On September 30, 2020, the New York State Department of Environmental Conservation (NYSDEC) released its Draft Statement of Basis addressing conditions in Suspected Air Deposition Study Area 2 (Air Deposition Area 2), also known as Operable Unit 3 (OU-3) in the Middleport Environmental Remediation Program. All work in OU-3 is subject to a 2019 Order on Consent entered into with the NYSDEC, which guides the completion of the continued study, evaluation, and remediation, as needed, for all remaining on-site and off-site study areas.

You can view the Draft Statement of Basis here. You can also click on the following to access FMC’s RCRA Facility Investigation (RFI) Report Volume X for OU3 submitted in 2012 the draft Corrective Measures Study (CMS) report for OU3, dated September 2015.

Air Deposition Area 2 consists of portions of six properties located north of the Erie Canal and east of the Niagara/Orleans county line, beyond Air Deposition Area 1 (OU-2). The properties include agricultural fields, wooded land, portions of the New York State Erie Canal embankments, portions of active railroad property and powerline corridor.

In the Draft Statement of Basis, NYSDEC has proposed a remediation alternative that meets the site specific cleanup goal of 20 parts-per-million (ppm), with flexibility, for arsenic in soil.

According to the Draft Statement of Basis: “This alternative would include: excavation and off-site disposal of all soils in OU3 which exceed the site-specific arsenic soil cleanup objective of 20 ppm based on the upper limit of background for this area. The alternative also includes the provision to allow the Department [NYSDEC], on a case-specific basis, to supplement or replace excavation with in-place soil tilling/blending for residential and non-residential properties greater than 5 acres. Prior to approving supplementation or replacement with soil tilling/blending, a Department-approved pilot test demonstrating the ability to achieve the required remedial goals would be required.”

FMC continues to work cooperatively with NYSDEC in complying with the requirements of the 2019 Order on Consent.

FMC also encourages the community to provide input as part of public participation in the remedy selection process. Written comments can be sent to NYSDEC from September 30, 2020 to November 16, 2020. More information is provided in the NYSDEC Fact Sheet.

Residents who have any questions can also contact Jessica Heideman, FMC’s Community Liaison, at 716-735-9769 or visit her at the FMC Community Office at 8 S. Vernon Street in Middleport. Walk-in hours are 9 a.m. – 2 p.m. on Mondays, Tuesdays, and Thursdays. Other times are available by appointment. All COVID-19 protocols are followed.