[Federal Register Volume 80, Number 136 (Thursday, July 16, 2015)]
[Notices]
[Page 42094]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-17443]


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DEPARTMENT OF ENERGY


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

AGENCY: Department of Energy.

ACTION: Notice of revision of listing of covered facilities.

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SUMMARY: The Department of Energy (``Department'' or ``DOE'') 
periodically publishes revisions to the list of facilities covered 
under the Energy Employees Occupational Illness Compensation Program 
Act of 2000, as amended (``EEOICPA'' or ``Act''). This Notice amends 
the list of covered facilities by correcting the location information 
for Dow Chemical Company in California, and removing the designation of 
the Ashland Oil site in Tonawanda, New York; the Middlesex Municipal 
Landfill in Middlesex, New Jersey; the Seaway Industrial Park in 
Tonawanda, New York; the Shpack Landfill in Norton, Massachusetts; and 
the Woburn Landfill in Woburn, Massachusetts as atomic weapons employer 
(``AWE'') facilities.

DATES: Effective July 16, 2015.

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

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

SUPPLEMENTARY INFORMATION: This Notice amends the list of covered 
facilities by correcting the location information for Dow Chemical 
Company in California, and removing the designation of the Ashland Oil 
site in Tonawanda, New York; the Middlesex Municipal Landfill in 
Middlesex, New Jersey; Seaway Industrial Park in Tonawanda, New York; 
the Shpack Landfill in Norton, Massachusetts; and the Woburn Landfill 
in Woburn, Massachusetts as AWE facilities. Previous lists or revisions 
were published by DOE on February 11, 2013 (78 FR 9678), February 6, 
2012 (77 FR 5781); May 26, 2011 (76 FR 30695); August 3, 2010 (75 FR 
45608); April 9, 2009 (74 FR 16191); June 28, 2007 (72 FR 35448); 
November 30, 2005 (70 FR 71815); August 23, 2004 (69 FR 51825); July 
21, 2003 (68 FR 43095); December 27, 2002 (67 FR 79068); June 11, 2001 
(66 FR 31218); and January 17, 2001 (66 FR 4003).

Purpose

    EEOICPA establishes a program to provide compensation to certain 
employees who develop illnesses as a result of their employment with 
DOE and its predecessor Agencies, as well as employees of certain of 
its contractors, subcontractors, beryllium vendors and AWEs. Section 
7384l(4) of EEOICPA 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 purposes of the 
compensation program.'' Section 7384l(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.''
    It has recently come to the attention of the Department that the 
location at which the Dow Chemical Company in California performed 
activities of an AWE for purposes of EEOICPA was in Pittsburg, 
California, not Walnut Creek, California, as previously indicated in 
the Federal Register.
    In addition, the Ashland Oil site in Tonawanda, New York; the 
Middlesex Municipal Landfill in Middlesex, New Jersey; Seaway 
Industrial Park in Tonawanda, New York; the Shpack Landfill in Norton, 
Massachusetts; and the Woburn Landfill in Woburn, Massachusetts, were 
designated as AWE facilities in the Department's previous lists even 
though they did not meet the statutory definition of AWE facilities. 
Records related to these five locations indicate that these facilities 
were not owned by an AWE and do not meet the definition of AWE 
facilities because, as disposal or landfill sites, they did not 
``process'' or ``produce,'' for use by the United States, material that 
emitted radiation and was used in the production of an atomic weapon. 
Therefore, the designation of these five locations as AWE facilities 
was erroneous.
    This Notice formally makes the changes to the listing of covered 
facilities as indicated below:
     The site location for Dow Chemical Company is changed from 
Walnut Creek, California, to Pittsburg, California.
     The Ashland Oil site in Tonawanda, New York, in no longer 
designated as an AWE facility.
     The Middlesex Municipal Landfill in Middlesex, New Jersey, 
is no longer designated as an AWE facility. This action has no effect 
on the separate status of this worksite as a DOE facility in 1984 and 
1986 when environmental remediation services were conducted by Bechtel 
National Inc., pursuant to a contract with DOE.
     Seaway Industrial Park in Tonawanda, New York, is no 
longer designated as an AWE facility.
     The Shpack Landfill in Norton, Massachusetts, is no longer 
designated as an AWE facility.
     The Woburn Landfill in Woburn, Massachusetts, is no longer 
designated as an AWE facility.

    Issued in Washington, DC, on July 9, 2015.
Matthew B. Moury,
Associate Under Secretary for Environment, Health, Safety and Security.
[FR Doc. 2015-17443 Filed 7-15-15; 8:45 am]
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