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New York Environmental Law & Justice Project
www.nyenvirolaw.org

WTC Page

 

"Twenty or thirty years from now, when those New Yorkers start falling over dead, some young government bureaucrat will get all choked up apologizing for what the EPA and others didn't do. That's what they did here." Asbestos Miner Les Skramstad, of Libby, Montana whose has 4 family members with asbestosis read the article by Andrew Schneider in the St.Louis Post Dispatch 1-13-03

PREVENTATIVE LAW summarizes the approach the New York Environmental Law & Justice Project brings to the WTC health issues.  It is simply going to be too late to start making apologies and award tort claims after the damage is done to the health of the New Yorkers.  So many residences, municipal buildings and workplaces remain contaminated or recontaminated by the WTC dust.  They should be cleaned right now in the right way to ensure safety of the New Yorkers in the area. 

The Project continues to advocate for those caught in the downwind of the World Trade Center Disaster. Our well-publicized campaign has brought awareness of the eruption of dangers to our environment that we now face since 9-11, plans for a major cleanup, and continues to catalyze actions to rectify these situations.
 

Archived files: 2001-2003 (click to go to the archive index)

--> NYELJP has done extensive work and compiled tremendous amount of information regarding the environmental conditions of the WTC area. For information gathered up to year 2003, click on the archived files section. This section serves as a good background for understanding the WTC issues.

USAGE NOTES: We also encourage visitors to go through the above PULL-DOWN menu and explore to find out important information (such as our EXPERTS and EPA test results under GOV.Agencies-> EPA Documents

   
130 Liberty Street: Deutsche Bank building

"The environmental test results show that a combination of contaminants knwon to be hazardous to human health, in quantities and concentrations unparalleled in any other building designed for office use, permeates the entire structure at levels which exceed by up to thousands of times the levels considered appropriate for Class A office buildings," - Conclusion from the $33 million study conducted by RJLee group for Deutsche Bank. --> Read more about 130 Liberty Street the "Deutsche Bank building" now.

NEW: summarized reports and data from the RJLee group study (and the opposing insurers's data) obtained by NYELJP from Lower Manhatthan Development Corporation through a 3 month-long FOIL effort.

   

EPA World Trade Center Air Quality
Expert Technical Review Panel

NEW: Compilation of Health Studies regarding the aftermath effects of WTC

Sierra Club's GROUND ZERO REPORT:
Air Pollution (and Deception) at Ground Zero How the Bush administration misled the public about the health risks after 9/11.

Sierra Club, Others Launch 8-Day Ground Zero Community Vigil During Republican Convention

9/11 Enviornmental Action's page dedicated to monitoring the EPA Panel
   
   

DEMOLITION OF 130 LIBERTY STREET and 4 ALBANY STREET:

 

 

Table of Contents: (click on the link)

  1. What's New
  2. Special Section: Subway and Groundwater / Soil Contamination
  3. Special Section: Mold
  4. The DATA: "Deconstruction Plan," LMDC data / The RJLee Materials
  5. News Archive.

 

1. WHAT'S NEW re: 130 Liberty Street and 4 Albany Street

Update (03-17/2005) : 130 Liberty Street and 4 Albany Street.

  • Revised: Summary of Findings by RJLEE Reports: html / pdf
  • 4 Albany Street Memorandum - what the RJLee Reports tells you about 4 Albany: html / pdf

Update (03-05/2005) : 130 Liberty Street and 4 Albany Street.

