[Federal Register Volume 65, Number 5 (Friday, January 7, 2000)]
[Notices]
[Pages 1184-1188]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-344]
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NUCLEAR REGULATORY COMMISSION
Memorandum of Understanding Between the U.S. Nuclear Regulatory
Commission, Office of Nuclear Material Safety and Safeguards, and the
U.S. Department of Energy, Office of Waste Management, Concerning the
Management of Sealed Sources
AGENCY: Nuclear Regulatory Commission.
ACTION: Notice.
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SUMMARY: This notice is to advise the public of the issuance of a
Memorandum of Understanding (MOU) between the Nuclear Regulatory
Commission (NRC) and the Department of Energy (DOE). The purpose of the
MOU is to address the problem of unwanted and uncontrolled radioactive
materials, often referred to as ``orphan sources''. The MOU defines the
agreed-upon roles and responsibilities of the NRC and DOE in situations
involving orphan sources where the NRC is responsible for leading the
Federal response, where immediate health and safety hazards have been
addressed, and where assistance with the transfer of the radioactive
material is determined to be necessary for continued protection of
public health and safety and the environment.
EFFECTIVE DATE: June 18, 1999.
ADDRESSES: Copies of all NRC documents are available for public
inspection, and copying for a fee, in the NRC Public Document Room,
2120 L Street, NW (Lower Level), Washington, DC. The NRC Public
Document Room is open from 7:45 a.m. to 4:15 p.m., Monday through
Friday (except Federal holidays). Telephone service is provided from
8:30 a.m. to 4:15 p.m. at 202-634-3273 or toll-free at 1-800-397-4209.
FOR FURTHER INFORMATION CONTACT: Douglas A. Broaddus, NMSS, Mail Stop
T8-F5, U.S. Nuclear Regulatory Commission, Washington, DC 20005-0001.
Telephone: (301) 415-5847; Fax: (301) 415-5369; e-mail: dab@nrc.gov.
Dated at Rockville, Maryland, this 23rd day of December 1999.
For the Nuclear Regulatory Commission.
Donald A. Cool,
Director, Division of Industrial and Medical Nuclear Safety, Office of
Nuclear Material Safety and Safeguards.
Memorandum of Understanding Between the U.S. Nuclear Regulatory
Commission, Office of Nuclear Material Safety and Safeguards and
the U.S. Department of Energy, Office of Waste Management,
Concerning Management of Sealed Sources
I. Introduction
The Federal Radiological Emergency Response Plan (FRERP) provides
guidance for the response of Federal agencies in peacetime radiological
emergencies that have actual, potential, or perceived radiological
consequences within the United States, its Territories, possessions, or
territorial waters. Although the FRERP encompasses a broad range of
radiological emergencies, it does not provide specific actions that
each agency must take when a radiological emergency is identified. This
Memorandum of Understanding (MOU) defines the roles and
responsibilities between the U.S. Nuclear Regulatory Commission (NRC)
and the Department of Energy (DOE) in situations where the NRC is
responsible for the Federal response to a radiological emergency, but
that does not require an immediate response (i.e., activation of the
NRC Incident Response Plan as described in NRC Management Directive
8.2), and where the transfer of licensed source, special nuclear, or
byproduct radioactive material--as defined under the Atomic Energy Act
of
[[Page 1185]]
1954, as amended (the Act)--primarily in the form of sealed sources and
devices as described in section IV. B., to the DOE is determined to be
necessary to protect the public health and safety and the environment.
II. Background
This MOU formally defines the activities carried out since 1992
under agreements reached via exchange of correspondence between NRC and
DOE. The need for this agreement arose due to the fact that licensed
radioactive material which exceeds the Class C limits defined in
Sec. 61.55, Title 10 Code of Federal Regulations (CFR) is not
acceptable for disposal at commercial disposal sites. The Low-Level
Radioactive Waste Policy Amendments Act of 1985 (Pub. L. 99-240) made
DOE responsible for the ultimate disposition of this material. Until
such time as the DOE has in place a disposal or routine acceptance and
storage capability for the various types of this material, this
agreement is necessary to allow transfer of material which exceeds
Class C limits from NRC and Agreement State licensees to the DOE in
limited situations which pose an actual or potential threat to the
public health and safety.
Under limited situations, described in more detail in Section IV.
