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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 establishes the National Office of the Ombudsman under the Hazardous and Solid Waste Amendments to the Resource Conservation and Recovery Act (RCRA). The amendment says the function of the new office is “to receive individual complaints, grievances, and problems submitted by any person with respect to any program or requirement under the RCRA.” The Ombudsman has the authority to decide which complaints to investigate, conduct an independent investigation of a complaint, assist the person or group that makes the complaint, and make non-binding recommendations to the EPA based on the ombudsman’s findings. [General Accounting Office, 7/27/2001 pdf file; US Congress, 6/25/2002 Sources: Robert J. Martin]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA issues a final rule outlining new requirements for asbestos abatement projects. The rule notes that even at low concentrations, asbestos is not safe: “Available evidence supports the conclusion that there is no safe level of exposure to asbestos…. This conclusion is consistent with present theory of cancer etiology and is further supported by the many documented cases where low or short-term exposure has been shown to cause asbestos-related disease…. Most occupational studies have been conducted on populations exposed to high airborne concentrations of asbestos for long periods of time. However, short-term exposures have also been shown to increase the risk of lung cancer and mesothelioma. In addition, there are many documented cases of mesothelioma linked to extremely brief exposures to high concentrations….” [Environmental Protection Agency, 4/25/1986 pdf file; Jenkins, 6/9/2002 pdf file; Kupferman, 2003 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

A federal appeals court rules 2-1 in favor of Theodore Olson, the former head of the Justice Department’s Office of Legal Counsel, who has refused to comply with a subpoena issued as part of an independent counsel’s investigation into political interference at the Environmental Protection Agency (EPA). Olson’s position is that the independent counsel is illegal under the Constitution, as interpreted by the so-called “unitary executive theory” (see April 30, 1986). One of the appellate court judges, Carter appointee Ruth Bader Ginsberg, argues that the independent counsel law is perfectly constitutional, and fits with the Founding Fathers’ vision of a system of “checks and balances” among the three governmental branches. But Reagan appointees Laurence Silberman and Stephen Williams outvote Ginsberg. Silberman, who writes the majority opinion, is a longtime advocate of increased executive power, and calls the independent counsel law “inconsistent with the doctrine of a unitary executive.” The Supreme Court will strike down Silberman’s ruling (see June 1988), but the independent counsel will not bring charges against Olson. [Savage, 2007, pp. 46-49]

Entity Tags: Office of Legal Counsel (DOJ), Environmental Protection Agency, Laurence Silberman, Stephen Williams, Theodore (“Ted”) Olson, US Supreme Court, Ruth Bader Ginsberg

Timeline Tags: Civil Liberties

Congressional authorization of the EPA National Ombudsman office expires with the sunset of the Hazardous and Solid Waste Amendments (see November 24, 1984). [Environmental Protection Agency, 1/12/1999]

Timeline Tags: Environmental Impact of 9/11

The US Environmental Protection Agency (EPA) issues its Interim Asbestos NESHAP Enforcement Guidance on “Friable Asbestos,” which clarifies the definition and acceptable use of “asbestos-containing” materials. The National Emission Standards for Hazardous Air Pollutants (NESHAP), issued in 1973, defined “asbestos-containing materials,” or ACMs, as products that contain more than 1 percent asbestos by weight. Citing the original document, the guidance explains that NESHAP’s purpose was to “ban the use of materials which contain significant quantities of asbestos, but to allow the use of materials which would (1) contain trace amounts of asbestos that occur in numerous natural substances, and (2) include very small quantities of asbestos (less than 1 percent) added to enhance the material’s effectiveness.” However, the guidance stresses, the “EPA NESHAP definition of 1 percent by weight was not established to be a health-based standard.” [Stewart, 4/18/1989 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA issues a pamphlet answering common questions on the Asbestos NESHAP regulations (see April 18, 1989). One question asks: “Is there a numeric emission limit for the release of asbestos fibers during renovations or demolitions in the asbestos NESHAP regulation?” The EPA answers that although there is no numeric emission limit, NESHAP “does specify zero visible emissions to the outside air from activity relating to the transport and disposal of asbestos waste.” In other words, if any emissions are visible during transport or disposal, the level of asbestos is unsafe. [Environmental Protection Agency, 12/1990]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Following the expiration of Congressional authorization (see September 30, 1988) for the ombudsman office, the EPA decides to continue the program and expand the office’s jurisdiction to include similar functions within the Superfund division. [US Congress, 6/25/2002]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

1992: Federal Response Plan Becomes Law

The Federal Response Plan (FRP) is developed and becomes Public Law 93-288. The FRP provides “a process and structure for the systematic, coordinated, and effective delivery of Federal assistance to address the consequences of any major disaster or emergency declared under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.” The plan can be called into action by the president of the United States in times of emergency. Once invoked, the Federal Emergency Management Agency (FEMA) coordinates the efforts of any Emergency Support Functions (ESF) involved. In the event of a hazardous materials release, the EPA is charged with overseeing the federal government’s response. The Federal Response Team (FRT) and Regional Response Teams (RRTs) are charged with “carry[ing] out their duties and responsibilities as put forth in the NCP [National Oil and Hazardous Substances Pollution Contingency Plan] (see 1972) and agency implementing procedures.” [Federal Emergency Management Agency, 8/1997]

Timeline Tags: Environmental Impact of 9/11

October 18, 1992: EPA Hires Ombudsman

The EPA hires Robert J. Martin as the agency’s National Ombudsman (see November 24, 1984). [US Congress, 6/25/2002]

Entity Tags: Robert J. Martin, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

A study commissioned by the EPA, “Evaluation of Three Cleaning Methods for Removing Asbestos from Carpet,” finds that available methods of asbestos removal from carpets and upholstery are incapable of effectively removing the fibers. “The wet cleaning method reduced the level of asbestos contamination in the carpet by approximately 60 percent, whereas neither dry cleaning method had any notable effect on the asbestos level,” the report says. [Environmental Protection Agency, 1993; Jenkins, 7/4/2003 pdf file]

Timeline Tags: Environmental Impact of 9/11

The EPA explains in a document setting guidelines for the decontamination of demolition sites that the “site must be cleaned up to background levels of asbestos contamination.” (The term, “background level” refers to the typical asbestos level of non-contaminated soil in that area.) The EPA adds that in order to “clean up the site to background levels, it will probably be necessary to remove all the asbestos contaminated soil. The contaminated soil should be treated and disposed of as asbestos-containing waste material.” [Environmental Protection Agency, 6/29/1994; Jenkins, 3/11/2002 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA issues an advisory specifying the methodology that should be used to test for asbestos in air samples under the Asbestos Hazard Emergency Response Act (AHERA). The guidance recommends that transmission electron microscopy (TEM) be used rather than the older, less sensitive polarized light microscopy (PLM) method, which cannot detect ultrafine fibers below .25 micrometers. The advisory also states that when a PLM test is negative for asbestos, the sample should be retested using the TEM method. [Environmental Protection Agency, 8/1/1994]

Entity Tags: Environmental Protection Agency

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

Three days after the Seattle Post-Intelligencer reported on asbestos contamination of homes in Libby, Montana (see November 18, 1999), the EPA dispatches an emergency response team to conduct tests to determine the level of asbestos contamination. For decades, local, state and federal agencies had ignored the known hazards at the Libby mine. [Seattle Post-Intelligencer, 2/2/2000; Seattle Post-Intelligencer, 9/15/2000] Twenty-three of the 73 outdoor air samples the EPA team will take at various locations in Libby are found to contain elevated levels of tremolite—a type of asbestos that is extremely carcinogenic due to its needle-like and sharply pointed fibers which easily penetrate the lining of the lungs. [Seattle Post-Intelligencer, 2/2/2000] Random air sampling inside the homes of Libby residents reveals that 11 to 23 percent of the selected homes have detectable levels of asbestos. The average level of asbestos inside Libby homes is found to be 0.0024 fibers per milliliter (f/mL), which exceeds many times the EPA cancer risk level of 0.000004 f/mL. [Jenkins, 7/4/2003 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA issues a publication which states that in the event of a terrorist attack causing the release of hazardous substances, the EPA would respond under the authority of the NCP (see 1972). “The US Environmental Protection Agency (EPA) has statutory authorities and responsibilities to prepare for and respond to emergencies involving oil and hazardous substances, pollutants or contaminants, which include chemical, biological and radiological materials that could also be components of a weapon of mass destruction (WMD)…. EPA carries out its preparedness and response efforts primarily under the mandate of the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and the Radiological Response Program.” [Environmental Protection Agency, 5/2000 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The number of “cooperative research and development agreements” between the EPA and individual corporations or industry associations increases dramatically under the Bush administration. Under such agreements, companies help fund EPA research programs. But critics says these partnerships result in funds being diverted from public health and environmental research toward applied research that is shaped by the interests of corporate funders. In internal agency surveys, EPA scientists say that corporate involvement is influencing the agency’s research agenda. According to one EPA scientist, “Many of us in the labs feel like we work for contracts.” [PEER, 10/5/2005]

