IV. Designation Findings

Feasibility of Estimating Radiation Doses with Sufficient Accuracy

The Secretary established the feasibility determination for the class of employees
covered by this report upon the findings summarized below.

(1) Dow employees in the proposed class could have received internal and external
radiation exposures from uranium and thorium.

(2) The NIOSH review of the available monitoring data found that there were not
sufficient data available to estimate the internal dose from exposure to thorium
during the contract period of January 1, 1957 through December 31, 1960.

(3) Pursuant to 42 C.F.R. § 83.13(c)(1), NIOSH determined that there is insufficient
information either to estimate the maximum radiation dose for every type of
cancer for which radiation doses are reconstructed that could have been incurred
under plausible circumstances by any member of the class, or to estimate the
radiation doses of members of the class more precisely than a maximum dose
estimate.

(4) NIOSH determined that there is sufficient information to estimate the maximum
dose that could have been incurred from exposure to uranium during the
contract and residual contamination periods. It is possible to reconstruct
components of the internal dose including uranium, external exposures from all
radionuclides, and occupational medical doses.

Health Endangerment

The Secretary established the health endangerment determination for the class of
employees covered by this report upon the findings summarized below.

(1) Pursuant to 42 C.F.R. § 83.13(c)(3), NIOSH established that there is a reasonable
likelihood that such radiation doses may have endangered the health of members
of the class. Pursuant to 42 C.F.R. § 83.13(c)(3)(ii), NIOSH specified a minimum
duration of employment to satisfy this health endangerment criterion as “having
been employed for a number of work days aggregating at least 250 work days
within the parameters established for this class or in combination with work days
within the parameters (excluding aggregate work day requirements) established
for one or more other classes of employees in the Cohort.”

(2) NIOSH did not identify any evidence from the petitioners or from other resources
that would establish that the class was exposed to radiation during a discrete
incident likely to have involved exceptionally high-level exposures, such as a
nuclear criticality incident, as defined under 42 C.F.R. § 83.13(c)(3)(i).

HHS Special Exposure Cohort Designation:
Dow Chemical Company


I. Designation

I, Michael O. Leavitt, Secretary of Health and Human Services (Secretary), designate
the class of employees defined in Section II of this report for addition to the Special
Exposure Cohort (SEC), as authorized under the Energy Employees Occupational
Illness Compensation Program Act of 2000 (EEOICPA), 42 U.S.C. § 7384q.

JUN 2 2 2007 ia
t

Date Michael O. Leavitt

Il. | Employee Class Definition

Atomic Weapons Employer (AWE) employees who were monitored or should
have been monitored for exposure to thorium radionuclides while working at the
Dow Chemical Company site in Madison, Illinois for a number of work days
aggregating at least 250 work days from January 1, 1957 through December 31,
1960, or in combination with work days within the parameters established for one
or more other classes of employees in the Special Exposure Cohort.

III. | Designation Criteria and Recommendations

Pursuant to 42 U.S.C. § 7384q, for the class defined in Section II of this report, the
Secretary has determined, and the Advisory Board on Radiation and Worker Health
(Board) has recommended, that
(1) it is not feasible to estimate with sufficient accuracy the radiation dose that the
class received; and
(2) there is a reasonable likelihood that such radiation dose may have endangered
the health of members of the class.

The SEC final rule states in 42 C.F.R. § 83.13(c)(1) that it is feasible in two situations
to estimate the radiation dose that the class received with sufficient accuracy. First,
the rule states that radiation doses may be estimated with sufficient accuracy if
NIOSH has established that it has access to sufficient information to estimate the
maximum radiation dose for every type of cancer for which radiation doses are
reconstructed that could have been incurred under plausible circumstances by any
member of the class. Alternatively, radiation doses may be estimated with sufficient
accuracy if NIOSH has established that it has access to sufficient information to
estimate the radiation doses of members of the class more precisely than a maximum
dose estimate.

The Board, pursuant to 42 U.S.C. § 7384gq, advised the Secretary to designate the
class as an addition to the SEC in a letter received by the Secretary on May 25, 2007.

