§ 765.3 Definitions. For the purposes of this part, the following terms are defined as follows: Active uranium or thorium processing site or active processing site means: ( 1 ) Any uranium or thorium processing site, including the mill, containing byproduct material for which a license, issued either by NRC or by an Agreement State, for the production at a site of any uranium or thorium derived from ore— ( i ) Was in effect on January 1, 1978;
( ii ) Was issued or renewed after January 1, 1978; or
( iii ) For which an application for renewal or issuance was pending on, or after January 1, 1978; and
( 2 ) Any other real property or improvement on such real property that is determined by the Secretary or by an Agreement State to be: ( i ) In the vicinity of such site; and
( ii ) Contaminated with residual byproduct material.
*Agreement State* means a State that is or has been a party to a discontinuance agreement with NRC under section 274 of the Atomic Energy Act (42 U.S.C. 2021) and thereafter issues licenses and establishes remedial action requirements pursuant to a counterpart to section 62 or 81 of the Atomic Energy Act under state law.
*Atomic Energy Act* means the Atomic Energy Act of 1954, as amended, (42 U.S.C. 2011 *et seq.*).
*Byproduct material* means the tailings or wastes produced by the extraction or concentration of uranium or thorium from any ore processed primarily for its source material content.
*Claim for reimbursement* means the submission of an application for reimbursement in accordance with the requirements established in subpart C of this part.
*Costs of remedial action* means costs incurred by a licensee prior to or after enactment of UMTRCA to perform decontamination, decommissioning, reclamation, and other remedial action. These costs may include but are not necessarily limited to expenditures for work necessary to comply with applicable requirements to conduct groundwater remediation, treatment or containment of contaminated soil, disposal of process wastes, removal actions, air pollution abatement measures, mill and equipment decommissioning, site monitoring, administrative activities, expenditures required to meet necessary regulatory standards, or other requirements established by NRC, or an Agreement State. Costs of remedial action must be supported by reasonable documentation in accordance with the requirements of subpart C of this part.
*Decontamination, decommissioning, reclamation, and other remedial action* means work performed which is necessary to comply with all applicable requirements of UMTRCA or, where appropriate, with applicable requirements established by an Agreement State.
*Department* means the United States Department of Energy or its authorized agents.
*Dry short tons of byproduct material* means the quantity of tailings generated from the extraction and processing of 2,000 pounds of uranium or thorium ore-bearing rock.
*Federal reimbursement ratio* means the ratio of Federal-related dry short tons of byproduct material to total dry short tons of byproduct material present at an active uranium or thorium processing site on October 24, 1992. The ratio shall be established by comparing Federal-related dry short tons of byproduct material to total dry short tons of byproduct material present at the site on October 24, 1992, or by another means of attributing costs of remedial action to byproduct material generated as an incident of sales to the United States which the Department determines is more accurate than a ratio established using dry short tons of byproduct material.
*Federal-related dry short tons of byproduct material* means dry short tons of byproduct material that was present at an active uranium or thorium processing site on October 24, 1992, and was generated as an incident of uranium or thorium sales to the United States.
*Generally accepted accounting principles* means those principles established by the Financial Accounting Standards Board which encompass the conventions, rules, and procedures necessary to define accepted accounting practice at a particular time.
*Inflation index* means the consumer price index for all urban consumers (CPI-U) as published by the Department of Commerce's Bureau of Labor Statistics.
*Licensee* means a site owner licensed under section 62 or 81 of the Atomic Energy Act (42 U.S.C. 2092, 2111) by NRC, or an Agreement State, for any activity at an active uranium or thorium processing site which results, or has resulted, in the production of byproduct material.
*Maximum reimbursement amount or maximum reimbursement ceiling* means the smaller of the following two quantities: ( 1 ) The amount obtained by multiplying the total cost of remedial action at the site, as determined in the approved plan for subsequent remedial action, by the Federal reimbursement ratio established for the site; or
( 2 ) $6.25, as adjusted for inflation, multiplied by the number of Federal-related dry short tons of byproduct material.
*NRC* means the United States Nuclear Regulatory Commission or its predecessor agency.
*Offsite disposal* means the disposal, and activities that contribute to the disposal, of byproduct material in a location that is not contiguous to the West Chicago Thorium Mill Site located in West Chicago, Illinois, in accordance with a plan approved by, or other written authorization from, the State of Illinois or NRC provided the activities are consistent with the ultimate removal of byproduct material from the West Chicago Thorium Mill Site.
*Plan for subsequent remedial action* means a plan approved by the Department which includes an estimated total cost and schedule for remedial action, and all applicable requirements of remedial action established by NRC or an Agreement State to be performed after December 31, 2007, at an active uranium or thorium processing site.
*Reclamation plan or site reclamation plan* means a plan, which has been approved by NRC or an Agreement State, for remedial action at an active processing site that establishes the work necessary to comply with applicable requirements of UMTRCA, or where appropriate with requirements established by an Agreement State.
*Remedial action* means decontamination, decommissioning, reclamation, and other remedial action at an active uranium or thorium processing site.
*Secretary* means the Secretary of Energy or her designees.
*Site owner* means a person that presently holds, or held in the past, any interest in land, including but not limited to a fee simple absolute, surface or subsurface ownership of mining claims, easements, and a right of access for the purposes of cleanup, or any other legal or equitable interest.
*Tailings* means the remaining portion of a metal-bearing ore after some or all of the metal, such as uranium, has been extracted.
*The Fund* means the Uranium Enrichment Decontamination and Decommissioning Fund established at the United States Department of Treasury pursuant to section 1801 of the Atomic Energy Act (42 U.S.C. 2297g).
*Title X or “the Act”* means Subtitle A of Title X of the Energy Policy Act of 1992, Public Law 102-486, 106 Stat. 2776 (42 U.S.C. 2296a-1 *et seq.*).
*UMTRCA* means the Uranium Mill Tailings Radiation Control Act of 1978, as amended (42 U.S.C. 7901 *et seq.*).
*United States* means any executive department, commission, or agency, or other establishment in the executive branch of the Federal Government.
*Written Authorization* means a written statement from either the NRC or an Agreement State that a licensee has performed in the past, or is authorized to perform in the future, a remedial action that is necessary to comply with the requirements of UMTRCA or, where appropriate, the requirements of an Agreement State.
[59 FR 26726, May 23, 1994, as amended at 68 FR 32957, June 3, 2003]