Topic: 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.

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
NYS DEC
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.

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.

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).

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.

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.