Special Exposure Cohort Petition U.S. Department of Health and Human Services
under the Energy Employees Occupational Centers for Disease Control and Prevention
Illness Compensation Act National Institute for Occupational Safety and Health

OMB Number: 0920-0639 Expires: 05/31/2007

Special Exposure Cohort Petition — Form B Page 4 of 7
Proposed Definition of Employee Class Covered by Petition — Complete Section E.
E.1 Name of DOE or AWE Facility: § _S7awedlard Oil

E.2 Locations at the Facility relevant to this petition:

ALL

E.3 List job titles and/or job duties of employees included in the class. In addition, you can list by
name any individuals other than petitioners identified on this form who you believe should be
included in this class:

ALL
E.4 Employment Dates relevant to this petition:
stat 01 fot /1942 End afer {1964
Start End
Start End
E.5 __ Is the petition based on one or more unmonitored, unrecorded, or inadequately monitored or
recorded exposure incidents?: O Yes No

If yes, provide the date(s) of the incident(s) and a complete description (attach additional pages
as necessary):

Name or Social Security Number of First Petitioner: __



Attachment to Special Exposure Cohort Petition, Form B Section F.1
Petitioner: NIOSH Tracking

The dose reconstruction seems to have been based primarily on the data and methodology
of reference #8 (Battelle-TBD-60001) and its primary source document, a 1960 era study
(Chritafano and Harris available only through a FOIA request). Data in these studies comes
from other operations at other sites, and may have been representative of the situation at
Standard Oil, or may not have been. A single loss of containment incident (e.g. a failure ofa
glove in a glovebox) can easily translate into more lifetime dose than years of routine
operation. In the course of working with uranium for years, such incidents undoubtedly
occurred and would have been treated as abnormal, but not catastrophic events, and the
uranium dust would have been cleaned up and operations resumed without fanfare. It is
unlikely that during Manhattan project days, a little incident like that slowed the rush to
success. However, it is also likely that little incidents like that could translate into
significant dose, particularly through an inhalation pathway.

Studying the Battelle document invites a whole other set of concerns regarding the
claimant favorability of the methodology. In fact, S. Cohen and Associates, contractors to
the Advisory Board on Radiation and Worker Health, have pointed out many areas where
they believe the methodology is less than claimant favorable. Their executive summary
lists 6 findings, and more issues are identified within the report: In particular, it identifies
two specific issues with dose estimates from the 1940’s, the period my father was most
likely exposed. The other findings, as well as other issues identified within the report may
also be relevant.

Finding 1: It is not possible to judge whether the basic approach to developing inhalation
doses in TBD-6001 is claimant favorable, based on the information presented in that
document. However, based on analyses presented in this review, it appears that the
average inhalation doses used in TBD-6001 are not claimant favorable, particularly for
the period prior to 1948.

Finding 2: TBD-6001 oversimplifies the process descriptions from Christofano and Harris
(1960) and, as a result, may have missed or understated significant pathways for external
and internal exposure.

Finding 3: The approach used in TBD-6001 to calculate the contribution to external
exposure of contaminated dust settled on workplace surfaces is not appropriate. SC&A
addressed the same issue in its review of TBD-6000 (SC&A 2007, Item 5).

Finding 4: Summary Tables 7.1 and 7.3 in Section 7 of TBD-6001 that address external
exposures require additional elaboration to understand the sources of the contained data
and how the data were derived.

Page 2 of 3



Special Exposure Cohort Petition U.S. Department of Health and Human Services
under the Energy Employees Occupational Centers for Disease Control and Prevention
\liness Compensation Act National Institute for Occupational Safety and Health

OMB Number: 0920-0639 Expires: 05/31/2007
Special Exposure Cohort Petition — Form B Page 6 of 7

F.3. Q WWehave attached a report from a health physicist or other individual with expertise in
radiation dose reconstruction documenting the limitations of existing DOE or AWE records on
radiation exposures at the facility, as relevant to the petition. The report specifies the basis for
believing these documented limitations might prevent the completion of dose reconstructions for
members of the class under 42 CFR Part 82 and related NIOSH technical implementation
guidelines.

(Attach report to the back of the petition form.)

F.4. OQ IMWehave attached a scientific or technical report, issued by a government agency of the
Executive Branch of Government or the General Accounting Office, the Nuclear Regulatory
Commission, or the Defense Nuclear Facilities Safety Board, or published in a peer-reviewed
journal, that identifies dosimetry and related information that are unavailable (due to either a lack
of monitoring or the destruction or loss of records) for estimating the radiation doses of
employees covered by the petition.

(Attach report to the back of the petition form.)

iio panes
G Signature of Person(s) Submitting this Petition

Complete Section G.

