ML20058P358

Informs Commission of NRC Intent to Participate W/Doe in Implementing Title X to Natl Comprehensive Energy Policy Act of 1992

ML20058P358
Person / Time
Issue date:	12/01/1993
From:	Taylor J NRC OFFICE OF THE EXECUTIVE DIRECTOR FOR OPERATIONS (EDO)
To:
References
SECY-93-325, NUDOCS 9312270090
Download: ML20058P358 (25)

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December 1, 1993 SECY-93-325 (NEGATIVE CONSENT)

FOR:

The Commissioners FROM:

James M. Taylor Executive Director for Operations

SUBJECT:

THE U.S. NUCLEAR REGULATORY COMMISSION'S PARTICIPATION WITH THE U.S. DEPARTMENT OF ENERGY IN IMPLEMENTATION OF TITLE X TO THE NATIONAL COMPREHENSIVE ENERGY POLICY ACT OF 1992 PURPOSE:

To inform the Commission of the U.S. Nuclear Regulatory Commission staff's intent to participate with the U.S. Department of Energy (DOE) in implementing Title X to the National Comprehensive Energy Policy Act of 1992 (the Act).

BACKGROUND:

Congress passed the Act on October 24, 1992.

This Act provided in Title X, for reimbursement to uranium mill owners for the cost of reclaiming mill tailings that resulted from the processing of uranium purchased by the government.

DOE was designated to administer this program.

The cost of reclaiming tallings at NRC or Agreement State licensed uranium mills is the responsibility of the owner.

Under the U.S. Atomic Energy i

Commission programs, large quantities of uranium were purchased by the government until about 1970.

Of the total production of uranium, percentages of government purchases from individual mills ranged up to 80 percent.

The uranium prices paid by the government were intended to cover costs and a profit, but did not include a component for reclamation and stabilization of NOTE:

TO BE MADE PUBLICLY AVAILABLE WHEN THE FINAL SRM IS MADE

Contact:

Allan T. Mullins, NMSS AVAILABLE 504-2578 i{l3 4

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The Commissioners 2

the tailings areas, as those activities were not then contemplated. Almost all uranium mills are now shut down, and the majority are being reclaimed.

DOE has requested NRC and Agreement State assistance in fulfilling its responsibilities. NRC staff has reviewed and provided informal comments to DOE on draft versions of the proposed rule.

Comments have now been prepared on the proposed rule which was published in the Federal Reoister on August 9, 1993.

DISCUSSION:

The main points of the Title X reimbursement program are summarized in.

This includes a provision whereby NRC is to consider the Title X reimbursement in the amount of surety required from the NRC licensed mill operator.

Staff will establish procedures to accomplish this after DOE's program is implemented.

Title X required DOE to prepare regulations within 180 days of passage of the Act (Item 10, Enclosure 1). As a result:

2 1.

DOE 6veloped proposed regulations as 10 CFR Part 765 defining procedures for mplementing Title X (Enclosure 2).

2.

These proposed regulations have four subparts.

Subpart A.

" General Applicability and Definitions" Subpart B.

" Reimbursement Criteria" Subpart C.

" Procedures for Filing Reimbursement Requests" Subpart D.

" Additional Reimbursement Procedures" 3.

The regulations define a specific role for NRC and Agreement States.

In the proposed regulations, DOE has included a provision for NRC review of submittals for reimbursement from individual mill owners and certification that the work for which reimbursement is requested is substantially in conformance with the reclamation plan approved by NRC (s765.21 (d),

page 42463, Enclosure 2) under the Uranium Mill Tailings Radiation Control Act of 1978, as implemented by 10 CFR Part 40, Appendix A.

DOE had earlier explored, with staff, a proposal that would have NRC not only certify that the work was carried out under an approved reclamation-plan, but also certify that work for which reimbursement was requested had been completed. NRC staff agreed that it would be appropriate for NRC or the Agreement State regulatory agency to certify that the work for which reimbursement was requested was covered by an approved reclamation plan. Staff saw no reason for DOE to conduct an independent review, when that review would have already been performed by NRC or an Agreement State.

NRC staff declined, however, to

The Commissioners 3

certify, under the time constraints in Title X, that the work was actually completed according to specifications. Such determinations must be made by NRC staff before license termination, but not necessarily on an annual basis.

DOE anticipates that as much as one-half of the total reimbursement could be requested during the initial year as reclamation work has been underway at many of the mills for several years.

Rescarces to review the reimbursement submittals are expected to be approximately 0.5 Full Time Equivalent in FY 1994 and will be made available within existing resources contained in the FY 1994-1998 Five-Year Plan. Subsequent years would require a much smaller commitment of NRC resources.

DOE was notified on September 22,1993 (Enclosure 3), that NRC would provide i

late comments on the proposed rule. The main comments have been informally discussed with D0E.

RECOMMENDATION:

Unless advised to the contrary by the Commission, the staff plans to submit final comments to DOE on the proposed rule (Enclosure 4) within 10 working days from the date of this paper and will have committed to the review of the reimbursement submittals.

COORDINATION:

The Office of the General Counsel has reviewed this paper and has no legal objection. The Office of the Controller has reviewed and concurred with this paper.

s N[

mes M..W ylor xecutive Director for Operations

Enclosures:

1.

Summary of Reimbursement Program 2.

Proposed Regulations is 10 CFR Part 765 3.

Notification of Late Comments in ltr to DOE, dtd 9/22/93 4.

NRC Comments on Proposed Regulations i

i

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4 SECY NOTE:

In the absence of instructions to the contrary,-SECY will notify the staff on Thursday, December 16, 1993, that the Commission, by negative consent, assents to the action proposed in this paper.

DISTRIBUTION:

Commissioners OGC OCAA OIG OPA OCA OPP REGION IV EDO SECY l

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SUMMARY

OF REIMBURSEMENT PROGRAM PAYMENTS UNDER TITLE X REMEDIAL ACTION AND URANIUM REVITALIZATION

• NRC involvement 1.

Reimbursement will be made for work accomplished on an annual basis.

The initial claim for reimbursement may be made on or before February 1994. DOE estimates that as much as one-half of the funds could be requested in the initial submittals.

2.

Limitation of reimbursement per facility is $5.50 per dry ton of tailings attributable to sales of uranium to the government.

3.

Costs of decontamination, decommissioning, reclamation, groundwater remediation, vicinity property cleanup, or other remedial action will be allowable costs.

4.

Incurred costs will be reimbursed through December 31, 2002.

Funds may be escrowed for reclamation work to be done after that pursuant to a reclamation plan approved by DOE.

5.

A determination will be made as of July 31, 2005, as to any excess funds available.

If any, they may be prorated over licensees and additional payments made if the costs have exceeded $5.50 per ton.

6.

With the exception of the TVA Edgemont site, tailings must have been on site as of the date of enactment and produced at that site.

7.

NRC is required to consider the availability of these funds in establishing the amount of surety required under Appendix A.

8.

The total funds allocated for the uranium mill portion of the Act is

$270 million.

Funds for thorium licensees are established in the amount of $40 million but are restricted to movement of tailings from such operations for offsite disposal.

9.

The amount of funds available shall be increased annually from 1992 based on changes in the Consumer Price Index.

10.

DOE must issue regulations covering the program within 180 days of the date of the Act (October 1992).

11. NRC or an Agreement State will certify that the activities for which reimbursement has been requested is substantially in conformance with the approved reclamation plan.

12.

Reimbursement of costs incurred after 2002 shall be made pursuant to a reclamation plan approved by DOE.

Funds may be escrowed for payment for this phase.

I It appears that there are 13 licensees which will qualify for funding under j

this law. The total amount of tailings that may be attributable to the.

production of government uranium is about 56 million tons out of the total at the sites of 148 million tons.

i

Alic '

42450 Federal Register / Vol. 58, No.151/ M;nday, August 9,1993 / Proposeo Rules J

m DEPARTMENT OF ENERGY

2. Ourview of Uranium Mill Tailings actjve uranium or thorium processing RadiationControl Act Bec d

sites shall be bome by persons li@nsed 10 CFR Pat 1765 D.A'nf'b under section 62 or 81 of the Atomic -

Ma Reimbursement for Costs of Remedial A. D srm nanon of R l nburseble Costs Energy Act of 1954. Title X requires the Action at Active Uranium and Thorium B. Eligible Licensees, Sites,and Q= rma Department of Energy, however, to Processing Sitee ofTamngs reimburse each licensee that owns an C Vert $ cation of Adequacy of Rermedial active processing site for such portion of AGENCY: Office of Environmental Action these msts as are determined by the Restorstion and Weste Management, i[toog Departs at to ttn b to im m

coso Department of Energy.

Uranium Processing Sites yp E

ACT oN: Proposed rule.

F. Reimbursement of Costs at'thsh incident of sales to the United States Thorium Processing Site and either (a) incurred by such licenses SuuhtARY:De Department of Energy, m.Section-By.Section Analysie not later than December 31,2002; or (b)

Office of Environmental Restoration and A.Subpart A.-General placed in escrow and incurred by the Waste Management,is proposing to 1.6 765.1 Purpose licensee in accordance with a plan for amend its regulations by adding a new 2.5 765.2 Scepe and Applkah11Ry subsequent decontamination, provision governing reimbursament for

3. $ 765.3 Dennidons hmm!ssioning, reclamation, and certain costs of decontamination, 5j other remedial action approved by the P

e decommissioning, rarlamation. and 2 6 765.11 ReimburseWe Gests D'.partment.

Other remedial action incurred by 3.5 765.12 innation hh Adjustaneet sn order to be reimbursable, such limnsees at active uranium or thorium Procedures costs must be for work that is necessary processing sites to remediate byproduct C Subpart C-Procedures ferFilleg and to comply with applicable requirements meterial generated as an incident of Promssing Reimbumosment Regemens of the Uranium Mill Tallings Radiation sales to the United States Government.

1. E 765.20 Reimbursement aequestFEng Control Act of 1978 (42 U.S.C. 7901 et Title X of the Energy Policy Act of 1992 requires the Department of Energy to 2'Requesu2[Pmcessing Reh 889-) r.Wher* ep requirements estagriate, with ed by a State that promulgate regulations implementing 3.5 765.22 Appesh Proceemses is a party to a discontinuance agreement the requirements of Title X and 4.5 765.23 Annual Report under section 274 of the Atomic Energy establishing procedures for eligible D. Subpart D-Additional Rewr=.--e Act of 1954 (42 U.S.C. 2021) applicants to submit claims for, and Pmcedures

(" Agreement State"). In addition, claims receive, such reimbursements.

1.5 765.30 Reimbursement of Costs for reimbursement of remedial action DATES: Cornments must be submitted on eh or before September 23,1993. The.

Sabe q bb costs must be supported by reasonable

2. $ 765.31 Placement of Funds in Esemw documentation as determined by the Department of Energy has scheduled a for Subsequent Remedial Action ment of Enem.

public hearing in Denver, Colorado,

3. $ 765.32 Raimbursement of Excess on 2001(b)(2Tof Title X (42 beginning at 9:30 a.sn. on Septembei14 Funds U.S.C. 2296a(b)(2)] limits the amount of 1993.

!Y. Opportundry for Public *n===ne sessnbursement paid to any one licensee r

ADDRESSES: he public hearing will be V.1teview under Executive Outer 12291 of en active uranium mill tailings site to VL R held at the Holiday Inn Denver m Udsrthe Regulatery FladbWty an amount not to exceed 35.50 International Air Avenue, Denver, port,15500 East 40th 512. Review Under the Paperwert Reduction Coloredo 60239 (303/

Act byproduct metenal located at the site on 371-9494). Requests to speak at the VEZ.Redow Under the National October 24,1992, and enerated as an E

public hearing and comments on toda Environmental Policy Act incident of sales to the United States.

proposal should be addsessed M Mr. y's IK E*'i'w under Executive Order 1261:

Total reimbursement,in the aggregate.

David M6thos OffiosofEnviromaantal I Revim UnderExecutive Oder 12778 for work performed at active uranium Restoration and Waste Management, I. Intrrvturtina and Backgrwand sites shall not exmed $270 million.

Southwestem Aree.% =w, U.S.

Total reimbursement for work Department of Energy, EM-45/Trevion A.Statut sy Authority perfonned at the active thorium site 11 Building, Washington, DC 20585-Title A of the Energy Policy Ac2 of shall not exceed $40 milh,on, and is 0002. All comments received will be 1992 (Pub. L.102-486, the Act), enacted limited to costs incurred for offsite avallable for public review in the on October 24,1992, requims the disposal. %ese aggregste ceihngs and Department of Energy Freedom of Department of Energy to reimburse the 55.50 per dry short ton limit on Information Reading Room,1000 certain uranium and thorium hosases asimbursement to individual uramum Independence Avenue, SW.,

for certain costs of decortamhte ette licensees shall be subject to annual Washington, DC, from 9:30 a.m. to 4:30 decommissioning, reclamation, and adjustment forinflation based upon an p.m., Monday through Fridsy.

other remedial action (" remedial action inflation index chosen by the POR FURTHER MOR6tATION CONTACT:

costs") at active uranium or thorium partment o%ergy.

