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Pollution and Deception at Ground Zero How the Bush Administration’S Reckless Disregard of 9/11 Toxic Hazards Poses Long-Term Threats for New York City and the Nation

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Pollution and Deception at Ground Zero How the Bush Administration’S Reckless Disregard of 9/11 Toxic Hazards Poses Long-Term Threats for New York City and the Nation Explore, enjoy and protect the planet Pollution and Deception at Ground Zero How the Bush Administration’s Reckless Disregard of 9/11 Toxic Hazards Poses Long-Term Threats for New York City and the Nation Monday, Sept 17, 2001:The New York Stock Exchange reopens and workers return to a still- polluted Lower Manhattan financial district. PREFACE The Sierra Club, an environmental organization with over 14,000 members in New York City, wishes at the outset to honor the memories of those who died on September 11, 2001. These mothers, fathers, relatives and friends are profoundly missed. As we continue seeking to heal and move forward, we carry with us memories and feelings about these members of our many communities who will always be with us in spirit. We also give our condolences to the families who suffered that deep, personal loss, and wish for them peace of mind. While we are still recovering from that severe loss, we must also turn to the task of caring for each other. We must demand federal action to meet the needs of what this Report calls the “Ground Zero community.” Nothing in this report should be construed as a criticism of the hard-working staff in federal agencies, who in some instances risked their own safety to respond to the World Trade Center attack and the aftermath of the disaster. The report takes issue, rather, with policy decisions that were made at high levels of government which had the effect of prolonging the harmful effects of the attack. About the Author Suzanne Mattei is the New York City Executive for the Sierra Club, and works in its field office in Manhattan. She is a public interest environmental attorney (Yale Law School, ‘81) and environmental policy analyst who has conducted in-depth research and produced reports in the past on childhood lead poisoning, waste incineration, volatile organic pollutants from dry cleaning facilities, and environmental safety in schools. Acknowledgments The author thanks policy analyst Phyllis Eckhaus and Jonathan Bennett, Public Affairs Director for the New York Committee on Occupational Safety and Health (“NYCOSH”), who each provided significant policy and editing advice. Appreciation also is due to Tresa Horney, Sierra Club Program Assistant, and Research Intern Yair Lenchner, for assistance on this project; Patrick Gallager, Sierra Club Environmental Law Program, for obtaining documents through a Freedom of Information request, which the author reviewed in preparing this report; and to Sierra Club New York City Group volunteers Sondra Levin and Warren Berger, for their activism on WTC air pollution issues. While the policy analysis and recommendations in this report are the Sierra Club’s, the author thanks the experts who consented to be interviewed or commented on relevant issues or sections of the report, including: Paul Bartlett, M.A., air pollution transport expert; Thomas Cahill, Ph.D.; Lee Clarke, Ph.D.; Robin Herbert, M.D. and Stephen Levin, M.D. of the Mount Sinai School of Medicine; Thomas Szema, M.D., State University of New York at Stonybrook; Liam Horgan, Certified Industrial Hygienist, Assessment Resources & Technologies; David Newman, NYCOSH Industrial Hygienist; Joel Shufro, NYCOSH Executive Director; and Diane Stein, Outreach Coordinator for the WTC medical screening program. The author acknowledges public hearing testimony that elucidated key issues by Marjorie Clarke, Ph.D. Special recognition should be given to NYCOSH Industrial Hygienist David Newman, who has consistently provided technical expertise and information to many union officials, workers and community residents about the pollution from Ground Zero. The author also thanks the union officials and workers who consented to be interviewed or commented on relevant sections of the report, including: Patrick Bahnken, President, EMTs & Paramedics-FDNY; Philip McArdle, Health & Safety Officer, Uniformed Firefighters Association; Jimmy Willis, Assistant to the President, and Frank Goldsmith, Dr. P.H., Director of Occupational Health, Transport Workers Union, Local 100; Micki Siegel de Hernandez, Health & Safety Officer, Communication Workers of America, Dist. One; Don Faeth, Vice-President, and Israel Miranda, Health & Safety Officer, EMTs & Paramedics-FDNY; John Graham, rescue worker, carpenter and EMT; Robert Gulack, Union Steward, National Treasury Employees Union, Chap. 293; Paul Stein, Health & Safety Chair, NYS Public Employees Federation, Div. 199; and Phil Caruana and Robert Orkin, Transport Workers Union members. The author acknowledges public hearing testimony elucidating key