# Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A2015-00784 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** January 20, 2015 - **Citation:** 80 FR 2735 ## Text 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 ), was originally enacted on October 30, 2000, and the primary responsibility for administering EEOICPA was assigned to the Department of Labor (DOL) by Executive Order 13179 (65 FR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. 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 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. List 1—Work Sites That Are/Were DOE Facilities Exclusively 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 List 2—Work Sites That Are/Were DOE Facilities (for the Years Identified in The Last Column Only) and Also Another Type of EEOICPA-Covered Facility 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] BILLING CODE 4510-CR-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A2015-00784. Public record. Not legal advice.