David Mathes. Office of Environmental processing sites, which also includes B. Background Restorstion and Waste Management vicinity properties. Consistant with (EM-45), U.S. Department of Energy, section 2002 of the Act (42 U.S.C,

1. Overview of Uranium Processing (3011 903-7223.

2296a-1) the Department has issued this Activity Licensed Under the Atomac SUPPLEMENTARY MORMADON:

proposed rule to implement the Energy Act of 1954 L Intmduction and Backgmund requirements of Title X and establish

'The U.S. Army's Manhattan A. Statutory Authartty Procedures for eligible appkw= to neering District from 1942 to 1946, B. Background submit claims for, and receive, later the Atomic Energy

1. Overvnew of Ur=4== Procnesing reimbursemant.

Commission (AEC), from 1947 through i

Activity IJoenned Under the Ane'.c Title X provides that, with certain 1970, entered several contracts for the d

Energy Act of1954 sxceptions, remedial action costs at purchase of uranium concentrate to

$4

FedereMagister /.9d. 58, No. 251 / Monday,' August-9,1983 / h,--M Rules 42451 mrt the Nation's ^'

2. Overviewof Uranium MillTallings sesbihastian and manymant of f

diy. four asile psodded===h"=

Radiation Control Act co-h@d uranima mill tailinge w Army,primarilythsough In November 1978, as a result of these generated as an incident of sales to the

[

icasaing radium ased easedimar saill igs. EventuaDy a totalof M studies. Congress enacted the Uranium United ha== Comarnment. b nercially operstod mills produmd Mill Tailings Radiation Control Act of DePatment was dirsdad toidentify.

1978 (UMTRCA). UMTRCA authorizes ameg other things, tb amant of ium concentrate for sale to the the ant of Ensqy to undertale hHMgm gamessted under Federal a

ed States Go..m d.

re action at "inaMive" sites and contred at each active sits.' Itis ese uranium procurement actrads at vicinity propeaties contaminated with dotarmination was to be used to loF the pur6se of 80 byproduct material generated at a site.

4 of uradum macactrate.

inactive uranium milung sites are those calculate the percentage of such tallings UPon in relation to total talunits at sech site, ed carmas addreened that were no longer licensed under the and the s. yuuding share of Federal cal aristics, grade, and Atomic Eos Ad on January 1,1978,

"""4'-an= appropriate to meet the costs Wee but dd not MM" and where a or substantially all of the of stabilizing and managing talungs as rions br mill rt--u -w" uranium concentrate was produced for retuired by Federallaw.

satim of f auty piles, w lonR-the Federal Government. The utle X of the Energy Policy Act of mapment of the milling process Department conducts remedial acdon in 1992 wahua-the estbority and t known as tailings. When these cooniination with aDected States and framework forpmeiding this Federal i

cts wwo executed, the potsedel Indian trbs under cooperative assistanos. The Department of Energy is 10 of tallings were not fuDy agreements. Remedial action costs am required to issue :=gnl=* ions governing tized. Over the ensuing decades, apportioned, on a 90 percent to 10 reitnburma-* to b" z at active percent retic, between the Federal cal hazards associated wfth Go-.s,.4 and the affected Stata, usashiam and thorium prv==asing sites er, potential redialogical and for omrtasa costs of remedial actxa. This respectively. Ramedial adion costs at Proposed rule pr===* the requirements m and thorium m!!! tallings were sites on Indian lands are paid in full by and. Awe under which the led and standards and F

the Federal Government.

Department will haplamant this i

i.

rments ware denloped for the in addition UMTRCA established a-reimbur-ent program.

I and managemant of talhags.

Program suGmaiug the Nuclear l

$rst reedst sales pm6mm Regulatory Commission (NRC) to D. Analysis ofMajorIssues l

regulate mill tallings generated during A. Determination ofReimbursnhie Costs

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h$

7,,*;",,

Promaatng operstims at " active"

{e pmvfded for Pmoessing sitse fi.e., sites with active Section 2001(bX1) of the Act (42 Th a M

Pmputies Ifeenees under the Atomic Energy Act U.S.C. 2296e(bX1 authorizes the on or after January 1,1978) to ensure Department of Energy'to determine the portion of remedial edian costs $ oNop on btion, h

• h00 Co d Because were tums a semes to and disposal phases.

3 in eccordanm with a plan for subsequent i 3'I'gislative Backgramd remedial action approved the d on tors and individuals used an UMTRCA did not rovide for h' td 300,000 tons of tailings as peyment of remedia action costs b M Ws ction or Sil material before the incurred at actin uranium processing incident ofsales to ted States a was stopped in 1966. Pub. L. sites containing piles of commingled Reimbursement may only be made for provided Emancial assistance to taihngs generated under Federal,such portion of the remedial action e of Colorado to umit radiation contred and for commercial entities. costs incurred at each site and e resulting from the use of Two mpets pmpared subsequently for supported by adequate documentation. i miu taihngs foromstruction Congress, by the Department of Energy At most ocdw pimi% in January 1979 and by the General byproduct material attributable to the s. United States le commingled with on 1975 and 1979, the co[d d tha Fed r byproduct material generated for eut of Energy and the Eneqy should be ded to licensees at these Nun *feial or Private parties. Nee ass stan i and Development sites to ad ss the cost of remediating mmmingled talhngs am often tretion, successor egencies to mill tailings that we genersted under mas bdated at each she in a nngle, w completed studies of uranium contracts with the United States a few, taihngs pile or piles. Since a that had produced uranium Government, byprodud material genarsted as a result are for the AEC, had Congress directed the Department of d sales to the Unhed States usuaHy was mtly czased operations, and Ene*Ey, through section 213 of Public Pmduced ria to that gwated as a P sidered inactive.These studies Law 96-540, to develop a plan for resu n) t ste su ed that uranium mill talungs establishin gy cooperative program t t these inactive uranium Provide Fe 1 assistancein the is often at the bottom the pile N subsequently generate 7a,gg e g, g g ha Pubue '~^n****** e-s program should be developed as can.no op Oa.eue amrmt>=s um o,.4 4 7.u.g. sales to private parties. s an incident of r ma nns re.4uc.6 u. Proc.uma pmper =sMiW or r.n sy e-a ca= Under Anosuc Plans for remedial adlon regmred af those talhogs,in order to FmgyJm. nary so. ss7sk pursuant to UMTRCA or Agreement

==cuh ^r o r minindse rmMn d2ffusion-Stata requirements neually addreas g""""f'*d WI nvironment and other related 7 remediation and etahibsenan of the Accomne eomasuo-re-se u.s n.e=ta :et entise *=iHare pile. In a*% these r-mm. r hn=ry s, terse. plans usanDy reguhe that e m=gs be i e -- T

. gp + l .c;, p 48dSeu Federn0Basigtec /. Yet St. No.15tF ' 1_ ^ t,Jase,A Paqosaadalpigm'ifg d=W had la than aroyed er a e, Department as aparl Aswlin tedey'ap

c. ctherM.the j

disread of hem. As a result,it proposedrule.. ..s. u. 6 n.;...would pmide.-M-

ondy o&en may be impossible to attribute Forexample,if thetotalapproved i

l spedfic costs of remedid ar** to remedial action cost at a site equals $40 that portion of the mets incursed leur. spedfic byproded meterial in a talungs million, and 25 percent of the site's total. Department, that i ~ pile. Instead, many remedial action tailings are Federal-related, then b multiplyl@f Federal-nlated takes % costs may only beiattributable to the maximum reimbursement amount to - osal appmved mets by y entire tahgs pile, not disaset portions which the licensee could be digible percentage o p that can be identified as commercial or would be 540 mililon multiphed by the For example,if 30 percent of the total - g Federal-related tailings. In addition,it Federal reimbursement ratio (i.e. 0.251, tallings present at the site on October ' ~ 9 often may be impossible to attribute or sto million. 24,1992,is Federal-related, then 30 spedfic costs of remedial odion to e One factor may further limit the percent of the remedial action costs precise quantity, in tons, of byproduct maximum reimbursement amount at claimed, which am supported by 3 material. each mnim pmr=aing site. As adequate documentation and approved-

1. Maximum Reimbursement Amount required by section 100t(bX2XA) of the by theDepartment, would be 4

Act [42 U.S.C. 2296a(bM2XA)), the reimbursed up to an infladon-edjusted. Since costs of remedial action reimbursement cohg br each eligible. Federal.relawd tailings.. cohg of $5.50 per dry short ton of L attributable to byproduct material uranium processing alte may not exmed (6) Phase Two.b second phase of-k generated as an inddest of aslee to the 35.50, as increased for inflation. the seimbursement process would begio. Yl United States generslly cannce be multiplied by b number ofdry short. In 2003, Claims for reimbursement segregated spedfically frorn costs tons of tallings present at the site on attributable to other byprodud material October 24,1992.that were generated as during the second phus may be )d at the site, the Department of Energy an inddont of sales to the United - submitted only after the licensee's plan g f for ont remedial action has been g shall provide reimbursement only for States.* For example,in b hyp4* Heat approv the Department of Energy. l that percentage of b costs incurred for case above, if the site had only 1 million Funds for a reimbursement of ,e remedial action, and approved by the tons of Federal related range the miscted costs of remedial action would j Department, that corresponds to the reimbursement ceiling reqmred by the placed in an encrow aa:ount by the l 'i percentage of total tailings that were Act would be 35.50 muldplied by 1., Department, as specified by Subpart D generated as an incident of sales to the million tons, or 35.5 m+11w,iner==A of ofthisp rule. b proposed rula. United States. 510 mihn.b Department of Energy uires a -maa to prepare and b posed rule provides that mquests ubhccanentson this methodofogy for determining the. t for approval a plan br Federal reimbursement ratio end. invites. after January remdial actim casu only be subsequent remedial action at any time attributable to the Unite [ States, as comments a oder meMatogies mesmber 31,2002. .ij spedfied by Title X in direct proportion to the percentage, b[all tallings et the weight measund which may also beappropriate.. b D*Psitment of Energy would uses in short tons, o 2.ReimbursementProceef ha*n# tS e beans U PmPooed,,j,, gmengly, first consists of any.- (an remedial action would adopt all of the 5 8 as the re ursement to a liranmanned prior-remaining requirements concerning l ureamect 9 to the mpartment of Energs appmal., mmedal acdm.at the site contained in ' ( ratio, to determine a maxim of 4 P an submitted b i l reimbursement amre whichi subsequent remedis) y thatlionname fqr. addition the plan for s P edian as.. the' site's approved reclamation plan. In 3 y,gy8hench 8"= ,pem*Yh authoriand medlon 2001(b)(1'XH)(16f r6snedidaction would include a total i mah"" j 4 amunt for sects site wiu be based es'- theActk2. 229an(bM1)(BX11]L cost of remedfal action, broken down - b ascond the site's total sp med met.dM nimb phaseconsistsofaIL Into actual costa incurred and approved?. action multipli, by the Federal ta made subsequent ts - to date, and antidpated future costs, approval of,end in accordance withr Actual mets would include all those reimbursement ratio. As required by section 2001(bM1)of. ,g, g,,,,. mets for wh claim for the Act (42 U.S C.2296e(bM1)L b total (o)P One. Redabbreamsdt made-reimbursement had been neiewed, ~

• PPmed cost of remedial edim wiU be to a licensee in response to each claIsr ' opproved, and paid by the Departmast<

forcosts d " der-t==in d^" forreimbursement submitted in - Anticipated mets would includs b 1 daca= =l=*ua% morlamation, and one would be Hmitosto the esumated costs of work remaining to be other remediala@="as denned b appmM cost dremdial arth " completed as mquird by b site's 3 T section 1004(3) of the Act (42 U.S.C

• multipHM by b Pdem) reclamation plan or other applicable i i 2296e-3(3)).Such costa (nierred te reimbursemarit ratio un to $$.58 pas dry requironssata established by NRC or the ' (

throughout this propomd rule as:, short tan, as Mjustd for innation. b..; Agmemeest Stele. AU necessary 4 remedial action costs") must be for, supporting documentation would be-f: one sa.se per y sheit um eduas a. incorporated into the plan. A work performed which ie necessary to imamond sne r.em- _

-a m -dby comply with appucable UMTRCA, or

• =cuan toe MzxM et she mie =pra ny.

Actualcosts and antidpated costs. .J would be combined to determine the 3 a Agreement State, requirements.These "g" i,,,,og,,,,,,,,,,,,,e n,,,,%,,,,, n.,m,,u,3, total cost of remedial action at the site. f requirements are in a site's This total cost would be multiplied by y l reclamation plan, or er written eienum p. - *ar eaa emedissy, s. w-. the Federal reimbursement retio. b i euthomation conferred by NRC or an s at en eu se chartum imeandes du shanhe result of this equation would be the f Agreement State. Fmthermore, such-gy*c' + '"*" ban'* n ,,me. j,p sitehneximum reimbursement msa must b.eopported by,easooable l deCXHDentation and be approved by the -~o. se a - a asm4wtedbr % .5"- a t }

f 1. [ 7edeel Bah / Vat.~ se No 151/ heundayihupse'E W AEktes&Wie M, F. ~<: ammmmut 4 b gl g ym&ambmemammme=8 g g g g mummesEaB 6 would authesies metesemceed essemi estribstabas tobypsedent t mch - -= emeu.t me,iai,s e.ed.m m.deten ism. ndousen seinburnament sales to the Uniend steams. d p g,,,,,. Ted c'e,6fowa2m;a,,,*ied,o,,u,, h D*Petmed of he m med reimbursement of reunedial actico costs to M m 2et u d d es Hering Incurred in accordance with the plan for site may quaHfyas en actin ment. Caent Casp e Canon Cup hat sen, subsequent remedial action, r n.na orthorfma processin sita,as dsEned (Cenen Cav. 00) _ cats 2.2 incurved in acrerdance with such plan under section 2004 the Act (42 U.S.C Dann

Comm, would be eligible for reimbursament 2296e-3), and that persons license to Fonfhas (Foni, from the funds placmd in escrow until conduct activities which result or have WA) 1.171 3.1 such time es such funds have been resulted in the productice of redud M

expended,in amordan<= with the material at these sites may for provialame of Subpart D of this rule. In mimbursement. In edetim.the g ,~ gg g' 1 Pesesser eensa Cor. I particular, sue cases must be for work t has st=8===f a=ri that the seman,tmny approved by NRC or en Agr====at fo wing quantitles of uranium tallings nem ygissen, State, supported adequase generated as en lar telant of sales to ths. WY) 2A42 11.7 documentation, approved by the United States and total uraniaan tallings, Posseamous Canipeny, i Department. As in

one, were psesent at each site on (1rtal== 24 shmisy Bests nas reinsh= -

• m a licenses in 1992, the date of===< rin==r of the Aa.