Entity Tags: Environmental Protection Agency

Timeline Tags: US Environmental Record

The EPA publishes a “Draft Guidance for the National Hazardous Waste Ombudsman and the Regional Superfund Ombudsmen Program,” which attempts to “clarify” the National Ombudsman’s function. [Environmental Protection Agency, 1/3/2001; US Congress, 6/25/2002] The current ombudsman, Robert Martin, argues that the guidelines are actually designed to limit the scope of the ombudsman’s authority, by placing the office under the authority of the head of Office of Solid Waste and Emergency Response (OSWER), an EPA division the ombudsman may investigate. [Washington Post, 11/29/2001]

Entity Tags: Environmental Protection Agency, Robert J. Martin

Timeline Tags: Environmental Impact of 9/11

NMA logo.NMA logo. [Source: Enumerate (.com)]Jack N. Gerard of the National Mining Association (NMA) meets with Andrew Lundquist, the executive director of the Cheney energy task force (the National Energy Policy Development Group—see May 16, 2001), and other staff members. Gerard wants the Bush administration to give the Energy Department the responsibility for promoting technology that would ease global warming, and more importantly, to keep the issue away from the Environmental Protection Agency (EPA), which could issue regulations on greenhouse gas emissions. Gerard and the NMA want voluntary, not mandatory, regulations. The task force adopts the NMA’s request in its policy. The names of the various officials, executives, lobbyists, and representatives who meet with the task force will not be released until 2007 (see July 18, 2007). [Washington Post, 7/18/2007]

Entity Tags: Environmental Protection Agency, Andrew Lundquist, Bush administration (43), Jack N. Gerard, National Energy Policy Development Group, US Department of Energy, National Mining Association, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record

An angry and embarrassed Christine Todd Whitman, the director of the Environmental Protection Agency (EPA), storms into a breakfast meeting with Treasury Secretary Paul O’Neill, waving a letter signed by four Republican senators—Chuck Hagel (R-NE), Larry Craig (R-ID), Jesse Helms (R-NC), and Pat Roberts (R-KS). The letter says that President Bush will soon withdraw the US from the Kyoto Accords (see March 27, 2001), even though Whitman has been telling the press Bush is committed to a “multipollutant” strategy of reducing CO2 and other emissions. Worse, Bush is going to renege on his promise to reduce C02 emissions (see September 29, 2000). O’Neill, who is until now unaware of the backchannel discussions about the administration’s environmental policy, is suspicious of the tone and language of the letter, which was faxed from Hagel’s office two days before. It sounds, he later writes, as if it came “right out of Dick Cheney’s mouth” (see March 1, 2001). O’Neill will later learn that Hagel and Cheney had been working for days to reverse Bush’s course on carbon dioxide caps, and in the process undermine Whitman (see March 8, 2001 and March 13, 2001). [Dubose and Bernstein, 2006, pp. 19-20]

Entity Tags: George W. Bush, Christine Todd Whitman, Chuck Hagel, Environmental Protection Agency, Larry Craig, Paul O’Neill, Richard (“Dick”) Cheney, Jesse Helms, Pat Roberts

Timeline Tags: US Environmental Record

Disturbed by President Bush’s impending reversal of his pledge to cap carbon dioxide emissions (see September 29, 2000), Environmental Protection Agency head Christine Todd Whitman meets with Bush to attempt to change his mind. But Bush cuts her off: “Christine, I’ve already made my decision.” He says he has written a letter to Senator Chuck Hagel (R-NE—see March 13, 2001). Notably, as Whitman is leaving the Oval Office, she sees Vice President Cheney pick up the letter to Hagel from a secretary (see March 8, 2001). That same day, Cheney meets with Hagel and then addresses the Senate Republican Conference, announcing to that body that the administration no longer supports carbon dioxide caps. Treasury Secretary Paul O’Neill later calls Cheney’s actions “a clean kill,” reminiscent of the bureaucratic manipulations Cheney had become so good at during the Nixon and Ford administrations. Authors Lou Dubose and Jake Bernstein sum up Cheney’s modus operandi: “No fingerprints. No accountability. Cheney collaborated with four senators who were working against White House policy, then persuaded the president to join them.” [Dubose and Bernstein, 2006, pp. 20]

Entity Tags: George W. Bush, Christine Todd Whitman, Chuck Hagel, Jake Bernstein, Environmental Protection Agency, Paul O’Neill, Lou Dubose, Richard (“Dick”) Cheney

Timeline Tags: US Environmental Record

The American Society of Civil Engineers (ASCE) submits written testimony to Congress, recommending that it reject certain budget cuts proposed by the Bush administration for the Environmental Protection Agency (EPA) and FEMA. The administration’s proposed $3.3 billion budget for drinking-water and wastewater infrastructure is “totally inadequate,” according to the ASCE. Over the next 20 years, America’s water and wastewater systems need to increase funding by an annual $23 billion, just to meet the existing national environmental and public health priorities in the Clean Water Act and Safe Drinking Water Act and to replace aging and failing infrastructure, the ASCE reports, noting that in it’s recently released 2001 Report Card for America’s Infrastructure, “the drinking water and wastewater categories each received a grade of D.” The ASCE also tells Congress to reject the Bush administration’s proposal to eliminate Project Impact, a $25 million model mitigation program created by the Clinton administration in 1997 (see February 27, 2001) (see October 14, 1997-2001). “Project Impact is a nationwide public-private partnership designed to help communities become more disaster resistant. These types of natural hazard mitigation efforts are precisely what Congress should be funding, in an effort to avoid paying the much higher price after a tornado, earthquake or hurricane hits a local community. ASCE recommends that Congress fully fund Project Impact at the fiscal year 2001 appropriated level of $25 million.” [American Society of Civil Engineers, 3/21/2001 pdf file]

Entity Tags: Federal Emergency Management Agency, American Society of Civil Engineers, Environmental Protection Agency, Bush administration (43), Project Impact

Timeline Tags: Hurricane Katrina

Senators John Breaux (R-LA) and James Inhofe (R-OK) send a letter to Vice President Dick Cheney asking him, in his capacity as chairman of the National Energy Policy Development Group, to order the suspension of the Environmental Protection Agency’s enforcement of the New Source Review (NSR) section of the Clean Air Act. The senators say utility companies are confused about NSR rules and that the EPA should clarify how it interprets new source reviews. They also asks Cheney to suspend current litigation efforts against several utility companies that were initiated under the Clinton administration (see November 3, 1999). The senators claim that the suits are undermining energy production. [Inhofe, 3/23/2001; Reuters, 3/30/2001]

Entity Tags: John Breaux, Richard (“Dick”) Cheney, James M. Inhofe

Timeline Tags: US Environmental Record

EPA administrator Christie Todd Whitman tells reporters that the Bush administration has “no interest in implementing” the Kyoto Protocol. [BBC, 3/28/2001; Associated Press, 3/28/2001; Environmental News Network, 3/28/2001; CBS News, 3/28/2001; CNN, 3/29/2001] The treaty would require 39 industrialized nations to cut emissions of six greenhouse gases—carbon dioxide (CO2), methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulphur hexafluoride—to an average of 5.2 percent below 1990 levels by the period 2008-2012. The US would be required to reduce its emissions by about 7 percent. The protocol will not go into effect until it has been ratified by countries that were responsible for at least 55 percent of the world’s carbon emissions in 1990. [BBC, 3/29/2001; BBC, 9/29/2001] The United States is the world’s largest polluter and therefore its refusal to support the treaty represents a significant setback. In 1990, the US was responsible for 36.1 percent of greenhouse emissions. [BBC, 6/4/2004] The Bush administration complains that the treaty would harm US economic interests and that it unfairly puts too much of the burden on industrialized nations while not seeking to limit pollution from developing nations. [BBC, 3/29/2001]

Entity Tags: Bush administration (43), Christine Todd Whitman

Timeline Tags: US Environmental Record, US International Relations, Global Warming

EPA administrator Christine Todd Whitman tells the Senate Environmental and Public Works Committee that she doesn’t know of any proposal to drop the government’s New Source Review (NSR)lawsuits against utility and energy companies. Her statement is in response to a question from Senator Hillary Clinton who noted that there were reports (see After January 22, 2001) of an internal White House debate over the suits. [US Congress, 5/15/2001, pp. 31-32 pdf file; Reuters, 5/15/2001] In 1999, the EPA had accused the companies of illegally releasing tens of millions of tons of sulfur dioxide and nitrogen oxide emissions in violation of the NSR section of the Clean Air Act (see November 3, 1999).

