EEOICPA CIRCULAR NO. 07-03 May 22, 2007
SUBJECT: This Circular replaces Circular No. 07-01, Department of Energy (DOE) facility description of Line 1 (Division B) at the Iowa Ordnance Plant, with one correction.
The SEC period of 1947 through 1974 referenced in Circular 07-01 is incorrect. The correct SEC period is March 1949 through 1974.
The purpose of this Circular is to correct an error in the SEC time frame noted in Circular 07-01, and provide a description (as discussed in Circular 07-01) of that portion of the Iowa Ordnance Plant (IOP) considered to be a DOE facility for purposes of claims adjudication under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA).
42 U.S.C. § 7384l(12) contains the statutory definition of “Department of Energy facility” and states that the term:
Department of Energy facility means, any building, structure, or premise, including the grounds upon which such building, structure, or premise is located:
(A) In which operations are, or have been, conducted by, or on behalf of, the DOE (except for buildings, structures, premises, grounds, or operations covered by E.O. 12344, dated February 1, 1982 (42 U.S.C. 7158 note), pertaining to the Naval Nuclear Propulsion Program); and
(B) With regard to which the DOE has or had:
(i)A proprietary interest; or
(ii) Entered into a contract with an entity to provide management and operation, management and integration, environmental remediation services, construction, or maintenance services.
The IOP, also known as the Iowa Army Ammunitions Plant (IAAP), is a load, assemble, and pack munitions facility that began production in 1941 and continues to operate as a Government-owned, contractor-operated installation.
In 1947, Silas Mason Company entered into a contract with the Ordnance Department to assist in the design and engineering to construct and operate a facility for the purpose of supplying the Atomic Energy Commission (AEC, predecessor to the present day Department of Energy) with explosive components for nuclear weapons. Under contract with the AEC, Silas Mason Company conducted high explosive fabrication, assembly of non-nuclear and nuclear components, retrofits, modifications, surveillance, and disassembly of nuclear weapons. This work was performed adjacent to other areas at the IAAP dedicated to the production and manufacture of routine military munitions. The qualifying “DOE facility” portion of the IAAP extends to those locations of the plant where Silas Mason Company (aka Mason & Hanger – Silas Mason, Co. Inc.) performed operations for the AEC.
In a letter to the Division of Energy Employees Occupational Illness Compensation (DEEOIC), dated July 19, 2005, the National Institute for Occupational Safety and Health (NIOSH) clarified that the Special Exposure Cohort (SEC) membership class for the facility encompassed AEC workers at Line 1 and associated areas of the facility from March 1949 through 1974, including Yard C, Yard G, Yard L, Firing Site Area, Burning Field "B", and Storage Sites for Pits and Weapons including Buildings 73 and 77. NIOSH went on to write in its correspondence that the SEC class designation should be “inclusive of all workers and activities involved in AEC operations at IAAP and not limiting or excluding workers, activities, or site locations that may have been involved in those operations” and that “Line 1 includes all AEC operational areas.”
Upon review of the materials presented in the SEC designation and other documentation, the DEEOIC has determined that the portion of the IAAP considered a DOE facility includes the following:
- The buildings and property/grounds of the IAAP that is identified as “Line 1.”
- Yard C
- Yard G
- Yard L
- Firing Site Area
- Burning Field “B”
- Storage Sites for Pits and Weapons – including Buildings 73 & 77
To provide clarification, Line 1 of the IAAP encompasses a cluster of several buildings that were utilized for AEC activities. Line 1 was a specifically identified and bounded area within the IAAP. The entire premise within this bounded area is considered a DOE facility. The buildings located at Line 1 are identified with a prefix of 1 to denote Line 1 (AEC related operations) followed by a building number. For example, building 1-01 represents building 01 of Line 1.
As noted previously, in addition to the collection of buildings located on Line 1, the AEC utilized other areas of the plant in connection with Line 1 activities. Excess material was disposed of at the Division B Burning Grounds, the Firing Sites were utilized for explosive charge test firing, hydro-shot operations, and cleanup, and the Burn Pads were used for explosives disposal and landfill activities. Additional areas of operation included Yard C, Yard G, Yard L, and the Storage Sites for Pits and Weapons including Buildings 73 and 77.
Attached to this Circular is a chart that provides a specific listing of buildings and other areas that were used for nuclear weapons development in connection with AEC operations. Work processes related to Line 1 activities conducted within each of these buildings have also been identified. A map of the Iowa Ordnance Plant and a map that illustrates the buildings in operation on Line 1 are also included.
Peter M. Turcic
Director, Division of Energy Employees
Occupational Illness Compensation
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