(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).

V. 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
scattered sections of 42 U.S.C.). Pursuant to 42 U.S.C. § 7384/(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: Page 4
Westinghouse Atomic Power Development Plant



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

Westinghouse Atomic Power Development Plant
East Pittsburgh, Pennsylvania

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HHS Special Exposure Cohort Designation:
Westinghouse Atomic Power Development Plant



I. Designation

|, Charles E. Johnson, Acting 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.

Marek 31 2005 me
Date Charles Earby

Il. Employee Class Definition

All Atomic Weapons Employer (AWE) employees who worked at Westinghouse
Atomic Power Development Plant in East Pittsburgh, Pennsylvania from August 13,
1942 through December 31, 1944, for a number of work days aggregating at least
250 work days, occurring either solely under this employment or in combination with
work days within the parameters established for one or more other classes of
employees in the SEC.

lll. 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.

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 March 4,
2009.

HHS Special Exposure Cohort Designation: Page 2
Westinghouse Atomic Power Development Plant



\V.

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.

NIOSH lacks sufficient information, which includes specific biological monitoring
data, sufficient air monitoring information, sufficient process and radiological
source information, and surrogate data from similar operations at other sites that
would allow it to estimate the potential internal or external exposures to natural or
enriched uranium to which the proposed class may have been exposed.
However, as indicated above NIOSH believes that it is possible to reconstruct
occupational medical dose.

NIOSH has documented that it cannot complete dose reconstructions related to
this petition. The basis of this finding demonstrates that NIOSH does not have
access to sufficient information to estimate either the maximum radiation dose
incurred by any member of the class or to estimate such radiation doses more
precisely than a maximum dose estimate.

Pursuant to 42 C.F.R. § 83.13(c)(1), NIOSH determined that there is insufficient
information to either: (1) 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 (2)
estimate the radiation doses of members of the class more precisely than a
maximum dose estimate. .

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

Although NIOSH found that it is not possible to completely reconstruct radiation
doses for these employees, NIOSH can reconstruct occupational medical dose.
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.”

HHS Special Exposure Cohort Designation: Page 3
Westinghouse Atomic Power Development Plant