LMDC answers FAQ's about 130 Liberty Street

The Lower Manhattan Development Corporation (LMDC) has posted answers to frequently asked questions about the deconstruction of 130 Liberty Street (Deutsche Bank Building) on its website as well as here on LowerManhattan.info.

Below you will find answers to questions regarding the building deconstruction and removal, timing, emergency procedures, and community outreach efforts.

For additional answers to frequently asked questions about the building acquisition, environmental testing standards, air monitoring, contractor experience and deconstruction protocols, please click here.

What assurance can the LMDC give that no contaminants of potential concern are escaping from the gash in the building?

The LMDC has undertaken several steps, both in the gash area and the remainder of the building, to ensure that contaminants are not released in to the community.  The gash area of the building has previously undergone remediation and has been sealed off from the rest of the building to prevent recontamination, and was done so under the ownership of Deutsche Bank.  Since LMDC took ownership of the building, we have continued the ambient air monitoring program on the exterior of the building to monitor potential contaminants from the gash area as well as the building in general.  The air monitoring results are available on the LMDC web site for public review.

Has LMDC been working with the MTA?  Are subway riders safe?

Yes, the LMDC has been working with the MTA throughout the planning process for the deconstruction project.  The MTA is fully aware of the phased approach to the deconstruction and the regulatory approval process that is necessary before we begin work.  The MTA will receive the revised Phase I deconstruction plan when developed and this revised plan will include all the locations of proposed air monitoring stations. The LMDC will continue discussions with the MTA to coordinate necessary precautions to prevent any contaminants of potential concern from affecting their operations.

Has the LMDC finalized the procedure for transporting and disposing of contaminated materials in a way that does not impact the surrounding area? 

No, LMDC is continuing to review the various alternatives for transporting contaminated materials.  These will be explained in the revised Phase I Deconstruction Plan that will be submitted to the regulatory agencies for final approval.

The Comments from the EPA regarding the Draft Phase I Deconstruction Plan included a comment on fine particles and how the deconstruction of 130 Libertymay contribute to "already unhealthful levels of fine particles in Lower Manhattan."  Is there an explanation for this statement?

The EPA has clarified that the comment regarding "already unhealthful levels of fine particles in Lower Manhattan" is in relation to a much broader air quality issue than anything directly related to 130 Liberty, or even September 11th.  The EPA has developed health-based standards for fine particles in the air and has identified areas throughout the country that attain the standard and identified areas that exceed the standard. The areas that exceed the standard fine particle concentration or contribute to problems in other areas were labeled "non attainment" areas.  The five boroughs of New York City and adjacent areas are a non-attainment area as a result of emissions from motor vehicles, construction equipment, industry, power plants and dense population.  As such, EPA's comment relates to its concern that all reasonable measures should be taken to avoid exacerbating the existing air quality problem whether it be in Lower Manhattan or any other part of the metropolitan area for that matter.  The EPA has numerous initiatives underway to reduce the health threat of fine particles.  For more information click http://www.epa.gov/pmdesignations/

When will the deconstruction start?

The Phase I Deconstruction plan is currently being revised and will be resubmitted to the regulatory agencies for further review and final approval before any cleaning and deconstruction activity begins.  Once final approval is received, the LMDC's contractor will mobilize equipment and prepare for Phase I activities.  It is currently anticipated that this work will begin this summer.

Methodology and Timing

How will the 130 Liberty Street building be cleaned and deconstructed?

A: The proposed Phase I Deconstruction Plan submitted for review to the government regulators provides that the 130 Liberty Street building will be deconstructed in two phases:

• Phase I will involve abatement of identified interior Asbestos Containing Building Materials (ACBM), cleaning and removal of World Trade Center (WTC) dust within the building, and "soft strip and interior gut" of most interior non-structural materials, as well as the erection of the tower crane and hoist on the site. Phase I is scheduled to begin this winter (2004-2005).
• Phase II will include the abatement of identified Asbestos Containing Building Materials (ACBM) associated with the exterior of the structure, the disassembly and removal of some remaining interior non-structural materials, removal of rooftop mechanical equipment and the remaining building envelope, and then finally the structural components of the building.