Entity Tags: Christine Todd Whitman, Hillary Clinton

Timeline Tags: US Environmental Record

National Energy Policy report.National Energy Policy report. [Source: Climate Change Technology Program]Vice President Cheney’s National Energy Policy Development Group releases its energy plan. The plan, titled Reliable, Affordable, and Environmentally Sound Energy for America’s Future, warns that the quantity of oil imported per day will need to rise more than fifty percent to 16.7 million barrels by 2020. “A significant disruption in world oil supplies could adversely affect our economy and our ability to promote key foreign and economic policy objectives, regardless of the level of US dependence on oil imports,” the report explains. To meet the US’s rising demand for oil, the plan calls for expanded oil and gas drilling on public land and the easing of regulatory barriers to building nuclear power plants. [US President, 5/16/2001, pp. 8.5 pdf file; Associated Press, 12/9/2002; Guardian, 1/23/2003]
Emphasis on Foreign Oil - The report places substantial emphasis on oil from the Persian Gulf region. Its chapter on “strengthening global alliances” states: “By any estimation, Middle East oil producers will remain central to world oil security. The Gulf will be a primary focus of US international energy policy.” [US President, 5/16/2001, pp. 8.5 pdf file] But it also suggests that the US cannot depend exclusively on traditional sources of supply to provide the growing amount of oil that it needs and will have to obtain substantial supplies from new sources, such as the Caspian states, Russia, Africa, and the Atlantic Basin. Additionally, it notes that the US cannot rely on market forces alone to gain access to these added supplies, but will also require a significant effort on the part of government officials to overcome foreign resistance to the outward reach of American energy companies. [Japan Today, 4/30/2002]
Revamping of Clean Air Act - The plan also calls for a clarification of the New Source Review section of the Clean Air Act, which requires energy companies to install state-of-the-art emission control technology whenever it makes major modifications to its plants. The administration’s energy plan gives the Environmental Protection Agency 90 days to review NSR and determine whether it is discouraging companies from constructing or expanding power plants and refineries. It also instructs the attorney general to review current NSR litigation efforts against utility companies to determine whether those efforts are contributing to the country’s energy problems. “The outcome could determine whether the government drops some cases, approaches others more leniently, or even renegotiates settlements already reached,” the New York Times reports. [US President, 5/16/2001, pp. 8.5 pdf file; New York Times, 5/18/2001]
Dodging the EPA - The representative of the Environmental Protection Agency (EPA) on the task force had blocked the recommendation of a technique called “hydraulic fracturing.” Sometimes called “fracking,” the technique, used to extract natural gas from the earth, often contaminates aquifers used for drinking water and irrigation. The recommendation was removed to placate the EPA official, then quietly reinserted into the final draft. Halliburton, Cheney’s former firm, is the US leader in the use of hydraulic fracturing. [Dubose and Bernstein, 2006, pp. 18]
Cheney Stayed Largely behind the Scenes - Much of the task force’s work was done by a six-member staff, led by executive director Andrew Lundquist, a former aide to senators Ted Stevens (R-AK) and Frank Murkowski (R-AK). Lundquist served as the Bush-Cheney campaign’s energy expert, earning the nickname “Light Bulb” from the president. Lundquist will leave the Bush administration and become a lobbyist for such firms as British Petroleum, Duke Energy, and the American Petroleum Institute. Much of the report is shaped by Lundquist and his colleagues, who in turn relied heavily on energy company executives and their lobbyists. For himself, Cheney did not meet openly with most of the participants, remaining largely behind the scenes. He did meet with Enron executive Kenneth Lay (see April 17, 2001 and After), with officials from Sandia National Laboratories to discuss their economic models of the energy industry, with energy industry consultants, and with selected Congressmen. Cheney also held meetings with oil executives such as British Petroleum’s John Browne that are not listed on the task force’s calendar. [Washington Post, 7/18/2007]
Controversial Meetings with Energy Executives - Both prior to and after the publication of this report, Cheney and other Task Force officials meet with executives from Enron and other energy companies, including one meeting a month and a half before Enron declares bankruptcy in December 2001 (see After January 20, 2001), Mid-February, 2001, March 21, 2001, March 22, 2001, April 12, 2001, and April 17, 2001). Two separate lawsuits are later filed to reveal details of how the government’s energy policy was formed and whether Enron or other players may have influenced it, but the courts will eventually allow the Bush administration to keep the documents secret (see May 10, 2005). [Associated Press, 12/9/2002]

Entity Tags: Kenneth Lay, Halliburton, Inc., Environmental Protection Agency, Enron Corporation, Andrew Lundquist, Bush administration (43), American Petroleum Institute, Richard (“Dick”) Cheney, British Petroleum, Duke Energy, John Browne

Timeline Tags: US Environmental Record, Complete 911 Timeline, Events Leading to Iraq Invasion, Peak Oil

The EPA posts a “questions and answers” page about asbestos and the EPA’s Libby investigation (see November 21, 1999) on its website. It includes only one question: “I recently read that EPA found less than 1 percent (or trace levels) asbestos at Fireman’s Park and other locations that were sampled. Is that a safe level?” The EPA responds that levels of “1 percent or less may be safe” under certain circumstances, but notes that it “could present a risk where there is enough activity to stir up soil and cause asbestos fibers to become airborne” (see 1995). [Environmental Protection Agency, 6/18/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The Wall Street Journal reports that the Justice Department has put all of its New Source Review (NSR) investigations on hold, pending the outcome of a review of NSR by the Environmental Protection Agency. Taken as a whole, the Justice Department probes constitute one of the largest environmental investigations in US history. It has been looking at dozens of firms accused by the EPA, under Clinton, of expanding power plants or refineries without installing state-of-the-art pollution control systems, as required by the NSR section of the Clean Air Act. Together these plants are alleged to have spewed hundreds of millions of tons of illegal emissions into the atmosphere. According to EPA spokeswoman Tina Kreisher, the agency—under order from the White House (see May 16, 2001)—is now trying to determine whether companies can be given “more operational and design flexibility” to meet NSR requirements. Likewise, the Justice Department is also conducting a review. Cristine Romano, a spokeswoman for the department, says the Justice Deparmtment intends to look at the “legal soundness” of the NSR investigations. The Journal also reports that the Justice Department is actually advising companies not to sign settlements, but instead to wait until the EPA review has been completed. For example, Dominion Resources almost agreed to spend $1.2 billion on pollution-control upgrades at its plants as part of a settlement. But according to the Journal, it decided not to on advice offered by the Justice Department. [Wall Street Journal, 6/22/2001]

Entity Tags: Tina Kreisher, Cristine Romano

Timeline Tags: US Environmental Record

A study conducted by the General Accounting Office (GAO) finds that the scientists and experts who sit on the Science Advisory Board panels which advise the EPA often have ties to the affected industries or other conflicts of interest. The study, requested by Rep. Henry A. Waxman (Calif.), says that EPA officials regularly fail to identify potential conflicts of interest when panel members are chosen and do not adequately disclose the existence of such conflicts to the public. Though it is prohibited for a federal employee to participate in any “particular matter” that could affect their financial interests, there is an exemption that permits special government employees to serve on advisory panels when the topic being studied directly affects the financial interests of their employer—as long as the employer is not “singularly affected.” [Washington Post, 7/16/2001]

Entity Tags: Henry A. Waxman, Government Accountability Office

Timeline Tags: US Environmental Record

According to one unnamed EPA scientist, the White House Council on Environmental Quality (CEQ) requests that the EPA make subtle language changes to a brochure on climate change. The EPA refuses to implement the changes and prints the brochures without CEQ approval. The EPA is reportedly not permitted to distribute the brochures and as a result they remain boxed up in a warehouse. [Maassarani, 3/27/2007, pp. 60 pdf file]

Entity Tags: Environmental Protection Agency, Council on Environmental Quality

Timeline Tags: Global Warming

Testifying before a subcommittee of the Senate Committee on Environment and Public Works, EPA administrator Christine Whitman names several Clean Air Act programs that the Bush administration is considering terminating. One of the programs slated for elimination is the New Source Review, which requires power companies to install state-of-the-art pollution controls whenever they build new plants or add additional capacity to existing ones. [US Congress, 7/26/2001, pp. 104]

Entity Tags: US Congress, Christine Todd Whitman

Timeline Tags: US Environmental Record

The General Accounting Office (GAO) issues a report on the National Ombudsman’s office at the request of the Chairman of the House Sub-Committee on Environment and Hazardous Materials. [US Congress, 6/25/2002; US Congress, 7/16/2002] The report criticizes the EPA’s January guidance (see January 3, 2001) and concludes that the EPA’s national and regional ombudsmen do not have sufficient autonomy. [Washington Post, 11/29/2001] The GAO report recommends the following:
bullet Strengthen the ombudsman’s independence by moving the office outside of the solid waste program;
bullet Provide the ombudsman with a separate budget and staff;
bullet Increase the ombudsman’s accountability by requiring the office to develop specific criteria for its investigations. [General Accounting Office, 7/27/2001 pdf file]

