EEOICPA CIRCULAR NO. 10-03 April 13, 2010

SUBJECT: St. Louis Airport Storage Site (SLAPS) is a DOE facility

The purpose of this Circular is to provide information on a change in coverage under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) at the St. Louis Airport Storage Site (SLAPS) in St. Louis, Missouri. A recent review of the documentation associated with this facility makes it clear that the Atomic Energy Commission (AEC) and the Department of Energy (DOE) owned this property at times. Therefore SLAPS is a covered DOE facility from 1947 through 1973 and then again from 1984 though 1998.

The relevant statutory definition states: 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 Department of Energy (except for buildings, structures, premises, grounds, or operations covered by Executive Order No. 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 Department of Energy 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. (emphasis added) 42 U.S.C. § 7384l(12).

The SLAPS location was used by the DOE and its predecessor agencies to store residues from the Mallinckrodt Chemical Works. This work allows SLAPS to fulfill the “operations” prong of the DOE facility definitional test. Moreover, since it is known that the AEC and then DOE owned the premises at various times, this establishes the “proprietary interest” criteria.

Accordingly, SLAPS is a DOE facility for purposes of the EEOICPA for the period from 1947 through 1973 and then again from 1984 thought 1998, and staff should handle claims in a manner consistent with this guidance.

Rachel P. Leiton

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 Section