[Federal Register Volume 70, Number 23 (Friday, February 4, 2005)]
[Notices]
[Pages 6026-6028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2092]


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DEPARTMENT OF HOMELAND SECURITY


Construction and Operation of the National Biodefense Analysis 
and Countermeasures Center (NBACC) Facility by the Department of 
Homeland Security at Fort Detrick, Maryland: Record of Decision

AGENCY: Science and Technology Directorate, Department of Homeland 
Security.

ACTION: Notice.

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SUMMARY: In keeping with the purposes of the National Environmental 
Policy Act (NEPA), the Department of Homeland Security (DHS), in 
cooperation with the United States Army Garrison, Fort Detrick, decided 
on January 26, 2005, after completion of the Final Environmental Impact 
Statement (FEIS) and a thorough consideration of public comments, to 
implement the Preferred Alternative in the FEIS. This action involves 
the construction and operation of the National Biodefense Analysis and 
Countermeasures Center Facility by DHS on a site adjacent to existing 
U.S. Army Medical Research Institute of Infectious Diseases facilities 
at Fort Detrick, Maryland. The notice of availability of the Draft 
Environmental Impact Statement is at 69 FR 56075 and the notice of 
intent to prepare an Environmental Impact Statement is at 69 FR 31830.

ADDRESSES: Copies of the Final EIS and this Record of Decision may be 
obtained by calling or mailing a request to: Dr. Kevin Anderson, 
Department of Homeland Security, 7435 New Technology Way, Suite A, 
Frederick, Maryland, 21703, by telephone (301) 846-2156, fax (301) 682-
3662 or e-mail [email protected]. The Final EIS and this Record of 
Decision are available at http://www.detrick.army.mil/.

FOR FURTHER INFORMATION CONTACT: Questions regarding the Final EIS or 
this Record of Decision can be submitted by calling or mailing them to 
Dr. Kevin Anderson at the above phone number or address.

SUPPLEMENTARY INFORMATION:

[[Page 6027]]

Record of Decision

Background

    The Department of Homeland Security, DHS, and the United States 
Army Garrison, Fort Detrick (Cooperating Agency), have decided, after 
completion of the Final Environmental Impact Statement (FEIS) and a 
thorough consideration of public comments, to implement Alternative I 
(the Proposed Action), which was identified as the Preferred 
Alternative in the FEIS. This action involves the construction and 
operation of the National Biodefense Analysis and Countermeasures 
Center (NBACC) Facility by DHS on a site adjacent to existing U.S. Army 
Medical Research Institute of Infectious Diseases (USAMRIID) facilities 
at Fort Detrick, Maryland.
    The Biological Threat Characterization Center (BTCC) and the 
National Bioforensics Analysis Center (NBFAC), both components of DHS, 
will occupy the NBACC Facility, which will contain Biosafety Level 
(BSL) 2, 3, and 4 laboratory and animal research facilities for 
conducting studies with disease-causing microbes which spread through 
the air or have an unknown cause. NBACC's biodefense mission is 
different from, but complementary to, those of USAMRIID and the 
National Institutes of Health (NIH) Integrated Research Facility (IRF), 
currently under construction at an adjoining site.

Alternatives Considered

    Two alternatives were identified and evaluated in detail in the 
FEIS. They are Alternative I, the Proposed Action, and, Alternative II, 
No Action. Implementation of the Proposed Action may result in 
negligible to minor adverse impacts to the physical, biological, and 
socioeconomic environment. In instances where unavoidable minor adverse 
environmental impacts are anticipated, mitigation measures to lessen 
the negative effects have been identified. Under the No-Action 
Alternative, DHS would not build the NBACC Facility, and the potential 
negligible to minor adverse impacts associated with the Proposed Action 
would not occur. Although the No-Action Alternative would be 
environmentally preferable, its implementation would not address the 
needs of DHS for BSL 3, and 4 laboratory and animal research 
facilities.
    Three additional alternatives for construction and operation of the 
NBACC Facility by DHS were identified but rejected as unreasonable and, 
therefore, were not evaluated in detail in the FEIS. These are: (1) 
Construction and Operation of the NBACC Facility by DHS at Another 
Location within Fort Detrick (Alternative III); (2) Construction and 
Operation of the NBACC Facility by DHS on an Existing Government-owned 
Property Outside Fort Detrick (Alternative IV); and (3) Construction 
and Operation of the NBACC Facility by DHS on a Currently Privately-
owned Property Outside Fort Detrick (Alternative V). The rejected 
alternatives, along with the reasons for their elimination, are 
described below.

