130 Liberty Street Deconstruction Demolition Project

1

• 130 Liberty Street Deconstruction Demolition
  Project

Critique of the Presentation of the Draft Phase I
Deconstruction Plan presented on December 13,
2004 New York Environmental Law Justice
Project December 22, 2004
2
Table of Contents

• Introduction
• Consultants and Contractors
• Critique of Presentations
• LMDC Overview
• TRC Supplemental Testing
• Gilbane Deconstruction Plans
• TRC Proposed Enhanced Air Monitoring Program
• Concerns Planning Issues

3
Introduction

• This powerpoint is a point-by-point rebuttal of
  the LMDC presentation to the community regarding
  their deconstruction plan for the 130 Liberty
  Street Deutsche Bank property.
• The formatting and many quotations are directly
  from the LMDC presentation so credits should go
  to LMDC for their own words. All the words by
  LMDC are white and italicized (except headings).
  Our comments are yellow.
• Questions and comments please direct to
  nyeljp_at_yahoo.com

4
Key Parties

• Consultants/Contractors
• Gilbane Deconstruction Contractor
• LVI Asbestos/Cleaning Subcontractor
• Weston Environmental Monitoring Subcontractor
• CDI Deconstruction Subcontractor
• TRC Environmental Consultant
• URS Corporation, Owners On-Site Representative
• Ecology and Environment, Inc. Public Outreach
  Consultant
• Ambient Group Exterior Air Monitoring
• Kroll Associates Integrity Monitor
• OUR CONCERN THIS IS A VERY IMPRESSIVE TEAM.
  LMDC is spending a lot on planning and testing.
  BUT HOW MUCH IS LMDC ACTUALLY SPENDING ON
  PRECAUTIONS NOW?

5
Key Parties, cont.

• Regulators
• US Environmental Protection Agency
• US Occupational Safety Health Administration
• NYS Department of Environmental Conservation
• NYS Department of Labor
• NYS Department of Health
• NYC Department of Environmental Protection
• NYC Department of Buildings
• NYC Department of Sanitation
• NYC Department of Health
• OUR CONCERN Again, impressive listing of
  agencies. We are just concerned that these
  agencies may be shifting responsibilities to each
  other without communication. EPA could not get
  the agencies to sign the Memorandum of
  Understanding. Why?

6
Key Parties, cont.

• OUR CONCERN REGARDING AGENCY ROLES
• NYELJP concurs with the residents and Congressman
  Nadler that EPA should be the lead agency for all
  demolition activities for properties contaminated
  by WTC dust.
• This is not because EPA has performed very well
  before.
• This is because EPA (and OSHA to a degree) is an
  agency that has the capacity to oversee all
  demolitions in a wholesome manner.
• Having agencies come in sporadically in dealing
  with demolition of the Deutsche Bank, 4 Albany
  and other buildings would only mislead the public
  and fail to earn the trust of the public.
• Only constant and concerted presence of the
  agencies involved would make the proper oversight
  possible.

7
Critique Summary of Findings in Initial
Characterization

• The results of the sampling and testing revealed
  levels of contaminants that should be addressed
  in the deconstruction of the building.
• Throughout the building, asbestos containing
  materials (ACM) were positively identified.
• Detectable levels of asbestos, silica, PAHs,
  dioxins, PCBs, and heavy metals (including
  mercury) were also identified in dust above and
  below the suspended ceilings.
• The results are consistent with the highly
  variable nature of WTC dust and the level of
  activity that has occurred within the building
  since September 11th.
• These are good findings but these data is far
  from complete.

8
Preparation for Deconstruction

• Supplemental Testing
• Development of the Deconstruction Plan
• Permitting and Notification Plan
• Concern 1. LMDC is going ahead with the
  deconstruction phase despite the fact that
  further testing was not completed / analyzed /
  reported to the public
• Concern 2. They are failing to mention the RJLee
  data that documented the contamination even in
  the areas LMDC failed to test. LMDC should
  assume that contamination found in those areas
  are still there, rather than siting the lack of
  testing by their experts as the excuse to assume
  nothing is there.

