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Environmental Impact of 9/11 Attacks

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Project: Environmental Impact of the 9/11 Attacks
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HP Environmental, a Virginia law firm, releases a study concluding that there is an overwhelming concentration of ultra fine fibers—particles measuring less than half a micron in size—in the Manhattan area that have eluded the standard polarized light microscopy (PLM) techniques (see September 12, 2001) used by the EPA. The report was compiled by several scientists and industrial hygienists including Hugh Granger, Ph.D., CIH and Piotr Chmielinski, CIH of HP Environmental; Tom McKee, Ph.D. of Scientific Laboratories; Jim Millette, Ph.D. of MVA, Inc.; and George Pineda, CIH of ET Environmental. Newsweek reports that according to Granger, the study’s lead author, high concentrations of these fibers have been detected “within several blocks of Ground Zero, including inside closed and undamaged offices nearby and as high up as 36 stories.” Dr. Philip Landrigan, a leading expert on asbestos toxicity, commenting on the report’s findings, tells Newsweek, “I find this very troublesome. The smaller the particle, the more easily it can be aerosolized. And the easier job that it has penetrating right down into the very depths of the lungs.” The study is based on laboratory tests of samples collected between September 21 and 28. [Newsweek, 10/5/2001; Associated Press, 10/10/2001; Reuters, 10/15/2001; New York Magazine, 10/22/2001] The study is initially posted on the website of the American Industrial Hygiene Association (AIHA). But is removed after only 5 hours. Cate Jenkins, a veteran EPA employee, will later suggest that “its removal was motivated by the fact that it conflicted with Governor Whitman’s press release of the same day (see October 3, 2001) claiming no hazardous exposures to asbestos except at Ground Zero.” [Jenkins, 12/3/2001 pdf file]

Entity Tags: Phillip Landrigan, Tom McKee, Ph.D., Piotr Chmielinski, CIH, Jim Millette, Ph.D., HP Environmental, George Pineda, CIH, Hugh Granger

Category Tags: Expert opinions/Independent studies, Key Events

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

Category Tags: Government tests, Key Events

EPA Administrator Christine Todd Whitman and John Henshaw, US Department of Labor Assistant Secretary for OSHA, announce that their two agencies “have found no evidence of any significant public health hazard to residents, visitors or workers beyond the immediate World Trade Center area.” But later in the statement, they acknowledge that to date, “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.” Additionally, they say that 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….” [Environmental Protection Agency, 10/3/2001]

Entity Tags: Christine Todd Whitman, John L. Henshaw

Category Tags: Government statements, Key Events

EPA Region 2 says at least four times, and the New York City Department of Health and Environmental Protection at least once, that they are using a protective standard under the Asbestos Hazard Emergency Response Act (AHERA) to determine whether indoor and outdoor air pose a threat to public health. They assert that the standard is regularly used to determine whether it is safe for school children to return to school buildings after asbestos has been removed or abated. According to the agencies, the standard designates an asbestos level of 70 or fewer structures per square millimeter as safe. [Jenkins, 3/11/2002 pdf file] For example, on a page explaining its “benchmarks, standards and guidelines established to protect public health,” the EPA states: “In evaluating data from the World Trade Center and the surrounding areas, EPA is using a protective standard under AHERA, the Asbestos Hazard Emergency Response Act, to evaluate the risk from asbestos in the outdoor and indoor air. This is a very stringent standard that is used to determine whether children may re-enter a school building after asbestos has been removed or abated…. To determine asbestos levels, air filters are collected from monitoring equipment through which air in the school building has passed and viewed through a microscope. The number of structures—material that has asbestos fibers on or in it—is then counted. The measurements must be 70 or fewer structures per square millimeter before children are allowed inside.” [Environmental Protection Agency, 3/31/2005] But according to Title 40, part 763.90, of the Code of Federal Regulations, the 70 s/mm [Jenkins, 3/11/2002 pdf file] Instead, AHERA sets as the EPA’s cleanup goal an exposure level which scientists have determined has a risk level lower than the EPA’s maximum risk level of 10 [Jenkins, 3/11/2002 pdf file; Environmental Protection Agency, 1/5/2006] The significance of the two agencies’ misstatements cannot be overstated as the 70 s/mm [Jenkins, 3/11/2002 pdf file]

Entity Tags: New York Department of Environmental Conservation (DEC), Environmental Protection Agency, Cate Jenkins, PhD.

Category Tags: Indoor remediation, Misuse of EPA standards, Key Events

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

Category Tags: EPA's reponse

New York City Health Commissioner Neal L. Cohen, MD, says that despite smoky conditions in areas of Lower Manhattan, “test results from the ongoing monitoring of airborne contaminants indicate that the levels continue to be below the level of concern to public health.” [New York City Department of Health, 10/5/2001]

Entity Tags: Neal L. Cohen, M.D., New York City Department of Health

Category Tags: Government statements, Key Events

A draft report written by Dr. Roderick Wallace of New York State Psychiatric Institute and Dr. Deborah N. Wallace of Columbia University, warns that residents of downtown Manhattan may later develop symptoms similar to “particularly acute forms of Gulf War Syndrome” because of their exposure to the contaminants released when the World Trade Center towers collapsed and burned. The report’s authors write that the collapse and fires appear “to have exposed an exceedingly large population to dioxins, dibenzofurans, related endocrine disruptors, and a multitude of other physiologically active chemicals arising from the decomposition of the massive quantities of halogenated hydrocarbons and other plastics within the affected buildings.” The expected pattern “greatly transcends a simple ‘Post Traumatic Stress Disorder’ model, and may come to resemble particularly acute forms of Gulf War Syndrome,” they say. [Wallace and Wallace, 10/8/2001 pdf file]

Entity Tags: Deborah N Wallace, Rodrick Wallace

Category Tags: Expert opinions/Independent studies, Key Events

New York State Governor George E. Pataki announces that New York State will receive $8.5 million in federal funds. $3.5 million of the grant will be provided to the state over a period of five years for initiatives addressing any respiratory impacts of the WTC collapse. The remaining $5 million will be available immediately to support environmental monitoring in New York City, asthma surveillance, health interventions and asthma education. [New York, 10/9/2001; Associated Press, 10/10/2001]

