[Federal Register Volume 70, Number 166 (Monday, August 29, 2005)]
[Notices]
[Pages 51097-51098]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-4709]


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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: [email protected].

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 [email protected]. 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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