[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]


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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.

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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