February 2005 News Stories  (Back to Archived News Stories)   (Back to Main News Page)
 
Study: mercury costs billions in lost productivity, by Joan Lowy, Scripps Howard News Service, February 28, 2005
Activists Criticize EPA Cleanup Plan, by Adam Hutton, AM-New York, February 25-27, 2005
Panel Confronts Post 9/11 Health Issues, by Heather Moyer, Disaster News Network, February 24, 2005
Senator Resisting Cut in Asbestos Claims Fund, Reuters, February 24, 2005
EPA May Test in Brooklyn for Trade Center Toxins (Update1), by David M. Levitt, Bloomberg News, February 23, 2005
NYC Debates Post-9/11 Demolition, by Heather Moyer, Disaster News Network, February 18, 2005
EPA to Oversee Building Demolitions near WTC Site: Residents Concerned about Unleashing Environmental Hazards, by Amy Zimmer, Metro - New York edition, February 18, 2005
Council Sorts Out Who Will Demolish Contaminated Buildings, NY1.com, February 17, 2005
AFL-CIO Worried by Asbestos Plan Reopening, by Susan Cornwell, Reuters, February 16, 2005
Sen. Frist Voices Support for Asbestos Trust Fund, by Mark A. Hofmann, Business Insurance Daily News, February 16, 2005
In a Seep of Trouble, by Sam Smith, New York Post, February 13, 2005
Grand Jury Accuses W.R. Grace of Hiding Cancer Danger from Miners, by Bob Anez, Associated Press, February 7, 2005
Lingering Threats: Contamination May Still Lurk Near Ground Zero, Part Three of Three, by Michelle Chen, The New Standard, February 7, 2005
E.P.A. to communicate more on Albany St., by Ronda Kaysen, Downtown Express, Volume 17 • Issue 36 | February 4 - 10, 2005
Deutsche Plan must change, agency rules, by Ronda Kaysen, Downtown Express, Volume 17 $ Issue 36 | February 4 - 10, 2005
Thousands Rally to Demand Low-Income Housing in City, by David W. Chen, New York Times, February 3, 2005
9/11 Sick and Injured Describe Ongoing Health and Financial Struggles, by Sandy Smith, Homeland Response, February 3, 2005
Appellate Court Reject Landlords' Challenge to New York City's Childhood Lead Poisoning Prevention Law, February 3, 2005
Congress Members Request Health Care for 9/11 Rescue Workers, Residents, by Jessie Bonner, Kansas City Infozine, February 02, 2005
The LMDC is playing games with the Toxic Tower, by Joel Kupferman, amNewYork, February 2, 2005
Do Demolition Right, op-ed, by Joel Shufro, amNewYork, February 2, 2005
Deutsche Bank Demo Will Be Safe, LMDC President Kevin Rampe Pledges Public Safety in Amnewyork Editorial Board Meeting, by Adam Hutton, amNewYork, February 3, 2005
EPA: Plans to Demolish Building Are Dangerous, by Adam Hutton, amNewYork, February 2, 2005
Feds warn building demolition plan does not protect against contaminants, A.P., New York Newsday, February 1, 2005
World Trade Center Properties LLC Appoints Aon Broker for Freedom Tower Construction, Press Release, PRNewswire, February 1, 2005
The Ghosts of Ground Zero, by Katherine Stapp, Interpress News Service, February 1,2005
E.P.A. Crticizes Plan for Razing Bank Near Ground Zero, by David A. Dunlap, New York Times, February 1, 2005

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Study: mercury costs billions in lost productivity, by Joan Lowy, Scripps Howard News Service, February 28, 2005

http://web.kitsapsun.com/shns/story.cfm?pk=MERCURY-02-28-05&cat=AH

- The diminished intelligence of children exposed to mercury contamination before birth costs the U.S. economy $8.7 billion a year in lost productivity, according to a study published Monday in a government science journal.

The study estimates that between 317,000 and 637,000 of the 4 million children born each year in the United States are exposed in the womb to mercury levels above the Environmental Protection Agency's safety level.

The IQ loss to children whose mothers' blood level of mercury was at or above EPA's safety level was subtle and varied depending on the mother's exposure, according to the study in Environmental Health Perspectives, a journal published by the National Institutes of Health. The peer-reviewed study was done by pediatricians at the Mount Sinai School of Medicine and the Albert Einstein College of Medicine, both in New York.

Children with mothers whose mercury levels were at or near the safety level suffer an IQ loss of less than 1 point, while children whose mothers are among the 5 percent of the population most highly exposed suffer IQ losses ranging from 1.6 points to 3.21 points, the study said.

"While this diminution in intelligence is small in comparison with the loss of cognition that can result from other genetic and environmental processes, the loss resulting from (mercury) exposure produces a significant reduction in economic productivity over a lifetime," the study said.

The estimate of $8.7 billion in annual economic impact from mercury was calculated using methodology employed in previous studies of the economic impact of lead exposure, which also lowers intelligence.

The health and societal impacts of mercury "are very analogous to lead," said Dr. Philip Landrigan, a co-author of the study.

"When I started out in pediatrics we used to think of lead as an all-or-none disease - either you had convulsions or other gross symptoms or no symptoms at all," Landrigan said. "Then in the '70s we realized that not everybody was obviously sick, but they were still injured through the loss of a few points of IQ, their attention span was not as long as could be or they had behavioral problems."

Coal-fired power plants, the single largest source of man-made mercury emissions in the United States, are responsible for $1.3 billion of the economic loss, the study found.

Leonard Levin, mercury issue manager for the industry-funded Electric Power Research Institute, said the study relies on limited or flawed data in its calculation of the effect of mercury exposure on fetal intelligence.

"There is a huge uncertainty around whether there is any effect or not" on intelligence from low levels of mercury exposure, Levin said. The study also overstates the number of children exposed and exaggerates the contribution of power plants to mercury pollution, Levin said.

Mercury emissions from power plants, incinerators, industrial processes and natural phenomena like volcanoes settle in water bodies. Microbes transform the deposits into methylmercury, the most toxic form of mercury. The contaminant then works its way up the food chain.

People are exposed to mercury primarily by eating fish, especially large, predatory species like shark, swordfish and some species of tuna.

On the Net: http://ehp.niehs.nih.gov/docs/2005/7743/abstract.html
(E-mail Joan Lowy at LowyJ(at)shns.com.)

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Activists Criticize EPA Cleanup Plan, by Adam Hutton, AM-New York, February 25-27, 2005

http://www.nynewsday.com/other/special/amny/
 
[This article is currently available only in pdf format; see page 5.]

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Panel Confronts Post 9/11 Health Issues, by Heather Moyer, Disaster News Network, February 24, 2005

http://www.disasternews.org/news/news.php?articleid=2576

NEW YORK CITY (February 24, 2005) ­

Contaminant testing in Brooklyn has not been ruled out by the panel of experts chosen by the Environmental Protection Agency (EPA) to review the cleaning methods after Sept. 11.

The committee, called the EPA World Trade Center Expert Technical Review Panel, met Wednesday to review numerous public comments made regarding its draft sampling proposal. The proposal aims to retest numerous buildings in Manhattan for signs of remaining toxic dust from the World Trade Center. Many comments made during the meeting called for the proposed testing area to include Chinatown and Brooklyn.

Commenters, including the World Trade Center Community and Labor Coalition (WTCCLC), noted that Brooklyn should be included in any re-testing due to satellite photos showing the Ground Zero smoke plume traveling over that area. The coalition also noted that wherever health issues are appearing due to dust, there also should testing happen.

"I think when there are health outcomes related to the World Trade Center, then it should be considered (for testing)," said Dr. David Carpenter, a member of WTCCLC's expert advisory panel assigned with reviewing the EPA panel's draft sampling plan.

"There are definitely health concerns coming forward in Brooklyn. Health outcomes are the ultimate concern."

Since Sept. 11, thousands of Ground Zero workers and city residents have come forward with a number of health issues - including respiratory ailments - due to the toxic cloud of dust released when the towers collapsed and also due to the smoldering fires at Ground Zero. Those fires lasted over three months.

The EPA's technical review panel, made up of experts the EPA selected from various fields, held its first meeting last spring. The initial aim was to review the EPA's post-Sept. 11 dust cleaning policy, as well as identifying other areas the health registry could be enhanced to allow better tracking of post-exposure risks by workers and residents.

The aim shifted once the panel and the public both heard calls for and added calls of their own for further contaminant testing around the city. Wednesday's meeting was the first since the panel's draft sampling proposal was made public in October.

During the discussion between Carpenter and the EPA panel, panelists agreed that Brooklyn should be tested - but that there are limits on the proposal.

"There isn't a person here who's against sampling Brooklyn," said David Prezant, panelist and deputy chief medical officer for the New York Fire Department. "But there's a fiscal issue here - we don't have the budget."

Arguments and applause about just what the budget of the panel is then ensued, with the number $7 million thrown out as the initial number given to the panel.

Prezant continued after the number was offered. "We created a plan trying to find the greatest likelihood of contamination so we could come up with data that could justify more testing. The budget has to both test and clean - you agree that it's ethically irresponsible to test someone's residence and then say, 'you're on your own'?"

Panelist Dr. Paul Lioy, professor of environmental and occupational medicine at the University of Medicine and Dentistry of New Jersey, then tried to find some common ground between the WTCCLC, the public, and the panel. "What if we tested a few initial areas of Brooklyn? We have to come up with some reasonable compromise here," he said.

"What I'm concerned about here are areas where the public can agree and we can move forward instead of arguing for another seven months."

Other panelists expressed their concern that this was the first they'd ever even heard about a budget for the committee, which brought applause from the audience. Other panelists scrambled to say that the sampling proposal was not budget-driven.

Another point of tension between some panel members and the WTCCLC's own experts was whether the draft sampling proposal should include small asbestos fibers. Morton Lippmann, EPA panel member and New York University professor of environmental medicine, argued that the coalition's comments on expanding the proposal's sampled contaminants were not logical.

"The comprehensive testing you're talking about will only offer inconclusive results," he said. "I'm really disappointed with the comments made on short asbestos fibers being toxic - it ignores the research pointing to otherwise."

Carpenter argued that the short fibers were indeed toxic according to scientific studies available to the public. Lippman disagreed, and then added that the coalition's comments on adding dioxin and other chemical mixtures to the proposed sampling were also not useful.

"This kind of report (from the coalition) just creates uncertainty in the public," noted Lippman. "I can't imagine why you're scaring people at this point with dioxin with what we know now. I'm disappointed in this fear-mongering. We painfully produced this report over many months and it's the only sensible idea for technical evaluation that has come forward."

The WTCCLC's other comments on the draft sampling proposal also included recommending the addition of other toxins to the list of contaminants being tested for, and that the selection of buildings to be tested should not just be voluntary due to worries about sampling bias.

The coalition requested "a written, legal memorandum describing the powers of various federal, state, and local agencies to gain access to buildings as it relates to protecting the public's health and environmental testing, and how these powers might be combined to help effectuate the sampling and cleanup program."

David Newman, panel member and industrial hygienist for the New York Committee for Occupational Safety and Health (NYCOSH), thanked the coalition for its valuable presentation and also addressed the EPA panel on just how to receive the comments.

"It's inappropriate for us to be defensive. We as a panel do not have a position on anything - we are helping the EPA come up with a plan," he explained. "We need to take Dr. Carpenter's comments into account. It is quite clear that the EPA said (the WTC collapse) was the greatest release of dioxin ever, so dioxin is not off the table (as a contaminant to be tested for)."

He added that he was also concerned about the skewed sampling results if the only buildings tested are those whose owners and landlords volunteer. When one panelist then suggested the EPA use its power to gain access to downtown government buildings for tests, the panel's interim chair responded quickly.

"I don't think the EPA can go around telling other agencies what to do," said Timothy Oppelt, director of the EPA's National Homeland Security Research Center.

The audience responded with outraged shouts of "Why not?"

Later in the day, panelist Joseph Picciano added his comments on that issue and how it related to the controversy over the EPA's voluntary testing first done immediately after Sept. 11. That testing and cleaning, which had a budget of $30 million, received major criticism over its lack of breadth and quality. It was one of the major causes of the community outrage in the first place.

"Relying on voluntary participation isn't too good," said Picciano, acting director of the region 2 office of the Federal Emergency Management Agency. "If it didn't work too well last time, it probably won't work too well this time."

The all-day panel meeting also intensely discussed the search for a WTC dust signature - which in reality is a search for two signatures: One for the initial buildings' collapse, and the other for the smoldering fires at Ground Zero. Some panelists remained convinced that a signature could be found and that the success of the sampling plan hinged on it.

Currently, scientists at the National Homeland Security Research Center are studying possible signatures. Dr. Jacky Rosati, an environmental scientist with the center, gave a presentation on just where the search is at this point and how soon the signatures could be discovered.

