| Title Page Previous Next Contents | Part 3. Was environmental health protected on 9/11? Whistleblowers, watchdogs and wee little people >Criticisms of the EPA |
On the heels of these revelations, Rep. Jerrold
Nadler charged that EPA had failed to protect the public health. He remarked
that “New York was at the center of one of the most calamitous events in
American history and the EPA has essentially walked away.”
Rather than serving to inform the public on dangers to
their health, Nadler claimed, EPA was continuously misinforming the public as
to the safety of the conditions in downtown New York.
Although EPA Region II counsel Walter Mugdan, admitted that
“...a significant number of the WTC bulk dust samples that we have analyzed did
have more than one-percent asbestos,” the agency repeatedly claimed the
opposite. He quoted an October 3, 2001 EPA memo claiming that the agency had
found no “significant health risk” stating, “the vast majority of EPA and OSHA
samples of air and dust analyzed for asbestos have been at levels that pose no
significant health risk to residents and workers returning to their homes or
area businesses.” Yet, charged Nadler, “This was one of the most often quoted
EPA statements, and it continues to be echoed to this day.”
Nadler called on the federal EPA, which denied jurisdiction
over indoor air hazards, to test and assure the safety of New York residences.
That went against
EPA’s previously stated policy. Joe Martyak, spokesman for EPA in Administrator
Christie Whitman’s office, said that already “there’s an enormous amount of
money provided by the Presidential disaster declaration.” As to whether that
money could be used to help in cleanup of homes and offices, however, Martyak
notes, “indoor air is beyond EPA’s jurisdiction.” (13)
Nadler said that
under the National Contingency Plan (NCP) of the Comprehensive Environmental
Response, Compensation and Liability Act (CERCLA), EPA had authority to act on
indoor air—and charged that EPA had not fully utilized the NCP in acting around
Lower Manhattan. At the same time, he blasted EPA
for on the one hand, by advising residents to clean dust- and debris-laden
apartments with a wet mop or wet rag while it hired professional asbestos
contractors with more stringent standards to clean its own local offices were
cleaned by an asbestos contractor.
The Congressman
also took aim at the various agencies passing health responsibilities around
like some sort of shell game. “EPA allowed the City
of New York to handle indoor air quality,” he testified before
Assembly Speaker
Sheldon Silver, saying EPA should have responded more quickly
to concerns about indoor air.
“The
City, in turn, delegated indoor air matters (testing and remediation) to
individual building owners for indoor public spaces, and to tenants for indoor
private spaces. The City provided little enforcement with respect to indoor
public spaces and no enforcement with respect to indoor private spaces, and
gave improper advice regarding hazardous materials testing and remediation,”
Nadler testified.
“As a result of the EPA's misleading
statements about air quality and because it allowed the City of New York to
handle matters related to indoor environments,” he continued, “there has been
inadequate hazardous materials testing and remediation inside residential and
commercial buildings downtown—putting the public health at risk.” (18)