EEOICPA BULLETIN NO. 03-18

Issue Date: March 5, 2003

________________________________________________________________

Effective Date: March 5, 2003 ________________________________________________________________

Expiration Date: March 5, 2004 ________________________________________________________________

Subject: Covered Facilities Update to the Federal Register

Background: A revised listing of covered facilities under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) was published in the Federal Register on December 27, 2002 (Attachment 1). This rule applies to all claims filed under the EEOICPA retroactive to the program’s inception on

July 31, 2001.

The changes are summarized in Attachment 2 and include the addition of new Beryllium Vendors, Atomic Weapons Employers, and DOE facilities. The Federal Register listing also includes revisions to previous listings. The Federal Register can be accessed on line at www.archives.gov/index.html. The ECMS covered facilities list has been updated.

Reference: Federal Register: Volume 67, Number 249, Pages 79068-79074.

Purpose: To notify the District Offices of changes to the Federal Register listing of covered facilities and to provide procedures for processing claims affected by these changes.

Applicability: Claims Examiners, Senior Claims Examiners, All Supervisors, ADP Coordinators and Technical Assistants.

Action:

1. At the time that a claim is initially reviewed the claims examiner (CE) is to reference the covered facilities list as published in the Federal Register to determine covered employment under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).

2. If the covered facility is one of the recent additions as described in Attachment 2, the CE is to forward the employment verification request to Roger Anders at the US Department of Energy (DOE) in Germantown, MD via Federal Express. The DOE will attempt to identify a corporate verifier to verify the claimed employment. The CE will send an EE-5 and cover memo to DOE. On the cover memo, the CE is to identify the employment as a newly identified covered facility. The CE must input the status code ES (Employment Sent) into the ECMS Claims Status History page with the effective date as indicated on the cover memo. Once the verification is received from DOE, the CE will enter the status code ER (Employment Received) into the ECMS Claims Status History page with the status effective date as the date received and reflected by the mailroom staff. The CE only uses the ER code when the response from the DOE is sufficient to establish that all the information available has been provided (EEOICPOA Bulletin No. 03-07).

3. If the DOE is unable to identify a corporate verifier to verify the claimed employment, or if DOE is otherwise unable to verify the employment, the CE must request additional employment information i.e., payroll records, Forms W-2 and SSA records per EEOICPA guidelines.

4. If the District Office (DO) CE determines he/she has pending claims (no recommended decision has been issued) for a newly identified covered facility, the CE is to notify the claimant that the claimed employer was added to the Federal Register as a covered DOE facility and will be considered for coverage under the EEOICPA. The CE is to proceed with employment verification as indicated in items (2) & (3).

5. If the DO CE or Final Adjudication Branch (FAB) receives an objection to, or identifies a claim regarding a newly identified covered facility after a recommended decision was issued, but prior to the Final Decision being issued, the DO CE is to update the notes section in ECMS and forward the request to, or notify the FAB. On receipt of an objection or notification from the DO, The FAB is to vacate the recommended decision and remand the claim to the District Office for further development. The FAB is to enter the status code (F7) into the ECMS Claims Status History page with the status effective date as the date of the remand order.

6. If the DO CE receives a written request for reconsideration within 30 days of a Final Decision regarding a newly identified covered facility, the CE is to update the notes section in ECMS and forward this information to the FAB for review of the recommended decision. If the FAB receives a request for reconsideration, or identifies a claim within 30 days of issuing a Final Decision regarding a newly identified covered facility, the FAB will grant the reconsideration request, conduct a review of the recommended decision and issue a new decision on the claim.

7. If the DO CE or FAB receives an inquiry regarding a claim in which an Affirmed Final Decision was issued and the evidence of record establishes that the employee was employed with a covered DOE facility during a covered time frame, the CE or FAB is to enter the status code MC (Request for Modification from claimant) into the ECMS Claims Status History page and forward the claim to the National Office, Branch of Policy Regulations and Procedures for a modification order.

Disposition: Retain until incorporated in the Federal (EEOICPA) Procedure Manual.

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation

 

Distribution List No. 1: Claims Examiners, Supervisory Claims Examiners, Technical Assistants, Customer Service Representatives, Fiscal Officers, FAB District Managers, Operation Chiefs, Hearing Representatives, District Office Mail & File Sections

Summary of Changes to the Facility List Database Since 6/11/2001

Alabama

Facility Name: Speedring, Inc.

