Current Status

Update: September 30, 2019 – 10 a.m.


FMC Statement on Small Pump House Electrical Fire

At approximately 8:00 a.m. this morning, a small electrical fire occurred within a groundwater pump house on the property of FMC’s Agricultural Sciences Plant in Middleport. The pump house supports the water treatment plant and is not part of the plant’s operations and no chemicals were involved.

The fire was quickly contained by the Middleport Fire Department as FMC’s emergency plan was implemented and notification of the incident was given to the Village of Middleport, the Royalton-Hartland School District and the New York State Department of Environmental Conservation.

There were no injuries and the plant did not cease operations. The cause of the fire is currently under investigation.

Update: July 8, 2019


FMC Submits OU6 Reach T1 BC-Block Supplemental Sampling Work Plan

FMC has submitted and received approval on the OU6 Reach T1 BC-Block Supplemental Sampling Work Plan, which was submitted in accordance with the recently signed Order on Consent and Administrative Settlement. Click here to view the Work Plan.

The Order stipulates that FMC will collect additional soil samples at Properties BC7 through BC10 (four residential properties) within Reach T1 (i.e., south of the Erie Canal) of the off-site study area identified as Tributary One and Flood Plain South of Pearson/Stone Roads Study Area (OU6). Reach T1 consists of the first approximately 1,600 stream feet of Tributary One (to Jeddo Creek) and associated flood plain downstream of FMC Middleport Plant’s historical (pre-1977) discharge outfall to Tributary One. Stream sediment and flood plain soil were evaluated for constituents historically manufactured, formulated, handled, and/or used at FMC’s Middleport plant.

The purpose of the OU6 Reach R1 BC-Block Supplemental Sampling Work Plan is to further evaluate soil arsenic concentrations within these properties and thereby determine whether it is appropriate to include these properties (or portions thereof) in the Corrective Measures Study (CMS).

Update: June 7, 2019


FMC Corporation Works Cooperatively With New York State on Mutually Agreed-Upon New Order on Consent for Middleport Area Remediation

FMC Corporation announced today that, as a follow up to an earlier-disclosed agreement in principle, it has entered into a new Order on Consent and Administrative Settlement with the New York State Department of Environmental Conservation (NYSDEC). This document is the framework for activities related to the remediation of on-site and off-site areas impacted by historical operations at the Company’s site in Middleport, NY and to resolve other issues at the site. The Order on Consent was also approved by the United States Environmental Protection Agency.

The settlement is consistent with FMC’s financial commitments previously reported in the Company’s 2018 Form 10-K filing. Under the new Order, NYSDEC will continue to undertake environmental remedial work through the 2020 construction season, with FMC taking over the remediation work after 2020.

“FMC employees have lived and worked in the Middleport area community for decades,” said Roberta Kloda, FMC Middleport plant manager. “All parties involved are working together with the same goal in mind – to continue protecting human health and the environment while maintaining safe operations at the facility."

Click here to access the 2019 Order on Consent and Administrative Settlement.

Residents who have questions can 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. Special evening hours will also be available to area residents over the next few weeks.

Update: February 1, 2019


FMC To Re-Initiate Supplemental Sediment and Soil Sampling Activities in OU7 and OU8

FMC Corporation (FMC) will resume supplemental sediment and soil sampling activities in March 2019, weather permitting, for properties along Tributary One North of Pearson/Stone Roads, known as Operable Unit (OU7), and Jeddo and Johnson Creeks (OU8).

FMC began conducting sampling in late August/early September 2018 as part of ongoing environmental studies requested by the New York State Department of Environmental Conservation (NYSDEC) and the U.S. Environmental Protection Agency (USEPA) (collectively called “the Agencies”). Property owners were informed in December 2018 that field activities had been suspended as a safety precaution during local hunting season, with plans to resume sampling efforts in spring/summer 2019.

The Agencies, in consultation with the New York State Department of Health, had directed FMC to submit a Supplemental Sampling Work Plan for OU7 and OU8, which was approved in July 2018, to address a number of soil and sediment sampling data gaps determined by the Agencies after review of previous sampling conducted by FMC in the study areas during and before 2006.

The additional sampling will provide data for the preparation of Resource Conservation and Recovery Act (RCRA) Facility Investigation (RFI) Reports and a Corrective Measures Study (CMS), if required, for the operable units.

The study area, north of the Village of Middleport, includes approximately 75 residential, commercial, agricultural and public properties along the upstream portion of Tributary One north of Pearson/Stone Roads and Jeddo and Johnson Creeks.

