9/11 ENVIRONMENTAL ACTION

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(page updated August 15, 2005)

"Safety First" Demolition and Rebuilding

[see as well the media coverage related to these events]

 

Please help keep a Neighborhood Watch,
let us know if you see something out of order:
missing work permits, uncontrolled emissions of dust, write to us at Demolitions@911ea.org
 

In addition to destroying the two World Trade Center towers, the attack of September 11, 2001 left several buildings badly damaged and contaminated.  Plans to decontaminate and demolish these buildings have been slow to reach the public.

This page contains descriptions of the entities that have developed to rebuild NYC, and the governmental and non-governmental agencies and organizations that participate in the process, as well as public testimony delivered to such organizations.

The Lower Manhattan Development Council, which was created to help plan and coordinate the rebuilding and revitalization of Lower Manhattan, defined as everything south of Houston Street. The LMDC is a joint State-City corporation governed by a 16-member Board of Directors, half appointed by the Governor of New York and half by the Mayor of New York. 

The LMDC now owns 130 Liberty Street (formerly owned by the Deutsche Bank, and frequently referred to as the Deutsche Bank Building). LMDC's web site, http://www.renewnyc.com contains many items which you may wish to peruse.  In particular,

The third revision of the LMDC Draft Deconstruction Plan (August 8), has just been discovered on the LMDC’s website. All the versions of all the plans, and the regulatory agencies’ comments which have occasioned the revisions can be accessed from at The Deutsche Bank Building at 130 Liberty Street.  See also the 130 Liberty Street Public Documents.

Here's where to subscribe to the mailing list for LMDC's e-updates:

http://www.renewnyc.com/Newsletter/default.asp

 
The Lower Manhattan Construction Command Center was  announced on November 2, 2004 by   Governor George E. Pataki and Mayor Michael R. Bloomberg.  The Command Center is charged with coordinating all of the construction projects in Lower Manhattan to meet the ambitious rebuilding timeline, while minimizing the impact of such construction activity on the community.  This entity is to establish a master schedule for all Lower Manhattan construction projects, and also:
 
The U.S. EPA now has its own web page on demolition in Lower Manhattan.  See:
http://www.epa.gov/wtc/demolish_deconstruct where it has posted its comments on several of the the LMDC's Draft   Deconstruction Plans for 130 Liberty Street. In December, EPA stated in their cover letter,
"In EPA's judgement, the December 10, 2004 specifications or "protocols" for the work, while adequate in some areas, need to be materially strengthened in several principal respects, as set forth in the enclosed comments."
From the EPA Letter and Comments (http://www.epa.gov/wtc/demolish_deconstruct/lmcd_jan2005.pdf)

In their July 26, 2005 comments on the second revision, EPA repeats :

"As EPA has stated in its discussions with LMDC and its consultants, an acceptable ambient air monitoring plan is needed before the commencement of any activities at 130 Liberty Street."

Such a plan is still missing.  Yet the scaffolding is scheduled for immediate installation, according to current news reports, and by a company with a poor safety record, Safeway Environmental.  See the July and August 2005 News Stories.  And of the 186 points listed in these comments, at least a score are missing. 

Some of public reaction, and the more valuable information
-- on the extent of contamination --
is only available here and elsewhere:

NYCOSH (the New York Committee for Occupational Safety and Health)

has posted on its web site 3 important documents concerning the environmental and occupational health aspects of the planned demolition of 130 Liberty Street.

Two of the documents were prepared for the building's original owner

The third document and current plan, prepared for the building's current owner, the Lower Manhattan Development Corporation does not refer to the existence of the earlier documents, is in most aspects less protective of environmental and occupational safety and health than the earlier ones.

In the last months of 2004, a series of letters were written to the EPA requesting it to fulfill its obligations as the lead agency overseeing the decontamination and demolition of 130 Liberty Street, formerly the Deutsche Bank building:

On December 13, 2004 Kevin Rampe of the Lower Manhattan  Development Council wrote to EPA Administrator Michael Leavitt

On October 20, 2004 EPA Region 2 Administrator Jane Kenny
replied to Congressman Nadler's August 18th letter.
 
On August 18, 2004 Congressman Nadler wrote to EPA
Administrator Michael Leavitt.
After many follow up calls to their FOIL request NYELJP (the New York Environmental Law and Justice Project) finally received important RJ Lee assessments and studies of the Deutsche Bank Building and WTC Dust done for the Deutsche Bank -- not the EPA.  Many of these are posted only their site, although some are now on the NYCOSH site (above).    These include studies regarding WTC signature chemicals and health effects of WTC COPCs. Their investigation on building contamination, including discussion on HVAC systems, is most extensive. See NYEJLP's web site to view the collection of documents at http://www.nyenvirolaw.org/wtc-index.htm#130liberty.   See in particular:
    Lower Manhattan Development Corporation Data Review, August 4, 2004
 
            Signature Assessment 130 Liberty Street Property Signature Report WTC Dust Assessment, May 2004
              
[for a report on Health Risks, go to this page]
 
 
See the Technical Working Group's "Gold Standard" for Remediation of WTC Contaminations, on the New York Committee for Occupational Safety and Health web site (www.nycosh.org)
 
AND the Emergency Response Plans and Fire and Life Information of the Public Employees Federation (PEF) Health and Safety Committee (www.pef.org)

On May 12, 2005, the LMDC issued the  Revised Phase I Deconstruction Plan

NYS Department of Labor May 11, 2005 response to the Request for Variance submitted to them on April 12, 2005 by the Lower Manhattan Development Corporation

In response to the press coverage of the environmental, health and safety  and community groups to the presentations made by officials at the Lower Manhattan Development Corporations's January 24, 2005 Public Information Session, the LMDC has been sending out numerous e-updates, with answers to questions asked at the Session. You can subscribe here.