All Petition~-> “hatte stan and data tha natitinn A movimum of three persons may sign the petition.

_ V9 1008
Sigceae Date
Signature : Date
Signature Date
Notice: Any person who knowingly makes any false statement, misrepresentation, concealment of

fact or any other act of fraud to obtain compensation as provided under EEOICPA or who
knowingly accepts compensation to which that person is not entitled is subject to civil or
administrative remedies as well as felony criminal prosecution and may, under appropriate
criminal provisions, be punished by a fine or imprisonment or both. | affirm that the information
provided on this form is accurate and true.

Send this form to: SEC Petition
Office of Compensation Analysis and Support
NIOSH
4676 Columbia Parkway, MS-C-47
Cincinnati, OH 45226

Name or Social Security Number of First Petitioner: =



Special Exposure Cohort Petition U.S. Department of Health and Human Services

under the Energy Employees Occupational Centers for Disease Control and Prevention
Illness Compensation Act . National institute for Occupational Safety and Health

. OMB Number: 0920-0639 Expires: 05/31/2007
Special Exposure Cohort Petition — Form B Page 5 of 7

F Basis for Proposing that Records and Information are Inadequate for Individual Dose —
Complete Section F.

Complete at least one of the following entries in this section by checking the appropriate box and providing
the required information related to the selection. You are not required to complete more than one entry.

F.1 >t \We have attached either documents or statements provided by affidavit that indicate that
radiation exposures and radiation doses potentially incurred by members of the proposed class,

that relate to this petition, were not monitored, either through personal monitoring or through area
monitoring.

(Attach documents and/or affidavits to the back of the petition form.)

Describe as completely as possible, to the extent it might be unclear, how the attached
documentation and/or affidavit(s) indicate that potential radiation exposures were not monitored.

See atiachmenl

F.2 1/Wehave attached either documents or statements provided by affidavit that indicate that
radiation monitoring records for members of the proposed class have been lost, falsified, or
destroyed: or that there is no information regarding monitoring, source, source term, or process
from the site where the employees worked.

(Attach documents and/or affidavits to the back of the petition form.)

Describe as completely as possible, to the extent it might be unclear, how the attached
documentation and/or affidavit(s) indicate that radiation monitoring records for members of the
proposed class have been lost, altered illegally, or destroyed.

Name or Social Security Number of First Petitioner: __



Attachment to Special Exposure Cohort Petition, Form B Section F.1
Petitioner: NIOSH Tracking i

I request to establish or be added to a Special Exposure Cohort on the basis, documented by
NIOSH, that no dosimetry or workplace monitoring data exists from which to perform a
valid dose reconstruction covering period of employment with
the Standard Oi] Development Company.

Although NIOSH claims to have completed a dose reconstruction, the draft report I have
notes (p. 5, background section)

re rt jing radiological condition: e site”

Additionally, there is no personal dosimetry data, there are no operating logs, no incident
reports, and I am unaware of even any technical reports documenting the AEC sponsored
uranium processing that occurred during the 1940's.

NIOSH claims (p. 4, Information Used) that the primary data source for the dose
reconstruction was “dosimetry records obtained from the Department of Energy”. This is
patently untrue and misleading. As noted, there is no data for my father’s dose or
workplace conditions from which to perform a valid dose reconstruction.

NIOSH says the way they perform dose reconstruction is (p.:3)

“NIOSH reconstructs radiation doses by evaluating all available, appropriate
data relevant to the employee's radiation exposure. Some examples of data
that may be included in the dose reconstruction include, but are not limited
to, internal dosimetry (such as results from urinalysis), external dosimetry
data (such as film badge reading), workplace monitoring date (such as air
sample results), workplace characterization data (such as type and amount
of radioactive material processed), and descriptions of the type of work
performed at the work location.”

In case, they must have invented a new methodology since at best, only a
description of the type of work performed was available.

Page 1 of 3



09-12-08 P02:37 IN

September 9, 2008

Office of Compensation Analysis and Support
NIOSH

4676 Columbia Parkway, MS-C-47
Cincinnati, Ohio 45226

SPECIAL EXPOSURE COHORT PETITION

Petitioner:

Attached is a petition to establish a Special Exposure Cohort for workers at the AWE
Standard Oil Development Company in Linden, NJ for the period 1942 — 1964. This
SEC is requested on the basis that there are no surviving records of radiological
conditions or personnel exposures for Manhattan Project work during WWII, and/or any
exposures that may have occurred due to residual contamination for decades thereafter.

This petition is filed using SEC Form B and attachments. Please initiate review of this
petition and inform me when the SEC is approved.

