Letter to Administrator of U.S. Environmental Protection Agency Stephen L. Johnson

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August 21, 2003

The Honorable Stephen L. Johnson
Administrator
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue NW
Washington, DC 20460

Dear Administrator Johnson:

We are writing as members of the New York Congressional Delegation to request that the Environmental Protection Agency (EPA) comply with the findings of the EPA Inspector General's (IG) Report issued three years ago on August 21, 2003.

The report of the Inspector General confirmed that the Environmental Protection Agency misled the public concerning the health hazards created by the collapse of the World Trade Center, and that the limited indoor cleanup program conducted by the Agency was not adequate to meet the minimum criteria under federal law to protect public health. As we approach the fifth anniversary of the attacks, it is critical that the EPA make a full and complete disclosure to the public about the health risks associated with World Trade Center contamination, and institute a proper testing and cleanup program for all buildings contaminated by the terrorist attacks.

The IG Report found that "for the general public, EPA's overriding message was that there was no significant threat to human health." In addition, the report stated that the Agency "did not have sufficient data and analyses" to make a "blanket statement" when it announced seven days after the attack that the air in Lower Manhattan was safe to breathe. Rather than provide a science-based risk assessment of the hazards facing workers and residents, "competing considerations, such as national security concerns and the desire to reopen Wall Street, also played a role in EPA's air quality statements." Accordingly, the IG Report recommended that EPA take action to ensure that public pronouncements regarding health risks and environmental quality are adequately supported with available data and analysis.

The IG Report also found that a limited, unscientific cleanup of selected sites performed by EPA was not adequate to comply with federal laws that govern protection of the public health and environment. For example, the IG Report found that this flawed cleanup program did not meet the minimum criteria for protecting human health that the EPA has established under the law, used sub-par testing equipment and non-aggressive methodologies, and only tested for one of the many contaminants of concern (asbestos). The IG report recommended that the EPA implement a testing program to ensure that the indoor cleanup effectively reduced health risks from all pollutants of concern, and implement a verification program to determine whether previously cleaned residences have been re-contaminated. The IG also asked the Agency to consider expanding the cleanup program to workplaces.

It has been five years since the terrorist attacks, and three years since the IG Report documented EPA's mishandling of the environmental response to 9/11. Unfortunately, the EPA has yet to comply with the findings in the IG Report. For many of those who lived and worked in the area, and for others from New York and across the country who participated in the rescue and recovery and were exposed to the dusts and fumes which blanketed Lower Manhattan and Brooklyn, the collapse of the World Trade Center has precipitated a public health crisis, as evidenced by the increasing reports of the deaths of scores of workers as well as widespread illness among workers and residents.

We believe that the EPA owes the people of New York, and the citizens of this country, substantive action on this critical matter. Therefore, we respectfully request that you provide us with a written response, by the fifth anniversary of 9/11, detailing when the EPA will finally comply with the findings of the IG Report. We also request that you provide us with copies of all the documents referenced in the IG Report.

The EPA can take steps to restore the public trust it lost in its response to the September 11th attacks by taking immediate and proper action to protect the public health and the environment for those impacted. It is imperative that we move forward in a constructive manner to prevent further harm to those who have been, or continue to be, exposed to World Trade Center contamination. Finally, while we fervently hope that we never witness such an act of terrorism again, we must be prepared to respond effectively in the event of future acts of terrorism or other national emergencies.

Thank you for your consideration of this request. We look forward to your prompt response.

Sincerely,

Hillary Rodham Clinton Jerrold Nadler
United States Senator Member of Congress

Charles E. Schumer Charles B. Rangel
United States Senator Member of Congress

Major R. Owens Joseph Crowley
Member of Congress Member of Congress

Nita M. Lowey Anthony D. Weiner
Member of Congress Member of Congress

Carolyn B. Maloney Gregory W. Meeks
Member of Congress Member of Congress

Edolphus Towns Eliot L. Engel
Member of Congress Member of Congress

Gary L. Ackerman Steve Israel
Member of Congress Member of Congress

Timothy H. Bishop Carolyn McCarthy
Member of Congress Member of Congress

Maurice D. Hinchey Nydia M. Velázquez
Member of Congress Member of Congress

José E. Serrano
Member of Congress

http://www.house.gov/list/press/ny08_nadler/NYCOSH3rdannivEPA082106.html