E9-14687. 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: [phone] (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 [e-mail]. 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The Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (42 U.S.C. 7384 et seq.), was originally enacted on October 30, 2000.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.