[Federal Register: August 29, 2005 (Volume 70, Number 166)]
[Notices]
[Page 51097-51098]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au05-86]
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NUCLEAR REGULATORY COMMISSION
[Docket No. 030-35228]
Issuance of Environmental Assessment and Finding of No
Significant Impact Regarding a Proposed License Amendment for Endocyte
Incorporated 1205 Kent Avenue Facility, West Lafayette, IN
AGENCY: Nuclear Regulatory Commission.
ACTION: Issuance of environmental assessment and finding of no
significant impact.
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FOR FURTHER INFORMATION CONTACT: Gene Bonano, Health Physicist,
Decommissioning Branch, Division of Nuclear Materials Safety, Region
III, U.S. Nuclear Regulatory Commission, 2443 Warrenville Road, Lisle,
Illinois 60532; telephone: (630) 829-9826; fax number: (630) 515-1259;
e-mail: gab1@nrc.gov.
SUPPLEMENTARY INFORMATION: The Nuclear Regulatory Commission (NRC) is
considering issuing a license amendment to Material License No. 13-
32212-01 issued to Endocyte Incorporated (the licensee), to authorize
release of its 1205 Kent Avenue facility, West Lafayette, Indiana, for
unrestricted use. This Environmental Assessment (EA) is issued in
support of this amendment in accordance with the requirements of 10 CFR
Part 51. Based on this EA, the NRC has concluded that a Finding of No
Significant Impact (FONSI) is appropriate. The amendment will be issued
following the publication of this EA/FONSI.
I. Environmental Assessment
Identification of Proposed Action
The NRC staff has prepared this EA to support the Endocyte
Incorporated May 26, 2005 (ML052340684) request to release its 1205
Kent Avenue, West Lafayette, Indiana facility for unrestricted use.
Endocyte's 1205 Kent Avenue facility is one of two authorized
facilities listed under Material License Number 13-32212-01. The
licensee transferred all licensed material from the 1205 Kent Avenue
facility to its 3000 Kent Avenue facility. Endocyte was granted a
license on December 9, 1999, and initiated licensed activities in April
2000 at the 1205 Kent Avenue facility. The 3000 Kent Avenue facility
was added to the license on April 4, 2005. Endocyte is authorized to
use byproduct material for the research and development of medical
products. Endocyte identified three isotopes, which are listed in the
license, with half-lives greater than 120 days (hydrogen-3, carbon-14,
technetium-99), which had been used at the 1205 Kent Avenue facility.
The licensee conducted surveys of the facility and provided information
to the NRC to demonstrate that the radiological condition of the
building is consistent with criteria specified in 10 CFR Part 20,
Subpart E for unrestricted use. No radiological remediation activities
are required to complete the proposed action.
Need for the Proposed Action
The licensee is requesting this license amendment because it no
longer plans to conduct NRC-licensed activities at the 1205 Kent Avenue
location. The NRC is fulfilling its responsibilities under the Atomic
Energy Act to make a decision on the proposed action for
decommissioning that ensures that residual radioactivity is reduced to
a level that is protective of the public health and safety and the
environment.
Environmental Impacts of the Proposed Action
The NRC staff reviewed the information provided and surveys
performed by Endocyte to demonstrate that the release of the 1205 Kent
Avenue, West Lafayette, Indiana facility complies with radiological
criterial for unrestricted use in 10 CFR 20.1402.
Alternatives to the Proposed Action
The only alternative to the proposed action of releasing the
facility for unrestricted use is to take no action. Under the no-action
alternative, the 1205 Kent Avenue facility would remain under an NRC
license and would not be released for unrestricted use. Denial of the
license amendment request would result in no change to current
conditions at the facility. The no-action alternative is not acceptable
because it is inconsistent with the NRC's Timeliness Rule, 10 CFR 30.36
``Expiration and Termination of Licenses and Decommissioning of Sites
and Separate Buildings or Outdoor Areas,'' which requires licensees who
have ceased licensed activities to request termination of their
radioactive materials license. This alternative also would impose an
unnecessary regulatory burden and limit potential benefits from future
uses of the facility.