A. of this agreement, DOE will consider accepting material at the
request of NRC which does not exceed Class C limits, but only under
situations where there is an actual or potential threat to the public
health and safety that cannot be mitigated by other reasonable means.
III. Purpose
This MOU applies to the recovery and disposition of byproduct,
source, and special nuclear material in the possession of licensees and
in the public domain by the DOE at the request of NRC. Although this
MOU is intended to apply to these materials in the form of sealed
sources, it is envisioned that under rare circumstances this MOU will
apply to the recovery and disposition of radioactive materials in other
forms, as described in section IV. B. In addition, this agreement
applies only to material in the private sector, licensed by NRC or an
Agreement State, which represents an actual or potential threat to the
public health and safety.
The determination of an actual or potential threat to the public
health and safety will be made by the NRC as described in this MOU, in
consultation with and participation by DOE, and may be based on such
factors as condition of the material, environmental conditions that may
affect the containment of the material, or loss of adequate controls by
the licensee because of financial, technical, or other reasons. This
MOU represents the process by which NRC may request assistance of DOE
to mitigate or eliminate an actual or potential threat to the public
health and safety from sealed sources and devices, after all other
reasonable alternatives have been unsuccessfully explored.
This MOU does not apply to situations where the DOE has in-place
the required capabilities for routine acceptance, storage, and/or
disposal of material which exceeds the limits of Sec. 61.55, 10 CFR as
specified in Pub. L. 99-240. Any agreements required under those
situations will be entered into separately or as a specific
modification of this MOU. In addition, this MOU does not apply to
situations which require activation of the NRC Incident Response Plan,
nor does it apply to safeguards or reactor incidents.
IV. Scope
A. Types of Radioactive Materials
This agreement is limited to only those radioactive materials which
are defined under the Atomic Energy Act of 1954, as amended, as source,
special nuclear, or byproduct materials. This agreement does not have
the authority to require the NRC or DOE to respond to non-emergency
situations, pursuant to this MOU, involving radioactive materials or to
respond to emergency situations which do not involve materials
regulated by the NRC.
This agreement is primarily intended to provide, under emergency
situations as described in this MOU, for the proper recovery and
disposition by the DOE of radioactive materials that are regulated by
NRC that exceed Class C waste limits defined in Sec. 61.55, 10 CFR.
Radioactive materials which do not exceed Class C limits are also
covered by this agreement in circumstances that represent an actual or
potential threat to the public health and safety and for which there
are no other reasonable alternatives to mitigate the threat. NRC and
DOE will consider situations involving radioactive material which does
not exceed Class C limits on a case-by-case basis as described in
section IV. E., or other agreed upon procedures.
Routine acceptance of material that does not exceed Class C limits
is not a part of this MOU and would fall under the authority of the
States in accordance with the intent of Pub. L. 99-240. No activities
contained in this MOU are intended to undermine the authorities and
responsibilities of the States as defined in Pub. L. 99-240. Further,
situations which would be considered an emergency solely due to the
lack of access to a compact or regional disposal site are not part of
this MOU. These situations are covered in the emergency access
provisions of Pub. L. 99-240 and must be addressed in accordance with
10 CFR Part 62. The purpose of 10 CFR Part 62 is to mitigate any
serious or immediate threat to the public health and safety due to
denial of access to a low-level waste disposal facility.
B. Form of Radioactive Material
This agreement primarily addresses the radioactive materials
defined in section IV. A. in the form of sealed sources or in devices
containing sealed sources. In general, the material must also be a form
that is readily transportable, does not require significant special
handling or unique handling equipment or capabilities, and is confined
to a single location. Material forms which are determined to be outside
these conditions will be handled on a case-by-case basis in accordance
with section IV. E., or other agreed upon procedures.
C. Quantity of Radioactive Material
It is envisioned that most cases covered under this MOU will
involve only a small number of sealed sources or devices, usually less
than ten, and only relatively small licensees. Quantities of
radioactive material contained in individual sealed sources or devices
should not exceed the maximum authorized on the sealed source or device
vendor's license. Situations involving significantly greater numbers of
sealed sources or devices or large scale licensees will be considered
on a case-by-case basis by the NRC and DOE in accordance with section
IV. E., or other agreed upon procedures. Radioactive materials shall
not be combined or altered for the sole purpose of meeting the
conditions of this MOU.