Phase I has been further subdivided into two stages known as Phase IA and Phase IB:

• Phase IA will include abatement of interior Asbestos Containing Building Materials (ACBM), dust cleaning, and removal of building components needed to complete the dust cleaning and asbestos abatement.
• Phase IB will include removal of interior gypsum wall board partitions, sprayed-on fireproofing, bathroom fixtures, integral shelving and components and remaining small scale mechanical, electrical and plumbing components. These Phase IB activities are commonly referred to as "soft strip and interior gut". After the completion of Phase IA and Phase IB, almost all interior non-structural elements will be removed, leaving the exterior walls and a structural shell.

The Deconstruction Plan details the methodologies and the plans that will be used to deconstruct the building at 130 Liberty Street during Phase I. This plan is divided into seven sections. These sections include:

• Section 1: Waste Management Plan: This plan describes the process to classify and dispose of waste streams that will be generated as part of the 130 Liberty Street Deconstruction Project;
• Section 2: Ambient Air Sampling Program: This plan provides a methodology to monitor for contaminants of concern at monitoring locations around the perimeter of the 130 Liberty Street Building;
• Section 3: Emergency Action Plan: This 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;
• Section 4: Safety Plan: This section provides the safety plans for Gilbane, as well as each subcontractor including CDI, LVI, and Weston; (under review by LMDC; to be provided at a later date)
• Section 5: Health and Safety Plan: This plan presents the practices and procedures that the contractors will follow during the deconstruction of the 130 Liberty Street Building;
• Section 6: Asbestos Abatement Plan: This plan provides a description of the activities necessary to carry out the abatement of Asbestos Containing Building Materials (ACBM) and the cleaning and removal of WTC dust;
• Section 7: Soft Strip/Interior Gut Plan: This plan comprises Phase IB of the deconstruction process. This plan details the deconstruction, removal, and disposal of interior, non-structural materials not removed during Phase IA.

What is the sequencing of the deconstruction plan and what is the current timeline for activities?

A: The goal is to complete the work in 11 sequences beginning with the top 4 floors and continuing downward in 4 floor sections towards the basement. The sequencing and the schedule of these activities will be finalized after approval of the plan.

Development of the two-phased Deconstruction Plan was based on the results of the Initial Building Characterization Study Report that was released for public review and comment in September 2004. The information provided in the current Deconstruction Plan addresses the Phase I work only. A Phase II plan will be developed and presented prior to the start of that work.

The draft Phase I plan is available for public viewing on LMDC's website at www.RenewNYC.com. Please note that the 130 Liberty Street Draft Phase I Deconstruction Plan is currently under review by the regulators and subject to change.

Will LMDC update the Draft Deconstruction Phase 1 Plan to incorporate the results of the Supplemental testing of the interstitial spaces?  Will LMDC resubmit the updated plan to the regulators for approval?

Yes. LMDC will update the Draft Deconstruction Phase 1 Plan to incorporate the results of the Supplemental Testing. This updated plan will be submitted to the regulators for approval prior to starting work. LMDC will also incorporate into the revised plan comments received from the Regulators on the 12/10 plan and comments received from the public.

When will the deconstruction start?

The deconstruction will begin after regulatory approval has been given and all necessary permits have been issued to the LMDC.

What regulatory agencies is the LMDC waiting to hear from?

The LMDC has submitted the plan to key regulatory agencies including the U.S. Environmental Protection Agency, The U.S. Department of Labor/ Occupational Health and Safety Administration, the New York State Department of Labor, the New York State Department of Environmental Conservation, the New York City Department of Environmental Protection, the New York City Department of Buildings as well as the city and state Departments of Health and others.

Containment

How will the LMDC ensure that contaminants are not released from the building?

A: The proposed Deconstruction Plan incorporates results and recommendations from the September 14, 2004 Initial Building Characterization Study Report. Therefore, the proposed Deconstruction Plan does address contaminants identified in the Study and is designed to be:

• Protective of the health and safety of the workers on this project and the neighboring community;
• Compliant with all applicable rules and regulations;
• Consistent with the findings of the "Initial Building Characterization Study Report" that was released for public comment in September 2004; and
• Consistent with current industry standard practices.

