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

A few years ago Dr. Roz Schoof assisted FMC in developing fact sheets on arsenic and exposure. These are available on the Middleport, NY web site.

To view the fact sheet on arsenic, click here.

To view the fact sheet on exposure, click here.

During this decade, remediation began of arsenic contamination in Spring Valley (northwest Washington, DC) by excavation. Up to 2 feet of soil was removed from residential and university properties including a child development school area where ever arsenic contamination was above 20 PPM. Excavation seemed to be the only technology used.

Click on the Read Full Article below to view the rest of the story.

Rochester Institute of Technology has a Four President's Distinguished Public Service Award which it presents annually to an RIT faculty or staff member whose public service and commitment mirror that of the four past RIT presidents who worked with the award founder, Alfred Davis.

Ann Howard has received this years award. Ann has served in an official capacity on several community organizations in the Rochester area including NeighborWorks Rochester, Greater Rochester Urban Bounty, Downtown Community Forum, Center for Dispute Settlement, Cornell Cooperative Extension's environmental advisory committee, Kodak Park Citizens Advisory Council and here in Middleport the Community Advisory Panel and the Middleport Community Input Group.

Let's congratulate Ann and thank her for all her tireless community efforts.