88-(8*8'yseein-response to each claim for b data from which these quantities M a725 as g,,,, reimbursement submitted in phase two - are dadved wese first develo for the ,,,,, m g,,,, j j would be lindted to the total report =athlarl "f'a==ingt Uranham-ass ans, gheses, i cost of remedial action smhip by Tailings Study, Volume R: Technical pas) tomar 312 the Federal sensbur-mant retta. Fsport." (Department of Energy, June Tennessee wussy Au-Because of the uncereminet== involved 30,1982).These data wess reviewed, seulen Edganiard het in prediaiag the I=r*iint chcaum=*== and in some ta=am-updated,la en aan,w so) tJa5 2A which iney exist daring phase two, the October 1992 C.g i repedsatitled Urnmens hemel Cor-De mann of Enesgy may need to issue -t. - " Data Bees for 1992:U.S. peson, ureen m ad itionalP'" at sa a gp ess'nhme-ppropriet* in t uolandRadianctiveWeses(m.anos,ede Spent P n Cart ~~~~ mi t - i-re, s. d on, during h h "* h superts no a me, was B. EngrWe Ucenesor, Sites, and. availabhr frees abo Depar==me f Enugy Sasson, WY) 2.tos e9 e o Quarrtitles of Tamngr Freedens ofInfersmaties Banding Room Wesesen Nustser, bus., As discussed e N b* " N ,eamsis. mm,lsewiner,e la this ,,1. ei. n o.. D.t. - -,,_i=:' C-2. 3347 7-caensee 8 et active uranium er thorium talhess kne not hem r=mian-ad and sta: processing sites *Is eligibIs for thamin am at yet mailableimr g.,r.edoGeo Caspam. publir=8 tan. ton,Wed Odongs a such==-t-reimhammment amoest shsE Thostisen W 3Rs, not sumud ss se par dry start sea. or seer eselsq Queens (West Odenge.L) - M (9 esemblished by the,Depmement af as of idlet ,,,,,,,,em ein arre t%

• Dean estmes.tsesa ses ens. -

camminise eseing an imamium rehmhimaminsman, mutuplied try the dry abast ena st Fedmai-sensand FedurW-P ^ o Enessyintendsto Tchf make s anala a--h-*h-mesreas mm ei. annar 8"1 h" is duamed by asceam 1001 of the Act the total afidlings, and that as a passem "Baumasd under assess as er es of to Uconsealacove usenhse en lele se United W Atomic Energy Act of tete (43 U.&C,aset,2stit gggg he smy actbrusy...whih6 summies er he mem6est Presamt et each sies ennr nah-24.1982, in um psodeense et bypsodman =-i-=-i - m mm, c,. g,, prior to es any a"An active munhaus er thelun pe====deg eits" ' reemhnemmenana eM. is deemd by suntam 200sm af ear Act er - N 2.001 ~5A Claims fseem thans altes for which e East i.msi.:,:~'m.~::::: c;~::::.rm, A.a,. e,rcr d--= u-a med-m be mah-ad m ,e,,,, m.sm., e adividuau.m iwai h,r. r Reguiasury r===i=d= or ha, ' assacy me, QGewes, Nta) SAyr ' at utillasthe and -===8 1 under to Amamic Damgy Ass of tete, or by a Sune AAm Caspereden,4 tost o ese0cided with this " ^" M'"a's"s"i mus, '* " '* s"mesiamUmy has ans, Inesah, UT). E 988 i SOA ruls to entidt and evaluees urename,e-umn tase ess and otherinput an thens issues (1)wasla samat sa lennery 1. tera: (113 h with suddelbyprodmer front laterested parties. la particular, the 00 was issued or menswed ener lemmary 3.1tre, maserial Deputusset requests informeriae tresa or ' "Ouse assummeni ssalm"emmsanes imamind interested parties concem' total (114 tur which am appuosame for sumsmul er by a hcomens to posesus dammusemiassem. gg ggg - imumm puedens aus er aam Isammy 3,iere: -i-s - ens arten samedent < taillap M wuS psesent et M asas and acean, esist ase amommary suchasssen, (1) Any eser ami psopany erimpuerunant es, and asemppured by im CEL Osseber 34. Essa;psegacamd sack semi property that is deemrmalmed by the accanimmas sueh he sequisumanes af Suhysicd', schedules for M,ggal med aspeammest br

• She a punmemed his ruim

,g endar unessm are en Anunse an=sr Aas at18ea snetummes enemised hun thisampse ad WhmW m ofsumedul (<* UAc as:4 to be wem amammend messe tems to sbart temstus - S (Q imIbs v6cialqy ed susis siamL and the pupanis of his mala, SCtiMI M M le das.amudte be e .j N 1 F i

y==-r g \\ t, i 97 4058 c 2dese& Registhr./ ifcL sat MeutstJMmedsyMessoess61seeNeyundt RuthWy i locnersed, jet widch r=M i_ _ r assy estahllahed by a St.4e acting pursuant to 1001(bX1)(BMil)of the Aa(43 be et='= m r m- -- ^ solicits this the tenne of a diare stinnonce agrooment 22eee(bMtXBMil)),SwQ" H9 Infonnation forbuh and other entered with NRCunder section 274 of l ' ' = - planning purposes. In addition, because the Atomic Energy Ad of1954.e r=rla== tion,and other:=== dial actican there are an estimated 58.11 milhon dry Work that is m ri to comply with Any such plan Sw M -2. -Y short tons of Federal-related tallinge, the UMTRCA orapplicable Agreement actice approved by the Iiepartment wfE. ste 3270 million statutory ceiling State requirements, is work identlSed in adopt the remainingrequirements-not support the maximum a site's approved reclamation plan or a contained in the site e r=ela==8h plan-allowable reimbursement of $5.50 per limase provialan oris otherwise approved by NRC or en Agrosament a j dry short ton, es estabushed b if runedial action costs at all,y the Ad,required by NRC or an Agreement State State.Costsincurredbylic - 2 in 4 or certain consistant with IMntCA which results performing such at ut remedial 1 combinations, of the ehgible processing in irreversible remediation as a part of action, and approved by the js sites reach or npproach this per ton limit a Baalclosure plan. Accordingly,this De ent, are reimburseble fresu ,I (i.e.,55.50 per dry short ton multiplied proposed rule provides for in esmow,in ecoordanos 4 j ! by 56.11 million dry short tons equals reimbursement on for work requimd with provisions ofSub Dof thleq, opproximately $309 million). As such. by such approved Ian orlicense rule.Once all reenedial ons have - ei 6 Department may need to estahlf ah a provision, or work required been completed under UMTRCA, the. < 1 j limit below the $5.50 per dry short ton by NRC or Agreement State consistant Department intends to leeue a Federal

• e '

ceiling, established by the Act, on the with UM'ntCA, and conducted in Register notice enn a mavimum amount of reimbursement emordanm with the terms of such plea, termination date beyond ch claims *. potentially evallable to each liconese to license, or authorisation. S!nos NRC, or for reimbursement will no longer be ensure the equitable distribution of. the applicable Agreement State,is accepted. available funds. The Department will sible for ensuring that remedial utillas data submitted in response to on is conducted in acx:ordance with D.@odidar DetMndor this proposed rule to evaluate the ned Sectico 1001(bX2)(D)of the Act [42 such requirements, this proposed rule is U.S.C. 2296a(b)(2)(D)] requires certain for such a preliminary limit. linked closely with the existing The Department of' Energy intends to promeses by which NRC or the speciSed amounts to be incrossed mais a determination as to the amount Agreement State monitor each site. annually beaed upon an inBation indes of tailings present et each active site First, the rule would refuire selected by the D based on the best svallable data.b limnwes to each cost of remedial One purpon of u,epartment of Energy ns previolon is to Department will solicit and review data action for which reimbursement is enabh each of the three collings on from iban and otherinterested partf as in order to identify and obtain claimed to a speciBc element or activity reiseburoessent imposed by the Ad to contained in an approved :=rtamattan ;. maintain their present day values. such data. In this regard, the plan, or oeer NRC/Agrenssent State Acmedingly.in order to prevent an) Department intends to work authorizatiam This williacilitate the. InBadonary erosion of the fads est } cooperatively with each licenses to seech a determla=%c on the total ' t of Energy's review of claims aside forreimbursement, Cangrees wiH IWp to ensure that . authorimod the Department to adjust the > quantity of tailings and Federal-related foHowingasnmatsde 88.50 perdry I_ tallings that reDects the most acx: urate' reimbursement la cialmed only for those ' abod ton eening estabHa costs incurred in perfenning work that r and current information available, was neonesary to comply with UMUCA 1001(bM2)(A) of the Ad limiting The Department of willnotify the public ofits determh one or Agreernent State requirements.. reimbursement to individual uranium.. Samad beforeop a claim for site 11======; the 3270 unillim regarding quantitim of eamnets pruant reimbursement,the t of

==*=Wahad biy ad= 1001(bH2XM J at each site when the Baalruk is En lhn! totalagpegatereis---ment >. @Ewould request NRCorthe published, unless the Department is. ta State to review - to uma site licensees; and the $40 unable to conclude its evaluation of claim provide written mim= established by'section relevant data in time for such publication. In such event, th* concurrena es to those elements of 1001(bX2XC) limiting total i =ha-r to the eligible thoriurc d remedial acdon, for whleh, Department will notify by mail each reimbursement le claimed, that have - - Procenainssitelimn=== eligible licenne, and all parties that submitted comments concerning a . been cxmduded in comp 1ance with the m Department d hergy has 1 Particular sits, ofits determinatim requirements of the sik a seriamadan determined that the appropriate regarding such alte. Any dispute plan, or other authority, opproved or inDadon ladar for this pu a the required by NRCor the Agreement ""****'P**** concerning a determination by the h die esta e W:"De;$" ten""'Prl""E"i" [h,,m, igg State. Such momrream by NRC or the ' SC"ed'2"w""dd be t Tui subject to the appeals rocedures wock for which reimbursement is ' speciBed in i 765.22 this psyu., c1 1,q,,, n n ,y to comply with. Enrich==ne D mteminedon and W rule. h en W d W PundT -~. UMTRCA, or Agreement State, estabushed und@er secdon 18 5 C. Verificotton ofAdequocy of 71emediep repirements. s Action rinally.the Department of Energy Atamte Energy Act of 1954, from which d a t u k Hranaaan will be drewa, ps if be edjusted foM "" O' '"" a Section 2004(3) of the Act (42 U.S.C. Stak 225ee-3(3)) requires that remedial ,,P be a y Ian by tho~, inflation using the Q'I.U. Second, the * - action costs for which reimbursemat is claimed must be for ** work..., , Department,pursmucdm~ ""Y "I'"I 'I'*Il**"' d by t to UMTRCA is also

• necessary to mmply with all applicable requbements"ofIMIRCA or6 where "e en.si.e.tca wo,w M andInima adjust forinBation using the CPI-U.hj

.. be =n w inhumeano.W =ew order to fecihtate a consistent and 4> appsopriate,withrequirernects ; rec a.r.r.s.,w i b= ia e. Ap netsee uniforse rate ofeemletim bewan the 3

g Itf U Pedered Ragletet FV6L 38; No: 151V Mhaday, AustasP9rt96PPNpo'edNtands" ML r 14.1 1 ~ Fund and that part on of the Fund to be As previously di-M the *

• Inhtianin the event endt amount' e' d!

used forreimburewaents, as well as Department of Energy pmposes to - authorised by section 2003 exceeds the c develop conshtency between the determine a maximum reimbursement-total amount reimburemble to uranium reimbursement program and NRC's amount to which each limosee may be site licensees, the Department would surety requirements, the Department eUgible based on five requirements. then determine if the per dry short ton 1 proposes that the CPI-U is the First, reimbursement must be for costs costs of remedial action at any active sppropriate inflation index to be used in necessary to comply with UMTRCA or uranium pmfng site have exceeded the reimbursement program established applicable Agreement State 55.50. At any such site. the Department by Title X of the Act (subject to requinments. Second, reimbursement may approve en incesse in the alternative suggestions remived during must be for costs of remedial action mMmum reimbursement amount to the comment process). " attributable to" Federal-related reflect. in whole or in part, the amount ne amount of 35.50, and any byproduct material. hird, by which the per dry short ton remedial unspent portion of the 3270 million reimbursernent may only be made for action cost exceeded 35.50. In the event authorized for payment of uranium such costs that are supported by additional costs approved for i licensees and $40 million authorized for reasonable documentation conllrming reimbursement by the Department payment of the thorium site Ucenses, that the costs won necessary to comply awaaded the amount of funds available will be adjusted annually, beginning on with applicable requirements. Fourth, a for such reimbursement, the Department April 1,1994 and every April 1 licensee's maximum reimbursement will provide reimbursement on a thereafter, until such time as each amount cannot exceed the lesser of. Pmrated basis. Each eligible licensee's eligible limnses has been reimbursed either the licensee's total appmved costs pmrated share would be determined in for the full amount determined by the of remedial action multiplied by the the following manner. Total excess Department of Energy to be owed to Ucensee's Federal reimbursement ratio funds available will be divided by the such limnsee. The adjustment will be or 35.50, as adjusted for inflation, or total number of tons of Federal-related based on the stio of the final CPI U for other per ton ceiling established by the tallin resent at altes where costs of December ofthe year in question to the Department as necessary, multiplied by rem ' action exceeded 35.50 per dry CPI U for October 1992. In addition, b dry short tons of Federal related short ton, as adjusted for inflation. The years wi paid to a licensee in previous tailings present at the site on' October resulting number would be the amounts u be adjusted annually to 24.1992. Fifth, maximum maximum cost per ton, over 35.50, that determine a cumulative cost per ton nimbursement may be subject to may be reimbursed. Total j ratio m current year dollars. This adjustment on a prorated basis to assure reimbursement for each licensee that cumulative cost per ton ratio will be that the aggregate nimbursement to all had incurred approved costs of remedial compared with the current year cost per uranium bcensees does not exceed 3270 action in excess of 35.50 per dry short ton colling, derived by adjusting for million, as adjusted for inDation. The ton would be the product of such exuss inflation the 35.50_per dry short ton maximum nimbursement amount will c st per ton multiplied by the number statutory miling.The Department of be the sum of all costs sati 8these of dry short tons of Federal-related Energy pro under section 765.12 that the in ex used for these Sve requirements, which al er han tailings at the site or the actual costs adjustments will be b annual CPI-U been incurred by the licensee and incurred and approved by the br De eat, whlchever is less. establish the Department oflabor

