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

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Office of Workers' Compensation Programs, Labor.

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Notice of revision of listing of covered Department of Energy facilities.


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 last published by OWCP on June 23, 2009 (74 FR 29722) to include additional determinations made on this subject through November 24, 2010.

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Rachel P. Leiton, Director of the 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).

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

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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The Energy Employees Occupational Illness Compensation Program Act of 2000, as amended (42 U.S.C. 7384 et seq.), was originally enacted on October 30, 2000, and primary responsibility for administration of EEOICPA was assigned to the Department of Labor (DOL) by Executive Order 13179 (65 FR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 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 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 subsequent notices published on November 30, 2005 (70 FR 71815), June 28, 2007 (72 FR 35448), April 9, 2009 (74 FR 16191) and August 3, 2010 (75 FR 45608), DOE further revised the August 23, 2004 list of all three types of covered facilities by formally removing a total of twelve Atomic Weapons Employer (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), DOL 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 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 solely responsible for determining if 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 OWCP last published a notice listing all DOE facilities covered under EEOICPA in the Federal Register on June 23, 2009, the Director of OWCP has determined, in connection with claims filed under EEOICPA, that three additional work sites meet the statutory definition of a Department of Energy facility. These determinations are briefly described in this SUPPLEMENTARY INFORMATION and are memorialized in the two updated lists of DOE facilities published today. The new work sites determined by the Director to be DOE facilities are the High Energy Rate Forging Facility in Oxnard, California, the St. Louis Airport Storage Site in St. Louis, Missouri, and the B & T Metals facility in Columbus, Ohio. In addition, the names of two facilities that appeared on OWCP's prior notice have been clarified in this publication. The facility listed as the Iowa Ordnance Plant (Iowa Army Ammunition Plant) on the prior notice now appears as the Iowa Ordnance Plant (Line 1 and Associated Activities) in this notice, and the Metallurgical Laboratory, University of Chicago (Eckert Hall, Jones Laboratory, Kent Laboratory and Ryerson Hall) now appears as the Metallurgical Laboratory, University of Chicago (Eckhart Hall, Jones Laboratory and Ryerson Hall only). These clarifications do not have any effect on the status of this work sites, and are only intended to more precisely identify the facilities in question.

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 (​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 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. However, the lists published on June 23, 2009 and again today by OWCP only include work sites that meet the 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 just 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 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 Start Printed Page 71739to 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) and August 3, 2010 (75 FR 45608). Since 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 (or its predecessor agencies) 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 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.