D. Nature of the Threat to the Public and Response Required
This agreement does not apply to emergency situations requiring an
immediate response, to situations for which immediate health and safety
concerns have not been mitigated or to situations for which the NRC
would not be designated as the Lead Federal Agency (LFA) for the
federal response to a radiological emergency. This MOU addresses
situations which the NRC determines, in consultation with DOE,
represent an actual or potential threat to the public health and
safety. The level of response required under this MOU will be based on
an assessment of the potential health and safety
[[Page 1186]]
consequences of the situation (e.g., amount of material involved,
potential for radiation exposure or releases of radioactive material,
and potential impact on the environment).
The authorities and responsibilities of certain Federal agencies
(including NRC and DOE) for responding to radiological emergencies are
specified in the FRERP. Activities under this MOU must be consistent
with the FRERP for responses to radiological emergencies and must not
interfere with or take precedence over FRERP activities. In addition,
actions necessary to mitigate an emergency requiring an immediate
response, or to mitigate an immediate health and safety threat
(radiological or otherwise)--including temporary control over
radioactive material--must be taken prior to any DOE recovery or
disposition activities.
Assistance by DOE to recover and manage the material may only be
requested by NRC after all other reasonable alternatives to alleviate
the situation are addressed. In addition, NRC shall identify the
response requested of DOE. DOE shall determine the appropriate response
to ensure the present or potential threat is mitigated or eliminated in
such situations where existing controls may not be adequate to ensure
long-term assurance of the public health and safety.
E. Exceptions to the Primary Intent of This MOU
The purpose of section IV, Scope, is to define the bounds of this
agreement in specific terms. Paragraphs A-C of this section indicate
that exceptions to the conditions of this agreement may be necessary.
The reason for these exceptions is that it is recognized that
situations involving actual or potential health and safety threats
requiring DOE assistance will not be limited to only small quantities
of sealed sources which exceed the Class C limits as defined in 10 CFR
Part 61.55.
In situations where the materials involved do not meet the specific
conditions described in paragraphs A-C above, but DOE assistance is
determined by NRC to be necessary, then the NRC shall document the
reason why it is appropriate to respond to the particular situation
under the terms of this MOU, document why DOE assistance is necessary
for the particular situation, and provide this information to DOE. The
DOE shall review this information and document the response it intends
to take based upon the information provided, and provide this
information to the NRC. So as to not delay a response to a request for
assistance, this exchange of information may take place electronically,
so long as hardcopy follow-up is provided.
F. Other Limitations
This agreement, and subsequent DOE recovery and disposition
actions, are generally limited to packaging, transport, and/or receipt
of radioactive materials, and the associated requirements to conduct
those activities.
This agreement is not intended to require or imply that DOE will
provide decontamination or clean-up activities, except as a direct
result of a DOE recovery operation, nor will DOE be expected to perform
recovery or disposition actions for materials other than those
specifically identified in this document.
This MOU does not apply to requests for radiological assistance
from DOE Radiological Assistance Program teams.
V. Authority and Regulatory Programs
A. NRC
NRC is responsible for licensing and regulating nuclear facilities
and material and for conducting research in support of the licensing
and regulatory process, as mandated by the Atomic Energy Act of 1954,
as amended; the Energy Reorganization Act of 1974, as amended; in
accordance with the National Environmental Policy Act of 1969, as
amended; and other applicable statutes. NRC responsibilities include
protecting public health and safety, protecting the environment, and
safeguarding nuclear materials in the interest of national security.
The Office of Nuclear Material Safety and Safeguards (NMSS) was
established under Section 204 of the Energy Reorganization Act of 1974,
as amended, and is charged with the responsibility of protecting the
public health and safety through regulatory control of the safe use of
byproduct, source, or special nuclear material, for medical,
industrial, academic, and commercial uses. To accomplish this goal,
NMSS uses licensing, inspection, enforcement, development and
implementation of regulations, guidance and policy, safety reviews for
products that use the material (including sealed sources and devices),
and other means available according to 10 CFR.
B. Agreement States
Section 274 of the Atomic Energy Act of 1954, as amended, provides
the NRC the authority to discontinue its regulatory authority over
certain radioactive materials (including sealed sources and devises)
within a State that has agreed to establish and maintain a regulatory
program for the materials that is adequate to protect the public health
and safety, and is compatible with NRC's program. States that have been
found to meet these criteria and have entered into such agreements with
NRC are called Agreement States. These Agreement States have
independent authority to regulate the radioactive materials specified
in the agreement within their boundaries, and are charged with
protecting the public health and safety through the licensing,
regulation, and enforcement of activities associated with the
materials.
