80 FR 12 pgs. 2735-2741 - Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended

Type: NOTICEVolume: 80Number: 12Pages: 2735 - 2741
FR document: [FR Doc. 2015-00784 Filed 1-16-15; 8:45 am]
Agency: Labor Department
Sub Agency: Workers Compensation Programs Office
Official PDF Version:  PDF Version
Pages: 2735, 2736, 2737, 2740

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DEPARTMENT OF LABOR

Office of Workers' Compensation Programs

Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended

AGENCY:

Office of Workers' Compensation Programs, Labor.

ACTION:

Notice of revision of listing of covered Department of Energy facilities.

SUMMARY:

The Office of Workers' Compensation Programs (OWCP) is publishing a list of Department of Energy (DOE) facilities covered under the Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (EEOICPA). This notice revises and republishes the listing of DOE facilities that was last published by OWCP on April 8, 2013 (78 FR 20950) to include additional determinations made on this subject through January 20, 2015.

FOR FURTHER INFORMATION CONTACT:

Rachel P. Leiton, Director, Division of Energy Employees Occupational Illness Compensation, Office of Workers' Compensation Programs, U.S. Department of Labor, Room C-3321, 200 Constitution Avenue NW., Washington, DC 20210. Telephone: 202-693-0081 (this is not a toll-free number).

ADDRESSES:

OWCP welcomes comments regarding this list. Individuals who wish to suggest changes to this list may provide information to OWCP at the following address: U.S. Department of Labor, Office of Workers' Compensation Programs, Division of Energy Employees Occupational Illness Compensation, Room C-3321, 200 Constitution Avenue NW., Washington, DC 20210. You may also suggest changes to this list by email at DEEOIC-Public@dol.gov. You should include "DOE facilities list" in the subject line of any email containing comments on this list.

SUPPLEMENTARY INFORMATION:

I. Background

The Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (42 U.S.C. 7384 et seq. ), was originally enacted on October 30, 2000, and the primary responsibility for administering EEOICPA was assigned to the Department of Labor (DOL) by Executive Order 13179 (65 FR 77487). In section 2(c)(vii) of that Executive Order, DOE was directed to publish a list in the Federal Register of Atomic Weapons Employer (AWE) facilities, DOE facilities, and facilities owned and operated by a Beryllium Vendor (as those terms are defined in sections 7384l(5), 7384l(12) and 7384l(6) of EEOICPA, respectively). Pursuant to this direction, DOE published a list of these three types of facilities covered under EEOICPA on January 17, 2001 (66 FR 4003), and subsequently revised and republished the entire list on June 11, 2001 (66 FR 31218), December 27, 2002 (67 FR 79068), July 21, 2003 (68 FR 43095) and August 23, 2004 (69 FR 51825). In subsequent notices published on November 30, 2005 (70 FR 71815), June 28, 2007 (72 FR 35448), April 9, 2009 (74 FR 16191), August 3, 2010 (75 FR 45608), May 26, 2011 (76 FR 30695), February 6, 2012 (77 FR 5781) and February 11, 2013 (78 FR 9678), DOE further revised the August 23, 2004 list by formally removing a total of 16 AWE facilities without republishing the list in its entirety.


[top] Following the amendments to EEOICPA that were enacted as subtitle E of Title XXXI of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Public Law 108-375, 118 Stat. 1811, 2178 (October 28, 2004), OWCP promulgated final regulations governing its expanded responsibilities under EEOICPA on December 29, 2006 (71 FR 78520). One of those regulations, 20 CFR 30.5(x)(2), indicates that OWCP has adopted the list of DOE facilities that was published by DOE on August 23, 2004, and notes that OWCP "will periodically update this list as it deems appropriate in its sole discretion by publishing a revised list of covered [DOE] facilities in the Federal Register ." In making these updates, § 30.5(x)(1) specifies that the Director of OWCP is solely responsible for determining if a particular work site under consideration meets the statutory definition of a page 2736 Department of Energy facility. This sole responsibility is derived from the grant of primary authority to DOL to administer the EEOICPA claims process contained in section 2(a)(i) of Executive Order 13179.

II. Purpose

Since OWCP last published a notice listing all DOE facilities covered under EEOICPA in the April 8, 2013 Federal Register , the Director of OWCP has made a determination regarding the status of a work site in connection with claims filed under EEOICPA. That determination is briefly described in this Supplementary Information and is memorialized in the two updated lists of DOE facilities published by OWCP today.

