[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Notices]
[Pages 18408-18413]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-7249]


-----------------------------------------------------------------------

DEPARTMENT OF HEALTH AND HUMAN SERVICES

National Institutes of Health


Galveston National Laboratory Record of Decision

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Department of Health and Human Services, the National 
Institutes of Health (NIH), has decided, after completion of a Final 
Environmental Impact Statement (EIS) and a thorough consideration of 
the public comments on the Draft EIS to implement the Proposed Action, 
which is identified as the Preferred Alternative in the Final EIS. This 
action is to partially fund the construction of a state-of-the-art 
National Biocontainment Laboratory (NBL), which will be known as the 
Galveston National Laboratory (GNL), on the University of Texas Medical 
Branch (UTMB) Campus in Galveston, Texas.

FOR FURTHER INFORMATION CONTACT: Valerie Nottingham, Chief of the 
Environmental Quality Branch, Division of Environmental Protection, 
Office of Research Facilities Development and Operations, NIH, Building 
13, Room 2W64, 9000 Rockville Pike, Bethesda, MD 20892, telephone 301-
496-7775, Fax 301-480-8056, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Decision

    After careful review of the environmental consequences in the Final 
Environmental Impact Statement for the Galveston National Laboratory 
for Biodefense and Emerging Infectious Diseases Research Facility in 
Galveston, TX (Final GNL EIS), and consideration of public comment 
throughout the NEPA process, the NIH has decided to implement the 
Proposed Action described below as the Selected Alternative.

Selected Alternative

    The NIH plans to partially fund the construction of a state-of the-
art National Biocontainment Laboratory, which will be known as the 
Galveston National Laboratory (GNL), on the UTMB Campus in Galveston, 
Texas. The total cost of the proposed GNL project is estimated at 
approximately $147 million. NIH will fund approximately $110 million 
with UTMB providing the remaining approximately $37 million. The 
proposed GNL will enhance national security through the development and 
evaluation of improved diagnostics, therapeutics, and vaccines for 
protection against diseases, including those that have the potential 
for bioterrorism. The proposed GNL will not conduct research to develop 
biological weapons.
    The proposed GNL facility will be a new reinforced concrete seven-
story building that will be constructed within the footprint of a 
recently demolished building on the UTMB campus. The proposed GNL, with 
a total net area of approximately 82,411 square feet, will house 
Biosafety Level (BSL)-4, BSL-3, and BSL-2 facilities, BSL-4 and BSL-3 
animal facilities, Arthropod Containment Level (ACL)-3 insectary, 
offices, conference rooms, and support facilities including an effluent 
treatment room, secure loading dock, and dedicated mechanical floors to 
enhance containment and minimize the risk of exposure.
    The proposed GNL facility will be designed to safely support all of 
the superimposed loads applied to the building and to resist 140 mile-
per-hour hurricane force winds. Also, as required by the National 
Earthquake Hazards Reduction Program, it will be designed and 
constructed to the highest building protection classification category 
of IV. Furthermore, the proposed GNL will be designed with regard to 
its location within a 100-year flood plain. For example, the BSL-4 
laboratories will be located above the extreme 25-foot storm surge that 
might occur during a category 4 or 5 hurricane. In addition to standby 
generators to provide power in the event of a power outage, the 
proposed GNL facility will have a distributed on-line uninterruptible 
power supply module or a fuel cell power supply to power the BSL-4 
biosafety cabinets, BSL-3 enhanced biosafety cabinets, critical 
building control panels and alarms.
    In addition to designing for severe weather conditions, operating 
procedures will call for a lockdown of all infectious materials and 
decontamination of high-level biocontainment laboratories in the event 
of an approaching hurricane. Storm preparedness will be based on 
approximately 24-hour notice of probable landfall, taking into account 
the predicted strength of a storm. This allows sufficient time to close 
down high containment operations, should this be deemed necessary, 
including the management of animals.
    The building also will be provided with an environmental monitoring 
system to assess room pressure differentials (to ensure negative 
pressure in the biocontainment areas), smoke detection, automatic 
watering system pressure and flow, and the condition of high efficiency 
particulate air (HEPA) filters. Visual indications (such as pressure 
gauges) and audible or strobic alarms will alert GNL personnel to an 
emergency or a situation that requires corrective action. The proposed 
GNL will have fire protection systems that meet or exceed requirements 
specified by the National Fire Protection Association and all 
applicable local, State, Federal, and UTMB requirements.
    The design of the proposed GNL facility's BSL-4, -3, and -2 
laboratories will comply with the recommendations and requirements of 
the Centers for Disease Control (CDC) and the NIH joint publication 
addressing biosafety in laboratories, the 4th Edition Biosafety in 
Microbiological and Biomedical Laboratories, as well as NIH's Design 
Policies and Guidelines for Biomedical Research Laboratories. The BSL-
4, -3, -2 animal laboratories will further comply with the 
recommendations and requirements of the latest edition of Guide for 
Care and Use of Laboratory Animals published by the National Research 
Council. The four biosafety levels have increasingly stringent design, 
security, and containment requirements. The safety levels are 
determined based on the biological materials used in research and the 
ways they affect the human population. BSL-1 facilities have no 
requirements for safety equipment, while BSL-4 facilities have 
extensive and multiple requirements for safety equipment and facility 
design such as isolation, buffer