9
Supplemental Testing

• Additional testing is being conducted in
  previously inaccessible
• surfaces and interstitial spaces including
• The curtain wall, interior walls, the exterior of
  the building, HVAC and ductwork, vertical shafts
  and cell systems and raceways within the concrete
  slabs
• Testing for all COPCs addressed in the initial
  characterization study which includes asbestos
  and other analytes as well as visual inspection
  for mold
• Preliminary waste characterization
• These results continue to inform the Phase I
  Deconstruction Plan and will form the basis of
  the Phase II Deconstruction Plan.
• Concern Very troubled that the supplemental
  testing is not incorporated into the Phase I
  Demolition from the start.

10
Supplemental Testing - Results

• HVAC testing is complete
• Average asbestos (1,188,236 str/cm2) and lead
  concentrations (611 ug/ft2) generally consistent
  with the concentrations identified in the Initial
  Building Characterization Report.
• Average asbestos and lead concentrations in the
  interior of the HVAC ductwork system that exceed
  the benchmark criteria provided in the September
  2002 and May 2003 USEPA WTC Indoor Environment
  Assessment studies
• While the USEPA residential benchmark and
  background concentrations relate to residential
  settings and are not directly applicable to a
  commercial deconstruction project, these studies
  can be used to put the results of this
  supplemental investigation into relative context.
  
• These results and others as completed will be
  available on the LMDC website at
  www.renewnyc.com.

11
Timeline
December 13, 2004 LMDC presents Regulatory
Agencies and the Public with a draft Phase I
Deconstruction Plan ? January 2005 Public
Information Sessions on the Phase I
Deconstruction Plan ? January 2005 Commencement
of Phase I Deconstruction Activity CONCERN Why
are they rushing this when they delayed and
delayed information disclosure and when they take
months to respond to simple informational
request?
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Principles of Deconstruction Plan

• Protective of the health and safety of the
  workers and the neighboring community
• Compliant with all applicable rules and
  regulations
• Consistent with the findings of the Initial
  Building Characterization Study Report" and
  supplemental testing and
• Consistent with current industry standard
  practices
• THEN how come the workers hired were not
  examined for any health conditions / toxic
  sensitivity?

13
Deconstruction Plan Phasing

• Phase I
• Phase IA
• Phase IB
• Phase II

14
Deconstruction Plan Phase I

• Phase I
• Abatement of identified interior ACBM
• Cleaning and removal of World Trade Center (WTC)
  dust within the building
• Soft strip and interior gut of most interior
  non-structural materials, ( i.e. carpet, etc.)
  and
• Erection of the tower crane on the north side and
  hoist on the south side of the building.
• CONCERN This is just asbestos removal even
  though they found lots of other contaminants in
  the building? What is the justification for
  this? Should they not plan to incorporate
  different toxic chemicals into the cleaning plan
  from the get-go?

15
Deconstruction Plan Phase II

• Phase II
• Abatement of identified ACBM associated with the
  exterior of the structure
• Disassembly and removal of some remaining
  interior non-structural materials
• Removal of rooftop mechanical equipment and the
  remaining building envelope and
• Deconstruction of the structural components of
  the building.

16
Phase I Plan Components

• Section 1 Waste Management Plan
• Classifies waste streams that will be generated
• Section 2 Ambient Air Sampling Program
• Methodology to monitor for contaminants of
  concern at monitoring locations around the
  perimeter of the 130 Liberty Street Building
• Section 3 Emergency Action Plan
• Provides the initial response steps and
  identifies roles and responsibilities of LMDC and
  Gilbane during an emergency situation to protect
  the health and safety of onsite workers and the
  surrounding community
• SIMPLY INADEQUATE (see infra)
• Section 4 Safety Plan (To be provided at a
  later date)
• Provides the safety procedures for Gilbane, as
  well as each subcontractor including CDI, LVI,
  and Weston

17
Phase I Plan Components Cont.

• Section 5 Health and Safety Plan
• Presents practices and procedures all will follow
  during the deconstruction of the 130 Liberty
  Street Building
• Section 6 Asbestos Abatement Plan
• Comprises Phase IA of the deconstruction process
  and details activities necessary to carry out the
  abatement of ACBM and the cleaning and removal of
  dust
• Section 7 Soft Strip/Interior Gut Plan
• Comprises Phase IB of the deconstruction process
  and details deconstruction, removal, and disposal
  of interior, non-structural materials not removed
  during Phase IA.

