U.S. Department of Health and Human Services Determination Concerning a 

Petition to Add Members to the Special Exposure Cohort 

under the 

Energy Employees Occupational Illness Compensation Program Act of 2000 

Determination Concerning a Petition for Certain Employees from 

Superior Steel Co. 

Carnegie, Pennsylvania 

HHS Special Exposure Cohort Determination: 

Superior Steel Co., Carnegie, Pennsylvania [SEC 00247] 
 

 

 

 

I. Determination

I, Xavier Becerra, Secretary of Health and Human Services (Secretary) (HHS), have 

determined that the employees defined in Section II of this report do not meet the statutory 

criteria 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.

 

 Date 

August 19, 2021

 Xavier Becerra, Secretary 

[Signature on File]

II. Employee Class Definition

All atomic weapons employees who worked in any area at Superior

Steel Co. in Carnegie, Pennsylvania, during the period from January 1,

1952, through December 31, 1957.

III. Decision Criteria and Recommendations

Pursuant to 42 U.S.C. § 7384q, to designate a class for addition to the SEC, the Secretary 

must determine, upon recommendation of the Advisory Board on Radiation and Worker 

Health (Board), 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 the National Institute 

for Occupational Safety and Health (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. 

In a letter dated October 29, 2020, and received on November 2, 2020, the Board, pursuant to 

42 U.S.C. § 7384q, agreed with the following NIOSH findings, effectively advising the 

Secretary that radiation doses can be reconstructed with sufficient accuracy for the evaluated 

HHS Special Exposure Cohort Determination: 

Superior Steel Co., Carnegie, Pennsylvania [SEC 00247] 

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class of employees who worked at the Superior Steel Co. in accordance with provisions of 

EEOICPA and the SEC final rule. 

IV. Determination Findings

Feasibility of Estimating Radiation Doses 

The Secretary established the feasibility determination for the class of employees covered by 

this report based upon the findings summarized below: 

• The principal sources of internal radiation doses assessed for members of the class under

evaluation included inhalation of uranium dust produced from the manipulation and

oxidation of uranium metal during rolling and related processes. Superior Steel Co.

workers also received such exposures to thorium during the non-AEC test-scale rolling

operation with 700 pounds of thorium metal in March or April 1956 for a commercial

customer. NIOSH has concluded that internal radiation dose reconstruction for uranium

and thorium exposures is feasible.

• NIOSH has determined that is has sufficient information to reconstruct internal radiation

doses for the evaluated class of employees who worked at the site from January 1, 1952,

through December 31, 1957.

• Principal sources of external radiation for members of the class under evaluation included

direct exposure from being in proximity to the uranium ingots, exposure from contaminated

surfaces, and submersion in air contaminated with dust generated via the processing of

uranium metal for the AEC. Superior Steel Co. workers also received such exposures

during the non-AEC test-scale rolling operation with 700 pounds of thorium metal in

March or April 1956 for a commercial customer. NIOSH concluded that external radiation

dose reconstruction from uranium and thorium exposures is feasible.

• NIOSH has determined that is has sufficient information to reconstruct external radiation

doses for the evaluated class of employees who worked at the site from January 1, 1952,

through December 31, 1957.

• NIOSH has established that it has access to sufficient information to: (1) estimate the

maximum radiation dose, for every type of cancer for which radiation doses are

reconstructed, that could have been incurred in plausible circumstances in any member of

the class; or (2) estimate radiation doses more precisely than an estimate of maximum

dose for all covered Superior Steel Co. employees from January 1, 1952, through

December 31, 1957. Information in available resources is sufficient to estimate the

maximum internal and external potential exposure to members of the evaluated class

under plausible circumstances during the specified periods.

• The Board concurred with NIOSH's determination that dose reconstruction is feasible for

the evaluated class of Superior Steel Co. employees who worked at the site from January

HHS Special Exposure Cohort Determination: 

Superior Steel Co., Carnegie, Pennsylvania [SEC 00247] 

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1, 1952, through December 31, 1957, and therefore the class should not be added to the 

SEC. 

Health Endangerment 

Because the Secretary established that it is feasible to estimate the radiation doses 

encountered by Superior Steel Co. employees as specified in this class, a determination of 

health endangerment is not required. 

V. Effect of the Determination 

Members of the class of employees covered by this determination and their survivors 

continue to be eligible to submit claims for compensation under EEOICPA. As required for 

cancer claims covering other Department of Energy and Atomic Weapons Employer 

employees (or Atomic Weapons employees) not included in the SEC, qualified cancer claims 

under Part B of EEOICPA for members of this class will be adjudicated by the Department 

of Labor, in part, on the basis of radiation dose reconstructions, which will be conducted by 

NIOSH. 

VI. Administrative Review of Determination 

The determination 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 designate the class of employees covered by this determination, in part or in 

whole, as an addition to the SEC, the Secretary will transmit a new report to Congress 

providing the designation and the criteria and findings on which the decision was based. 

HHS Special Exposure Cohort Determination: 

Superior Steel Co., Carnegie, Pennsylvania [SEC 00247] 

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