Location: Culman

Change: Time Period changed From: unknown

To: 1971-1998.

Duplicate AKA removed.

Facility Description revised to reflect new information.

Date of Change: 9/24/2001

 

California

Facility Name: Atomics International – Los Angeles County.

Location: Los Angeles

Change: A separate listing was created for this facility, which was originally included in the listing for the Energy Technology Engineering Center (Atomics International/ Rocketdyne).

Date of Change: 7/31/2002

Facility Name: Ceradyne, Inc.

Location: Costa Mesa

Change: A separate listing was created for this beryllium vendor location (Ceradyne previously covered only for Santa Ana location)

Date of Change: 12/27/02

Facility Name: City Tool & Die MFG

Location: Santa Clara

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: C.L. Hann Industries

Location: San Jose

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: EDM Exotics

Location: Hayward

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

 

 

 

Facility Name: Electrofusion

Location: Fremont

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Energy Technology Engineering Center (ETEC)

Location: Santa Susanna, Area IV

Change: The listing for this facility was significantly revised, including the creation of a new facility listing for Atomics International – Los Angeles County.

Facility Name changed from the Energy Technology Engineering Center (Atomics International/Rocketdyne).

AKAs limited to Nuclear Development Field Laboratory (NDFL) and Liquid Metal Engineering Center (LMEC).

Facility Type changed from BE DOE to DOE only.

Time Period changed from DOE 1955-1995; 1970s-present (remediation) to DOE 1955-1988; remediation 1988-present.

Facility Description completely revised.

Date of Change: 7/31/2002

Facility Name: General Atomics

Location: La Jolla

Change: Dates from BE:Uncertain to BE: 1959-1967

Date of Change: 12/03/02

Facility Name: Hafer Tool

Location: Oakland

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Hexcel Products

Location: Berkeley

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Jerry Carroll Machining

Location: San Carlos

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Lebow

Location: Goleta

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Philco-Ford

Location: Newport Beach

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Pleasanton Tool & Manufacturing

Location: Pleasanton

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Poltech Precision

Location: Fremont

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Robin Materials

Location: Mountain View

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Ron Witherspoon, Inc.

Location: Campbell

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Tapemation

Location: Scotts Valley

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

 

Colorado

Facility Name: Coors Porcelain

Location: Golden

Change: Time Period changed from 1940s-1980s to 1947-1975.

Facility Description significantly revised to reflect new information.

Date of Change: 1/28/2002

Facility Name: Grand Junction Operations Office

Location: Grand Junction

Change: New listing.

Date of Change: 8/20/2001

 

Connecticut

Facility Name: Bridgeport Brass Co., Havens Laboratory

Location: Bridgeport

Change: Time Period changed from 1954-1962 to 1952-1962.

Date of Change: 11/19/2001

Facility Name: Combustion Engineering

Location: Windsor

Change: AKA S1C deleted

Date of Change: 9/21/2001

Facility Name: Machlett Laboratories

Location: Springdale

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

 

Hawaii

Facility Name: Kauai Test Facility

State: Hawaii

Location: Kauai

Change: New listing.

Date of Change: 7/31/2001

 

Idaho

Facility Name: Northwest Machining & Manufacturing

State: Idaho

Location: Meridian

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

 

 

Iowa

Facility Name: Iowa Ordnance Plant

Location: Burlington

Change: Time Period expanded from 1953-1974 to 1947-1974.

AKA Iowa Army Ammunition Plant added.

Date of Change: 3/13/2002

 

Illinois

Facility Name: Allied Chemical Corp. Plant

State: Metropolis

Change: Time Period expanded from 1962-1964 to 1959-1976.

Facility Description revised.

Date of Change: 11/08/2001

Facility Name: Metallurgical Laboratory

Location: Chicago

Change: Facility Name changed from University of Chicago.

Beryllium Vendor designation added to Facility Type.

Time Period expanded to include BE dates 1942-1946.

Facility Description revised.

Date of Change: 10/7/2002

 

Indiana

Facility Name: Dana Heavy Water Plant

Location: Dana

Change: Facility Type changed from AWE to DOE on database. (Appeared correctly as a DOE on the 6/10/2001 Federal Register listing.)

Time Period changed from 1952-1957 to 1943-1957.

AKA added: Wabash River Ordnance Plant

Date of Change: 1/28/2002

 

Louisiana

Facility Name: Ethyl Corp.

