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Clean Water Advocacy - Newsroom - AMSA in the News

Sept. 11 still having environmental effects, say agencies, insurers
Security
Greenwire
04/15/2002
Molly Villamana, Greenwire staff writer

The terrorist attacks of Sept. 11 and subsequent anthrax caused a barrage of new environmental issues, most immediately the questions of who would be in charge of the cleanups, when would areas be considered clean, and what safety measures could be taken to prevent environmental damage. On Friday, lawyers attending the American Bar Association's national spring conference on the environment in Washington heard from panelists that financing and cleaning up the destruction remain ongoing concerns.
After the planes struck the World Trade Center, the U.S. EPA immediately asked who would be legally responsible for the cleanup. President Bush instated the National Contingency Plan to put the Federal Emergency Management Agency in charge, with EPA as organizer. Marianne Horinko, head of EPA's Office of Solid Waste and Emergency Response, said the agency's plans outlining potential disasters did not come close to dealing with an attack of such magnitude, and Sept. 11 was largely a learn-as-you-go experience. EPA did not have a procedure for dealing with anthrax contamination through the postal system either, but Horinko applauded her agency for quickly establishing and implementing cleanup plans.
Agencies beyond EPA were also faced with unprecedented environmental implications, such as members of the Association of Metropolitan Sewerage Agencies. Combined, they represent over 300 public agencies, including New York City's water agency, and treat 18 billion gallons of wastewater daily.
After Sept. 11, the New York Department of Environmental Protection had to quickly reassess its water treatment plan to deal with the unknown chemicals flowing into the city's storm sewers. Rain expedited the flow, resulting in the city reversing its 100 percent reuse policy for biosolids. Instead of giving farmers the organic material left after the water was treated, the agency began to place it in landfills. Alexandra Dapolito Dunn, general counsel for AMSA, said the unknown chemical component made the material too unsafe to distribute.
And instead of processing and recirculating the water used to decontaminate sites where anthrax was discovered, New York bottled 10,000 gallons of contaminated water. The city will not accept the water until the Centers for Disease Control and Prevention and/or EPA establish a protocol to treat it and determine if it is safe to be processed. Until then, the water remains at a storage facility, Dunn said.
Boca Raton, Fla., faced the same question of what to do with its water from decontaminating the American Media Inc. building. The city decided to treat its water with chlorine. Boca Raton and New York had the same problem and questions, but without a national plan the cities could take separate actions. CDC and EPA are working together to formulate a protocol for anthrax while discussing procedures to deal with other chemical threats. Until that time, local authorities are making the decisions, which Dunn added need to be made carefully and with counsel involved.
Insurance agencies are also learning how to operate in the new environment, juggling the question of whether to cover terrorist attacks and if so to what degree. Karl Swanson, vice president and division counsel at AIG Environmental, said AIG was familiar with providing insurance for "normal" pollution problems but entered new territory when it began covering the Brentwood postal facility in Washington.
Swanson said such cleanup processes will be an inexact science, making it difficult for insurers. Some agencies have instated a terrorist exclusionary principle where their insurance would not cover terrorist attacks, but AIG is now allowing some companies to buy back that principle, which would cover a limited area, typically one square mile from the attack, Swanson said.
EPA is hoping Congress will continue to allocate resources to the agency, including financial support, to allow cleanup to continue. Horinko said the agency also asked for further clarification about who is to be in charge of large cleanup projects such as the Sept. 11 terrorist attacks. Dunn said additional funds are also needed for the sewerage agencies. Prior to Sept. 11, Congress had been discussing funding to protect the water supply, and now these bills include money for security at sewer plants as well.