• P{mvM by b De use of the uncertainties involved ent, or ha be approvd for the p g calendar year.

by the Department in a plan for in prededng We facual circurnstances E. AdditionalBeimbursement at Active subsequent remedial actica to be ch may ex st at nch Urne, We In addition, the Department may plan.-gj'" %",*I, ",' g, Uranium Processing Sites incurred in accordance with such p Section 1001(b)(2)(E) of the Act [42 U.S.C 2296a(b)(2XE)] requires the approve an increaso in the maximuna. time to govern any reimbursement of s ch adddonalcosta. Department of Energy to determine, as reimbursement amount establishki for of July 31,2005, whether or not excess any actin uranium site to reGe4 F. Raimbursement of Costs of the Active funds are available to reimburse approved remedial action mats incurred Thorium Pmcessing Site 4 i licensees whose eligible msts exced in excess of estimated costs contained in IMs pmpoed rule renects b F the statutory ceiling on reimbursement the original maximum reimbursement differenrae and similarities established for individual uranium site licensees of amount.The Department would by the Act between reimbursement of 35.50 per dry short ton of byprodud determine an averrge per ton met of - remedial action costs at active uranium material generated as an incident of remedial action at each site by dividing altes versus such raimbursement at the sales to the United States. Specifically, the site's maximum reimbunement active thoriumyrocessing site >e the Department is reguired to determine amount by the numbar of dry short tons Two major einerences apply to whether the $270 mimon to be of Federal-related tailings. At any. reimbursement of remedial action costs appmpristed for reimbursement of unnium proceasing site where such 1 incurred at the active thodum site. First, uranium site licensees exceeds b estimated per dry snort ton cost of section 2001(bX2XA) of the Act [42 amount reimbursable to the licenseos" remedial action exceeds $5.50,the: U.S.C 2296a(b)(2)(A)) excludes when considering the $5.50 per dry marimum amount for which the-reimbursement ofcosts at the active shoit too miling on reimbursement. In licensee may be eligible for thorium site fmm b $5.50 per dry the event the Department determines reimbunement would be limited short ton ceiling, which is applicable that axmse funds exist, the Department initially to $5.50 per dry short ton. onigto nimbunement at active is authorized but not required, to As of July 3142005,the Department of provide reimbursement in exceae of Energy would determine if the total of - mm Deperment antaan is em of ods on. $5.50 per dry short ton to any uranium all maximum reimbunement amoun,ts is seena-am we dsawes at en :m site licenses whose approved costs of less than the amount authorized to be ' wYea",,,21ssetIwu sIand E.dIer. nmedial action exceed $5.50 per dry appmpriated by section 1003 of the Act ,,,w,c % gu g,u ,dt,r,.re e short ton of Federabrelated taillhgs. (42 U.S.C. 2296e-2), as ad}usted for - w ce. carporanam.

\\ 6 MW / Wel. 54, No.1514 %-W e,'m f W i. ) w==6== =aag heemed ete per tem decantaminations6n.--1. anal g. - Usiendataleewedtheastis,af' adMeg,4he Act establishes a see sainine seclamation, er other r===daal assen;,c telhagetotend toulaggremen6 adites, edjusted br iamah on the which are sup de>=-d*'" ported by adequate site amoneeber as, sana, total sehebursement to be paid to the Second, section 1001(bM2XQ of the Act to Federal-related bypmduct material. as b consummer priosinden far au and determined by ths lir=== of the adfwe thorium site. Department of Energy in be attdbutable hetena"laBetionindet. is provida that ref ='*---t of the Costs of daeania=ta-tion. urban ra======= (CP5-U) as establiaQ thorium alte limnaes may only be made decornmissioning, r=clamatton, and by the hb a dI. abor. for costs incurred for offsite disposal. othar remedid action must be for work De teria " plan for subsequent In all other signmeant respects. that is necessary to comply with the remedial action"is defined as a plan bowever,mimbursement paad to the requirements of UMTRCA, or with approved by b Departant of Energy, thorium site lican-would be governed applicable requirements --'-h"*H bywhich incorporates an estimated total I by the same requirements applicable to payments made to uranium sita an Agreement State.Moreover.except as cost for r==adial action and all l hcensees. For axample, costa incurred at provided by $ 785.32, reimburesmant of apphcable requ the thorium site must be for work that a uranium site fir =n=== shau be 11mited action to be performed aAer December 31,2002, et en active uranium or is nacau=>y to comply with appHeahh to 55.50, as adjusted for inGation, pm dry short tan of Federal-related tallings. thortuen processing site. 1 requirements of the 1* ing egency. The total reimbursement paid to all to clari F .V that such alam plan **is d% which is currently the State of1111nois, uranium !!ranamaa shall not exceed 3270 the opp which outhaes requirem'nts nar==ma y an Agreement State. Costs must be million.as adjusted for Inhrron. e attributable to Federal r=tatad byproduct Reimbursement of the thorium site to ocamply witis UMTECA or applicable { material. Such costs would beve to be licensee shall not exceed $40 mHilon, as have been a Apeement Stees unrements, must i incurred no later thann. cam W 31 adjusted forinflation. 2002, or in accordance with a plan for Agreement saman - by NRCor the 1 ruhaaquant n==dral actinn approved by A Sectios mJ Definitime 1 B. Subpart B--. Reimbursement Criteria the Department of Energy. Section 765.3 dennes the "" Accordingly, the licanoes of the and key terms referenced in this & J. Ma= 75K.Ja NWfor-therium site would be subject to the proposed rule. Many of the de6nitions ~ o-i claim procedures ee+=hNh A by Subpart contained in i 785.3 are taken verbatim, Section 785.10 outlines the basic i Cof this rula.h tir=n w gency or with minor changes from the Ad. eligibility requirements governing ~a must ennent that work for hich UMT1tCA, or the AtomicEnergy Act of reimbursement. In particular, se r=f=h"-' is claimed was 1954. Additional de5nittees were r* quired by ow.tlon 2001 of the Act (42 necaseary to comply with applicshh developed speciscally for thisruin U.S.C. 229es). $ 763.10 speci5es that requiremente. Work performed aAer The terra claim for rel=n rr persons IIn=n=d under section 82 or December 31.2002, must be la is denned as the submiselos of am section si of the Atomic Energy Act of accordance with a plan appmved by the applicatim forrelmkreemeist he - 1954 (42 IM.C. 2091.2111) shau be Department of Energy for sabesqueog accxprdance with the i.,M. elig!ble for reimbursement of certain remedial metian AU work for which established la Subpart Cof thle rela - costs of remedial actico determined by rehabur====at is chimat must be for ne term " costs et seemediet act6en"le the E =-_-- " of Energy to be i oHate shapoed. Io addIda= 'tannad to that sud cases esent attribu' table to byprodud material reimbureable costs wou[d be limited to be incurred for ar-rs==Imadam, generated as an incident of sales to the the total approved coene usukiplied by decommission 1og, :=ch-meten, or other Undsed States.Sech reimburessment is b Federd rebnbur=====a ratio

==== dial acsloe whla le -. - __- utablished Ier b site untG totsj comply with the F-f - - x-te of, es> sub)ect to furtherprocedures and limien* Anne speci6ed in this rule. reimbursement equals the alia's UMTRCA oren AyeeseeneSante,and. maximum reimbursoment amount or amet be substantieted by - A Section 75532 Meimbarreable Caser _ _ -a $40 minion adjusted forinnation, in samlance whb thsc _' 4 af 9acetan 7sgJ1 daRaes the parematwo whichameris less. Subpert C of this rule. Sede coste seer within wh&ch costs mast fall m order to III.Secalon-By Section Analyste lachide, but are not Bmhed te, be==1=1===bla ha order to be g M runediation,traer===e f r"' "-1 costs of r=madial acth o A.Subpert A -General contamiested son, dispoes) of - Incurred by alicemens must to-

2. Secen 765.1 and 755J Ptripoor, wastes, rurneen! actions, air usam nacassary to comply with applicable Smpe, and AppW

,n,d1== mill and equipment requiresnents of UM11tCA of1978 (42 deconneleoloning, site monitoring, U.S.C. 7901 et seq.) or, where Section 765.1 speci5es that the edalaistraties expenses diredly reisted

-# withrequirements p

of this ruleis to to remedial action, and other coste im. estabilshed 'hy a State that is a party to lish nres and re governing the reindarr=====quir===a** ectivities r- _, to manply with h a dianonst== anna agreeme st under 8 of remedial action coste authoriand requirements of UMTRCA erappacable "'+= 274 af the Ata=nte Energy Ad of Title X of the Act.%e =ct(na requironnects established by an 1964(42 U.SC 2021)(i.e. an Agreement State. Agressenet StateL Such re that the proposed rule is prormulgated se The term " dry abort ton of bypendect ans these canami===I la a r=quirements ciamarian required by section 1002 of b Act(42 material"is de6aed as the e=ihaea l P an, er other written authorization. U.Sc 2296e-11 generated Arces the extraction and appassed by NRC or an Agreement State Section 785.2 describes the general y= ';of 2,000 pounds of urenham se = " ;,to theirrevernable scope and applic.hlluy of the proposed rule. la perthier, the anrelan proeides orthorium are. bearing recir. -.- C=&==,and Analclosure, of the As prewtausly diarn==ad, the t===a she.n.a =h sehlacastemustbe that redenburosament shall be usada to a

• Tihieted tailings"and " Federal ine=ned prior ton =r==6 31, 2002, or licenses of an active uranima or

=d=k=encnent untio" are darm.d as the bein acomedaeoswithgefor thorium processing site for costaaf taillage estributahle to sales to the

= +, __: seemedial approved by

- a.~ 9 E Federal Register / Vol.' 587 Noi 151 / Monde % August 9,1993 UMs, JRhEs. etWihu e ~ the Department ofEnergy. Claims for Each claim for mhnbursement of ' to submit claims reasonably'acemeer 4 1 reimbursement must be supported by remedial action costs must be supported a site review, and reduce delays has reasonable docomentation as by adequate documentation.Such - pwcw,Mg claims that would occur if all-

2 determined by the Department. In documentation should be submitted in claims were submitted before a single, addition, costs of remedial action are the same shipment, except for annual dead!!ne, the rule reimbursable only if they an additional information requested by the provides for semi-ann submittal of attributable to Federal-related byproduct Department of Energy.

rialma material present at the site as of October Paragraph (c) of i 785.20 speciBee the 24,1992. content and format with which

2. Section 765J2 Processing <

Section 765.11 hmits the amount of reimbursement claims must comply.i Reimbursement Requests reimbunement paid to any one licensee in Particular, a copy of the licensee's Section 765.21 outlines the of an active uranium mill tallings site to approved reclamation plan, or other pmcodums to be followed by the an amount not to exceed $5.50 written authorization from NRC or an Department of Energy in processing multiplied by the dry short tons of Agreement State, must be submitted esca claim for reimEursement. Federal-related tailings. Total with the initial claim. Revisions to such Section 765.21 (a) thmugh (e) P an or authorization must be submitted Pmvides that the Department of Energy l reimbunement,in the a te,of uranium site licensees is tad to $270 with the next clainipapared following will conduct a preliminary review of milli""' Reimburse **"t of"*edial approval of such revision. All cacts for each claim within 60 days of the claim action costs at the eligible thorium which mimbursement is claimed, and submittal daartlina to determine if all { ge {y y be made for all su{ porting documentation, must be noossaary M=antation has bosn g ,,g,, sd and cross-referenced to such submitted. The Department may contact attributable to Federal-rel 8Ppmvod plan or other authorization. the applicant at any time during (his material, and is limited to $40 &roduct All costs for which reimbursement is review to request additional information 1 on. claimed must be supported by or receive any clariBcation necessary to