"We've developed screening methods for both of these measures," she explained, noting that the search for the building collapse dust signature is much closer to success than the fire signature is.

The final results and validation of the center's screening methods are expected at the end of May.

Panelist Greg Meeker, research geologist with the U.S. Geological Survey also spoke on the issue. "We know what's in the dust that was collected at the World Trade Center. We don't know how the components will behave when we move from that area, but there's good evidence that the components won't change substantially."

The WTCCLC and the public voiced their opinions that the sampling should not wait for a signature to be discovered. Others were not convinced that a signature could ever be found anyway.

After a discussion of just how accurate and safe the draft sampling proposal's "trigger" for cleanup being three times the level of background contaminant levels, one panelist expressed her concern over the point of the signature levels in the first place.

"I don't see this as a winning situation for the community - the only way they win is if the plan moves forward," said Columbia Universith Professor Jeanne Stellman, inciting much applause from the audience. "It seems like this whole thing is the government making sure they don't clean anything they don't have to."

NYCOSH's David Newman agreed and repeated his thoughts on the confusion over signatures.

"I will reiterate again that we need a definition of a signature and a list of criteria by which a signature will or will not be established. Then we'll see if the research and data will meet that. But right now, I still don't know what those criteria are."

Late in the day, when the public was finally allowed to comment, many had mixed feelings about the panel's response thus far. Most demanded more details on the sampling proposal.

"We are encouraged by the info we've heard today, but we'd like to see a full scale presentation of all the details," said Kimberly Flynn of the community group 9/11 Environmental Action.

Later, Flynn and some of her fellow organization members gathered during one break to discuss their opinions of the meeting up until then.

"They have too high a bar set for cleanup," explained Flynn. "Our guess is that very few units will end up qualified. Plus, there's been very little public process in the signature discussion, which now looks like the cornerstone of the sampling project."

Flynn and the other members said they are worried that that cornerstone came from outside the panel.

Stan Mark, program director of the Asian American Legal Defense and Education Fund, is also worried about the testing. "It sounds like they are only testing for one (contaminant), and it goes back to what David Newman said - how do you define the signature? We're really not getting a clear definition from the panel."

Flynn added that some of the panelists' defensiveness proves one of the WTCCLC's points. "Dr. Carpenter got pounced on for calling (the panel's sampling proposal) a first draft - but look at the confusion on the panel."

Other public comments repeated the request that the EPA panel should be following the issues with the demolition of the buildings around Ground Zero - highlighting especially the demolition of the skyscraper at 130 Liberty Street by the Lower Manhattan Development Corporation. Many want the EPA itself to take full leadership of the demolition.

One speaker said she lives in the building right next to 130 Liberty Street, and anytime someone says there can be no lingering health or dust effects from the still-standing damaged buildings, then that person should come take a swab of her air conditioner's filter.

Mark spoke to the panel later on how the testing area should be expanded to up to a five mile radius due to health effects. "(The panel does not) have enough initial data," he explained. "The scope of the testing area is really all the health data. People have been affected up to five miles away. Doctors have testified to the panel before about the health effects and the distance. That's the only real data right now."

Another speaker was an example of the health effects. Steisy Gil, caseworker for the Latin American Workers Project, translated on behalf of Maria Sin Fuentes. Fuentes worked as a custodian for months in several of the buildings around Ground Zero.

"The only equipment given to her for cleaning was a paper mask and gloves," said Gil. "She and her coworkers had to clean the air conditioners, ducts, floors, computers - basically they cleaned everything with paper masks and gloves. They were also given unmarked bottles of cleaning fluids.

"Her problems now are respiratory problems. She can't breathe well, and she now has hand allergies. These are problems she said she'd never had before. Sometimes her hands and fingers go numb."

Gil went on to explain that of the 150 workers her organization is working with, many suffer from similar problems. She said many cannot sleep well due to respiratory issues, others have panic attacks, and still others have children who are now very sick due to the dust brought home on the clothing of the parents. One pregnant woman even lost her baby.

"There is something going on out there, and we want to know what it is," said Gil. "Don't let this pass to our children."

Copyright © 2005-2006 Disaster News Network Inc. All Rights Reserved

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Senator Resisting Cut in Asbestos Claims Fund, Reuters, February 24, 2005

http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=7730417

WASHINGTON (Reuters) - U.S. Senate Judiciary Committee Chairman Arlen Specter indicated on Thursday he is resisting Republican attempts to reduce the size of a proposed $140 billion fund to compensate asbestos victims.

Specter told a news conference he will meet next Tuesday with Senate Majority Leader Bill Frist and other Republicans to try to resolve differences over his asbestos proposal.

He said some Republicans wanted to reduce the size of the proposed fund, but noted the parties who would be financing it -- business and insurers -- endorsed the $140 billion amount last year along with the then-Senate leaders, including Frist.

"If manufacturers and insurers are willing to pay that ... It seems to me we ought to be able to move ahead," Specter said. He said some other Republican concerns about his proposal were legitimate and he was looking for ways to compromise, but did not elaborate

Asbestos was used widely for fireproofing and insulation until the 1970s. Scientists say its inhaled fibers are linked to cancer and other diseases. Hundreds of thousands of injury claims have been filed in U.S. courts, and dozens of companies have filed for bankruptcy as a result.

Under Specter's plan, asbestos claims would be taken out of the courts and paid from the $140 billion fund instead.

Specter said he would like his committee to vote on the bill as soon as next Thursday, but did not know whether he had the votes for it to pass the panel.

© Reuters 2005. All Rights Reserved.

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EPA May Test in Brooklyn for Trade Center Toxins (Update1), by David M. Levitt, Bloomberg News, February 23, 2005

(Adds search for `signature' of dust in fifth paragraph.)

Feb. 23 (Bloomberg) -- The U.S. Environmental Protection Agency is examining whether to test for leftover World Trade Center-related contamination in northwest Brooklyn, agency officials said today.

The decision comes a month after Brooklyn officials, including U.S. Representative Major Owens and City Councilman David Yassky, both Democrats, complained the agency was overlooking toxin-laden dust that rained on Brooklyn Heights, downtown Brooklyn, and other parts of New York's most populous borough following the Sept. 11, 2001, attack.

Further testing could lead to cleanup efforts like those in Manhattan, where the U.S. government has paid for professional cleaning in more than 4,300 apartments to remove traces of asbestos, silica, poisonous metals and other contaminants.

"We're wondering how far into Brooklyn'' testing should reach, Matthew Lorber of the EPA's National Center for Environmental Assessment said at a public hearing in lower

Manhattan. "There's always a cost. If we're talking about expanding, we could dilute the number of samples that are closer in vicinity to Ground Zero.''

EPA officials also said they are close to identifying the chemical "signature'' of the dust from the collapse of the towers. The cloud of debris carried pulverized concrete, and bits of fiber insulation made from minerals, known as "slag wool,'' said Jacky Rosati, an EPA researcher. Defining the dust's properties would help identify areas for cleanup.

 

Ailments

People who live near Ground Zero have complained about elevated levels of asthma and other respiratory ailments that they attribute to the dust.

Lower Manhattan residents, scientists and environmental advocates continued to assail the EPA's proposal for sampling interior spaces, which it hopes to finish by mid-year, as not

thorough enough.

Suzanne Mattei, who heads the New York City office of the Sierra Club, a nationwide environmental organization, told EPA officials that the threshold for ordering a second cleanup was too high.

"We object to the EPA's plan to use three times the background level as the trigger for cleanup of asbestos, manmade vitreous fibers and silica,'' said Mattei. "Osama bin Laden

should not be allowed to triple the level of pollution in our homes and workplaces.''

The U.S. Federal Emergency Management Agency, which oversaw the removal of debris after the Sept. 11 disaster, has earmarked $7 million to 9 million for EPA to do the reinspections, Brown said. More money probably would have to be appropriated should a second cleanup be needed, he said.

--Editor: Young
Story illustration: For details about the Environmental Protection Agency's study of pollution in Lower Manhattan and the Technical Expert Review Panel, see http://www.epa.gov/wtc . For more New York region news, see {TNYC <GO>} .
To contact the reporter on this story: David M. Levitt in New York at (1) (212) 893-4765 or dlevitt@bloomberg.net
To contact the editor responsible for this story: Edward DeMarco at (1) (202) 624-1935 or demarco1@bloomberg.net

NYC Debates Post-9/11 Demolition, by Heather Moyer, Disaster News Network, February 18, 2005

http://www.disasternews.net/news/news.php?articleid=2570

NEW YORK CITY Some moments were heated and tense Thursday as the New York City Council Select Committee on Lower Manhattan Redevelopment met to discuss which agencies should be in charge of demolishing Sept. 11-contaminated buildings.

When the Twin Towers fell on Sept. 11, toxic dust and debris were blown into numerous buildings around Manhattan. Numerous Ground Zero workers and Manhattan residents are ill from breathing in the mix of toxic chemicals despite word from the Environmental Protection Agency (EPA) that the air was safe to breathe days after the attacks. Several contaminated buildings remain standing to this date.

The building at issue now is the former Deutsche Bank building at 130 Liberty Street, which was bought by the Lower Manhattan Development Corporation (LMDC) at the end of August 2004. Heavily damaged on Sept. 11, the building has stood empty since the date due to the damage and to the remaining toxins present inside. Those toxins include asbestos, dioxin, lead and other hazardous materials.

The LMDC wants to demolish the building, yet community members, organizations, and public officials are objecting to how safe the demolition plans are. The groups are worried further air contamination will occur as the building is taken apart and want the EPA to take control of the process.

The LMDC released the first draft of the proposed demolition plan in December 2004, and the EPA responded in January 2005 by delaying approval until more antipollution safeguards are added.

"In light of the EPA's recent criticism of LMDC's plan to deconstruct the massively contaminated building at 130 Liberty Street, it is clear that the government agencies involved have yet to put in place adequate precautions to ensure the environmental health and safety of residents and workers in Lower Manhattan," said Alan J. Gerson, City Council member and chair of the select committee.

Other agencies the LMDC is coordinating the demolition with include the New York City Department of Environmental Protection (NYCDEP), the Occupational Safety and Health Administration (OSHA), the New York State Department of Labor (NYDOL), the New York State Department of Environmental Conservation, and both the state and city departments of health.

"We understand that it's important to take a leadership role," said Pat Evangelista, World Trade Center Coordinator for the EPA, adding that the EPA has in fact taken a leadership role in coordinating the state and federal agencies involved with the 130 Liberty Street demolition. "The LMDC has said they will not proceed in the plan until it's approved."

The city council members hammered the EPA for clarification on their role in the demolition process, forcing back-and-forth questions and assurances from Evangelista and a representative from NYDOL.

"Please understand that this community has been through so much and has the right to know who's in charge," said committee chair Alan J. Gerson. "The community is trying to understand what 'a leading role' is - what does that entail?"

"We will together be tracking the process and be involved," responded Evangelista. "We will have EPA (representatives) on the ground when work commences and will be tracking activities in that regard.

"The EPA is being consistent. We won't have every authority and are doing the best we can to work with our partners."

That answer is not enough for the community members and other involved organizations who want the EPA to follow the law requiring them to oversee the whole demolition process.

"EPA must be the lead agency," said David Newman, industrial hygienist for the New York Committee for Occupational Safety and Health (NYCOSH). "Both Presidential Decision Directive 62 of 1998 and the National Response Plan of 2004 explicitly require EPA to assume lead agency status with regard to issues of environmental health."

NYCOSH has been working with the United Church of Christ since Sept. 11 on funding the testing and treatment of workers affected by the toxic dust released by the buildings.

Newman added the EPA is also suited for the leadership role. "(They are the) only agency with the experience, the expertise, and the resources to ensure that such demolition operations are conducted in a manner that protects public health while ensuring effective removal and proper disposal of hazardous materials."

Other council members concurred that the EPA needs to take more of a leadership role while keeping more open communication with the public in order to restore the trust the agency lost immediately after the attacks.

"This community does not trust you, you need to know that," said Council Member Margarita Lopez. "We have an experience in which you lied to us. Based on that, how do we know we can rely on you? We can begin to believe again if there's a level of communication, a back-and-forth conversation."

Evangelista replied that the agency is committed to moving the demolition process forward. "I'm saying that we will do the best we can in that regard. I suggest that you continue to keep tabs on us and see."

The other agencies working with the EPA and the LMDC voiced their support of open communication and coordination as well.

"We will be part of the process every step of the way," said Robert Avaltroni, deputy commissioner of the NYCDEP's bureau of environmental compliance. "There is no way the DEP and the EPA will let the other proceed without being happy. We will not have a dear ear to anyone."