Entity Tags: Government Accountability Office

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

In a letter to Senator James Jeffords, California Air Resources Board executive director Michael P. Kenny says that a recent testimony by C. Boyden Gray may have misled Congress into believing “that since California has made considerable progress toward achieving clean air standards there is justification for relaxing or eliminating the New Source Review program.” Rather, according to Kenny, the continuation of the New Source Review program is essential. “[I]n both verbal and written comments to the US Environmental Protection Agency (enclosed) we shared our experience with the success of New Source Review in California.… The New Source Review program in California… has… resulted in the construction of some of the cleanest power plants in the nation.… New Source Review is based on the solid premise that new emissions should be minimized and mitigated so that industrial growth can continue without undermining progress toward achieving clean air mandates.… We believe that any weakening of New Source Review control requirements will increase the need to achieve a greater proportion of emission reductions from existing sources and will likely result in a less effective pollution control program.” [US Congress, 7/26/2001, pp. 104]

Entity Tags: Clayland Boyden Gray, James Jeffords, Michael P. Kenny

Timeline Tags: US Environmental Record

The Bush administration blocks the Environmental Protection Agency (EPA) from making any announcement about vermiculite and related problems in towns where it was mined. Vermiculite is dangerous because one of the substances it contains, tremolite, itself contains lethal levels of asbestos fiber and has killed or seriously sickened thousands of inhabitants of Libby, Montana, one of the towns where it was mined. EPA chief Christine Todd Whitman visits Libby at this time, although the vermiculite mine there was shut down in 1990. However, the problem is not confined to Libby; according to EPA records, over 16 billion tons of vermiculite have been shipped to 750 fertilizer and insulation manufacturers throughout the US, and the EPA estimates that between 15 million and 35 million US homes have been insulated with this toxic material. The EPA is thus confronted with an enormously grave problem. After the St. Louis Post-Dispatch breaks the story in late 2002 based on a leak from an unnamed whistleblower, former EPA chief William Ruckelshaus calls the actions of the White House “wrong, unconscionable.” The story becomes even more important when the reason for the White House block becomes known. Vice President Dick Cheney, the former CEO of Halliburton, is pressuring Congress to pass legislation that would absolve companies of any legal liability for claims arising from asbestos exposure. Halliburton itself is facing a tremendous number of asbestos liability claims. [Dean, 2004, pp. 162-163]

Entity Tags: William Ruckelshaus, Bush administration (43), Richard (“Dick”) Cheney, Christine Todd Whitman, Halliburton, Inc., Environmental Protection Agency

Timeline Tags: US Environmental Record

EPA Administrator Christine Todd Whitman tells residents at a town hall meeting in Libby, Montana, a designated Superfund Site where the EPA is remedying asbestos contamination (see (August 2001)), “It has never been our plan to look to you to pay for any part of this cleanup, including the cleanup of residential properties.” [Environmental Protection Agency, 9/7/2001]

Entity Tags: Christine Todd Whitman

Timeline Tags: Environmental Impact of 9/11

The EPA sets up more than 30 fixed air-quality monitors in and around Ground Zero as well as regional monitors in the Bronx, Brooklyn, Queens and Staten Island to test for the presence of certain contaminants. [Environmental Protection Agency, 9/9/2005] More than 30 such air monitors are also positioned at various locations in the Staten Island Landfill, where the WTC debris will be taken. [Environmental Protection Agency, 9/9/2005] Additionally, both the EPA and OSHA operate portable sampling equipment to collect data from a variety of other surrounding locations. [Environmental Protection Agency, 6/4/2002 pdf file; Environmental Protection Agency, 3/23/2005; Environmental Protection Agency, 3/25/2005] The equipment, however, does not test the air for fiberglass, a common building material and a known carcinogen [Occupational Hazards, 1/25/2002] , or mercury in airborne dusts (although they do test for mercury in its vapor state). [Jenkins, 7/4/2003 pdf file] Critics will argue that monitoring outdoor air is insufficient since it will ultimately be diluted because of wind and diffusion—unlike indoor air, which clings to fabrics and is trapped within walls. [International Ban Asbestos Secretariat, 1/21/2002] Aside from a few exceptions (see September 13, 2001-September 19, 2001), the EPA will use the outdated polarized light microscopy (PLM) testing method for counting asbestos fibers instead of electron microscope technology (see September 12, 2001) which provides far more accurate results. [Seattle Post-Intelligencer, 2/28/2001; St. Louis Post-Dispatch, 1/14/2002]

Entity Tags: Occupational Safety and Health Administration (OSHA), 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

A dust sample is taken by EPA employees as they flee the collapsing buildings. The samples are later tested and found to contain an asbestos level of 4.5 percent. [Newsweek, 9/14/2001; Star Tribune (Minneapolis), 9/14/2001]

Entity Tags: Environmental Protection Agency

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

EPA administrator Christie Whitman recommends that New Yorkers who evacuated their homes after the collapse of the World Trade Center “vacuum everything, including air conditioning filters, and wipe all surfaces with a damp cloth,” Newsweek reports. [Newsweek, 9/14/2001; Jenkins, 7/4/2003 pdf file] The recommendation is made despite two studies completed for the EPA in 1993 demonstrating that HEPA vacuums do not effectively remove asbestos from carpets and upholstery (see 1993) and that vacuuming actually increases asbestos levels in the air during use (see 1993).

Entity Tags: Christine Todd Whitman, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

EPA spokeswoman Bonnie Bellow says, “There’s nothing at this point that indicates that business can’t resume” in the Wall Street area on Monday as scheduled. [Newsday, 9/15/2001 pdf file]

Entity Tags: Bonnie Bellow, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

EPA administrator Christine Todd Whitman says with regard to Manhattan’s air quality, “[T]here is no reason for concern.” She says that her agency is regularly sampling airborne particles and that findings indicate that most locations have an asbestos level of less than one percent—the amount above which the EPA considers a material to be “asbestos-containing”—but notes that the highest recorded reading so far was 4.5 percent (see (Between 10:00 a.m. and 11:00 a.m. September 11, 2001)). [Newsday, 9/16/2001] But the EPA is wrong to use the one percent level as if it were a safety benchmark (see (September 12, 2001)). Furthermore, its test results are not accurate, as they are based on the outdated polarized light microscopy (PLM) testing method which is incapable of identifying fine fibers and which cannot reliably detect asbestos when it is present in concentrations below one percent (see November 20, 1990).

Entity Tags: Christine Todd Whitman, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Smoke from the WTC tower collapses covers lower Manhattan on the day of 9/11, and for days afterward.Smoke from the WTC tower collapses covers lower Manhattan on the day of 9/11, and for days afterward. [Source: ABC News/ Associated Press]The Environmental Protection Agency (EPA) and Occupational Safety and Health Administration (OSHA) release a joint statement asserting that the air in downtown New York City is safe to breathe. “New samples confirm previous reports that ambient air quality meets OSHA standards and consequently is not a cause for public concern,” the agencies claim. [Environmental Protection Agency, 9/16/2001] However, the government’s statements are based on ambient air quality tests using outdated technologies. [St. Louis Post-Dispatch, 1/14/2002] Furthermore, it will later be learned that the press release was heavily edited under pressure from the White House’s Council on Environmental Quality (CEQ). Critical passages in the original draft were either deleted or modified to downplay public health risks posed by contaminants that were released into the air during the collapse of the World Trade Center. [Environmental Protection Agency, 8/21/2003 pdf file; Newsday, 8/26/2003] In late October, the New York Daily News will obtain internal EPA documents containing information that had been withheld from the public. One document says that “dioxins, PCBs, benzene, lead, and chromium are among the toxic substances detected… sometimes at levels far exceeding federal levels.” [New York Daily News, 10/26/2001] Later, in October, it will be reported that thousands of rescue workers and residents are experiencing respiratory problems that experts attribute to the toxic smoke flume and ultra fine dust. [CNN, 10/29/2001; New York Post, 10/29/2001; Newsday, 10/30/2001; BBC, 10/31/2001]

Entity Tags: Occupational Safety and Health Administration (OSHA), World Trade Center, Council on Environmental Quality, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11, 9/11 Timeline