FMC is contacting property owners in the study area regarding access agreements and representatives are available to answer questions about the Work Plan and the access agreements with extended FMC Community Office hours from 5 p.m. to 8 p.m. on Wednesdays in February. The Work Plan is available for public review on the FMC-Middleport website, at FMC’s Community Office at 8 S. Vernon St., Middleport, and in the document repository at the Royalton Hartland Community Library, 9 S. Vernon St., Middleport.

Please click here to see the Supplemental Sampling Work Plan for OU7 and OU8.

Update: July 25, 2018


FMC To Conduct Supplemental Sediment and Soil Sampling Activities in OU7 and OU8

FMC Corporation (FMC) will perform supplemental sediment and soil sampling activities later this summer for Tributary One North of Pearson/Stone Roads, known as Operable Unit (OU7), and Jeddo and Johnson Creeks (OU8) at the request of the New York State Department of Environmental Conservation (NYSDEC) and the U.S. Environmental Protection Agency (USEPA) (the Agencies).

The Agencies, in consultation with the New York State Department of Health, approved FMC’s June 2018 Supplemental Sampling Work Plan for OU7 and OU8 on July 2, 2018. The Agencies directed FMC to submit the Work Plan to address a number of soil and sediment sampling data gaps determined by the Agencies after review of previous sampling conducted by FMC in the study areas during and before 2006.

Please click here to see the Supplemental Sampling Work Plan for OU7 and OU8.

The additional sampling will provide data for the preparation of a Resource Conservation and Recovery Act (RCRA) Facility Investigation (RFI) report for the operable units.

The study area includes approximately 75 residential, commercial, agricultural and public properties along the upstream portion of Tributary One north of Pearson/Stone Roads and Jeddo and Johnson Creeks.

Specifically, the OU7 study area includes the section of Tributary One beginning at Pearson and Stone Roads in the Town of Hartland and ending where it joins together with Jeddo Creek on the south side of Ridge Road in the Town of Ridgeway. The OU8 study area includes Jeddo Creek starting at the south side of Ridge Road, as well as Johnson Creek, starting where it joins with Jeddo Creek on the northside of Mill Road and ends at or near Marshall Road. OU8 is in the Towns of Ridgeway and Yates.

Field activities and data analysis are expected be conducted from late August through late fall 2018 but are dependent upon obtaining access to private properties and seasonal/weather conditions.

FMC is contacting property owners in the study area regarding access agreements and representatives are available to answer questions about the Work Plan and the agreements. The Work Plan is available for public review on the FMC-Middleport website, at FMC’s Community Office at 8 S. Vernon St., Middleport, and in the document repository at the Royalton Hartland Community Library, 9 S. Vernon St., Middleport.

Update: March 7, 2018


FMC Submits Draft OU7 and OU8 Supplemental Sampling Work Plan to the Agencies

FMC Corporation (FMC) has submitted a Draft Supplemental Sampling Work Plan for Tributary One North of Pearson/Stone Roads, known as Operable Unit (OU7), and Jeddo and Johnson Creeks (OU8) to the New York State Department of Environmental Conservation (NYSDEC) and the U.S. Environmental Protection Agency (USEPA) (the Agencies) at their request.

Update: February 14, 2018


NYSDEC Provides Notice of Deadline for Petitions of Party Status and Issues Conference Regarding Draft Part 373 Hazardous Waste Management Permit

The New York State Department of Environmental Conservation (NYSDEC) last August issued a draft Part 373 Hazardous Waste Management Permit regarding the FMC Corporation (FMC) plant in Middleport, NY.

A pre-adjudicatory issues conference regarding the permit will be held at 9:00 a.m. on May 23, 2018 at the Middleport Fire Department, 28 Main St., Middleport, NY.

Click here to access the Notice of Deadline for Petitions of Party Status and Issues Conference.

Please scroll down on this page to Update: August 16, 2017 to access the New York State 6 NYCRR Part 373 Permit Fact Sheet, FMC’s permit application and FMC documents incorporated into the draft permit.

Update: November 1, 2017


FMC Submits Draft OU6 Corrective Measure Study (CMS) Report to the Agencies

FMC Corporation (FMC) has submitted a Draft Corrective Measures Study (CMS) Report for the portion of Tributary One and its flood plain between Francis Street and Stone Road (referred to as Operable Unit 6 or OU6) to the Agencies – the New York State Department of Environmental Conservation (NYSDEC) and the U.S. Environmental Protection Agency (USEPA).

The Agencies directed FMC to submit the Draft OU6 CMS Report for their review in consultation with the New York State Department of Health (NYSDOH).