Specifically, the Director of OWCP has determined that the Haist Property located in Tonawanda, New York, meets the statutory definition of a Department of Energy facility for the purposes of claims filed under EEOICPA, because property records indicate that the Manhattan Engineer District and the Atomic Energy Commission had a proprietary interest in that location until ownership of the work site was transferred to the General Services Administration. In addition, OWCP's research has led the Director to clarify or otherwise modify the designation of another work site that was previously included in OWCP's published lists. That work site, which previously appeared in List 1 under Colorado as the Grand Junction Operations Office, now appears as the Grand Junction Facilities in this publication. This clarification does not have any effect on the status of the work site in question, and is only intended to more precisely identify that facility.

By updating the two lists found below, OWCP is presenting the public with the most current listing of DOE facilities in order to assist potential claimants and their families. OWCP is continuing its efforts in this area as it adjudicates claims filed under EEOICPA, and further revisions of these lists should be expected. Although DOE maintains a Web site ( https://hsspublic.energy.gov/search/facility/findfacility.aspx ) that provides information on AWE facilities, Beryllium Vendor facilities and DOE facilities to the public, the information on that Web site regarding DOE facilities should not be relied upon as it may not be up to date, nor is it binding on OWCP's adjudication of claims filed under EEOICPA. Instead, OWCP is solely authorized to give the public notice of the Director's determinations regarding DOE facilities.

III. Introduction to the Lists

The five complete lists previously published by DOE included all three types of work sites described in Executive Order 13179, i.e., AWE facilities, Beryllium Vendor facilities, and DOE facilities. On the other hand, the lists published on June 23, 2009, November 24, 2010, March 6, 2012, April 8, 2013 and again today by OWCP only include work sites that meet the definition of a Department of Energy facility, because the authority to designate both AWE facilities and Beryllium Vendor facilities has been granted to DOE. However, since some work sites can meet the definition of more than just one type of covered work site during either the same or differing time periods, simply presenting one list of DOE facilities (without also differentiating among them in some easily understood fashion) could lead the reader to wrongly conclude that a listed work site has always been a DOE facility when, in fact, it only had that status during a brief period. To lessen the potential for this type of misunderstanding, OWCP has decided to continue its practice of presenting two separate lists of DOE facilities.

The first list consists exclusively of work sites that have only been DOE facilities for purposes of coverage under EEOICPA, and the second list consists of work sites that have also been at least one other type of covered work site in addition to a DOE facility. To see what other types of covered work sites the DOE facilities appearing in the second list are or have been, readers can refer to the Federal Register notices published by DOE on August 23, 2004 (69 FR 51825), November 30, 2005 (70 FR 71815), June 28, 2007 (72 FR 35448), April 9, 2009 (74 FR 16191), August 3, 2010 (75 FR 45608), May 26, 2011 (76 FR 30695), February 6, 2012 (77 FR 5781) and February 11, 2013 (78 FR 9678). Since covered time periods for a particular DOE facility are statutorily limited to periods during which "operations" are or were performed by or on behalf of DOE (or its predecessor agencies) at that DOE facility, and when DOE (or its predecessor agencies) either had a proprietary interest in the facility or had entered into a particular type of contract with an entity regarding the facility, the lists below include date ranges during which covered employment at each work site could have been performed. These date ranges, however, often do not reflect the exact day and month that a work site either acquired or lost its status as a DOE facility, and are not considered binding on OWCP in its adjudication of individual claims under EEOICPA. Rather, they are presented in this notice for the sole purpose of informing the public of the current results of OWCP's research into the operational histories of these work sites, some of which extend back to the establishment of the Manhattan Engineer District of the U.S. Army Corps of Engineers on August 13, 1942. OWCP's efforts in this area are continuing, and it expects that the date ranges included in this notice will change with the publication of future notices.

DOE facilities appearing on the lists that have undergone environmental remediation at the direction of or directly by DOE are identified by the following symbol-†-after the date range during which such environmental remediation occurred. During those periods, only the work of employees of DOE contractors who actually performed the remediation is "covered work" under EEOICPA.

