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.