The Phase IA work activities (cleaning and asbestos abatement) will begin first and will be largely undertaken from the top of the building down. All necessary asbestos abatement will be conducted concurrent with the dust cleaning activities.

During Phase IA activities, LMDC's contractors and subcontractors will be enclosing the work area and establishing negative air pressure to ensure potential contaminants remain in the building. Once negative air pressure has been achieved, licensed abatement subcontractors will perform limited soft strip to create an open work area, followed by the removal of Asbestos Containing Building Materials (ACBM). Following this will be a thorough cleaning to remove any fibers that may have been released during the abatement of ACBM, and to remove the settled WTC dust.

Before any work is performed, the stairwells, elevator shafts and all other vertical connections between floors will be sealed properly in order to prevent dust from reentering spaces/floors already cleaned and cleared. These vertical connections (stairwells and shafts) will be cleaned last once all floors of the building have been cleaned.

Once the Phase IA cleaning and abatement activities have progressed enough, a safe "buffer" zone will be established to allow the Phase IB work activities to begin. At this point, the Phase IB activities (soft strip and interior gut) will be initiated. There will always be a safe "buffer" zone between these activities to ensure that areas are properly cleaned before materials are removed. All work will be stopped in the event that excessive airborne fibers are detected outside the containment area, if a break is detected in the containment barriers, or if there is loss of negative air pressure. In this event, appropriate correction action will be taken immediately.

Protective Measures

Will there be a plan for residents and workers that provides for emergency procedures and contact information?

A: Section 3 of the Deconstruction Plan is the proposed Emergency Action Plan (EAP). This plan was developed using comments received from the public during the 30-day public comment period on the Initial Building Characterization Study Report that began on September 14, 2004 and ended on October 13, 2004.

The purpose of the EAP is to outline roles and responsibilities of LMDC, its contractors, and appropriate emergency personnel and first responders, in the event of an emergency. The plan identifies potential emergencies and appropriate responses in the event that any incident occurs during the Phase I deconstruction process. The plan also identifies contact information for LMDC and its contractor, Gilbane, as well as URS Corporation, who will be providing construction oversight on behalf of the LMDC.

The Emergency Action Plan also contains pre-emergency planning activities. Prior to commencement of work, Gilbane's Emergency Coordinator and the LMDC will meet with the FDNY, NYPD, OEM, and Battery Park City Certified Emergency Response Team (CERT) to present the EAP and discuss any required collaborative preparation as well as ensure they are informed of the existing building conditions. Throughout deconstruction activities the Gilbane Emergency Coordinator will conduct regular emergency preparedness meetings with on-site personnel to ensure they are provided with the most up-to-date information and procedures.

• Building Evacuation;
• Site Evacuation;
• Community Notification;
• Emergency Response Communication Chart;
• Emergency Contact Numbers for Local Authorities; and
• Evacuation Assembly Area.

(This list is not inclusive of all elements of the EAP.)

LMDC will continue to coordinate with members of the community and stakeholder groups to identify how residents and workers will be notified in the event of emergency situations.

What measures or precautions will be taken to protect nearby residents during the deconstruction process?

A: LMDC and Gilbane will utilize extensive measures to protect the health and safety of residents and workers. In addition to those measures discussed in response to other FAQs above, these measures include:

• A plywood construction fence to restrict site access;
• Sidewalk closures and/or installation of overhead protection;
• 24/7 security guards on-site (fire watch activities, general site security around the building perimeter, building access, etc.);
• External Air Monitoring; and
• Waste Characterization.

The licensed on-site Gilbane Construction Safety Officer will be responsible for ensuring these protective measures remain intact and implementing any corrective measures.

Public Involvement

How will LMDC keep the public informed throughout the project?

LMDC will be hosting a public information session in January to provide the community with an overview of the Phase I Deconstruction Plan and to hear community comments and questions. A formal notice of this meeting will be given once the date is confirmed. In the meantime, the public is encouraged to check LMDC's website at www.RenewNYC.com for project updates.

Gilbane's General Superintendent will also participate in regular neighborhood meetings to directly address the concerns and questions of the surrounding community.