Entity Tags: George E. Pataki

Category Tags: Other events

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

Category Tags: EPA's reponse, Key Events

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

Category Tags: Government statements, Government tests, Key Events

Hundreds of residents and workers in Lower Manhattan attend a public meeting at Pace University where a panel of experts discusses the potential health risks associated with post-WTC collapse air contamination. Though they provide reassurances on the issue of asbestos levels, they highlight the uncertainty over the potential impact of other contaminants. “We don’t know all the facts,” Stephen Levin MD, a panelist, notes. “We do know that the further you are from the site, the less risk you have. No one at this point can give you absolute reassurance that there is no risk.” The New York Environmental Law and Justice Project is present at the meeting and distributes an informational flier citing evidence from an independent analysis of dust samples finding that fiberglass composes 15% by weight of the bulk sample (see September 19, 2001). The flyer also warns of the effects of WTC fires spewing highly toxic combustion products, including dioxins, PCBs, furans and other cancer-causing substances. [Newsday, 10/12/2001]

Entity Tags: Stephen Levin MD, New York Environmental Law and Justice Project

Category Tags: Expert opinions/Independent studies, Key Events

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

Category Tags: Expert opinions/Independent studies, Key Events

Rich Regis, a Wall Street Journal editor, undergoes treatment for “kidney failure, a perforated colon and sepsis, a generalized infection of the body.” His doctors say that his ailments may have been caused by something he “inhaled or ingested” when he was caught in the debris storm caused by the collapse of the WTC. [New York Daily News, 10/25/2001]

Entity Tags: Rich Regis

Category Tags: Documented cases WTC-related illness, Key Events

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

Category Tags: Government tests, Deception, Key Events

The City of New York posts test results for asbestos in ambient outdoor air using the polarized light microscopy (PLM) test method on the NYC Department of Environmental Protection website. [Environmental Protection Agency, 7/15/2004 pdf file] New York City DEP test results based on the transmission electron microscopy (TEM) testing method are not posted until early 2002 (see Early 2002).

Entity Tags: Environmental Protection Agency

Category Tags: Government tests, Deception, Key Events

The New York City Department of Environmental Protection (DEP) publishes a notice for residents of Lower Manhattan reassuring them that the DEP, in collaboration with other government agencies, is doing everything it can to protect public health. The agencies are taking samples of the air, dust, water, river sediments and drinking water and analyzing them for the presence of pollutants, the statement says, and comparing them to a variety of government “benchmarks, standards and guidelines.” The notice claims that current monitoring indicates that containment levels do not represent a significant threat to public health. [NYC Department of Environmental Protection, 10/29/2001]

Entity Tags: New York City Department of Environmental Protection

Category Tags: Government statements, Key Events

Joel A. Miele, Sr., commissioner of the city’s Department of Environmental Protection, claims his agency has “bent over backwards to be as conservative as possible in our testing… and there is no significant danger” to anyone’s health. “People are safe, not just at the site, but at the perimeters,” he adds. [Newsday, 10/26/2003 pdf file]

Entity Tags: New York City Department of Environmental Protection, Joel A. Miele Sr.

Category Tags: Misuse of EPA standards, Government statements, Key Events

New York City Mayor Rudolph Giuliani says NYC government agencies have found that environmental conditions in Lower Manhattan “are not health-threatening… what I’m told is that it is not dangerous to your health.” [New York Daily News, 10/27/2001 pdf file]

Entity Tags: Rudolph (“Rudy”) Giuliani

Category Tags: Government statements, Key Events

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

Category Tags: Expert opinions/Independent studies, Key Events

New York City Fire Commissioner Thomas Von Essen says that almost 4,000 firefighters who have participated in the rescue efforts at the World Trade Center have complained of respiratory problems, but adds that long term effects of working at Ground Zero are uncertain. “We won’t know for a long period of time if there is any long term effect. Some might lead to asthma, some might lead to lung conditions,” One firefighter has been treated for allergic alveolitis, a rare lung inflammation. Von Essen’s comments follow a Newsweek interview with Dr. David Prezant, the chief pulmonary physician for the city’s fire department. Prezant explained to the magazine that thousands of firefighters require medical care for a range of illnesses, including coughs, sinus infections, lung trauma and severe asthma. Prezant, a professor at the Albert Einstein School of Medicine, has referred to these ailments collectively as the “World Trade Center cough.” [CNN, 10/29/2001; CNN, 10/29/2001; New York Post, 10/29/2001; Newsday, 10/30/2001; BBC, 10/31/2001; New York Daily News, 11/20/2001 pdf file]

Entity Tags: David J. Prezant, Thomas Von Essen

Category Tags: Rescue/recovery workers, Key Events

Paul Bartlett, an expert on aerosols containing PCBs and dioxins at the Queens College Center, is interviewed by the New York Daily News. Dr. Bartlett feels the EPA’s response to the WTC attacks has been inadequate. “What I’ve seen of the data is troubling,” he says. “Their detection limits are aimed at threshold levels for occupational exposure. They aren’t treating this as a disaster, so they’re not asking what extent and how far are people being exposed or who is possibly being affected by the releases of chemicals. They’re just checking what emissions are exceeding regulations.” He also says the WTC site should be treated like a Superfund site. [New York Daily News, 10/26/2001]

Entity Tags: Paul Bartlett

Category Tags: Expert opinions/Independent studies, Key Events

New York City officials order the Police and Fire Departments to reduce the number of officers and firefighters involved in recovery efforts at any one time to 24 for each department, citing new concerns about air quality at the site. The announcement is met with criticism from members of the police and firefighters unions. “We were promised by the mayor and the fire commissioner that we wouldn’t give this up until we got everybody out,” Michael Carter, the vice president of the Uniformed Firefighters Association, tells the New York Times. “To scale back to 24 people, that’s to say that this has become nothing more than a construction site.” Thomas Manley, the health and safety officer for the firefighters union, tells the Times that he does not believe the decision was really based on new concerns regarding air quality. He suggests the mayor wants to minimize the presence of the site in an effort to return business to the area. [New York Times, 11/1/2001]

Entity Tags: Thomas Manley

Category Tags: Rescue/recovery workers

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

Category Tags: Government statements

A team of specialists from UC Davis, the Detection and Evaluation of Long-range Transport of Aerosols (DELTA) Group, sends the results from their first samples (see October 2, 2001-Mid-December, 2001) to the Lawrence Berkeley National Laboratory’s Advanced Light-Source Lab. Since October 2, the group has been conducting air sampling from the roof of 201 Varick St., located one mile north-northeast of the WTC site, at the request of the Department of Energy. According to the team, data indicates that the WTC plume “in many ways [resembles] those seen from municipal waste incinerators and high temperatures processes in coal-fired power plants.” A summary report of the data concludes: “The size fractions above 1 micrometer contained finely powdered concrete gypsum, and glass, with soot-like coatings and anthropogenic metals, but little asbestos. Composition in the very fine size range (0.26 > Dp > 0.09) was dominated by sulfuric acid and organic matter, but, including polycyclic aromatic hydrocarbons (PAHs) and their derivatives, and glasslike silicone containing aerosols.” [JOM, 12/1/2001; Dateline (Univ of Calif, Davis), 2/15/2002; Chemical and Engineering News, 2/18/2002]

Entity Tags: DELTA Group, US Department of Energy, Thomas Cahill

Category Tags: Expert opinions/Independent studies, Key Events

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.

