The RCRA Process

The Agencies' RCRA Environmental Process in Middleport

The Agencies (the United States Environmental Protection Agency, New York State Department of Environmental Conservation and the New York State Department of Health) will determine that arsenic levels, and levels of other chemical compounds such as lead and chlorinated pesticides, associated with historic operations at the FMC Middleport plant have been adequately defined for all study areas.

Then, FMC will complete revised and expanded RFI reports that will include all data collected from all the areas sampled on both the FMC plant site and off site properties, including those along the tributary and culvert.

The revised and expanded RFI reports will be submitted to the Agencies for review, and made available for public review and comment.

The Agencies will evaluate sampling results and possible exposures to determine if any immediate remedial action (Interim Corrective Measures, or ICMs) is needed for any area identified in an RFI report.

If the Agencies determine from review of an RFI report that remedial action should be taken, they will direct FMC to perform a Corrective Measures Study (CMS).

The CMS will identify and evaluate various alternative remedial actions. A CMS considers a number of factors such as the size of the areas and the degree to which they have elevated levels, human exposure and health risks, environmental exposure and risks, community interests, costs and feasibility.

A decision on any final remedial actions(s) will be made after a CMS has been completed and reviewed by the Agencies, and will be available for review by the public. It will take into account public comments. The completion of sampling programs and availability of the sampling results is only a step in this process. The RCRA process and the selection of a final cleanup action, if warranted, can take several years.

In the shorter term, the Agencies will evaluate the sampling results and possible exposures to determine whether an ICM or ICMs are needed, and whether additional sampling is needed to further define the present extent of elevated levels of arsenic and other compounds associated with historic operations at the FMC Middleport plant.

Some Basic RCRA Terminology

RCRA (Resource Conservation and Recovery Act) — A federal law enacted in 1976 to protect human health and the environment with respect to the management and disposal of solid wastes and to support the recovery and reuse of materials.

RFI (RCRA Facility Investigation) — Soil and water are tested to see if past activities have affected the environment. The tests characterize the nature, extent and rate of releases.

CMS (Corrective Measures Study) — Part of the RCRA process. This study uses information from soil and water testing to determine if remediation is needed and the way it would be done.

CMI (Corrective Measures Implementation) — Part of the RCRA Process. CMI phase involves the design and implementation of a chosen remedy.