LMDC President Kevin Rampe also gave testimony before the select committee, noting that he wants the LMDC to be judged on the ultimate result of the demolition, and not on each version of the demolition plan released.

"We full expect comments and changes to the plan, I think that's important for people to understand," he explained. "We recognize that we are dealing with a contaminated building."

He defended the EPA and the other involved city and state agencies, saying the EPA should be applauded for taking a leadership role in the process and that each agency has its own purpose. "Each of the agencies has their own regulatory impact and we need approval from all of them. One group doesn't have all the say."

Rampe asserted that the LMDC demolition process will continue to invite public comment and to remain transparent.

Issues covered in the hearing switched focus as each speaker came forward. Another concern raised by NYCOSH's David Newman is that the 130 Liberty Street demolition only accounts for the removal of asbestos, and "not other contaminants that are known to be present."

Ann Arlen, member of community activist group 9/11 Environmental Action, spoke on her concerns about the mold in the buildings. "I'm very concerned if mold is not talked about in this process."

Newman also wondered how other as yet undiscovered contaminated buildings in Lower Manhattan will be handled. Linda Rosenthal, an aide from U.S. Congressman Jerrold Nadler's office, read testimony from Nadler and noted a similar issue.

"There are four empty decontaminated buildings downtown - why are they all being treated as separate projects? The EPA has to take the lead. Environmental protection is not a spectator sport."

The building at 4 Albany Street is already being demolished. Another structure set for demolition is Fiterman Hall of the Borough of Manhattan Community College.

Other comments from the public touched on the lack of involvement from the Metropolitan Transit Authority (MTA) regarding the risk of air contaminants entering the city's subway system. Joel Kupferman, executive director of the New York Environmental Law and Just Project, displayed photos of two large subway ventilation grates located beneath the scaffolding at 130 Liberty Street.

"The MTA has not been involved until now," said Kupferman, adding that it wasn't until the continued calls from his office about the ventilation grates that the MTA became involved in the issue.

Kupferman shared his frustration about the public only holding the EPA accountable for its mistakes after 9/11. "If we only focus on the EPA, we're letting all the city agencies get away with slow murder."

He is also worried about how the city's firefighters are being treated, noting that he is both concerned about the firehouse directly next to 130 Liberty Street as well as the other downtown firehouses that were never properly cleaned.

Closing out the meeting, the final speakers represented 9/11 Environmental Action. They also disputed the EPA's honesty regarding their role in the demolition. One speaker took issue with just how open to public comment the LMDC claims to have been thus far, saying the LMDC open meetings don't allow the public to speak.

Kimberly Flynn said one of few positives she can see thus far is the change in LMDC's plans since last summer. "We can say that the demolition expected to take place this summer is vastly safer than the one slated originally for this past fall."

Fellow group member Jenna Orkin said all the wrangling over who's in charge is pointing to a bigger reason. "What this all comes down to in the end is who gets sued down the road - that's what the EPA is doing," she said. "What the community thinks 'taking a lead' means is responsibility and leadership. What (the EPA means) is to shirk their responsibilities."

Throughout the hearing, Gerson made it clear that any issues brought to him by the speakers would be investigated. "I think we all recognize the profound and potential impact of any building demolition is on its neighbors. We know what we are doing here is unprecedented - lives and health are at stake.

"If we mean what we say, we will all do what we can to protect human life."

Meanwhile, the EPA's World Trade Center Expert Technical Review Panel will hold its tenth meeting next week, where it will continue to review and debate the draft sampling plan aimed at further testing other city properties for remaining contamination. The panel is also still researching a World Trade center dust 'fingerprint.'

Copyright 2005-2006 Disaster News Network Inc.

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EPA to Oversee Building Demolitions near WTC Site: Residents Concerned about Unleashing Environmental Hazards, by Amy Zimmer, Metro - New York edition, February 18, 2005

http://parex.metro.st/ftp/20050218_1000042.pdf

 [For an archive of articles and documents concerning 9/11-related occupational and environmental safety and health, visit http://www.nycosh.org/index_environment_wtc.html]

[NYCOSH points out that the headline – above -- published over the Metro story -- below -- is wrong, but the story itself is accurate. In fact, the EPA refuses to oversee the work.]

Lower Manhattan Community leaders and residents here want to prevent asbestos and other harmful substances from being released into the air during the demolition of the Deutsche Bank building and two others that were damaged on Sept. 11, 2001.

They feel the best way to ensure their safety is for the U.S. Environmental Protection Agency to oversee the process. Yet, many are unconvinced this will happen despite assurances from the EPA at a City Council hearing yesterday.

Last month, the EPA rejected the Lower Manhattan Development Corporations demolition plan to destroy the building at 130 Liberty Street, which they own. They said the LMDC had inadequate protections against potential environmental hazards. The LMDC will submit a revised plan in the next few weeks, officials said. But many feel the EPA is evading responsibility by not outlining a plan for the LMDC.

"In light of the EPA’s recent criticism of the LMDC’s plan, it is clear that the government agencies involved have yet to put in place adequate precautions to ensure the health and safety of residents and workers in Lower Manhattan," City Councilmember Alan Gerson, D-Manhattan, said.

Although no formal agreement exists on how federal, state and city agencies will coordinate the demolitions management, the EPA will assume a leadership role said its WTC coordinator Pat Evangelista.

"There are regulations across the board and the EPA doesnt have authority over all of them, but were doing the best we can to ensure actions are taken properly," he said.

That’s not enough for some.

"The EPA is the only agency with the experience, expertise and resources to ensure that such demolition operations are conducted in manner that protects public health," said David Newman, industrial hygienist with the New York Committee for Occupational Safety and Health.

"The EPA has to take the lead," said Linda Rosenthal, district director for U.S. Rep. Jerrold Nadler, D-N.Y. "Environmental protection is not a spectator sport."

Gerson said a broadcast-based emergency warning system for workers and residents was needed as part of the demolition.

Evangelista said these concerns would be addressed in the revised demolition plan.

amy.zimmer@metro.us

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Council Sorts Out Who Will Demolish Contaminated Buildings, NY1.com, February 17, 2005

http://www.ny1.com/ny/Search/SubTopic/index.html?&contentintid=48281&search_result=1 #

The City Council held a hearing Thursday to sort out which government agencies are responsible for the demolition of three buildings contaminated by the World Trade Center attack.

A Council committee heard testimony from representatives of the city’s Department of Environmental Protection, the federal Environmental Protection Agency, the Lower Manhattan Development Corporation, and the New York Committee for Occupational Safety and Health, an advocacy group for worker safety.

"This community -- District One, District Two and District Three, that's the community that I'm talking about -- do not trust you," said Councilwoman Margarita Lopez while addressing the World Trade Center Coordinator for the Environmental Protection Agency, who testified at the hearing.

"I guess I would suggest you should continue to keep tabs on us, and I'm confident you'll see our efforts our genuine and comprehensive," responded EPA WTC Coordinator Pat Evangelista.

The committee addressed concerns about the health and safety of residents and workers in the area when the buildings are brought down.

At issue is which agency should oversee demolition of the former Deutsche Bank building, as well as another building still owned by Deutsche Bank and a third building owned by the City University of New York.

"We must always, at every turn, err on the side of precaution, not on the side of economy or expedition, recognizing that lives and health are at stake," said Manhattan Councilman Alan Gerson.

"We take these concerns very seriously, and we are doing all that we can to address them as the process of taking down these buildings continues," said Evangelista.

The committee also questioned the head of the Lower Manhattan Development Corporation, which bought the Deutche Bank location for redevelopment at the World Trade Center site. The LMDC's initial demolition plan was not accepted by the EPA and is being revised.

"The public is going to see that process and sometimes it's going to be ugly, but what we want to be judged on is the ultimate plan which we implement," said LMDC President Kevin Rampe.

The committee is also looking into an emergency warning system to be used during demolition of the buildings, and precautions to protect the subway system, which runs below the former Deutsche Bank site.

One thing everybody involved in the debate does agree on is that the buildings do need to come down in order for the re-development of Lower Manhattan to continue. But environmental and occupational safety watchdog groups are concerned about the process that will be used to do that.

"The head of LMDC said they are going to take the most cautious approach, and it's unprecedented, the fact that he even admitted that. We're calling for the full, strictest precautions," said Joel Kupferman of the New York Environmental Law Project.

Just how agencies overseeing the demolition interpret "strict precautions" will likely will be a source of contention through the entire process.

Copyright © 2005 NY1 News. All rights reserved.

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AFL-CIO Worried by Asbestos Plan Reopening, by Susan Cornwell, Reuters, February 16, 2005

http://www.reuters.com/newsArticle.jhtml?type=domesticNews&storyID=7651204

WASHINGTON (Reuters) - The AFL-CIO labor group is "deeply disturbed" by calls from some senators and business interests to reopen parts of a plan to create an asbestos compensation fund, the organization's legislative director William Samuel wrote in a letter released on Wednesday.

"We are ... deeply disturbed by the statements of some senators and some business and insurance groups calling for reopening agreements reached in the last Congress ..." the letter from Samuel to all 100 U.S. senators said.

Under a proposal by Sen. Arlen Specter, a Pennsylvania Republican, asbestos claims would be taken out of the courts and paid from a $140 billion privately financed fund instead. Some Republican senators have criticized aspects of the draft, including an idea, agreed in the last Congress, that claimants could return to court if the fund ran out of money.

Samuel's letter said Specter's latest draft "includes important provisions strongly supported by the AFL-CIO," but there were important issues remaining to be addressed.

"The AFL-CIO will strongly oppose any attempt to push through, on a partisan basis, legislation whose main purpose is to bail out companies at the expense of victims," Samuel said.

Asbestos was used widely for fireproofing and insulation until the 1970s. Scientists say its inhaled fibers are linked to cancer and other diseases. Hundreds of thousands of injury claims have been filed in U.S. courts, and dozens of companies, such as Federal-Mogul Corp. and chemical company W.R. Grace & Co., have filed for bankruptcy protection as a result.

The AFL-CIO said it likes Specter's proposal to bar insurers, such as workers' compensation insurers, from placing liens on asbestos trust fund awards to prevent double payments.

But it wants to improve some of the fund's award levels and make sure there is enough start-up money for the fund, which is to be financed by business and insurers. The labor group said more work also is needed on a provision that appears to limit the legal rights of people with diseases caused by other airborne minerals.

Republicans and business interests have criticized several aspects of Specter's draft bill, including that it might allow some claimants to be compensated twice.

Some companies, such as auto parts maker Federal-Mogul, have complained that payments companies would have to make to the fund would exceed asbestos-related costs they now face.

Some senators say they are trying to forge a bipartisan compromise.

Lawmakers have been working on resolving asbestos litigation for several years. Samuel's letter said labor would continue to work toward fair legislation but warned against a retread of old proposals that failed to advance earlier. They were favored by Republicans but had little Democratic support.

Specter's latest proposal, meanwhile, has not been embraced publicly by either Republicans or Democrats.

© Reuters 2005. All Rights Reserved.

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Sen. Frist Voices Support for Asbestos Trust Fund, by Mark A. Hofmann, Business Insurance Daily News, February 16, 2005

http://www.businessinsurance.com/cgi-bin/news.pl?newsId=5050

WASHINGTON --Creating a new national trust fund to compensate victims of asbestos-related diseases is the only asbestos liability reform that can win Senate approval, the Senate majority leader said Wednesday.

Speaking at breakfast at the U.S Chamber of Commerce in Washington, Sen. Bill Frist, R-Tenn., said that using a medical-criteria approach under which claimants could not pursue asbestos injury suits until they had met a specific medical test of impairment would not win enough votes for passage. "I believe strongly that a trust fund is the only criteria that will pass," he said.

Senate Judiciary Chairman Arlen Specter, R-Pa., has been circulating draft legislation that would set up a $140 billion national trust fund to replace the current litigation-based system for compensating victims of asbestos-related disease. Not all the details of the fund have been worked out, though, and some lawmakers on both sides of the aisle remain skeptical of Sen. Specters approach.

"Ive encouraged Arlen" not to proceed with a bill that cannot win the support of the Judiciary Committee, said Sen. Frist.

Sen. Frist said the size of the fund, a bone of contention last year as senators dealt with an earlier version of the bill, pretty much has been agreed upon. The $140 billion should be viewed "not as a floor but as a ceiling," he said.

c. 1994-2004 by Crain Communications, Inc.

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In a Seep of Trouble, by Sam Smith, New York Post, February 13, 2005

http://www.nypost.com/news/regionalnews/39855.htm

 February 13, 2005 -- In a stunning miscalculation, 421 contaminated sites across the state including 14 in the city designated safe by environmental officials are now feared to be leaching deadly chemicals into schools, homes and other buildings nearby.