Category Tags: Indoor remediation, Misuse of EPA standards, Government statements, Key Events

Nicole Pollier, a legal intern at Center for Constitutional Rights, testifies before the Environment Committee of the New York City Council and discusses health concerns at the WTC recovery site. She says that the Center found that “virtually none of the people working at the WTC disaster site are or have been wearing any personal protective equipment,” which the organization attributes to a lack of organized training. Only 5-10 percent of the workers wear disposable dust masks, she said. Additionally, “workers leaving the site are not decontaminated, nor do they use the washing stations that have been set up at the perimeter of the site by volunteer organizations.” Pollier says the Center blames OSHA which has taken the position that the site’s designation as a “search and rescue” operation denies it the authority to enforce safety laws. There have been “no mandated training sessions, and no enforcement of personal protective equipment requirements or exposure monitoring requirements,” she explains. Instead, OSHA has played a consultative role as a technical adviser. Pollier says that the Center disagrees with OSHA’s position, calling attention to a 1991 directive entitled “OSHA Response to Significant Events of Potentially Catastrophic Consequences,” which states: “The OSH Act requires that OSHA respond to catastrophic events….” [New York City, 11/1/2001]

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

Category Tags: Rescue/recovery workers

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).

Category Tags: Indoor remediation, Key Events

The EPA uses a form letter to respond to inquiries from people who live and work in Manhattan asking how they should clean their interior spaces. The letter instructs them to follow the procedures outlined in the New York Department of Health’s September 17 advisory (see September 17, 2001). “The EPA does not have jurisdiction or oversight of indoor air quality or indoor cleanups,” the letter explains. “New York City (NYC) has the primary authority and responsibility for reoccupancy of buildings and health issues. Since you work very close to the WTC it is important that the recommendations of the New York City Department of Health (NYCDOH) and the New York City Department of Environmental Protection (NYCDEP) on how to clean up be followed…. The NYCDOH fact sheet on the internet (http://www.nyc.gov/html/doh/html/alerts/wtc3.shtml) contains recommendations for people reoccupying commercial buildings and residents re-entering their homes. Should the need arise to investigate the requirements for remediation of your residence, the NYCDEP has compiled a list of asbestos investigators, remediation contractors and air monitoring firms.” [Jenkins, 7/4/2003 pdf file]

Category Tags: Indoor remediation

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

Category Tags: Government statements, Key Events

David Newman, of the New York Committee for Occupational Safety and Health, interviewed by Newsday, disagrees with the EPA’s position that asbestos levels have not been high enough to pose long term health risks. “While diseases such as asbestosis result from exposure to asbestos over long periods of time, asbestos-related cancers, such as mesothelioma, which have a 10- to 40-year latency period, can develop from low-level exposure to this killing dust,” Newman explains. [Newsday, 11/9/2001 pdf file]

Entity Tags: David Newman

Category Tags: Expert opinions/Independent studies, Key Events

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

Category Tags: Indoor remediation, Key Events

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

Category Tags: Other events

The City of New York supplies the New York State Department of Environmental Conservation (DEC) with the original version of its transmission electron microscopy (TEM) test results on air asbestos levels. [Environmental Protection Agency, 7/15/2004 pdf file] A censored version of the data is later released to the public in early 2002 (see Early 2002).

Entity Tags: New York Department of Environmental Conservation (DEC)

Category Tags: Deception

The New York Environmental Law and Justice Project (NYELJP) receives documents from New York’s Department of Environmental Conservation (DEC) and the city’s Department of Health (DOH) that had been requested through the state’s Freedom of Information Law (FOIL). The request was initially denied on grounds that the documents were related to an “on-going criminal investigation.” NYELJP receives them only after an appeal and repeated demands. The documents reveal that during spot testing the DEC’s monitors became clogged with dust and were not subsequently replaced or re-set as they should have been. The documents also contain NYC DOH test results showing that some of the air monitors located in City Hall offices and other spaces in downtown Manhattan had at times been “overloaded” with dust. Instead of recalibrating the equipment and re-testing, the department simply ceased testing. Rather than inform the public about the overload dust finding, the agency listed the results as “N.A.” on its website. [Kupferman, 2003 pdf file]

Entity Tags: New York City Department of Health, New York Environmental Law and Justice Project, New York Department of Environmental Conservation (DEC)

Category Tags: Deception, Key Events

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

Category Tags: Other events

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

Category Tags: Indoor remediation

Jessica Leighton, Ph.D., the assistant commissioner of environmental risk assessment at the New York City Department of Health, testifies before a number of committees of the New York State Assembly. She says that the department has taken a lead role in monitoring the environmental conditions near the WTC site and that there are few concerns that there will be long term effects on public health. “Some substances, such as the particulate matter from the dust or the smoke in the air, can be irritating but are not expected to have long term effects for most people,” she says. “Other substances, such as asbestos, are not expected to have short term effects, but if elevated over long periods of time can have long term effects.” [New York City Department of Health, 11/26/2001]

Entity Tags: Jessica Leighton, PhD.

Category Tags: Government statements, Key Events

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

Category Tags: Government statements, Key Events

Dr. Stephen Levin of the Mount Sinai-I.J. Selikoff Center for Occupational and Environmental Medicine testifies before the New York State Assembly’s Standing Committees on Environmental Conservation, Health, and Labor that conditions “seen in adults who have been at or near” the WTC site “for as little as twenty-four to thirty-six hours” included “reactive airways disease, new onset or exacerbation of pre-existing asthma, RADS [reactive airway dysfunction syndrome], sinusitis, irritant rhinitis, persistent cough, and diffuse irritation of nasal mucosal surfaces.” Among first-responders “or individuals who were hit by the cloud of dust and debris” following the collapse, he has observed “a dramatic increase in GERD [gastro-esophageal reflux] symptoms,” which for some people can be life-threatening. [Kupferman, 2003 pdf file]

Entity Tags: Stephen Levin MD

Category Tags: Expert opinions/Independent studies, Key Events

Sheldon Silver, a New York City Assembly Speaker (D-Manhattan), says that his office has received a “significant influx” of complaints concerning skin rashes, sinusitis and aggravated asthma from people working and living in Lower Manhattan. [New York Daily News, 11/27/2001]