[[Page 18409]]

zones, airflow and pressure requirements, and HEPA filtration.
    The BSL-4 laboratory environment employs the concept of a ``box-
within-a-box'' principle, whereby the laboratory is built within a 
pressure-controlled buffer. The BSL-4 laboratories will be physically 
and functionally independent from other laboratory functions. All 
penetrations in the walls, ceilings, and floor will be sealed. The 
control system for maintaining the required pressure differentials will 
be capable of being monitored inside and outside of the laboratory. The 
BSL-4 laboratories will utilize a series of airlocks for entry and 
exit, will use positive pressure ventilation suits and will have 
dedicated supply and exhaust ventilation. A chemical shower will be 
provided to decontaminate the surface of the suit before a worker could 
leave the area. Prior to emission through stacks on the building roof, 
exhaust air from the negatively pressurized BSL-4 laboratories will 
pass through dual HEPA filters mounted in series in a dedicated sealed 
exhaust system. The exhaust will also pass through bioseal isolation 
dampers that will be ``bubble tight'' and will close in less than one 
second upon receipt of a containment isolation signal. In addition, 
each laboratory will be equipped with multiple Class II Biosafety 
Cabinets with their own HEPA exhaust system. Liquid waste will be 
sterilized in a biowaste cooker system before discharge. Solid waste 
will be sterilized in autoclaves prior to leaving containment areas.
    The proposed GNL BSL-3 laboratories, BSL-3 animal laboratories, and 
ACL-3 insectary will be separated by restricted traffic flow within the 
building and access to the laboratory will be restricted by the use of 
electronic recognition devices. A ventilated airlock will separate the 
common corridors from the containment facility. The airlock doors will 
be interlocked to prevent simultaneous opening of doors between the 
outside corridor and the containment areas. Directional airflow will be 
provided through the airlock with differential pressure monitoring.
    Similar to the BSL-4 requirements, all electrical conduit, plumbing 
piping, supply and exhaust ducts and miscellaneous penetrations will be 
sealed at the point of penetration into the BSL-3 laboratory to ensure 
a tight structure. Tap water entering the BSL-3 laboratories through 
spigots in the sinks will have backflow preventors to protect the 
potable water distribution system from contamination. All BSL-3 
laboratories will operate under negative air pressure. A dedicated, 
ducted HVAC system will draw air into the BSL-3 laboratories from the 
surrounding areas toward and through the BSL-3 laboratories with no 
recirculation from the laboratories to other areas of the building. 
This direction of airflow into the laboratories and the biosafety 
cabinets will be verifiable with appropriate gauges and an audible 
alarm system to notify personnel of HVAC problems or system failure. 
All air will be discharged outside the building through HEPA filters. 
Each BSL-3 laboratory will be equipped with Class II biosafety 
cabinets. Each BSL-3 laboratory will be provided with shower-out 
facilities for researchers along with autoclaves for solid waste 
removal. Liquid waste from Enhanced BSL-3 laboratories will be 
sterilized in a biowaste cooker system before discharge.
    Work with moderate-risk biological material will be conducted in 
