The RCRA Process

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 characterize the nature and extent of releases, and to support the Corrective Measures Study.

CMS (Corrective Measures Study) — Part of the RCRA process. This study uses information from the RFI to determine what, if any, remediation is needed.

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

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 RFI reports that will include all data collected from the areas sampled on both the FMC plant site and off site properties, including those along the tributary and culvert. The RFI reports will be submitted to the Agencies for review, and made available for public review and comment.

The Agencies will evaluate sampling results to determine if any immediate remedial action (Interim Corrective Measures, or ICMs) or if a Corrective Measures Study (CMS) is needed for areas evaluated by the RFI reports.

If directed by the Agencies, a CMS will be performed by FMC to identify and evaluate various remedial alternatives, and to recommend a remedial or corrective measure alternative. The CMS is one of several steps in the selection of final corrective measures. Selection of a final corrective measure for a study area is based on number of required criteria that include community/property owner acceptance, technical, environmental, human health, institutional, cost, and green remediation practices.

The CMS Report and the Agencies preliminary or draft decision on any final remedial actions(s) will be available for review by the public. After public comments have been received, the Agencies will respond to the comments and issue their determination of the final corrective measure(s). 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.