Entity Tags: Sheldon Silver

Category Tags: Expert opinions/Independent studies, Key Events

American Medical News reports that doctors in New York City are still treating large numbers of patients for respiratory conditions stemming from the World Trade Center disaster. About one-third of all New York City firefighters have symptoms of what is now termed the “WTC cough,” typified by persistent dry unproductive coughs, wheezing, sinus irritation and shortness of breath. One-fifth of responding firefighters also complain of GERD (gastroentero reflux disease) which doctors believe may have been caused by ingesting the pulverized concrete and glass that was present in the World Trade Center dust. “What you inhale, you also swallow,” explains David J. Prezant, MD, deputy chief medical officer of the New York City Fire Department. “Your entire tongue was coated with this stuff.” Doctors believe these health problems were caused in part by the shortcomings of protective breathing masks, which are not supposed to be worn for days on end. [American Medical News, 11/26/2001; Newsday, 9/10/2002; Newsday, 9/30/2002]

Entity Tags: David J. Prezant

Category Tags: Rescue/recovery workers, Key Events

People working and living in downtown Manhattan continue to be concerned about environmental conditions. For example, one resident, Catherine McVay Hughes, tells WABC News, “Last week, in our apartment where I had sealed my windows with energy efficient duct tape and had four large air filters running non-stop and plants, I could still smell the fires burning.” Another resident, Tammy Meltzer, likewise explains: “There is a lot of dust in the air that makes your eyes swell shut when it hits you. Your throat also becomes very sore.” [WABC, 11/26/2001]

Category Tags: Personal stories, Key Events

The Environmental Protection Agency’s (EPA) Region 2’s legal counsel advises in a draft document (obtained by the New York Environmental Law and Justice Project through a Freedom of Information Act): “[AHERA] was developed to determine whether school buildings where asbestos was used are safe. Under this test, an air monitor pumps room air through a special filter for a specified amount of time. Then the number of asbestos ‘structures,’ or fibers, on a square millimeter of the filter are counted. If there are fewer than 70 such structures, the air is judged to be acceptable. EPA has used this same school-based standard to evaluate the safety of outside air in downtown Manhattan.” [Jenkins, 3/11/2002 pdf file] The EPA counsel’s statement is a misinterpretation of AHERA (see October 3, 2001-March 1, 2004).

Entity Tags: Environmental Protection Agency

Category Tags: Misuse of EPA standards

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

Category Tags: EPA's reponse, Key Events

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

Category Tags: Government statements, Government tests

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.

Category Tags: Deception, Key Events

New York City Mayor Rudolph Giuliani and NYC Health Commissioner Neal Cohen hold a joint press conference in which they state that vehicles contaminated with World Trade Center dust and debris would not be returned because cleaning the vehicles would be “too difficult.” And even if cars were cleaned, safety would be “inconclusive,” they explain. [New York Times, 12/4/2001]

Entity Tags: Rudolph (“Rudy”) Giuliani, Neal L. Cohen, M.D.

Category Tags: Indoor remediation, Key Events

After the New York City Department of Health tests Tribeca Tower at 105 Duane Street for asbestos and finds nothing, the building’s residents contact Attorney Joel R Kupferman of the New York Environmental Law and Justice Project (NYELJP) for assistance. Certified industrial hygienist, Ed Olmstead, collects dusts samples for Kupferman using a micro-vac. Analysis is conducted using the highly sensitive transmission electron microscope (TEM) method. The tests results reveal high concentrations of asbestos. A sample taken from a hallway ventilation duct that circulates air throughout the building is found to contain 550,000 structures of asbestos per square centimeter. When confronted with these results, the EPA claims the hygienist’s testing method was unsound and that the results were an aberration. The landlord of the building, citing EPA and DEP assurances that the test results could be ignored, refuses to appropriately abate the building. [Jenkins, 12/3/2001 pdf file; Washington Post, 1/8/2002; Kupferman, 2003 pdf file; Salon, 8/15/2003]

Entity Tags: New York City Department of Environmental Protection, Environmental Protection Agency, Ed Olmstead

Category Tags: Expert opinions/Independent studies, Key Events

The Indoor and Built Environment Journal publishes a study by Dr. E. B. Ilgren, MD, which concludes that residents near the WTC site in downtown Manhattan “do not appear to be at risk of long term, asbestos—or metal—related disease but their homes must still be cleaned professionally to eliminate highly irritating, aerosolized dusts.” [Ilgren, 12/2001]

Entity Tags: E.B. Ilgren MD

Category Tags: Expert opinions/Independent studies, Key Events

An article published in the Environmental Health Perspectives journal, titled, “Environmental Aftermath,” suggests that the collapse of the World Trade Center towers “may have serious long term environmental health effects on those in harm’s way, including children, office workers, rescuers and residents.” It cites “asbestos, lead and PCBs (or polychlorinated biphenyls) present in the dust created by the Twin Towers collapse as among the most potentially serious lingering exposures to the community, including rescue workers, office workers and the more than 20,000 residents, and 3,000 children, who live within half a mile of Ground Zero.” [Environmental Health Perspectives, 11/2001; Environmental Health Perspectives, 12/4/2001]

Category Tags: Expert opinions/Independent studies, Key Events

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

Category Tags: EPA's reponse

United Press International (UPI) publishes an article on the post-911 environmental conditions in downtown Manhattan. The news agency interviews Indira Singh, a risk architect and volunteer emergency medical technician, who says “that before the terrorist attacks she was a mountain climber and a pilot and in the top physical condition of her life but since then she has a cough, onset asthma, chest pain and headaches that won’t quit.” She adds that many of her neighbors “have coughs, headaches, ugly rashes, eye infections, people coughing up blood, kidney infections, upper respiratory problems, swollen tongues and most bizarre of all about a dozen had their dental work fall out.” [United Press International, 12/7/2001]

Entity Tags: Indira Singh

Category Tags: Personal stories, Key Events

Thomas Manley, who monitors health issues for the firefighters union, tells reporters that 500 of the union’s members are on sick leave because of a variety of respiratory problems. Three hundred of them may never be able to fight fires again as a result of their medical conditions. “It’s getting worse and worse,” he says. “They’re having trouble breathing, shortness of breath, coughing with pain in their stomach.” The union claims the illnesses could have been prevented if proper respirators had been provided to firefighters working at the World Trade Center site. [NY1 News, 12/21/2001; Associated Press, 12/21/2001]

Entity Tags: Thomas Manley

Category Tags: Rescue/recovery workers, Key Events

New York City Health Commissioner Neal Cohen says the vehicles affected by dust from the collapse of the World Trade Center “are contaminated” and should be condemned. “The cleanup of them is not practical, and I’ll do whatever I can in my authority and recommend to the mayor that they be condemned,” he explains. [CBS News, 12/27/2001]

Entity Tags: Neal L. Cohen, M.D.