The New York City Department of Health (DOH) issues recommendations for people reoccupying commercial buildings and residences. [New York City Department of Health, 9/17/2001]
Recommendations -
bullet The NYC DOH advises residents not return to apartments or workplaces south of Warren Street, west of Broadway, and north of Exchange Street, until the buildings have been approved to resume tenancy by building management.
bullet The DOH recommends that people wear dust masks upon re-entering their indoor areas. After indoor spaces have been cleaned as per instructions, it should not be necessary to wear dust masks.
bullet The advisory recommends that residents and people working downtown clean homes and offices using “a wet rag or wet mop.”
bullet Additional suggestions include shampooing and vacuuming carpets and upholstery with a HEPA vacuum or a normal vacuum fitted with a HEPA filter. The recommendation is made despite two studies completed for the EPA in 1993 demonstrating that HEPA vacuums do not effectively remove asbestos from carpets and upholstery (see 1993) and that vacuuming actually increases asbestos levels in the air during use (see 1993).
bullet The advisory recommends that residents filter the air in their homes with HEPA air purifiers.
bullet NYC DOH instructs residents to “wash heavily soiled or dusty clothing or linens twice” and remove “lint from washing machines and filters in the dryers with each laundry load.”
bullet The recommendations say that if the “apartment is very dusty,” curtains should be washed or HEPA vacuumed. “If curtains need to be taken down, take them down slowly to keep dust from circulating in the air,” it adds.
bullet Residents are advised to bathe pets “with running water from a hose or faucet.” The advisory adds that “their paws should be wiped to avoid tracking dust inside the home.”
bullet The advisory also states to “[k]eep outdoor dust from entering the home” by keeping the “windows closed” and setting the “conditioner to re-circulate air (closed vents).”
bullet The advisory repeats earlier assertions that air monitoring indicates levels of airborne asbestos fibers detected in outside air does not pose a significant threat to human health. “Based on the asbestos test results received thus far, there are no significant health risks to occupants in the affected area or to the general public,” the agency claims. The DOH’s recommendations are criticized by industrial hygienists and other experts. The advisory is criticized for failing to mention that the “dust” inside these homes could possibly contain asbestos and other toxic substances and for neglecting to inform people that stringent national statutes regulate asbestos removal, requiring professional abatement of materials or dust that contain asbestos or other hazardous substances. US statutory code does not permit unlicensed individuals or contractors, much less residents, to perform asbestos removal. [New York City Department of Health, 9/16/2001 pdf file; New York Daily News, 11/20/2001 pdf file; Wall Street Journal, 5/9/2002 pdf file; Jenkins, 7/4/2003 pdf file] In spite of these problems, the EPA website will link to the notice. [St. Louis Post-Dispatch, 2/10/2002; Jenkins, 7/4/2003 pdf file] and refer people to it who email the agency with questions about the safety of indoor air (see After November 1, 2001) (see After November 10, 2001). Some people, however, never even learn of this advisory and—after hearing repeated assurances from officials about safe environmental conditions—clean their indoor spaces as they otherwise would under normal conditions. [Office of US Congressman Jerrold Nadler, 4/12/2002 pdf file] Residents who do hire professional cleaners will find that their homes are still not safe. In November, American Medical News reports numerous doctors in NYC are seeing patients with respiratory conditions. “Their apartments were covered in dust, and have since been professionally cleaned” Ira Finegold, MD, chief of allergy at St. Luke’s-Roosevelt Hospital Center, will say. “But they return, and after 20 minutes, they’re developing a raspy cough.” [American Medical News, 11/26/2001]

Entity Tags: New York City Department of Health, Ira Finegold

Timeline Tags: Environmental Impact of 9/11

EPA air monitors detect sulfur dioxide levels that are so elevated that “according to one industrial hygienist, they exceeded the EPA’s standard for a classification of ‘hazardous,’” the New York Daily News later reports. The EPA does not volunteer this information to the public. Rather the data is discovered in internal EPA documents that are obtained by the New York Environmental Law and Justice Project through the Freedom of Information Act in October (see October 19, 2001). [New York Daily News, 10/26/2001; Thomas Crosbie Media, 10/26/2001]

Entity Tags: Environmental Protection Agency, New York Environmental Law and Justice Project

Timeline Tags: Environmental Impact of 9/11

Business Week publishes a news report on the potential environmental and human health impact of the World Trade Center collapse. The report cites experts who challenge EPA claims that the air-quality of surrounding areas does not pose significant risks to public health. “[M]any scientists and public-health experts in New York, across the country, and in Europe counter that dust and toxic materials, not asbestos, may be the biggest threat and that the EPA’s testing is, at best, inconclusive,” the magazine reports. Part of the problem lies in lax EPA pollution limits, which experts say “are often heavily influenced by industry” and consequently much too high—“especially in an event of such unprecedented magnitude that flooded the environment with so many contaminants simultaneously.” The report goes on to say that the experts are concerned that “everyone who was in the explosions’ vicinity could have potentially suffered acute exposure from the dust and smoke and could be at risk for everything from near-term respiratory ailments to, over decades, cancer.” Richard Clapp, a professor at Boston University’s School of Public Health, tells Business Week: “Even at low or barely detectable levels, that’s a lot of asbestos fibers and other dangerous particles going into people’s lungs. If those get lodged, they could do damage later on.” Temple University civil engineering professor William Miller notes that the trucks hauling debris away from the WTC are probably dispersing toxic debris “all over Lower Manhattan.” The article says the smallest dust particles, which are difficult to detect, are also the “most insidious” and are not filtered out by paper masks. [Business Week, 9/20/2001] Yet the EPA had explicitly stated that people living and working in the area did not need to use respirators (see September 22, 2001).

Entity Tags: Environmental Protection Agency, Richard Clapp, William Miller

Timeline Tags: Environmental Impact of 9/11

EPA Administrator Christie Whitman assures New Yorkers that environmental conditions in Manhattan—both inside and outside—are safe, and provides a summary of the tests that have so far been performed on the city’s air and drinking water.
Water - Whitman says: “As we continue to monitor drinking water in and around New York City, and as EPA gets more comprehensive analysis of this monitoring data, I am relieved to be able to reassure New York and New Jersey residents that a host of potential contaminants are either not detectable or are below the Agency’s concern levels. Results we have just received on drinking water quality show that not only is asbestos not detectable, but also we can not detect any bacterial contamination, PCBs or pesticides.” She does say however that “following one rainstorm with particularly high runoff, we did have one isolated detection of slightly elevated levels of PCBs (see September 14, 2001).”
Outdoor air - Whitman says that outdoor air sampling does not indicate the existence of significant public health risks. This claim is based on results obtained using the outdated polarized light microscopy (PLM) testing method (see September 12, 2001) which is incapable of identifying ultra-fine fibers and which cannot reliably detect asbestos when present in concentrations below one percent (see November 20, 1990). Even though Whitman denies a significant risk to public health, she does say “seven samples taken at or near Ground Zero have had marginally higher levels of asbestos that exceed EPA’s level of concern,” and that her agency has “done a total of 101 dust samples, of which 37 were slightly over the one percent asbestos.” Whitman does not mention that the EPA’s “level of concern” is not a safety benchmark (see (September 12, 2001)) but rather the detection limit of the polarized light microscopy (PLM) testing method (see November 20, 1990).
Indoor air - Whitman claims, “New Yorkers and New Jerseyans need not be concerned about environmental issues as they return to their homes and workplaces.” But the EPA has no data indicating that indoor air is actually safe. The only indoor tests that have been conducted by the EPA were in the EPA’s Region 2 offices located in the Federal Building and a few neighboring buildings—and the results from several of these tests were positive for chrysotile asbestos (see September 13, 2001-September 19, 2001). [Environmental Protection Agency, 9/21/2001; Office of US Congressman Jerrold Nadler, 4/12/2002 pdf file]

Entity Tags: Environmental Protection Agency, Christine Todd Whitman

Timeline Tags: Environmental Impact of 9/11

By this date, the EPA has set up approximately 15 wash stations for personnel and vehicles with signs posted instructing rescue workers to wear respirators and to take proper safety precautions. [Environmental Protection Agency, 9/22/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

EPA air monitors at Barclay and West Sts., Church and Dey Sts. and at Ground Zero detect lead levels three times higher than the EPA standard allows. [New York Daily News, 10/26/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

An EPA press release summarizes the agency’s response to the September 11 attacks under its authority pursuant the National Contingency Plan (NCP) (see 1972). [Environmental Protection Agency, 9/24/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Three of 10 samples taken by the EPA near the attack site indicate elevated levels of lead. [Washington Post, 1/8/2002]

Timeline Tags: Environmental Impact of 9/11

After USGS scientists complete their analysis of the dust samples collected in New York City (see September 17, 2001-September 19, 2001-) —which found asbestos, an “alphabet soup of heavy metals,” and an extremely high pH level (see September 20, 2001) —the team emails the results to “all the government contacts the team had” including people at the EPA and FEMA, as well as to the federal emergency response coordinator. The EPA never informs the public of the dust’s high pH. “We anticipated that the results would have been shared with the people on the ground, those at risk, but it looks like the information never got to those who needed it,” Geoffrey Plumlee, a geochemist, will later tell the St. Louis Post-Dispatch. [US Geological Survey, 11/27/2001; St. Louis Post-Dispatch, 2/10/2002; St. Louis Post-Dispatch, 2/10/2002; US Geological Survey, 10/2002 pdf file] Some scientists will suggest that the dust’s high pH is a major cause of what will come to be known as the “WTC cough” (see September 9, 2002).

