2011-13064. Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites

AGENCY:

Department of Energy.

ACTION:

Revised notice of the acceptance of Title X claims during fiscal year (FY) 2011.

SUMMARY:

This Notice announces revisions to the Department of Energy (DOE) acceptance of claims in FY 2011 from eligible active uranium and thorium processing site licensees for reimbursement under Title X of the Energy Policy Act of 1992. In our Federal Register Notice of November 24, 2010 (75 FR 71677), the Department announced the closing date for the submission of claims in FY 2011 as April 29, 2011. In a subsequent Federal Register Notice of May 3, 2011, (76 FR 24871), the Department announced it had become necessary to defer that closing date for acceptance of claims; and at a later date, the Department would announce a new closing date for the submission of FY 2011 claims and a new address for submitting the claims.

DATES:

The revised closing date for the submission of claims in FY 2011 is June 3, 2011. These new claims will be processed for payment by June 1, 2012, together with any eligible unpaid approved claim balances from prior years. All reimbursements are subject to the availability of funds from congressional appropriations.

ADDRESSES:

Claims should be forwarded by certified or registered mail, return receipt requested, to U.S. Department of Energy, Office of Legacy Management, Attn: Title X Coordinator, 2597 Legacy Way, Grand Junction, Colorado 81503. 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 Pub. L. 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 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 19th of May 2011.

David E. Mathes,

Office of Disposal Operations, Office of Technical and Regulatory Support.