Location: Baton Rouge

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

 

 

Massachusetts

Facility Name: Franklin Institute

Location: Boston

Change: Time Period defined From: unknown

To: 1962

Date of Change: 12/19/2001

Facility Name: Metals and Controls Corp.

Location: Attleboro

Change: AKAs added: M&C Nuclear, Metals and Controls Nuclear.

Time Period clarified From: #9; 1959-unknown

To: #9; 1952-1967.

Facility Description revised.

Date of Change: 9/12/2001

Facility Name: Norton Co.

Location: Worcester

Change: Time Period changed from 1945-1949 to 1943-1961.

Facility Description revised.

Date of Change: 11/16/2001

Facility Name: Nuclear Metals, Inc.

Location: Concord

Change: AKA added: Whitaker, Nuclear Metals Division.

Time Period changed 9; From: AWE 1942-1960 To: BE 1954-1985 & AWE 1954-1990.

Facility Description revised.

Date of Change: 9/17/2002

Facility Name: Winchester Engineering & Analytical Center

Location: Winchester

Change: AKA added: AEC Raw Materials Development Laboratory.

Facility Description revised to include current ownership of this location by the FDA.

Date of Change: 7/17/2001

 

Michigan

Facility Name: Speedring Systems, Inc.

Location: Detroit

Change: Time Period extended from 1968 to 1963 and 1968.

Facility Description revised.

Date of Change: 9/24/2001

Facility Name: Wolverine Tube

Location: Detroit

Change: Time Period changed from: 1943-uncertain

To: 1943-1946.

Date of Change: 11/19/2001

 

Missouri

Facility Name: Kansas City Plant

Location: Kansas City

Change: Remove Beryllium Vendor designation.

Date of Change: 12/3/2002

Facility Name: Mallinckrodt Chemical Co., Destrehan St. Plant

Location: St. Louis

Change: Facility Type changed from AWE DOE to DOE.

Date of Change: 12/7/2001

Facility Name: Tyson Valley Powder Farm

Location: St. Louis

Change: Time Period changed from 1940-1947 to 1942-1949.

Date of Change: 9/23/2002

 

 

New Jersey

Facility Name: American Peddinghaus Corp.

Location: Moonachie

Change: Location Name corrected from Moonachle to Moonachie.

Date of Change: 9/21/2001

Facility Name: DuPont Deepwater Works

Location: Deepwater

Change: AKA added: Chambers Chemical and Dye Works

Date of Change: 2/22/2002

Facility Name: J.T. Baker Chemical Co.

Location: Phillipsburg

Change: changed dates from Uncertain to 1948; 1957-1958

Date of Change: 12/03/2002

Facility Name: National Beryllia

Location: Haskell

Change: Time Period changed from 1973 to 1968-1973.

Facility Description revised.

Date of Change: 11/20/2001

Facility Name: New Brunswick Laboratory

Location: New Brunswick

Change: Facility Description revised to include information about the Lab moving to Argonne in 1977.

Date of Change: 11/6/2001

Facility Name: Stevens Institute of Technology

Location: Hoboken

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: United Lead Co.

Location: Middlesex

Change: Added beryllium vendor designation

Date of Change: 12/27/02

 

New Mexico

Facility Name: Accurate Machine & Tool

Location: Albuquerque

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Albuquerque Operations Office

Location: Albuquerque

Change: New listing.

Date of Change: 7/31/2001

 

Nevada

Facility Name: Nevada Test Site

Location: Mercury

Change: Facility Description revised to add contractor information about Holmes & Narver and for Raytheon Services.

Date of Change: 6/26/2002

 

New York

Facility Name: Bethlehem Steel

Location: Lackawanna

Change: Time Period changed from 1949-1951 to 1949-1952.

Date of Change: 3/25/2002

Facility Name: Carborundum Company

Location: Niagara Falls

Change: New AWE listing.

Date of Change: 4/16/2002

Facility Name: Environmental Measurements Laboratory

Location: New York

Change: New DOE listing

Date of Change: 7/31/2001

Facility Name: Fairchild Hiller Corporation

Location: Farmingdale, Long Island

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Hooker Electrochemical

Location: Niagara Falls

Change: Time Period changed from early 1940s to 1943-1948.

Facility Description revised.

Date of Change: 1/31/2002

Facility Name: Lake Ontario Ordnance Works

Location: Niagara Falls

Change: Time Period changed from 1944-1953; 1983-1986 (remediation) to 1944-1997.