Under Pub. L. 99-240, each State is responsible for providing for
the disposal of radioactive material which does not exceed a waste
Classification of C that is generated within its boundaries. In
addition, State and local governments have primary responsibility for
determining and implementing appropriate measures to protect life,
property, and the environment from radiological and other hazards.
C. DOE
DOE is responsible for conducting research and development, and
other activities, to support the use of byproduct, source, and special
nuclear materials for medical, biological, health, and other uses as
mandated by the Atomic Energy Act of 1954, as amended; the Energy
Reorganization Act of 1974, as amended; the Department of Energy
Organization Act, as amended; and other applicable statutes.
DOE is responsible for the disposal of radioactive material which
exceeds a waste Classification of C as defined in Sec. 61.55, 10 CFR as
mandated by Pub. L. 99-240. DOE is required to assure the public health
and safety as mandated by Section 102(13) of the Department of Energy
Organization Act, as amended, and is responsible jointly with NRC for
the development of contingency plans to recall or recapture radioactive
materials under Section 204(b)(2)(B) of the Energy Reorganization Act
of 1974, as amended. In addition, DOE is granted the authority to take,
requisition, condemn, or otherwise acquire any special nuclear, source,
or byproduct material as authorized by Sections 55, 66, and 81,
respectively, of the Atomic Energy Act of 1954, as amended.
VI. Agency Responsibilities and Agreements
NRC and DOE staffs will closely coordinate actions in both the
planning and execution phases to: (1) ensure a timely response where
DOE assistance is necessary; (2) provide adequate protection of the
health and safety of the public and occupational workers
[[Page 1187]]
involved in responding to requests for assistance; and (3) ensure cost
effective operations. Each agency will develop, in consultation with
the other, appropriate procedures as necessary to implement this
agreement. Each agency will designate the organization and key
personnel responsible for the day-to-day coordination and management of
activities covered by this MOU.
A. NRC Responsibilities
1. Upon discovery of a potential radioactive material incident
concerning NRC or Agreement State licensed material in an uncontrolled
condition that does not require activation of the NRC Incident Response
Plan, the NRC regional and headquarters offices will follow the
procedures contained in NRC Manual Chapter (MC) 1301, ``Response to
Radioactive Material Incidents that do not Require Activation of the
NRC Incident Response Plan,'' or Policy and Guidance Directive (P&GD)
9-12, ``Reviewing Efforts to Dispose of Licensed Material and
Requesting DOE Assistance,'' as applicable.
a. Manual Chapter 1301 is applicable to this MOU in situations
where licensed material is in an uncontrolled condition in an
unrestricted area and a responsible party cannot be readily identified.
Incidents applicable to MC 1301 may include locations which are
unlicensed, as well as licensed locations where the licensee is not
authorized to possess the radioactive material. When requesting
assistance of DOE is considered for these type incidents, MC 1301 will
be consulted for the procedures and guidance to follow for determining
whether DOE assistance is appropriate and necessary. Once DOE
assistance is determined to be appropriate and necessary, MC 1303,
``Requesting Emergency Acceptance of Radioactive Material by DOE,''
will be consulted for the procedures for making the request.
b. P&GD 9-12 is applicable to this MOU in situations where an NRC
or Agreement State licensee is unable to safely maintain control over
its licensed material, or there is a high potential for the licensee to
lose control of its licensed material. NRC and Agreement State license
reviewers will use this document to determine if DOE assistance with
the material is appropriate and necessary, and for making the request.
This document contains, in part, guidance for determining the need for
DOE assistance based on an evaluation of:
(1) whether viable options are available for recovery and
disposition of the radioactive material, (2) the licensee's ability to
adequately maintain control over the material and available options for
achieving this, and (3) whether the material is causing or has a high
potential to cause a significant health and safety risk to members of
the public.
2. Upon determining that DOE assistance is likely, NRC staff shall
consult with DOE staff to: (1) provide appropriate information
available on the incident (e.g., information listed in Enclosure 1 to
P&GD 9-12 or MC 1303); (2) determine if any additional information is
needed; and (3) identify any special conditions or requirements
concerning the incident.
