A letter has been sent to Mr. Brian McGinnis of FMC signed by Mr. Matt Mortifolio of the NYSDEC for himself and Mike Infurna of the USEPA dated September 14, 2009, stating the Agencies (NYSDEC, USEPA and NYSDOH) are in agreement with the CMS Work Plan for the Air Deposition Area and Culvert 105 and that the Work Plan is consistent with the Agencies' Final Corrective Action Objectives.
In conjunction with the FMC proposed schedule, the agencies have set June 15, 2010, as the target date FMC will submit the draft version of the Corrective Measures Study report to the Agencies. August 16, 2010, is the target date for the submission of the final version of the Corrective Measures Study report.
There are three clarifications specified in the letter.
- The CMS Work Plan describes using "Probabilistic Risk Assessment" to evaluate site-specific human health risks associated with arsenic in soil. The agencies reserve the right to comment on the applicability of these types of risk assessments for the Middleport project, in conjunction with the Agencies' review of FMC's submission entitled "FMC Middleport Risk Management Approach for the CMS Suspected Air Deposition Area 1 and Culvert 105 Study Area" required under Task 2 of the CMS Work Plan.
- The performance of site-specific risk assessments are considered, by the Agencies, to be one tool but not the only appropriate evaluation method upon which judgments are made regarding human exposure to environmental contaminants and the need for corrective measures.
- The agencies approval of the CMS Work Plan should not be interpreted as relieving FMC of their obligation under the AOC to satisfy the requirements set forth in an attachment to the AOC (Scope of Work for the CMS).
The document referenced in clarification #1 is targeted for submission by FMC to the Agencies on October 30, 2009. The Agencies will publish their comments on it by December 30, 2009.
Therefore, at this time with the draft version of the CMS report due for submission in June of next year, it appears it should be known by next summer the properties which will probably be recommended for remediation. Although it must be reviewed and agreed to by the Agencies.
The draft investigation report for the Jeddo Creek tributary between Francis St. and Pearson Rd. (RFI Vol 5) has a target date of October 23, 2009. There will be a 45 day open public comment session scheduled at this time between November 9 and December 24, 2009 with an approval of the final version of the report scheduled for February 15, 2010. The CMS work plan for the tributary will follow.