The Draft CMS Report includes soil/sediment sampling results; a site-specific fish and wildlife resource impact analysis (FWRIA) field study results; site-specific human health and ecological risk assessments; identification and development of Corrective Measure Alternatives (CMAs); evaluation of the CMAs; and FMC’s justification/recommendation of a CMA for the OU6 Study Area.

Please click here to see the Draft OU6 CMS Report submitted by FMC to the Agencies.

FMC has been in communication with property owners in the study area and is available to answer any questions they may have at FMC’s Community Office at 8 S. Vernon St., Middleport, NY. The draft report can also be found in the document repository at the Royalton Hartland Community Library, 9 S. Vernon St., Middleport, NY.

Update: October 19, 2017


FMC Submits Public Comments on Draft Part 373 Hazardous Waste Management Permit

Please click here to see FMC’s general comments submitted on the Draft Part 373 Permit. Additional attachments are available for viewing upon request at the FMC Community Office at 8 S. Vernon St., Middleport, NY. 14105.

Update: September 27, 2017


FMC Submits Preliminary Public Statement at Draft Part 373 Permit Public Hearing

This is a preliminary public statement by FMC Corporation (“FMC”) with respect to the New York State Department of Environmental Conservation’s (“NYSDEC”) draft hazardous waste management permit issued pursuant to 6 NYCRR Part 373 for FMC’s Middleport, New York Facility.

FMC is reviewing and assessing the draft permit, and will submit formal written comments reflecting the significant legal, technical, and pragmatic objections to the draft permit during the public comment period. In addition, the company expects many of its objections to be the subject of adjudicatory hearings later in these proceedings.

The administrative order on consent (“AOC”) entered into by FMC, NYSDEC, and the United States Environmental Protection Agency (“USEPA”) remains in full force and effect. The AOC requires FMC to perform RCRA corrective action tasks in response to historic contamination at the facility and in the neighboring community. The company is complying with the requirements of the AOC and continuing to perform various projects pursuant to the AOC. FMC respectfully submits that the draft permit is fatally defective, and is otherwise unnecessary at this time.

Update: August 25, 2017


FMC Responds to NYSDEC Issuance of Draft Part 373 Hazardous Waste Management Permit

FMC is now reviewing in further detail the draft Part 373 Hazardous Waste Management Permit recently issued by the New York State Department of Environmental Conservation (NYSDEC) in relation to the FMC Corporation (FMC) plant in Middleport, NY.

In conjunction with this review, FMC welcomes any questions area residents may have prior to the public hearings scheduled at 1 p.m. and 7 p.m. on September 27, 2017 in the Middleport Fire Hall.

Residents with any concerns, comments or questions regarding the draft Part 373 permit may 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.

At a minimum, FMC views the draft Part 373 permit as unnecessary and inappropriate as it attempts to circumvent the 1991 Administrative Order on Consent (AOC), which has guided the plant and Village remediation.

Background Information:

The permit is under Title 6 of the New York Codes, Rules and Regulations [6 NYCRR] Part 373.

FMC has been fulfilling its obligations under the Administrative Order on Consent that has guided the investigation and development of Middleport remedial plans for 26 years.

Hazardous wastes currently generated at the Middleport plant are collected in regulatory approved containers or tanks for off-site disposal within 90 days of the material’s generation, or are managed in water treatment units which are regulated by NYSDEC under a State Pollution Discharge Elimination System permit.

The Middleport plant has not conducted any manufacturing activities since 1985 and has since served as a formulation and packaging facility for FMC’s Agricultural Solutions Group. FMC is committed to protecting human health and the environment and has worked diligently with the community over the years to ensure the Village of Middleport is safe.

Update: August 16, 2017


NYSDEC Issues Draft Part 373 Hazardous Waste Management Permit

The New York State Department of Environmental Conservation (NYSDEC) has issued a draft Part 373 Hazardous Waste Management Permit regarding the FMC Corporation (FMC) plant in Middleport, NY.

Click here to access the Notices of Complete Application, of Availability of Draft Part 373 Permit, of Public Comment Period, and of Part 624 Legislative Public Hearing.

Click here to access the New York State 6 NYCRR Part 373 Permit Fact Sheet,

Click on the following links to access FMC’s permit application and FMC documents incorporated into the draft permit:

Draft FMC Middleport Part 373 Permit

Documents Incorporated by Reference

1. FMC Corporation, Middleport, New York, Amended Application Hazardous Waste Management Facility Permit (6 NYCRR PART 373) USEPA ID # NYD002126845 NYSDEC Site # 932014 Amended May 18, 2015 and subsequent updates.