Entity Tags: Environmental Protection Agency, Federal Emergency Management Agency, US Geological Service

Timeline Tags: Environmental Impact of 9/11

National Ombudsman Robert Martin sends a memorandum to EPA Administrator Christie Whitman suggesting that the agency implement the recommendations in the General Accounting Office’s July 2001 report (see July 27, 2001). He advises against a proposal under consideration that would move his office to the Office of Inspector General (OIG). He argues that doing so would not increase the ombudsman’s independence and notes that the ombudsman’s mission is very different than the OIG’s. [Environmental Protection Agency, 11/26/2001 pdf file; US Congress, 6/25/2002]

Entity Tags: Office of the Inspector General (EPA), Robert J. Martin, Government Accountability Office, Christine Todd Whitman

Timeline Tags: Environmental Impact of 9/11

EPA officials distribute respirators to employees at the EPA’s Region 2 building at 290 Broadway Street after employees complain about air quality in the building. EPA spokeswoman Mary Helen Cervantes explains that the masks were distributed for the “voluntary use of those employees who might have respiratory ailments or who feel some temporary discomfort from the air,” the New York Daily News reports. [New York Daily News, 10/9/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA monitors record benzene levels at one location near Ground Zero 21 times higher than OSHA standards permit. [New York Daily News, 10/26/2001]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA publishes a summary of results from the air-monitoring program it implemented shortly after the 9/11 attacks. The summary covers the period between September 11 and September 30.
bullet “Out of a total of 442 air samples EPA has taken at Ground Zero and in the immediate area, only 27 had levels of asbestos above the standard EPA uses to determine if children can re-enter a school after asbestos has been removed—a stringent standard based upon assumptions of long term exposure. OSHA has analyzed 67 air samples from the same area, and all were below the OSHA workplace standard for asbestos.”
bullet “All fifty-four air samples from EPA’s four monitors in New Jersey found no [asbestos] levels above EPA’s standard. Another 162 samples were taken from EPA’s monitors at the Fresh Kills landfill in Staten Island, where debris from the World Trade Center is being taken; only two exceeded EPA’s standard.”
bullet “Of 177 bulk dust and debris samples collected by EPA and OSHA and analyzed for asbestos, 48 had levels over 1 percent, the level EPA and OSHA use to define asbestos-containing material. Although early samples from water runoff into the Hudson and East Rivers showed some elevated levels of polychlorinated biphenyls (PCBs), dioxin, asbestos and metals, recent results find non-detectable levels of asbestos, and PCBs and polycyclic aromatic hydrocarbons (PAHs) and metals below the level of concern.”
bullet EPA and OSHA samples from Ground Zero and surrounding areas did not contain levels of lead, iron oxide, zinc oxide, copper or beryllium exceeding OSHA limits.
bullet The EPA “has measured dioxin levels in and around the World Trade Center site that were at or above EPA’s level for taking action.” However, the risk from dioxin is based on long term exposure, EPA claims, adding that the agency and OSHA “expect levels to diminish as soon as the remaining fires on the site are extinguished.” The exact figures of the dioxin levels, however, are startling. More than a year later, the EPA will publish a report which includes the raw dioxin data for this period indicating that dioxins levels on some days were almost six times the highest dioxin level ever recorded in the US (see December 27, 2002).
bullet “Of the 36 samples of volatile organic compounds (VOCs) taken around Ground Zero to assist response workers in determining the appropriate level of respiratory protection, several samples have been above the OSHA standard for workers. None presented an immediate risk to workers, and the levels are expected to decline when the fires are out.” [Environmental Protection Agency, 10/3/2001]

Entity Tags: Environmental Protection Agency

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

Approximately 1,500 concerned downtown New York City residents skeptical of EPA assurances that the city air is safe to breathe meet in a Wall Street hotel lobby with a group of local officials to discuss the issue of air quality. Joel A. Miele Sr., the city’s commissioner of environmental protection, tells the New York Times that the government believes residents’ concerns are unfounded. [New York Times, 10/6/2001]

Entity Tags: Joel A. Miele Sr.

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 New York Daily News reports, “[EPA spokeswoman Bonnie] Bellow says none of the agency’s tests for the presence of asbestos, radiation, mercury and other metals, pesticides, PCBs or bacteria have shown any evidence of any significant public health hazard.” [New York Daily News, 10/11/2001 pdf file]

Entity Tags: Bonnie Bellow, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Eric Chatfield, Ph.D., and John R. Kominsky of Chatfield Technical Consulting Limited, frequently contracted by EPA, complete a report analyzing the particulate matter found in two Manhattan apartments. The report was commissioned by the Ground Zero Task Force, whose members include US Congressman Jerrold Nadler as well as numerous state and city officials. The study found “significantly elevated” concentrations of asbestos in dust samples taken from the apartment interiors of the two buildings. The highest asbestos reading from the “low-exposure” building located at 45 Warren St was 316 structures/square mm (s/mm [Chatfield and Kominsky, 10/12/2001 pdf file; Jenkins, 12/3/2001 pdf file; Office of US Congressman Jerrold Nadler, 4/12/2002 pdf file] The EPA will neither comment on, nor take any action with respect to, these findings. [Office of US Congressman Jerrold Nadler, 4/12/2002 pdf file]

Entity Tags: John R. Kominsky, Eric Chatfield, Chatfield Technical Consulting Limited

Timeline Tags: Environmental Impact of 9/11

The New York Environmental Law and Justice Project obtains internal EPA documents containing data that the agency did not include in the monitoring results it posted on its website on October 3 (see October 3, 2001). The documents, which include hundreds of pages of daily monitoring reports, reveal that “[d]ioxins, PCBs, benzene, lead and chromium are among the toxic substances detected in the air and soil around the WTC site by Environmental Protection Agency [monitoring] equipment—sometimes at levels far exceeding federal levels.” For example, one test indicated water being discharged into the Hudson River contained chromium, copper, lead and zinc at levels “elevated to several orders of magnitude above ambient water-quality criteria for most metals.” Also included is disturbing data about the air quality. “On numerous days, sulfur dioxide readings in the air at a half-dozen sites in Lower Manhattan have been far higher than the EPA’s ambient air quality standards,” one document reveals. [New York Daily News, 10/26/2001; Thomas Crosbie Media, 10/26/2001; Associated Press, 10/27/2001; Kupferman, 2003 pdf file]

Entity Tags: New York Environmental Law and Justice Project, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

A draft report prepared by IT Corporation of Las Vegas for the EPA’s Office of Emergency and Remedial Response says that bulk dust samples taken from the World Trade Center site were found to contain elevated concentrations of several toxic compounds including CDD/CDF, PCBs, PAHs, and metals. [Environmental Protection Agency, 10/29/2001 pdf file]

Entity Tags: IT Corporation

Timeline Tags: Environmental Impact of 9/11

EPA Administrator Christie Whitman continues to reassure the public regarding environmental conditions in Lower Manhattan and says: “Those of us in government and the media share an obligation to provide members of the public, in a responsible and calm manner, with the information they need to protect themselves and their families from any environmental hazards that may result from the attacks on the World Trade Center.” [New York Daily News, 10/31/2001]

Entity Tags: Christine Todd Whitman

Timeline Tags: Environmental Impact of 9/11

Several government experts testify at a New York City Council meeting on environmental conditions following the collapse of the World Trade Center towers. [New York Daily News, 11/1/2001] Kathleen Callahan, deputy regional director of the Environmental Protection Agency (EPA), insists that New Yorkers living and working near the World Trade Center site are not in danger. “The vast majority of our tests find levels of these contaminants pose no significant long term health risks to residents, business employees and visitors beyond Ground Zero,” she says, repeating what earlier EPA statements have asserted. Downplaying the danger of those areas where higher asbestos levels have been found, she states—falsely (see April 18, 1989) (see October 3, 2001-March 1, 2004) —that “EPA and Occupational Safety and Health Administration standards are set many times below the level at which you would expect health impacts.” She advises New Yorkers who live or work in the affected areas to “follow the recommendations of the New York City Departments of Health and Environmental Protection on how to clean up properly (see September 17, 2001).” [Environmental Protection Agency, 11/1/2001] Another expert, Dr. Jessica Leighton, assistant city health commissioner for environmental risk assessment, similarly states that people living and working in Lower Manhattan have little to worry about. She says in response to a question whether or not “people are safe at the present level” of contamination: “As far as the science has shown us right now, that is absolutely correct.” Like Callahan, she claims that EPA standards are overly protective. “The standards or tolerance levels that are being used are very conservative,” she claims. “For example, for asbestos, we are using the standard that is used for indoor air quality for reentry into a school after asbestos removal, which is the most stringent standard, as the tolerance level or standard for outdoor air quality in the residential areas. This is also true for other substances, such as dioxins, identified at the perimeter of the site…. Moreover, these standards have been designed to include many safety factors so that acceptable levels of exposure are far below the levels at which health effects are expected to occur.” [New York City Department of Health, 11/1/2001] Joel Kupferman, executive director of the New York Environmental Law and Justice Project, questions the accuracy of Leighton’s and Callahan’s statements and accuses them of withholding some test results. [New York Daily News, 11/1/2001] Kathryn Freed, a New York City Council Member who represents Lower Manhattan, said she was not convinced by agency assurances, noting that firemen are already showing symptoms of emphysema, a terminal disease for which there is no cure. “Just because it doesn’t reach a certain level is really irrelevant when people are sick,” says Marc Ameruso, a member of the area’s community board. [New York Daily News, 11/1/2001]

Entity Tags: Kathryn Freed, Joel R Kupferman, Kathleen Callahan, Jessica Leighton, PhD.

