In early 2001 when the Bush Presidency was just starting, and I was forming my political opinions, I thought that it wouldn’t be so bad to have a governor of NJ become head of the EPA. After all despite other areas, Whitman did have an awfully good record on environmental issues so people told me; but alas this was back when some of us felt that Bush at the very least had to be sane, what a difference six years have made.

Coming from the New York Metropolitan area the issues surrounding 9/11 are always on the table. Today, Whitman will testify to Congress on the issue of the EPA response, specifically air quality. What she is expected to say though may develop into quite the haymaker at Rudy’s chin.

According to the Newark Star Ledger Whitman is expected to testify that the EPA did in fact recommend to the City of New York that all personnel at Ground Zero be required to wear respirators. That it was the decision of the City, and specifically the inaction of Mayor Rudy that led to them being forgone.

“We were certainly frustrated at not being able to get people to wear respirators because we thought that was critically important to workers on The Pile,” Whitman said in an interview with WNBC-TV. “Every day, there would be telephone calls, telephone meetings and meetings in person … with the city when we repeated the message of the necessity of wearing respirators.”

So, one could turn this into an attack on Rudy, especially combined with his absence from the Iraq Study Group and claims from members that his excuses amounted to nothing. However, he has plenty of problems on his own.

Let’s not ignore the lede though, Whitmans’ actions need to be examined. And what appears clear is that Whitman and the response to 9/11 represents just another failure of a Bush appointee to handle a major crisis.

It’s simply absurd to believe that the EPA could not have forced workers to wear safety equipment. The federal government while deferring to the NYC government, declared the site a national disaster, and so had the authority to do pretty much anything. That they attempt to claim that people were just being stubborn isn’t good enough of an answer.

In 2003, the EPA inspector general issued a report that said Whitman’s statements about the safety of the air in Lower Manhattan were not based on proper data and needlessly threatened the health of thousands of people.

And last year, U.S. District Judge Deborah Batts refused to grant Whitman immunity in a class action lawsuit, saying Whitman pronounced the air safe even though she knew the collapse of the Twin Towers had released tons of hazardous materials into the air. Batts called Whitman’s statements “conscience-shocking.”

While Batts refused Whitman’s request for immunity from suit, a federal appeals court in April reversed the lower court and said agency officials cannot be sued.

The Bush Administration, where even the EPA can be complicit in the misery of thousands.