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Topic: Issues related to the RCRA process

The new items published under this topic are as follows.

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Issues related to the RCRA process
Another EPA cleanup of contaminated residential soil is taking place in Tacoma Washington. A fact sheet along with Q & A's is available by clicking here .

An area in or near Tacoma has been contaminated by the former Asarco Smelter in Ruston/North Tacoma. Surrounding areas have been contaminated with arsenic and lead. Areas closest to the plant will be cleaned up by the EPA with Superfund money. Outside that area, the Washington State Department of Ecology (Ecology in the fact sheet) is performing the cleanup. The Ecology is probably similar to our NYSDEC.

The fact sheet and Q & A's provide a good explanation of the remediation solutions and the justifications, based on risk, of those selected solutions.

Click below (Read Full Article) for a review of those solutions.

Posted by: BillA on Jun 10, 2012 - 02:55 PM  Read full article: 'Tacoma, Washington Cleanup' (227 more words)

Issues related to the RCRA process
FMC has submitted their draft of the Corrective Measures Study (CMS) Work Plan for Volume V to the government agencies for their review and approval. This volume covers the Jeddo Creek tributary between Francis St. and Pearson Rd. The study effects those properties with land in the flood plain of the tributary which include properties on the west side of N. Hartland St. and some properties on Church St, Francis St., Orchard St., Chase Rd. and Sherman Rd. including the mobile home park.

The work plan is available in the Document Repository under CMS Work Plans. Click here to download the PDF file directly.

Please keep in mind this is not the actual CMS but a plan on how the CMS will be developed.

Posted by: BillA on Aug 15, 2011 - 01:52 PM  

Issues related to the RCRA process
The transcript from the public session held on June 14, 2011, at the Middleport Fire Hall so government agencies with over site of the FMC remediation project in Middleport could receive comments on the draft Corrective Measures Study Report for the Air deposition Area and Culvert 105 is available through this link: Click here

Posted by: BillA on Jul 21, 2011 - 12:49 PM  

Issues related to the RCRA process
The Draft CMS Report for the Air Deposition Area and Culvert 105 study areas is available for review. There is also a much shorter Executive Summary. The Draft CMS Report, Executive Summary and Appendices are available for download as PDF files from the Document Repository on this web site. The full unabridged version is also available at the Middleport Library or at the FMC office at 15 Main St.

Click here to go to the table of contents.

The public comment period will begin May 17th and ends July 1, 2011. Concerned individuals can submit comments or questions to the agencies by sending them in written format to :
Mr. Matt Mortifolio
NYSDEC Project manager
625 Broadway
Albany, NY 12233-7017

Written comments can also be E-mailed to

There will be an open public session at the Middleport Fire Hall were verbal comments can be made. An afternoon session between 2:00 PM to 4:00 PM will be informal were members from the three agencies will sit down in one on one discussions. The evening session between 6:30 PM to 8:30 PM will be a formal session with brief presentations from both FMC and the Agencies before the floor will be open for anyone to give a verbal comment. There will be a stenographer present who will transcribe the session for later publication. All written and verbal comments/questions will be answered by the Agencies and published for public review sometime later in the summer or early fall.

Posted by: BillA on May 16, 2011 - 11:52 AM  

Issues related to the RCRA process
FMC and the government agencies have come to an agreement on how to proceed with the CMS for the Air Deposition Area and Culvert 105. There were 4 requests from the list of directives by the Agencies for changes to FMC's CMS report which FMC did not accept in their letter to the Agencies dated December 10, 2010.

In a letter dated December 21, 2010, FMC accepted the Agencies' modified directives and therefore avoided any action that would lead to filing for dispute resolution under the current Oder of Consent. FMC has set a target date for May 20, 2011 for completion of the revised CMS report. At that time there will probably be another review and comment by the Agencies before an agreed to report can be ready for public review.

The MCIG does not anticipate a need for the next meeting until the May time frame. An announcement will be made at the appropriate time. Updates will be made monthly using the "Keeping You Posted" notes available in the Document Repository under Meeting Materials.

Click the Read Full Article link below for more detail.

Posted by: BillA on Dec 28, 2010 - 02:07 PM  Read full article: 'CMS for Air Deposition and Culvert 105 Update' (597 more words)

Issues related to the RCRA process
The Agencies responses to comments made during the open public session are available in the Document Repository.
Click here to download a copy.

There were only two written comments submitted during the period and there were no verbal comments made during the session at the fire hall.

There were, however, at least two questions or comments made during one-on-one discussions between residents and representatives from the agencies at the fire hall. Even though these comments may be pertinent to the subject of cleanup and safety, they are treated as private discussions by the Agencies and are not included.

Posted by: BillA on May 25, 2010 - 12:20 PM  

Issues related to the RCRA process
The government agencies with oversight of the arsenic contamination studies and remediation projects in the Middleport area conducted an open public session at the fire hall on Wednesday, January 13, to receive comments from concerned residents and property owners on the results of the facilities investigation along the Jeddo Creek tributary south of Pearson Rd.

The report of the investigation is provided in the document entitled RCRA Facilities Investigation #5. The text and some figures can be downloaded from the document repository of this web site by clicking here.

The report includes the sampling data taken from properties near or bordering the tributary between Francis St. and Pearson Rd. and land within the floodplain of the tributary. These results will be used in the Corrective Measures Study for the tributary to determine what remedial action will be taken in that area.

A notice was be mailed by the agencies to all concerned parties (residents, property owners, local governments, stakeholders, etc.) announcing the session. To view the text of this notice click here.

Those who still wish to make comments may mail them to:

Matt Mortifolio, DEC Project Manager
625 Broadway
Albany, NY 12233-7258

The last date to submit comments is February 15, 2010. The Agencies will provide written responses to all comments which will be available some time later at the Middleport Library, and on this web site.

Posted by: BillA on Dec 16, 2009 - 12:33 PM  

Issues related to the RCRA process
As part of the Corrective Measures Study, FMC will include a study on the feasibility of soil tilling as a technology to reduce surface contamination of arsenic by blending uncontaminated soil below the surface with contaminated top soil.

A couple of methods will be used: tilling and bull dozing. The tilling study will be performed on two parcels in Middleport, one in the Air Deposition Area and one along Culvert 105. A combination of shallow tilling and bull dozing will be used on the parcel along the culvert. A deep tilling machine will be used on the parcel in the Air Deposition Area. This machine can till soil up to 3 feet deep. Use this link to view a picture of this machine.

FMC will perform this experiment the week of November 16th, weather permitting.

Posted by: BillA on Oct 25, 2009 - 12:42 PM  

Issues related to the RCRA process
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).

Posted by: BillA on Oct 17, 2009 - 01:01 PM  

Issues related to the RCRA process
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.

Posted by: BillA on Sep 30, 2009 - 12:57 PM  Read full article: 'MCIG Response to Agencies Comments' (1314 more words)

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