3. Upon determining that DOE assistance is appropriate and
necessary, NRC staff shall formally request DOE assistance in
accordance with MC 1303 or P&GD 9-12, as applicable. These documents
specify the procedure for making an official request for DOE
assistance, information that is to be provided to DOE (e.g., sealed
source identification and condition information, licensee name, point
of contact, applicable historical information, etc.), the DOE addressee
for the request, and follow-up actions after the request is made. Prior
to issuance of the formal request, NRC will notify the applicable DOE
staff (via phone or electronic media) that the request is being made.
4. Prior and subsequent to requesting DOE assistance, NRC will
determine the extent of assistance that other parties involved are
responsible for, or are able to, provide for the recovery of the
material to minimize the cost to the government. Examples include
providing for the packaging and/or transport of the material.
5. Agreement States seeking DOE assistance applicable to this MOU
shall make all requests through NRC, following the guidance in MC 1301,
MC 1303, or P&GD 9-12. NRC staff will evaluate the Agreement State's
request and determine if all applicable information has been provided
and if requesting DOE assistance is appropriate and necessary. NRC will
not forward the request to DOE until the request contains complete
information and provides sufficient justification for requesting DOE
assistance, and will work with the Agreement State to obtain this
information. NRC will make all requests for DOE assistance under this
MOU on behalf of the Agreement States and shall serve as the single
point-of-contact for evaluating the requests in accordance with this
MOU.
6. NRC shall arrange for transfer of title of the recovered
materials to DOE or to other parties who will take possession of the
material, as designated by DOE.
7. Within its regulatory authority, NRC will ensure, and expedite
where appropriate, license and/or certification reviews and amendments
are performed as necessary to support safe and timely recovery of the
materials and to minimize costs to the government incurred in recovery
and shipment operations.
8. NRC shall coordinate the efforts of non-DOE involved parties in
recovery operations, and participate, as appropriate and necessary, to
ensure adequate protection of public/worker health and safety, and to
ensure regulatory compliance, as applicable.
B. DOE Responsibilities
1. DOE staff will participate and consult with NRC in the
determination process for requesting DOE assistance.
2. Upon receipt of a formal request for assistance, DOE will review
the request against the requirements of this agreement, Departmental
policies in effect at the time of the request, changes in legislative
authority which may affect actions requested, and expected cost versus
available funds to carry out the requested action. DOE will review each
request to ensure all reasonable options for disposition have been
exhausted prior to providing assistance. Upon completion of this
review, DOE will notify NRC of the action it will take.
3. Upon acceptance of a request for assistance, DOE shall identify,
package, transfer, receive, and/or store the radioactive material at a
DOE or other appropriate facility; or contract with appropriately
licensed firms for these services.
4. DOE will coordinate, through NRC, with the licensee and/or local
authorities and other agencies, as appropriate, regarding the details
of the recovery operations and provide information on progress and
status.
5. DOE will take title of the radioactive material either at the
material pickup location or at the designated receiving site, as
determined on a case-by-case basis, or ensure title is transferred to
appropriate parties contracted for services.
6. DOE may review procedures that NRC uses to determine: (1) that
material is an imminent threat to the public health and safety; (2)
that all available options for disposition of the material have been
exhausted; and (3) that a request for DOE assistance with radioactive
material is appropriate and in accordance with this MOU.
7. DOE will plan and budget, as appropriate, for its costs to
provide for
[[Page 1188]]
reasonably expected requests under this agreement.
8. DOE shall utilize its field elements, contractors, laboratories,
and facilities, and private industry, as required, in recovery and
disposition operations, for the safe, timely, and efficient conduct of
these operations. The use of these facilities is limited to those sites
with appropriate capabilities and compliance with applicable
regulations, as well as necessary funding. If such a site or necessary
funds are not available, DOE will consult with NRC and/or other Federal
and State agencies to determine if managing the material may be
accomplished by other means.
C. Coordination Officers
Each agency shall designate an individual(s) who will serve as the
respective coordination officer(s), or point(s) of contact (POC). The
POCs will coordinate and facilitate actions required by their
respective agencies. Additionally, they will establish and maintain a
call list (names, phone, and fax numbers) of responsible persons for
day-to-day contact on any matter related to this MOU, and shall provide
this call list to each other, as requested and appropriate.