Category Tags: Indoor remediation, Key Events

The City of New York posts the results of its transmission electron microscopy (TEM) tests on air asbestos levels on the New York City Department of Environmental Protection website. The data does not match the results that had been given to the New York State Department of Environmental Conservation back in November (see November 13, 2001). Test results indicating excessive asbestos levels have been either deleted or changed to “not detected.” [Environmental Protection Agency, 7/15/2004 pdf file]

Category Tags: Government tests, Deception, Key Events

The environmental consulting firm, H.A. Bader Associates, conducts several environmental tests at Fiterman Hall of the Borough of Manhattan Community College, CUNY, (BMCC), located four blocks from the World Trade Center site (see October 1, 2001). The test results indicate “unusually high levels of dioxin in dust samples throughout the building” that are “levels 20 to 90 orders of magnitude above results from other buildings where… [the] firm has tested or cleaned in Lower Manhattan.” An EPA toxicologist who reviews the firm’s data will tell the New York Daily News in February that he believes the levels in the building are “below EPA levels of concern.” [New York Daily News, 2/7/2002 pdf file]

Entity Tags: Borough of Manhattan Community College, CUNY, (BMCC)

Category Tags: Expert opinions/Independent studies, Key Events

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

Category Tags: Indoor remediation, Key Events

Attorney Michael Barasch tells the Associated Press that he has filed legal notices on behalf of 700 firefighters and 300 police officers, fire marshals and emergency medical technicians, who have developed respiratory conditions after working at the World Trade Center disaster site. The legal notices are meant to preserve the plaintiffs’ right to sue the City of New York at a later date on the premise that the city failed to follow federal regulations and provide the appropriate respirators to the rescue workers at the disaster site. [Associated Press, 1/13/2002; Nordgren, Goldstein, and Izeman, 2/2002 pdf file]

Entity Tags: Michael Barasch

Category Tags: Rescue/recovery workers, Key Events

EPA spokeswoman Bonnie Bellow tells the Washington Post: “There is nothing we have found that is at a significant level that would say you should not come here to live or work.” [Washington Post, 1/8/2002]

Entity Tags: Bonnie Bellow, Environmental Protection Agency

Category Tags: Government statements, Key Events

Nina Habib, an EPA spokeswoman, acknowledges that the thousands of asbestos tests performed by the EPA so far have been of outdoor air only. She asserts that the results from those tests were “indicative of what’s in people’s apartments as well.” [Jenkins, 7/4/2003 pdf file]

Entity Tags: Environmental Protection Agency, Nina Habib

Category Tags: Expert opinions/Independent studies, Key Events

Dr. Cate Jenkins writes a memorandum comparing the data from a major asbestos-contaminated site in Libby, Montana—where the EPA tested and cleaned homes (see (August 2001)) —to that of the WTC disaster site where the EPA has so far refused to take responsibility for the abatement of private residences. She argues that Lower Manhattan should be designated a Superfund site, as was Libby, Montana (see December 20, 2001), in order to reduce the public’s exposure to harmful substances such as asbestos, fiberglass, fine particulates, mercury and lead. Superfund designation would shift the financial burden from individual citizens to the government. In the memo, she also summarizes the calculated cancer risks for people occupying Lower Manhattan buildings. [Jenkins, 1/11/2002 pdf file]

Entity Tags: Cate Jenkins, PhD.

Category Tags: Indoor remediation

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

Category Tags: Indoor remediation, Key Events

A mobile health unit at Ground Zero offers free health examinations for immigrant workers and day laborers hired to clean office buildings in Lower Manhattan. The medical team, headed by Dr. Steven Markowitz, conducts pulmonary testing of workers, collects blood and urine samples, and interviews them about their work history. By March 1, the mobile unit will examine 415 workers, primarily from Colombia and Ecuador. Markowitz later tells Newsday that workers said employers had provided them with mops, rags and bags for removing inches of dust from buildings. “Most said they were not given protective equipment,” Newsday reports. Some workers who brought their own respirators said employers told them not to wear such protection.” [Newsday, 4/28/2002]

Entity Tags: Steven Markowitz MD

Category Tags: Rescue/recovery workers, Key Events

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]

Category Tags: Indoor remediation, Key Events

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

Entity Tags: John L. Henshaw, Lowell Peterson

Category Tags: Deception, Key Events

The Civil Service Employees Association tests a dust sample taken from a window air conditioner located at the Department of Motor Vehicles offices and finds 8 percent asbestos. [New York Daily News, 9/11/2003]

Category Tags: Expert opinions/Independent studies, Key Events

R. Radhakrishnan, Director of the Asbestos Control Program in the New York City Department of Environmental Protection (DEP), sends letters to owners of buildings located within the zone of WTC contamination requesting “copies of the environmental hazard assessments including bulk sampling results and air monitoring results and a summary of cleanup activities” at their buildings within 5 days. The letter recalls that they had been advised in September (see September 16, 2001) to have their buildings professionally tested for asbestos and other contaminants. If tests proved positive for any dangerous contaminants, they were to have had them abated professionally. The letter also says that building owners “are responsible for the cleaning of building exteriors, grounds, and common areas.” The letter contains no reference to the federal regulations that govern asbestos and other hazardous materials. [Jenkins, 7/4/2003 pdf file] The DEP makes no effort to enforce compliance with this request. By September 2002, only 354 of the roughly 1900 buildings that were required to provide the agency with data and documentation will have responded to Radhakrishnan’s request. Of those, 31 buildings will say they found dangerous levels of asbestos requiring professional abatement. Others will provide records that are incomplete or inadequate. The DEP does not issue a single citation for building owners or managers that do not respond. [Office of Representative Jerrold Nadler, 2/10/2003; New York Daily News, 9/11/2003]

Entity Tags: Radhakrishnan

Category Tags: Indoor remediation, Key Events

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

Category Tags: Government statements, Key Events

The New York Law Journal reports that the Legal Aid Society’s offices, located adjacent to the destroyed World Trade Center at 90 Church Street, “are so contaminated with asbestos, mercury and other poisons that the building’s interior will have to be stripped to the slab, cleaned and rebuilt.” [New York Law Journal, 2/1/2002; Nordgren, Goldstein, and Izeman, 2/2002 pdf file]