Facility Description revised.

Date of Change: 2/20/2002

Facility Name: Linde Ceramics Plant

Location: Tonawanda

Change: Under Time Period, DOE remediation period changed from uncertain-1998 to 1996-1997.

Facility Description revised.

Date of Change: 6/19/2002

Facility Name: Peek Street Facility

Location: Schenectady

Change: AKA – reference to Sacandaga site deleted.

Time Period changed from unknown to 1947-1954.

Date of Change: 4/16/2002

Facility Name: Radium Chemical Co.

Location: New York

Change: Beryllium Vendor designation added to Facility Type.

Time Period changed from mid1940s to 1943-1950.

AKA changed to Joseph J. Kelly.

Facility Description revised.

Date of Change: 10/7/2002

Facility Name: Rensselaer Polytechnic Institute

Location: Troy

Change: Changed from an AWE to a BE

Dates changed from "Unknown" to 1951-1952; 1963 and the description was revised.

Date of Change: 12/23/2002

 

Facility Name: SAM Laboratories, Columbia University

(previously Columbia University)

Location: New York

Change: Facility Type changed from AWE DOE to DOE.

Time Period changed from 1939-1943s DOE 1985 (remediation) to 1940-1947.

AKAs changed to: SAM Laboratories; Special Alloyed Materials Laboratories; Substitute Alloy Materials Laboratories.

Facility Description revised.

Date of Changes: 3/27/2002; 12/3/02

Facility Name: Separations Process Research Unit (at Knolls Lab.)

Location: Schenectady

Change: Time Period changed from 1950-1953; 1996-present (remediation) to 1950-1965.

Facility Description revised to include date facility taken over by the Naval Nuclear Propulsion Program.

Date of Change: 4/8/2002

Facility Name: University of Rochester Atomic Energy Project

Location: Rochester

Change: Facility Name changed from University of Rochester Medical Laboratory.

Facility Type changed from AWE to DOE.

Time Period changed from 1942-1980s to 1943-1986.

Facility Description revised.

Date of Change: 7/2/2002

Facility Name: West Valley Demonstration Project

Location: West Valley

Change: Facility Type changed from AWE to AWE DOE. AWE Time Period changed from 1966-1972 to 1966-1973.

Date of Change: 5/16/2002

 

Ohio

Facility Name: Ajax Magnethermic Corp.

Location: Youngstown

Change: Time Period changed from 1958-1961 to 1958-1962.

Date of Change: 3/19/2002

 

Facility Name: Brush Beryllium Co. (Elmore)

Location: Elmore

Change: Time Period changed from 1957-1990 to 1957-2001.

Date of Change: 9/21/2001

Facility Name: Copperweld Steel

Location: Warren

Change: Time Period changed from 1943 to 1943-1946.

Date of Change: 11/19/2001

Facility Name: General Electric Company (Ohio)

Location: Cincinnati/Evendale

Change: BE Time Period 1951-1970 added.

Date of Change: 5/28/2002

Facility Name: Harshaw Chemical Co.

Location: Cleveland

Change: Time Period changed from 1942-1953 to 1942-1955.

Facility Description revised.

Date of Change: 12/11/2001

Facility Name: Horizons, Inc.

Location: Cleveland

Change: Time Period changed from 1940s-1956 to 1944-1956.

Date of Change: 11/19/2001

Facility Name: Kettering Laboratory, University of Cincinnati

Location: Cincinnati

Change: Time Period changed from 1950 to 1947-1950.

Date of Change: 9/21/2001

Facility Name: Portsmouth Gaseous Diffusion Plant

Location: Piketon

Change: Time Period changed from 1954-1993 to 1954-1998.

Date of Change: 5/3/2002

 

Oklahoma

Facility Name: Kerr-McGee

Location: Guthrie

Change: Time Period changed from 1960s to 1962-1973.

Date of Change: 11/20/2001.

Facility Name: Eagle Picher

Location: Quapaw

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

 

 

Pennsylvania

Facility Name: Aliquippa Forge

Location: Aliquippa

Change: AWE Time Period changed from late 1940s-1950 to 1947-1950.

Date of Change: 11/19/2001

Facility Name: Aluminum Co. of America (ALCOA)(Pennsylvania)

Location: Kensington

Change: Time Period changed from 1940s to 1944-1945.

