What You Need to Know About the Preliminary Statement of Basis

1.  What did the State Agencies recommend?

In its Preliminary Statement of Basis (PSOB), also known as Draft Statement of Basis, the Agencies recommend remediation of soil on 181 properties, which FMC estimates would take 10 years to complete.  They also propose remediation of soil to a maximum arsenic concentration of 20 parts per million (ppm) on each affected property, with flexibility for the state, “on a case-specific basis…to accommodate property owner concerns with structures, trees, etc., [and] allow for a limited number of samples to exceed this level.”

2.  How does the Agencies’ recommendation compare to the other options? 

The Agencies created a new Corrective Measures Alternative (CMA) for their recommendation.  This new option—which they call CMA 9—is similar to the original CMA 2, impacting 181 properties and calling for removal of 228,000 cubic yards of soil.

Compared to other CMAs, the agencies note in the PSOB that it will “require the establishment of more private property access agreements, involve addressing excavation under more trees (e.g., hand excavation or tree removal/replacement), and result in more truck/vehicle traffic on local streets/roads than CMAs 3-7.”  Based on FMC’s evaluation of the very similar CMA 2, this new CMA will take an estimated 10 years to implement, which is at least twice as long versus nearly all of the other CMAs.

3.  Is the recommendation consistent with what the community desired?

No. The state’s recommendation is not only counter to years of scientific research and evaluation, but it also ignores the wishes of the Middleport community about site-specific remediation.  The proposed remedy would negatively impact property owners and could disrupt the community for up to 10 years.

4.  What is FMC’s view of the recommendation?

FMC has conducted extensive cleanup in the community, investing more than $200 million in clean-up and neighborhood renovation over the last 20 years.  It’s time to finish the job on Air Deposition Area #1 and Culvert 105, but it is essential to implement a remedy that is right for the affected property owners and broader community.  FMC is ready and willing to implement a compromise remedy CMA 3, which would more than adequately protect human health and safety, provide a sufficient clean up, and cause less disruption to the community.  Many members of the community favor “no further action.”

5.  Are there health risks to the community?

FMC shares the agencies’ commitment to health and safety, and the remedy must recognize that several scientific studies show no increased health risks to residents.  FMC commissioned an independent study by an international recognized expert on arsenic toxicology, Dr. Rosalind Schoof.  Her study found no increased exposure to arsenic in Middleport residents and no increased risk from the arsenic in the soil.  Based on several scientific studies, there is no meaningful risk reduction from any of the additional corrective measures that have been proposed.

Draft Statement of Basis and Public Meeting

The Agencies have made their Draft Statement of Basis for the suspected air deposition and Culvert 105 study areas available.  The Draft Statement of Basis outlines the Agencies’ choice for a Corrective Measure Alternative for the remediation of arsenic in soil in Middleport.  Also available is the Responsiveness Summary for comments submitted during the 2011 CMS Public Comment Period.  These documents, plus Factsheets from the Agencies are available in the CMS document library as well as at the Middleport Free Library at 9 Vernon Street.

The Agencies held a Public Meeting for the Draft Statement of Basis on June 27, 2012 at the Middleport Fire Hall in Middleport, NY.  They also held a Public Availability Session on June 28, 2012 at the Middleport Fire Hall.  The Public Meeting announcement can be viewed here.

For information or for answers to your questions about these programs please call FMC Community Relations at 735-9769. Please leave a message so that we can return your call.

Draft Statement of Basis and Public Meeting – Middleport, NY 2012 – FMC Corporation

Corrective Measures Study (CMS) Information

CMS Information
FMC has prepared a Draft Corrective Measures Study (CMS) Report for the suspected air deposition study area south of the Erie Canal and west of the county line and the Culvert 105 study area.


For an informational brochure for study area residents about FMC’s RCRA Corrective Action Environmental Program in Middleport dated May 2011 click here.

FMC submitted a Draft Corrective Measures Study (CMS) report to the Agencies on May 17, 2011.

The Draft CMS Report is available to the public for review online in the CMS document library, at the FMC document repository at the Middleport Free Library, and at FMC’s 15 Main Street office in the Village.

The Agencies held a public meeting on Tuesday, June 14, 2011 at the Middleport Fire Hall, 28 Main Street in Middleport, which was during the 45-day comment period. The sessions took place from 2 to 4 PM and from 6:30 to 8:30 PM. The public can provide their comments on the Draft CMS Report at any time from May 17 to July 1, 2011.

All Royalton-Hartland district residents were informed of the meeting through a mailing from the Agencies, a notice in the local paper and through announcements on this and the Middleport community website.

Click here to view FMC’s presentation given at the evening session of the June 14, 2011 meeting. A transcript of the meeting will be available on this website soon.

After the close of the public comment period, the Agencies will make a preliminary selection of remedial (or corrective) actions(s), which will be followed by a second 45-day public comment period and public meeting. The Agencies will then issue their final decision on what remedial action(s) may be need to be performed.

Once the Agencies’ final determination has been made, FMC will begin the Corrective Measures Implementation (CMI) phase. The CMI phase, which involves the planning and design of specific remedial activities for the properties identified, could take several months to a year to complete depending on the number of properties that the Agencies may determine require remediation.

FMC will keep the community and study area residents informed of the progress of the progress of the CMS in Middleport on this website, at public meetings and in mailings.

For information or for answers to your questions about these programs please call FMC Community Relations at 735-9769. Please leave a message so that we can return your call.

~ To download a video of balloons marking the proposed CAMU height – June 2011 click this link. ~

 

~ CMS Information – Middleport, NY 2011 – FMC Corporation ~

Public Meeting

Public Meeting Regarding FMC’s Draft CMS Report

The Agencies held a Public Meeting on June 14, 2011 at the Middleport Fire Hall, 28 Main Street, Middleport NY. Two sessions were held, one from 2 to 4 PM and another from 6:30 to 8:30 PM.

Read the Agencies Public Meeting Transcript - During the second session of the Public Meeting, FMC and Agency representatives presented information about the Draft CMS Report. Following this, residents were allowed to make public comments. The 68-page transcript from this evening session is available in pdf format from this link, from the CMS Document library online and a hard copy is at the Middleport Free Library, 9 Vernon Street.