03-31700. Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites

AGENCY:

Office of Environmental Management, Department of Energy.

ACTION:

Notice of the acceptance of Title X claims for reimbursement in fiscal year (FY) 2004.

SUMMARY:

This Notice announces the Department of Energy (DOE) acceptance of claims in FY 2004 from eligible active uranium and thorium processing sites for reimbursement under Title X of the Energy Policy Act of 1992. In FY 2004, Congress appropriated $51 million for the Title X reimbursement program. Because of the amount of unpaid approved claims within the current reimbursement ceilings (approximately $80 million), DOE plans to accelerate the FY 2004 reimbursements to licensees in advance of the April 30, 2004, regulatory deadline. These payments will be prorated based on the amount of FY 2004 appropriations, unpaid approved claim balances (approximately $80 million), and claims received in May 2003 (approximately $38 million).

DATES:

The closing date for the submission of claims in FY 2004 is May 3, 2004. These new claims will be processed for payment by April 30, 2005, 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 the U.S. Department of Energy, National Nuclear Security Administration Service Center, Environmental Programs Department, PO Box 5400, Albuquerque, NM 87185-5400, or by express mail to the U.S. Department of Energy, National Nuclear Security Administration Service Center, Environmental Programs Department, H and Pennsylvania Streets, Albuquerque, NM 87116. All claims should be addressed to the attention of Mr. Gilbert Maldonado. Two copies of the claim should be included with each submission.

FOR FURTHER INFORMATION CONTACT:

Contact Gilbert Maldonado at [phone] of the U.S. Department of Energy, National Nuclear Security Administration Service Center, Environmental Programs Department.

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 processing 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 which 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 United States 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 16th of December, 2003.

David E. Mathes,

Commercial Disposition Office, Office of Logistics & Waste Disposition Enhancement.