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

Facility nameLocationDates
Alaska DOE Facilities
Amchitka Nuclear Explosion SiteAmchitka Island1965-1973; 2001.†
Project Chariot SiteCape Thompson1962; 199.3.†
California DOE Facilities
Area IV of the Santa Susanna Field LaboratoryVentura County1955-1988; 1988-Present.†
Canoga ComplexLos Angeles County1955-1960.
De Soto ComplexLos Angeles County1959-1995; 1998.†
Downey FacilityLos Angeles County1948-1955.
High Energy Rate Forging (HERF) FacilityOxnard1984-1997.
Laboratory for Energy-Related Health Research, University of California (Davis)Davis1958-1989; 1991-Present.†
Laboratory of Biomedical and Environmental Sciences, University of California (Los Angeles)Los Angeles1947-Present.
Laboratory of Radiobiology and Environmental Health, University of California (San Francisco)San Francisco1951-1999.
Lawrence Berkeley National LaboratoryBerkeley1942-Present.
Lawrence Livermore National LaboratoryLivermore1950-Present.
Sandia National Laboratories, Salton Sea Test BaseImperial County1946-1961.
Sandia National Laboratories-LivermoreLivermore1956-Present.
Stanford Linear Accelerator Center, Stanford UniversityPalo Alto1962-Present.
Colorado DOE Facilities
Grand Junction Operations OfficeGrand Junction1943-Present.
Project Rio Blanco Nuclear Explosion SiteRifle1973-1976.
Project Rulison Nuclear Explosion SiteGrand Valley1969-1971; 1972-1978.†
Rocky Flats PlantGolden1951-2006.
Florida DOE Facilities
Pinellas PlantClearwater1957-1997.
Hawaii DOE Facilities
Kauai Test Facility, U.S. Navy Pacific Missile RangeKauaiMid 1970's-Present.
Idaho DOE Facilities
Argonne National Laboratory-WestScoville1949-2005.
Idaho National LaboratoryScoville1949-Present.
Illinois DOE Facilities
Argonne National Laboratory-EastArgonne1946-Present.
Fermi National Accelerator LaboratoryBatavia1972-Present.
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Indiana DOE Facilities
Dana Heavy Water PlantDana1943-1957.
Iowa DOE Facilities
Ames Laboratory, Iowa State UniversityAmes1942-Present.
Iowa Ordnance Plant (Line 1 and Associated Activities)Burlington1947-1974.
Kentucky DOE Facilities
Paducah Gaseous Diffusion PlantPaducah1951-7/28/98; 7/29/98-Present.†
Massachusetts DOE Facilities
Winchester Engineering and Analytical CenterWinchester1952-1961.
Minnesota DOE Facilities
Elk River ReactorElk River1962-1968.
Mississippi DOE Facilities
Salmon Nuclear Explosion SiteHattiesburg1964-1972.
Missouri DOE Facilities
Kansas City PlantKansas City1949-Present.
Mallinckrodt Chemical Co., Destrehan Street FacilitySt. Louis1942-1962; 1995.†
St. Louis Airport Storage Site (SLAPS)St. Louis1947-1973; 1984-1998.
Weldon Spring PlantWeldon Spring1955-1967; 1975-Present.†
Nebraska DOE Facilities
Hallam Sodium Graphite ReactorHallam1960-1971.
Nevada DOE Facilities
Nevada Operations OfficeNorth Las Vegas1962-Present.
Nevada Test SiteMercury1951-Present.
Project Faultless Nuclear Explosion SiteCentral Nevada Test Site1967-1974.
Project Shoal Nuclear Explosion SiteFallon1962-1964.
Tonopah Test RangeTonopah1956-Present.
Yucca Mountain Site Characterization ProjectYucca Mountain1987-Present.
New Jersey DOE Facilities
Middlesex Sampling PlantMiddlesex1943-1967; 1980-1982.†
New Brunswick LaboratoryNew Brunswick1948-1977.
Princeton Plasma Physics Laboratory, James Forrestal Campus of Princeton UniversityPrinceton1951-Present.
New Mexico DOE Facilities
Albuquerque Operations OfficeAlbuquerque1942-Present.
Chupadera MesaWhite Sands Missile Range1945.
Hangar 481, Kirtland AFBAlbuquerque1989-1996.
Kirtland Operations Office, Kirtland AFBAlbuquerque1964-Present.
Los Alamos Medical CenterLos Alamos1952-1963.
Los Alamos National LaboratoryLos Alamos1942-Present.
Lovelace Respiratory Research Institute, Kirtland AFBAlbuquerque1960-Present.
Project Gasbuggy Nuclear Explosion SiteFarmington1967-1973; 1978; 1992-Present.†
Project Gnome Nuclear Explosion SiteCarlsbad1960-1962.
Sandia National LaboratoriesAlbuquerque1949-Present.
South Albuquerque WorksAlbuquerque1951-1967.
Trinity Nuclear Explosion Site, Alamogordo Bombing and Gunnery RangeWhite Sands Missile Range1945; 1952†; 1967.†
Waste Isolation Pilot PlantCarlsbad1999-Present.
New York DOE Facilities
Brookhaven National LaboratoryUpton1947-Present.
Electro Metallurgical Co.Niagara Falls1942-1953.
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Environmental Measurements LaboratoryNew York1946-2003.
Lake Ontario Ordnance WorksNiagara County1944-1997.
Linde Ceramics Plant (Buildings 30, 31, 37, 38 only)Tonawanda1942-1953; 1988-1992†; 1996.†
Peek Street Facility (Knolls Atomic Power Laboratory)Schenectady1947-1954.
Sacandaga FacilityGlenville1947-1953.
SAM Laboratories, Columbia UniversityNew York1942-1947.
Separations Process Research Unit (Knolls Atomic Power Laboratory)Schenectady1950-1965.
University of Rochester Atomic Energy ProjectRochester1943-1986.
