pdf file]

Entity Tags: Cate Jenkins, PhD.

Timeline Tags: Environmental Impact of 9/11

James Zadroga, a detective who worked on the recovery effort at Ground Zero following the collapse of the World Trade Center towers, dies. Zadroga was 34. According to the first report into his death, by the Ocean County medical examiner, Zadroga dies from a “history of exposure to toxic fumes and dusts.” This is apparently the first death following a long-term illness related to work at the WTC site. [New York Times, 4/12/2006]

Entity Tags: James Zadroga

Timeline Tags: Environmental Impact of 9/11

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