EEOICPA CIRCULAR NO. 07-07

EEOICPA CIRCULAR NO. 07-07 September 5, 2007

SUBJECT: Linde Ceramics Plant

The purpose of this Circular is to provide information on a change in EEOICPA coverage at the Linde Ceramics Plant in Tonawanda, NY.

The determination has been made that Buildings 30, 31, 37 and 38 of the Linde Ceramics Plant meet the definition of a DOE facility for purposes of the EEOICPA from 1942 through 1953. It is also determined that the Tonawanda Laboratory (Building 14) of Linde does not meet the definition of a DOE facility, but should continue to be treated as an AWE facility.

Employees with confirmed employment at Linde who worked in Buildings 30, 31, 37 and 38 are considered DOE contractor employees per the EEOICPA. They are therefore potentially eligible for both Part B and Part E benefits. This is true in all instances except if the documentation in the file clearly places the employee exclusively in the Tonawanda Laboratory (Building 14). If the documentation clearly places the employee exclusively in the laboratory the employee is to be treated as an AWE employee and therefore ineligible for Part E.

Recategorizing a portion of Linde from an AWE facility to a DOE facility has no effect on the designation of Linde as an SEC. This circular does not change any aspect of Bulletin No. 06-06 which outlines how to handle the Linde SEC class.

With regard to the NIOSH-designated residual radiation period, the EEOICPA only provides for residual radiation coverage for AWE facilities and not for DOE facilities. Therefore, as a consequence of the finding that Buildings 30, 31, 37 and 38 meet the definition of a DOE facility, the period of residual radiation is eliminated for those buildings. The Tonawanda Laboratory (Building 14) however, continues to have the noted residual periods. In the absence of evidence to the contrary, the assumption that employees were working in the DOE portion of the plant continues during the residual period. Therefore, for an employee to be covered during the residual period, there must be affirmative evidence in the file that their work location was the Tonawanda Laboratory (Building 14).

With regard to the period of time during which Linde Ceramics is designated as a DOE facility for remediation only, the change in its status to its early years does not alter how the remediation period should be handled.

In summary, the following is the revised coverage for the Linde Ceramics Plant in Tonawanda, NY, per this Circular.

Buildings 30, 31, 37 and 38 of Linde Ceramics are a DOE facility from 1942 through 1953. The significance of this is that it extends Part E coverage to Linde employees who worked therein.

The Tonawanda Laboratory (Building 14) at Linde Ceramics is to continue being treated as an AWE facility from 1942 through 1953.

Linde Ceramics continues unchanged in its status as a Special Exposure Cohort (SEC) site from October 1, 1942 through October 31, 1947 (per Bulletin No. 06-06).

Only the Tonawanda Laboratory (Building 14) has a period of residual radiation. That period, as defined by National Institute for Occupational Safety and Health (NIOSH) is 1954-1987; 1993-1995; 1997-July 2006.[1]

Linde Ceramics is a Department of Energy (DOE) facility (for remediation workers only) for 1988-1992 and 1996.

PETER M. TURCIC

Director, Division of Energy Employees

Occupational Illness Compensation

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