74 FR 119 pgs. 29722-29728 - Energy Employees Occupational Illness Compensation Program Act of 2000, as amended
Type: NOTICEVolume: 74Number: 119Pages: 29722 - 29728
FR document: [FR Doc. E9-14687 Filed 6-22-09; 8:45 am]
Agency: Labor Department
Sub Agency: Workers Compensation Programs Office
Official PDF Version: PDF Version
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, Employment Standards Administration, 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 the listing of DOE facilities that was included as part of the list of covered facilities last published by DOE on August 23, 2004 (69 FR 51825) to include the determinations made by OWCP on this subject through June 23, 2009.
FOR FURTHER INFORMATION CONTACT:
Shelby Hallmark, Director, Office of Workers' Compensation Programs, Employment Standards Administration, U.S. Department of Labor, Room S-3524, 200 Constitution Avenue, NW., Washington, DC 20210. Telephone: 202-693-0031 (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: Division of Energy Employees Occupational Illness Compensation, Office of Workers' Compensation Programs, Employment Standards Administration, U.S. Department of Labor, Room C-3321, 200 Constitution Avenue, NW., Washington, DC 20210. You may also suggest changes to this list by e-mail at DEEOIC-Public@dol.gov. You should include "DOE facilities list" in the subject line of any e-mail 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 ), was originally enacted on October 30, 2000. Primary responsibility for administration of EEOICPA was assigned to the Department of Labor (DOL) by Executive Order 13179 ("Providing Compensation to America's Nuclear Weapons Workers") of December 7, 2000 (65 FR 77487). In section 2(c)(vii) of that Order, DOE was directed to "publish in the Federal Register a list of atomic weapons employer facilities within the meaning of section [7384l(5)] of the Act, Department of Energy employer facilities within the meaning of section [7384l(12)] of the Act, and a list of facilities owned and operated by a beryllium vendor, within the meaning of section [7384l(6)] of the Act." Pursuant to this direction, DOE initially published a list of all 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 notices published on November 30, 2005 (70 FR 71815), June 28, 2007 (72 FR 35448) and April 9, 2009 (74 FR 16191), DOE further revised the list by formally removing a total of ten atomic weapons employer facilities from it without republishing the list in its entirety.
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), DOL promulgated interim final and final regulations governing its expanded responsibilities under EEOICPA on June 8, 2005 (70 FR 33590) and December 29, 2006 (71 FR 78520). One of these regulations, 20 CFR 30.5(x)(2), indicates that DOL has adopted the list of DOE facilities that was published by DOE on August 23, 2004, and notes that "DOL 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 responsible for determining whether or not a particular work site under consideration meets the definition of a 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 DOE last published a list of all three types of facilities covered under EEOICPA in the Federal Register on August 23, 2004, the Director of OWCP has made a number of determinations regarding the status of work sites in connection with claims filed under EEOICPA. Those determinations are described in this Supplementary Information and are memorialized in the lists that follow. Six new sites have been added to the lists of DOE facilities published today: Two in New Mexico, two in Tennessee, one in Utah and one in Massachusetts. The two added in New Mexico are the Kirtland Operations Office at Kirtland Air Force Base (AFB) in Albuquerque, and Hangar 481 at Kirtland AFB. The two added in Tennessee are the former Clinton Engineer Works in Oak Ridge and the Office of Scientific and Technical Information also in Oak Ridge, the one added in Utah is the Uranium Mill in Moab, and the one added in Massachusetts is the former Hood Building in Cambridge.
OWCP's research has also led it to rename or otherwise modify the designation of a few work sites that were previously included by DOE in its Federal Register lists. The Huntington Pilot Plant in Huntington, West Virginia now appears in these lists as the Reduction Pilot Plant; however, only the name of this facility has changed. Second, the Energy Technology Engineering Center (ETEC), a facility with multiple locations in both Los Angeles and Ventura Counties, California has been divided into separate contiguous facilities and appears in the lists published today as the following four facilities-Area IV of the Santa Susana Field Laboratory in Ventura County; and the Canoga Complex, the De Soto Complex and the Downey Facility in Los Angeles County. Third, OWCP has determined that four of the five buildings (Buildings 30, 31, 37 and 38, but not 14) known collectively as the Linde Ceramics Plant in Tonawanda, New York, which were previously designated by DOE as an Atomic Weapons Employer (AWE) facility, actually constitute their own separate DOE facility. Fourth, OWCP has determined that Atomics International in Los Angeles County, California will no longer be considered to be a DOE facility; this action has no effect on the site's status as a statutory Beryllium Vendor facility. And finally, OWCP has determined that the previous DOE facility known as Gilman Hall, University of California in Berkeley, California, will no longer be considered a DOE facility because the University of California is the managing and operating contractor for the Lawrence Berkeley National Laboratory rather than a work site.
