2018-24202. Energy Employees Occupational Illness Compensation Program Act of 2000, as Amended

AGENCY:

Office of Workers' Compensation Programs, Labor Department.

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).

DATES:

This notice revises and republishes the listing of DOE facilities that was last published by OWCP on January 20, 2015 (80 FR 2735) to include additional determinations made on this subject through November 5, 2018.

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 [e-mail]. You should include “DOE facilities list” in the subject line of any email containing comments on this list.

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: [phone] (this is not a toll-free number).

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The Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (42 U.S.C. 7384 et seq.), was originally enacted on October 30, 2000, and the primary responsibility for administering EEOICPA was assigned to the Department of Labor (DOL) by Executive Order 13179 (65 FR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), February 11, 2013 (78 FR 9678), July 16, 2015 (80 FR 42094) and February 17, 2016 (81 FR 8060), DOE further revised the August 23, 2004 list by removing a total of 21 AWE facilities, and formally designating one additional AWE facility, 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 January 20, 2015 Federal Register, the Director of OWCP has made a number of determinations in connection with claims filed under EEOICPA. Those determinations are briefly described in this Supplementary Information and are memorialized in the two updated lists of DOE facilities published by OWCP today.

Specifically, the Director of OWCP has determined that the Enewetak RADLAB, located on Enewetak Atoll and now within the Republic of the Marshall Islands, meets the definition of a Department of Energy facility for the purposes of claims filed under EEOICPA because a predecessor agency of DOE entered into a contract with an entity to provide radiological support during the remediation of the Pacific Proving Ground by the Defense Department. In addition, OWCP's research has led the Director to clarify or otherwise modify the designation of two other work sites that have appeared in OWCP's prior published lists. The first of these appears in List 1 published below as the Dayton Project, and the Director has modified the designation for this multiple-location work site so it includes another location in Dayton, Ohio known as floors 4, 5 and 6 of the Warehouse located at 601 East Third Street because OWCP's research shows that the DOE contractor for the Dayton Project also performed work under a contract with a predecessor agency of DOE at that additional location. This expansion does not have any effect on the other locations associated with the Dayton Project, or on the covered time period for the Dayton Project. The Director has also clarified the designation of a second work site, which previously appeared in List 1 as the Stanford Linear Accelerator Center, Stanford University in Palo Alto, California. This work site now appears as the SLAC National Accelerator Laboratory in Menlo Park, California 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 and its location. And finally, OWCP has moved one work site that appeared in previous publications in List 2 to List 1 in this publication. The Middlesex Municipal Landfill in Middlesex, New Jersey now appears in the list of work sites that have only been DOE facilities following DOE's decision to remove that work site's status as an AWE facility in its July 16, 2015 Federal Register notice. This move from List 2 to List 1 does not have any effect on the status of the work site as a Department of Energy facility for remediation purposes in 1984 and 1986.

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 website (https://ehss.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 website 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, January 20, 2015 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), February 11, 2013 (78 FR 9678), July 16, 2015 (80 FR 42094) and February 17, 2016 (81 FR 8060). 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	1965-9/30/1973; 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.
SLAC National Accelerator Laboratory	Menlo Park	1962-Present.
Colorado DOE Facilities
Grand Junction Facilities	Grand Junction	8/1/1943-10/30/2001; 11/1/2001-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; 1999†; 2008-2009.†
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	1967-Present.
Indiana DOE Facilities
Dana Heavy Water Plant	Dana	1943-5/31/1957.
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; 7/29/98-10/20/14†; 10/21/14-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; 1967-10/31/2002.†
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	195-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 Municipal Landfill	Middlesex	1984†; 1986.†
Middlesex Sampling Plant	Middlesex	1943-1967; 1980-1982†; 4/1/1986-8/30/1986.†
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	7/1/1960-6/30/1962.
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
Dayton Project (Units I, III, IV and floors 4, 5 and 6 of the Warehouse only)	Dayton and Oakwood	7/14/1943-1950.
Extrusion Plant (Reactive Metals Inc.)	Ashtabula	1962-11/1/2006.
Feed Materials Production Center (FMPC)	Fernald	1951-Present.
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; 11/27/1978-5/18/1979.†
Wisconsin DOE Facilities
LaCrosse Boiling Water Reactor	LaCrosse	1967-1969.
Territorial DOE Facilities
Enewetak RADLAB	Enewetak Atoll (now part of the Republic of the Marshall Islands)	2/16/1977-9/30/1979.
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	7/1/1955-1957.
Uranium Mill in Monument Valley	Monument Valley	5/1/1989-2/28/1990 †; 9/1/1992-5/31/1994.†
Uranium Mill in Tuba City	Tuba City	1/1/1985-2/28/1986 †; 1/1/1988-4/30/1990.†
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	12/1/1988-8/31/1994.†
Green Sludge Plant in Uravan	Uravan	1943-1945.
New Uranium Mill in Rifle	Rifle	9/1/1988-9/30/1989 †; 4/1/1992-10/31/1996.†
Old Uranium Mill in Rifle	Rifle	9/1/1988-9/30/1989 †; 4/1/1992-10/31/1996.†
Uranium Mill in Durango	Durango	1948-1953; 10/1/1986-5/31/1991.†
Uranium Mill in Gunnison	Gunnison	9/1/1991-12/31/1995.†
Uranium Mill in Maybell	Maybell	5/1/1995-9/30/1998.†
Uranium Mill in Naturita	Naturita	5/1/1994-11/30/1994 †; 6/1/1996-9/30/1998.†
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 †; 9/1/1995-3/30/1997.†
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.†
Rare Earths/W.R. Grace	Wayne	1985-1987.†
New Mexico DOE Facilities
Ore Buying Station at Grants	Grants	7/1/1956-1958.
Ore Buying Station at Shiprock	Shiprock	7/1/1952-1/31/1954.
Uranium Mill in Ambrosia Lake	Ambrosia Lake	7/1/1987-4/30/1989 †; 10/1/1992-7/31/1995.†
Uranium Mill in Shiprock	Shiprock	10/1/1984-11/30/1986.†
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	11/1/1952-7/12/1956.
Texas DOE Facilities
Uranium Mill in Falls City	Falls City	1/1/1992-6/30/1994.†
Utah DOE Facilities
Ore Buying Station at Marysvale	Marysvale	3/1/1950-1957.
Ore Buying Station at Moab	Moab	5/1/1954-1960.
Ore Buying Station at White Canyon	White Canyon	10/1/1954-1957.
Uranium Mill in Mexican Hat	Mexican Hat	7/1/1987 -10/31/1987†; 9/1/1992-2/28/1995.†
Uranium Mill in Moab (Atlas Site)	Moab	2001-Present.
Uranium Mill in Monticello	Monticello	1948-6/30/2000.
Wyoming DOE Facilities
Ore Buying Station at Crooks Gap	Crooks Gap	12/1/1956-7/31/1957.
Ore Buying Station at Riverton	Riverton	3/1/1955-1957.
Uranium Mill in Converse County (Spook Site)	Converse County	4/1/1989-9/30/1989.†
Uranium Mill in Riverton	Riverton	5/1/1988-9/30/1990.†
† Denotes a period of environmental remediation.

Signed at Washington, DC, on October 30, 2018.

Julia K. Hearthway,

Director, Office of Workers' Compensation Programs.