Topic: Issues related to the RCRA process

Dr. Watts presentation "A Citizen's Role in the CMS and Risk Assessment" is now available on DVD. Beginning Monday, September 8, you can get a free copy at the Middleport Village Hall on Main St., the Middleport Free Library on Vernon St., the Middleport Family Health Center on Rochester Rd or by sending a request to feedback@middleport-future.com.

The DVD can be played on a regular DVD player connected to your TV or on your computer equipped with a DVD drive, not a CD drive, and with a player installed.

Dr. Daniel Watts is professor of chemistry and director of the Material Characterization Laboratory at the New Jersey Institute of Technology. He provides technical expertise to the Middleport Remediation Advisory Group (MRAG) and the Middleport Community Input Group concerning the environmental remediation activities in Middleport being undertaken by FMC Corp.

During a workshop, which was held at the Middleport Scout House on August 12, Dr. Watts informed residents of their rights and responsibilities in terms of providing feedback and suggestions to the Agencies and FMC regarding the plans outlined in the Corrective Measures Study (CMS). He also provided additional information on the CMS process and identified the periods throughout the process when public input is sought.

In addition, Dr. Watts discussed the citizen's role in the determination of risk assessment in Middleport. Risk assessment is the process of identifying and documenting actual and perceived risks to human health or the environment and allow further evaluation and appropriate remediation responses.

If you prefer to review the slides Dr. Watts showed during his presentation, they are available in our document repository. Find them in the Meeting Presentations section or by clicking here.

The text and diagrams illustrating the arsenic levels from RFI Volume 2 are now available in the RFI Volumes section of the Document Repository. This volume is for the air deposition area of Middleport which is that area south of the Erie Canal to both sides of Route 31 (Rochester Rd.) and both sides of Main St. east to the Niagara/Orleans County line.

Click here to go to that section of the repository.

The volume is in two section: 1) text and diagrams showing the area of concern for this volume, 2) diagrams showing the arsenic contamination at 3, 6, 9 and 12 inches in depth.

From the DOH, EPA and DEC:

In a recent letter to the village, an EPA representative included some general recommendations which the Agencies may provide to an individual homeowner on ways to limit exposure and risk to arsenic. Avoiding consumption of homegrown vegetables was one general recommendation. This was not intended to be interpreted as a general recommendation to avoid gardening or consumption of homegrown produce in the Village of Middleport. Additionally, this was not intended to be a general recommendation that would be provided to all property owners who declined remediation of their property. As the EPA has said in the past, each property is specific and therefore, any recommendations that the Agencies may make to a property owner will likely be specific for their particular soil arsenic concentrations, location of elevated soil arsenic, property use etc.

Not all vegetables take up significant amounts of arsenic from soil. Additionally, for those crops that are more likely to uptake arsenic (leafy vegetables and root crops), the amount of potential arsenic uptake is dependent on many factors, such as soil acidity, organic matter, arsenic type etc. In many cases, the likely potential exposure route associated with gardening in arsenic contaminated soil is the ingestion of soil arsenic that may be present on homegrown produce (e.g. dirt on leaves, roots etc.) that has not been thoroughly washed before consumption. By taking a few simple and practical actions, people can reduce their potential exposure to soil arsenic. Thoroughly washing vegetables and other garden produce before eating, and peeling or skinning root crops, are practical ways to reduce exposure.

These and other practical actions are provided in the NYSDOH Arsenic Fact Sheet. Click on the Read Further link below to see the fact sheet.

A study to determine how well certain plants can take up arsenic from soil is being conducted in Middleport. This study may show the feasibility of using phytoremediation in Middleport to clean up arsenic contaminated soils in yards where the owner desires to save parts or all of their current landscape. Factors such as which plants perform best, how deep can the plants reduce contamination and their efficiency will be determined.

Click on the Read Full Article link below to read the article.

Did You Know......

According to Paul James of HGTV's Gardening by the Yard, the majority of synthetic pre and post emerging herbicides for controlling weeds in lawns contain the chemicals 24D, 245T and arsenic.




Certain brands of potting soil and plant food contain arsenic, some in levels that if they were in your yard would make it a remediation target by the agencies.

Examples: Source: Washington State Dept. of Agriculture: http://agr.wa.gov/PestFert/Fertilizers/ProductDatabase.htm

• Schultz Professional Potting Soil Plus/ African Violets & Blooming Plants 0.08-0.14-0.09                          
  128 PPM of arsenic


• Scotts All-Purpose Plant Food 18-13-13                                                                                                  
  50.9 PPM


• Schultz Professional Potting Soil Plus 0.08-0.12-0.08                                                                                
  34.55 PPM


• Schultz Multicote Time Release Outdoor Plant Food 17-17-17                                                                  
  28.2 PPM


• Schultz Enriched Garden Soil for Flowers & Vegetables 0.5-.10-.05                                                          
  25.57 PPM

And yet the agencies allow these products to be on the open market and on store shelves.

The work plan for the Phytoremediation Pilot Study is now available for downloading in the document repository on this site. The Pilot Study work plan is in two parts: the text and the figures at the end of the document.

The RFI document for the facilities investigation of Middleport and surrounding areas has been divided into 10 volumes. The division of the area for the various volumes are shown on two maps which have been added to the document repository or can be viewed by clicking here. Each area or volume is color coded on the first map except those for Volumes 6 and 7 which are north of Person Rd consisting of Jeddo and Johnson Creeks. They are shown on the second map.

Volume 1 is the history of the area and includes aerial photos as far back as 1931 and Sampson maps showing the village layout of buildings and their usage as far back as the 19th century. Volume 1 is in 2 files and posted in the document repository in the RCRA Document Library.

The CIG has asked FMC to treat Volume 4, Culvert 105 and its flood zone, with high priority and Volumes 5 and 6, the tributary of Jeddo creek both north and south of Pearson Rd, with medium priority. Volume 2, the air deposition area in the village has been completed and submitted to the agencies for approval. That file is also large and is not in the repository yet.

Due to additional questions from Middleport residents about the FMC proposed Corrective Action Management Unit (CAMU), FMC has submitted an article for posting on the CIG web site. It explains what type of material will be placed in the CAMU and presents questions and answers pertaining to the use of a bottom liner, the environmental effect on the area, soil source, if it's hazardous and long term responsibility. Click the Read Full Article link below to read the article. Please post your comments at the end.

In 2003, FMC contracted an outside firm (Exponent) to investigate the actual human exposure to arsenic in soil in the Middleport area. During that summer urine and toenail samples were taken from 439 Middleport residents which included 77 children under 7 year old. This represented more than a quarter of the population in Middleport and a little less than half of the children under 7 who lived in the area at that time. Tests were also performed on samples of vegetables from area gardens, house dust was collected and soil samples analyzed. The detailed report from Exponent is in the document repository of this web site in the Arsenic in Soil - Related Documents.

It should be noted the government agencies have declined to accept the results of this study. The Community Input Group is seeking a clarification of the reasons.

Click the "Read Full Article" link below for the summary extracted from the FMC document "CMS Work Plan for the Air Deposition Area" also in the document repository of this site (See the story below "Corrective Measures Work Plan Now Available".)

The Corrective Measures Study (CMS) work plan for the Air Deposition Area is now in the document repository. You can find it in the RCRA Document Library of the Document Repository in the Main Download section. There are two parts, click here to go to them directly: Part 1 and Part 2.

The air deposition area consists of the residential homes between Main St. and the Niagara/Orleans county line and the canal to Route 31 (Rochester Rd.). The CMS does not include the School property since that has been remediated.