2. Attachments to FMC Corporation, Middleport, New York, Amended Application Hazardous Waste Management Facility Permit (6 NYCRR PART 373) USEPA ID #



a. Attachment B - FMC Middleport RCRA Contingency Plan1 May 13, 2016

b. Attachment C
- Western Surface Impoundment (WSI) Operations Plan1 DRAFT April 2016

c. Attachment D - North Site Cover Operations and Maintenance (O&M) Plan1 DRAFT September 2016

Plan Text
Plan Figures 1-4
Plan Figures 5-6, Tables
Plan Appendices

d. Attachment E - Groundwater Extraction System Operation and Maintenance (O&M) Plan1 DRAFT September 2016

Text Attachment E
Figure 1 Site Location Map
Figures 2-3
Tables
Appendices A to D-3
Appendix D-4
Appendix D-5
Appendices D-6 to D-8
Appendices D-9 to D-10
Appendix D-11 Part 1
Appendix D-11 Part 2
Appendices D-12 to D-16
Appendices D-17 to Appendix I

e. Attachment F - Operation Maintenance and Monitoring (OM&M) Plan for North Rail Phase I Interim Corrective Measures1 June 2011

f. Attachment G - Operation Maintenance and Monitoring (OM&M) Plan for North Rail Phase II Interim Corrective Measures1 March 2012

g. Attachment H - North Commercial/Industrial Area Wooded Parcel Site Management plan (SMO)1 June 2011

h. Attachment I - Culvert 105 Sediment Chamber Manhole Number 9 (MH-N9) at Margaret Droman Park Maintenance and Monitoring (M&M) Plan1 June 2011

i. Attachment J - Health and Safety Plan (HASP) 1,2 DRAFT May 2015

j. Attachment M - Groundwater Monitoring Program (GMP) for Remedial Systems Effectiveness Monitoring1,3 DRAFT May 2015

k. Attachment N - Quality Assurance Project Plan (QAPP) 1,3 DRAFT May 2015

l. Attachment P - Topographic Map1 original 05.18.2015

m. Attachment R - Waste Analysis Plan1,3 DRAFT February 2016

n. Attachment S - Security and Facility Inspection Plan1 DRAFT February 2016

o. Attachment T - Personnel Training Program Plan1 DRAFT February 2016

3. FMC Corporation, Middleport, New York, RCRA Facility Investigation (RFI) Report Volume I Background and Related Information Revised September 2009 FINAL

RFI VOL I Text
RFI VOL I Tables
RFI VOL I Figures Part 1
RFI VOL I Figures Part 2

Update: July 25, 2017


FMC to Design and Submit ICM Work Plan for OU6 Area in Village of Middleport

FMC Corporation, at the direction of the New York State Department of Environmental Conservation (NYSDEC), along with the United States Environmental Protection Agency (USEPA) (collectively, the “Agencies”), will design and submit an Interim Corrective Measure (ICM) Work Plan this summer for a portion of the study area known as “Tributary One and Flood Plain South of Pearson/Stone Roads,” also referred to as “Operable Unit 6 or “OU6.”

This action is the result of the Agencies approval of the OU6 Reach T1 Interim Corrective Measure (ICM) Pre-Design Report that was submitted earlier this year by FMC. The design and planning for the proposed ICM project will be performed in the remainder of 2017 and will include submittal by FMC of a draft ICM Work Plan in August 2017 for the Agencies approval.

The proposed ICM will address the presence of arsenic in soil and sediment in the OU6 Reach T1 area between Francis St. on the south and the Erie Canal on the north and which includes approximately 26 residential, commercial and public properties along the upstream portion of Tributary One and its flood plain. The proposed ICM Scope of Work calls for removing soil and sediment within the creek bed and from adjacent creek banks and flood plain. This work is expected to start in 2018.

FMC’s approach to this project is consistent with the process followed for previous ICMs under the Administrative Order of Consent (AOC) with the Agencies.

FMC is committed to ensuring the design and implementation of the ICM will maximize safety, minimize inconvenience to property owners and surrounding neighbors, and provide appropriate restoration in consultation with individual property owners.

With that in mind, FMC is communicating this week with affected property owners to discuss any questions or concerns regarding the conceptual approach and to request permission to access their properties to conduct a property survey to facilitate the design process. Property owners can contact the FMC Community Office at 735-9769 or in-person 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. Property owners are also invited to speak with a representative of the Agencies.

FMC is also developing a Corrective Measures Study (CMS) that will determine the final corrective measures for properties within OU6 Reach T1. Those measures will be selected by the Agencies and may or may not include any additional future remedial work beyond that required by the ICM.