The state Department of Environmental Conservation is now launching a mammoth effort to retest the sites, re-clean them if necessary, and inform residents if toxins have breached their homes and schools.

The faulty calculations, which originated at the federal level, led state officials to believe it was more difficult for chemical vapors to move through soil and into buildings than it actually is.

"The models applied in the past under-predicted the potential that [toxins] could emerge and get into indoor spaces," said DEC Commissioner for Air and Waste Management Carl Johnson.

In addition, new toxicity information has shown two chemicals trichloroethene, or TCE, and tetrachloroethene, or PERC were more dangerous than previously thought.

This means that for thousands of people around the state, their risk of everything from respiratory ailments to cancer has just become more extreme.

The DEC wants to retest 421 sites including 14 in the city because of their concentration of TCE and PERC or their proximity to schools and homes.

The agency won't say when the air and soil testing will begin but has said it may call on owners of the contaminated sites to pay for the retesting and additional costly cleaning even though they were told their cleanup work was done.

"They are opening a big can of worms," said James Periconi, former chair of the environmental-law section of the state Bar Association, who predicted a raft of lawsuits from property owners unwilling to do more clean-up and homeowners exposed to toxins.

The 14 city sites include six adjacent to homes and two near or below schools.

On 99th Street in Ozone Park, Queens, PS 65 sits across the street from a former manufacturer of airplane parts that spilled hundreds of gallons of TCE, a degreaser and carcinogen, into the ground.

The area was cleaned and tested, but as the state has learned, there could still be toxins rising into the school.

"That's very scary," said Jackie Mendez, who was picking up her niece Jennifer. "The testing should be done quickly so it doesn't hurt the kids."

At Holy Child Church on Staten Island, which runs a preschool and sits atop another prioritized site with TCE and other chemical contamination, parishioners were looking for answers.

"I've always been worried about it," said Annette Hernandez, who also lives next to the site. "But they did some work on it and said everything was fine."

The miscalculation first became apparent at a site in Colorado five years ago, where, based on scientific modeling, officials believed there was no threat of vapor intrusion. Testing in the field proved otherwise.

The issue hit closer to home in 2003 in upstate Endicott, where the DEC similarly found the modeling was wrong at a site contaminated with industrial waste from an IBM plant.

The DEC is the first state environmental agency in the nation to take such a sweeping approach to retesting sites.

For NYPD Detective Leo Pereyra, the DEC's proactive approach just means more bad news.

Pereyra and his family bought their house in Glendale, Queens, a year and a half ago.

A guilt-ridden real-estate agent told them after closing that a former drycleaning warehouse next door had leaked perhaps thousands of gallons of PERC a carcinogenic chemical into the ground and under his home.

Pereyra had equipment installed in November 2003 in his basement to vent vapors collecting there. With news of retesting at the site of the spill, he's unsure if the equipment is doing the job.

"We felt comfortable because we installed the system," he said. "My wife is pregnant now with our second child. Now this is starting all over again. Is this system doing its job or are we being exposed again?"

Copyright 2005 NYP Holdings, Inc. All rights reserved.

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Grand Jury Accuses W.R. Grace of Hiding Cancer Danger from Miners, by Bob Anez, Associated Press, February 7, 2005

http://www.billingsgazette.com/index.php?display=rednews/2005/02/07/build/state/20-libby.inc
 
MISSOULA -- W.R. Grace and Co., along with seven of its senior employees, conspired for decades to hide the health dangers posed by the company's asbestos-laced vermiculite mined near Libby, Mont., and intentionally exposed mine workers and others in the small town to illness and death, a federal grand jury indictment released Monday charges.
 
In the 10-count indictment, top Grace executives and managers are accused of intentionally keeping secret numerous studies spelling out the risk cancer-causing tremolite asbestos posed to its customers, employees and Libby residents.
 
The indictment also accused Grace and Alan Stringer, former manager of the now-closed mine, of trying to obstruct efforts by the U.S. Environmental Protection Agency to investigate the extent of asbestos contamination in the Libby area beginning in 1999. Additional charges in the indictment include wire fraud and violating the federal Clean Air Act.
 
The company, based in Columbia, Md., did not immediately comment Monday on the charges. However, Grace disclosed last October that it was under investigation.
 
Asbestos contamination in Libby came to light in 1999 after national news reports first linked the pollution from a nearby vermiculite mine to the deaths of nearly 200 people and illness in hundreds more. The vermiculite was used in a number of household products, including home insulation.
 
The EPA began its investigation shortly after news of the asbestos-related deaths became public. Since then, the agency declared the area a Superfund site and has spent more than $55 million on cleanup so far.
 
Grace has appealed a federal judge's ruling that it must repay the EPA that entire amount for cleanup. That dispute is ongoing.
 
In addition to the company and Stringer, those named in the indictment are Henry Eschenbach, former health official for a Grace subsidiary; Jack Wolter, a former executive for Grace's construction products division; William McCaig, former general manager of the Libby mine; Robert Bettacchi, a senior vice president of Grace; O. Mario Favorito, chief legal counsel for Grace; and Robert Walsh, former Grace vice president.
 
The company could face a fine of up to $280 million, twice the amount of after-tax profits the government alleges W.R. Grace realized from the Libby mine, according to the Justice Department.
 
Stringer could be sentenced to as many as 70 years in prison, while Wolter and Bettacchi face maximum prison terms of 55 years. The other defendants could get 5 years in prison.
 
The government claims that not only did the defendants keep secret the health dangers posed by the vermiculite mined at Libby, they hampered federal government efforts to protect the public from such risks.
 
As early as 1976, the company knew of lung health problems among its employees at the mine, according to the indictment.
 
Grace executives also had reports or studies warning of the dangers of asbestos vermiculite exposure in 1977, 1980, 1981, 1982, the indictment alleged. At one point, it said, Eschenbach responded to one of the studies by writing in a memo: "Our major problem is death from respiratory cancer. This is no surprise."
 
Despite having that information, the indictment said, Grace officials told the EPA in 1983 that they knew of nothing to indicate their products posed a substantial threat to human health.
 
The company, knowing of the dangers from its product, provided vermiculite for a junior high school running track and as a base for an ice rink, the indictment said. It said Grace also sold or leased some of its contaminated properties to local residents for homes and businesses, for baseball fields and for city use.
When the EPA arrived in 1999, company officials lied about providing vermiculite insulation to local residents for their homes and businesses and failed to reveal the vermiculite was used on the school's running track, the Justice Department said.
 
As late as April 2002, in response to the EPA declaring a public health emergency in Libby, the company still insisted its vermiculite was not a risk to the environment and human health, the indictment said.
 
Copyright 2005 Associated Press.

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Lingering Threats: Contamination May Still Lurk Near Ground Zero, Part Three of Three, by Michelle Chen, The New Standard, February 7, 2005

http://newstandardnews.net/content/?items=1448&printmode=true

 
In the eyes of many people who live and work near the Manhattan site of the September 11 terrorist attacks, the government=s response to their demands for more testing and decontamination have been woefully inadequate.
 
Feb 7 - Scientific studies on the dust from the World Trade Center disaster and the people exposed to it suggest that not only the health effects, but also the contamination source itself may persist long after the initial impact. Activists are now calling on the federal government to implement plans to clean up leftover contamination and to fund research on and treatment for future health issues related to the September 11, 2001 terrorist attacks.
Advocates like Suzanne Mattei, New York executive of the environmental group Sierra Club, complain that the three-year effort to force the Environmental Protection Agency (EPA) to address these needs has yielded only half-baked, non-committal plans. She explained to The NewStandard that community members are understandably frustrated with "an agency that keeps proposing things that ordinary people in the community can immediately look at and shoot holes through."
 
 
Dangers in Settled Dust
 
The dust from Ground Zero was an extraordinary mix of chemicals -- not the type of dirt people can sweep away and forget about.
 
A study led by Dr. Paul Lioy of the Environmental and Occupational Health Sciences Institute published in Environmental Health Perspectives, reported that if not totally eliminated from surfaces, toxic dust could be re-suspended in the air long after September 11, and "if indoor locations are not cleaned properly, there is a potential for long-term inhalation contact or ingestion contact."
According to a 2002 study by NYU's Department of Environmental Medicine, fine particulate matter "dominated the WTC impacts, as the cleanup operations proceeded, 'kicking up' WTC dust at the same time." The EPA's own Office of Research and Development issued a report one year after the collapse stating that "Individuals visiting, residing, or working in buildings not adequately cleanedY could have been subjected to repeated, long-duration exposure to many of the components from the original WTC collapse," especially pulverized glass and metals.
 
These dangers are not new discoveries. Both the EPA and independent environmental scientists began collecting and analyzing air and dust samples within days of the attacks and continued over the next several months. By September 28, the EPA established a WTC Multi-Agency Database to manage environmental monitoring data from both city and federal agencies.
Nevertheless, the EPA had taken only six test results from WTC dust when then-chair Christine Todd Whitman announced on September 13, "EPA is greatly relieved to have learned that there appears to be no significant levels of asbestos dust in the air in New York City." And even as monitoring data showing elevated contamination became available, the EPA's safety messages remained consistent, countering media reports and growing public awareness of health problems associated with the downtown air quality.
 
Within a week of the collapse, with fumes still wafting through the air, the EPA and the New York City Department of Health (DOH) was encouraging people to reoccupy apartments and offices in local buildings. DOH guidelines for residents and workers preparing to reenter buildings stated that ordinary household cleaning with a wet cloth would be sufficient to get rid of WTC dust. DOH officials also recommended vacuuming using a "high efficiency particulate air filter" to minimize dust, even though earlier EPA studies determined that this technique is insufficient for removing asbestos from indoor environments.
 
As late as May 2002, with the Ground Zero clean-up drawing to a close, the EPA was publicly claiming that asbestos test results either did not detect asbestos or "found levels well below the standard that EPA is applying."
 
But critics, both independent of and within the agency, charge that the EPA ignored alarming test results and, in some cases, selectively applied testing criteria to mask the dangers of contamination.
Cate Jenkins, a research chemist with the EPA's Hazardous Waste Identification Division, criticized her Agency's use of a relatively high industrial benchmark for determining "asbestos containing material."
 
Noting that this benchmark is not a health standard, Jenkins pointed to EPA research showing that indoor materials containing as little as 0.1 percent asbestos could pose a health risk. Similarly, the EPA used an airborne asbestos standard of 70 structures per square millimeter, which in fact allows for a cancer risk several thousand times higher than the Agency's own designated acceptable risk level.
 
A 2003 evaluation by the EPA Inspector General's office pointed out that even these flawed benchmarks were exceeded in the Agency's tests on scattered WTC dust. The EPA's released data shows that in the week following the collapse, 25 percent of the samples exceeded the one-percent asbestos level, and this figure soared to 35 percent over the next month.
 
Jenkins's report also asserted that the Agency chose a "cheap, antiquated method" of asbestos testing over the more sophisticated electron microscope technique, which it used on its own Lower Manhattan headquarters after September 11.
 
In the days following the attacks, the Ground Zero Elected Officials Task Force, a committee of state and city leaders, independently tested two local apartments for asbestos using the electron microscope method and discovered levels up to 47 and 64 times higher than the typical level for urban buildings, according to a report on the environmental aftermath of 9/11 published by the Sierra Club.
The New York Environmental Law & Justice Project's (NYELJP) independent tests in the area also indicated asbestos concentrations far exceeding the "safe" levels of under one percent that the EPA was publicizing.
Congressman Jerrold Nadler (D-New York) issued public statements in March 2002 that denounced the EPA's "reckless and illegal response" to the disaster. He accused the agency of "downplaying its own findings, and ignoring other contradictory findings." Crucial EPA air sampling data, he noted, was not even publicly available until the NYELJP filed a Freedom of Information Law request to obtain it.
 
 
Cleaning Up the Mess
 
Environmental activists, community health advocates and labor groups have struggled to raise public awareness of the indoor contamination issue, urging the EPA to take responsibility for past misconduct and also to establish a comprehensive, federally funded clean-up program for Ground Zero and all exposed surrounding areas.
 
In the fall of 2002, the EPA did undertake an indoor professional clean-up program, open to residents on a volunteer basis. However, the program ended up cleaning only 4,100 out of the estimated 20,000 to 30,000 residences in the designated clean-up area. No public program was available for cleaning non-residential buildings or businesses.
This December, the New York Commission for Occupational Safety and Health the EPA to conduct a thorough asbestos abatement procedure throughout the several-mile radius around Ground Zero.
 
Avocates point to the Deutsche Bank building on Liberty Street, next to Ground Zero, as just one example of the environmental hazards lingering in structures that absorbed toxins emitted in the disaster. Independent tests on the location -- fifteen stories of which were damaged by the collapse of the towers -- and on a neighboring Deutsche Bank building revealed inhalable asbestos particle concentrations 45 and 35 times higher than average concentrations in outdoor air.
 