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Facility name Location Dates
Alaska DOE Facilities
Amchitka Island Nuclear Explosion Site Amchitka Island 1965-9/1973; 5/25/2001-10/13/2001†
Project Chariot Site Cape Thompson 1962; 1993†
California DOE Facilities
Area IV of the Santa Susanna Field Laboratory Ventura County 1955-1988; 1988-Present†
Canoga Complex Los Angeles County 1955-1960
De Soto Complex Los Angeles County 1959-1995; 1998†
Downey Facility Los Angeles County 1948-1955
High Energy Rate Forging (HERF) Facility Oxnard 1984-6/30/1997
Laboratory for Energy-Related Health Research, University of California (Davis) Davis 1958-1989; 1991-Present†
Laboratory of Biomedical and Environmental Sciences, University of California (Los Angeles) Los Angeles 1947-Present
Laboratory of Radiobiology and Environmental Health, University of California (San Francisco) San Francisco 1951-1999
Lawrence Berkeley National Laboratory Berkeley 8/13/1942-Present
Lawrence Livermore National Laboratory Livermore 1950-Present
Sandia National Laboratories, Salton Sea Test Base Imperial County 1946-1961
Sandia National Laboratories-Livermore Livermore 1956-Present
Stanford Linear Accelerator Center, Stanford University Palo Alto 1962-Present
Colorado DOE Facilities
Grand Junction Facilities Grand Junction 8/1943-10/2001; 11/2001-Present†
Project Rio Blanco Nuclear Explosion Site Rifle 1973-1976
Project Rulison Nuclear Explosion Site Grand Valley 1969-1971; 1972-1978†
Rocky Flats Plant Golden 1951-2006
Florida DOE Facilities
Pinellas Plant Clearwater 1957-1997
Hawaii DOE Facilities
Kauai Test Facility, U.S. Navy Pacific Missile Range Kauai 1962-Present
Idaho DOE Facilities
Argonne National Laboratory-West Scoville 1949-2005
Idaho National Laboratory Scoville 1949-Present
Illinois DOE Facilities
Argonne National Laboratory-East Argonne 1946-Present
Fermi National Accelerator Laboratory Batavia 1972-Present
Indiana DOE Facilities
Dana Heavy Water Plant Dana 1943-5/1957
Iowa DOE Facilities
Ames Laboratory, Iowa State University Ames 8/13/1942-Present
Iowa Ordnance Plant (Line 1 and Associated Activities) Burlington 1947-1974
Kentucky DOE Facilities
Paducah Gaseous Diffusion Plant Paducah 1951-7/28/98; 7/29/98-Present†
Massachusetts DOE Facilities
Winchester Engineering and Analytical Center Winchester 1952-1961
Michigan DOE Facilities
Adrian Facility Adrian 5/25/54-1962; 1995†
Minnesota DOE Facilities
Elk River Reactor Elk River 1962-1968
Mississippi DOE Facilities
Salmon Nuclear Explosion Site Hattiesburg 1964-6/29/1972
Missouri DOE Facilities
Kansas City Plant Kansas City 11/5/1948-Present
Mallinckrodt Chemical Co., Destrehan Street Facility St. Louis 8/13/1942-1962; 1995†
St. Louis Airport Storage Site (SLAPS) St. Louis 1/3/1947-1973; 1984-1998
Weldon Spring Plant Weldon Spring 1955-1966; 10/1/1985-2002†
Weldon Spring Quarry Weldon Spring 1958-1966; 1967-10/2002†
Weldon Spring Raffinate Pits Weldon Spring 1955-1966; 1967-2002†
Nebraska DOE Facilities
Hallam Sodium Graphite Reactor Hallam 1960-1971
Nevada DOE Facilities
Nevada Site Office North Las Vegas 3/6/1962-Present
Nevada Test Site Mercury 1951-Present
Project Faultless Nuclear Explosion Site Central Nevada Test Site 1967-1974
Project Shoal Nuclear Explosion Site Fallon 1962-1/31/1964
Tonopah Test Range Tonopah 1956-Present
Yucca Mountain Site Characterization Project Yucca Mountain 1987-Present
New Jersey DOE Facilities
Middlesex Sampling Plant Middlesex 1943-1967; 1980-1982†
New Brunswick Laboratory New Brunswick 1948-1977
Princeton Plasma Physics Laboratory, James Forrestal Campus of Princeton University Princeton 1951-Present