VII. Elements of Coordination
A. Information Exchange
Both agencies agree to exchange information with respect to
relevant programs and lessons learned. The purpose of the exchanges is
to provide expert technical assistance to both agencies and to assist
either agency by reducing or eliminating duplication of effort. The
sharing of information between DOE and NRC (and Agreement States as
appropriate) will be exercised to the extent authorized by law (i.e.
NRC and DOE directives, statutes, and regulations), and will be
consistent with each agencies' missions.
Both agencies recognize the need to protect from public disclosure,
data and information that are exchanged between them, which fall within
the definition of trade secrets, and confidential commercial or
financial information. Both agencies agree to exchange proprietary
information in accordance with applicable regulations and their
regulatory authority. If a request calls for a disclosure determination
regarding proprietary information obtained from either agency, such as
a Freedom of Information Act request or response to a Congressional
inquiry--or either agency must comply with various regulatory or public
information responsibilities--the agency responsible for the
information will be promptly notified, by the other agency, of the need
for disclosure of the information. The responsible agency will make any
needed contact with the submitter of the protected information and will
accept the responsibility for evaluating the submitter's comments,
before rendering the disclosure determination.
B. Sharing Other Information
DOE and NRC will also offer each other the opportunity to comment
on regulations, regulatory guides, or other communications that refer
to activities, policies, or regulations of the other agency, that are
relevant to this agreement. If practicable, the documents will be
provided for comment prior to issuance.
Either agency may request additional information, when such is
deemed necessary to complete its mission.
VIII. Meetings
A. Annual Inter-Agency Meeting
The following are the offices and officers responsible for this
agreement:
1. For the U.S. Nuclear Regulatory Commission: Director, Office of
Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory
Commission, Mail Stop T8-A23, Washington, D.C. 20555; Telephone: (301)
415-7800.
2. For the U.S. Department of Energy: Deputy Assistant Secretary
for Waste Management, Environmental Management, U.S. Department of
Energy, Mail Stop 5B-040/FORS, Washington, D.C. 20585; Telephone: (202)
586-0307.
The DOE and NRC responsible officers, or their designated
representatives, shall meet at least annually to evaluate the
activities related to this MOU and make recommendations to agency heads
on its effectiveness. DOE and NRC will host the meeting on alternating
years.
B. Coordination Officers
Coordination officers, POCs, or their designated representatives,
shall meet, on a semiannual basis, to discuss technical issues related
to this MOU, review the status of actions underway or planned, discuss
any problems or issues, and recommend necessary changes. DOE and NRC
shall host the meeting on alternate dates.
IX. Other Laws and Matters
Nothing in this MOU shall be deemed to restrict, modify, or
otherwise limit the application or enforcement of any laws of the
United States with respect to matters specified herein, nor shall
anything in the MOU be construed as modifying, restricting, or
directing the existing authority of either agency.
Nothing in this MOU shall be deemed to establish any right nor
provide a basis for any action, either legal or equitable, by any
person or class or persons challenging a government action or a failure
to act.
This MOU shall not be used to obligate or commit funds or as the
basis for the transfer of funds.
X. Effective Date, Modification, and Termination of MOU
This MOU may be further implemented by supplementary agreements in
which authorized representatives of DOE and NRC may further amplify or
otherwise modify the policy or provisions in the memorandum or any of
its supplements, provided that any material modifications of the
provisions or any of its supplements shall be subject to the approval
of the authorized signatories of this memorandum or their designated
representatives.
This MOU will take effect when it has been signed and dated by
the authorized representatives of DOE and NRC. It may be modified by
mutual written consent, or terminated by either agency upon 60 days
advance written notice. The agencies agree to reevaluate this MOU at
lease every five years, at which time either agency has the option
of renewing, modifying, or terminating this MOU.
Approved and accepted for the U.S. Nuclear Regulatory
Commission.
Carl J. Paperiello,
Director, Office of Nuclear Material Safety and Safeguards.
Dated: June 18, 1999.
Approved and accepted for the U.S. Department of Energy.
Mark W. Frei,
Acting Deputy Assistant Secretary for Waste Management, Environmental
Management.
Dated: December 18, 1998.
[FR Doc. 00-344 Filed 1-6-00; 8:45 am]
BILLING CODE 7590-01-P