  • The Lower Manhattan Development Corporation has submitted its deconstruction plan for the 130 Liberty Street and received comments from the regulatory agencies and the community. The comments from the agencies can be accessed here. LMDC decided not to publish the public comments. Instead, they attempted address public concerns by their FAQ page. The Frequently Asked Questions can be accessed here.
  • As of February 22nd of 2005, The LMDC published the results from the Supplemental Testing on its website as promised, including the Visual Mold Inspection Report. (complete with pictures) Most of the results do not seem to deviate from the results from the initial characterization reports, with a few exceptions. The New York Environmental Law Project is currently working to understand the Supplemental Testing data. Meanwhile, it is notable that days of visual inspection for mold uncovered sizable mold infestation from top to bottom. Unfortunately, no testing or characterization of the mold was done.
  • 4 ALBANY STREET: There is unfortunately little information about the 4 Albany Street building. The Environmental Protection Agency has a small site addressomg demolition of WTC contaminated buildings:
    http://www.epa.gov/wtc/demolish_deconstruct The New York Environmental Law & Justice Project has put in Freedom of Information Law request to various agencies for permits and testing data with regads to 4 Albany Street. NYELJP will update its progress.

2. Special Section: Subway and Groundwater / Soil Contamination

    There has been unfortunately little attention to potential release of toxic demolition residues in soil, groundwater or the subway system. Sometimes people just don't think about the underground but underground contamination can become a serious problem. The close proximity of the subway system, including newly established emergency fan plants installed on the south side of the Deutsche Bank building, raises alarms. The Lower Manhattan Development Corporation has only recently begun to communicate with the MTA. We invite the community to read on the following reports and make your own conclusions.

  • Argonne National Lab's study on subway dispersion of contaminants

    we have heard from many expert sceintists that subways and elevators often act as pnuematic tubes that carry and disperse hazardous materials. After a bit of "Google" search, we found this article we consider highly relevant to the issue.

  • 9/11 relic's legacy of health fears Ray Sanchez NEWSDAY January 10, 2005
  • Subway Flooding: A hidden and neglected risk
  • WNYC - News - Network of Pumps Strain to Keep Subways Dry

 

3. Special Section: Mold

  • NEW! - THE NYELJP MOLD MEMO: This is the NYELJP's comprehensive guide to the mold contamination in 130 Liberty Street: : READ THE ENTIRE 4-PAGER MEMO HERE : we advocate three points in this memorandum
    1. Mold Contamination in 130 Liberty Street, despite the claims to the contrary, is extensive and serious in damage potential.
    2. Mold Contamination in 130 Liberty Street, despite the claims to the contrary, is recurring.
    3. Further sampling and speciation is necessary to provide adequate information for the public.
  • As of February 22nd of 2005, The LMDC published the results from the Supplemental Testing on its website as promised, including the Visual Mold Inspection Report. (complete with pictures) Most of the results do not seem to deviate from the results from the initial characterization reports, with a few exceptions. The New York Environmental Law Project is currently working to understand the Supplemental Testing data. Meanwhile, it is notable that days of visual inspection for mold uncovered sizable mold infestation from top to bottom. Unfortunately, no testing or characterization of the mold was done.
  • THE RJ LEE REPORT ON MOLD:
  • Department of Health Guidelines on Mold
  • EPA Guidelines on Mold

4. The DATA: "Deconstruction Plan," LMDC data / The RJLee Materials

LMDC has posted their demolition plan on their website. NYELJP will prepare a formal comment soon. Meanwhile, NYELJP created a point-by-point critique / comment powerpoint presentation regarding LMDC's own powerpoint presentation about the "deconstruction plan." - Read it here: (our comments are in yellow)

You can read the LMDC's powerpoint and compare at http://www.renewnyc.org/content/Draft_PPT_Decon12-13-04.ppt Again, we welcome your comments and outputs.

On December 13, 2004 the LMDC will be releasing the first phase of the "Deconstruction Plan" and will be officially submitting the plan to the Regulatory Agencies for their review and approval. The demolition will be posted on the LMDC web-site www.renewnyc.com for public review. On Monday, December 13, 2004 at 6:00 PM the LMDC will be providing a briefing regarding the first phase of the Deconstruction Plan to the WTC Redevelopment Committee for Community Board 1. This meeting is open to the public. We encourage the public to review the Deconstruction Plan and direct questions to LMDC.

For your reference, here are two recordings of statements made by Gilbane, the cleanup company LMDC has hired to demolish the Deutsche Bank building.