Update: August 1, 2016

FMC Corporation informed a group of property owners in Middleport this week that it has been requested by the New York State Department of Environmental Conservation (NYSDEC), along with the United States Environmental Protection Agency (USEPA) (collectively, the “Agencies”) to perform additional investigative activities in a portion of the study area known as “Tributary One and Flood Plain South of Pearson/Stone Roads,” also referred to as “Operable Unit 6” or “OU6.”

The data and information that will be obtained will be used to better delineate the areas and depths of elevated arsenic on properties, and/or to evaluate the scope of any remediation that may be needed as part of a Corrective Measures Study (CMS).

These investigative activities will be conducted concurrently with those announced in June 2016 as part of an OU6 Reach T1 Interim Corrective Measures Pre-design Work Plan for approximately 26 properties along the upstream portion of Tributary One and its flood plain between Francis St. on the south and the Erie Canal on the north.

FMC and/or its environmental consultants will be contacting individual property owners for an estimated 45 parcels north of the Erie Canal to discuss property-specific activities and to request permission to perform the work required for the CMS.

Activities to be conducted in 2016 may include:
  • Inspecting properties to identify, survey, and mark sampling locations and property boundaries;
  • Collecting stream and/or wetland samples and characterization data;
  • Collecting surface and subsurface soil samples on selected properties;
  • Inspecting structures (e.g., embankments, road/bridge foundations, storm sewer pipes);
  • Conducting ecological surveys and/or collecting samples of wildlife, fish, plants, insects, benthic invertebrates, small mammals, and worms, as necessary and appropriate.
    These investigative activities for the CMS are part of FMC’s continuing effort to evaluate constituents relative to its plant in Middleport under the 1991 Administrative Order on Consent among FMC and the Agencies. Property specific data will be shared with the property owner.

    FMC is committed to operating safely in Middleport, NY to protect its employees, neighbors, and the environment in compliance with all applicable Federal and State regulations. It is also committed to protecting human health and the environment and has worked diligently with the community over the years to ensure the Village is safe.

    Property owners with any concerns, comments or questions can contact the FMC Community Office at 735-9769 or in-person 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. Property owners are also invited to speak with a representative of the Agencies.

    Update: June 22, 2016

    FMC Corporation this week informed a group of property owners in Middleport that it has been requested by the New York State Department of Environmental Conservation (NYSDEC), along with the United States Environmental Protection Agency (USEPA) (collectively, the “Agencies”) to perform additional investigative activities in a portion of the study area known as “Tributary One and Flood Plain South of Pearson/Stone Roads,” also referred to as “Operable Unit 6 or “OU6.” FMC agreed to perform property surveys, inspections, data collection, soil sampling and analysis in an OU6 Reach T1 Interim Corrective Measures Pre-design Work Plan, approved by NYSDEC on June 2, 2016.

    Click here to view a copy of the OU6 Reach T1 Interim Corrective Measures Pre-design Work Plan.

    The study area includes approximately 26 residential, commercial and public properties along the upstream portion of Tributary One and its flood plain between Francis St. on the south and the Erie Canal on the north. This investigation is part of FMC’s continuing effort to evaluate constituents relative to its plant in Middleport under the 1991 Administrative Order on Consent among FMC and the Agencies.

    The activities to be conducted during the summer of 2016 may include:
  • Inspecting properties to identify, survey, and mark sampling locations and property features;
  • Collecting stream and/or wetland samples to characterize stream and bank conditions;
  • Collecting surface and subsurface soil samples on selected properties;
  • Inspecting the integrity of related structures (e.g., embankments, road/bridge foundations, storm sewer pipes).
    The data and information that will be obtained will be used to better delineate the areas and depths of elevated arsenic on properties, and/or to evaluate the scope of any remediation that may be needed. FMC and/or its environmental consultants will be contacting individual property owners to discuss property-specific activities and to request permission to access the property.

    Property owners with any concerns, comments or questions can contact the FMC Community Office at 735-9769 or in-person 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. Property owners are also invited to speak with a representative of the Agencies.

    FMC is committed to operating safely in Middleport, NY to protect its employees, neighbors, and the environment in compliance with all applicable Federal and State regulations. It is also committed to protecting human health and the environment and has worked diligently with the community over the years to ensure the Village is safe.

    Update: May 6, 2016

    FMC is aware that the New York State Department of Environmental Conservation (NYSDEC), with approval from the Royalton-Hartland Board of Education, will soon begin remediation at the Roy-Hart School interior courtyard area and will also re-start remediation of properties in the K & M Block areas in the village of Middleport. 

    FMC Corporation is committed to protecting human health and the environment and has worked diligently with the community over the years to ensure the Village and the Roy-Hart school grounds are safe. FMC has always stood ready to perform remedial activities in the cited areas but disagrees with the approach taken by NYSDEC. Therefore, the current remediation projects are being conducted without FMC’s participation. 