New Mexico DOE Facilities
Albuquerque Operations Office Albuquerque 8/13/1942-Present
Chupadera Mesa White Sands Missile Range 1945
Hangar 481, Kirtland AFB Albuquerque 3/1/1984-2/29/1996
Kirtland Operations Office, Kirtland AFB Albuquerque 1964-Present
Los Alamos Medical Center Los Alamos 1952-1963
Los Alamos National Laboratory Los Alamos 8/13/1942-Present
Lovelace Respiratory Research Institute, Kirtland AFB Albuquerque 1960-6/20/2013
Project Gasbuggy Nuclear Explosion Site Farmington 2/11/1967-1973; 1978; 1992-Present†
Project Gnome Nuclear Explosion Site Carlsbad 7/1/1960-6/1962
Sandia National Laboratories Albuquerque 1945-Present
South Albuquerque Works Albuquerque 1951-1967
Trinity Nuclear Explosion Site, Alamogordo Bombing and Gunnery Range White Sands Missile Range 1945; 1952†; 1967†
Waste Isolation Pilot Plant Carlsbad 3/26/1999-Present
New York DOE Facilities
Brookhaven National Laboratory Upton 1947-Present
Electro Metallurgical Co. Niagara Falls 8/13/1942-1953
Environmental Measurements Laboratory New York 1946-2003
Haist Property Tonawanda 6/25/1943-1948
Lake Ontario Ordnance Works Niagara County 1944-1997
Linde Ceramics Plant (Buildings 30, 31, 37 and 38 only) Tonawanda 11/16/1942-1953; 1988-1992†; 1996†
Peek Street Facility (Knolls Atomic Power Laboratory) Schenectady 1947-1954
Sacandaga Facility Glenville 1947-1953
SAM Laboratories, Columbia University New York 8/13/1942-1947
Separations Process Research Unit (Knolls Atomic Power Laboratory) Schenectady 1950-1965; 2007-2011†
University of Rochester Atomic Energy Project Rochester 1943-1986
Ohio DOE Facilities
Extrusion Plant (Reactive Metals Inc.) Ashtabula 1962-11/1/2006
Feed Materials Production Center (FMPC) Fernald 1951-Present
Dayton Project (Units I, III and IV only) Dayton and Oakwood 7/14/1943-1950
Mound Plant Miamisburg 1947-Present
Piqua Organic Moderated Reactor Piqua 1963-2/28/69
Portsmouth Gaseous Diffusion Plant Piketon 1952-7/28/98; 7/29/98-Present†
Oregon DOE Facilities
Albany Metallurgical Research Center, U.S. Bureau of Mines Albany 1987-1993†; 1995-Present
Pennsylvania DOE Facilities
Shippingport Atomic Power Plant Shippingport 1984-1995†
Puerto Rico DOE Facilities
BONUS Reactor Plant Punta Higuera 1964-1968
Puerto Rico Nuclear Center Mayaguez 1957-1976; 1987†
South Carolina DOE Facilities
Savannah River Site Aiken 1950-Present
Tennessee DOE Facilities
Clarksville Modification Center, Ft. Campbell Clarksville 1949-1967
Clinton Engineer Works (CEW) Oak Ridge 1943-1949
Oak Ridge Gaseous Diffusion Plant (K-25) Oak Ridge 1943-1987; 1988-Present†
Oak Ridge Hospital Oak Ridge 1943-1959
Oak Ridge Institute for Science Education Oak Ridge 1946-Present
Oak Ridge National Laboratory (X-10) Oak Ridge 1943-Present
Office of Scientific and Technical Information (OSTI) Oak Ridge 1957-Present
S-50 Oak Ridge Thermal Diffusion Plant Oak Ridge 1944-1951
Y-12 Plant Oak Ridge 8/13/1942-Present
Texas DOE Facilities
Medina Modification Center San Antonio 1958-1966
Pantex Plant Amarillo 1951-Present
Virginia DOE Facilities
Thomas Jefferson National Accelerator Facility Newport News 1994-Present
Washington DOE Facilities
Hanford Engineer Works Richland 8/13/1942-Present
Pacific Northwest National Laboratory Richland 2005-Present
West Virginia DOE Facilities
Reduction Pilot Plant Huntington 1951-1963; 1978-1979
Wisconsin DOE Facilities
LaCrosse Boiling Water Reactor LaCrosse 1967-1969
Territorial DOE Facilities
Pacific Proving Ground Bikini and Enewetak Atolls (now part of the Republic of the Marshall Islands), Johnston Island and Christmas Island 1946-1962