1. Statement made in CB1 Meeting

2. Statement made on September 23, 2004 (by Deb Perrera)

 

READ THE RJLEE GROUP REPORTS ABOUT CONTAMINATION IN 130 LIBERTY STREET:

It may be tempting to dismiss the RJLEE Group Report as biased solely for the reason that it was prepared for the Deutsche Bank's litigation against its insurers. However, NYELJP invites you to read the actual reports and judge for yourself how relevant the reports are. FYI, they spent $33 million dollars to test the area extensively, conduct WTC signature chemical study and health studies that explore the same issues the EPA Technical Review Panel is grappling right now.

NOTE: There are other data and studies conducted regarding the Deutsche Bank building. NYELJP has made information requests to various agencies such as the EPA, Port Authority, Department of Buildings and others. We will keep updating on our findings. NYELJP also invites people to read the Initial Building Characterization Report prepared by Louise Berger Group for LOWER MANHATTAN DEVELOPMENT CORPORATION available on the web at www.renewnyc.org. LMDC also has physical copies of their report, along with other studies conducted by Deutsche Bank (i.e. the RJLee Report) and its insurers. Call LMDC at 212-962-2300 to make the appointment to see the documents.

Reports on 130 Liberty Street, prepared by Deutsche Bank

  1. DB Power Point Presentation to LMDC (read this first)
  2. Resuspension of the Dust: S1 Tech Memo, S3 Tech Memo, S4 Tech Memo
  3. Relationship between surface and airborne dust S2 Tech Memo
  4. Signature of WTC dust : EXPERT SUMMARY REPORT (recommended reading), S5 Tech Memo, S6 Tech Memo, S7 Tech Memo, Asbestos, Composition and Morphology, Metals and Organics
  5. Contamination in building materials from 9_11
  6. Determination of Background levels of contaminants in buildings (we invite comments to compare this study to other background levels studies (ex. EPA building background level studies)
  7. Goad at al Health Risk Assessment
  8. Health and Safety Plan (we invite people to compare this HASP to the draft HASP the Lower Manhatthan Development Corporation have created. Please share your comments)
  9. Interior of Building dust characterization
  10. Mercury : Techmemo, Expert Report
  11. Mold: (we feel that the part about Legionella bacteria is pertinent)
  12. Property Damage Claim of DB, Volume II : Cover, TOC, Sections 1 2 3 4 5 6 7 8 9 10 11
  13. Remediation Studies
  14. Specifications for tearout and teardown
  15. Waste Steam classification for disposal
  16. Airflow study
  17. Assessment of Dust in Hidden Areas
  18. Building Drawings : Section 3.15B, Section 3.16B
  19. Young Laboratories, Inc. Analytical Results for Bulk Dust Sample

5. News Archive.

City Council Sorts Out Who Will Demolish Contaminated Buildings
FEBRUARY 17TH, 2005

WATCH NY1 Video Clip****

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.

 

9/11 Fund Head Urges Asbestos Legal Reform :

DEVLIN BARRETT Associated Press
WASHINGTON - The official who handled a major Sept. 11 compensation fund said Thursday a similar effort should be made to limit asbestos liability lawsuits, a legislative priority this year for Republicans. Kenneth Feinberg, who ran the $7 billion government compensation program for the victims of the Sept. 11 attacks, scolded Congress for not taking action on the large number of asbestos claims working through the court system. ...... [full article]

9/11 relic's legacy of health fears Ray Sanchez NEWSDAY January 10, 2005

A No. 1 train rumbled beneath the environmental disaster known as the Deutsche Bank building in lower Manhattan yesterday.

A young couple sat in the rear of the second car, the man with his right arm around the woman, she with her hand on a blue-and-white stroller carrying a sleeping child. Nearby, amid the steel-on-steel rattle, a teenage girl fiddled with her Palm Pilot. A middle-age man across from her sat reading a copy of "Charlie Wilson's War: The Extraordinary Story of the Largest Covert Operation in History."

On the street above, immediately south of Ground Zero, sits the monolithic 40-story tower at 130 Liberty St., shrouded in black netting - a grim monument to the worst terrorist attack on American soil. ...........

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