BSL-2 laboratories. The air supply system will be designed to maintain 
negative air pressure in relationship to administrative space, offices, 
and corridors. There will be no HEPA filtration for BSL-2 exhaust. 
Liquid waste will be chemically decontaminated prior to discharge and 
solid waste will be sterilized in autoclaves prior to leaving the 
laboratories.
    The design and construction of the proposed GNL facility will 
address security concerns. Security measures are discussed below. 
Scenarios involving terrorist or intentionally destructive acts at the 
proposed GNL have been analyzed in an independent Threat and 
Vulnerability Assessment (TVA). The design as well as security plans 
and procedures of the proposed GNL facility will address the TVA 
analysis and recommendations.
    Vehicular traffic to the proposed GNL facility will be controlled 
by the creation of a security perimeter that will include the existing 
surrounding buildings and constructed barriers that are outside of the 
200-foot radius around the proposed GNL facility. Only two streets 
currently allow vehicular traffic within 200 feet of the proposed GNL 
site, and access to these sites will be controlled.
    The main entrance to the security perimeter of the proposed 
facility will be located on The Strand and 11th Streets, in the 
northwest corner of the perimeter. A security booth will be constructed 
on The Strand and manned by UTMB Police Department personnel. Only 
authorized and inspected vehicles will be allowed to enter per 
acceptable protocol. Traffic control gate arms will be installed on 
either end of the booth and pop-up vehicle wedge barriers will be 
installed on the inbound and outbound lanes. A secondary entrance will 
be locked at all times and only will be used for fire department access 
in emergencies and for infrequent, large deliveries. Around the 
security perimeter, where space could allow four-wheeled vehicles to 
penetrate the 200-foot radius, high security walls or bollards will be 
constructed or boulders will be placed.
    Access into the proposed GNL facility will be controlled by various 
measures. Employees will have to undergo background checks and their 
hand-carried items may be screened at anytime. Visitors will have to be 
cleared and escorted by an UTMB employee at all times. Visitor hand-
carried items will be screened.
    Exit only doors will be monitored and alarmed. Security hardware 
will be provided for manholes or hatches. Exterior utility and roof 
doors will be card access-controlled. Roof doors also will have an 
intercom station or emergency phone installed outside each door. 
Closed-circuit television (CCTV) cameras will monitor all exterior 
doors. Interior doors for building systems rooms and laboratories will 
be card access-controlled doors, as appropriate. BSL-2 labs will be 
card access-controlled. CCTV surveillance of entrances and emergency 
exits will be provided. BSL-3 and -4 labs will be controlled with card 
readers, pin code readers, plus biometric readers. CCTV surveillance of 
entrances and exits will be provided. CCTV coverage of internal lab 
spaces will be monitored by laboratory personnel within the containment 
laboratory for the monitoring of procedures and safety. Animal 
receiving areas will be card access controlled, and CCTV surveillance 
will be provided. Laboratories will be locked and accessible to 
authorized personnel only. CCTV cameras will monitor areas where 
biological agents are stored.