Category Tags: Expert opinions/Independent studies, Key Events

By this date, more than two-thirds of the 62 rescue workers who came from Menlo Park, California, have complained of respiratory problems. [Nordgren, Goldstein, and Izeman, 2/2002 pdf file; Mercury News (San Jose ), 2/4/2002; Associated Press, 10/29/2003]

Category Tags: Rescue/recovery workers, Key Events

New York City Mayor Michael Bloomberg proclaims, “Every test that has been done says the air quality was in acceptable limits.” [New York Daily News, 2/10/2002]

Entity Tags: Michael R. Bloomberg

Category Tags: Government statements, Key Events

The Delta Group releases a final report on air quality data collected in Manhattan between October and December, 2001 (see October 2, 2001-Mid-December, 2001). Thomas Cahill, PhD, Delta Group member, is a noted expert on composition and transport of ultra-fine airborne particles. Dr. Cahill explains that World Trade Center aerosols contained high levels of sulfur, sulfur-based compounds, and very fine silicon that probably came from the thousands of tons of glass that had been in the WTC buildings. The presence of these fine particles decreased during the month of October. The largest spike in very fine particle levels measured 58 micrograms per cubic meter which Cahill says was “an extremely high peak.” The sampling also indicated that there were almost always high concentrations of coarse particles—those about 12 micrometers to 5 micrometers in diameter—present in the air near the WTC site. “These particles simply should not be there,” Cahill says. “It had rained, sometimes heavily, on six days in the prior three weeks. That rain should have settled these coarse particles.” He says their presence suggests the hot debris pile was continually generating the larger particles. The study also determined the chemical composition of the dust it sampled. Some of the metals found in the air occurred at the highest levels ever recorded in the United States. Metals present at high levels included iron, titanium (some associated with powdered concrete), vanadium and nickel (often associated with fuel-oil combustion), copper and zinc. Mercury, lead, and asbestos were present at low levels. [On Earth, 2002; Dateline (Univ of Calif, Davis), 2/15/2002; Chemical and Engineering News, 2/18/2002]

Entity Tags: DELTA Group, Thomas Cahill

Category Tags: Expert opinions/Independent studies, Key Events

Thomas R. Frieden, MD, Commissioner of the New York City Department of Health, testifies before the US Senate Committee on Environment and Public Works and says: “The data from air quality tests thus far have been, in general, reassuring. None of the testing done to date has shown results that would indicate long term health impacts.” But his assessment is based on a flawed interpretation of the AHERA standard. He incorrectly (see October 3, 2001-March 1, 2004) says in the testimony that “the clearance/reoccupancy standard for indoor air in schools after an asbestos abatement project… is 70 structures of asbestos per square millimeter.” [New York City, 2/11/2002]

Entity Tags: Thomas R. Frieden

Category Tags: Misuse of EPA standards, Government statements, Key Events

Dr. David O. Carpenter from the School of Public Health at the University of Albany concludes in a detailed study that the Stuyvesant High School building “has not yet been proven safe.” [Environmental Protection Agency National Ombudsman, 3/27/2002]

Entity Tags: David O. Carpenter, Stuyvesant High School

Category Tags: Expert opinions/Independent studies, Key Events

New York City School Board member Irving Hamer Jr. recommends that Stuyvesant High School’s air ducts be cleaned during its spring break beginning March 28, 2002. [Environmental Protection Agency National Ombudsman, 3/27/2002]

Entity Tags: Stuyvesant High School, Irving Hamer Jr.

Category Tags: Other events

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

Entity Tags: Environmental Protection Agency, Robert J. Martin

Category Tags: EPA's reponse, Deception, The Transfer of the EPA Ombudsman, Key Events

A New Jersey-based consultant, Uday Singh, conducts tests for toxic contaminants in various apartments and street locations, including City Hall Park, and finds a high concentration of mercury vapor. “When compared with mercury concentrations observed in non-industrial urban environments, the mercury vapor concentrations in Lower Manhattan were greater by a factor of 1,000 to 1 million,” he tells Newsday. “It points to a potential for chronic exposure, and it is important that further studies be undertaken immediately,” he adds. [Newsday, 6/6/2002]

Entity Tags: Uday Singh

Category Tags: Expert opinions/Independent studies, Key Events

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

Category Tags: Key Events, Expert opinions/Independent studies

Dr. Steven Markowitz, who directed a mobile health unit targeting immigrant workers hired to clean office buildings near Ground Zero (see January 14, 2002-March 1, 2002), speaks at an immigrant labor conference at the CUNY School of Law in Flushing, New York, sharing his team’s findings. The team identified over 400 workers suffering from a variety of ailments. “One of the most striking findings is the persistence in symptoms, even after workers were no longer exposed to dust,” Dr. Markowitz reports. “Many had stopped working [near Ground Zero] two months earlier, and when they came to the van, they still had symptoms.” He says that most of the workers had symptoms consistent with the inhalation of crushed glass like chronic cough, coughing up of blood, sore throats, nasal congestion and chest pain. Other workers had symptoms that are more difficult to explain, like headaches, fatigue, dizziness and poor appetites. Markowitz admits that his team has “no idea” what the cause of those symptoms are. [Newsday, 4/28/2002]

Entity Tags: Steven Markowitz MD

Category Tags: Rescue/recovery workers, Key Events

Bruce Lippy, PhD. a certified industrial hygienist with the Operating Engineers National Hazmat Program, discusses his data with Occupational Hazards, “60 percent of our samples were greater than the EPA clearance level….” [Kupferman, 2003 pdf file]

Entity Tags: Bruce Lippy

Category Tags: Expert opinions/Independent studies, Key Events

The Agency for Toxic Substances and Disease Registry (ATSDR) releases its “Report on Residential Air and Dust Sampling in Lower Manhattan,” which explains the agency found “low” levels of asbestos in 17.5 percent of the residential units sampled, 19.2 percent of the common area samples and 33 percent of the outdoor areas samples. But the study says there were extremely high levels of fibrous glass, which ranged from 2 to 15 percent in almost half the residential areas sampled and 64 percent of the outdoor samples. The ATSDR recommends “that people continue to conduct frequent cleaning with HEPA vacuums and damp cloths/mops to reduce the potential for exposure in accordance with NYC Department of Health (NYC DEP) guidance (see September 17, 2001).” But the NYC DEP’s instructions have been highly criticized (see September 17, 2001) (see September 22, 2001) and its recommendation to use a HEPA vacuum to remove asbestos contradicts previous EPA commissioned studies (see 1993) (see 1993). [Agency for Toxic Substances and Disease Registry, 5/7/2002]

