# 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%3AE9-14687 ## Record - **Collection:** Federal Register - **Document type:** Notice - **Published:** June 23, 2009 - **Citation:** 74 FR 29722 ## 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, 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 ), was originally enacted on October 30, 2000.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] BILLING CODE 4510-CR-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3AE9-14687. Public record. Not legal advice.