    FMC representatives are available to talk to residents affected by NYSDEC’s actions at FMC’s Community Office at 8 South Vernon Street in Middleport. However, FMC will not be conducting this remediation and all specific questions on the remediation work will be referred to NYSDEC. 

    Click on below for copies of the NYSDEC fact sheet on each project: 

    May 2016 Roy Hart Fact Sheet 
    May 2016 Residential Fact Sheet 

    Update: March 4, 2015

    The New York State Department of Environmental Conservation (NYSDEC), with approval from the Royalton-Hartland Board of Education, plans to remediate certain areas of the Roy-Hart School in Middleport, NY.

    FMC Corporation performed remediation at the Roy-Hart School in 1999-2000, with guidance and approval from NYSDEC. FMC removed 39,000 cubic yards of soil and replaced that soil with clean soil. Following that remediation, the NYSDEC provided written assurance to the school – and subsequently to the community – stating the “entire school yard is suitable for both athletic and non-athletic use by all school children.” The property use has not changed since that time. Accordingly, further remediation to the Roy-Hard School is unnecessary and disruptive.

    As part of the investigative and remedial process with the State, FMC has informed NYSDEC and the Middleport community that it will remediate the school when and if the property use changes or discussions regarding change of land use commence. At this time, however, there has been no statement of potential change in use at the school and, therefore, remedial activities – and the associated disruption - are not necessary on the Roy-Hart School grounds.

    As background, FMC has been working with NYSDEC under an Administrative Order on Consent (AOC) that has guided the investigation and development of Middleport remedial plans for 23 years. NYSDEC, however, has selected a remedial alternative that does not comply with the AOC for a portion of the Village, including the schoolyard. Therefore, FMC entered into litigation with NYSDEC and the United States Environmental Protection Agency over NYSDEC’s failure to follow the AOC.

    These lawsuits are ongoing and have not yet been resolved. FMC is disappointed that NYSDEC is moving forward to remediate the Roy-Hart School while FMC and NYSDEC are in litigation over the level of remediation NYSDEC now intends to impose on the community.

    FMC is committed to protecting human health and the environment and has worked diligently with the community over the years to ensure the Village and the Roy-Hart school grounds are safe.

    Parents of children at Roy-Hart School and School Board members seeking additional information are encouraged to contact FMC’s Community Office at 8 South Vernon Street in Middleport, or call FMC’s community representative, Jessica Heideman, at 716.735.9769.

    Update: February 11, 2015

    On February 10, 2015, Ogden Holding Co. Inc., the owner of the Old Mill Mobile Home Park (OMMHP) in Middleport, NY, announced its intention to close the mobile home park and to sell the property to FMC Corporation. This decision was made after extensive discussions between FMC and Ogden Holding, in light of the New York State Department of Environmental Conservation’s (NYSDEC’s) request that FMC evaluate possible interim remediation for the property.

    In September 2014, NYSDEC directed FMC to consider interim remedial options for the mobile home park based on the residential use of the property and soil samples showing elevated arsenic levels.

    Representatives from FMC, NYSDEC, and the New York State Department of Health (NYSDOH) spoke with Old Mill Mobile Home Park residents on November 13, 2014 about NYSDEC’s direction to FMC at the mobile home park, including FMC’s review of possible scenarios for addressing contaminated soil at the property. Throughout the process, FMC has been and continues to be committed to working in a manner that is respectful of those living in the neighborhood, as well as working with the agencies to follow all laws and regulations.

    During FMC’s consideration of remedial options, FMC determined remediation and reconstruction of the park would likely take years to complete and could result in significant disruption to the mobile home park and its residents and complications arising from the property’s location within a floodplain. Accordingly, it was determined that operation of the mobile home park is no longer feasible without material disruption and uncertainty to its residents, and Ogden Holding and FMC entered into an agreement of sale for the property. FMC also announced that it will be providing help to relocate park residents.

    FMC attended the meeting with park residents on February 10, 2015, during which Ogden Holding made its announcement. FMC informed residents that it is offering a Mobile Home Park Relocation Assistance Program to all residents to help find and transition to new housing.

    The Relocation Assistance Program will provide residents with help to identify and move to new housing. The program will provide reimbursement of relocation expenses and will ensure mobile home owners receive fair market value for their homes. FMC will be focused in the coming months on assisting residents in this transition.

    While difficult, the decision by Ogden Holding to close the mobile home park represents the least disruptive alternative for its residents, and the Relocation Assistance Program is intended to minimize the difficulties of this relocation on the park residents.