The contamination included longer asbestos fibers that pose the additional danger of causing lung tissues to rupture. Scientists of the specially commissioned Deutsche Bank Health Group reported in their 2004 health-risk assessment of the Liberty Street building that airborne and dust concentrations of lead, mercury, and other damaging substances "exceeded their respective health-based benchmarks by anywhere from 1.2 to 634 times."
 
Community members have expressed concern not only over the conditions inside these buildings, but health threats to the surrounding neighborhood as the building owners move forward with plans for demolition as part of the World Trade Center area's redevelopment.
 
Responding to public concerns, US Senator Hillary Clinton (D-New York) and Representative Jerrold Nadler (D-Manhattan) in turn pressured the EPA, which has promised to devise a new clean-up plan in conjunction with the WTC Expert Review Panel, an appointed advisory group of scientists and occupational health specialists.*
 
Community representatives have issued several demands before the panel, including that "where test results warrant, EPA will decontaminate not only the tested buildings but the neighborhoods affected by 9/11 contaminants," that the range of the testing and clean-up be expanded to include Brooklyn and other parts of Manhattan, and that the EPA support public health monitoring and treatment programs related to contamination.
 
The planning process for full-scale decontamination, stymied by political tensions between the agency and community members, has lumbered on for nearly a year, and some are losing hope that the EPA, given its track record, will finally meet its purported goals.
 
Michael Brown, an EPA associate assistant administrator for research and development, said the agency intends to carry out the plan it is currently drafting as soon as possible. "We wouldn't have a sampling plan if we didn't intend to implement it," he told TNS.
Asked about the timetable of the process, Mary Mears, the EPA's regional spokesperson, said that the EPA would "definitely" conduct at least one round of environmental tests in Lower Manhattan, "but when that starts is really going to depend on how long it takes us to finalize the plan." She added, "There's no date certain."
 
However, Hugh Kaufman, a former chief investigator for the EPA Ombudsman's office, which was dissolved after it publicly criticized the Agency's handling of the disaster, called the panel "a political set-up to buy time, because they [EPA] don't want to do what they're required to do, which is clean up New York."
 
The panel itself is limited to an advisory role, Kaufman noted, so the EPA ultimately has the last word on how the clean-up will be implemented, if at all. When asked if he foresaw the EPA moving forward with the clean-up plan in the near future, he replied, "With this administration? Don't hold your breath."
 
Suzanne Mattei of the Sierra Club said local advocates were watching the EPA carefully to ensure the Agency's accountability. "We need to hear a real commitment from EPA that they're going to follow through on this and this isn't just window dressing," she said. Although she is hopeful that a clean-up plan will eventually materialize, Mattei cautioned: "The question in my mind is, how much will they listen to the community on the design of that program? Because it's very easy to put forth a plan to find nothing."
 
 
A Hazardous Precedent
 
With the smoke all but cleared from Ground Zero, both researchers in the scientific community and activists have acknowledged that the chaos wrought by the collapse of the World Trade Center created unimaginable obstacles to public health and security, making a coordinated response extremely difficult.
 
Reflecting on the disaster response effort in a 2003 assessment by the National Environmental Health Association, Dr. Lioy conceded, "No agency was prepared to deal with devastation of this magnitude in a major urban area." The issue that lingers, however, is whether the government has done all it can to fulfill its responsibility to people affected by the disaster.
 
Critics of the government response argue that regardless of whether the worst is behind New York or yet to come, the EPA must at any rate respond to community demands both to protect the public and to regain its trust.
 
"There's no question that they didn't do enough originally," said David Yassky, a member of the New York City Council representing Brooklyn, who has demanded that the EPA's future clean-up effort include his borough. Brooklyn has so far been excluded from decontamination measures, although the smoke plume from the towers passed over head for days. "What's done is done in terms of how they acted in the immediate aftermath of September 11," he said. "But now they should do what's required, what's merited."
 
In March 2004, workers and residents brought a lawsuit against the EPA for allegedly misinforming the public and failing to address public health hazards. Citing the Presidential Decision Directive 62 of 1998, which assigns the EPA the burden of handling environmental contamination resulting from a terrorist attack, the plaintiffs argued: "In choosingY to make material misrepresentations, and to supply and endorse unsafe cleaning instructions, [the EPA] knowingly created a health risk to the public that was foreseeable and that was independent of, and in addition to, the risk created by the WTC Collapse itself."
 
Kimberly Flynn, a leader of the community advocacy group 9/11 Environmental Action, said thousands will continue to suffer indefinitely because federal and city agencies ignored and covered up the dangers of Ground Zero for three years. Even if future testing shows that most of the pollution has cleared, she said, that does not mean the threat is gone, because "people remove those contaminants the old-fashioned way: in their lungs."
 
While environmental activists mobilize around current health issues, they are also raising awareness of past mistakes to make sure the EPA acts responsibly in the future, especially since the White House has recently moved toward further centralizing its control over federal disaster response.
 
From the perspective of those who believe that the government has contributed to the injustice of the September 11 attacks, the collapse of the Twin Towers did more than symbolize the beginning of a new political era for the United States; it set a dangerous precedent of unaccountability, allowing authorities to prioritize maintaining public order over protecting public health. Flynn warned, "This absolutely must never happen again, anywhere."
 
Part One of this series: Ground Zero: The Most Dangerous Workplace was published on January 24, 2005.
Part Two of this series: Caught in the Smoke: Employees, Residents Cope With 9/11 Fallout was published on January 31, 2005.
 
* The version of this article originally posted contained a superfluous sentence mistakenly inerted by an editor during the final editing process. It said that there were no signs that the EPA had such a plan in the works. The EPA insists it has such a plan in the works, but activists are concerned that it may not be forthcoming, or it may not be adequate.

Copyright 2005 The NewStandard. See our reprint policy.

Online sources used in this feature article:
Environmental Health Perspectives: "Characterization of the Dust/Smoke Aerosol that Settled East of the World Trade Center (WTC)..."
Environmental Protection Agency: "EPA's WTC Residential Confirmation Cleaning Study"
NY Committee for Occupational Safety and Health: ">Gold Standard= for Remediation of WTC Contaminations"
9/11 Environmental Action: "7 Principles Letter and other documentation from 9/11 Environmental Action"
Senator Hillary Clinton: "Clinton Joins Announcement of EPA World"
Gotham Gazette : "Helping 9/11 Rescue Workers"
Sierra Club: "Air Pollution and Deception at Ground Zero: How the Bush Administration's Reckless Disregard of 9/11"
 

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E.P.A. to communicate more on Albany St., by Ronda Kaysen, Downtown Express, Volume 17 • Issue 36 | February 4 - 10, 2005

http://www.downtownexpress.com/de_91/epatocommunicate.html

The Environmental Protection Agency plans to dole out any information it gets about contamination at 4 Albany St. to Community Board 1.

Heeding concerns from local residents about possible contamination from the demolition of the Deutsche Bank-owned building, the agency will report any contamination alerts to C.B. 1 as it receives them. In a Jan. 19 closed meeting between representatives from the E.P.A. and C.B. 1, the two groups hammered out a plan to improve lines of communication should one of the monitors at the World Trade Center disaster-damaged building detect contamination levels that meet the E.P.A.’s work stoppage criteria.

"If there is an exceedence that’s not a blip, meaning there’s lead or asbestos and it’s going on for a few days, then we will need to notify people and give them the opportunity to decide what they want to do about it," Madelyn Wils, C.B. 1 chairperson, said in a telephone interview. "If that should ever occur we would want to go on a building by building basis to notify people."

Wils expects a notification process to be a joint effort between the board, the E.P.A. and the Downtown Alliance, a Business Improvement District.

Wils may be confident that the new E.P.A. measures will improve lines of communication between the community and the agency, but others are less optimistic. David Newman, an industrial hygienist for the New York Committee for Occupational Safety and Health Administration and a vocal critic of the 4 Albany St. demolition, was unaware of the new agreement.

"I speak to a large number of community activists on a daily basis, none of whom has mentioned any new provisions," he said. "So I have to assume that community activists have not been included in the process and are not aware of it and that gives me pause."

Deutsche Bank began demolishing the 10-story building in December as a condition of sale to developer Joseph Moinian. Because the company is not relying on public funding for the demolition, it is not obligated to participate in a public review process like the nearby Lower Manhattan Development Corporation-owned Deutsche Bank building at 130 Liberty St.

Contamination monitors surround the building and sit atop its roof, alerting workers if contamination levels exceed E.P.A. standards. Deutsche Bank-hired environmental consultants send daily reports to the E.P.A.

At a Jan. 10 C.B. 1 meeting, board members and neighborhood residents expressed concern to Deutsche Bank representatives that no community response system was in place should a contamination crisis arise.

"We don’t have any information of what’s happening at 4 Albany St.," Newman said. "They’re chugging along quite rapidly and we don’t know anything about their plans at 4 Albany St. There’s been no public process at all."

There has already been one incident that stopped work at the site. On Jan. 7, the Albany St. monitor detected a lead exceedence, causing a work stoppage. Mary Mears, a spokesperson for the E.P.A. contacted Wils to alert her to the news.

"I went ahead and called Madelyn Wils and that’s when she and I decided we better formalize this more," Mears said.

Work on nearby Con Edison wires, not the Deutsche Bank demolition, caused the lead exceedence.

Despite the new measures, Mears does not expect a major incident requiring an evacuation to ever occur because the numbers are based on a full year of exposure, 24 hours a day, seven days a week.

"The likelihood that [an exceedence] would actually mean that a block would have to be evacuated is extremely slim," she said.

Newman, however, is reluctant to trust the E.P.A.’s risk assessment. "I’d like to see their hazard assessment and risk assessment so I can evaluate [Meers’] comments," he said. "I can’t evaluate them in the absence of information. Her characterization of the situation is not helpful in the absence of data."

Ronda@DowntownExpress.com
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Deutsche Plan must change, agency rules, by Ronda Kaysen, Downtown Express, Volume 17 $ Issue 36 | February 4 - 10, 2005

http://www.downtownexpress.com/de_91/deutscheplan.html

The Lower Manhattan Development Corporation intends to respond within a few weeks to the Environmental Protection Agency’s extensive criticisms of its draft plan to deconstruct the former Deutsche Bank building at 130 Liberty St.
 
On Monday, the E.P.A. released a critical assessment of the L.M.D.C.’s plan to raze the World Trade Center disaster damaged building, which, according to the E.P.A.’s findings, still has the "significant potential for releases of contamination."
 
The plan ­ prepared by the Gilbane Building Company, the contractor hired by L.M.D.C. to demolish the building ­ "needs to be materially strengthened in several principal respects," Pat Evangelista, W.T.C. coordinator for the E.P.A., wrote in his comments.
 
Joanna Rose, L.M.D.C. spokesperson, expects the corporation to release alterations to the plan for the 40-story building in the "near weeks."
 
The E.P.A. pointed out significant deficiencies in the plan’s air monitoring system, the emergency action plan and the list of hazardous materials, noting the need to monitor additional toxic contaminants and include fine particles in its sampling.
 
Considered by the E.P.A. to be the "most heavily damaged structure remaining after the terrorist attack," studies show that the 1.4 million sq. ft. building is contaminated with high levels of asbestos, lead, trade center dust and other contaminants.
 
"We fully expect the L.M.D.C. to take all of our suggestions into account and to come back with a revised plan that hopefully will meet what we feel are the needs of the people of Lower Manhattan," said Mary Mears, an E.P.A. spokesperson. "Our goal is to make sure that whatever they do is done in a fashion that reduces the risk of contaminants being released into the environment and put into a place where the community or workers could be exposed."
 
The New York State Department of Labor, the City Department of Environmental Protection and the State Department of Environmental Conservation weighed in with their own findings, noting insufficient measures taken to clean up asbestos, a D.E.P. controlled toxin.
 
The L.M.D.C. originally had hopes of dismantling the building in 2004 and the E.P.A.’s findings will, in all likelihood, delay the demolition process further, even if the corporation makes a speedy turnaround.
 
"We’ve always maintained that our first priority will be to fulfill the commitment to the community and the residents and the workers so we’re not working on a specific timeline," Rose said. The corporation purchased the structure last August from Deutsche Bank intending to raze it. "The deconstruction will begin once we have an approved plan," she added.
 
Community advocates met the long-awaited E.P.A. response with relief and calls for further agency involvement. "I'm glad the E.P.A. reviewed it [the plan] I'm glad that the L.M.D.C. said they're going to modify the plans to the E.P.A.'s recommendations," said U.S. Congressmember Jerrold Nadler.
 