3. Section 765.22 Inflotion Inder documentation that demonstrates that continue the review.The Department i

Adjustment Procedures each cost for which reimbunement is may formally request the applicant in no Act directs the Department of claimed was incurred for a specific writing to supply additional Energy to determine an appropriate activity required b NRC or an documentation or clarification as inflation index by which to incmass A6reement State, t e time period in necessary to enable the Department te which the cost wu incurred, and the complete its evaluation of the claim.13 annually (1) the 55.50 per dry short ton ceiling on individual reimbunement, (2) portion of such cost attributable to addition, the Department may request any remainin amount of the 3270 remedial action. Copies ofinvoicea, an informal rimfamoce with the 4 million avalla le in the aggregate for paymil records, receipts, and other applicant and, if necessary, NRC or an reimbursement of eligible uranium site documents should be provide >d by the Agreement State, to obtain information licensee to support claims for or clari8 cation concerning any aspect of licensees, and (3) any mmminIng amount reunbursement.The Department of a claim. While the applicant is not of the $40 million available for reimbursement of the thorium site Energy stmngly urges hcansees to required to provide edditional pmvide documents that were prepared information or clariBcation requested by licenses. As ducussed in section II(D) contemporaneous to the time the cost the Department,a failure to do so may of this preamble,the Department is which they support was incurred. msult in the denial of that portion of the Proposing the CPI-U as the appmpriate Documents prepared substantially after claim for which information is inDation index for these adjustments, the cxast was incurred will be considered requested. Section 765.12 cJ the proposed rule by the Department in reviewing claim. De Department of Energy will provides that the CPI-U will be used to ifsuch documents are the only means conduct a Bnal review of the claim. after adjust these amounts annually on April available for the licensee to provide receiving any additionalininnation 1 beginning on April 1,1994, to account ad documentation to support requested and prior to making a for inflation that occuned in the re ment of the cost.He nimbur=amant decision. The Previous calendar year. Department will evaluate all ' Department will notify the claimant of C. Subpart C-Procedures for Filing ' documentation rubmitted in support of its decision regarding a claim within 10 and Processing Raimborsement a claim for reimbursement on a case-by. da s ofcompleting the Anal review. Raquests case basis and will examise its on 765.21(I) and (g) discuss the discretion in determining the weight to - timing for par==4g for payment Subpart C establishes the procedures accord to various supporting reimbursement requests. for preparing and processing documents. Raimbursements willbe made on a reimbursementclaims These Since NRC or an Agmement State prorated basis if there are insufficient procedures are designed to ensure that must cartify that remedial action for funds available to reimbures all claims allinformation the Department of which nimbursement is claimed is in full. Amounts not initially disbursed Energy needs to review a claim is appropriate to comply with applicable will be paid on a prorated basia, until pmvided, thtt claims are evaluated on requirements, the Department of Energy ' satisfied in full,as funds bncome a consistent basis, and that claims are anticipates that each licansoe will available. Funds will be provided from promased ir an efBcient and equitable usually submit claims following a site the UraniumEnrt.:hment manner. review by NRC or the Agreement State. Lhe*==In= tion and DacammWoning 2.Section 765.20 Reimbursement Nevertheless. in order to allow 11-2 Pund, as required by the Act. Payment Request Filing Pmcedines or obligation of funds shall be sub}ect to and esounas a med.ea.n intends a prepam tha requiram==t= of the Anti-DeSciency ,, g,r,,. et r.nar Section 765.20 of the p - rule establishe.the alin8 Prood"that

• g*%%*,,,,'d d soras s d*w a Ar.iss HM by i765.21(g) of this w

rule. F sesh annual [ must be followed by an applicant when uma mine.d. in ed upon arperuma pened i, appropriation Congress,the submitting a clala for retmbursement. e--ing it reuntm.mant procesa. Department of Energy wtilissue a ~ e (

< ~ ~ 43005 Federal Engister / ToL 54,.Nav 151 LMandsprAugust 9. 2004 / Rumpened Mar i Fodsen1Eag6 ster notice inferating - the public - " * ;peelemet-licaneses of the ev=11ahility of feeds for informath freen the pucedingyear[ comemined he the site's appened '%

=rh= ash plan.In the event the h=====n and whether the regarding the retsabureement presenen.

Department a plan, h licenses, Department==% - - that a Such infor==th may include,but not may subsalt onal plane for reviser claims for that year smay be . set to be limited to, individual and te by the Department, until such a plan le i pmrated payment. This Fedeen L Regie4sr reimbursement claims op and approved, er until Deosmber St. 2002, notice will also serve as the paid, approval of plans for subsequent whichever ocurs Erst. A failure bya Department's officialinvitation for remedial actim.mmpletion of ihn==, to receive approval from h eligible 11mnsees to submit their claims particular elements of remedial action at Department of a plan for sub for reimbunement by the dates active sitas, total a:surunta paid and resnedial netirm prior to 31 rpeciSed in the notice. It is the remaining for reimbursement, and other 2002, will preclude that licensee fmm Department's intent to request initial information. Licensees abould be aware remi any reimbursement for costa claims on or before Febmary 1.1994, that any information.n6ne A is a in after that data,untaan and until and beginning in 1995, request claims claim for relmbureenwat may be subject such time as the licansee obtains a on a semi-annual basis on or before to public diar 6%thmu6 theannual approval from the Department of such a h February 1 or August 1 of each year. report as well as by specific request. in Plan. i

3. Section 765.22 Appeals Pmcedures

&*"'" with the Freedan of L Seton 76522 Placement ofFunds fpp scmwforSubasquant Remedial l1 ^'* Section 765.22 authartees a 11<=n=== ,,q to utilise the =arahlinhani Department of on t dispute resolution process to D. Subpart D4dN-t Section 783.31 establishes gm.he }' ap d=H=sans that deny,in whole or Raimbur-nant Procedures for reimbursement of muts incurred in j in part, any claim for reimburosawnt. no initial decision of the Department. 2.Secten 785Jo Refmbursementof =aba, with an approved plan (s) for ' beconnes finalif the decision la not CostsIncurredin Accordup With a subsequent remedial action. U ea approval of the first plan by the appealed to the Department's Office of PlanforSuboeguent RemediolAction P Department of , the Department Hearings and Appeals (OHA) within 45 As Aar"==d mas fuUy in sedan will authorise to be laced into an days. In the event of an appeal, the OHA U(E) of this preambla, $ 765.30 of escrow account.esta lished and dacision is the Department's final Subpart D establishes provisions adminiseared by b United States decision. Appeals of the Department's goveming reimbursement ofcosts Treasury Departnwatin accordance - final determination agarding quantities incurred in accordance with a plag for with requhements specified by the of Federal-related and total tailings subsequent remedial action approved by Departusent of Energy, funds sufficierra present at a site, and its Federal the Department ofEnergy. to reimbures b licensee for costs of rei=b"-t ratio, would also be Rehabursement ofcosts inaned aRar remedial action subsequently incurred subject to this prooses. Appeals are to be December 31,2002, shan be to and spyroved by the Department of filed with the Departnwnt's OHA. OHA 6 subr' salon of such a plan the Energy. Funds will be added to the is a quasi-judicial body that reports 3. licenses and approval of the p by the secrow account upon Department of 4 the Secretary of Energy and, except as Department.Lir==== seeking Enwgy of any subesquent otherwise provided by lawJe reimbursement ofcosts ofremedial pleas by otherliansees. 1 responarble for madar'* inkanal action incurred afier nar==har 21,2002, Plaramast of funds in such escrow adjudicative proce= dings of the shall submit in the Department jar account will be subjed to the Department, where bre is provision for review and approvalsuch a plan atany availab0ity of funds from the Uranlun, separation of function. In connection time between January 1,2000,and Enriduneet Decantaminstion and I with these duties OHA hrMa hearings, December 31,2001. A plan must Decomemissioning Fund established recenes evidence, develops a remed, addreas aH app 11rahla s=q=l===da . puseuent to esdon 1801 of 6 Atomic and issume a final determia=% which femalainy to be marW which am Energy Act o(1954, and the is subject to review in the Federal containoa in a rocl===ti= plan for the is of the Anti-Deficiency Ao courts. site approved by NRC or an Agresnaant inemned la acmedance with the Appeals will be governed by the State. In addition, a plan for saheequent requiresnanta of a plan for subsequent dispute resolution precedures of OHA

=adtal artim must provide a total remedialaction.and approved by the set farth in 10 CFR Part 205, Subpart 1L estimated cost af remedialaction.

Department of Energy, will be Subpart H descnbos who may file an broken down into costa already incurred reimbursed in an amount equal to the appeal, the form and content of the by the licensee and approved by the oppso,od cost multiplied by h site's appeal, and the dispute evaluation and Department, and prof' eted costs to be Federal reimburemment ratio, until such resolution procsdurea.no p.ey incurred to satisfy su remaining time as the t determines its rule would require a cimimant to file su requirements of the site's appmvod e" f = un 'ntle X to rwimburse appeal because the Department believes reclamation plan. Each licensee would the limeses has been entisfied or that = Amini =evative remedies should be be required to provide adequate remedial action has been completed at exhausted bekna a claimant could file a doaumentation or other information to the site. - petition for review in a Federal Court. supportits marimata of costs to be Es policy would pavent unr-ammary incarnd. 3, g,c,j,,7,3.32 Rennbursement of litigation. A darinion of OHA The Department of Energy sney Excess Mmds -wany such appeal abaH be approve a reject any plan submitted by As dI=en==d in section HIEl of this canadad a anal agency adian for a licensee. At any time following preamble, the Act authorisco h purposes of Jnh-lal review. suhmittal of a plan, b Departmaust may Department of Energy to deter r,ne. as request additional information frame time ofInly 31,2eos, whether ttw amount

4. Section 765.23 AnnunfReport licensee, and may consult with NRC or authoriandIerreimbursenwns tn endan no Depratment of Energy will an Agreement State mncaming 200Sof the Ad(42 U.S.C. Ime.U prepare am samual report, avadehne to rema1nIng rem =Aal action r=+

- exneeds the -a* othereise ~

3 Baderud Eagletar1 VmL 38, hieh 151/ Manday, Augustdig tags / aanposed &stam m3 L mimbursable to tionamnen, as &='and by speak as tiene pommas. Weaam esqueses wal sempendis anyOhG erpahlec. [ the 315eperdry damst too shouldbeMaad othe Depestment. commenta amr=rning b pumpesed t -- La-asmut ceiling an - site aflicialidenned kithe "h" information collection requinments. licensees. In the snent arry usemsen site section of this pesanMs.

ygg, g

e c ss of15 dhshn5t V. Envww Under Executive Order EnvirasmemaalPalicyAd 122M the Depart:naest dsteamned that The Department cdEnergy has exces funda exist as of July 31. 2005 Under Executive Order 12291, determined that this proposed rule is the Departament is authorized to previde agencies are required to detarmine covered under the Categorical LJ. J x. reimbursement of such costs to abe whether rutas era major rules as damn =A found at paragraph A.6 of appendix A exteos fnzds are available in the order. The Department afEnmary to subpart D of to CFR part 122,which Section 7%.12 outhnes to. has reviewed this pmnnaad rule andEas applies to : N1% -i of procedures that will genm sach datennined that itis not a major rule rulemakings. Accordingly,=psooedual =hr an edditional reimbursemen. In es event becausa:implementicg this rule wiIl not environmaatal anaessmaat ner na fmtbr clanScatian of thans precedusas have an annual affed of $100 mnnnn or environmentalimpact statamentis' becomes necessary, the Depart = ant of more un the accnnmy; willnotinsult ka required. Energy wdl issas apprapnate gurdance a majorlacreasein costs orprices to M g %%% IV. Opportunity for Public Comment (s[ata, rlocalgo 12612 m nt istarested persons are inv4ed to agencies, or geographic regions; and wit! 'Ihis psopeeedrule dose not beve e participetein this rulemaW by nothan signincant adverse e!! acts on substantful dired ebet en the tiptstas. P submitting infonnation spxnons, or com on, employmant.invastmang the reisthessimip between the Setes and arguasesis wnh respect to the peeposed p uctivny, innovation, or the abiDty the Federal Government, oribe regulations est farth in this nonos. of United States-based enterprisesto disrumtion ofpower and Comments should be andwaisted se de compate with foreign 4ased ent ses, msponsibilities emang vartens levels of addsess indacated is the " Addresses" Priorto publication,the propo . rule government. No federalism rssessment section elthis notics and sheeld be was submitted to the Directorofb under hme-a rbrhe 12sL12 is identined as the entside af the enmalepe Omco ofManagement and Budge required. and on decannects enheitted to the pursuant toIxecutive Order n291. 'Its X. Review Under1.zecutive Order - Department with the designe1 ion Director has concluded his review and 12773 "C-a aan the TMe X Prepneed concurnsd with the Department's Rads."Two ospies should be # M determination that thisis not a majur. Sectama 2 eMe=msroe Orelar 127F5 if possibia. A&i r== =ms racernd by rule. instruds ses agency m$ed to the date t-Mr=ted in the "Detes" season Exeoenve Ovdes tz2M to odhove to will be considered by the hp==> man, R Esaw Usuier the Egmiatory regata sequisesments in psaca utgetsug r before fnnal acties is tak== en the Flas d= lay act new regulations and reviewing ansting proposed ruin. Ease omanusets odfl be This regulations.Theserequirements set under t$a..q miide wee ab.' m considered to the artent practacable. hry Flexibihty hot.5 forth in sections 2(a)und Minehrde Any pennan mesmitting indarrn=hn= est U.5C sel et seg. N bguletory eliminating drdting errons and misednase he nr mW beinrires to be onexfidacied and Fledbety Act requirse that s vegdetery amMguityda Ming es ragu1=Hans io exempt by inw frora pnbi=- disclasmans flexibihty1mdpis be for eu minIndse11tigaSon. dding clearand oortain Wal-+-ad=p= Jarafledad should sehmut mee oseydete copy of the rules that are liketyte "signmcant dommant med three cornes. If impod en e substentiebrumber efieseg conduct.andpmmoting imnthtlan from which theinfarutatson be ed to entitles." This regulation involves and bnadan ' A"Maa Agencies arm also be cc=Maer=1 has been delesed. N .l...',_ ...a.t for oeste d mneding instrudedie adaemy maannahie Depeetment willseeks its ceca action et nothe arenives and teeiuca, effen.tonna =e aat tha zagular.ina deterimanatxna with engard asthe proceedi g ohes.m newAserof clearlyJpecifies any prive affact. con &dantaal =a=*ns ef ebe i=f=nna+w= potentieHy obgible spyliosats is very efred na axisting law at and trust it socmhag toits limited. Because this ecgaldios regulaSon. asia estroactire affect determinatumn. provides for reimbursemesotdfang, dancrihan diny =A minhnya In addstisa.ee DeparamaM elEner3F suasortmed byTatie X dtihe Act.st desa Froamedings tobe availala priar to has schedviad a putdic hearingat Aho nNyose anydeene eba onto ju dicial redaw and any previsions Inr Hotidey kx4everlatemational prkene esmereconosuy erermanechs, the exhaustion of such administrative Airport,15500 East 40th Avenus-and in lect raay prosee a taurre6t to Proceedings med defmes key esamt N Denver, fMweda 602391303/371-small entities located near actke De of Energy mtines tha 94941, beginning et 9.30 a.sa.es pmoessang ahma. W fR- ^d t y'aproposal samens b aespirwr.assa September 14.1992. Thase &ndresdaals Energy.thsedere,cartade em this of sections asad and Gd of F=andue whs wish ao present eralcomannhaat regddlan wM eet ImusawpiWicut Onder 1277a. this non. evidentiary hearmg are impad on a edistinatsst averabar d===98 I,ig g umy.en yu enrwnaged to request is wratang an entities. opportunity to be beard. Uniens th, Rah.re m e. mr. M =asas". sn Dan ="--t is otherwise serp== tad tm VII. Enview Underas Paparwna Reponsms and meernaaping wrltus3. indireak wiH he nr-harhaned Reductica Act rem-nta,Enurety hands. Uranmm. 10-minnas time sogamate to prosmat b information collection hama*F Grumbl. F their commenta. Turse segummts ufil be requirements in this proposed rule bevy Amassentsamenny/arAinrrone=e wat allotted based on the order in witicah the been ad nittari kr appseenise the &c==a== and = "- peut wrttten sequests ans racerned. 05ce of F.- m tasdfhuiset Perthe mmmeensset est in she lodrwxiu As who do not edent a mitten IOMBd eder the Paperwark F=rkt&m ihmmmhie. rharmer5Elof title te of the request to speak edit he albreed timme to Act. 44 fi M 2501 at seg. N fannirule Code of Federal Regulations is proposed 5