Thank you for your prompt attention,

Ce: Congressman Gresham Barrett
233 Pendleton St, NW
Aiken, SC 29801

Energy Employees Compensation Center
1718 Bunting Dr.
North Augusta, SC 29841



Attachment to Special Exposure Cohort Petition, Form B Section F.1
Petitioner: NIOSH Tracking :

Finding 5: The approach taken by NIOSH to develop year-specific correction factors to
inhalation doses does not appear to be claimant favorable. Doses in the early years may
be understated.

Finding 6: NIOSH did not consider radon exposures in developing inhalation exposure
rates. Since pitchblende ore contains significant quantities of Ra-226 and its progeny, this
omission significantly understates inhalation exposure rates for workers involved with
operations at the front end (ore processing) of the refining process.

In summary, | request that my claim be considered for Special Exposure Cohort treatment.
A defendable dose reconstruction cannot be completed. Conditions or incidents which
could have resulted in significant dose are long forgotten and not recorded.

The dose reconstruction that was performed is neither valid nor relevant. [tis not claimant
favorable because it does consider that conditions or incidents at the work site might have
been different (worse) than the reference site. Although Standard Oil may have been more
of a lab type operation than the basis facilities, that may have no relationship to an
individual’s dose. In fact, it is quite possible that lab work would be more “hands on” than a
larger scale production operation, and in either case, routine upset conditions or
containment breaches may have occurred for which no records survive today.

PS F/IS8

Date

Ne
My Commiselen Expires July 28, 2025 :

Page 3 of 3


Special Exposure Cohort Petition U.S. Department of Health and Human Services
under the Energy Employees Occupational Centers for Disease Control and Prevention
lliness Compensation Act National Institute for Occupational Safety and Health

OMB Number: 0920-0639 Expires: 05/31/2007
Special Exposure Cohort Petition — Form B Page 7 of 7

Public Burden Statement

Public reporting burden for this collection of information is estimated to average 300 minutes per response,
including time for reviewing instructions, gathering the information needed, and completing the form. If you
have any comments regarding the burden estimate or any other aspect of this collection of information,
including suggestions for reducing this burden, send them to CDC Reports Clearance Officer, 1600 Clifton
Road, MS-E-11, Atlanta GA, 30333; ATTN:PRA 0920-0639. Do not send the completed petition form to this
address. Completed petitions are to be submitted to NIOSH at the address provided in these instructions.
Persons are not required to respond to the information collected on this form unless it displays a currently
valid OMB number,

Privacy Act Advisement

In accordance with the Privacy Act of 1974, as amended (5 U.S.C. § 552a), you are hereby notified of the
following:

The Energy Employees Occupational Illness Compensation Program Act (42 U.S.C. §§ 7384-7385)
(EEOICPA) authorizes the President to designate additional classes of employees to be included in the
Special Exposure Cohort (SEC). EEOICPA authorizes HHS to implement its responsibilities with the
assistance of the National Institute for Occupational Safety (NIOSH), an Institute of the Centers for Disease
Control and Prevention. Information obtained by NIOSH in connection with petitions for including additional
classes of employees in the SEC will be used to evaluate the petition and report findings to the Advisory
Board on Radiation and Worker Health and HHS.

Records containing identifiable information become part of an existing NIOSH system of records under the
Privacy Act, 09-20-147 “Occupational Health Epidemiological Studies and EEOICPA Program Records.
HHS/CDC/NIOSH.” These records are treated in a confidential manner, unless otherwise compelled by law.
Disclosures that NIOSH may need to make for the processing of your petition or other purposes are listed
below.

NIOSH may need to disclose personal identifying information to: (a) the Department of Energy, other federal
agencies, other government or private entities and to private sector employers to permit these entities to
retrieve records required by NIOSH; (b) identified witnesses as designated by NIOSH so that these
individuals can provide information to assist with the evaluation of SEC petitions; (c) contractors assisting
NIOSH; (d) collaborating researchers, under certain limited circumstances to conduct further investigations;
(e) Federal, state and local agencies for law enforcement purposes; and (f) a Member of Congress or a
Congressional staff member in response to a verified inquiry.

This notice applies to all forms and informational requests that you may receive from NIOSH in connection
with the evaluation of an SEC petition.

Use of the NIOSH petition forms (A and B) is voluntary but your provision of information required by these
forms is mandatory for the consideration of a petition, as specified under 42 CFR Part 83. Petitions that fail to
provide required information may not be considered by HHS.

—_
Name or Social Security Number of First Petitioner: K



Special Exposure Cohort Petition U.S. Department of Health and Human Services
under the Energy Employees Occupational Centers for Disease Control and Prevention
Illness Compensation Act National institute for Occupational Safety and Health

OMB Number: 0920-0639 Expires: 05/31/2007

Page 3 of 7
re a labor organization.