Entity Tags: Agency for Toxic Substances and Disease Registry (ATSDR)

Category Tags: Indoor remediation, Government tests, Key Events

The EPA’s regional office in New York announces that the agency will assume responsibility for testing and cleaning residences south of Canal, Allen, and Pike Streets in Manhattan for asbestos contamination—if requested by the resident. The EPA claims the decision was made in order to calm residents’ fears, and that decontamination is not necessary. “While the scientific data about any immediate health risks from indoor air is very reassuring, people should not have to live with uncertainty about their futures,” says Jane Kenny, EPA regional administrator. “There is no emergency here.” [Wall Street Journal, 5/9/2002 pdf file; New York Daily News, 5/9/2002 pdf file] Similarly, Mary Mears, spokeswoman for Region II of the EPA, states, “This is to assuage concerns from residents in Lower Manhattan who continue to have concerns over air in their apartments.” [United Press International, 5/9/2002]
Criticisms of the EPA's volunteer cleanup program -
bullet The EPA does not include other areas like Brooklyn, which was in the direct path of the September 11 smoke plume (see September 12, 2001), or Chinatown, whose residents have also complained of ailments they attribute to WTC contamination. [New York Daily News, 5/20/2002 pdf file; Jenkins, 7/4/2003 pdf file]
bullet The EPA does not acknowledge that there is a public health emergency
bullet The program is voluntary.
bullet The EPA program targets asbestos, although the agency will also randomly test for other toxins to determine if additional measures should be taken. “We will test for asbestos in air. This is the substance of greatest concern, and air is the pathway of exposure. By cleaning up the dust, many other substances will also be removed,” an EPA public notice explains. [Environmental Protection Agency, 8/4/2003] However according to Cate Jenkins, “too few homes [are sampled] to have any statistical power to establish that these substances are not occurring elsewhere.” [Jenkins, 7/4/2003 pdf file] A panel of experts convened by the EPA in October will agree, and suggest that the EPA conduct tests for additional toxins (see Mid-October 2002).
bullet The program is limited to private residences. Office buildings, the common areas of apartment buildings, stores and restaurants are not eligible for the program. [New York Daily News, 10/29/2002]
bullet Only apartments which appear upon visual inspection to be contaminated will qualify for cleaning. [Salon, 8/15/2003]
bullet The plan does not require that all apartments in a building be evacuated and cleaned—just those whose residents have filed requests. Consequently, recontamination and cross-contamination will occur from ventilation systems connecting cleaned and uncleaned apartments and from dust tracked in on residents’ shoes and clothing. [Salon, 8/15/2003]

Entity Tags: Mary Mears, Jane Kenny, Environmental Protection Agency

Category Tags: Key Events, Indoor remediation

May 30, 2002: WTC Recovery Efforts End

Recovery efforts end at the World Trade Center site. [Associated Press, 5/31/2002]

Category Tags: Other events

An article in the American Journal of Respiratory and Critical Care Medicine summarizes the condition of a New York City firefighter who has contracted acute eosinophilic pneumonia, a rare disease caused by acute high dust exposure. Tests indicate that the firefighter—who worked 16-hour days for 2 weeks at the World Trade Center site—had fly ash, degraded glass, as well as chrysotile and amosite asbestos fibers in his lungs. [American Journal of Respiratory and Critical Care Medicine, 2002]

Category Tags: Documented cases WTC-related illness, Key Events

Cate Jenkins PhD, a senior chemist in the EPA’s Hazardous Waste Identification Division, writes an open memo recommending that New York City residents who believe their apartments were contaminated as a result of the WTC destruction have their carpets and upholstery tested using the “Millette ultrasonication” test method, which she explains is far superior to the micro-vac method currently being recommended by the EPA. She also repeats her earlier criticism of EPA Region 2’s decision (see (September 12, 2001)) to use the 1 percent asbestos level as its “level of concern.” [Jenkins, 6/9/2002 pdf file]

Entity Tags: Cate Jenkins, PhD.

Category Tags: Other events

An environmental engineer tests Stuyvesant High School’s carpets and fabrics for contamination using the ultrasonication method and finds an extremely high concentration of 60,000 to 2.5 million structures of asbestos per square centimeter in the school’s carpets. The Department of Education claims the results are “inconclusive.” [H.A. Bader Consultants, 8/2/2002 pdf file; Jenkins, 8/29/2002 pdf file; Kupferman, 2003 pdf file]

Entity Tags: Stuyvesant High School

Category Tags: Expert opinions/Independent studies, Key Events

By this time, 358 New York City firefighters and paramedics are on sick leave or light-duty because they have the “World Trade Center cough” (see November 26, 2001). [Newsday, 9/10/2002]

Category Tags: Rescue/recovery workers, Key Events

At a New York Academy of Medicine briefing, doctors discuss how the environmental conditions at Ground Zero during the recovery effort have so far impacted the health of those who worked at the site. Dr. Steven Levin of the Occupational Medical Center at Mt. Sinai Medical Center explains that several of the more than 1,000 workers he has seen “have developed inflammatory responses” in their lungs and adds that he has seen only a few recover. Dr. Kerry Kelly, chief medical officer for the NYC Fire Department, says that while only 3 percent of New York City firefighters had respiratory problems prior to September 11, this number has since increased to 15.6 percent. Another speaker at the briefing, Lung Chi Chen of the NYU Department of Environmental Medicine, suggests that either the pulverized glass, the high pH level (see September 20, 2001), or a combination of the two, probably causes the World Trade Center cough. “We can show that human cells can tolerate acidic exposure very well,” Chen says in an interview. “But the cell cannot tolerate alkali exposure. You shift the pH up and the impact is devastating.” [Newsday, 9/10/2002; Newsday, 9/30/2002]

Entity Tags: Kerry Kelly, Lung Chi Chen, Stephen Levin MD

Category Tags: Expert opinions/Independent studies, Rescue/recovery workers, Key Events

A panel of experts convene for two days, at the request of the EPA, and make recommendations for the EPA’s indoor cleanup program (see May 8, 2002) in Manhattan. The panel suggests expanding the testing to “include a wider array of toxic contaminants;” lowering “the EPA’s proposed danger benchmarks to take into account more vulnerable populations, such as children;” and establishing “safety standards for both residential and commercial buildings in Lower Manhattan.” [New York Daily News, 10/29/2002]

