October 3, 2001-March 1, 2004: EPA and New York Department Falsely Claim to Be Using Specific Asbestos Protection Standard

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 ] 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 ] 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 ; 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 ]