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Village of Middleport
Topic: Issues related to the RCRA processThe new items published under this topic are as follows.
FMC filed a notice of dispute regarding the remediation remedy selected and the method it was selected by the DEC requesting EPA consideration and possible reversal. The EPA has declined, stating the consent decree does not allow them to reconsider the selected remedy. FMC disagrees with this position and has filed a petition with the Federal court on Buffalo requesting a judge to examine the consent decree and make a decision whether the EPA can or cannot reconsider the remedy.
Also, FMC filed a suit in Albany court to stop the DEC from imposing their remedy on the community when there are other alternatives that are effective. The DEC remedy would remove any soil with arsenic levels above the established background of 20 PPM. FMC has said they are ready to begin now removing enough soil from each property to bring the average down for that property to 20 PPM. The difference in the amount of soil to remove and time to execute the cleanup between the two alternatives is considerable. The EPA allows for averaging in some regulations. The DEC has not agreed.
The DEC has said in the past they would work with each property owner on an individual basis to allow flexibility in order to save a tree or some other item the owner wanted to save. However in their specifications for the cleanup, the definition of flexibility is so restrictive that very little could be saved if the owner wanted to receive a "No Further Action Needed" classification.
Read the articles published in the Buffalo News or the Lockport US&J.
Posted by: BillA on Jul 02, 2014 - 01:27 AM Read full article: 'FMC Sues Agencies'
The USEPA has withdrawn from the negotiations concerning the Air Deposition Area and Culvert 105 only being involved for informational purposes. This request by FMC is an attempt to bring the EPA in for a review under the current contract FMC has with the Agencies under the past consent decree. This project is still under the guidelines of a federal RCRA program even if the State is making the decisions.
FMC has spent the past year in discussions with the New York State Agencies trying to understand how the parameter “flexibility” will be incorporated into the remedy. After these discussions it has been concluded there is no flexibility and we are actually back to CMA-2, everything above 20 PPM would be remediated.
Some of the factors FMC plans to dispute are:
The dispute procedure should begin in 30 days and could take a year or so to resolve. Our state elected officials will endorse FMC's dispute.
Click Read Full Article below for more.
Posted by: BillA on May 03, 2014 - 12:00 AM Read full article: 'FMC Files Notice of Dispute ' (138 more words)
The RFI report, Volume III, documents the results of environmental investigations (soil sampling and analysis) that has been conducted on since 1973. Click here to download and review this document.
The USEPA and the NYSDEC will open a comment period for anyone to submit written comments concerning the RFI report from March 3 to April 2, 2014. Only written comments are requested and it does not appear there will be an open comment session in Middleport.
Written comments should be mailed to:
EPA Project manager
New York, New York 10007-1866
In addition to the EPA/DEC study, Niagara County Department of Economic Development retained a consultant to perform a Phase II Environmental Site Assessment (ESA) at the property. A Phase I Environmental Site Assessment was performed in 2007. The phase II study was conducted to identify the level of environmental contamination and to determine feasibility of remediation and redevelopment. The EPA/DEC study looked only at soils at the site, however the Niagara County ESA sampled soils and groundwater. Also an inventory of remaining containers and materials in and out of containers was performed along with an asbestos and lead-based paint survey of the existing buildings
Posted by: BillA on Mar 03, 2014 - 07:14 PM
The view is in support of a less drastic approach to remediation in Middleport and suggests the only person who can change the remedy decision made by the DOH/DEC is Governor Cuomo.
Click here to read the guest view.
Posted by: BillA on Sep 27, 2013 - 12:34 AM
The Senator and Assemblywoman asked the Governor to work with them for a more acceptable solution for the community.
To view the letter, click here.
Posted by: BillA on Jun 27, 2013 - 11:45 PM
The responses to comments submitted to the Agencies during the public comment period last summer has also been released. To view these responses click here.
To review the Announcement from the Agencies click here.
Posted by: BillA on May 29, 2013 - 12:24 PM
To view the document click here.
Or click on the Read Full Article link below to read the document on your browser.
Posted by: BillA on Jul 15, 2012 - 03:05 PM Read full article: 'MCIG Frequently Asked Questions' (2359 more words)
Click here to download a copy in PDF format.
Posted by: BillA on Jul 02, 2012 - 12:03 PM
here to download the file in PDF format.
Posted by: BillA on Jun 16, 2012 - 02:00 PM
Arsenic in Soil Contamination - Frequently Asked Questions. Click here to download the PDF file
The Development of New York State Soil Cleanup Objectives for Arsenic in a Q&A format. Click here to download the PDF file.
To view a fact sheet on the public comment period click here.
When reading these documents, please keep in mind they may be controversial. For example the second item of the Arsenic in Soil – Frequently Asked Questions states the agencies consider the absorption of arsenic from soil to be the same as that from water is very questionable. Arsenic in water is in a dissolved state more easily absorbed by the body. Arsenic in soil has changed and combined with other minerals in soil such as iron and copper. The body needs to break these bonds down before arsenic can be absorbed (bioavailability). It has been shown in laboratory studies that the bioavailability of arsenic in Middleport soils is around 45%. Also people tend to drink a lot more water than they eat dirt. The Agencies use of this conclusion to support their selection of a Corrective Measure Alternative along with other conclusions may cause the preliminary selection of a CMA to be flawed.
For more information about calculating bioavailabilty see EPA Region 8's analysis by clicking here.
Posted by: BillA on Jun 16, 2012 - 01:49 PM
Next Meeting Date
There are no plans for a meeting at this time.
All meetings run from 5:30 to 8:00 p.m. at the Masonic Lodge, 20 Main St. in the Village. All Middleport residents and property owners are welcome to stop by anytime while we are meeting.
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