- * ~ } 43000* Federst Register-/ Vol.' 58, Nocist tMonday, August 8,19es4'rtupassermalesL - ,f. c. l . to be amasoned by adding anewport 765 (cine Ce ^ - " of abaRv (1) Aayuraniuseerthmetens..c. u v to read es follows: subject to the one tar processing eits, *=ehmag the saal,4 - this part. reim a licensee described containing byproduct material far whkh Part 785-4 tem 45URSEMENT FOR in paragraph (b) of this section that a licones lissued by NRCorits i COST 3 OF REMEDtAL ACTION AT owns an active uranium or thorium predar==aar agency under the Atoadd i ACTIVE URANIUM AND THORIUM pmcessing site for such portion of the Energy Act of 1954, or by a State as' PROCESSING STTES costs of remedial action as are permitted tmder section 274 of such Ad determined by the Department to be (42 U.S.C 202111 for the production at % A_oeneres attributable to byproduct material such site of any uranium or thorium 8'c. generated as an incident of sales to the derived from ore-765.1 Purpo" United States and either incurred by (1) Was in effect on January 1,1978; 765.2 Scope and Applicability such licensee not later than December (ii) Was issued or renewed after 765J DeanMons 31, 2002, or incurred by the licensee in January 1.1978: or Sutmert B-Asimbursement Crttects accordance with a plan for subsequent (iii) ror which an application for 765.10 Eligibility for Reimbunement decontamination, decommladoning, renewal or issuanca was pending on, or j ; 765.11 Raimbursable Costs reclamation, and other remedial action afterJanuary 1,1978: and j ' 765.12 inflation Index Adrustment approved by theDepartment, (2) Any other real proputy or Procedures (d) Such costs of remedial action must improvement on such real property that subpent C Pmoedures hr Fiang and be necessary to comply with applicable is determined by the Secretary or by a l m- ^g Reimbursement Requeses requinments of the Uranium Mill State as permitted under section 274 of l 765.20 Reimbursemoet Request Filing Tallings Radiation Control Act of 1978 the Atomic Energy Act of1954 (42 m.,ao,,, (UMTRCA) (42 U.S.C 7901 et seq.) or. U.S.C 2021) to be: 6)In the vicinity of such site: and 765.21 Processing Reimbursement Requests. in a State that is a party to a 765.22 Appeals Procedura discontinuance agreement under section (ii) Contaminated with residual 765.23 Annual Report 274 of the Atomic EnerEy Act of1954 byproduct material, to that subpert D -Addedonal Reimbursement (42 U.S.C 2021), with requirements h d Pmoodures H shed e Pursuant to the agreement with NRC under section 274 su wity e y of the Atomic Energy Act of1954 (42 765.30 Reimbursement of Costs Incurred in 1 Accordance with a Plan for Subsequent agreement. Claims for reimbursement U.S.C 2021). Remedial Action must be supported by reasonable Byprodocf materialmeans the tallings 765.31 Ptaramant of Funds in Escrow for documentation as specified in subpart C w sta pmduced by b eMe w Subsequent Remedial Action of this part. U "U" 785.32 Reimbursement of Excess Funds (e) Except as authorized by $ 785.32 A Puh. L 102-486 (42 U.S.C. 2296 the total amount of reimbursement paid, ""[,,[,jontent. an to any licensee of an active uraniusa, Cfahnforreimbursement means a - I mill processing site shall not exceed claim for reimbursement submitted in - j ; $5.50, as adjusted for inflation, by, goo,=wnh tb requirements 37as.1 Purpoem. epplying the consuurprice inoex fo' estabushed in subpart C of this part. i I ne provisions of this part establish all urban consumers (CPI-U) as provided Costs ohwmedialodion means costs i regulatory requirements governing by 6 765.12. multiplied by the numbes incurred ba Hoenese to perform n!mbursement for certain remedia} of dry short tons of Federal-rstated decasta=fnat% decommimioning, i s action costs at active uranium or tailings located at the site on October ' reclamotica; and other remedial action. ) 9 24,1992. which see mama==y to pedorm such thorium processing sites as specified by i Subtitle A of Title X (Title X) of the U) ne total mount of rai=h=2==ent.,,i,= and asesupported by reasonable a Energy Policy Act of 1992 (Pnh. L.102-Paid to all uranium licaneses shall not - dr=,unan*=tian in acx:ordance with the 486, los Stat. 2776), nees regulations exceed $270 million, as edtusted for requu' eemento of subpart C of this part. are authorized by section 2002 of the inflation by applying the CPI-U as m-- --_ "n decommissiorung, Energy Policy Act (42 U.S.C 229ea-1) provided by $ 765.12. reefomotion, and other remedial action which requires the Secretary of Energy", (g)ne total amount of means work performed whidiis (Secretary) to issue regulations reimbursement paid to any licensee of -==ry to comply with all applicable Soverning such reimbursements. an active thorium processing sita shall. requirements of the Uranium Mill not exceed $40 million,as adjusted for-Tailings Ita,ltatton Control Act of 1978 97ss.2 Soope and appecebiety. inflation by applying the CPI-U as (42 U.SA7901 et seq.) or, when 4 (a) nis part e=hhhes policier, provided by 6 765.12. appropriate, with requirements criteria, and procedures governing (h) Reimbursement of!!cansees Ice established by a State that is a party to reimbursement of certain costs of costs of remedial actiort will only be a discontinuanes agreement under amedial action incurred by uranium or made for such costs that are supported section 274 of the Atomic Energy Act of thorium licensees at active uranium or by reasonable documentation se 1954 (43 U.S.C 2021). thorium processing sites as a result of required by $ 765.20 and e4almad for Dg : Mmeans the United States De of byprodud material generated as an reimbursement by a licensee in incident of sales to the United Stateer accordanos with the mh - short eens of uct moferial ~ (b) Costs of remedial action at active established by subpart C of this part. means the e mnga generated from the uranium or thorium processing sites are extraction and pra,===ing of 2.000 borne by persons licensed under section l'7sas Dennamona. unda of uranium or thorium ore-82 or 81 of the Atomic Energy Act of For the purposes of this part, the rock. 1954 (42 U.S.C 2091. 2111), sub)ed to following terms are defined as follows:' Fed reimbursement rutio means the exceptions and limitations specified Active uranium or thorium processing the retio of dry short tons of Federal-in this part. site or active processing slfe means:- related tailings to total dry short tons of e

~ s. v ys 4' Fanusal BaWster / list. as, Ida.151/.tdanday, August E seus / Theyssed Eules 43W9, l tentage p====* stun natus umashua ar aff3tM meansto UsuuhunDM - n estsue custaese l thatumn pummasshig seenan Octsher 34 Tallings Radiation Control Actdtsps attributable to Federe64etsted bypesamet 1992. (42 USC. 7401 et seq.). matedd.Per purposeeofsuch FedershulatedemShymeans taillags United Semess means anyemostles demonsamtles, costs d resusaal se6cm that wese posesnt at an ettles wenima departraent, aonnelesien, or agency,or that me stdbutable to Podeselgelated i er terhan yearneming alte se October ~ other estabituhmost in the suscuties 24,1992, and were peersted es branch of h FederelGoesanneaL byproduct anster6et are those costs sugesi i incident of wenhun or aborhun sales to to &e totalepywood costs of tunedial Suh sert hCrtmAs action at e stee erettiplied by b pedesat the United States. i Inflotion isoder means theconsumar retsubursement rWths establisbod for the ' $765.10 E5gildtW for h site. price index for all urban consununo as 5 determined by the Department of labor. (s) Any Mr===== tbs suusas e acMw (d Total. - , lcosted e ** 'l " *" '#'I ucensee means a personIlonnaed unanimamr tharum psecoming d6eand y i under section 62 or section at of the that has incuaredammesof usemaal ,,i d 'wousustu 6e ~ dans Atomic Energy Act of1954 let U.S.C-ection at use mee ahm me N albbe ihnited a 2091,2111] for any adivity at an active to Fedesalvelsend bypredsatt mataussi dthis lio shall be eligible for sensabasseammut af (g) gsomedialsedan uranium or thorium procenslag site such com embens to the ymmandsmus com h mWw wmhu,n h M which reauks, or has resuhad,in b producthm of byprodud material and Ihnitatsmus =g=='ad hitds paa. aMhh @esW '1 (b) Prior to reimbursement of remedial cost of remedial action multiplied by-l MICmeans the United States Nuc3 ear action cents decerned by a liosmose,the b pdurd reimburmemem atlM) ' Regulatory Co==l==ian Departmem afEnergy AsE anskea ss.seorelher ton esitin established by e N ' -- g - em sens-s==r-T detssun cm ibe te a byproduc+t matanal la a laa=#ia= abet is f Ema, o in acco, dance with ige,esui,em s.gy quantity ofeenbegs, that not contipanne to the West Chicago sus tallimp that is Fedesel<postion of thispart,as =Ahan=d for fallauen eleted Thorium Mill She locatedla West - Chkage,11haeas, la accardamos nasah a ' tailings, passat en October at, test, at pursuant to $ 765.22, smultighed by the the active numaareldry ahost sansof b I plan approved by,ormeherwestsen such lar=== proc====P she====d by = The hoensee seHammour material gamerstad as an is af -~kw=^ from, the liuanis - in sud duesrmination,or weleeer se2as to me Undad Stasas. Department ofNuclearSalary er eh=m its nght to any adahuletre.eeer 12)W =Ind=r===ar d appropriate Stats agnacy. Judicialappsed dispaimgauch r,--m1 =Mlan costalacurred at a0 Planfor "- means a plam -yf====A=f ar*a= determaassion, prior to - " n-- meF amive uranlum procasaiag sites shad u _Jbyshe ele foresinnbussenset et O not exceed 3270 milflon; and (3) Ret

• at ofs===at=1 actlan Depastment al'Emmagy Lamy an action costs lancemved et the ette. Chsans estimated Aetalcost Aersemedialsolism, from those sites farwide e=&

cons et the acdve tharin= and au apphcabler t of detenumstson to mode wHI be evolunted site sha3belhaltadto costs 1=rm int e re====l acsden es he' peed===d aher individesDy. offsst,$tisposal and shad not =ve==d the l Ika=4ar 31. 2002,at an acafee actual a ved costs ofimmedalaction uranium or thorium preonesag eien. - 37ss.H Nm m by theTadasal re ursementseala,er 340 million.. Recicammion pins ammesa yAmm, I'}C8"3"'MO*** W which has home appeamed by fetcarsa may 8Pytyisrh men fee whicheverIslass. Agreemust absen,-= a M ki y for re==ii=1 actime bis to' (e) Costs of:===dt=1 action shad he W brsammmuy of an acdes F=&==4elaemd byprodust amnesist, as reimbursableonlyifsapported by n=r==*==* af adequate decur==ntarian and appsoved =! pran===6ng sets that are v-a===ry en detsummandby the ""","d'" '"~'""" by the Department afEnesgyla g m g g y e asts of 7 accoraanca with the provisions of this - co m,o u c,,,,,.,se,s,em.m.s ca ua.m a ham me d.es.e me n ,e estahimmhed by an AgroummedStaan. and required by shhm thatbyprodummatarlaimum 1,em.m (1) A P an, portion thereof,washu belocated l Rerraskutedian,mesms. et en ac6vspr====tny elle on October written apresed fGRC d*'"#'= W 24,1992, r===ma acdan oosts - Teen sammehui=5== Pursemat am de aushsmety bF - attr!butabletobyproductmaterial s an actin =

i2== = *=d=

8edkm E28I4 8I * """ " 8"WF generated m1he she of the Edgemont Pr===,ng este. Actaf test (42111C.aersker MiHin moent.SouthDehata, and Secreeary means 6eSecnemyd (2) A plus, pestian Aeresi,erother moved from suchlocation EmesgF-wnasun nehmuimunimm appmed by an - for disposal, be hie for SurevyfL ..m.... mamsthe A g=====t snuum, p=-==s em &* senhorty p==d=d by a a==mi==="o rehnbur====nt in wDh all-v amommt dnecessary funds, asregnhed by PERCoren Agreemesft Stah,that a apaumumt week 10BC summed y=====* shar seguir====*= dthis pan. to median 274 afabe damadeSangy Act $785.18 tultasenhauue$ssenant licensee must pa==== to coverthe of test (42 U.&C.:aetat. Presu888m-estimatedeast ofconducting sB (hlh additima, such ansas must aldiest (a) The amounts of 8558 les speci8ed licammed somedisd oction activttles (1) Be i==r-d outinassham 'in iIss.Eleloreher perten ceilhas includtngcosts of conserndian und December 38.assa;er =am-d byte Degasa===* of - disposal. (2) Be inammed in====d-== wish a Enesgy,sguesmilaan tsesped5ed in Taillagsmeans the immeining plan der amhmeipmat===a=A acetas f FeLapli,andSeesmMEenles oped6ed granular material which was disp==d of approved by she th=p-m==m afEmugy, in i 7s52Wl,shallbeadlasted ter in a tuuh gs inspeandmast aber the i as. par <a=d ha 6 Fes.sa. hastemas yesseded byese esoGoa. extractionof merdedman hasa (c) A liosames smakmag m6sub======e (b0the DupermmanafEmergy shall are. forsemes of:===dialsstama smaat mainlydySLeh eraderedRag I r' ..~-