Ohio DOE Facilities
Extrusion Plant (Reactive Metals Inc.)Ashtabula1962-Present.
Feed Materials Production Center (FMPC)Fernald1951-Present.
Mound PlantMiamisburg1947-Present.
Piqua Organic Moderated ReactorPiqua1963-1969.
Portsmouth Gaseous Diffusion PlantPiketon1952-7/28/98; 7/29/98-Present.†
Oregon DOE Facilities
Albany Metallurgical Research Center, U.S. Bureau of MinesAlbany1987-1993†; 1995-Present.
Pennsylvania DOE Facilities
Shippingport Atomic Power PlantShippingport1984-1995.†
Puerto Rico DOE Facilities
BONUS Reactor PlantPunta Higuera1964-1968.
Puerto Rico Nuclear CenterMayaguez1957-1976; 1987.†
South Carolina DOE Facilities
Savannah River SiteAiken1950-Present.
Tennessee DOE Facilities
Clarksville Modification Center, Ft. CampbellClarksville1949-1967.
Clinton Engineer Works (CEW)Oak Ridge1943-1949.
Oak Ridge Gaseous Diffusion Plant (K-25)Oak Ridge1943-1987; 1988-Present.†
Oak Ridge HospitalOak Ridge1943-1959.
Oak Ridge Institute for Science EducationOak Ridge1946-Present.
Oak Ridge National Laboratory (X-10)Oak Ridge1943-Present.
Office of Scientific and Technical Information (OSTI)Oak Ridge1957-Present.
S-50 Oak Ridge Thermal Diffusion PlantOak Ridge1944-1951.
Y-12 PlantOak Ridge1942-Present.
Texas DOE Facilities
Medina Modification CenterSan Antonio1958-1966.
Pantex PlantAmarillo1951-Present.
Virginia DOE Facilities
Thomas Jefferson National Accelerator FacilityNewport News1994-Present.
Washington DOE Facilities
Hanford Engineer WorksRichland1942-Present.
Pacific Northwest National LaboratoryRichland1965-Present.
West Virginia DOE Facilities
Reduction Pilot PlantHuntington1951-1963; 1978-1979.
Wisconsin DOE Facilities
LaCrosse Boiling Water ReactorLaCrosse1967-1969.
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Territorial DOE Facilities
Pacific Proving GroundBikini 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 nameLocationDate
Arizona DOE Facilities
Ore Buying Station at GlobeGlobe1955-1957.
California DOE Facilities
General Atomics (Torrey Pines Mesa and Sorrento West)La Jolla1996-1999.†
General Electric VallecitosPleasanton1998-Present.†
Colorado DOE Facilities
Green Sludge Plant in UravanUravan1943-1945.
Uranium Mill in DurangoDurango1948-1953.
Connecticut DOE Facilities
Connecticut Aircraft Nuclear Engine Laboratory (CANEL)Middletown1958-1966.
Seymour Specialty WireSeymour1992-1993.†
Illinois DOE Facilities
General Steel Industries (South Plant)Granite City1993.†
Metallurgical Laboratory, University of Chicago (Eckhart Hall, Jones Laboratory and Ryerson Hall only)Chicago1982-1984†; 1987.†
National Guard Armory (Washington Park Armory)Chicago1987.†
Massachusetts DOE Facilities
Chapman Valve Manufacturing Co.Indian Orchard1995.†
Hood BuildingCambridge1946-1963.
Ventron CorporationBeverly1986; 1996-1997.†
Michigan DOE Facilities
Bridgeport Brass CoAdrian1976†; 1995.†
Missouri DOE Facilities
Latty Avenue PropertiesHazelwood1984-1986.†
New Jersey DOE Facilities
Du Pont Deepwater WorksDeepwater1996.†
Kellex/PierpontJersey City1979-1980.†
Middlesex Municipal LandfillMiddlesex1984; 1986.
Rare Earths/W.R. GraceWayne1985-1987.
New Mexico DOE Facilities
Ore Buying Station at GrantsGrants1956-1958.
Ore Buying Station at ShiprockShiprock1952-1954.
New York DOE Facilities
Baker and Williams Warehouses (Pier 38)New York1991-1993.†
Colonie Interim Storage Site (National Lead Co.)Colonie (Albany)1984-1998.
West Valley Demonstration ProjectWest Valley1980-Present.
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Ohio DOE Facilities
Alba CraftOxford1994-1995.†
Associated Aircraft Tool and Manufacturing Co.Fairfield1994-1995.†
B & T MetalsColumbus1996.†
Baker BrothersToledo1995.†
Battelle Laboratories-King AvenueColumbus1986-2000.
Battelle Laboratories-West JeffersonColumbus1986-Present.†
Beryllium Production Plant (Brush Luckey Plant)Luckey1949-1961; 1992-Present.†
General Electric Co. (Ohio)Cincinnati/Evendale1961-1970.
Herring-Hall Marvin Safe CoHamilton1994-1995.†
Pennsylvania DOE Facilities
Aliquippa ForgeAliquippa1988; 1993-1994.†
C.H. Schnorr & CompanySpringdale1994.†
South Dakota DOE Facilities
Ore Buying Station at EdgemontEdgemont1952-1956.
Utah DOE Facilities
Ore Buying Station at MarysvaleMarysvale1950-1957.
Ore Buying Station at MoabMoab1954-1960.
Ore Buying Station at MonticelloMonticello1948-1962.
Ore Buying Station at White CanyonWhite Canyon1954-1957.
Uranium Mill in MoabMoab2001-Present.
Uranium Mill in MonticelloMonticello1948-1960.
Wyoming DOE Facilities
Ore Buying Station at Crooks GapCrooks Gap1956-1957.
Ore Buying Station at RivertonRiverton1955-1957.
† Denotes a period of environmental remediation.
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Signed at Washington, DC, this day of September 2010.

Shelby Hallmark,

Director, Office of Workers' Compensation Programs.

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[FR Doc. 2010-29638 Filed 11-23-10; 8:45 am]