Date of Change: 11/19/2001

Facility Name: Beryllium Corp. of America (Hazleton)

Location: Hazelton

Change: AKAs added: Cabot Corp., Beryllium Corp. of America (Ashmore). AKA deleted: NGK Metals Corp.

Time Period changed from: 1942-1962 (probably into the 1970s) to 1957-1979.

Date of Change: 3/14/2002

Facility Name: Beryllium Corp. of America (Reading)

Location: Reading

Change: AKAs added: Kawecki-Berylco, Berylco, NGK Metals Corp., Cabot Corp., Beryllium Corp. of America (Tuckerton).

Time Period changed from 1947-1961 to 1943-1979.

Facility Description revised.

Date of Change: 3/14/2002

Facility Name: McDanel Refractory

Location: Beaver Falls

Change: Facility Name corrected from McDaniel Refractory.

AKAs added: Vesuvius McDanel; Vesuvius Division of Cookson Group.

Date of Change: 10/9/2001

 

Facility Name: Nuclear Materials and Equipment Corp.(NUMEC) (Apollo)

Location: Apollo

Change: Time Period changed from late 1950s-1983 to 1957-1983.

Date of Change: 10/17/2002

Facility Name: Nuclear Materials and Equipment Corp. (NUMEC) (Parks Township)

Location: Parks Township

Change: Time Period changed from late 1950s-1980 to 1957-1980.

Date of Change: 10/17/2002

Facility Name: Shippingport Atomic Power Plant

Location: Shippingport

Change: Naval Reactors designation added.

Time Period changed from 1957-1982; 1983-1995 (remediation) #9; to 1984-1995 (remediation) only.

Date of Change: 4/25/2002

Facility Name: Superior Steel Co.

Location: Carnegie

Change: Time Period changed from 1955-1957 to 1952-1957.

Date of Change: 10/19/2001

Facility Name: Vitro Manufacturing (Canonsburg)

Location: Canonsburg

Change: Time Period changed from 1948-1967 to 1942-1957.

Date of Change: 10/16/2001

Facility Name: Westinghouse Nuclear Fuels Division (Cheswick)

Location: Cheswick

Change: Newly designated AWE.

Date of Change: 12/27/02

 

Tennessee

Facility Name: Clarksville Facility

Location: Clarksville

Change #1: Time Period changed from 1958-1965 to 1949-1965.

Facility Description revised.

Date of Change #1: 6/26/2002

Change #2: Added language regarding beryllium use.

Date of Change #2: 12/23/2002

 

Facility Name: Manufacturing Sciences Corp.

Location: Oak Ridge

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Oak Ridge Gaseous Diffusion Plant (K-25)

Location: Oak Ridge

Change: Facility Description revised to include Martin Marietta Energy Systems to list of contractors.

Date of Change: 2/26/2002

Facility Name: S-50 Oak Ridge Thermal Diffusion Plant

Location: Oak Ridge

Change #1: New listing.

Date of Change #1: 7/31/2001

Change #2: Expand datespan from:1944-1945

To: 1944-1951

Add language regarding work of Fairchild involving beryllium

Date of Change #2: 12/23/2002

Facility Name: W.R. Grace (Tennessee)

Location: Erwin

Change: Time Period changed from 1958-1969 to 1958-1970.

Date of Change: 5/16/2002

Facility Name: Y-12 Plant

Location: Oak Ridge

Change: Facility Description revised to include BWXT to list of contractors.

Date of Change: 11/6/2001

 

 

Texas

Facility Name: Medina Modification Center

Location: San Antonio

Change: Added language regarding beryllium use.

Date of Change: 12/23/2002

 

Virginia

Facility Name: BWX Technologies, Inc. (Virginia)

Location: Lynchburg

Change: Facility Name changed from Babcock & Wilcox Co. (Virginia).

Beryllium Vendor added to Facility Type.

Time Period changed to include BE 1995-2001.

AWE time period expanded from: #9; 1959; 1968-1972

to: 1959; 1968-1972; 1985-2001

Date of Change: 10/1/2002; 12/3/02 (expansion of BE dates)

 

 

Wisconsin

Facility Name: A. O. Smith

Location: Milwaukee

Change: Newly designated beryllium vendor

Date of Change: 12/27/02

Facility Name: Allis-Chalmers Co.

Location: West Allis, Milwaukee

Change: Time Period changed from early 1940s to 1944-1943.

Facility Description revised.

Date of Change: 12/11/2001