~ 43442-Federal Register / Vol. 58, No.151/ Mendey, Aupset er 1993'/ Propeesd BadeC y estabbhad by the Department of. all dalms for reimbursement submitted to eenlue,te the claim shah be' set Enwgy, and those ons of $270 by(2)mlicensee shallorganise and a licenses. million and 340 Don that have not in each claim. yet been paid in reimbursement, by the crose. reference all supporting (6)ne llconses should snhmir to the CPI-U.The Department of Enwgy shan documentation submitted in support of Department of Energy in writing any. apply the CPI-U tc4he amounts any claim to speciSc requirements or questions regarding the type or format of specified in this parograph annually on activities included in the reclamation documentation required to be April 1 of uch year, using the CP3-U as plan. All documentation submitted .sub 7.' Such questions should be determined by the Department of Labor must be individually coded and crou. - q ! rm a soon as practicable to for the preceding calendar year, nierenced by page e.nd activity to the facillwte preparation of complete (c)ne Department of Energy shall licensee's reclamation plan. applications. 1 adjust annually, using the CPI-U as (3)ne licensee shall provide with (d) Following each annual j defined in this part, each amount paid each claim submitted a summary of the appropriation by Congmas, the to a uranium site licensee in previous daim outlining allcosts ofremedial Department of Energy willissue a years to determine a cumulative cost per action for which reimbursement is Federal Register notice informing ton ratio in current yest dollan for claimed.His summary shallidentify licensees of the availability of funds for purposes of comparison with the $5.50 6 costs of remedial action associated relmbursement and whehr the per ton ceiling as adjusted for inflation, with each ma}or activity or requirement Department anticipates that approved established by the site's reclamation subpart C "rcx.Juros for Filing and

plan, claims for that year may be subpct to proreted payment. %is Federal Register

,i Processing Reimbursement Raquests (4) Documentation provided to notice win also serve as b

1 support a reimbursement claim must 97ss.ao admbursewnent mgmt filine demonstrate that the costs of remedial Department's of$cial invitation for it Pro **dur**-

(a) All remedial action costs for which action for which reimbursement is eligible licensees to submit their claims 4i reimbursement is claimed must be claimed wwe incurred specifically for by the dates speciBed in the notice. It { activities specified in the site's is the Department's intent that initial supported by adequate documentation - reclamation plan,or otherwis* claims for reimbursement, with j! as speciSed in this subpart. b Department of Energy reserves the right authorized by NRC or an Agreement ncoompanying documentation, may be to deny any claim for reimbursement. In State as contributing to final closure of submitted to the Department du or whole or in part, that is not submitted the site. Claims will be reviewed by the before February 1,1994, and subsequent l in accordance with the requirements of Department of Energy to assure that claims may be submitted to the. 3 De ont on a semi-annualbasis on i this subpart. costs are consistent with the surety or fore February 1 or August 1, (b) Except if requested by the recuirements provided by the licensee. Department of Energy as provided by. (i) Documentation prepamd. - beginning in 1995. Such claims may contemporaneous to the time.the cost request reimbureement for any incurmd 1- $ 765.21, all documentation in support was incurred abould identify the date or. costs ofremedial action, otherwise of a reimbursement claim must be time period for which the cost was oligible for reimbursement under this submitted at b same time in b same incurred;the activity; and the part, and for which reimbursement has shipment,if a claimant determines it reclamation plan pmvision or other not reviously been approved or denied will be unable to subunit all authorized requirement to which the by(e)e Dopstment' 4 documentation in the same shipment, cost relates. Each claim should b* A limn=== shall certify, with the dalmant shall provide written supported by photocopies of original respect to any claim submitted by it for notim to the Department prior to any receipts, invoices, pay records, or other reimbursement, that the work was submittal of documentation.b documents that substantiate that each completed as described in an approved claimant should specify the reasons for speciSc cost for which reimbursement is reclamation plan or other authorization this action and describe the type of claimed was incurred for an actirity that and that a quauty assurance program documentation to be sent at a later data, was necessary to comply with UMTRCA reclamauan construcu sufBdent to ensure the adequacy of the including the estimated date of or applicable Agreement State shiprnent. ne Department may, at its requirements- ~ implamented. In addition, the licensee shallcertif discretion, require b claimant to (11) Documentation not prepared. reimbun==y that all costs for which-withhold the original shipment until aD contemporaneous to the time the cost - ande claimed, aH documentation can be sent to the was incurred, or not directly related to documentation submitted in support of i Department at one time, activities specified in the plan, should such costa, and all statements or (c) Each claim submitted must be not be provided unless the claimant representations made in the claim are consistent with the format and content determinos such documentation la the complete, accurate,and true.Such. prescribed by this paragraph. only means available to document cuts. certincetion shah be signed by an allimr (1)The claimant shall pmvide a cop or other o!Rcial of the llansee with of the approved site reclamation plan,y for which reimbursement is sought. b. knowledy of the contents of the 'i or Department of Energy will evaluate sudb other authorization fmm NRC or an documents on a case-by case basis and and authority to represent b licensee may approve, approve in pet,or denF in making such certlBcadon. i ment Stats, with the initial claim mitted. Any revisions or. reimbursement for costs not su (f) AH eLima lorreimbursement 4 I modifications made to such plan and by contemporaneously P anhmitted to the Department of Enerxy q appmved by NRC or an Agmement State documentation, as consi shan be sent by registmed or cwtified' shall be included by the licensee in the appmpriate by the Department. mall, return remipt requested. 1 next claim submitted to the Department (5) b limasse shall utilize generally. 478521 7 ,, reteturemnt of Energy following such revision or amepted accounting practices - m e esen, 4 ) modiScation. Such r=clamation plan, as consistently throughout the claim. Such (albDepartmentof Energy shall modified or revised, shall serve as the. accounting principles, underlying - condum a prel*=Imary review to basis for b Department's evaluation of assumptions, and any other informatteo determine the completeness of each m 9 I

Fadesel Ragister / Vol 58, No.151 / Muntlay. August.O 1998 / Puuposed Raler Mq p k claim submitted in mM.se with the payment in accordance with thav - 67tL29 Asemahepest. 2. C* I ments of 6 765.20. For the claims requirements governing disbursements > - %e Department of Emergy shall< o - su tied on or before February 1,1994, from the Uranium Enrichment propero annually a report summarizing b Department shall consplete a Demntamination and Decom=WIag pertinent information m y claims preliminary review as soon as Fund (refermd to in this section as the submitted in theyrevious calendar year, practicable following receipt of such ' Fund') established pursuant to section the status of the Department's review of claims. For claims submitted after such 1801 of the Atomic Energy Act of 1954. such claims, determinations made date, the preliminary review will be in the event the Department of Energy regarding such claims, amounts paid for completed within 60 days of the determines that insufficient funds are claims approved, and other relevant applicable deadline for submitting such available at any time to provide for information concerning this claims. complete payment of all outstanding reiad,wa,.st program. The report will (b) After completing the preliminary approved claims, mimbursements of be available to all intsrested parues review specined in para 6raph (a) of this appmved claims will be made on a upon written request to the Department section, the Department of Energy may prorated basis. The Department shall and will also be available in the request the claimant to provide provide annual notics of congressional Department's Freedom ofInformation additional documentation or appropriation levels and any anticipated Randing Room.1000 Independence clari6 cation determined by the short fall between funds available and Avenue SW., Washington, DC. Department to be necessary to complete b expected claims for reimbursement, its evaluation of the chim Any as specified in 6 765.20(d). Any portion Subpart D-Additional Reimbursement additional information requested by the of an approved claim for which Procedyrsa Department,if provided, must be reimbursement was not made due to $7 m h e h red submitted by the claimant within 60 insuf5cient funds shall be paid in full Meoordence e a phn mesewent days of receipt of such request unless at such time as funds become available. remedial ecuan. 0* Panme 'PeciSes writing that (g) Notwithstanding the provisions of (a)This section establishes dd } m s wy (c) At any time [uring the review of paragraph (f) of this section, or any procedures goveming remedial action a claim, the Department of Energy may other provisins of this part, any costs incurnd in accordance with a plan request an informal conference with a ement for the payment or for s ont remedial acdon claimant or with NRC or an. Agreement ob 'gadon of funds b the Department of appmved the Department of Energy State to obtain further information or Emgy established b this part shallbe as provid in this section. Costs ~ clarification on any unresolved issue subject to the aval lity of - otherwise eligible for reimbursement in periding to the claim. White the appropriated funds, and no provision accordanr= with the terms of this part a plicant is not required to provide herein shall be interpreted to require and incurmd in accordance with such additional clarification requested by the obligation or peyment of funds in :.. plan shall be reimbursed in accordance Department, a failure to do ao may violation of the Anti-Deficiency Act(31 with the provisions of this subpart D result in the denial of that portion of the U.S.C.1341). and subpart C. In the event there is an claim for which information is "'Ih'"g#I

• '*9ui[ents g7ss.22 Appeak proceduree-g

) pon receiving any additional (a) Any licensee that wishes to contest pmvisions of subpart D govem documentation requested and submitted a determination made by b reimbursement of such costs. in accordance with the provisions of Department of Energy concoming the (b) At any time after January 1,2000, paragraph (b) of this section, the total quantity of talhngs or Federab but in no event later than December 31, Department of Energy shall complete a related tailings present at a slie, or the ~ 2001,a licenses to which the full final review of all submitted Federal reimbursement ratio applicable whnbursement authorized under information prior to making a to such site, shall invoks the appeale $ 765.11 has not been made may submit reimbursement decision. As a part of process specified in $ 765.22(c) and (d), to b Department of Energy a plan for this final review, the Department shall (b) Any Heenses that has submitted a subseqwnt mmedialacum. request from NRC or an Apeement State claim that has been denied.in whole or Raimbursemnt Mcosts incurmd aner written certification that the activities in part, that chooses to appeal such December St. 2002, shall be subject to for which reimbursement is claimd and denial, shallinvoke the appeals process the subminaia dsuch a plan h 6e certified by the licensee as beinst speciBed in $ 765.22(c) and (dl..' - ' bname and a provalby ee factuaHy cornct are substandalfy in Department. uch plan shad include: conformana with b Heenm's (c) A liconaes shall file any appeal < (1) AD sp IIcable requirements edrnA m=U lan.The with the Office of Hearings and. estabhahed NRC pursuant to the est shall not pmvide Appeals.ES.hpanmWEwgy. - Uranium TalHngs Radiation reimbursement for costs incurred for 1000 Id*P'"d'"'" ^""' 8"*"" ' Control Act of1978, or by an Ammement acuW for which such concurnace Wa.Mngton. DC 20585. ' Stata,that mincluded in a r Tamau,on is not received. (d) Any appeal must be fHed within plan approved by NRC or en Agreement (e) A written decision regarding h 45 days from the date the Bosnm was Stats,and that have not yet been Department of Energy's determination to notified of the denial,in whole or in. natisSed in fullby the licanese. of a claim las described in (2)The total cost of remedial odion bprove, abpmve in part, or deny a will provided to the appheant 5.23(b)) or a quanti or rado, required at the site, together with au within 10 days of completion of b. detarmination (as d in'. necessary supporting documotation. Enal mytew. S 765.23(all. Appeals will be governed '" segmgated into actual costs incurnd to the Department of Energy in a given ' ~ by, and must comply in full with;the data and anticipated futum costs Actus!, (f) All reimbursements approved by pmcodures set forth in to CFR part 205, costs incurred to date shall be all those review cycle, as speciBed in the Federal subpart H. The decision of the Office ' f ' costs for which cIalms for o Repstar notica described in $ 765.20(d), Hearings and Appeals shall be the final mimbursement have been rv,ww.d and will be pM st the same time for decision of the Department, approved by the Departmem Garn

