Topic: Issues related to the RCRA process

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.

The materials presented during the June 10th agencies' public session at the Middleport fire hall by Matt Mortifolio from the New York State DEC and Brian McGinnis and Wai Chin Lachell from FMC are now available for download in the Meeting Materials section of the Document Repository.

Click here to download the DEC presentation.

To download FMC's presentation, click here.

The transcript will be posted when it becomes available.

The public comment period has ended. The agencies should be replying to all those who submitted comments within the next few months.
The US Environmental Protection Agency (EPA), the NYS Department of Environmental Conservation (DEC) and the NYS Department of Health (DOH) will be holding public involvement sessions regarding some of FMC's off site environmental investigations. The areas of concern for the open sessions will be the Air Deposition Area which is south of the canal to Rochester Rd. (RT 31) and between Main St. and the Orleans County line and the second area of concern are the properties transversed by Culvert 105 to Pearson Rd. These two areas are covered by Resource Conservation and Recovery Act Facilities Investigation (RFI) Volumes I, II and IV.

The sessions will be held at the Middleport Fire Hall, 28 Main St. on Wednesday, June 10, 2009, where the public can discuss the investigations, ask questions and make comments concerning the contents of the three volumes or any other matters pertaining to the remediation activities in Middleport. There will be two sessions. One from 2:00 PM to 4:00 PM will be informal where the public can talk, one-on-one, with members of the agencies or the FMC Corporation. The other session will be held from 6:30 PM to 8:30 PM and will start off with brief presentations by the agencies and FMC and then be opened to the public so verbal comments can be made and be placed in the record. Written comments can also be handed to the agencies during both sessions.

A written comment period will run from May 18 to July 2, 2009 where the public can send in their comments to the agencies. These comments should be mailed to:

Mr. Matt Mortifolio
NYSDEC Project Manager
625 Broadway
Albany, NY 12233-7258

To view the text, maps and data tables of the RFI Volumes click here.

The complete volumes are available in the FMC Document Repository at the Middleport Village Library, 9 Vernon St. or at the FMC House at 17 Vernon St.

For more information you can go to the DEC web site by clicking here.

For a brief description of the three RFI Volumes, click the Read Full Article link below.

The Middleport Community Input Group has been given maps generated by the agencies showing the arsenic soil contamination levels for the air deposition area of the village. These maps do not show levels for the areas north of the canal.

The agency maps have been drawn showing the averages for each residential property or, in the case of agricultural fields, the average for a 100 by 100 foot square. The first map shows the mean (average) for each property or square of surface soil samples. Typically surface soil sampling is taken from the top 3 inches. The second map shows the highest mean for either just surface or surface and subsurface (up to a foot deep) combined with outliers removed. Outliers are readings either so low or so high they don't make sense when compared to surrounding sampled areas. The location of these outliers are shown by dots on the map which are defined in the legend of the map. The third map is the same as the second only the outliers have not been removed for the calculation. The best map to look at is probably the one showing mean averages with outliers removed.

These maps are different than those generated by FMC which were included in the RCRA Facilities Investigation report, Volume II. The FMC maps were generated by feeding sampling results to a computer program which then drew the contamination levels. As is known for computer programs, the output is only as good as the input and the programing. The agency maps only used mathematics to determine a mean or average and do not show possible variances with in a property but draw each property or square one color. The FMC maps show how the levels of contamination may vary from one section of a property to another.

The agencies' maps are now in the document repository of this web site Click here to download them.

To download the maps from the RFI Volume II FMC generated, click here.

This is an article which appeared in the publication Environmental Health Perspectives described the problems of the increasing demand for housing and the concerns of converting former agricultural land to residential developments, some which were once orchards. These orchard areas were treated with pesticides and other chemicals during there productive lifetimes. Now these former orchards are contaminated with arsenic and other chemicals.

The article goes through the history of chemical usage, how these chemicals entered the surrounding soil and how dangerous it is today. What can and should be done with these areas is reviewed.

In particular, the Barber Orchard private residential community development, a 500 acre subdivision near Waynesville, North Carolina, is described and how the arsenic contamination was handled.

To download the article in PDF format from the publication's web site click here.

To view the article in your web browser click here.

To go to the Environmental Health Perspectives home page click here.

On October 28, 2008, Dr. Terri Bowers gave a presentation at the Junior High School on "Arsenic in the Environment". Dr. Bowers discussed how arsenic is a naturally occurring element in our environment, where it typically is found and how people are exposed to it. Some detail was given on the studies performed in New York State and in particular Middleport. To view the slides of Dr. Bowers' presentation click here.

For information about Dr. Bowers, click on the Read Full Article link below

RFI Volume 4 is now available in the Document Repository.

This volume covers the investigation of Culvert 105 from the inlet on the Coe Property near the railroad tracks to the sewage treatment plant at the north end of North Hartland Street. This Culvert is part an old storm drainage system which is underground south of the canal but an open ditch for part of its run north of the canal. It runs behind the properties on the east side of N. Hartland Street north of Sleeper St.

Early remedial actions last year cleaned up contamination and buried the open sections using culvert pipe between the canal at Margret Droman Park and Sleeper St.

You can go directly to the download section by clicking here. Look for the Volume 4 references. Volumes 1 and 2 are also in this section.

These questions were submitted to the CIG through the "Leave a Comment" section of this web site

Why would FMC endanger all residents with the remediation of the soil by digging it, hauling it to a CAMU, and then testing it? If it is tested positive then it has to be removed again. How is it tested? Per what measurement per load is it tested before more is dumped onto it?

If CAMU is filled, why is there not a plan in place prior to remediation for another site instead of waiting until it is near full to find an alternative site? To be able to get another site it must be approved through several sessions by the NYSDEC, correct? Then this would alternately stop remediation and open ground with contaminates at the remedial site, correct?

With out a liner doesn't contaminates run off and run through the soils of the surrounding areas. Isn't this why the remediation is taking place now because of run off from FMC that contaminated the soil in and around Middleport? Your response to protecting the residents in the area by stating, "Due to the levels and nature of the contaminated soil that would be placed in the CAMU, there will be "little prospect of any migration" from the CAMU. Moreover, FMC has an active groundwater control system in place to deal with any migration." Does it deal with migration or does it only detect migration? Please explain. Thank you

Click on the "Read Full Article" link below to read FMC's answers.