But Nadler, a longtime critic of the World Trade Center disaster cleanup effort, expressed concern that the E.P.A. is not taking a more active role in the building's deconstruction effort.
 
"I am unsatisfied that the E.P.A.=s recommendations are recommendations and not mandates," he said. "The E.P.A. has the legal mandate to clean up the toxic discharges from the result of a terrorist attack. It's their primary responsibility, they are the lead agency, and they should be doing it."
 
The E.P.A., however, does not see the benefit in mandating the L.M.D.C. to act. AThat=s not the way that we work with other entities and other agencies. We don't mandate that they do things unless we feel that there=s a reason to believe that they won't do them," Mears said. The L.M.D.C., she pointed out, has indicated that it intends to respond fully to the E.P.A.'s suggestions.
 
"When we have an agency that has already said that they will do what we want them to do, why would we put our energies into finding legal means to mandate things when there's no need to do that at this point? We always reserve that right, but there's just no need to do it and I'm not sure if that would be a useful use of E.P.A.'s time or energies."
 
The E.P.A.'s comments, although a noble start, do not go far enough in addressing the needs of workers inside the contaminated building, according to David Newman, an industrial hygienist for the New York Committee for Occupational Safety and Health, a union-based non-profit group.
 
"I'm happy to see the E.P.A. step up to the plate here," he said. However, "There are some things that are missing. . . We need additional attention paid to emergency response plans, work plans and monitoring for the workers there, and the E.P.A. does not address that."
 
Paul Stein, health and safety committee chairperson for the New York State Public Employees Federation, a union representing 53,000 employees state-wide, has serious reservations about the corporation=s ability to clean up the site.
 
"The L.M.D.C. is deficient in all major areas. It's deficient in the area of containment, it's deficient in the area of removal, and it's deficient in the area of the contaminants," he said. His offices, with 625 employees, mostly from the State Department of Health, will relocate to 90 Church St., across the street from the W.T.C. site, in March.
 
"Our members would feel much better protected if the E.P.A. took overall charge of the demolition. The way the plan is set up now, there are so many different public agencies and private contractors that are involved and no one agency has the authority to enforce the standards that are necessary. The E.P.A. is the agency, which by law would have the authority to enforce very high standards if it actually took the responsibility to clean up the site."
 
The E.P.A., however, insists that it is the lead agency and its actions -- providing extensive suggestions for the L.M.D.C. and compiling the suggestions from the other regulatory agencies -- demonstrate that.
 
"We are working very closely with the L.M.D.C. and the other regulatory agencies and so far the process has been working," Mears said.
 
However, the E.P.A. is not the regulatory agency for all issues. The city's Dept. of Environmental Protection, for example, regulates asbestos and the Dept. of Labor regulates worker safety.
 
"There are things there that are pretty far a field from what the E.P.A. has any dealings with and certainly has any regulatory authority over," Mears said. ABut that doesn't mean that we as an agency can"t play a lead role, it just means that no one agency has all the various authorities that apply to a deconstruction."
 
 
Ronda@DowntownExpress.com
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Thousands Rally to Demand Low-Income Housing in City, by David W. Chen, New York Times, February 3, 2005

http://www.nytimes.com/2005/02/03/nyregion/03rally.html

Hoping to inject the topic of housing into the mayoral race, thousands of tenants, teachers, city employees, immigrants and clerics converged outside City Hall yesterday afternoon to demand more housing for the neediest New Yorkers.
 
Organizers estimated the crowd to be as much as 8,000; the police said the number was closer to 5,000. Still, advocates for low-income housing said that it was by far the biggest housing rally in the city in decades.
 
The two-hour rally included a series of fiery speeches from union leaders like Randi Weingarten, the president of the United Federation of Teachers, and Lillian Roberts, the executive director of District Council 37, the city's largest municipal union. Demonstrators hoisted placards and chanted slogans. They demanded that the city guarantee more low-income housing in rezoned neighborhoods, use surpluses from the Battery Park City Authority for housing, and restore home rule to the city over rent regulations and evictions.
 
The rally was not prompted by a single issue, or directed at any elected official in particular, unlike, for example, a large protest in Albany in 1997 over State Senator Joseph L. Bruno's suggestion that the rent regulation system be scrapped, which drew several thousand people.
 
Instead, the rally was a clear attempt by organizers to elevate housing as an election-year issue. And to hammer home the point, they have organized a coalition called Housing Here and Now that includes more than 100 community groups.
 
"We are sending a message to all mayoral candidates, as well as City Council candidates, that we don't want lip service," said Michael McKee, the associate director of Tenants and Neighbors, a statewide tenants' group.
 
Some participants refrained from criticizing Mayor Michael R. Bloomberg too harshly. Many housing groups say that they have been encouraged by the mayor's plan to build or renovate 65,000 units, though some they believe that the plan caters a bit too much to the middle class.
 
When asked about the rally, Carol Abrams, a spokeswoman for the Department of Housing Preservation and Development, said: "Mayor Bloomberg launched the city's most aggressive affordable-housing program in over two decades. We look forward to working with our partners at all levels of government and in the private and nonprofit sectors to build and preserve housing for more than 200,000 New Yorkers.@
 
Copyright 2005 The New York Times Company

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9/11 Sick and Injured Describe Ongoing Health and Financial Struggles, by Sandy Smith, Homeland Response, February 3, 2005

http://www.homelandresponse.org/full_story.php?WID=12948

A coalition of Ground Zero first responders, area residents, medical experts, and public offials met at Penn Station, before a trip to Washington, D.C. to speak directly to members of Congress to urge Washington leaders to improve the federal response to the lasting and significant health impacts of 9/11.
 
Specifically, the group focused on the need for Congress and the president to publicly acknowledge the long-term scope and and Volunteer Medical Monitoring Program, provide safety-net health treatment for those sick and injured from 9/11 but without adequate health insurance, and make the September 11th Victim Compensation Fund available to those whose illness or injury from 9/11 is emerging or growing worse over time, and for those who were never properly informed that they were eligible for compensation.
 
"The federal government is failing in its response to the 9/11 health emergency, people are suffering as a result, and time is slipping away to deliver needed help to first responders and those who live and work around Ground Zero," said Rep. Carolyn Maloney, D-N.Y..
 
The EPA failed to protect thousands of people's health following the attacks on 9/11, believes Rep. Jerold Nadler, D-N.Y. "The president must pursue the only appropriate course of action in the face of such negligence: the federal government must take responsibility for the care of these victims, and the EPA must take concrete action to prevent even more illness by properly monitoring and controlling further demolition at Ground Zero," he added.
Dr. Stephen Levin, MD, medical director of the Mount Sinai Center for Occupational and Environmental Medicine, said his facility continues to see patients with serious and persistent upper respiratory, lower respiratory, mental health and other effects. "Much more remains critically needed to support the comprehensive evaluation and treatment of World Trade Center responders, and others," said Levine, adding, "all those who today and possibly in the future find themselves seriously ill as a result of the September 2001 terrorist attacks."
 
A member of the International Union of Operating Engineers, Local 15, described the injuries he sustained during the rescue, recovery and clean-up of 9/11. He claimed that due to the amount of dust, smoke and toxic chemicals released after the collapse of the WTC, the paper dust mask, which was all the protection given to him, was "useless." As a result of his exposure, he added, he became ill and in February 2002, he was hospitalized.
 
"Soon after, I was diagnosed with Restrictive Airway Disease, Hepatitis C, Sinusitis and Gastric Reflux Disease," he said. "And due to the pressure caused by the impacted sinuses, my left ear drum collapsed causing hearing loss and a constant ringing sound. I had always been healthy and active but when I was diagnosed with all of these medical problems, depression set in and it too required medical attention."
 
Joel Shufro, executive director of the New York Committee for Occupational Safety and Health, noted that in addition to providing health care for all the workers and the residents who are sick because they were exposed to 9/11-related contamination, efforts must be made to ensure that no one is exposed to toxic material in the future. "There are at lease three buildings near the WTC that must be demolished because they were so badly contaminated on 9/11," Shufro pointed out. "The workers who do the demolition and everyone who lives near the buildings are going to be at risk of exposure the toxic contamination. In order to make certain that the no new exposure takes place, these unprecedented demolition jobs must be performed with the utmost care."
 
He said it is essential that EPA and OSHA take the initiative to closely oversee the work. "If they fail to do so, and workers and residents are unnecessarily exposed, the government agencies will not be able to say that they weren't aware of the hazard until it was too late," said Shufro.
 
Maloney's office has compiled a summary of recent medical findings about ongoing 9/11 health effects, which can be accessed at www.house.gov/maloney/issues/Sept11/020105researchsummary.pdf .
 
Copyright 2005 Penton Media, Inc.

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Appellate Court Reject Landlords' Challenge to New York City's Childhood Lead Poisoning Prevention Law, February 3, 2005
 
Late this afternoon, a 5 judge panel of the Appellate Division (First Department) unanimously rejected a challenge brought by landlords and landlord organizations to New York City=s new Childhood Lead Poisoning Prevention Law (Local Law 1 of 2004).
 
The judges, affirming an earlier, September 1, 2004, decision of Supreme Court Justice Louis York, rejected as wholly Aspeculative@ the landlords= Aclaim ... that the local ordinance will lead to a reduction in affordable housing and an increase in cases of lead poisoning.
 
They also affirmed the law's rebuttable presumption of lead in paint in older buildings built before the 1960 ban on the sale of lead paint --the vast majority of NYC housing. AThe rebuttable presumption ... is rationally supported and does not violate due process, the Court said.The landlords had brought the suit against speaker Gifford Miller and the rest of the City Council in April of 2004. The New York City Coalition to End Lead Poisoning (ANYCCELP@) and numerous tenant and environmental organizations intervened in the case to help defend the new law, after the City=s Corporation Counsel took the extraordinary step of refusing to defend it.
 
The chief sponsor of Local Law 1, Deputy Majority Leader Bill Perkins, said AThis is a victory for all the children of New York. The decision unanimously rejected the landlords= arguments that the sky would fall, and therefore they should obey the law. I call on the Mayor, despite the fact that his lawyers refused to defend this law, to urge landlords to comply.
 
Matthew Chachère of Northern Manhattan Improvement Corporation, who represented NYCCELP and the other advocates in the litigation, agreed. AThe Court did not buy in the slightest the arguments from the real estate industry -- the same fear-mongering arguments the Council correctly rejected in 2003. A year later, there is not the slightest evidence substantiating the dire predictions of property abandonment or increased risks to children from a law designed to protect them.
 
Cordell Cleare, co-chair of NYCCELP and parent of a child affected by lead, said ANew Yorkers can be proud that we have a model law in place to protect our children. We can prevent the permanent injuries of lead poisoning from happening to countless others.
 
The two decisions are available at www.nmic.org/nyccelp/documents/RSA-CPC/Decision-RSA-Appeal.pdf and ww.nmic.org/nyccelp/documents/RSA-CPC/Decision-CPC-Appeal.pdf

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Congress Members Request Health Care for 9/11 Rescue Workers, Residents, by Jessie Bonner, Kansas City Infozine, February 02, 2005

http://www.infozine.com/news/stories/op/storiesView/sid/5673/

The thousands of people exposed to the dust and debris that fell after the attacks on the World Trade Center three years ago are still in desperate need of medical attention, said Rep. Carolyn Maloney, D-N.Y., Wednesday.

Washington, D.C. - Scripps Howard Foundation Wire - "The president told us that he would never forget," said Maloney, who was joined at a press conference by people who lived and worked near Ground Zero and have contracted respiratory illnesses."Even with thousands still sick, the federal response is still woefully inadequate," Maloney said.

The group traveled to Washington to attend President Bush's state of the union address and to call on lawmakers to create a long-term health insurance program for those who are suffering from exposure to dust, smoke and toxic chemicals released after the collapse of the World Trade Center."

Tonight, they will put a face to the numerous health effects of 9/11," Maloney said.A study by the Government Accountability Office estimated the dust and debris could have affected 250,000 to 400,000 people.Of the 61,087 people listed with the World Trade Center Health Registry, nearly half said they had experienced shortness of breath and sinus problems. More than a third reported problems with wheezing, a persistent cough and throat irritation.

Rep. Jerrold Nadler, D-N.Y., called the Bush administration's response to the dust and asbestos contamination in several downtown New York buildings "criminal negligence." He urged the Environmental Protection Agency to carry out a comprehensive cleanup of buildings affected by the fall of the World Trade Center. He said some contaminated buildings should be torn down. Nadler, whose district includes Ground Zero, said, "The EPA is mandated by law to clean up buildings after a terrorist attack."