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Facility name Location Dates
Arizona DOE Facilities
Ore Buying Station at Globe Globe 7/1955-1957
Uranium Mill in Monument Valley Monument Valley 5/1989-2/1990†; 9/1992-5/1994†
Uranium Mill in Tuba City Tuba City 1/1985-2/1986†; 1/1988-4/1990†
California DOE Facilities
General Atomics (Torrey Pines Mesa and Sorrento West) La Jolla 1996-1999†
General Electric Vallecitos Pleasanton 1998-6/7/2010†
Colorado DOE Facilities
Climax Uranium Mill in Grand Junction Grand Junction 12/1988-8/1994†
Green Sludge Plant in Uravan Uravan 1943-1945
New Uranium Mill in Rifle Rifle 9/1988-9/1989†; 4/1992-10/1996†
Old Uranium Mill in Rifle Rifle 9/1988-9/1989†; 4/1992-10/1996†
Uranium Mill in Durango Durango 1948-1953; 10/1986-5/1991†
Uranium Mill in Gunnison Gunnison 9/1991-12/1995†
Uranium Mill in Maybell Maybell 5/1995-9/1998†
Uranium Mill in Naturita Naturita 5/1994-11/1994†; 6/1996-9/1998†
Uranium Mill No. 1 in Slick Rock (East) Slick Rock 1995-1996†
Uranium Mill No. 2 in Slick Rock (West) Slick Rock 1995-1996†
Connecticut DOE Facilities
Connecticut Aircraft Nuclear Engine Laboratory (CANEL) Middletown 1958-7/8/1966
Seymour Specialty Wire Seymour 1992-1993†
Idaho DOE Facilities
Uranium Mill in Lowman Lowman 1992†; 1994-Present
Illinois DOE Facilities
General Steel Industries (South Plant) Granite City 1993†
Metallurgical Laboratory, University of Chicago (Eckhart Hall, Jones Laboratory and Ryerson Hall only) Chicago 1982-1984†; 1987†
National Guard Armory (Washington Park Armory) Chicago 1987†
Massachusetts DOE Facilities
Chapman Valve Manufacturing Co Indian Orchard 1995†
Hood Building Cambridge 1946-1963
Ventron Corporation Beverly 1986†; 1996-1997†
Missouri DOE Facilities
Latty Avenue Properties Hazelwood 1984-1986†
New Jersey DOE Facilities
Du Pont Deepwater Works Deepwater 1996†
Kellex/Pierpont Jersey City 1979-1980†
Middlesex Municipal Landfill Middlesex 1984†; 1986†
Rare Earths/W.R. Grace Wayne 1985-1987†
New Mexico DOE Facilities
Ore Buying Station at Grants Grants 7/1956-1958
Ore Buying Station at Shiprock Shiprock 7/1952-1/1954
Uranium Mill in Ambrosia Lake Ambrosia Lake 7/1987-4/1989†; 10/1992-7/1995†
Uranium Mill in Shiprock Shiprock 10/1984-11/1986†
New York DOE Facilities
Baker and Williams Warehouses (Pier 38) New York 1991-1993†
Colonie Interim Storage Site (National Lead Co.) Colonie 1984-1998†
West Valley Demonstration Project West Valley 1980-Present
Ohio DOE Facilities
Alba Craft Oxford 1994-1995†
Associated Aircraft Tool and Manufacturing Co Fairfield 1994-1995†
B & T Metals Columbus 1996†
Baker Brothers Toledo 1995†
Battelle Laboratories-King Avenue Columbus 1986-2000†
Battelle Laboratories-West Jefferson Columbus 1986-Present†
Beryllium Production Plant (Brush Luckey Plant) Luckey 1949-1961; 1992-Present†
General Electric Co. (Ohio) Cincinnati/Evendale 1961-6/30/1970
Herring-Hall Marvin Safe Co. Hamilton 1994-1995†
Oregon DOE Facilities
Uranium Mill and Disposal Cell in Lakeview Lakeview 1986-1989†
Pennsylvania DOE Facilities
Aliquippa Forge Aliquippa 1988†; 1993-1994†
C.H. Schnorr & Company Springdale 1994†
Vitro Manufacturing (Canonsburg) Canonsburg 1983-1985†; 1996†
South Dakota DOE Facilities
Ore Buying Station at Edgemont Edgemont 11/1952-7/12/1956
Texas DOE Facilities
Uranium Mill in Falls City Falls City 1/1992-6/1994†
Utah DOE Facilities
Ore Buying Station at Marysvale Marysvale 3/1950-1957
Ore Buying Station at Moab Moab 5/1954-1960
Ore Buying Station at White Canyon White Canyon 10/1954-1957
Uranium Mill in Mexican Hat Mexican Hat 7/1987-10/1987†; 9/1992-2/1995†
Uranium Mill in Moab (Atlas Site) Moab 2001-Present
Uranium Mill in Monticello Monticello 1948-6/2000
Wyoming DOE Facilities
Ore Buying Station at Crooks Gap Crooks Gap 12/1956-7/1957
Ore Buying Station at Riverton Riverton 3/1955-1957
Uranium Mill in Converse County (Spook Site) Converse County 4/1989-9/1989†
Uranium Mill in Riverton Riverton 5/1988-9/1990†
† Denotes a period of environmental remediation.


Signed at Washington, DC, this 31st day of December, 2014.

Gary A. Steinberg,

Acting Director, Office of Workers' Compensation Programs.

[FR Doc. 2015-00784 Filed 1-16-15; 8:45 am]

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