18
Deconstruction Plan Phase IA

• Phase IA
• Activities will be undertaken from the top of the
  building down
• Abatement of interior Asbestos Containing
  Building Materials (ACBM)
• Dust cleaning and removal and
• Removal of building components needed to complete
  the dust cleaning and asbestos abatement.
• Methodology seems to make sense if the
  contaminants are only asbestos

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Means and Methods for Phase IA

• Enclose all work areas and establish negative air
  pressure to ensure potential contaminants remain
  in the building.
• Licensed abatement subcontractors will perform
  limited soft strip to create an open work area,
  followed by the removal of asbestos containing
  building materials (ACBM).
• Thorough cleaning to remove any fibers that may
  have been released during the abatement of ACBM,
  and to remove the settled WTC dust.
• Prior to any work, all vertical connections
  between floors will be sealed properly in order
  to prevent dust from reentering spaces/floors
  already cleaned and cleared.
• Vertical connections (stairwells and shafts) will
  be cleaned last once all floors of the building
  have been cleaned.
• SOUNDS PRETTY WELL THOUGHT OUT BUT MORE DETAILS
  ABOUT HOW THE WASTE IS GOING TO BE HANDLED ARE
  NECESSARY

20
Asbestos Abatement

• Establish negative pressure
• Open work area
• Remove ACBMs
• Clean area and dust
• Encapsulate fireproofing
• Visual inspection and
• Final air clearance.
• What is the clearance? Are they going to just
  test for asbestos? Just visuals?

21
Deconstruction Plan Phase IB

• Phase IB
• Soft strip and interior gut
• Removal of interior gypsum wall board partitions,
  sprayed-on fireproofing, bathroom fixtures,
  integral shelving and components and
• Removal of remaining small scale mechanical,
  electrical and plumbing components.
• WHO CHARACTERIZES THESE WASTES? Not the agencies
  but LMDC.

22
Means and Methods for Phase IB

• Phase IB soft-strip/interior gut operations shall
  start at the top of the building and proceed
  downward. A minimum buffer zone of one floor
  shall be maintained between Phase IA and Phase IB
  work at all times.
• The interior soft strip/interior gut work will be
  done on two floors at a time using diesel-powered
  equipment compliant with environmental and safety
  regulations/standards including, but not limited
  to the Coordinated Construction Act for Lower
  Manhattan.
• Water will be used to provide dust control on
  each floor during this phase of the work.
• Deconstruction debris shall be chuted from upper
  floors past lower floors on which Phase IA
  activities are occurring.

23
Tower Crane and Hoist

• Necessary for material and personnel movement
  during Phase I.
• Tower Crane will be located at the northwest
  corner.
• Hoist will be located at the mid-south side on
  Albany Street.
• Pre-cleaning as necessary will be done at
  attachment points.
• OK.

24
Protective Measures

• Waste Sampling (Section 1)
• Classify the waste streams that will be generated
  as part of the deconstruction project and
  identify proper handling, packaging, labeling,
  transportation, and disposal methods.
• Utilize existing data to determine sampling
  program
• Collect additional samples of materials in place
• Sampling results to determine personnel,
  handling, movement, packaging, transport and
  disposal requirements.
• Any determined hazardous waste will be properly
  segregated
• Hazardous waste will not be chuted and
• Containers will be secured at all times when not
  being loaded and be clearly labeled.
• Who determines that particular item is hazardous
  waste as governed by RCRA? - we do not want
  rubber stamping..

25
Protective Measures Cont.

• Air Monitoring-(Section 2)
• Four levels of monitoring established
• Personnel air monitoring
• Inside building/proximate work activities
• Outside building within site boundaries
• Outside site boundaries in immediate surrounding
  community
• Community asked for personal air monitoring for
  couple residents just for comparison. They
  declined saying that contamination wont go
  that far. If LMDC is really sure contaminants
  wont reach the residents, why not provide
  personal air monitoring?

