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

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), was originally enacted on October 30, 2000.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.

List 1: Work Sites That Are/Were DOE Facilities Exclusively

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.

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

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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