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

EPA spokeswoman Mary Mears is quoted by Newsday: “Given the levels of asbestos we don’t think there is any kind of significant health risk for people working or living near the site. But there could be some risk to the workers who are actually on the site where the levels tend to be the highest.” [Newsday, 11/9/2001 pdf file]

Entity Tags: Mary Mears

Timeline Tags: Environmental Impact of 9/11

EPA Region 2 responds to an inquiry from a woman concerned about the asbestos levels in the building where her husband works, which is across the street from the World Trade Center site. The EPA informs her that “that the owner/manager of the building [should] follow the cleanup guidelines in the September 16 City of New York Public Notice (see September 16, 2001)…. In addition, the New York City Department of Health has a fact sheet (see September 17, 2001) on the internet… that contains recommendations for people re-occupying commercial buildings and residents re-entering their homes.” [Jenkins, 7/4/2003 pdf file]

Entity Tags: Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The Stuyvesant High School Parents’ Association holds a meeting to address concerns about health and safety conditions at the school. People attending the meeting complain that the Board of Education has failed to address a number of issues. Other topics that are discussed at the meeting include symptoms of illness among the students, tests showing an elevated level of particulates, and evidence that information publicly disclosed by the EPA does not reveal the actual levels of contaminants around Ground Zero. [Stuyvesant High School Parents' Association, 11/13/2001; New York Daily News, 12/20/2001]

Entity Tags: Stuyvesant High School, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Cate Jenkins, Ph.D., a senior chemist in the EPA’s Hazardous Waste Identification Division, writes in a memo to Monona Rossol of the Arts, Crafts, and Theater Safety (ACTS) organization that the EPA is ignoring federal asbestos-abatement laws in buildings close to the World Trade Center site. The 22-year veteran of the agency says that EPA officials “effectively waived” the EPA’s “strict national regulations for removal and disposal of asbestos contaminated dust” by advising residents and commercial building managers in Lower Manhattan to follow the “extremely lenient (and arguably illegal) asbestos guidelines of the New York City Department of Health.” She notes that EPA testing discovered the presence of asbestos levels above the one percent “action level” in dust samples from at least 30 locations, some of which were located within five to seven blocks of Ground Zero. After the memo is reported in the New York Daily News, EPA officials will assert that Jenkins doesn’t understand the law (see (November 19, 2001)). [Jenkins, 11/15/2001; New York Daily News, 11/20/2001 pdf file]

Entity Tags: New York City Department of Health, Monona Rossol, Cate Jenkins, PhD., Environmental Protection Agency

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

Kathleen Callahan, deputy regional director of the US Environmental Protection Agency, testifies before the joint New York State Assembly Committees on Environmental Conservation, Health, and Labor. She reiterates past EPA assertions that WTC contaminants pose no long term risks to local residents. “We’ve tested for the presence of pollutants such as asbestos, fine particulate matter, lead, volatile organic compounds, dioxin, benzene, metals, PCBs and other chemicals and substances that could pose a threat to the public and workers at the site,” she says. “Fortunately, the vast majority of our tests find levels of these contaminants that pose no significant long term health risks to residents, business employees and visitors beyond Ground Zero. And despite recent press accounts which suggest otherwise, these findings have not changed. In fact, environmental conditions off the site have improved in recent weeks.” Callahan also says that people concerned about contamination in their homes “should follow the recommendations of the New York City Departments of Health and Environmental Protection on how to clean up properly” (see September 17, 2001). [Environmental Protection Agency, 11/1/2001]

Entity Tags: Environmental Protection Agency, Kathleen Callahan

Timeline Tags: Environmental Impact of 9/11

EPA Administrator Christie Todd Whitman announces that the National Ombudsman Office will be relocated to the EPA Office of Inspector General (OIG) and that control of all National Ombudsman cases will be likewise transferred to the OIG. She claims the change “will give the ombudsman more independence and the impartiality necessary to conduct credible inquiries.” [Environmental Protection Agency, 11/27/2001] The planned change would give the EPA OIG authority to exercise editorial control over the ombudsman’s comments if they concern criminal investigations. [Associated Press, 4/8/2002] Additionally, under the plan the EPA OIG would decide which cases are investigated. Decisions regarding budgets and staff would also be handled by the OIG. [Seattle Post-Intelligencer, 4/23/2002] Ombudsman Robert Martin vehemently objects to the plan, telling The Washington Post in an interview that putting his office under the OIG would effectively dissolve the national ombudsman function at the EPA. “I translate that as the IG is taking over my cases. They’re going to review and determine whether complaints citizens have made have merit,” Martin explains. “They’re going to be doing my job.” [Washington Post, 11/29/2001; Associated Press, 4/8/2002]

Entity Tags: Christine Todd Whitman, Robert J. Martin, Office of the Inspector General (EPA)

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

The Environmental Protection Agency outside air monitoring station at Stuyvesant High School records an asbestos level of 124 fibers per square millimeter, which significantly exceeds acceptable background levels. [New York Daily News, 12/20/2001]

Entity Tags: Environmental Protection Agency, Stuyvesant High School

Timeline Tags: Environmental Impact of 9/11

Cate Jenkins, a 22-year veteran Environmental Protection Agency (EPA) employee, writes an internal memo to Robert Dellinger, Director of the Hazardous Waste Identification Division, and Lillian Bagus, Chief of the Waste Identification Branch, in which she argues that the EPA should clean NYC homes and businesses contaminated by the WTC collapse. “The cleanup of all affected homes in Lower Manhattan should be performed by EPA or other governmental bodies at public expense, utilizing the methods in the NESHAP or as proposed by certified asbestos abatement experts and approved by EPA regional NESHAP coordinators as meeting all CAA requirements,” she says. “The criteria for areas receiving such cleanups should include an adequate margin of safety, possibly relating to distance zones around contaminated areas over 0.1 percent asbestos or even lower.” Jenkins’ memo also addresses EPA official statements that have been misleading and deceptive, noting that the EPA has claimed repeatedly that asbestos levels are safe even as they report sampling results which exceed the purported maximum “safe level” of one percent. [Jenkins, 12/3/2001 pdf file; International Ban Asbestos Secretariat, 1/21/2002]

Entity Tags: Robert Dellinger, Environmental Protection Agency, Lillian Bagus, Cate Jenkins, PhD.

Timeline Tags: Environmental Impact of 9/11

Deputy EPA Administrator Linda Fisher, 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.” [US Congress, 12/5/2001]

Entity Tags: US Congress, Linda Fisher

Timeline Tags: Environmental Impact of 9/11

Eighteen United States Congressional representatives write to EPA Administrator Christie Whitman requesting that she refrain from transferring the National Ombudsman’s office to the EPA’s Inspector General until after Congressional hearings on the issue have been held in early 2002. Nine additional Congressional representatives write to Whitman on December 19 (see December 7, 2001). [US Congress, 6/25/2002]

Entity Tags: Office of the Inspector General (EPA), Christine Todd Whitman, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Nine US Congressional representatives write to EPA Administrator Christie Whitman asking that she refrain from transferring the National Ombudsman office. Eighteen Congressional representatives have already submitted the same request to Whitman (see Afternoon November 27, 2001). [US Congress, 6/25/2002]

Entity Tags: Christine Todd Whitman

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

EPA National Ombudsman Robert Martin agrees to investigate the World Trade Center environmental case at the request of US Representative Jerrold Nadler of New York. [US Congress, 6/25/2002]