The latest testimony begins here, and continues below.

The Lower Manhattan Development Corporation's (LMDC) April 27th, 2005 Public Information Session on the Draft Allocation Framework for Remaining Funds was well attended, with at least 60 people signing up to present comments.  It was released with the Report, “Guiding the Process: The Public Dialogue and Lower Manhattan Revitalization Initiatives”, which claims to demonstrate how the public discourse shaped the funding process thus far.   Unfortunately not all of them were given time to speak, as promised.  Some of the testimony is available here, some on other websites.

Dr. Brent Blackwelder, President, Friends of the Earth and Marcy Benstock, Executive Director, Clean Air Campaign
Daniel Bush, Director of Disaster Recovery & Victim Advocacy, New York Interfaith Disaster Services
Kimberly  Flynn, 9/11 Environmental Action
Rachel Lidov, 9/11 Environmental Action
Caroline Martin, Family Association of Tribeca East
Jenna Orkin, WTC Environmental Organization
 

The City Council Lower Manhattan Redevelopment Committee held a hearing on the demolition planning on February 17, 2005.  Again members of the community and experts testified.

Robert Gulack, Steward, U.S. Securities & Exchange Commission
Jenna Orkin, WTC Environmental Organization
David M. Newman, New York Committee for Occupational Safety and Health (NYCOSH)
 

The Lower Manhattan Development Corporation (LMDC) held a public information session on their draft Phase I Deconstruction Plan for 130 Liberty Street on January 24, 2005, at which many members of the community offered comments, including

Kelly Colangelo, Downtown Resident
Joel Kupferman, New York Environmental Justice and Law Project
Mike McCann, The Center to Protect Workers Rights
Caroline Martin, Family Association of Tribeca East
Jenna Orkin, WTC Environmental Organization
 

The Lower Manhattan Development Corporation (LMDC) held a public information session on September 23, 2004 at which many members of the community offered comments, including Kimberly Flynn of 9/11 Environmental Action.

 

Congressman Jerrold Nadler (D-NY) releases documents showing extraordinary levels of contamination present in the Deutsche Bank building as a result of the collapse of the World Trade Center (WTC) and calls upon the EPA to ensure safety of residents and workers in Lower Manhattan,
        Press Release, 7/19/04
Cate Jenkins' July 15, 2004 memorandum examines recently discovered documents, and requests the EPA's IG Office investigate deliberate coverup by EPA and NYC of data on asbestos at levels they both declared unsafe.
Cate Jenkins' July 10 file (PDF) shows asbestos, dioxin, lead, and mercury levels in the Deutsche Bank building, floor by floor, compartment by compartment.

On July 19, 2004 New York Environmental Law and Justice Project (NYELJP) sent its   letter of intent to sue LMDC, Deutsche Bank, etc. for mishandling of toxic waste.

On April 15, 2004, LMDCreleased the Final Generic Environmental Impact Statement (FGEIS) for the World Trade Center Memorial and Redevelopment Plan.    Click here to see Chapter 27, - 150 pages of LMDC's Response to Comments Submitted for the DEIS.   Appendices are full of comment from hearings, community groups, public officials, mail and e-mails

 

On February 18, the LMDC held hearings on the Draft Generic Environmental Impact Statement (DGEIS) for the World Trade Center Memorial and Redevelopment Plan.  Some of the testimony prestented at that meeting is available to us, and we would like to share it with you:

Patricia Dillon, Chairperson, Environment Committee, Independence Plaza Tenants Association
Diane Dreyfus, M.S. Architechture, Urban and Regional Planning
Caroline Martin, Family Association of Tribeca East, "Actual Comments" and "Written Comments"
Jenna Orkin, 9/11 Environmental Action, Concerned Stuyvesant Community.
 

  See also: 

 
Pace University Center for Downtown New York, March 15, 2004 Pace Poll Survey Research Study,

The Rebuilding of Lower Manhattan: As Plans Progress, Lower Manhattan Residents Evaluate:     
http://appserv.pace.edu/emplibrary/pace_poll_031604.pdf
 
for the March 16, 2004 Press Release: http://appserv.pace.edu/execute/page.cfm?doc_id=9126  
 
for prior polls:      http://appserv.pace.edu/execute/page.cfm?doc_id=10346  

LMDC squanders resources on public relations, Press Release, April 13, 2004

Coalition Applauds City Council Focus on Creating Jobs in the Rebuilding Process, Press Release, April 22, 2004
 
New York Environmental Law & Justice Project gives notice of intent to file suit against Taunus Corporation, Deutsche Bank Company, Lower Manhattan Development Corporation, Empire State Develop Corporation, Bankers Trust Company, and Port Authority of New York & New Jersey, July 19, 2004, for contributing to past and present handling, storage, transportation and disposal of the solid wastes, which may present an imminent and substantial endangerment to health or the environment.