[Federal Register Volume 88, Number 177 (Thursday, September 14, 2023)]
[Notices]
[Pages 63095-63096]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-19919]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Energy Employees Occupational Illness Compensation Program Act of
2000; Revision to the List of Covered Facilities
AGENCY: Office of Environment, Health, Safety and Security, U.S.
Department of Energy.
ACTION: Notice of revision of listing of covered facilities.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE or Department) has
periodically published in the Federal Register a list of facilities
covered under the Energy Employees Occupational Illness Compensation
Program Act of 2000, as amended (EEOICPA or Act). This Notice is being
published to reflect the fact that the Beryllium Mill in Delta, Utah
(``Beryllium Mill in Delta'') is a covered beryllium vendor facility
under EEOICPA.
DATES: September 14, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Kevin Dressman, Director, Office
of Health and Safety (EHSS-10), 1000 Independence Avenue SW,
Washington, DC 20585; (301) 903-2473; or by email at
[email protected].
SUPPLEMENTARY INFORMATION: This Notice is being published to reflect
the fact that the Beryllium Mill in Delta is a covered beryllium vendor
facility under EEOICPA. Previous lists or revisions were published by
DOE on August 3, 2022 (87 FR 47399); February 17, 2016 (81 FR 8060);
July 16, 2015 (80 FR 42094); 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
[[Page 63096]]
(67 FR 79068); June 11, 2001 (66 FR 31218); and January 17, 2001 (66 FR
4003).
Purpose
EEOICPA established a program to provide compensation to
individuals who developed illnesses because of their employment in
nuclear weapons production-related activities of DOE or its predecessor
agencies. Covered employees include current or former employees of a
``beryllium vendor'' as defined by the Act. On December 7, 2000, the
President issued Executive Order 13179, ``Providing Compensation to
America's Nuclear Weapons Workers,'' which directed the Secretary of
Energy to, among other things, publish in the Federal Register a ``list
of facilities owned and operated by a beryllium vendor, within the
meaning of section 3621(6)'' (42 U.S.C. 7384l(6)) of the Act. The
Department's initial listing was published on January 17, 2001 (66 FR
4003), and DOE has periodically updated the listing as new information
has become available. In addition, DOE maintains a database of covered
facilities online at https://ehss.energy.gov/search/facility/index.
Section 3621(6) of the Act (42 U.S.C. 7384l(6)) defines ``beryllium
vendor'' as any of the following: ``(A) Atomics International; (B)
Brush Wellman, Incorporated, and its predecessor, Brush Beryllium
Company; (C) General Atomics; (D) General Electric Company; (E) NGK
Metals Corporation and its predecessors, Kawecki-Berylco, Cabot
Corporation, BerylCo, and Beryllium Corporation of America; (F) Nuclear
Materials and Equipment Corporation; (G) StarMet Corporation and its
predecessor, Nuclear Metals, Incorporated; (H) Wyman Gordan,
Incorporated; (I) Any other vendor, processor, or producer of beryllium
or related products designated as a beryllium vendor for purposes of
the compensation program under section 3622 [42 U.S.C. 7384m].'' The
beryllium vendors listed in Section 3621(6) of the Act (42 U.S.C.
7384l(6)), are sometimes referred to as ``statutory beryllium vendors''
because they are specifically identified by name in the statute.
In 1969, the Brush Beryllium Company opened the Beryllium Mill in
Delta and since then, the facility has processed two types of ore to
extract beryllium--locally mined bertrandite ore and beryl ore imported
from various suppliers. From the Beryllium Mill in Delta, beryllium
products are shipped to another Materion Brush, Inc. beryllium vendor
facility in Elmore, Ohio to produce metallic beryllium, beryllium
alloys, and beryllia ceramic feedstock. The Beryllium Mill in Delta was
operated by Brush Beryllium Company from 1969-1971, Brush Wellman, Inc.
from 1971-January 23, 2001, Brush Resources, Inc. from January 23,
2001-March 8, 2011, and Materion Natural Resources, Inc. from March 8,
2011-Present. For purposes of coverage under EEOICPA, all references to
``Brush Wellman Incorporated'' or ``Brush Wellman, Inc.'' include its
predecessor and successor entities, including the aforementioned
entities.
Due to Brush Wellman, Inc.'s status as a statutory beryllium
vendor, all employees of Brush Wellman, Inc. in the U.S., regardless of
location, are covered for the entire period for which Brush Wellman,
Inc., its predecessors, and successor entities have supplied beryllium
to DOE or its predecessor agencies. That period is defined as August
13, 1943, and continuing. While DOE is publishing this Notice to update
its list of covered facilities to reflect the fact that the Beryllium
Mill in Delta is owned by a successor to Brush Wellman, Inc., and
therefore, is a covered beryllium vendor facility under EEOICPA, DOE
notes that the beryllium facilities operated by Brush Wellman, Inc.,
its predecessors, and successor entities are covered beryllium
facilities under EEOICPA because they are facilities of a statutory
beryllium vendor, regardless of whether the facility is listed by DOE
in a Federal Register notice. DOE will maintain and continually update
its database of covered facilities online at https://ehss.energy.gov/search/facility/index.
Signing Authority
This document of the Department of Energy was signed on September
11, 2023, by Todd N. Lapointe, Director, Office of Environment, Health,
Safety and Security, pursuant to delegated authority from the Secretary
of Energy. That document with the original signature and date is
maintained by DOE. For administrative purposes only, and in compliance
with requirements of the Office of the Federal Register, the
undersigned DOE Federal Register Liaison Officer has been authorized to
sign and submit the document in electronic format for publication, as
an official document of the Department of Energy. This administrative
process in no way alters the legal effect of this document upon
publication in the Federal Register.
Signed in Washington, DC, on September 11, 2023.
Treena V. Garrett,
Federal Register Liaison Officer, U.S. Department of Energy.
[FR Doc. 2023-19919 Filed 9-13-23; 8:45 am]
BILLING CODE 6450-01-P