Entity Tags: Environmental Protection Agency

Category Tags: Indoor remediation, Rescue/recovery workers

The EPA’s National Center for Environmental Assessment releases a draft document on “Exposure and Human Health Evaluation of Airborne Pollution from the World Trade Center Disaster” for public review. The draft report evaluates outdoor levels of various contaminants to which the public may have been exposed. The draft report also includes results from rodent respiratory toxicology studies which suggest a link between short-term exposure to WTC contaminants and mild lung inflammation and cough. [Environmental Protection Agency, 12/27/2002; Environmental Protection Agency, 12/20/2003]

Entity Tags: Environmental Protection Agency

Category Tags: Government statements

The EPA Office of Research and Development releases a comprehensive study on pollution in and around Ground Zero titled, “Exposure and Human Health Evaluation of Airborne Pollution from the World Trade Center Disaster.” The study concludes that the majority of residents and employees who returned to homes and offices after September 17 were “unlikely to suffer short-term or adverse health effects” from contaminants in the air. However the study warns that the thousands of people who were caught in the huge billowing dust clouds immediately after the towers collapsed, or who inhaled the air near the WTC site a few days after the attack, were “at risk for immediate acute [and possibly chronic] respiratory and other types of symptoms.” On page 77 of the report, the authors reveal that recorded dioxin levels from September through November were extremely high. For example, between October 12 and 29, a monitoring station on Park Row near City Hall Park recorded dioxin levels that averaged 5.6 parts per trillion/per cubic meter of air. This level is almost six times greater than the highest dioxin level ever recorded in the US, the report notes. The heaviest concentrations of dioxins were found at Ground Zero where concentrations “ranging from about 10 to 170” parts per trillion were recorded during the period between September 23 through November 21. Again the report observes that this figure is “between 100 and 1,500 times higher than typically found in urban air.” David Carpenter, MD, a researcher at State University of New York, tells the New York Daily News, “Those air levels are outrageous. There’s a very significant health danger here.” [New York Daily News, 12/31/2002]

Entity Tags: Environmental Protection Agency

Category Tags: Government tests, Key Events

To date, over 1,000 New York City firefighters have filed lawsuits against the City of New York claiming that the city failed to provide them with respirators during rescue and recovery efforts at the WTC. [Kupferman, 2003 pdf file]

Category Tags: Rescue/recovery workers, Key Events

The journal Chest publishes an article summarizing the case of a 37-year-old male engineer who is diagnosed with cough and dyspnea three weeks after being exposed to dust at Ground Zero. The patient’s lung biopsy contained large quantities of silicates. The authors of the study suggest “that exposure to one or more materials resulting from the WTC catastrophe may be implicated in the development of granulomatous pulmonary disease.” [B.H. et al., 1/2003]

Category Tags: Documented cases WTC-related illness, Key Events

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

Entity Tags: Office of the Inspector General (EPA)

Category Tags: Other events

Congress passes the 2003 omnibus spending package which contains approximately $90 million to monitor the health of workers who took part in the World Trade Center recovery effort. But the Federal Emergency Management Agency, which controls the money, delays giving the funds to the Centers for Disease Control and Prevention because of a dispute over how to distribute the aid. [New York Daily News, 6/10/2003]

Entity Tags: US Congress, Centers for Disease Control and Prevention, Federal Emergency Management Agency

Category Tags: Other events

The Stone Street apartment of Bob and Diane Van Dyke is cleaned as part of the EPA’s volunteer residential cleaning program (see September 17, 2001). “Seven workers spent four hours on the 2,200 square foot space,” Salon magazine will report. “None of them wore the waist-level air monitors [EPA spokesperson Mary] Mears insisted all crews would have as a safety precaution. No one wore facemasks, respirators, or even plastic gloves, even though the site supervisor had determined that all of the Van Dykes’ upholstered furniture, mattresses and bedding were contaminated and should be thrown out. Hot water was used to remove dust from ventilation grates; Murphy’s Oil was spread on the floors. The carpets, which remained, were not vacuumed using the wet methods prescribed on the EPA’s Web site. Neither were the drapes. HEPA vacuums were used, but when a hose abruptly popped off the machine and dust spewed onto the freshly vacuumed floor, the hose was simply reattached and the floor was not re-vacuumed. The cleaning process appeared no different from a standard housecleaning.” [Salon, 8/15/2003]

Category Tags: Indoor remediation, Key Events

Kathleen Callahan, an EPA assistant regional administrator, rejects the New York City firefighters union’s request to expand the EPA’s cleanup program (see May 8, 2002) for residential spaces in Lower Manhattan to four firehouses in Lower Manhattan. “We have not undertaken any cleanup of firehouses,” Callahan explains at an environmental symposium at Fordham University. “The program that we have is strictly residential and therefore, we would not do firehouses.” [Infinity Broadcasting Corp, 3/12/2003]

Entity Tags: Environmental Protection Agency, Kathleen Callahan

Category Tags: Other events

When asked to comment on allegations that the EPA had intentionally used testing methods incapable of detecting ultra fine particles and fibers in order not to find asbestos and other contaminants in Lower Manhattan, agency spokesperson Mary Mears tells Salon Magazine, “There are certain differences of opinion that will not be resolved.” She dismisses the fact that independent labs have found much greater levels of contamination than the EPA’s tests, arguing that the private labs may not have used precise EPA methods. She also denies that conditions in Manhattan are unsafe. “We do not agree that this is a public health concern,” she says. “We have not seen the evidence, we do not see the danger.” She explains that the volunteer program is not meant to address a safety problem, just calm the nerves of Lower Manhattan residents. “While we felt there wasn’t a big risk in the long term, we felt a need to offer something to those residents,” she said. “We do not feel this is a public-health emergency. But it goes well beyond anything that could be called a PR campaign.” [Salon, 8/15/2003]

Entity Tags: Mary Mears, Environmental Protection Agency

Category Tags: Expert opinions/Independent studies, Government tests, Deception, Key Events

William Horgan, a certified industrial hygienist who works for Assessment Resources and Technologies, Inc., tells Salon magazine that he has found high concentrations of heavy metals in the more than 150 floors he has tested in various high-rise buildings. “I see the heavy metal contamination as equal to if not greater than the asbestos contamination,” Horgan tells Salon. “Pretty much on every floor we found one of the components: lead, cadmium or mercury.” Approximately 75 percent of Horgan’s tests indicated lead levels exceeding the US Department of Housing and Urban Development benchmark requiring lead abatement. He also found mercury in dozens of buildings. “In the years I’ve been doing this, I’ve never found mercury in any of our buildings,” he notes. “Why all of a sudden would we find mercury?” [Salon, 8/15/2003]

Entity Tags: William Horgan

Category Tags: Expert opinions/Independent studies, Key Events

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

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

Category Tags: Government statements, Deception, Key Events

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