By incorporating these changes into 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 research efforts in this area, and further revisions of these lists should be expected. While DOE maintains a Web site ( http://www.hss.energy.gov/healthsafety/fwsp/advocacy/faclist/findfacility.cfm ) 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 in its adjudication of any claims filed under EEOICPA. Instead, OWCP is solely authorized to give the public notice of 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. The lists published today by OWCP, however, only include work sites that meet the statutory definition of a Department of Energy facility found at section 7384l(12) of EEOICPA, because the authority to designate AWE facilities and Beryllium Vendor facilities has been granted to DOE, not DOL, pursuant to section 7384l(4)(B) of EEOICPA and section 2(c)(iv) of Executive Order 13179. However, since some work sites can meet the definition of more than one type of covered work site during either consecutive or concurrent 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 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 present 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) and April 9, 2009 (74 FR 16191). Because coverage under EEOICPA for DOE facilities is limited to periods during which "operations" were performed by or on behalf of DOE (or its predecessor agencies), and when DOE either had a proprietary interest in the site or had entered into a particular type of contract with an entity at the site, the lists below include date ranges during which covered employment at each site could have been performed. These date ranges, however, are not considered binding on OWCP in its adjudication of individual claims under EEOICPA and 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 research efforts in this area are continuing, and it expects that the date ranges currently 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 with such environmental remediation occurred.
| Facility name | Location | Dates |
|---|---|---|
| Alaska DOE Facilities | ||
| Amchitka Nuclear Explosion Site | Amchitka Island | 1965-1972; 1995-Present†. |
| 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. |
| 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 | 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 Operations Office | Grand Junction | 1943-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 | Mid 1970's-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 | 1943-1957. |
| Iowa DOE Facilities | ||
| Ames Laboratory, Iowa State University | Ames | 1942-Present. |
| Iowa Ordnance Plant (Iowa Army Ammunition Plant) | 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. |
| Minnesota DOE Facilities | ||
| Elk River Reactor | Elk River | 1962-1968. |
| Mississippi DOE Facilities | ||
| Salmon Nuclear Explosion Site | Hattiesburg | 1964-1972. |
| Missouri DOE Facilities | ||
| Kansas City Plant | Kansas City | 1949-Present. |
| Mallinckrodt Chemical Co., Destrehan Street Facility | St. Louis | 1942-1962; 1995†. |
| Weldon Spring Plant | Weldon Spring | 1955-1967; 1975-Present†. |
| Nebraska DOE Facilities | ||
| Hallam Sodium Graphite Reactor | Hallam | 1960-1971. |
| Nevada DOE Facilities | ||
| Nevada Operations Office | North Las Vegas | 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 | 1962-1964. |
| 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 | 1942-Present. |
| Chupadera Mesa | White Sands Missile Range | 1945. |
| Kirtland Operations Office, Kirtland AFB | Albuquerque | 1982-1984; 1988-1998. |
| Los Alamos Medical Center | Los Alamos | 1952-1963. |
| Los Alamos National Laboratory | Los Alamos | 1942-Present. |
| Lovelace Respiratory Research Institute, Kirtland AFB | Albuquerque | 1960-Present. |
| Project Gasbuggy Nuclear Explosion Site | Farmington | 1967-1973; 1978; 1992-Present†. |
| Project Gnome Nuclear Explosion Site | Carlsbad | 1960-1962. |
| Hangar 481, Kirtland AFB | Albuquerque | 1989-1996. |
| Sandia National Laboratories | Albuquerque | 1949-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 | 1999-Present. |