Kelly Colangelo, who lived 12 blocks from the World Trade Center, said she has suffered from rashes, headaches and chronic coughs. "Over the years, my life has been busy with doctors visits," Colangelo said, adding that she wondered if she would be part of a cluster of cancer victims in 10 to 15 years because of her exposure to hazardous materials. Colangelo was a plaintiff in a lawsuit against the EPA filed by a group of recovery workers and downtown residents to demand further testing and cleanup as well as the creation of a fund to pay for medical monitoring.

People who sought help due to exposure to dust and other potential health hazards near Ground Zero have received $380 million in government compensation, according to a study released by the Rand Corp. in November. The study, among the most comprehensive accounts of compensation paid to individual victims and businesses by public and private agencies, found that "a major unknown is whether resources will be available to pay for health care for respiratory injuries that might appear in the future."

Maloney said she has reintroduced a bill to expand federal health insurance for downtown residents to cover their physical and psychological treatments and the cost of prescription drugs.The Remember 9/11 Health Act, first introduced in March 2003, would increase the number of people being monitored from 12,000 to 40,000.

ISSN 1082-7315 - 8 1994-2005 INFOZINE 7 A REGISTERED TRADEMARK.

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The LMDC is playing games with the Toxic Tower, by Joel Kupferman, amNewYork, February 2, 2005

http://www.nynewsday.com/other/special/amny/ -see archives

Deutsche Bank spent $33 million to try to prove that 130 Liberty Street was unfit for humankind after the 9/11 attacks left the lower Manhattan building filled with toxic chemicals. A combination of contaminants known to be hazardous to human health, unparalleled in any other building designed for office use, permeates the entire structure," Deutsche Banks lawsuit against insurance companies said.

But LMDC President Kevin Rampe wanted this data to go away without discussion. But as a seasoned environmental attorney, I couldn’t let that happen especially after I heard one of his project managers tell the community board that they did not have the data on these dangers. However, after finally admitting the data existed the LMDC suggested it was tainted. The results of their testing would be different, they insisted.. We put forth one Freedom-of-Information request after another. and served an Intent-to-Sue: letter to Deutsche Bank and the LMDC last July. We urge that ultimate clean-up methods be used, like HAZWOPER.

Inspection of the site revealed an open gate to the subway emergency air-intake. Also, the subway grating along the west side of the building was visible. The grates alone allow the 1 and 9 train to whisk dirty air to the tracks and into the 1 and 9 riders lungs.

We invited the LMDC to meet with the neighboring firefighters at a lower Manhattan firehouse, No. 1010. These were the same firefighters the LMDC forgot to invite to the first community outreach meeting. My call to the MTA revealed more LMDC disregard its failure to call the MTA themselves even though we told them too. We wonder why Rampe didn’t even mention the MTA in his opinion piece in amNewYork last week.

At the very least, the LMDC must give those firefighters at the 1010 house the HEPA vacuum cleaners that they need and requested to maintain their firehouse. The LMDC must also monitor and prevent any contamination of the firehouse by installing sufficient barriers/air control devices. A real emergency response plan is essential and must be enforced.

Two firefighters of the firehouse have recently left full service because of bad lungs. The LMDC must meet with federal, environmental and workplace regulators to establish the best possible plan to demolish the Deutsche Bank building. Doing the simply the minimum betrays the public trust.

Joel Kupferman is the Director of the New York Environmental Law and Justice Project

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Do Demolition Right, op-ed, by Joel Shufro, amNewYork, February 2, 2005

http://www.nynewsday.com/other/special/amny/ -see archives

Two months ago, when the Lower Manhattan Development Corporation released its health and safety plan for demolishing an office tower that was damaged and contaminated when the World Trade Center collapsed, I, and many colleagues in the occupational and environmental health movements and the Lower Manhattan community were dismayed.
 
We knew that the Deutsche Bank building at 130 Liberty Street is contaminated with an unprecedented mixture of asbestos, lead, mercury, mold, dioxin, PCBs and other extremely toxic materials. Only with careful planning could it be demolished safely. The LMDC plan was obviously inadequate. It’s focused only on removing asbestos, even though many other hazards are present. The LMDC would endanger demolition workers and the hundreds of thousands of people who live and work nearby. For example, there is a great deal of dioxin in the building, which is extraordinarily toxic. But the plan says nothing about protecting anyone from it.
 
The LMDC said that it would get the approval of all necessary government agencies, and it would follow all government regulations. As reassuring as that sounds, it does not mean the demolition would be safe, because no regulator ever anticipated demolishing a grossly contaminated office tower in the middle of Lower Manhattan. For example, as dangerous as dioxin is, there are no regulations to protect workers from it.
 
On Monday, when the Environmental Protection Agency and two New York state agencies published comments on the LMDC plan, we were pleased that they identified many of the plan’s shortcomings. We were also pleased when the head of LMDC said, "We will modify the plan in accordance with their comments." The agency comments and LMDC’s response are a big step in the right direction.
 
But LMDC must do more than comply with the regulators’ requirements. It must, for example, plan protection against dioxin, even if no regulator requires it. Ever since 9/11, regulators have done a miserable job of protecting workers and the community, because they have focused only on enforcing regulations. Because of the regulators’ passivity, there are now at least 6,000 people with serious respiratory symptoms, with scores of them totally disabled, and all facing a prognosis that is completely uncertain.
 
If the LMDC and the regulatory agencies will not go beyond the letter of the law, they should use the extraordinary powers of the city and state during a public health emergency, or the federal government should invoke Presidential Decision Directive 62, which gives the EPA extraordinary authority to deal with the environmental consequences of terrorism. The regulators’ responsibility will not end with 130 Liberty Street, because there are at least two more large buildings too contaminated to reoccupy.
 
Many of the workers and volunteers who responded to 9/11 and members of the community in Lower Manhattan have been permanently harmed, because regulators responded to an unprecedented situation with standard operating procedures. That was a mistake that must not be repeated.
 
Joel Shufro is the Executive Director of the New York Committee For Occupational Safety and Health

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Deutsche Bank Demo Will Be Safe, LMDC President Kevin Rampe Pledges Public Safety in Amnewyork Editorial Board Meeting, by Adam Hutton, amNewYork, February 3, 2005

http://www.nynewsday.com/other/special/amny/ –see page 2

 
Residents and workers in lower Manhattan should be assured that when the demolition of the Deutsche Bank building at 130 Liberty Street begins, plans for the project will safeguard the public health and environment, said LMDC President Kevin Rampe at an amNewYork editorial board meeting yesterday.
 
In a broad-ranging interview touching on the reopening of Park Row, the future of West Street and the progress of the Freedom Tower at Ground Zero, Rampe said the Lower Manhattan Development Corporation is going to great LMDC President Kevin Rampe (Kate George/amNewYork) lengths to meet the challenge of the unprecedented task of tearing down a skyscraper filled with toxic WTC dust. He also said the LMDC has worked to make the process transparent and accessible to the public.
 
Rampe said he personally shares the concerns of downtown residents who have repeatedly called on the LMDC and government regulators to keep them safe as the 40-story tower, which was severely damaged on 9/11, is cleaned up and torn down.
 
"We’re in uncharted territory," Rampe acknowledged. "No one has ever dealt with the mix of chemicals in WTC dust and there is a great deal of debate about what it means. And having been there on Sept. 11, 2001, and virtually every day since, I’m personally as worried as everyone else."
 
To help allay those fears, Rampe said the LMDC will increase the number of air monitors surrounding the site and apply containment strategies such as using negative air pressure and double layers of plastic to seal off work areas to more parts of the project. Both measures were suggested by the federal Environmental Protection Agency when it responded to the corporation’s preliminary plans for the tower this week. The EPA was critical of many aspects of the LMDC’s plan, particularly where safeguards to protect public health and environment were incomplete or completely missing.
 
The corporation will strengthen the safeguards and resubmit the plans to the EPA and other government regulators before work begins, Rampe said. But no amount of precaution will completely assuage the public’s concerns because of the hazardous nature of the chemicals, which include lead, mercury and asbestos that could pervade every nook and cranny of the tower both inside and out, he said.
 
The key, he said, is to do as much as possible to make residents feel like the LMDC is looking out for them, wants to protect their health, wants them to be aware both of the risks and the steps the corporation is taking to reduce the risks.
 
The LMDC’s plans for the new Deutsche Bank building are in flux, and the fruits of its return may not be seen for years to come.
 
"We can’t build for current economic conditions, we have to plan and prepare for when times are better," Rampe said. "The engines that are going to drive that are the world headquarters of Merrill Lynch, the world headquarters of American Express, the world headquarters of Goldman Sachs. Any city in the world would love to have any one of those companies, and we have them all within a block of each other."

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EPA: Plans to Demolish Building Are Dangerous, by Adam Hutton, amNewYork, February 2, 2005
 
http://www.nynewsday.com/other/special/amny/ -see archives
 
The Lower Manhattan Development Corporation’s plans to tear down the Deutsche Bank building at Ground Zero do not protect the public from toxic contaminants inside the 40-story building, according to a federal agency overseeing the project.
 
The plans are "not acceptable" as written and need to be "materially strengthened," in many significant ways according to the federal Environmental Protection Agency, which sent a critique of the plan to the corporation Monday after six weeks of review.
 
The agency studied the plan and highlighted health issues both inadequately addressed, such as neighborhood air monitoring, and completely glossed over, such as whether ceiling tiles and carpets which are filled with WTC dust will be treated for asbestos contamination before they are disposed of.
 
"It is evident that there is a significant potential for releases of contamination during both phases of deconstruction if appropriate safeguards are not implemented," said Pat Evangelista, the EPA’s WTC coordinator. "Safeguards for the prevention of releases of such hazardous substances must be employed to prevent a situation that may present an imminent and substantial endangerment to public health and the environment."
 
In the face of scrutiny, LMDC officials have often said the plan would be modified to address the EPA’s concerns and comply with all federal, state and local regulations. The corporation repeated that assertion yesterday after receiving the EPA’s critique.
 
"The LMDC will carefully review these comments and update the deconstruction plan accordingly," said spokeswoman Kate Millea. "The LMDC will work to respond to all regulatory agency comments that are received and develop a revised plan to resubmit to all regulatory agencies."
 
But that’s not good enough, said Dave Newman, an environmental health expert with the New York Committee for Occupational Safety and Health. Newman, who is also a member of the EPA’s WTC Expert Technical Review Panel, told amNewYork that the regulations are far from comprehensive and that the EPA’s comments about the plan don’t address all of the potential risks to public health.
 
"The EPA’s comments are right on target," Newman told amNewYork yesterday, "And they should be commended for this huge step forward, but their comments don’t address every outstanding issue." For example, with respect to contaminated carpet and ceiling tiles, the EPA notes that the LMDC’s plan should specify whether they plan to treat those materials for asbestos contamination, but it doesn’t require the corporation to do so, said Rep. Jerrold Nadler (D-Manhattan), a vocal critic of the plan.
 
"They shouldn’t be delegating that decision to the LMDC," Nadler told amNewYork. "They should demand that they treat materials which are contaminated with WTC dust for asbestos and other contaminants."

 

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Feds warn building demolition plan does not protect against contaminants, A.P., New York Newsday, February 1, 2005

http://www.newsday.com/news/local/wire/newyork/ny-bc-ny--attacks-redevelop0201feb01,0,4357701.story?coll=ny-region-apnewyork

NEW YORK (AP) _ The Environmental Protection Agency criticized a demolition plan for the defunct Deutsche Bank building near the World Trade Center site because it did not give enough protection against a potential release of contaminants.

An agency official said the Lower Manhattan Development Corporation should revise their plan and submit a "materially strengthened" plan to tear down the building on Liberty Street, which has not been occupied since it was badly damaged in the terrorist attacks of Sept. 11, 2001.

Analyses of the building have revealed high levels of asbestos, lead, dust from the trade center, and other contaminants. The LMDC purchased the building last year with hopes of dismantling it.

Officials from the development corporation pledged to factor concerns from the federal government into their plan to raze the building.

"We will modify the plan in accordance with their comments," said LMDC president Kevin Rampe in Tuesday editions of The New York Times. "That's why we're going through this process, so that we can incorporate the agencies concerns and assure that once deconstruction takes place, it occurs within regulatory requirements."

Information from:
The New York Times, http://www.nytimes.com/
Copyright © 2005, The Associated Press

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World Trade Center Properties LLC Appoints Aon Broker for Freedom Tower Construction, Press Release, PRNewswire, February 1, 2005

http://biz.yahoo.com/prnews/050201/cgtu050_1.html

NEW YORK, Feb. 1 /PRNewswire/ -- Aon Risk Services, Inc. has been appointed by World Trade Center Properties LLC, an affiliate of Silverstein Properties, Inc., as broker for insurance coverage related to the construction of the Freedom Tower in Lower Manhattan.(Logo: http://www.newscom.com/cgi-bin/prnh/20041215/CGW049LOGO)

The Freedom Tower is the 1,776 foot-tall building that will serve as the new soaring icon of the World Trade Center site. The July 4, 2004, groundbreaking ceremony marked the start of construction on what will be one of the world's tallest and greenest buildings. As with every building at the site, it will incorporate the highest standards of architectural design, life- safety, environmental sustainability and technology. As envisioned in the master plan, construction will be completed in 2009.

