E8-30501. Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites

AGENCY:

Department of Energy.

ACTION:

Notice of the acceptance of Title X claims during fiscal year (FY) 2009.

SUMMARY:

This Notice announces the Department of Energy (DOE) acceptance of claims in FY 2009 from eligible active uranium and thorium processing sites for reimbursement under Title X of the Energy Policy Act of 1992. For FY 2009, Congress has not completed the appropriation process for DOE, including funds for the reimbursement of certain costs of remedial action at these sites. If no funds are appropriated, the approved amount of claims submitted during FY 2008 and unpaid approved balances for claims submitted in prior years will be carried forward for payment in FY 2010, subject to the availability of funds. If FY 2009 funds are appropriated, and if the available funds are less than the total approved claims, these payments will be prorated based on the amount of available FY 2009 appropriations, unpaid approved claim balances (approximately $8.6 million), and claims received in May 2008 (approximately $34 million).

DATES:

The closing date for the submission of claims in FY 2009 is May 1, 2009. These new claims will be processed for payment by April 30, 2010, together with unpaid approved claim balances from prior years, based on the availability of funds from congressional appropriations.

ADDRESSES:

Claims should be forwarded by certified or registered mail, return receipt requested, to Mr. David Alan Hicks, Title X Program Manager, U.S. Department of Energy/EMCBC, @ Denver Federal Center, P.O. Box 25547, Denver, Colorado 80225-0547. Two copies of the claim should be included with each submission.

FOR FURTHER INFORMATION CONTACT:

Contact David Mathes at [phone] of the U.S. Department of Energy, Office of Environmental Management, Office of Disposal Operations.

SUPPLEMENTARY INFORMATION:

DOE published a final rule under 10 CFR Part 765 in the Federal Register on May 23, 1994, (59 FR 26714) to carry out the requirements of Title X of the Energy Policy Act of 1992 (sections 1001-1004 of Public Law 102-486, 42 U.S.C. 2296a et seq.) and to establish the procedures for eligible licensees to submit claims for reimbursement. DOE amended the final rule on June 3, 2003 (68 FR 32955) to adopt several technical and administrative amendments (e.g., statutory increases in the reimbursement ceilings). Title X requires DOE to reimburse eligible uranium and thorium licensees for certain costs of decontamination, decommissioning, reclamation, and other remedial action incurred by licensees at active uranium and thorium milling sites to remediate byproduct material generated as an incident of sales to the United States Government. To be reimbursable, costs of remedial action must be for work that is necessary to comply with applicable requirements of the Uranium Mill Tailings Radiation Control Act of 1978 (42 U.S.C. 7901 et seq.) or, where appropriate, with requirements established by a State pursuant to a discontinuance agreement under section 274 of the Atomic Energy Act of 1954 (42 U.S.C. 2021). Claims for reimbursement must be supported by reasonable documentation as determined by DOE in accordance with 10 CFR Part 765. Funds for reimbursement will be provided from the Uranium Enrichment Decontamination and Decommissioning Fund established at the Department of Treasury pursuant to section 1801 of the Atomic Energy Act of 1954 (42 U.S.C. 2297g). Payment or obligation of funds shall be subject to the requirements of the Anti-Deficiency Act (31 U.S.C. 1341).

Authority: Section 1001-1004 of Public Law 102-486, 106 Stat. 2776 (42 U.S.C. 2296a et seq.).

Issued in Washington DC on this 15th of December 2008.

David E. Mathes,

Office of Disposal Operations, Office of Regulatory Compliance.