    Update: January 9, 2015

    The New York State Department of Environmental Conservation (NYSDEC) has announced plans to implement its Corrective Measure Alternative remedy (CMA 9), using State funds, on residential properties in the historic Air Deposition 1 and Culvert 105 Study Areas in the Village of Middleport. The NYSDEC’s fact sheet can be viewed here. FMC will not participate in this phase of the remediation and does not support NYSDEC’s unilateral action.

    The NYSDEC remedy involves the removal of vegetation, excavation and replacement of soils, and restoration of some foliage at residential properties in the Village of Middleport.

    FMC recommends implementation of CMA 3, a remediation that would satisfy NYSDEC’s stated objectives and create less disruption to the community than NYSDEC’s CMA 9. FMC remains willing to implement CMA 3. CMA 3 was recommended by FMC with community support and is also representative of FMC’s long-standing commitment to protect human health, safety, and the environment.

    The principal difference between CMA 3 and CMA 9 is the amount of disruption and intrusion CMA 9 will cause over CMA 3. Studies show NYSDEC’s CMA 9 will provide no meaningful public health benefit over CMA 3, while its construction work and increased truck traffic will be more disruptive to the community. FMC remains ready to implement CMA 3 in the Village of Middleport, which would negate the need for NYSDEC to seek State funds to implement CMA 9.

    Eight remediation alternatives were developed under an Administrative Order on Consent (AOC) that has guided the investigation and development of Middleport remedial plans for 23 years. NYSDEC, however, selected a ninth alternative that does not comply with the AOC. Therefore, FMC entered into litigation with NYSDEC and the United States Environmental Protection Agency over NYSDEC’s failure to follow the AOC. Those lawsuits are ongoing and have not yet been resolved. FMC is disappointed that NYSDEC is moving forward with remediation while FMC and NYSDEC are in litigation over the level of remediation that NYSDEC now intends to impose on the community.

    FMC representatives are available to talk to residents affected by NYSDEC’s actions at FMC’s Community Office at 8 South Vernon Street in Middleport. However, FMC will not be conducting this remediation and all specific questions on the remediation work will be referred to NYSDEC.

    Update: November 13, 2014

    Representatives from FMC Corporation, the New York State Department of Environmental Conservation (NYSDEC), and the New York State Department of Health (NYSDOH) spoke with Old Mill Mobile Home Park residents about initial efforts for the property at the mobile home park.

    FMC has been asked to review possible scenarios for addressing contaminated soil at the property. Throughout this process, FMC is committed to working in a manner that is respectful of those living in the neighborhood. The company and the agencies will work to follow all laws and regulations throughout the process. Efforts are expected to begin in early 2015.

    FMC believes in the importance of doing the right thing for the community and its residents. The meeting with the residents is the first of many that will be conducted to share information about the work and to receive feedback from the residents.

    Update: November 4, 2014

    The New York State Department of Environmental Conservation (NYSDEC) announced an updating of the site boundaries as part of the Inactive Hazardous Waste Disposal Site Program. The boundary updating takes into account work conducted on the entire plant site and former Research and Development (R&D) site. The DEC’s public notice on the updating can be viewed here.

    Update: June 25, 2014

    FMC Corporation remains committed to protecting human health and the environment and implementing an appropriate cleanup plan that minimizes disruption to the Village of Middleport, New York. FMC is ready to implement a cleanup plan under the Administrative Order on Consent (AOC, or agreement) among FMC, U.S. EPA, and New York State Department of Environmental Conservation, and reflective of the Village of Middleport community preferences. FMC has proposed a cleanup plan that incorporates community input. NYSDEC previously rejected that proposal and selected a different remedy.

    After over a year of discussions where FMC advocated for flexibility and sought to understand how NYSDEC intends to implement their remedy, FMC has taken several actions to validate the process defined under the agreement and protect the company’s rights. The agreement has been the roadmap that has guided development of all of the remedial studies and action for the Village of Middleport for the past 23 years. FMC continues to perform its duties under the AOC.

    FMC has filed a request for a Declaratory Judgment with U.S. District Court in Buffalo, New York, regarding FMC’s rights under the agreement. FMC stands firm in its belief that the AOC and its Notice of Dispute and Request for Resolution (NODRR) process are applicable in the remedial process as agreed in 1991. A favorable judgment would require the USEPA to review our dispute using the AOC NODRR process. As these steps now involve litigation we will no longer be able to provide comment.

    Additionally, at the end of May, out of an abundance of caution, FMC filed a petition with New York State Supreme Court, Albany County, to challenge the NYSDEC’s ability to take steps outside of the AOC process to implement its remedy independently.