26
Protective Measures Cont.

• Air Monitoring-(Section 2)
• Section 2 of the Deconstruction Plan outlines
  level four of the program
• Utilizing meteorological instrumentation to
  record wind speed, wind direction and other
  pertinent conditions
• Conducting real-time monitoring for potential
  off-site migration of emissions using continuous
  direct read ambient air monitors and
• Conducting integrated air sampling for the
  following target compounds Particulates as Total
  Suspended Particulates (TSP), metals as TSP,
  asbestos, silica, mercury, PAH's (polyaromatic
  hydrocarbons) Dioxins Furans (D/Fs), and PCBs.
• WE SUPPORT THE EXTENDED AIR MONITORING PROGRAM.
  In fact, LMDC should have done this long time
  ago. There should have been air monitoring at
  elevated levels. Sampling for asbestos and heavy
  metals just is not enough.

27
Protective Measures Cont.

• LMDC Proposed Enhanced Exterior Air Monitoring
  Approach
• (on-line at www.renewnyc.com)
• To be modified to ensure program is complementary
  and allows for QA/QC of Section 2
• Proposal includes
• Additional sampling locations at various
  elevations (i.e. ground level, rooftops and
  setbacks)
• Co-located sampling locations for QA/QC purposes
• Daily real-time monitoring component
• Enhanced analyte list including COPC list
• Project and public notification protocol
• Continued submission of results to NYCDEP
• Continued public access to air results via LMDC
  website
• AGAIN, very good that LMDC finally came up with
  this. We are slightly concerned that some of the
  air monitoring data is still missing although we
  indicated the lack of data some months ago.

28
Emergency Action Plan (EAP)

• Designates appropriate personnel responsible for
  implementation and monitoring of emergency
  procedures.
• Applies to all contractors working on-site
  including employees and visitors.
• Gilbane Emergency Coordinator John Graves,
  licensed New York City Site Safety Manager
  Liaison to the First Responder agencies
  throughout the duration of the project.
• All prime subcontractors will identify an OSHA
  certified Emergency Coordinator, responsible for
  the performance of emergency preparedness
  responsibilities.
• Plan will be revised as necessary during the
  course of the project.
• We find the emergency action plan very
  problematic. Not to disparage John Graves,
  community wants an emergency director that can
  authorize evacuation and other serious measures
  in case of emergency.

29
Emergency Action Plan Cont.

• EAP includes
• Pre- Emergency Planning Activities
• Prior to commencement of work, Gilbane Emergency
  Coordinator and the LMDC will meet with the FDNY,
  NYPD, OEM, and Battery Park City Certified
  Emergency Response Team (CERT) to discuss
• Emergency Response Activities,
• Agencies roles and responsibilities, and
• To confirm an understanding of the existing
  building conditions.
• Throughout deconstruction activities the Gilbane
  Emergency Coordinator will conduct regular
  emergency preparedness meetings with on-site
  personnel.
• NYELJP has commented again and again that
  Emergency Action Plan without consultation with
  the firefighters (meaning FDNY and UFA) and other
  first responders is SIMPLY INADEQUATE. These
  consultation should have happened months ago, not
  immediately prior to commencement of work. The
  consultation should have been incorporated into
  the EAP beforehand.

30
Emergency Action Plan Cont.

• The EAP also includes protocol for building
  evacuation
• Emergency Response Communication Chart
• Emergency Contact Numbers for Local Authorities
• Evacuation Assembly Area
• Community Notification
• One of the reason LMDC should have consulted the
  firefighters beforehand is that they should make
  sure they are not disrupting the operations of
  E10/L10 during emergency situations. The current
  evacuation plan lists one of the evacuation
  assembly area on liberty street where E10/L10 is
  located. We are concerned that this may
  practically impede rescue efforts.
• LMDC should make sure that emergency vehicles are
  given access at all times. Truck traffic should
  be adjusted accordingly.

