[Federal Register Volume 69, Number 232 (Friday, December 3, 2004)]
[Notices]
[Page 70290]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-26607]


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NUCLEAR REGULATORY COMMISSION

[Docket No. 030-33923]


Notice of Availability of Environmental Assessment and Finding of 
No Significant Impact for License Termination for ViroPharma, 
Incorporated's Facility in Exton, PA

AGENCY: Nuclear Regulatory Commission.

ACTION: Notice of availability.

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FOR FURTHER INFORMATION CONTACT: Marjorie McLaughlin, Decommissioning 
Branch, Division of Nuclear Materials Safety, Region I, 475 Allendale 
Road, King of Prussia, Pennsylvania 19406, telephone (610) 337-5240, 
fax (610) 337-5269; or by e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. Introduction

    The Nuclear Regulatory Commission (NRC) is terminating Materials 
License No. 37-30241-01 issued to ViroPharma, Incorporated and 
authorizing release of its facility in Exton, Pennsylvania for 
unrestricted use. NRC has prepared an Environmental Assessment (EA) in 
support of this action in accordance with the requirements of 10 CFR 
part 51. Based on the EA, the NRC has concluded that a Finding of No 
Significant Impact (FONSI) is appropriate. The license will be 
terminated following the publication of this Notice.

II. EA Summary

    The purpose of the action is to authorize the release of the 
licensee's Exton, Pennsylvania facility for unrestricted use. 
ViroPharma, Incorporated was authorized by NRC from December 17, 1997, 
to use radioactive materials for research and development purposes at 
the site. On July 28, 2004, ViroPharma, Incorporated requested that NRC 
terminate the license and release the facility for unrestricted use. 
ViroPharma, Incorporated has conducted surveys of the facility and 
provided information to the NRC to demonstrate that the site meets the 
license termination criteria in subpart E of 10 CFR part 20 for 
unrestricted use.
    The NRC staff has prepared an EA in support of the license 
termination. The facility was remediated and surveyed prior to the 
licensee requesting the license amendment. The NRC staff has reviewed 
the information and final status survey submitted by ViroPharma, 
Incorporated. Based on its review, the staff has determined that there 
are no additional remediation activities necessary to complete the 
proposed action. Therefore, the staff considered the impact of the 
residual radioactivity at the facility and concluded that since the 
residual radioactivity meets the requirements in subpart E of 10 CFR 
part 20, a Finding of No Significant Impact is appropriate.

III. Finding of No Significant Impact

    The staff has prepared the EA (summarized above) in support of the 
request to terminate the license and release the facility for 
unrestricted use. The NRC staff has evaluated ViroPharma, 
Incorporated's request and the results of the surveys and has concluded 
that the completed action complies with the criteria in subpart E of 10 
CFR part 20. The staff has found that the environmental impacts from 
the action are bounded by the impacts evaluated by NUREG-1496, Volumes 
1-3, ``Generic Environmental Impact Statement in Support of Rulemaking 
on Radiological Criteria for License Termination of NRC-Licensed 
Facilities'' (ML042310492, ML042320379, and ML042330385). On the basis 
of the EA, the NRC has concluded that the environmental impacts from 
the action are expected to be insignificant and has determined not to 
prepare an environmental impact statement for the action.

IV. Further Information

    Documents related to this action, including the application for the 
license amendment and supporting documentation, are available 
electronically at the NRC's Electronic Reading Room at http://www.nrc.gov/reading-rm/adams.html. From this site, you can access the 
NRC's Agencywide Document Access and Management System (ADAMS), which 
provides text and image files of NRC's public documents. The ADAMS 
accession numbers for the documents related to this Notice are: The 
Environmental Assessment (ML043310216), and the letter dated July 28, 
2004, requesting termination of the license (ML042230034). Please note 
that on October 25, 2004, the NRC terminated public access to ADAMS and 
initiated an additional security review of publicly available documents 
to ensure that potentially sensitive information is removed from the 
ADAMS database accessible through the NRC's Web site. Interested 
members of the public may obtain copies of the referenced documents for 
review and/or copying by contacting the Public Document Room pending 
resumption of public access to ADAMS. The NRC Public Documents Room is 
located at NRC Headquarters in Rockville, MD, and can be contacted at 
(800) 397-4209, (301) 415-4737 or by e-mail to: [email protected].
    These documents may be viewed electronically at the NRC Public 
Document Room (PDR), 0 1 F21, One White Flint North, 11555 Rockville 
Pike, Rockville, MD 20852. The PDR reproduction contractor will copy 
documents for a fee. The PDR is open from 7:45 a.m. to 4:15 p.m., 
Monday through Friday, except on Federal holidays.

    Dated at King of Prussia, Pennsylvania this 26th day of 
November, 2004.

    For the Nuclear Regulatory Commission.
James P. Dwyer,
Chief, Commercial and R&D Branch, Division of Nuclear Materials Safety, 
Region I.
[FR Doc. 04-26607 Filed 12-2-04; 8:45 am]
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