Additionally, the community may sign up for 130 Liberty Street E-Updates, to receive updates and to keep informed on the progress of the 130 Liberty Street Deconstruction Project. Community members are also able to submit electronic comments at this same website. For more information, please contact:

Kate Millea, Community Liaison
Community Development, Programs and Relations
Lower Manhattan Development Corporation
1 Liberty Plaza
20th Floor
New York, NY 10006
212-962-2300
kmillea@renewnyc.com

What type of testing will occur during deconstruction activities?

Testing proposed during deconstruction activities will focus primarily on air monitoring and waste stream testing. Section 2 of the Deconstruction Plan outlines the Ambient Air Monitoring Plan. The program consists of:

• 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.

Section 1 of the Deconstruction Plan outlines the Waste Management Plan. The goal of the plan is to classify the waste streams that will be generated as part of the deconstruction project and identify proper handling, packaging, labeling, transportation, and disposal methods. At this time, anticipated waste streams include:

• Settled WTC dust;
• Asbestos Containing Building Materials (ACBM);
• Deconstruction generated waste including suspended ceiling tiles, carpet, sprayed-on fireproofing, fiberglass insulation, and frames; and
• Miscellaneous items such as light ballasts, lamps, refrigerants, Halon fire suppression systems, and batteries.

LMDC is currently sampling the exterior of the building, as well as the interstitial spaces within, and awaiting laboratory results. The results of this sampling effort will form the basis of the Phase II Deconstruction Plan. Once final quality assurance data reviews are complete, all characterization and monitoring results are available on the LMDC website at www.RenewNYC.com.

Will there be independent testing and monitoring conducted?

Internal air monitoring will be conducted regularly as part of normal procedures outlined in the worker health and safety plans governing each contractor and subcontractor. While this work is occurring, Gilbane will have ample deconstruction field oversight as well as environmental project monitoring. Some of these activities include:

• The use of engineering controls such as negative air during cleaning and abatement activities.
• The collection of air samples:
• On workers performing the activities,
• In the immediate vicinity of the work,
• In the building but outside the immediate area of the work and
• At various locations and elevations outside the building.
• Conducting visual inspections and clearance air samples to document the proper completion of designated work activities in all required areas.

These measures are in addition to the continuing independent ambient air monitoring efforts conducted in the community by LMDC's environmental consultants. The results of current air monitoring efforts by LMDC's environmental consultants are posted on LMDC's website and are updated regularly.

Additionally in September 2004, LMDC retained the services of Kroll Associates as an independent integrity monitor. Kroll's role is to monitor compliance; prevent fraud, cost abuse, and corruption; review plans, policies and procedures to identify and assess risk; and design and implement a corruption prevention program. Kroll's staff is an integral part of the project team. In this role, Kroll will assist LMDC in assuring that environmental testing is conducted and reported properly in accordance with approved plans.

Community Health/ Environmental Protection

How will the deconstruction activities affect residential areas?

A: LMDC is committed to minimizing project impacts to the surrounding community. The deconstruction of the 130 Liberty Street building will be completed in compliance with the rules and regulations that govern all construction activities in New York City, including the recently passed Coordinated Construction Act. Most of the Phase I activities will be occurring within the confines of the building, which means that the curtain wall of the building will serve as a natural barrier for any noise and vibration. The hours of operation for Phase I will be 7:00 AM to 4:00 PM for all trades except elevator operators who will work from 6:30 AM to 4:00 PM. LMDC will also implement general construction controls, and require that all contractors and subcontractors use ultra-low sulfur fuel, thereby reducing the amount of air pollutants released.

Regulatory Agencies

Why are there so many agencies involved in this project? Who are they and what is their role?

The LMDC, the owner of the building at 130 Liberty Street is a joint State-City corporation governed by a Board of Directors appointed by the Governor of New York and by the Mayor of New York. Furthermore, the LMDC is funded by a Community Development Block grant from the U.S. Department of Housing and Urban Development. LMDC will comply with all applicable, city, state and federal regulations regarding the deconstruction of the building.