| New York DOE Facilities | ||
| Brookhaven National Laboratory | Upton | 1947-Present. |
| Electro Metallurgical Co. | Niagara Falls | 1942-1953. |
| Environmental Measurements Laboratory | New York | 1946-2003. |
| Lake Ontario Ordnance Works | Niagara County | 1944-1997. |
| Linde Ceramics Plant (Buildings 30, 31, 37, 38 only) | Tonawanda | 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 | 1942-1947. |
| Separations Process Research Unit (Knolls Atomic Power Laboratory) | Schenectady | 1950-1965. |
| University of Rochester Atomic Energy Project | Rochester | 1943-1986. |
| Ohio DOE Facilities | ||
| Extrusion Plant (Reactive Metals Inc.) | Ashtabula | 1962-Present. |
| Feed Materials Production Center (FMPC) | Fernald | 1951-Present. |
| Mound Plant | Miamisburg | 1947-Present. |
| Piqua Organic Moderated Reactor | Piqua | 1963-1966. |
| Portsmouth Gaseous Diffusion Plant | Piketon | 1952-7/28/98; 7/29/98-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 | 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 | 1942-Present. |
| Pacific Northwest National Laboratory | Richland | 1965-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 Republic of the Marshall Islands), Johnston Island and Christmas Island | 1946-1962. |
| Facility name | Location | Dates |
|---|---|---|
| Arizona DOE Facilities | ||
| Ore Buying Station at Globe | Globe | 1955-1957. |
| California DOE Facilities | ||
| General Atomics (Torrey Pines Mesa and Sorrento West) | La Jolla | 1996-1999†. |
| General Electric Vallecitos | Pleasanton | 1981-1982; 1998-Present†. |
| Colorado DOE Facilities | ||
| Green Sludge Plant in Uravan | Uravan | 1943-1945. |
| Uranium Mill in Durango | Durango | 1948-1963; 1986-1991. |
| Connecticut DOE Facilities | ||
| Connecticut Aircraft Nuclear Engine Laboratory (CANEL) | Middletown | 1958-1965. |
| Seymour Specialty Wire | Seymour | 1992-1993†. |
| Illinois DOE Facilities | ||
| General Steel Industries (South Plant) | Granite City | 1993†. |
| Metallurgical Laboratory, University of Chicago (Eckert Hall, Jones Laboratory, Kent Laboratory and Ryerson Hall) | Chicago | 1982-1983; 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†. |
| Michigan DOE Facilities | ||
| Bridgeport Brass Co. | Adrian | 1995†. |
| Missouri DOE Facilities | ||
| Latty Avenue Properties | Hazelwood | 1984-1986†. |
| New Jersey DOE Facilities | ||
| Du Pont Deepwater Works | Deepwater | 1996†. |
| Kellex Corp./Pierpont Assoc. | 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 | 1956-1958. |
| Ore Buying Station at Shiprock | Shiprock | 1952-1954. |
| New York DOE Facilities | ||
| Baker and Williams Warehouses (Pier 38) | New York | 1991-1993†. |
| Colonie Interim Storage Site (National Lead Co.) | Colonie (Albany) | 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†. |
| 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 | 1961-1970. |
| Herring-Hall Marvin Safe Co. | Hamilton | 1994-1995†. |
| Oregon DOE Facilities | ||
| Albany Metallurgical Research Center, U.S. Bureau of Mines | Albany | 1987-1993†; 1995-Present. |
| Pennsylvania DOE Facilities | ||
| Aliquippa Forge | Aliquippa | 1988; 1993-1994†. |
| C.H. Schnorr Company | Springdale | 1994. |
| South Dakota DOE Facilities | ||
| Ore Buying Station at Edgemont | Edgemont | 1952-1956. |
| Utah DOE Facilities | ||
| Ore Buying Station at Marysvale | Marysvale | 1950-1957. |
| Ore Buying Station at Moab | Moab | 1954-1960. |
| Ore Buying Station at Monticello | Monticello | 1948-1962. |
| Ore Buying Station at White Canyon | White Canyon | 1954-1957. |
| Uranium Mill in Moab | Moab | 2001-Present. |
| Uranium Mill in Monticello | Monticello | 1948-1960. |
| Wyoming DOE Facilities | ||
| Ore Buying Station at Crooks Gap | Crooks Gap | 1956-1957. |
| Ore Buying Station at Riverton | Riverton | 1955-1957. |
| † Denotes a period of environmental remediation. | ||
Signed at Washington, DC, this 17th day of June, 2009.
Shelby Hallmark,
Acting Assistant Secretary for Employment Standards.
[FR Doc. E9-14687 Filed 6-22-09; 8:45 am]
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