ENP STAFF REPORTS
news@eastniagarapost.com

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MIDDLEPORT — FMC Corporation announced Monday that it would be taking the EPA to court over the issue of environmental remediation in Middleport.

A statement released by the company says FMC is committed to the Middleport community and is ready to implement a cleanup plan that differs from the one the state agencies chose for the area.

The statement in its entirety follows:

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.

About FMC 

FMC’s Agricultural Solutions facility in Middleport formulates and packages a number of key product lines to protect over 100 crops in more than 75 countries worldwide. Plant operations date back to 1904 with FMC acquiring operations in 1943. Safety is a core value at FMC and permeates virtually everything we do as a company. For more information, visit http://www.fmc-middleport.com/

FMC Corporation is a diversified chemical company serving agricultural, industrial, environmental, and consumer markets globally for more than a century with innovative solutions, applications and quality products. The company employs approximately 5,600 people throughout the world, and operates its businesses in three segments: FMC Agricultural Solutions, FMC Health and Nutrition, and FMC Minerals.

For more information, visit www.FMC.com.

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