The LMDC is submitting the Deconstruction Plan to key regulatory agencies including;

• United States Environmental Protection Agency;
• The Office of Occupational Health and Safety;
• New York State Department of Labor;
• New York City Department of Environmental Protection; and
• New York City Department of Buildings

These agencies will review the Deconstruction Plan for compliance with their respective regulatory requirements and submit comments to the LMDC prior to any work being done at the site.

The LMDC also consults with:

• New York State Department of Transportation;
• New York City Department of Transportation;
• New York State Department of Environmental Conservation;
• New York State Department of Health;
• New York City Department of Health and Mental Hygiene; and
• New York City Department of Sanitation.

The LMDC works with the above agencies to coordinate adherence to regulatory requirements as well as develop programs that minimize impacts to the surrounding community.

New Questions, January 27, 2005

Has LMDC issued any e-updates to date?

LMDC has issued 8 e-updates as of January 27, 2005. If you have not received the E-updates and you have signed up, please call Kate Millea at 212-962-2300. To view previously issued E-updates click here. 

Is NYS DOL involved in the project?

Yes, NYS DOL is actively involved in the project.  NYS DOL is one of the regulatory agencies that have received a copy of the Draft Deconstruction Plan for Phase 1 for review and comment.  LMDC is also required to apply to NYS DOL for any variances to NYS Industrial Code Rule 56.

Will the BPC Cert team include residents east of West Street?

Yes, the BPC Cert team is interested in recruiting members that live and/or work east of West Street for the volunteer emergency response program.  All neighborhood volunteers are trained with the skills necessary to respond to their community's needs in emergency situations and to form teams of auxiliary responders.  The CERT group, currently comprised of 121 FEMA trained individuals who reside near the Liberty Street site will respond to emergencies in a coordinated effort with the other emergency response agencies.  Their role in the emergency response will be assisting with community notification and direction, crowd control, and medical and other emergency services as necessary.

Has LMDC had any contact with the local fire station?

LMDC's deconstruction contractor Gilbane has an on-site emergency response coordinator at 130 Liberty Street at all times.  The Chief Emergency Response Coordinator is John Graves and John has been in contact with Engine 10/ Ladder 10 several times to coordinate response protocol and share information.  The LMDC has also coordinated with the firehouse in regards to access and circulation around the station for proper clearance and space availability for the firefighters to be able to respond to emergencies in proper fashion.   The firehouse has received the draft Phase I deconstruction plan for their review and the LMDC will continue to meet with them to discuss the deconstruction plans in depth and ensure a proper understanding of information surrounding the project.

Why did the LMDC change air monitoring companies?  Who is doing the air monitoring now and what are their qualifications?

On August 31, 2004 when LMDC took ownership of the building at 130 Liberty Street the independent licensed air testing company, Ambient Group, that was performing air monitoring under Deutsche Bank's ownership was retained for an interim period by LMDC to continue the outside air sampling program at the building until such time as a comprehensive scope and independent contract could be developed and procured. LMDC expanded the program for testing that was used by Deutsche Bank, and it was conducted by Ambient Group every day since. Consistent with New York State procurement policies and procedures, LMDC issued an RFQ for Environmental Testing and Consulting Services. Through this open competitive process five environmental firms were selected to be on a panel of qualified firms that could be retained by LMDC for environmental work relating the World Trade Center Memorial and Redevelopment Plan. Click here to view the RFQ. Each of the five qualified firms were asked to submit bids on the ambient air monitoring program in place at 130 Liberty Street. TRC Engineers, Inc. (www.trcsolutions.com) was selected from those bids to continue the air monitoring program starting on January 25, 2005. TRC has extensive experience in the environmental field, including 130 Liberty Street specifically and September 11th issues generally. The results from all air monitoring tests have been reviewed and submitted to the New York City Department of Environmental Protection (NYCDEP) and other regulatory agencies for their review and will continue to be submitted on an on-going basis. All air monitoring results are also posted here on the LMDC web site.

• Click here for a report of Air Monitoring Results.
• Click here for an explanation of acronyms and results
• LMDC Proposed Enhanced Air Monitoring Concept
  

To submit questions or concerns to the Lower Manhattan Development Corportation,  click here.

For further information, please visit the LMDC website at www.renewnyc.com