Alternatives Considered

    The NIH considered the two reasonable alternatives identified and 
considered in the Final EIS: (1) The Proposed Action Alternative (now 
the selected alternative) and (2) the No Action Alternative (not 
constructing the GNL). Previously, NIH examined nine sites and various 
facility designs. Applying screening criteria reduced the potential 
sites for detailed evaluation to three locations and three designs, one 
of which became the Proposed Action. The two other alternatives 
considered were a six-level building with a total of

[[Page 18410]]

208,300 gross square feet located elsewhere on the UTMB campus and a 
three-level building with a total of 207,000 gross square feet located 
off campus near the Primary Care Pavilion. These other sites and 
designs were considered technically inferior, provided no environmental 
advantage compared to the Proposed Action, and will not meet the 
purpose and need as efficiently as the Proposed Action. Therefore, they 
were eliminated from detailed analysis in the EIS.

Factors Involved in the Decision

    Several factors were involved in the NIH's decision to proceed with 
the Proposed Action. Based on analyses in the Draft EIS and Final EIS, 
the Proposed Action best satisfies the stated Purpose and Need, which 
is to rectify the national shortage of biological containment 
facilities with laboratories and procedures for handling potentially 
lethal infectious agents. This condition represents a substantial 
impediment to conducting research on infectious diseases and is a 
national biodefense vulnerability. To be most effective, these 
facilities must be located where established teams of researchers are 
already working on related scientific problems. Additionally, the 
biological containment facilities should be located in an area with 
existing infrastructure critical to providing timely public health 
assistance in the case of a national, state, or local disease outbreak 
or bioterrorism emergency. Locating a new national biocontainment 
laboratory on the UTMB campus takes advantage of UTMB's extensive 
expertise in biological medical research, its experience in operating 
BSL-2, -3 and -4 laboratories (only five other operational BSL-4 
laboratories exist in the United States), and its infrastructure as a 
regional medical center.
    UTMB is a complex of educational, medical, and research facilities, 
with 6 interconnected hospitals with over 809 hospital beds. There are 
over 2,000 students enrolled in UTMB's four schools: the School of 
Medicine, the Graduate School of Biomedical Sciences, the School of 
Nursing, and the School of Allied Health Sciences. UTMB provides nearly 
400,000 square feet of space designed for research and houses one of 
the largest research libraries in the southwest. Instruction and 
research take place within 15 clinical and 6 basic science departments, 
in addition to interdisciplinary centers and programs within the School 
of Medicine.
    UTMB researchers and clinicians have considerable specialized 
expertise in infectious diseases, including tropical and newly emerging 
viral diseases, as they have been conducting research on biodefense and 
emerging infectious diseases for more than 20 years. In particular, 
UTMB possesses distinctive research capabilities in emerging arthropod-
borne and rodent-associated viruses. Scientists in other fields such as 
molecular virology, immunology, and structural biology, who contribute 
to the biomedical discovery of new drugs and treatments, will 
complement the expertise in infectious diseases present at UTMB.
    In support of infectious disease research, UTMB has safely operated 
several large suites of BSL-3 and Animal BSL (ABSL) laboratories for 
several years. UTMB currently operates a suite of eight BSL-3 
laboratories comprising a total of over 5,200 square feet and 2,400 
square feet of ABSL-3 laboratories. UTMB also operates a 2,100-square 
foot BSL-4 facility. In addition, UTMB houses one of the most complete 
reference collections of bacteria, fungi, and viruses.
    UTMB was the lead institution in organizing a consortium of over 20 
universities, regional primate centers, and national laboratories that 
filed an application with the National Institute of Allergy and 
Infectious Diseases (NIAID) in January 2003 for funding as the Region 
VI Center of Excellence for Biodefense and Emerging Infectious Disease 
Research (RCE). NIAID awarded UTMB an RCE grant in September 2003. The 
RCE program's primary role is to foster the physical and intellectual 
environments in which wide-ranging research on infectious diseases can 
proceed productively and safely. NIH selected the proposed GNL site 
based on UTMB's ability to contribute to the overall NIAID biological 
defense research agenda. The No Action Alternative will result in the 
GNL not being built, and will impair the NIH's ability to counter the 
serious strategic national shortage of biological containment 
facilities.

Resources Impacts

    The Final EIS describes potential environmental effects of the 
selected action. These potential effects are documented in Chapter 3 of 
the Final EIS. The GNL will result in insignificant impacts to the 
environment, human health, and the surrounding community. A larger 
impact will be to the UTMB community and its patrons with regard to 
restricted vehicular traffic near the proposed GNL. Adverse 
environmental effects are avoided or mitigated through design elements, 
procedures, and compliance with regulatory and NIH requirements. 
Potential impacts on air quality are all within government standards 
(federal, state, and local). NIH does not expect negative effects on 
the environment or on the citizens of Galveston from construction and 
operation of the proposed GNL.

Summary of Impacts

    The following is a summary of potential impacts resulting from the 
Proposed Action that the NIH considered when making its decision. No 
adverse cumulative effects have been identified during the NEPA 
process. Likewise, no unavoidable or adverse impacts from 
implementation of the Selected Action have been identified. The 
Selected Action will be beneficial to the long-term productivity of the 
national and world health communities. Biomedical research conducted at 
the proposed GNL facility will have the potential to advance techniques 
in disease prevention, develop disease immunizations, and prepare 
defenses against bioweapons. Additionally, the local community will 
benefit from having world-class biomedical expertise available at the 
GNL facility on the UTMB campus.

Land Use

    The proposed GNL facility will occupy approximately 1 acre and be 
constructed within the footprint of the recently demolished building. 
The total construction area will be 6.9 acres, including the plaza 
space within the 200-foot security perimeter as it will be 
reconstructed to include security walls, boulders, and bollards. The 
operation of the proposed GNL facility will be consistent with the 
current land use patterns on and within the immediate vicinity of the 
UTMB campus.

