As part of the Corrective Measures Study to be performed in Middleport by FMC under guidance by the government agencies (USEPA, NYSDEC and NYSDOH) there was a risk assessment study conducted by Dr. Rosalind Schoof of Integral Consulting. The assessment will be used to determine how the arsenic contamination in Middleport soils affects the residents and at what levels contamination becomes a concern.

The result of the survey can be viewed by clicking here.

Dr. Schoof is an internationally recognized expert on arsenic in the environment and has performed past studies on the arsenic contamination in Middleport.

Dr. Schoof held information workshops on November 4th and 5th. A flyer was delivered door to door in the CMS study areas. That flyer can be viewed by clicking here.

Question: Is there a study which indicates what levels of arsenic in soil are acceptable/safe to permit human habitation?


Yes indeed there are several! Anaconda Montana, Denver Colorado and Omaha Nebraska are just a few. The one fact to be aware of is that each state has their own criteria for acceptable levels of arsenic in soil. In Anaconda it is 250 PPM, in Denver it is 75 PPM in Omaha it is 70 PPM for children, adults much higher. In New York it is 13 and 16 PPM depending on the land usage. The reason for the disparity is what naturally occurs in each state and what assumptions are used by the calculating government agencies. What seems to be lost is that we are all the same species of humans and what is safe for one region should be the same for another.

For more information and documents covering some of the studies, look through the Document Repository on this site in Arsenic In Soil - Related Documents within the repository section. (Use this link). The Health Consultation report for Omaha prepared by the Agency for Toxic Substances and Disease Registry which is part of the Federal Department of Health and Human Services is one of the documents there (look for Health Consultation - East Omaha, Nebraska).

The notes from the CIG's September 15, 2009 CIG meeting are now available. They can also be downloaded using the link below.

The final versions of RFI Volumes 1, 2 and 4, agreed to by the government agencies with oversite responsibilities of the Middleport RCRA project, is available in the Document Repository of this site. Click here to go to the category containing the volumes.

Volume 1 contains background and historical information, Volume 2 has the Facilities Investigation of the Air Deposition Area of the village which is that area south of the Erie Canal to Route 31 (Rochester Rd.) and Main St. east to the Niagara/Orleans County line. Volume 4 has the Facilities Investigation of Culvert 105 which is a drainage pathway starting at the railroad tracks north of the FMC plant running to the sewage treatment plant on N. Hartland St.

The draft version for Volume 5 is also there however this volume is currently undergoing revisions negotiated between FMC and the Agencies. This volume has the Facilities Investigation of the Jeddo Creek Tributary (Tributary #1) from Francis St., north to Pearson Rd.

These volumes report on the investigation of the extent of arsenic contamination in soils and creek beds in their respective areas.

The USEPA, NYSDEC and the NYSDOH held an open public comment period for the RCRA Facilities Investigation of the Air Deposition Area and Culvert 105 from May 18 to July 2, 2009. These areas are comprised of the parts of Middleport of Main St. east to the county line and south of the canal to Route 31 as well as the drainage ditch from the railroad to the sewage treatment plant on N. Hartland St. The drainage ditch is a buried pipe from the railroad to north of Sleeper St., however parts of it was an open ditch in the past.

The Agencies received several comments form the public during this open comment period both written and spoken at a session held at the fire hall on June 10, 2009. The responses from the agencies to each of those comments are available on this site in the Document Repository or by clicking here.

The Middleport Community Input Group appreciated the opportunity provided by the government agencies (USEPA, NYSDEC and NYSDEC) for the residents of Middleport to submit their comments pertaining to the RCRA project in the village. Community involvement and two way communications is an important part of the process and needs to be further developed for a successful conclusion which will be acceptable to all.

However the MCIG believed some of the agency responses were incomplete, evasive or unresponsive.

The MCIG has provided comments on some Agency responses since the group would like to continue to emphasize our concerns over some positions and responses the agencies have taken in the past.

Those MCIG comments can be viewed by clicking on the Read Full Article link below.

A letter has been sent to Mr. Brian McGinnis of FMC signed by Mr. Matt Mortifolio of the NYSDEC for himself and Mike Infurna of the USEPA dated September 14, 2009, stating the Agencies (NYSDEC, USEPA and NYSDOH) are in agreement with the CMS Work Plan for the Air Deposition Area and Culvert 105 and that the Work Plan is consistent with the Agencies' Final Corrective Action Objectives.

In conjunction with the FMC proposed schedule, the agencies have set June 15, 2010, as the target date FMC will submit the draft version of the Corrective Measures Study report to the Agencies. August 16, 2010, is the target date for the submission of the final version of the Corrective Measures Study report.

There are three clarifications specified in the letter.

1. The CMS Work Plan describes using "Probabilistic Risk Assessment" to evaluate site-specific human health risks associated with arsenic in soil. The agencies reserve the right to comment on the applicability of these types of risk assessments for the Middleport project, in conjunction with the Agencies' review of FMC's submission entitled "FMC Middleport Risk Management Approach for the CMS Suspected Air Deposition Area 1 and Culvert 105 Study Area" required under Task 2 of the CMS Work Plan.


2. The performance of site-specific risk assessments are considered, by the Agencies, to be one tool but not the only appropriate evaluation method upon which judgments are made regarding human exposure to environmental contaminants and the need for corrective measures.


3. The agencies approval of the CMS Work Plan should not be interpreted as relieving FMC of their obligation under the AOC to satisfy the requirements set forth in an attachment to the AOC (Scope of Work for the CMS).

The document referenced in clarification #1 is targeted for submission by FMC to the Agencies on October 30, 2009. The Agencies will publish their comments on it by December 30, 2009.

Therefore, at this time with the draft version of the CMS report due for submission in June of next year, it appears it should be known by next summer the properties which will probably be recommended for remediation. Although it must be reviewed and agreed to by the Agencies.

The draft investigation report for the Jeddo Creek tributary between Francis St. and Pearson Rd. (RFI Vol 5) has a target date of October 23, 2009. There will be a 45 day open public comment session scheduled at this time between November 9 and December 24, 2009 with an approval of the final version of the report scheduled for February 15, 2010. The CMS work plan for the tributary will follow.

The notes from the CIG's August 11, 2009 CIG meeting are now available. They can also be downloaded using the link below.

The government agencies (USEPA, NYSDEC and NYSDOH) have provided their written responses to the comments made during the 45 day open public comment period running from May 18 to July 2, 2009, for RFI Volumes I, II and IV.

There were 12 written comments submitted to the agencies including E-mail, postcards and written letters from individuals or organizations as well as verbal comments made during a public session at the Middleport Fire Hall on June 10, 2009.

The agencies believe there was no substantive or significant issues raised that were specific to the RFI volumes. Therefore the agencies have approved the volumes for RFI I, II and IV with minor modifications described in the Responsiveness Summary. FMC is now directed to start the Corrective Measures Study once the CMS work plan is approved for the areas within the Air Deposition Area and along Culvert 105.

The Responsiveness Summary is divided into two sections: comments and agency responses from the public and comments and agency responses from FMC. The summary is in the Document Repository in the RFI Volumes Category under Responsiveness Summaries.

To download a PDF copy of the agency document click here