    FMC continues to believe that the most appropriate avenue to resolve our differences regarding the remedy is the administrative process provided in the agreement.

    Update: May 1, 2014

    As part of a pre-established process, FMC Corporation submitted a request May 1, 2014 seeking United States Environmental Protection Agency’s (USEPA) review of Corrective Measures Alternative 9, the New York State Department of Environmental Conservation’s (NYSDEC) chosen remedy for soil arsenic cleanup in the Village of Middleport, N.Y.

    FMC’s submission is another step in the process permitted under the Agreement among FMC, USEPA, and NYSDEC. The request is consistent with the Comments and Objections submitted by FMC on August 13, 2012, in response to the NYSDEC’s Preliminary Statement of Basis (issued in June 2012).

    “FMC remains committed to protecting human health and the environment and implementing an appropriate cleanup plan that minimizes disruption to the Village of Middleport,” said Bob Forbes, FMC’s director, EHS Remediation and Governance. “FMC submitted the dispute of CMA9 and request for review by USEPA as part of the pre-established process so that USEPA can review the NYSDEC’s decision and our response to it.”

    USEPA is provided a “reasonable amount of time” to review FMC’s request. FMC looks forward to receiving USEPA’s response, said Forbes.

    On May 28, 2013, NYSDEC issued a Final Statement of Basis (FSOB) to FMC for remediation in the areas known as Air Deposition Area 1 and Culvert 105. Since the FSOB was issued, FMC, the NYSDEC and the New York State Department of Health (DOH) have been meeting to understand better how NYSDEC intends FMC to implement CMA 9 on individual properties. In these meetings, FMC continued to seek flexibility consistent with CMA3, which was recommended by FMC with the support of the community.

    The company continues to update Federal, State, and Village officials and community members as to its progress with the Agencies.

    FMC is committed to operating safely in Middleport, NY to protect its employees, neighbors, and the environment in compliance with all applicable Federal and State regulations.

    Previous Updates

    In May 2011, FMC Corporation completed a Draft Corrective Measures Study (CMS) Report for the Suspected Air Deposition and Culvert 105 Study Areas, which identifies and evaluates corrective measures alternatives.

    The Draft CMS Report identifies FMC’s recommended alternative and was available for public review and comment from May 17 through July 1, 2011.

    The Agencies (United States Environmental Protection Agency, New York State Department of Environmental Conservation, and New York State Department of Health) issued their responses to public comments on the draft report and their preliminary selection of the remedial actions(corrective measures) in the form of a “Draft Statement of Basis” in June 2012.

    The Agencies’ Draft Statement of Basis was available for public review and comments from June 15 through August 13, 2012.

    FMC submitted a draft CMS Work Plan for the Tributary One and Flood Plain South of Pearson/Stone Roads study area and is awaiting comments from the Agencies.

    RFI Reports Completed and Approved by Agencies

     

     

    • RCRA Facility Investigation Report Volume I – Background and Related Information (RFI Report Volume I), dated September 2009
    • RCRA Facility Investigation Report Volume II – Suspected Air Deposition Study Area 1 (South of the Erie Canal and West of the Niagara/Orleans County Line) and Culvert 105 Study Area South of the Erie Canal) (RFI Report Volume II), dated September 2009
    • RCRA Facility Investigation Report Volume IV – Culvert 105 and Flood Zone (RFI Report Volume IV), dated September 2009
    • RCRA Facility Investigation Report Volume V – Tributary One and Flood Plain South of Pearson/Stone Roads (RFI Report Volume V), dated June 2010

    CMS Meetings

    Meetings Already Held
    • Risk Assessment Workshops with Dr. Schoof – November 4 & 5, 2009
    • Risk Assessment Scenarios/Reasonable Future Land Use Coffeehouse I – November 17, 2009
    • Risk Assessment Scenarios/Reasonable Future Land Use Coffeehouse II - December 3, 2009
    • Tree Preservation Workshops – March 10 & 15, 2010
    • Tree Preservation Measures Survey Computer Access Sessions - March 22 & March 23, 2010
    • Phytoremediation and Soil Tilling/Blending Study Reports - May 20, 2010
    • Agencies' Public Meeting - June 14, 2011 at the Middleport Fire Hall. Two sessions: 2 - 4 PM and 6:30 -8:30 PM - Transcript available
    • Agencies’ Public Meeting - June 27, 2012 at the Middleport Fire Hall, 7:00 p.m.to 10:00 p.m. – Transcript available
    • Agencies’ Public Availability Sessions – June 28, 2012 and July 26, 2012
    • FMC Community Update Meeting for Middleport Residents. Tuesday, May 28, 2013. Masonic Lodge.