The Environmental Protection Agency (EPA) has been criticized by the GAO for its failure to address the concern of residents and business owners affected by the toxic dust which blanketed the area after 9/11. The GAO concluded that the EPA’s test and clean programs are scientifically and technically flawed, and that the EPA is ill-prepared for future disasters.

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EPA Efforts to Test and Clean Area Surrounding World Trade Center Criticized

Despite the tragic attacks of 9/11 occurring a full six years ago, the Environmental Protection Agency (EPA) is still attempting to perform tests and clean-up in homes and offices near the World Trade Center site. This is one of the unfortunate legacies of the 9/11 attacks – an unknown amount of toxic dust containing lead, glass, asbestos, and pulverized concrete was spread into surrounding neighborhoods. The EPA is responsible for determining the extent of indoor contamination, which entails testing for and removing this toxic dust. However even today, many businesses and residential home owners remain unsure about the safety of their indoor environment.

The General Accounting Office (GAO) recently issued a report criticizing the EPA’s handling of the toxic dust testing and cleanup. The EPA has planned for two test and clean programs so far, the first from 2002 to 2003, and the second is slated to begin in late 2007. After the first program the Inspector General of the EPA recommended changes, some of which were incorporated into the second program. However, the GAO contends that these changes were not adequate to address all of the issues identified with the first test and clean program.

While the EPA did make some changes to its program, such as increasing the number of contaminants they test for, they did not increase the test area around the site of the attacks, which was a recommendation which was made to ensure that potential contamination was better addressed. Another concern was that the EPA did not account for cleaning of common areas or heating, ventilation, and air-conditioning systems which could potentially result in air pollutants being reintroduced to cleaned areas. Additionally, the EPA allowed participants in the first program to select either a professional cleaning followed by testing, or testing before cleaning. As 80% of the program participants selected to have their home or workplace professionally cleaned prior to testing, the true extent of contamination from toxic dust is unknown. As a result of the bulk of testing taking place after professional cleaning, the levels of asbestos (the only contaminant tested for during the initial program) were reported to be extremely low, which may have given the public a false sense of security about the cleanliness of the buildings surrounding the World Trade Center site.

Not surprisingly the EPA has been criticized for failing to fully inform the public about the limitations of the first test and clean program, which hampers the public’s ability to make an informed decision about participating in the second program. In fact, to date less than 300 residents and building owners have elected to participate in the second program, reflecting the GAO’s concern that the public is not fully aware that the initial round of testing and cleaning may not have adequately measured the levels of or removed toxic materials. The second program will also not test workplaces, which raises concerns about workplace safety. If a worker is concerned about the safety of their workplace, they must file a complaint with the Occupational Safety and Health Administration (OSHA) – thus the onus for ensuring workplace safety is left on the individual employee.

The GAO report concluded that the EPA test and clean process was technically and scientifically flawed, and that the EPA has not been responsive to the concerns of those affected by the toxic dust. Concerns were also raised about the EPA’s lack of preparedness for future disasters, which would ideally entail an understanding of the budget, time, and effort needed to adequately address any similar disaster cleanup effort.

The law firm of Napoli Bern specializes in World Trade Center litigation cases, so please contact us today if you or somebody you love have been affected by the aftermath of the 9/11 attacks. Our experienced and dedicated attorneys will evaluate your case free of charge, and will help you protect your rights.
©2008 Napoli Bern LLP, All Rights Reserved, Reproduced with Permission
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