Geology, Soils, and Seismicity

    Despite the historical record of low seismicity in the region, the 
risk for an earthquake exists in association with the Gulf Coast Normal 
Faults Region. To mitigate any potential damage from an earthquake, and 
as required by the National Earthquake Hazards Reduction Program, the 
proposed GNL facility will be designed and constructed to the highest 
building protection classification category of IV, which is required 
for all buildings that are classified as having essential facilities 
and that contain hazardous substances. There are no identified long-
term effects to either geology or soils in the region from the proposed 
GNL facility.

Infrastructure

    Construction and operation of the proposed GNL facility will 
include small increases in water, electricity, and

[[Page 18411]]

natural gas consumption, demand on sewage treatment and stormwater 
management systems, and steam and chilled water usage. These increases 
will not exceed the capacity of these services.

Transportation

    During construction, some local vehicular and pedestrian traffic 
may be re-routed to avoid construction areas. Post construction, there 
will be no permanent closing, restriction, or re-routing of municipal 
streets or municipal traffic patterns. However, on the UTMB campus, The 
Strand and Ninth Streets within 200 feet of the proposed GNL facility 
will be closed to regular vehicular traffic. Transportation accidents 
involving micro-organisms are not expected to increase.

Human Health and Safety

    Records from the past 21 years of accidents at NIAID laboratories 
indicate an outstanding record of safety showing that in more than 3 
million hours of exposure, there has been only one clinical infection 
and four silent infections (no manifestation of disease symptoms). In 
this 21-year period, there has been no agent released from any of these 
laboratories to cause infection in the general population. Nationwide, 
there have been no clinical infections from working with BSL-4 agents 
during the past 31 years and no documented case of a laboratory 
worker's family members or the public acquiring a disease from CDC 
laboratory operations.
    UTMB has been conducting research on emerging infectious diseases 
and biodefense for more than two decades. Safety is a major concern in 
working with and preventing the spread of highly infectious disease 
agents. UTMB's safety record for its BSL-3 containment facilities from 
May 2002 to May 2004 indicate that there have been no non-animal 
related accidental exposures in any of the BSL-3 laboratories. There 
have been two animal bites but neither resulted in infection. 
Additionally, there have been no animal escapes from UTMB's 
biocontainment laboratories. Key UTMB scientists and support personnel 
have a combined experience of over 82 years in working with infectious 
diseases at the BSL4 level.
    The proposed GNL could result in beneficial human health impacts. 
The proposed GNL facility will allow UTMB to become a leader in 
developing diagnostic tests, management strategies, and vaccines for a 
number of emerging viral diseases and potential biological weapons. The 
proposed GNL facility will also allow for the training of additional 
scientists for high level biocontainment conditions, provide a state-
of-the-art telemedicine system, and increase the laboratory space 
available for conducting experiments.

Community Safety

    A quantitative risk assessment using the Maximum Possible Risk 
model and anthrax as the worst-case scenario agent concluded that there 
will be no risk to the public from the accidental release of anthrax 
spores at the proposed GNL facility. Six risk scenarios, assuming the 
use of a powder-like preparation of purified B. anthracis containing 
1x10\6\ spores, were run and the maximum number of spores released into 
the environment was calculated to be 120 spores per cubic meter of air 
(2,083 spores per cubic meter is needed to establish human infection). 
In all scenarios, there was no probability of harm to the public from 
an accidental release of anthrax spores due to the level of safety and 
redundancy incorporated into the design of the facility (e.g., use of 
biosafety cabinets, HEPA filters, emergency backup power sources, and 
pressure monitoring devices and alarms).

Air Quality

    Galveston County and the city of Galveston, including UTMB, lie 
within the Houston/Galveston Ozone Nonattainment Area, as designated by 
the Texas Commission on Environmental Quality and the Environmental 
Protection Agency (EPA), for both the 1-hour and 8-hour ozone 
standards. Concentrations of ozone exceeding the National Ambient Air 
Quality Standards (NAAQS) are attributed to industrial and vehicular 
emissions including emissions of volatile organic compounds and 
nitrogen oxide compounds (NOX). Galveston County is in 
attainment of the NAAQS for all other criteria pollutants for which EPA 
has made attainment designations. During site preparation and 
construction, the use of heavy equipment, delivery vehicles, and 
construction workers' personal transportation will generate combustion 
engine exhaust containing air pollutants associated with fuel (e.g., 
diesel). The amount of construction equipment and number of 
construction workers at the GNL site are anticipated to be small and of 
short duration, approximately 637 workers and a three year construction 
time. The quantities of air pollutants produced by vehicles and 
equipment associated with construction will be a minimal contribution 
to the total emissions from mobile sources already operating in the 
area. During normal operations of the proposed GNL facility, gaseous 
and particulate air contaminant emissions (including biological toxins, 
chemical agents, and hazardous air pollutants) generated will be 
prevented from escaping to the outdoor air through the use of 
engineering controls including a double HEPA-filtration system. 
Discharges from the facility are expected to be small and have minimal 
impact to NAAQS. Emergency generators will be added to existing 
generators in the Basic Science Building located immediately west of 
the proposed GNL facility. Emissions of regulated pollutants may 
increase and a permit review will need to be conducted and a possible 
modification to the permit needed.