Conclusion
The NRC staff concluded that the proposed action is consistent with
the NRC's unrestricted release use specified in 10 CFR Part 20, Subpart
E. The staff found that the radiological environmental impacts from the
proposed action are bounded by the ``Generic Environmental Impact
Statement in Support of Rulemaking on Radiological Criteria for License
Termination of NRC-Licensed Nuclear Facilities'' (NUREG-1496).
Additionally, no non-radiological or cumulative impacts were
identified. Therefore, the NRC has determined that the proposed action
will not have a significant effect on the quality of the human
environment.
Agencies and Persons Consulted
The NRC staff has determined that the proposed action will not
affect listed species or critical habitats. Therefore, no further
consultation is required under Section 7 of the Endangered Species Act.
Likewise, the NRC has determined that the proposed action is not a type
of activity that has potential to cause effect on historic properties.
Therefore, consultation under Section 106 of the National Historic
Preservation Act is not required.
The NRC consulted with the Indiana State Department of Health,
Indoor and Radiologic Health Division. The Indiana State Department of
Health was provided the draft EA for comment on August 1, 2005, and
responded back on the same day. The State did not need any additional
information, and agreed with the NRC's finding of No Significant Impact
for the License/Facility.
II. Finding of No Significant Impact
On the basis of the EA in support of the proposed license amendment
to release the site for unrestricted use, the NRC has determined that
the proposed action will not have a significant effect on the quality
of the human environment. Thus, the NRC has determined not to prepare
an environmental impact statement for the proposed action.
Further Information
A copy of this document will be available electronically for public
inspection in the NRC Public Document Room or from the Publicly
Available Records (PARS) component of the NRC's document system. From
this site, you can access the NRC's Agencywide Document Access and
Management System (ADAMS), which provides text
[[Page 51098]]
and image files of NRC's public documents. The following references are
available for inspection at NRC's Public Electronic Reading Room at
http://www.nrc.gov/reading-rm/adams.html (the Public Electronic Reading
Room). ADAMS accession numbers are located in parentheses following the
reference.
1. Leamon, Christopher P., Ph.D., Radiation Safety Officer,
Endocyte Incorporated, letter to U.S. Nuclear Regulatory Commission,
May 26, 2005 (ML052340684).
2. Decommissioning Report (Final Status Survey Report), 1205
Kent Avenue, West Lafayette, Indiana, May 26, 2005 (ML052340684).
3. U.S. Nuclear Regulatory Commission, ``Environmental Review
Guidance for Licensing Actions Associated with NMSS Programs,''
NUREG-1748, August 2003.
4. U.S. Nuclear Regulatory Commission, ``Generic Environmental
Impact Statement in Support of Rulemaking on Radiological Criteria
for License Termination of NRC-Licensed Nuclear Facilities,'' NUREG-
1496, August 1994.
5. NRC, NUREG-1757, ``Consolidated NMSS Decommissioning
Guidance,'' Volumes 1-3, September 2003.
If you do not have access to ADAMS or if there are problems in
accessing the documents located in ADAMS, contact the NRC Public
Document Room (PDR) reference staff at (800) 397-4209, (301) 415-4737
or by e-mail to pdr@nrc.gov. Documents may also be viewed
electronically on the public computers located at the NRC's PDR, O 1
F21, One White Flint North, 11555 Rockville Pike, Rockville, MD 20852.
The PDR reproduction contractor will copy documents for a fee.
Dated at Lisle, Illinois, this 22nd day of August, 2005.
James L. Cameron,
Chief, Decommissioning Branch, Division of Nuclear Materials Safety,
RIII.
[FR Doc. E5-4709 Filed 8-26-05; 8:45 am]
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