Special Exposure Cohort Petition — Form B
n Information — Complete Section D ONLY if yo!

D.1. Labor Organization Information:

Name of Organization

Position of Contact Person
D.2_ Name of Petition Representative:

D.3. Address of Petition Representative:

Street Apt # P.O. Box

City State Zip Code
D.4 ‘Telephone Number of Petition Representative: )

D.5 ‘Email Address of Petition Representative:

D.6 Period during which labor organization represented employees covered by this petition
(please attach documentation): Start End

D.7__ Identity of other labor organizations that may represent or have represented this class of
employees (if known):

Name or Social Security Number of First Petitioner: _ -



Special Exposure Cohort Petition U.S. Department of Health and Human Services

under the Energy Employees Occupational Centers for Disease Control and Prevention
iness Compensation Act National Institute for Occupational Safety and Health
OMB Number: 0920-0639 Expires: 05/31/2007

Page 2 of 7
resenting a Survivor.

Special Exposure Cohort Petition — Form B
B Survivor Inform

ion — Complete Section B if you are a Survivor or

B.1 Name of Survivor: ad

wu/Mrs./Ms. First Name Middle Initial Last Name
B.2. Social Security Number of Survivor:
B.3 Address of Survivor:

Street Apt # P.O. Box

City ‘ State Zip Code
B.4 Telephone Number of Survivor:
B.S Email Address of Survivor:

f
B.6 Relationship to Employee: Q Spouse ef Son/Daughter Q Parent
Q Grandparent Q Grandchild

oe

Employee Information — Complete Section C UNLESS you are a labor organization.

C10 Nama nf Emntauac- _

Mr/Mrs./Ms. First Name Middle Initial Last Name
C.2 Former Name of Employee (e.g., maiden name/legal name change/other):
Mr./Mrs./Ms. First Name Middle Initial Last Name

C.3. Social Security Number of Employee:
C.4 Address of FmPiys (if living):

Street Apt # P.O. Box
City State Zip Code
C.5 Telephone Number of Employee: ( d 2

C.6 Email Address of Employee:

C.7 Employment Information Related to Petition:
C.7a Employee Number (if known):

C.7b Dates of Employment: Start lof) G37 End 2/1962,
C.7c¢ Employer Name: Storclark Mil Twe lopment Co.
C.7d Work Site Location; __“Fe@seeueel. Contr , Linctea, ALT
caf Poceut 2a;
C.7e Supervisor’s Name: —

Name or Social Security Number of First Petitioner: __ _



Special Exposure Cohort Petition U.S. Department of Health and Human Services
under the Energy Employees Occupational Centers for Disease Control and Prevention
Ilness Compensation Act National Institute for Occupational Safety and Health

OMB Number: 0920-0639 Expires: 05/31/2007
Special Exposure Cohort Petition — Form B Page 4 of 7

separate packet):

General Instructions on Completing this Form (complete instructions are available in a
Except for signatures, please PRINT all information clearly and neatly on the form.

Please read each of Parts A — G in this form and complete the parts appropriate to you. If there is more
than one petitioner, then each petitioner should complete those sections of parts A-—C of the form that apply
to them. Additional copies of the first two pages of this form are provided at the end of the form for this pur-
pose. A maximum of three petitioners is allowed.

If you need more space to provide additional information, use the continuation page provided at the end of
the form and attach the completed continuation page(s) to Form B.

If you have questions about the use of this form, please call the following NIOSH toll-free phone number and
request to speak to someone in the Office of Compensation Analysis and Support about an SEC petition:
1-800-356-4674,

QA Labor Organization, ~ Start at D on Page 3

Ifyou Q An Energy Employee (current or former), StartatC on Page2
are: A Survivor (of a former Energy Employee), Start atB on Page2
Q A Representative (of a current or former Energy Employee), StartatA on Page 1

Representative Information — Complete Section A if you are authorized by an Employee or
Survivor(s) to petition on behalf of a class.

A1_ Are you a contact person for an organization? Q Yes (Go to A.2) Q No (Go to A.3)

A.2 Organization Information:

Name of Organization

Position of Contact Person
A3 Name of Petition Representative:

Mr./Mrs./Ms. First Name Middle Initial Last Name
A4 Address:

Street Apt # P.O. Box
City State Zip Code
A.5 Telephone Number: ¢ )

A6 Email Address:

AZ  Q Check the box at left to indicate you have attached to the back of this form written authorization to
petition by the survivor(s) or employee(s) indicated in Parts B or C of this form. An authorization

Name or Social Security Number of First Petitioner: _