Noise

    During construction of the proposed GNL facility, there will be 
increased noise levels of 10 to 15 dB from the daytime ambient levels 
for approximately 80dB. However, this effect will be temporary and 
intermittent. During operation of the proposed GNL facility, a low 
level of noise will be generated, but this noise will be consistent 
with the operation of similar laboratory/academic facilities on the 
UTMB campus.

Waste Management

    The waste and wastewater amounts estimated for the proposed GNL 
facility are small increments, 0.4%, above the volumes generated by the 
UTMB campus. The offsite treatment and disposal facilities that receive 
waste and wastewater from the UTMB campus have available capacity. The 
proposed GNL facility will be designed to treat the liquid biohazardous 
waste by chemical decontamination or sterilization. This waste will 
then be released into the building effluent treatment system where it 
will be sterilized, cooled, and then discharged into the sanitary sewer 
system. The solid waste that will be generated in the laboratories and 
animal areas will also be considered biohazardous. Solid waste from the 
BSL-2 laboratories will be placed into biohazard red bags for 
incineration or will be autoclaved and disposed of as solid waste. BSL-
3 and -4 wastes will be sterilized in an autoclave then placed in boxes 
for incineration. UTMB has a protocol for disposal of all biohazardous 
waste from the existing BSL-4 laboratory. This same protocol will be 
applied to the biohazardous waste generated by the proposed GNL BSL-4 
facilities.

[[Page 18412]]

Socioeconomics

    The short-term economic benefits from construction of the proposed 
GNL facility will be temporary and diminish as the project reaches 
completion at the end of the 3-year construction period (2005-2008). 
Construction of the proposed GNL facility is estimated to employ more 
than 637 direct workers during peak construction and will generate 
additional employment in associated sectors in the Region of Influence 
(ROI) Galveston County. During construction, personal income will 
increase by more than $30 million, or about 0.4 percent over the 
baseline of $7.7 billion. Operation of the proposed GNL facility will 
commence in the year 2008 and will continue for at least 20 years. The 
proposed GNL facility workforce will consist of a mix of scientific and 
administrative staff, including students. Although a total resident 
population for the proposed GNL facility has not been established, it 
is estimated that the facility will generate about 270 new direct jobs. 
The proposed GNL facility will generate a total of 328 permanent jobs 
(direct, indirect, and induced) in the Region of Influence (ROI) of 
Galveston County. The majority of the indirect and induced jobs will be 
in the retail trade and services sectors. Given the small number of 
secondary jobs created by the Proposed Action relative to the regional 
economy, the available labor force in the ROI will likely be able to 
meet the increased demand for workers. Minor short-term benefits will 
be expected. Tax revenues will exceed $2.2 million. The majority of the 
tax revenue will derive from payroll taxes and will not remain in the 
ROI. Total additional business output will be about $14.7 million.

Environmental Justice

    The selected action will result in minor positive changes to 
economic indicators, including personal income and employment. No 
health and environmental impacts are projected for any population 
within the ROI, including minority or low-income communities. 
Therefore, no environmental justice issues will be expected.

Cultural Resources

    Construction activities for the proposed GNL facility will not have 
an impact on adjacent historical buildings. The proposed GNL facility 
will be one laboratory building located among many others and will have 
an exterior facade similar to the other UTMB campus buildings around 
it. Thus, the view of that portion of the campus from any historic 
properties will remain essentially as it is now. Most of the activities 
related to operation of the proposed GNL facility will occur within the 
facility. Those activities conducted outside will be similar to those 
already conducted in relation to the campus buildings in the vicinity. 
Thus, there will be no impact to historic properties or Recorded Texas 
Historical Landmarks from operations of the proposed GNL facility.

