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:
Nuclear Materials and Equipment Corporation (NUMEC)


(7) Because of concerns regarding data provided by the NUMEC Apollo contractor,
Controls for Environmental Pollution (CEP), from 1976-1983, it is not
appropriate in this specific instance for NIOSH to rely on that data in completing
dose reconstructions or other EEOICPA related activities. If CEP provided
information for any other covered facility or site, a case by case determination
will be made based on available information about whether or not to utilize such
data.

(8) The Board concurred with the NIOSH evaluation and recommended the proposed
class for addition to the SEC.

(9) Although NIOSH found that it is not possible to completely reconstruct radiation.
doses for these employees, NIOSH determined that it is possible to reconstruct
occupational medical dose and components of the internal dose (uranium doses
starting from 1960). Therefore, individuals with non-presumptive cancers may be
considered for partial dose reconstructions.

Health Endangerment

The Secretary established the health endangerment determination for the class of
employees covered by this report based 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).

(3) The Board concurred with NIOSH’s finding 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).

Vv. Effect and Effective Date of Designation

The Secretary submits this report on the 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

HHS Special Exposure Cohort Designation:
‘Nuclear Materials and Equipment Corporation (NUMEC)


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

Nuclear Materials and Equipment Corporation (NUMEC)
Apollo, Pennsylvania

HHS Special Exposure Cohort Designation:
Nuclear Materials and Equipment Corporation (NUMEC)


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 (EEQICPA), 42 U.S.C. § 7384q.

—NOV.29 2007
Ly
Date Michael O. Leavitt

IL — Employee Class Definition

Atomic Weapons Employer (AWE) employees who were monitored or
should have been monitored for exposure to ionizing radiation while
working at the Nuclear Materials and Equipment Corporation (NUMEC) in
Apollo, Pennsylvania from January 1, 1957, through December 31, 1983, for
a number of work days aggregating at least 250 work days 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. § 73844, 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.

HHS Special Exposure Cohort Designation:
Nuclear Materials and Equipment Corporation (NUMEC)


The Board, pursuant to 42 U.S.C. § 7384q, advised the Secretary to designate the
class as an addition to the SEC in a letter received by the Secretary on October 30,
2007.

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 based upon the findings summarized below.

(1) Internal monitoring data could not be found prior to 1960, and NIOSH found that
the bioassay data from 1976 through 1983 was not suitable for use. NIOSH
determined that uranium exposure modeling using back extrapolation of coworker
data would be inconclusive without detailed process information; therefore a
maximum uranium dose could not be established to bound this class prior to 1960.

(2) There is neither information providing an adequate description of thorium and
plutonium operations, nor any monitoring data, process description, or source
term data for thorium and plutonium operations. Therefore, individual dose
reconstructions can not be completed for these AWE employees, nor can a basis
be provided for the work that was done to allow NIOSH to bound the maximum
plausible dose.

(3) Potential elevated ambient radiation levels from stack releases at the plant are not
well-documented, so the dose from those releases can not be established for the
dose reconstruction.

(4) Because information is lacking to adequately characterize the radium-beryllium
and polonium-beryllium neutron source fabrication operations, NIOSH has
concluded that there is insufficient data to establish an accurate bounding estimate
for dose resulting from these operations.

(5) 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.

(6) All Atomic Weapons Employees who were employed at the Apollo NUMEC
facility, regardless of job classification, shall be presumed to have been employed
in a job which was or should have been monitored since all NUMEC workers had
the potential to receive exposures to onsite releases of radioactive material.

HHS Special Exposure Cohort Designation:
Nuclear Materials and Equipment Corporation (NUMEC)