Patrick G. Ryan, chairman and CEO, Aon Corporation, said, "We are delighted to be working with the Silverstein team on a project that is so important to the people of New York and the Lower Manhattan business community."

"We are making great progress on one of the most important projects in New York City history," said Larry A. Silverstein, President and CEO of Silverstein Properties. "Aon is a welcome part of the team that is carrying on such important work."

Aon Risk Services, Inc., the risk management and insurance brokerage division of Chicago-based Aon Corporation, will arrange coverage for the construction as well as related risks, including builders' risk, general and excess liability, and workers compensation.e

Tanenbaum-Harber Co., Inc. serves as insurance consultant to World Trade Center Properties LLC. Walter L. Harris, Chairman of Tanenbaum-Harber said, "We are extremely pleased at the selection of Aon as broker. We feel their level of expertise in large construction projects and their presence in the marketplace makes them best suited to represent Silverstein Properties in insuring the construction of this historic project."

About Aon

Aon Corporation ( http://www.aon.com ) (NYSE: AOC - News) is a leading provider of risk management services, insurance and reinsurance brokerage, human capital and management consulting, and specialty insurance underwriting. The company employs approximately 51,000 professionals in its 600 offices in more than 120 countries. Backed by broad resources, industry knowledge and technical expertise, Aon professionals help a wide range of clients develop effective risk management and workforce productivity solutions.

About Silverstein Properties, Inc.

Silverstein Properties, of which World Trade Center Properties LLC is a part, is a Manhattan-based real estate development and investment firm that has developed, owned and managed more than 20 million square feet of office, residential and retail space located primarily in Manhattan. The firm also built the 3.1 million sq. ft. Ronald Reagan Building in Washington, DC, the largest privately developed office building in the United States, occupied entirely by the United States government.

In July 2001, Silverstein completed the largest real estate transaction in New York history by acquiring the 10 million sq. ft. World Trade Center, only to see it destroyed by terrorist attacks six weeks later on September 11. Silverstein has committed to the redevelopment of the World Trade Center site, including 7 World Trade Center, a 52-story, 1.7 million sq. ft. office tower to replace the original 7 World Trade Center that was destroyed.

The redevelopment of the site will have a substantial impact on the New York area economy. According to a report by the Lower Manhattan Development Corporation, "Rebuilding of the World Trade Center will generate $15 billion in total economic output in New York City and an average of 8,000 jobs each year for thirteen years."

This press release contains certain statements relating to future results, which are forward-looking statements as that term is defined in the Private Securities Litigation Reform Act of 1995. These forward-looking statements are subject to certain risks and uncertainties that could cause actual results to differ materially from either historical or anticipated results, depending on a variety of factors. Potential factors that could impact results include the general economic conditions in different countries around the world, fluctuations in global equity and fixed income markets, exchange rates, rating agency actions, resolution of pending regulatory investigations and related issues, including those related to compensation arrangements with underwriters, pension funding, ultimate paid claims may be different from actuarial estimates and actuarial estimates may change over time, changes in commercial property and casualty markets and commercial premium rates, the competitive environment, the actual costs of resolution of contingent liabilities and other loss contingencies, and the heightened level of potential errors and omissions liability arising from placements of complex policies and sophisticated reinsurance arrangements in an insurance market in which insurer reserves are under pressure. Further information concerning the Company and its business, including factors that potentially could materially affect the Company's financial results, is contained in the Company's filings with the Securities and Exchange Commission.

 
Contacts:
Gary Sullivan, Aon, +1.312.381.2467 or
Dara McQuillan, Silverstein Properties, Inc., +1.212.551.7352
Source: Aon Corporation; Silverstein Properties, Inc.

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The Ghosts of Ground Zero, by Katherine Stapp, Interpress News Service, February 1,2005

http://www.ipsnews.net/africa/interna.asp?idnews=27283

HEALTH-U.S.:

NEW YORK, Feb 1 (IPS) - When President George W. Bush gives his State of the Union address Wednesday night, he will undoubtedly mention the terror attacks of Sep. 11, 2001.

What he won't talk about, critics say, is the ongoing failure of federal watchdogs like the Environmental Protection Agency (EPA) to make downtown Manhattan safe for workers and residents, thousands of whom are still sick from exposure to toxins like asbestos, dioxin and PCBs.

"The EPA is mandated to clean up buildings contaminated in terrorist attacks, and the EPA has refused to obey the law," says New York Congressman Jerrold Nadler.

Nadler sent a letter to the president on Oct. 29, 2004 repeating concerns that "starting two days after the attack, the EPA initiated a strategy of misleading the public and providing false assurances about air quality."

A report by the EPA inspector general in August 2003 confirmed that agency officials had downplayed the dangers posed by poisonous dust and debris from the collapsed towers -- and that they had done so at the direction of the White House.

But more than a year after that report, the agency has yet to take substantive action, Nadler says, and the president has not responded to his letter.

In its defence, the EPA says it performed monitoring and sampling of air, dust, and river and drinking water. It also provided thousands of respirators to response workers, carried out studies of indoor cleaning methods, and cleaned and tested thousands of homes in lower Manhattan.

But Nadler and others believe that the EPA has largely shirked its mandate as the lead agency responsible for decontaminating the area, particularly the Deutsche Bank building next to the World Trade Centre, where testing has found asbestos levels 150,000 times higher than normal.

So the legislator is taking his complaints to Bush in person, along with representatives of health, environmental, community and labour groups, who plan to be a visible presence during the president's address before Congress.

Speaking at a press conference Tuesday in New York's Pennsylvania Station before boarding the train to Washington, Nadler said he and Rep. Carolyn Maloney would reintroduce legislation today to extend medical monitoring programmes and secure federal money to pay for treatment for victims that lack insurance.

They also want to make the September 11th Victim Compensation Fund available to people whose illness or injury is just emerging, or growing worse over time.

Many of the exposed workers sought help at the Mount Sinai Centre for Occupational and Environmental Medicine in Manhattan, which was given funding to screen workers involved in the clean-up and recovery efforts.

Of the 12,000 people seen so far, doctors have analysed the data from about 10 percent, and are disturbed by the findings.

"What is really striking is the high rates of respiratory problems seen in many of those workers two to three years later," said Dr. Steven Levin, co-director of the World Trade Centre screening programme, who joined Nadler at the press conference. "Many also have psychological problems like post-traumatic stress disorder."

"Funding has been renewed for our programme for another five years, but these people will have to be followed for much longer if we're to detect the cancers that could appear in 20 years," he explained.

Levin also emphasised that many patients have no insurance to pay for treatment, and the workers compensation system, a state-run programme to provide medical treatment and cash benefits for workers injured on the job, "has not been responsive".

Kevin Mount, a sanitation engineer who worked to clear the rubble, told reporters that his experience with the municipal workers compensation board was "one big runaround".

After being hospitalised in February 2002 and diagnosed with restrictive airway disease, hepatitis C, sinusitis, gastric reflux disease and depression, Mount had to fight for three years to get assistance.

"The attorneys for New York disputed each and every one of my injuries," he said.

During his time at the World Trade Centre site, Mount was exposed to "an overwhelming amount of smoke, dust and toxic chemicals, as well as human body parts".

"The paper dust mask -- which was all the protection given me -- proved to be useless," he said. Last November, the city terminated Mount's disability benefits, even though he had several letters from doctors confirming his medical problems.

Rescue workers and clean-up crews were not the only ones in danger. A study by New York University Medical Centre found that 25 percent of Lower Manhattan residents said they were still experiencing "persistent" respiratory symptoms a year after the attacks.

The World Trade Center Health Registry, a government-sponsored survey of over 70,000 people exposed to Ground Zero dust, has also reported high levels of physical and psychological illness.

"I am an example of a Manhattan office worker who will suffer from life-long lung damage because of exposure to World Trade Centre debris," said Robert Gulack, a senior attorney at the Securities and Exchange Commission, who has been chronically sick since he was told it was safe to return to his office one block from the six-story pile of smoking rubble.

After suffering repeated attacks of bronchitis and asthma, Gulack was diagnosed with reactive airway disorder and is currently taking five different prescription drugs for his lungs.

Independent testing performed in January 2003 on the elevators and air systems of his office building found asbestos concentrations of up to 850 times higher than the permissible level.

Gulack is also the representative for the National Treasury Workers Union, and he is pushing the EPA to carry out testing in downtown Brooklyn, where he says that thousands of workers and residents were also exposed.

"As matters now stand, the EPA's plan for cleaning up the World Trade Centre dust is to have New Yorkers inhale it into their lungs," he said angrily.

"Three years after we entered the Second World War, we had retaken France...Why was it easier to get the Nazis out of France than to get the EPA into Brooklyn?" (END/2005)

Copyright © 2005 IPS-Inter Press Service. All rights reserved.

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E.P.A. Crticizes Plan for Razing Bank Near Ground Zero, by David W. Dunlap, New York Times, February 1, 2005

http//www.nytimes.com/2005/02/01/nyregion/01rebuild.html

The federal Environmental Protection Agency warned yesterday that the draft demolition plan for the former Deutsche Bank building opposite ground zero does not adequately guard against a "significant potential for releases of contamination."

Pat Evangelista, the agency's World Trade Center coordinator, said the Lower Manhattan Development Corporation should revise and resubmit a "materially strengthened" plan to tear down the contaminated 40-story bank building at 130 Liberty Street. Studies have shown high levels of asbestos, lead, trade center dust and other contaminants in the building, which has not been occupied since Sept. 11, 2001. The corporation acquired it last year with the goal of tearing it down.

The demolition plan was prepared by the Gilbane Building Company, the contractor hired by the corporation to raze the structure. Since releasing the draft plan on Dec. 13, corporation officials have emphasized that the concerns of government regulators would be factored into the final version of the plan. They did so again yesterday.

"We will modify the plan in accordance with their comments," said Kevin M. Rampe, the corporation president. "That's why we're going through this process, so that we can incorporate the agencies' concerns and assure that once deconstruction takes place, it occurs within regulatory requirements."

Specifically, the federal agency said the current air monitoring plan for 130 Liberty Street is "not acceptable" because it is unclear which of its fragmented elements would be followed during demolition.

The agency called for the sampling of particles 2.5 microns in diameter - 1/30 the width of a human hair, which are believed to pose the greatest health risk ."It is essential that these emissions be controlled and do not further contribute to the already unhealthful levels of fine particles in Lower Manhattan," the agency said in its comments.

Air monitors should be placed around the residential areas of Battery Park City, nearby schools and commercial areas, the agency said.

The agency urged that work areas at 130 Liberty Street be enclosed and kept under negative air pressure when wallboard, sprayed-on fireproofing, bathroom fixtures, built-in shelving and small pieces of equipment are taken out.

Because some windows will already have been removed and dust will have been stirred up, this work "would increase the risk of releases of contaminants into the environment if containment is not utilized," the agency said.

Speaking about a proposed debris chute, the E.P.A. said, "We are concerned that the disposal shaft not be a source of dust release."

The agency criticized the draft plan because it "does not provide any information on the manner in which mold and bacterial contamination will be addressed." It said the outline of emergency procedures did not discuss plans with local hospitals.

Under law, the agency said, the development corporation will be regarded as a generator of hazardous wastes along with Gilbane and therefore will be "liable for mismanagement of that waste."

Representative Jerrold Nadler, a Democrat whose district includes most of Lower Manhattan and who has been critical of the demolition plan, said he was gratified and heartened by the agency's comments, which he said showed the plan to be "flimsy and undeveloped."

He called on the agency to take more responsibility for improving the plan. "It should be a mandate, not a request, to change it," he said.

Another critic of the plan, David M. Newman of the New York Committee for Occupational Safety and Health, a union-based nonprofit organization, said "I was surprised and pleased to see the nature and extent of the E.P.A.'s comments. The issues the comments raise can only serve everybody's benefit, to make the process safer for the workers involved and the potentially affected people in the community."

The concerns raised yesterday by the E.P.A., as well as reservations expressed by the State Environmental Conservation Department and the State Labor Department seem certain to delay the demolition of 130 Liberty Street.

"We have not focused on a timetable," Mr. Rampe said. "We've focused on making sure we take the building down in a responsible fashion." The full text of the agencies' comments is at www.epa.gov/wtc/demolish_deconstruct.

Copyright 2005 The New York Times Company

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