issues by Charlotte Hitchcock, Health & Safety Officer, Ass’n of Legal Aid Attorneys, and Joan Greenbaum, Ph.D., Co-Chair of Health & Safety, Professional Staff Congress of CUNY, Local 2334. In addition, the author thanks the advocates and members of the community who consented to be interviewed or commented on relevant sections of the report, including: Kimberly Flynn, Nina Lavin, Rachel Lidov and Jo Polett of 9/11 Environmental Action; Diane Lapson of Independence Plaza North; Jenna Orkin, Brooklyn resident and writer; Craig Hall, President, WTC Residents Coalition; and Ariel Goodman, Bob Van Dyke, and Neil Mosesson of the small business organization, From the Ground Up. The author acknowledges public hearing testimony elucidating key issues, by Barbara Caporale, Rebuild with a Spotlight on the Poor Coalition; Patricia Dillon, 9/11 Environmental Action; Caroline Martin, Family Association of Tribeca East; and Mary Perillo and Kathleen Moore, 125 Cedar Street residents. Finally, the author thanks attorneys Joel Kupferman of the New York Environmental Law and Justice Project, who provided environmental test results, copies of important documents and information on the chronology of events; Anthony Gentile, who provided results of tests of WTC dust in firefighters boots; Jack Lester, who provided results of testing on behalf of residential clients; Jeanine Chanes, who provided information on small businesses’ efforts to obtain insurance coverage for cleanup. The author also acknowledges public hearing testimony by Stanley Mark, Program Director, Asian American Legal Defense Fund, which elucidated key issues regarding impacts in Chinatown and Lower East Side neighborhoods that were not included in the federal residential cleanup program. CONTENTS INTRODUCTION ............................................................1 THE PROBLEM ............................................................3 SUMMARY OF CONCLUSIONS AND RECOMMENDATIONS . 4 BACKGROUND ...........................................................12 A. Toxic PAHs – the Unmeasured Hazard ..................................14 B. Caustic Dust – the Undisclosed Hazard . 16 C. Glass Fibers – the Unacknowledged Hazard . 18 D. Big and Small Particles – the Penetrating Hazards . 20 E. Residual Dust – a Potential Exposure Risk . 21 F. The Ground Zero Community .........................................21 PART ONE: THE FEDERAL ADMINISTRATION FAILED TO OBTAIN AND PROVIDE HEALTH RISK INFORMATION TO LIMIT THE HARM FROM THE TOXIC AFTERMATH OF THE ATTACK ..................................23 A. This Pollution Was Not Completely “New” -- Federal Agencies Already Had an Extensive Expert Knowledge Base About This Kind of Pollution that the Administration Ignored ..............................................26 B. EPA Misrepresented the Meaning of Asbestos Test Results by Knowingly Mischaracterizing Its Own Technical Detection Limits as Health Standards . 34 C. The White House Council on Environmental Quality Provided Misleading Data to U.S. Senators While Implying that Most Lower Manhattan Homes Were Not Asbestos-contaminated ......................................36 D. EPA Did Not Find Health Hazards Because It Did Not Look for Them – PAHs, Asbestos, Ultra-fine Particles, Indoor Contamination . 39 E. The Federal Administration Failed at Least a Dozen Times to Correct Its Improper Assurances of Safety Even After More Data on Health Risks Became Known . 55 F. Both FEMA and EPA Assured Residents that They Could Just Clean Up the Contaminated WTC Dust Themselves – Instead of Warning Them Against It . 62 G. The Federal Administration Failed to Give Special Warnings for Children and People with Certain Diseases – Who Are More Vulnerable to the Effects of Pollution . 66 PART TWO: THE FEDERAL GOVERNMENT’S FAILURE TO WARN THE PUBLIC AGAINST GROUND ZERO POLLUTION CANNOT BE JUSTIFIED . 72 A. The Bush Administration Apparently Placed the Desire to Reopen Wall Street Above Public Safety.................................................72 B. Speculative Fear of Public Reactions Does Not Justify Suppressing Safety Warnings or Failing to Take Protective Action . 75 C. The Bush Administration Has Refused to Disclose Who Engineered the Cover-up of Health Hazards at Ground Zero......................................78 PART THREE: THE FEDERAL GOVERNMENT FAILED TO CARRY OUT ITS OWN DUTIES TO PROTECT THE PUBLIC FROM THE TOXIC AFTERMATH OF THE TERRORIST ATTACK ................................80 A. The Federal Government Chose Not to Enforce Occupational Safety and Health Standards at Ground Zero ............................................80 B. The Federal Government Failed to Respond Properly to the Toxic Release as a Terrorist Attack and Illegal Action – Which Left Residents and Workers at Risk . 92 PART FOUR: THE BUSH ADMINISTRATION PLANS TO MAKE THE MISTAKES OF GROUND ZERO INTO POLICY FOR THE NATION . 108 A. The Bush Administration Intends to Eliminate OSHA’s Enforcement Role at All
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