Entity Tags: Jerrold Nadler, Robert J. Martin

Timeline Tags: Environmental Impact of 9/11

EPA National Ombudsman Robert Martin and the Government Accountability Project (GAP) file a lawsuit challenging EPA Administrator Christie Whitman’s plan to relocate the ombudsman’s office to the EPA Office of Inspector General (OIG) (see Morning November 27, 2001). [Associated Press, 1/10/2002]

Entity Tags: Robert J. Martin, Christine Todd Whitman, Government Accountability Project

Timeline Tags: Environmental Impact of 9/11

US Federal District Court Judge Richard W. Roberts issues a temporary restraining order preventing EPA Administrator Christie Whitman from implementing a plan (see Morning November 27, 2001) to transfer the ombudsman’s office and investigative files to the EPA’s Office of Inspector General (OIG). The restraining order will expire in early April (see April 6, 2002). [Salon, 1/14/2002; US Congress, 6/25/2002]

Entity Tags: Christine Todd Whitman, Richard W. Roberts

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

EPA staffers meet with the agency’s top pollution regulator, Jeffrey Holmstead, in his fifth-floor conference room to discuss a February 2004 deadline for creating a rule governing formaldehyde emissions at wood products plants. Holmstead, a lawyer, formerly worked at Latham & Watkins representing one of the nation’s largest plywood producers. Also present at the meeting is William Wehrum, the EPA air office’s general counsel, who had also represented timber interests as a partner of the same law firm. They meet with Timothy Hunt, a lobbyist for the American Forest & Paper Association who is an old acquaintance of Holmstead, and with Claudia M. O’Brien, the association’s lawyer. O’Brien had previously been a law partner of Holmstead’s and Wehrum’s at Latham & Watkins. During the meeting she proposes to exempt “low-risk” plywood, particleboard and other plants from strict emission controls, arguing that such facilities are often located in isolated areas where their emissions pose a relatively small risk to public health. She also contends that the expense of adding new controls to the plants, which the industry complains could cost as much as $1 billion, would make them vulnerable to foreign competition. Holmstead likes the idea and decides that the agency should push the proposal, despite opinions from EPA career attorneys that the exemption would violate the 1990 Clean Air Act amendments (see March 2003). [Los Angeles Times, 5/21/2004]

Entity Tags: Timothy Hunt, William Wehrum, Jeffrey Holmstead, Claudia M. O’Brien, Environmental Protection Agency, Bush administration (43)

Timeline Tags: US Environmental Record

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

EPA spokeswoman Bonnie Bellow states, “Based on our findings, and now really more than 10,000 samples of a wide range of substances, we have found no significant long term risk posed by the outdoor air.” [USA Today, 2/7/2002]

Entity Tags: Bonnie Bellow, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA’s National Ombudsman’s office convenes a hearing on the environmental issues that resulted from the attacks on the World Trade Center. Hugh Kaufman, the EPA ombudsman’s chief investigator, remarks during the hearing that he believes the EPA, as well as state and city officials, have intentionally utilized inferior testing methods in order to avoid finding evidence that environmental conditions threaten public health. “I believe EPA did not do that because they knew it would come up not safe and so they are involved in providing knowingly false information to the public about safety,” Kaufman, says. “Not just EPA, the state and the city, too. We also had testimonies that all the agencies—local, state, and federal—have been consorting together every week to discuss these issues.” [CNN, 2/24/2002] Numerous experts testify at the hearing, criticizing the EPA’s response to the September 11 attacks, including David Newman, an industrial hygienist with the New York Committee for Occupational Safety and Health (NYCOSH); Dr. Thomas Cahill, of the University of California at Davis; Marjorie J. Clarke, PhD, an adjunct professor at Lehman and Hunter College, City University of New York; Alison Johnson, Chairman of the Chemical Sensitivity Foundation, among others. Government officials and employees were invited to participate—including officials from the EPA, the Federal Emergency Management Agency, the US Geological Survey, the governor’s office, state agencies, the mayor’s office and city agencies—but did not appear. “This is the first time this has happened in this type of hearing,” Hugh Kaufman, tells United Press International. [United Press International, 2/24/2002; Environmental Protection Agency, 2/25/2002 pdf file]

Entity Tags: Marjorie J. Clarke, PhD, Thomas Cahill, Hugh Kaufman, US Geological Service, Jerrold Nadler, Federal Emergency Management Agency, Alison Johnson, Cate Jenkins, PhD., Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

Eric Schaeffer, 47, head of the EPA’s Office of Regulatory Enforcement, sends his letter of resignation to EPA administrator Christine Whitman. In the letter he says that he and his colleagues have been “fighting a White House that seems determined to weaken the rules that [EPA employees] are trying to enforce.” He complains that the administration is crippling the EPA’s enforcement divisions with budget cuts and that the White House is working with energy-industry lobbyists to weaken the New Source Review provision of the Clean Air Act which requires older coal power plants to install pollution controls when upgrading plant equipment (see August 27, 2003). [Schaeffer, 2/27/2002; Philadelphia Inquirer, 3/1/2002; Washington Monthly, 7/2002; New York Times, 1/5/2004; MSNBC, 4/20/2004]

Entity Tags: Environmental Protection Agency, Bush administration (43), Eric Schaeffer

Timeline Tags: US Environmental Record

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).”
bulletEPA 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 -
bulletEPA 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.”
bulletEPA 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

US District Judge Richard W. Roberts extends, by five days, a temporary restraining order (see January 11, 2002) against the EPA, prohibiting the agency from implementing plans (see Morning November 27, 2001) to transfer the function of the EPA’s national ombudsman to the Office of Inspector General (OIG). [Associated Press, 4/8/2002]

Entity Tags: Richard W. Roberts, Environmental Protection Agency, Office of the Inspector General (EPA)

Timeline Tags: Environmental Impact of 9/11

US District Judge Richard W. Roberts vacates a temporary restraining order (see January 11, 2002) against the EPA, which had prevented the agency from transferring the function of the EPA’s national ombudsman to the Office of Inspector General (OIG) (see Morning November 27, 2001). The case is referred to the United States Office of Special Counsel. Within hours, EPA Administrator Christie Todd Whitman and the EPA Office of Inspector General move to implement the planned changes (see Morning November 27, 2001) to the EPA National Ombudsman office. [US Congress, 6/25/2002]

Entity Tags: Richard W. Roberts, Christine Todd Whitman, Office of the Inspector General (EPA)

Timeline Tags: Environmental Impact of 9/11

Joel Kupferman of the New York Environmental Law and Justice Project collects dust samples at 150 Franklin Street at the request of one of the building’s tenants. He sends three samples to a lab which tests the dust for asbestos using transmission electron microscopy (TEM). The lab finds asbestos levels of 1.2, 1.4 and 1.8 percent. In September (see Shortly after September 17, 2001), the tenants had cleaned the building according to instructions provided by the city’s health department (see September 17, 2001). The building’s tenants—among them a family-run child care center—had relied on assurances from EPA and city officials that the downtown air was safe and consequently did not have the building professionally tested. After Kupferman notifies the city about these alarming results, the city tests the building using polarized light microscopy (PLM) on April 18 and does not find elevated asbestos levels. The city’s samples are retested by the EPA using transmission electron microscopy (TEM), and found to have an asbestos level ranging from 2 percent to 5 percent. “We recommended that [the building] be professionally cleaned,” EPA spokesperson Mary Mears later says. [New York Daily News, 5/2/2002; Wall Street Journal, 5/9/2002 pdf file; Salon, 8/15/2003]

Entity Tags: Joel R Kupferman, New York Environmental Law and Justice Project, Environmental Protection Agency

Timeline Tags: Environmental Impact of 9/11

The EPA Office of Inspector General (OIG) changes the locks to the office of National Ombudsman Robert Martin while he is away on official travel and sick leave. The contents of the office—computers, phones, and the files of pending cases—are removed. [US Congress, 6/25/2002]

Entity Tags: Robert J. Martin, Office of the Inspector General (EPA)

Timeline Tags: Environmental Impact of 9/11

On Earth Day, Robert Martin resigns from his position as the EPA national ombudsman in protest of the EPA’s decision to curb his autonomy by placing his office under the jurisdiction of the EPA Office of Inspector General (OIG). Martin believes EPA administrator Christie Todd Whitman’s decision to relocate jurisdiction of the office was caused by Martin’s criticisms (and those of his chief investigator, Hugh Kaufman) of her potential conflicts of interest in respect to a Denver Superfund Site, the Marjol Battery site in Throop, PA, and his criticism of the EPA’s response to environmental consequences following the World Trade Center attack in Lower Manhattan. In his letter of resignation, Martin accuses the EPA of concealing data regarding WTC toxic substances from residents, workers, and students in Lower Manhattan. [Seattle Post-Intelligencer, 4/23/2002; US Congress, 6/25/2002]

Entity Tags: Hugh Kaufman, Christine Todd Whitman, Robert J. Martin

Timeline Tags: Environmental Impact of 9/11

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