The FMC Corporation is moving forward with clean up efforts at its former elemental phosphorus processing plant near Pocatello.

The U.S. Environmental Protection Agency recently issued a Unilateral Administrative Order (UAO), which outlines the schedule and guides the cleanup as required by the Interim Record of Decision (IROD) approved in September. 

“This Order paves the way for FMC to address the contamination at the former FMC facility,” Rick Albright, Director of EPA’s Superfund Office in Seattle, said in a news release. “FMC will immediately begin the engineering design work and we hope to see heavy equipment on site and working by next summer.”

Paul Yochum, former manager of the plant that closed in 2001, said FMC is eager to begin the clean up efforts.

“The IROD and UAO represent the culmination of many years of investigation and exhaustive study and evaluation of alternative remedial technologies,” Yochum said. “The remedial actions specified in those documents are first scientifically sound, second protective of human health and the environment, and third consistent with remedial actions implemented successfully at similar sites around the country.”

Still, not everyone is happy with the cleanup plans. 

The FMC plant, located within the Eastern Michaud Flats Superfund Site, includes over 1,000 acres of the Fort Hall Indian Reservation, and Fort Hall Business Chairman Nathan Small said the Tribes find the UAO unacceptable. 

“EPA paves the way for FMC to sweep their 50 year legacy under the rug,” Small said in a news release, which adds that the plan allows FMC to “cover up” rather than “clean up” the contaminants. “It will leave thousands of tons of ignitable and reactive waste within our homeland and generate toxic phosphine and other gases indefinitely.”

But FMC officials have said the capping and containment method that will be used is proven and effective in keeping contamination in place and protecting people and the environment. And it’s used in 73 percent of all Superfund sites and 100 percent of similar phosphorus sites. 

Still, the Tribes advocate for the removal and/or treatment of the contaminants and say they will continue to fight for true cleanup on the land they want to preserve for future generations. And they encourage Pocatello, Chubbuck, Bannock County and Power County citizens to do the same. 

Yochum said the current clean up requirements of the arsenic, elemental phosphorus and gamma radiation contaminants at the site could cost up to $60 million and will take roughly three years to complete. 

In the years ahead, the FMC will have to develop detailed technical plans and specifications for the cleanup actions, construct engineered covers and place them over the contaminated soil, and treat groundwater to prevent contaminants from migrating toward the Portneuf River, according to the EPA news release.  

EPA officials say soil, air and groundwater monitoring will continue far into the future to ensure the clean up methods are working.

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The following is a response from Randy L'Teton, the Public Affairs Manager for the Shoshone-Bannock tribe over the EPA's ruling:

    EPA’s unilateral administrative order (UAO) paves the way for FMC to sweep its 50-year legacy of waste under the rug. The public should be outraged.

    This is the best EPA can do after 20 plus years.

    The Shoshone-Bannock Tribes remain enraged and thoroughly disgusted over this decision. The best EPA can do to order FMC to clean up their mess will leave thousand of tons of ignitable and reactive waste within our homeland to generate toxic phosphine and other gases indefinitely. For decades the Tribes have advocated for removal and/or treatment of this dangerous and deadly waste.

    Unless the site is cleaned up — not covered up — future commercial use of the site is not realistic.

    EPA is misleading the public by stating the remedy is protective of human health and the environment.  FMC will place a soil cap over the hazardous materials and monitor the top of the soil.  

    FMC refuses to monitor deep within the soils to determine how far phosphine gas is migrating.

    While it’s high time FMC start treating the groundwater ,the fact is only a fraction of the contamination will be treated.  Most contamination will enter the porneuf river and be diluted.  Only a fraction of the arsenic is expected to be treated after 100 years!

    Twenty-two railcars full of toxic material are covered up in the slag pile. This interim record of decision allows FMC to throw 12 inches of dirt over the top of the slag pile and call it clean.  Why??  Because the EPA thinks it may be too costly to require FMC dig them out.  

    FMC is allowed to dig pits 100 feet deep to mine ore when they can make money but when it comes to cleaning up, it’s too costly to dig that deep.

    There is no mention of the independent study EPA headquarters has told the region to work on the Tribes are holding out some hope this work will tell the true story — that portions of the FMC site may be treated and cleaned up.

    The Shoshone-Bannock Tribes will continue to work toward application of their regulations at this site. If the EPA develops a final rather than interim decision, Tribal cleanup standards could be applied and the site could be treated properly. We want to ensure Tribal land is cleaned up so it can be reused.  We won’t allow corporations to continue to sweep their mess under a rug and call it good.  Shame on you FMC — you made billions of dollars at this site and now refuse to cleanup your mess.

    Pocatello, Chubbuck, Bannock and Power County citizens, this is your tax dollars at work.  Tell EPA you expect this company to treat this dangerous waste!!