Energy Employees Occupational Illness Compensation Program Act of 2000; Revision to List of Covered Facilities, 37781-37782 [2010-15903]

Agencies

• DEPARTMENT OF ENERGY

[Federal Register Volume 75, Number 125 (Wednesday, June 30, 2010)]
[Notices]
[Pages 37781-37782]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15903]


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DEPARTMENT OF ENERGY


Energy Employees Occupational Illness Compensation Program Act of 
2000; Revision to List of Covered Facilities

AGENCY: Department of Energy.

ACTION: Notice of revision of list of covered facilities.

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SUMMARY: The Department of Energy (``Department'' or ``DOE'') 
periodically publishes or revises a list of facilities covered under 
the Energy Employees Occupational Illness Compensation Program Act of 
2000, as amended (``EEOICPA'' or ``Act''). This notice amends the 
previous lists by (1) Removing two facilities designated as atomic 
weapons employer (AWE) facilities that should not have been so 
designated; (2) correcting the covered periods for three listed AWE 
facilities; and (3) identifying an additional work site for each of two 
previously listed facilities. In addition, for one of the listed 
facilities for which a second work site is being identified, there is a 
related change in the covered period. Previous lists or revisions were 
published on April 9, 2009, June 28, 2007, November 30, 2005, August 
23, 2004, July 21, 2003, December 27, 2002, June 11, 2001,

[[Page 37782]]

and January 17, 2001. DOE intends to provide any future updates to its 
facility list only on its Web site.

ADDRESSES: The Department welcomes comments on this notice. Comments 
should be addressed to: Patricia R. Worthington, PhD, Director, Office 
of Health and Safety (HS-10), U.S. Department of Energy, 1000 
Independence Avenue, SW., Washington, DC 20585.

FOR FURTHER INFORMATION CONTACT: Patricia R. Worthington, PhD, 
Director, Office of Health and Safety (HS-10), (301) 903-5926.

SUPPLEMENTARY INFORMATION:

Purpose

    The EEOICPA establishes a program to provide compensation to 
certain employees who develop illnesses as a result of their employment 
with AWEs, DOE and its predecessor Agencies, certain of its contractors 
and subcontractors, and listed beryllium vendors. Section 3621(4) of 
the Act (codified at 42 U.S.C. 7384l(4)) defines an AWE as ``an entity, 
other than the United States, that--(A) processed or produced, for use 
by the United States, material that emitted radiation and was used in 
the production of an atomic weapon, excluding uranium mining and 
milling; and (B) is designated by the Secretary of Energy as an [AWE] 
for the purposes of the compensation program.'' Section 3621(5) defines 
an AWE facility as ``a facility, owned by an [AWE], that is or was used 
to process or produce, for use by the United States, material that 
emitted radiation and was used in the production of an atomic weapon, 
excluding uranium mining or milling.'' The Act defines a DOE facility, 
in pertinent part, as ``any building, structure, or premise, including 
the grounds upon which such building, structure, or premise is 
located--(A) in which operations are, or have been, conducted by, or on 
behalf of, the Department of Energy . . .; and (B) with regard to which 
the Department of Energy has or had--(i) a proprietary interest; or 
(ii) entered into a contract with an entity to provide management and 
operation, management and integration, environmental remediation 
services, construction, or maintenance services.''
    It has recently come to the attention of the Department that one 
facility was previously mistakenly designated as an AWE facility 
because the designated facility was owned by the U.S. Government, and 
the statutory definitions of AWE and AWE facility exclude facilities 
owned by the United States. A second entity identified as an AWE 
facility is being removed from the list because the work performed by 
that entity was not related to production of an atomic weapon and was 
not performed for, or on behalf of, DOE or its predecessor Agencies. 
DOE has also recently become aware of additional information regarding 
the work locations for two previously listed AWEs and related periods 
of covered work; and needed corrections for the covered time period for 
three other covered facilities on the list. This new information is 
reflected in changes to the list of covered facilities. DOE intends to 
provide any future updates to its facility list only on its Web site 
found at: https://www.hss.doe.gov/healthsafety/FWSP/Advocacy/faclist/findfacility.cfm.
    This notice formally makes the changes to the list as indicated 
below:
     Painsville Site (Diamond Magnesium Company) of Ohio is no 
longer designated as an AWE facility because the work performed at that 
site was not related to atomic weapons production and was not conducted 
by, or on behalf of, DOE or its predecessor Agencies.
     St. Louis Airport Storage Site is no longer designated as 
an AWE facility because the facility was owned by the U.S. Government. 
However, it is currently designated by the Department of Labor as a DOE 
facility.
     The facility description for Babcock and Wilcox 
Technologies, Inc. (BWXT), Nuclear Facility in Lynchburg, Virginia, is 
modified by adding a second site where covered operations took place to 
reflect recently discovered information. In addition, the covered time 
period is being changed to include the period of time covered work was 
performed at this second site. Thus, an additional time from 1956 to 
1959 is being added.
     The covered period for Blockson Chemical Company in 
Joliet, Illinois, is changed from 1951-1962 to 1951-June 1960 because 
newly discovered information indicates that no uranium processing took 
place at that facility for the Atomic Energy Commission (AEC), a 
predecessor to DOE, after June 1960.
     The facility description for Carborundum Company, of 
Niagara Falls, New York, is changed by adding a second distinct work 
location for this company, and the time period of the work performed is 
changed to include the years 1943-1944 and 1959-1967. These changes are 
made to reflect recently discovered information.
     The covered period for Texas City Chemicals, Inc. (TCC), 
Texas City, Texas, is changed from 1952-1956 to October 1953-September 
1955 to reflect recently discovered records, which indicates that the 
work on behalf of AEC was not begun until October 1953 and ended in 
September 1955.
     The covered period for the Wah Chang facility in Albany, 
Oregon, is changed from 1956-1959 to 1971-1972 based on recently 
discovered information.

    Issued in Washington, DC, on June 21, 2010.
Glenn S. Podonsky,
Chief Health, Safety and Security Officer, Office of Health, Safety and 
Security.
[FR Doc. 2010-15903 Filed 6-29-10; 8:45 am]
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