Uranium & Thorium Processing Site Remediation
Regulations
Cases
Title X of the Energy Policy Act of 1992 requires the Department of Energy
to reimburse eligible uranium and thorium processing sites, which also include
vicinity properties. The Department promulgated 10 CFR part 765 (59 Fed. Reg.
26714 (May 23, 1994)) to implement the requirements of Title X and to establish
procedures for eligible applicants to submit claims for reimbursement.
Title X provides that, with certain exceptions, remedial action costs at
active uranium or thorium processing sites shall be borne by persons licensed
under section 62 or 81 of the Atomic Energy Act of 1954, as amended. Section
1001(b)(1)(B) of the Act requires the Department to reimburse eligible
licensees of an active processing site a portion of the costs determined by the
Department to be attributable to byproduct material generated as an incident of
sales to the United States and either (a) incurred by such licensee not later
than December 31, 2002; or (b) placed in escrow not later than December 31,
2002, and incurred by the licensee in accordance with a plan for subsequent
decontamination, decommissioning, reclamation, and other remedial action
approved by the Department.
To be reimbursable, such costs must be for work which is necessary to comply
with applicable requirements of the Uranium Mill Tailings Radiation Control Act
of 1978 or, where appropriate, with requirements established by a state
pursuant to a discontinuance agreement under section 274 of the Atomic Energy
Act. The Energy Policy Act of 1992 limits the amount of reimbursement paid to
any one licensee of an active uranium mill tailings site to an amount not to
exceed $5.50 multiplied by the dry short tons of byproduct material located at
the site on October 24, 1992, and generated as an incident of sales to the
United States. Total reimbursement, in the aggregate, for work performed at
active uranium sites shall not exceed $270 million. Total reimbursement for
work performed at the active thorium site shall not exceed $40 million, and is
limited to costs incurred for offsite disposal.
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