HHS Special Exposure Cohort Designation:
Dow Chemical Company


(3) The Board concurred with the finding of NIOSH that the health of the class may
have been endangered and defined the class according to the 250-workday
requirement specified under 42 C.F.R. § 83.13(c)(3)(ii).

V. Effect and Effective Date of Designation

The Secretary submits this report on designation of one additional class to the SEC
for review by Congress, pursuant to 42 U.S.C. §§ 7384/(14)(C)(ii) and
7384q(c)(2)(A), as amended by the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005, Pub. L. No. 108-375 (codified as amended in
scattered sections of 42 U.S.C.). Pursuant to 42 U.S.C. § 73841(14)(C)(ii), as
amended by the Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005, Pub. L. No. 108-375 (codified as amended in scattered sections of 42
U.S.C.), the designation in this report will become effective 30 days after the date of
this report’s submission to Congress “unless Congress otherwise provides.”

VI. Administrative Review of Designation

The health endangerment determination of the designation provided in this report
may be subject to an administrative review within HHS, pursuant to 42 C.F.R. §
83.18(a). On the basis of such a review, if the Secretary decides to expand the class
of employees covered by this designation, the Secretary would transmit a
supplementary report to Congress providing the expanded employee class definition
and the criteria and findings on which the decision was based.

HHS Special Exposure Cohort Designation:
Dow Chemical Company


THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20202

JUN 2 2 2007

The Honorable Nancy Pelosi
Speaker of the House of Representatives
Washington, D.C. 20515

Dear Madam Speaker:

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of
2000 and 42 C.F.R. § 83.14, the Centers for Disease Control and Prevention’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) initiated a petition for a class of workers
from the Dow Chemical Company site in Madison, Illinois to be added to the Special Exposure
Cohort (SEC).

On May 4, 2007, NIOSH presented its findings on the petition evaluation to the Advisory
Board on Radiation and Worker Health (“Board”) at the Board meeting in Westminster,
Colorado. On May 25, 2007, I received the deliberations, findings, and recommendations of the
Board, the Director of NIOSH, and the Director of CDC, and I have designated the following
class for addition to the SEC:

Atomic Weapons Employer (AWE) employees who were monitored or should have been
monitored for exposure to thorium radionuclides while working at the Dow Chemical
Company site in Madison, Illinois for a number of work days aggregating at least 250
work days from January 1, 1957 through December 31, 1960, or in combination with
work days within the parameters established for one or more other classes of employees
in the Special Exposure Cohort.

The criteria and findings upon which this designation is based are provided in the
enclosed report.

Please call me if you have any further questions regarding this matter.

Sincerely,

Mtchael O. Leavitt

Enclosure


THE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C. 20201

JUN 2 2 2007

The Honorable Richard Cheney
President of the United States Senate
Washington, D.C. 20510

Dear Mr. President:

Pursuant to the Energy Employees Occupational IlIness Compensation Program Act of
2000 and 42 C.F.R. § 83.14, the Centers for Disease Control and Prevention’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) initiated a petition for a class of workers
from the Dow Chemical Company site in Madison, Illinois, to be added to the Special Exposure
Cohort (SEC).

On May 4, 2007, NIOSH presented its findings on the petition’s evaluation to the
Advisory Board on Radiation and Worker Health (“the Board”) at the Board meeting in
Westminster, Colorado, On May 25, 2007, I received the deliberations, findings, and
recommendations of the Board, the Director of NIOSH, and the Director of CDC, and I have
designated the following class for addition to the SEC:

Atomic Weapons Employer (AWE) employees who were monitored or should have been
monitored for exposure to thorium radionuclides while working at the Dow Chemical
Company site in Madison, Illinois for a number of work days aggregating at least 250
work days from January 1, 1957 through December 31, 1960, or in combination with
work days within the parameters established for one or more other classes of employees
in the Special Exposure Cohort.

The criteria and findings upon which this designation is based are provided in the
enclosed report.

Please call me if you have any further questions regarding this matter.

Sincerely,

Michael O. Leavitt

Enclosure


HHS Designation of Additional Members of the
Special Exposure Cohort
under the
Energy Employees Occupational Illness Compensation Program Act of 2000

Designating a Class of Employees from

Dow Chemical Company
Madison, Illinois

HHS Special Exposure Cohort Designation:
Dow Chemical Company