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:
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:
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:
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