s 4338 Fodseal AsWster / Vol. se, No.151/ heumday, August SL 1em / Fmspesed Russup Anticipated costs shuu be the -rf==a-t approved pass for subsagenet massant boyamd which dudsee sur reimbursement cost of romandian asalan to be essayisted acehus, by the Pudum! seinbesumsmaat wtB meIsmgerbeausspeed. as seedsed by se appseved met===ah-ratio estabHdied dersus seas;er tsp plan Ier the sua auth=6-d by NRC er 35.50, as adlmsted ter imastism, par dry 9M5.3R esameno tusen, the Agressaant States Such =nr==*=1 shast som useddplied by the queenity of (a) No laterthau July 31,3085, the costs aban idestUy the costs of remedial Fedenskonsted tedhugs. no Departaset Departusset of Russy sheH deturnshee if i action===Amaad with each activity or shall subtract frasa sus==id=== restuneeneme contained in the the funds entharisse for appropriation subseepsset===d al actism.rf kr - reimbur===* ansamt arry pursumat to escties 1993 of the Emergy win reimbursemens abusdy appsewed to bs Policy Act of1983 (42 U.34 229ee-3), be reviswed by the De than coste ese mn=hn partment to assume paid to the Hr==== The resulting seusneedfussed forinHetion pmenent to wids the somety shall be the potential add **n===l $ 765.12.==c=d as of that date, the a requirements peevided by the lir==== reimbursement to wtdd the Mommeno cormbined total of eN retmimreements to NRC or as Agn===* Stata. may be entitled. which here been paid to licensees (c) b De elEmergy shall d* under this part, any amounts spproved review the Aa=q==t remedral 8 ,,,,,g,g',,"g",,"***'***" for reimbumsment and owed to any action =hien d by each h-and shall approvow appsove with faWPon appmaMes Ent plan for licensee,andany aih.e ladditianal e a alacM reimburse moner to be meds in modificationa, or reject such plan. At any thee during ma& serieur,the ahaU Bah an a mrdance with anyapproved p!sns for;, De ont may request addi secrowaccount. subject to the subsequent mundial maku.. in ormation from the licensee to arify availability of funds. with and (b)In &s met Be Deaad==a' of orprovfde support for an sian or administered by the United States Energy determin== that [unds - esumste mutained in s %s Treasury Department in accordancs authorised rsuant to section 1003 of Department may also con t with NRC with requirements estab!!shed by the the Energy Ad (42 U.SA 2296a-or an Agreement State concerning any Department ofEnergy Fundswillbe 2), as increased inDatim =waad dm provision or estimate contained in such added to the escrew account conunad total ofau misnH ~ ^= P an. Upon approval, approval with Department MEae deny . [es f adicanad in pasagraph (a) of this l subsequent e secdonktbsDepartmentmay==Mah ti-f,,lsee e tied by other modificatlans, or rejection of a plan, the p,p, t,,,,, g g,,,gp pranadmes for providag edda,=ienal Department shah Inform the licensee of such decision and provide an shah sotherlas reimbursessent of costs NIS'"^ ~ l* a humase ime olisible explanation of the heals for such acdon. of remedial acties, tscurredin mmedialassion casta.la the met such (d)In the event the Department of accoh wie se opprovat pise ist excuse funda me insuincient to provide En jocts a plan fbrsubsequent subempmot rundfal ac6am m,d reimbussessant of au elignble costs of - m action - 2-, by a 11osases. approved by the Department ofEbergy r===d al actism.seimbur====nt af - ,,,p,,,,,, by subpset C of this eligible costa shou be paid on a prorenad b llo'nses may propsm and submit a be made from such escrow are=.part, to bene, new plan within 120 days of receiving .a (b) All reimbursable costs under (c) Each aligible Besasse's peerstod notimof the pla S 765.11 are lein ikH &am the share will be determined by dividing Departamat seau,n,'s rekctict He mvfewand approve, funds r approve with modiflestions, or reject in emmew.The i p-e=amt the total ausses femade sweilands by b the new plan in aamdance with of Energy's reinsbusosammet af thmes cases ; total museber af tame af Fedssabeeleend paragreph (c) of this section. %8 is comungsma the sesRaballyaf tallinas amuseet at sinus where costs of funds ~as ed in 5 7es.21. Dame pm.,Tial adios ummed 35.50 per dry hansse may continue to submit additionalplanalbr subsequent costs mseisabureshne untik D) Die shout tem,as edlessed Asr innstiam remedial actkn in accordanca wth the redialaction hasbeam gd a=d art pursuant toiFes.12 Theseselttog (2) De lisasses has beam reimbassed les provisiana of this section until such. number will beto===i== cast per time as the Department approver such ab maxkmuna sehmber====8 amammt as - ton. over as.se, that may be s=i=h== sed i Plan, or December 31,2002, whichener, determined by tha Depa*===' possmann Total-a-h==p==8 for each lieuesse to h (e)"of 5 765.30. that hasimmused appreesd mass of occurs ffret. A fa!!ure by a Hr=n=== la cf A consee abansubmitany clainL, minedial austen ks amesmo of 85.50 per receive appro val fmm the Dep.rtment of for reimbursement of costs incated in' dsy abase ten wCI be the product of such l such a plea priorto December 31,2002 accordanes with an approved plan Amr.' excess cost par ese mattiplied by the - will preclude that IIr=na== tom sub ent remedial action in ' number of dry short some of Federal-l remiving any reimbumement for costs of wtab the se related tai at the site er the actual l remedial action incuned alter such data, subpart C. De P, _. guirousets of

-' of EbePEF costs and appsowed by tle unless and untB such time as the shan noelow and appem approveis -

Department ofEassgy,whicheveris lianname obtains approval fmm the part, or deny any such claine he le a. J Department of such a plan. amordance with the L te)DeDepartmentof Energy shan in subeartIEn*" $d) Amy easte afromagal actiore for i s determine,in appmving a plan fw 11entharise the wiabdraumfef fends which reimbursement la sought froen - t subsequent remedial action,the placedin theesamw asmoest s excess Ands detsendmed by the j maximum retaburaamane armount for approval of any such cinius inr~ pan p ^ fEbergyenbeersi!sbfeis a 'sub M reR. dthis part which the linename may be eIIgible.This reimburessment. been compissed by mHertad Aggmag%'*i - O das pertim D maximum solmbursement amount shan (d) AAeranimmedialadlemaEsser r astablished by pengraph be the smallerof the AmBowing two ^ quantities: (1) na amount obtained by State erNBCllenameos, the Depestemme,(d) of $785'11* muhiplyingthe total cast of =m.at=1 of Eassgy wiH isses a Federal Eagister [FK Dac SMasas Filed a+e3.W ami l action et the site, as determined in the notka -9 a t==i=an=i does saamn sans see aw l y .J _ _ _ _ _ _ _ _ _ _ _ _ _ _ - - - - - -. - - - - - = - - -

Mr. David E. Mathes, Director 633 Offsite Program Division Office of Southwestern Area Programs Environmental Restoration Department of Energy Washington, DC 20585

Dear Mr. Mathes:

Your letter of August 6,1993, transmitted a copy of the Department of Energy's (DOE's) proposed regulations to the Nuclear Regulatory Comission for review and coment. These draft regulations implement Title X of the Energy Policy Act of 1992. The NRC staff has previously provided your office with informal coments on this document during its development, which we note have been reflected in the current version. We plan to provide coments on the draft regulations. Because support to DOE will require specific NRC action, we are informing the Comission of the program and NRC's role and will provide our coments on the proposed regulations following its review. We look forward to participating with DOE in this program. Any questions should be addressed to Allan Mullins of my staff at (301) 504-2578. Sincerely, ed BY M gggiS@W PAutH.LO John T. Greeves, Director Division of Low-Level Waste Management and Decomissioning, Office of Nuclear Material Safety and Safeguards Ma K M UiB6jp] M M E d d dIBlM [{f @ff6EpjlG @ M K l#i[P8fp@p5 In small Box on *0FC:" line 3nter: C = Cov,er E = Cover 1, Enclosure N = No copy 0FC LLUR LLM[ Lb LLk NAME AMull N eb MFliegel Plo$ah JGrkeYeIff DATE 9/993 P 9/;f//93 M 9/N/93 9/f2/93 S:\\LLWMTYPE\\EDIE\\L-106.ATM 0FFICIAL RECORD COPY In small Box on 'DATE:" line enter: M = E-Mail Distribution Copy H = Hard copy l NO Category: Proprietary or CF Only PDR : YES ACNW: YES NO Delete file after distribution Yes A. No IG: YES N0 _yL TKT L-106 DISTRIBUTION: Central File LLlM r/f MBell JAustin JSurmeier HMSS r/f DGillen LJCallan,RIV RHall,URF0 LLWM t/f

I .p unq jw h UNITED STATES { NUCLEAR REGULATORY COMMISSION t / WASHINGTON, D.C. 20555-0001 g .i Mr. David E. Mathes, Director Offsite Program Division Office of Southwestern Area Programs Environmental Restoration Department of Energy Washington, DC 20585 1

Dear Mr. Mathes:

Your letter of August 6,1993, transmitted a copy of the Department of Energy's (D0E's) proposed rule implementing Title X of the Energy Policy Act of 1992 for review and coment by the U.S. Nuclear Regulatory Commission. The NRC staff has previously provided your office with informal comments on this document during its development. DOE's regulations for implementing Title X appear to be well thought out and have been carefully coordinated during their preparation. We believe that the suggested provision for certification of costs by a company's outside auditing firm, and the right for DOE to audit the company's books, would be valuable additions. We are enclosing comments on the draft regulations and look forward to participating with DOE in this program. Any questions should be addressed to Allan Mullins of my staff at 301-504-2578. Sincerely, John T. Greeves, Director Division of Low-Level Waste Management and Decommissioning Office of Nuclear Material Safety and Safeguards

Enclosure:

As stated

I l l NUCLEAR REGULATORY COMMISSION STAFF COMMENTS ON ] THE DEPARTMENT OF ENERGY'S PROPOSED REGULATIONS IMPLEMENTING TITLE X OF THE ENERGY POLICY ACT NRC's comments are formatted to be consistent with the headings and outline format used by DOE in its Proposed Rule. o II. Analysis of Major Issues i A. Determination of Reimbursable Costs 1. Maximum Reimbursement Amount NRC staff believes your proposal on page 12 to determine the percentage of costs to be reimbursed by using the ratio of the total tons of tailings produced by the mill and the total tons of tailings produced in the production of uranium, which was subsequently sold to the government, is an acceptable approach. However, it is not clear how this determination is to be made; it would be helpful to have a discussion of how the quantities of tailings produced, as a result of sales of uranium to the government, is determined. For instance, will the determination consider the grade of the ore that was milled under both government and commercial contracts which would _ affect the quantity of tailings produced for each pound of uranium produced? The grade of ore milled when the government bought uranium may have been different than the grade of ore milled during the " commercial years" of the life for most mills. Thus, the quantity of tailings produced for each pound of uranium produced may not be the same for the time periods of government and commercial uranium production. D. Inflation Index Determination First full paragraph, ninth line, page 23, indicates that the base date for the escalation adjustment will be October 1992. This base date should be referenced in the regulations, and we have noted locations where the reference would be appropriate. j III. Section-By-Section Analysis 10 CFR Part 765 - Reimbursement for Costs of Remedial Action at Active Uranium and Thorium Processing Sites Enclosure

9 Subpart A - General 765.2 Scope and applicability Paragraph (e), page 47, would be clearer if it also referenced 765.11 (f), which is the exception to the requirement that the tailings material be on site as of October 24, 1992. 765.3 Definitions Definition of Federal-related tailinas at bottom of page 49, would be clearer if it referenced the exception to tailings being onsite on October 24, 1992, which is mentioned above under 765.2 (e). Definition of Surety Reauirements on page 51 is not correct. The NRC does not require that the licensee " possess" funds to cover remedial action costs. Bank letters of credit, or in some cases parent company guarantees, are considered to be satisfactory sureties. Subpart 8 - Reimbursement Criteria 765.10 Eligibility for reimbursement Paragraph (a), page 51, requires that a licensee own the facility and incur the costs to be eligible for reimbursement. In some instances, mill ownership may have changed after some portion of reclamation costs have been incurred. It appears that those early costs would be precluded from reimbursement eligibility. Paragraph (b), page 52, should reference the exception to material being on site on October 24, 1992, which is mentioned above under 765.2 (e). 765.11 Reimbursable costs The authority citation in the third line, paragraph (1}, page 52, should be charged by deleting "section 2022(d)" and adding "as amended" after 1954. The citation (42 U.S.C. 2021) in the fourth line should read (42 U.S.C. 2022). 765.12 Inflation index adjustment procedures In Paragraph (a), page 54, the base year from which the inflation index is adjusted should be specified (see comment under II.D., page 23). i Paragraph (c), page 55, indicates that previous reimbursement amounts will be escalated to current year dollars to maintain a running total i of reimbursements to compare with the $5.50 per ton escalated ceiling 2 i

i on reimbursements. It should be made clear in this section whether l prior dosts incurred for remediation for which reimbursement will be made will be escalated to current dollars prior to payment. Subpart C - Procedures for Filing and Processing Reimbursement Requests 765.20 Reimbursement request filing procedures Paragraph (4), pages 56 and 57, requires that activities for which l reimbursement is requested must be specified in the site reclamation i pl an. In several instances, an NRC licensee has proceeded with reclamation activities, concurrent with NRC review of the reclamation plan, with the result that costs were incurred and work accomplished "at the licensee's risk" prior to approval of the reclamation plan. DOE might want to address whether this early work will be considered for reimbursement. 00E might consider the desirability of a requirement for the licensee's external accounting / auditing firm to certify that the costs for which reimbursement is requested were paid and carried on the company's books. This could logically fall within paragraph (e) on page 58. In addition, DOE should state that it has the right to have an audit performed of the licensee's books by an outside accounting firm. Subpart D - Additional Reimbursement Procedures 765.31 Placement of funds in escrow for subsequent remedial action Paragraph (a) page 65, states that funds will be placed in escrow for payment of claims for subsequent remedial action (after 2002). Funds placed in escrow should accrue interest for the benefit of the fund. 3 l l}}