Ecological Resources

    The proposed GNL facility will be located within the built 
environment in the heart of the UTMB campus. Vegetation consists of 
grasses, shrubs, and trees characteristic of a landscaped environment. 
Wildlife present are common species that have adapted to a landscaped 
and built environment bustling with human activity. There are no 
wetlands or natural aquatic environments within the UTMB campus. A 
review of U.S. Fish and Wildlife Service files indicated that no 
federally listed threatened or endangered species are likely to occur 
on the campus and the campus is not located within officially 
designated critical habitat.

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 action. The proposed GNL facility will be subject to the 
existing UTMB pollution prevention, waste management, and safety, 
security, and emergency response procedures as well as existing 
environmental permits. Best management practices, spill prevention and 
control, and stormwater management plans will be revised and followed 
to appropriately address the construction and operation of the proposed 
GNL and comply with applicable regulatory and NIH requirements. No 
additional mitigation measures have been identified.
    With regard to the restriction of vehicular traffic surrounding the 
proposed GNL facility, UTMB has taken steps to ensure continued patient 
access to the University Hospital Clinics (UHC) Building. The patient 
access and drop-off area (with a new covered walkway) has been 
relocated to the opposite side of the UHC Building.

Pollution Prevention

    Pollution prevention measures are described in Chapter 2 of the 
FEIS and reflect standard spill prevention procedures. Additional 
pollution from the GNL facility is not anticipated. Air quality permit 
standards will be met, as will all Federal, State, and local 
requirements to protect the environment and public health. Additional 
pollution prevention methods will include:
    Reducing construction waste by recycling materials wherever 
possible;
    Water efficient landscaping; and
    Use of heat reflective roofing material.

Monitoring and Enforcement Program for Mitigation Measures

    During the preparation of the FEIS, several potential environmental 
issues associated with implementation of the Proposed Action were 
identified. The local community is concerned about transportation 
impacts including patient access to the University Hospital Clinics 
Building. To mitigate this impact to patients, a new patient access 
drop-off area with a covered walkway will be accessible on the opposite 
side of the Hospital. Non-ambulatory patient assistance will continue 
as usual.
    Transportation of agents to and from the GNL is a concern for some. 
Strict rules and regulations govern how agents are packaged, labeled, 
handled, tracked, and transported. The risk to the surrounding 
community from the transport of biological material is as negligible as 
anywhere else along the transport path.
    Emergency planning was raised as a concern. UTMB has an existing 
Institutional Emergency Operations Plan that is regularly reviewed and 
that will be updated before the GNL becomes operational. Emergency 
responders in the area are confident that they will be capable of 
handling emergency situations.
    In addition, possible adverse health and safety impacts on 
laboratory workers in the proposed GNL and on nearby residents during 
the operational phase of the project were evaluated. The risks were 
deemed to be negligible, and mitigable through adherence to guidelines 
outlined in the 4th Edition Biosafety in Microbiological and Biomedical 
Laboratories, a joint publication of the NIH and CDC, as well as other 
standards for safe operational practices.

Conclusion

    Based upon review and careful consideration, the NIH has decided to 
implement the Proposed Action to partially fund the construction of a 
state-of the-art national biocontainment laboratory, which will be 
known as the Galveston National Laboratory (GNL), on the University of 
Texas Medical

[[Page 18413]]

Branch (UTMB) Campus in Galveston, Texas.
    The decision was based upon review and careful consideration of the 
impacts identified in the Final EIS and public comments received 
throughout the NEPA process. The decision was also based on UTMB's 
extensive expertise in biological medical research, its experience in 
operating BSL-2, -3 and -4 laboratories (only five other operational 
BSL-4 laboratories exist in the United States), and its infrastructure 
as a regional medical center being able to fulfill the purpose and need 
to provide national biocontainment facilities. Other relevant factors 
included in the decision, such as NIAID's mandate to conduct and 
support research on agents of emerging and re-emerging infectious 
diseases were carefully considered.

    Dated: March 29, 2005.
Leonard Taylor, Jr.,
Acting Director, Office of Research Facilities Development and 
Operations, National Institutes of Health.
[FR Doc. 05-7249 Filed 4-8-05; 8:45 am]
BILLING CODE 4140-01-P