Factors Involved in the Decision

    It was determined that the Proposed Action best satisfies DHS's 
needs for BSL-3 and BSL-4 laboratory and animal facilities for BTCC 
research and for support of operations in NBFAC. It is in accord with 
Fort Detrick's Installation Master Plan and conforms to USAG's planning 
and environmental policies. The construction and operational phases of 
the project will have no significant, non-mitigable, adverse 
environmental impacts and will result in negligible to minor risks to 
health and safety of the public and the workforce.
    The potential adverse impacts were deemed to be mitigable through 
compliance with existing regulatory requirements, application of Best 
Management Practices (BMPs), and adherence to construction contract 
requirements. DHS will incorporate operational and safety safeguards in 
the facility to protect laboratory workers and local residents from 
possible harmful health and safety effects related to the operation of 
the facility. Operation of the NBACC Facility will not adversely impact 
City of Frederick residents.
    None of the other alternatives examined in the EIS, including the 
No-Action Alternative, would be better suited to the needs of DHS. 
Moreover, the Proposed Action allows DHS to address a critical national 
shortage in BSL-4 facilities and fits the critical characteristics for 
location in or near the National Capital area and co-location with 
existing BSL-3 and BSL-4 laboratories and associated existing 
specialized supporting infrastructure for biocontainment facility 
operations, including response and security services.
    Although options to locate the NBACC Facility on an alternate site 
at Fort Detrick (Alternative III) were also considered during the 
scoping process for the EIS, this is not consistent with Fort Detrick 
land use planning. Moreover, in comparison to the Proposed Action, it 
would be more distant from the existing USAMRIID facilities and the NIH 
IRF now under construction, and therefore, less favorable for 
utilization of existing infrastructure and for synergy among personnel 
of the three agencies.
    Alternatives that would involve locating the NBACC Facility on a 
site outside of Fort Detrick, either on existing government-owned 
property (Alternative IV) or on currently privately-owned property 
(Alternative V) also were eliminated from detailed evaluation in the 
EIS during the scoping process. Those alternatives could require costly 
land acquisition and infrastructure development that could delay 
completion of the NBACC Facility by several years. Furthermore, it 
would be contrary to congressional intent for the building to be built 
outside Fort Detrick.

Practicable Means To Avoid or Minimize Potential Environmental Harm 
from the Selected Alternative

    All practicable means to avoid or minimize adverse environmental 
effects from the selected action have been identified and incorporated 
into the selected action. Pollution prevention measures incorporated in 
the selected action include:
     Reducing construction waste by recycling materials 
wherever possible;
     Applying BMPs during construction to minimize soil erosion 
and potential airborne particulate matter,
     Including new state-of-the-art energy efficient equipment 
in the facility to reduce the energy demand on Fort Detrick electrical 
systems;
     Rendering all contaminated or potentially contaminated 
medical waste noninfectious by a combination of chemical and physical 
(autoclaving) methods before disposal or transport off-site;
     Sterilizing laboratory wastewater within the laboratories 
and, secondarily, within the facility itself through chemical 
disinfection or steam sterilization methods before discharging 
wastewater into the Fort Detrick sanitary sewer system;
     Employing High Efficiency Particulate Air filters to 
capture small particles in laboratory exhaust air before venting the 
air to the outside; and
     Requiring that NBACC Facility activities comply with the 
DHS waste management policies, which emphasize source segregation, 
inactivation, source reduction, reuse, and recycling.

Mitigation Measures, Monitoring and Enforcement

    During the preparation of the FEIS several potential adverse 
environmental

[[Page 6028]]

impacts associated with implementation of the selected action were 
identified. These included land use (land disturbance), construction 
noise, transportation (traffic and parking), geology (potential 
sinkholes), surface water resources (sedimentation, stormwater 
management, water supply), plant and animal ecology (displacement of 
deer and/or bird species), air quality (fugitive dust during 
construction, increased pollutant emissions during operation, increased 
vehicular emissions), and pollution prevention/waste management 
(construction wastes and handling and disposal of waste generated 
during operation). These potential adverse impacts were deemed to be 
negligible to minor, and mitigable through compliance with existing 
regulatory requirements, application of BMPs, and adherence to 
construction contract requirements.
    In addition, possible adverse health and safety impacts on 
laboratory workers in the NBACC Facility and on nearby residents during 
the operational phase of the project were evaluated. The risks were 
deemed to be negligible to minor, and mitigable through adherence to 
guidelines outlined in Biosafety in Microbiological and Biomedical 
Laboratories, a joint publication of the Centers for Disease Control 
and the NIH, as well as other standards for safe operational practices.
    Since potential adverse impacts would be mitigated by compliance 
with existing regulatory requirements, application of BMPs, and 
adherence to construction contract requirements, existing regulatory 
reporting requirements and contract administration procedures will 
serve in lieu of a formal Monitoring and Enforcement Program.

Conclusion

    Based upon review and careful consideration of the impacts 
identified in the FEIS, results of various environmental and hazard 
assessment studies conducted in conjunction with the DEIS; public 
comments received throughout the National Environmental Policy Act 
process, including comments on the DEIS and comments received during 
the required 30-day waiting period for the FEIS, as well as other 
relevant factors, such as congressional intent, DHS and USAG, Fort 
Detrick, have decided to implement Alternative I, the Proposed Action, 
Construction and Operation of the NBACC Facility by DHS on a Site 
Adjacent to Existing USAMRIID Facilities at Fort Detrick, Maryland.

    Dated: January 27, 2005.
Maureen I. McCarthy,
Director, Research and Development, Science and Technology Directorate, 
Department of Homeland Security.
[FR Doc. 05-2092 Filed 2-3-05; 8:45 am]
BILLING CODE 4410-10-P