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.