31
Community Emergency Action Plan

• Pre-Emergency Planning Activities
• LMDC will meet with Emergency Response Agencies,
  local hospital, and the surrounding Community
  prior to commencement of work.
• LMDC will notify surrounding building landlords
  and superintendents of deconstruction activities
  and EAP.
• LMDC will arrange for the Gilbane Emergency
  Coordinator to meet with the Community as
  necessary.
• We will keep track of how this process is done.
  Perhaps final meeting with community members,
  GEC, and representatives from the first
  responders is necessary.

32
Community Emergency Action Plan Cont.

• In the event of any emergency necessitating
  immediate community action, LMDC will rely on the
  Emergency Response Agencies protocol for
  informing the community of necessary actions and
  impacts during the event.
• In the event of incidents impacting the
  community
• LMDC will activate the phone tree that was
  established with area neighbor volunteers in
  October 2004.
• LMDC will send an email update regarding
  particular incidents.
• LMDC will post flyers in neighboring buildings
  identifying the actions that were taken.
• LMDC will host briefings to discuss the incident
  and measures taken in response to the incident.
• Community members are still concerned that phone
  tree / email wont necessarily reach children

33
Additional Comments re Community Emergency Action
Plan

• In the end, LMDC is relying on the First
  Responders when emergency situation arises.
  Well, LMDC has not really told the First
  Responders whats in that building. How can the
  First Responders effectively handle emergencies
  when LMDC still has not communicated with them?
  
• THERE ARE GOING TO BE DEMOLITIONS IN OTHER
  BUILDINGS IN THE AREA. These buildings would be
  contaminated also. There needs to be a
  co-ordinated emergency response plan. This is
  the crucial reason we want the EPA to come in as
  the lead agency for all demolitions of WTC-dust
  contaminated buildings.

34
Health and Safety Plan (HASP)

• Presents the safety procedures and practices to
  be followed during all Phase I site activities
  to
• Ensure safe completion of tasks
• Ensure prevention of occupational injuries and
  exposures to chemical, physical and biological
  hazards to workers at the Site and
• Ensure compliance with all applicable government
  agencies and regulations, including requirements
  established by OSHA NIOSH USEPA NYSDEC
  NYCDEP NYSDOL, and the City of New York.
• All on-site Contractor and Subcontractor
  personnel are required to strictly comply with
  the provisions of the HASP.
• This HASP is based upon current knowledge of
  conditions at the Site and shall be updated as
  new information becomes available and/or
  conditions change within the Building.
• AGAIN, LMDC should have consulted the First
  Responders regarding the HASP because this is
  information First Responders need to know in
  order to make proper precautions

35
Health and Safety Plan Cont.

• The HASP Outlines
• Engineering Controls
• Personal Protective Equipment and decontamination
  requirements
• Potential physical hazards
• Chemical hazards
• We are especially concerned about fire hazards.
  It seems that fire hazards might increase on the
  IB phase due to demolition equipments. Is this
  true?

36
Coordinated Construction Act

• LMDC will comply with all regulations dictated by
  the Coordinated Construction Act, including but
  not limited to
• The use of Ultra Low-Sulfur diesel fuel
• Hours of operation and
• Pre-planned truck routes

37
Proposed Truck Routes-Phase I

• LMDC developing plan with NYC DOT, NYS DOT, Port
  Authority of New York and New Jersey.
• Proposing the use of Washington Street for access
  to the loading dock and the north plaza area.
• Proposing the use of Albany Street for access to
  the Hoist.
• We suggest that the proposed truck routes do not
  block the ingress / egress of fire trucks in the
  area.

38
Next Steps

• Public outreach
• Submission of plan to regulators
• Submission of plan amendments as required by
  regulators
• Submission of permit applications
• Approval of plan
• Mobilization at site
• REGULATORS COMMENTS SHOULD BE PUBLISHED ON THE
  WEB AS A MATTER OF PUBLIC RECORD.
• We also suggest that that comments from the
  community members be also published.

39
Opportunities for Public Involvement

• E-Updates
• Public Information Sessions
• Comment through the LMDC Website
• Community Board One meetings
• One public comment during CB1 meeting on December
  13th 2004 was very insightful. Deutsche Bank
  and LMDC have spend so much money on testing and
  public outreach. But how much money was spent on
  safety precautions?