March 27, 2002: Ombudsman’s Report Criticizes EPA Response to 9/11 Environmental Impact

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 -
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.”
“[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).”
“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).”
“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 -
“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.”
“[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.”
“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).”
“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 -
“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.”
“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.”
“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.’”