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

AUG 15 2008

The Honorable John A. Boehner
Minority Leader

House of Representatives
Washington, D.C. 20515

Dear Mr. Boehner:

Pursuant to the Energy Employees Occupational Illness
Compensation Program Act of 2000 and 42 C.F.R. pt. 83, a
petition was filed on behalf of workers from Spencer Chemical
Company/Jayhawk Works near Pittsburg, Kansas, to be added to the
Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) evaluated
the petition and presented its findings to the Advisory Board on
Radiation and Worker Health (Board) on June 25, 2008. The Board
considered the petition, and on July 17, 2008, I received the
Board's recommendation concerning this petition. I have also
received the deliberations, findings, and recommendations of the
Director of NIOSH and the Director of CDC. I have designated
the following class for addition to the SEC:

All Atomic Weapons Employer employees who worked at
Spencer Chemical Company/Jayhawk Works near Pittsburg,
Kansas, from January 1, 1956, through December 31, 1961,
for a number of workdays aggregating at least 250
workdays occurring either solely under this employment or
in combination with workdays 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.

Michael O. Leavitt

Enclosure



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:
Spencer Chemical Company/Jayhawk Works



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.

AUG 15 2008

mi
Date Michael O. Leavitt

II. | Employee Class Definition

All Atomic Weapons Employer (AWE) employees who worked at Spencer
Chemical Company/Jayhawk Works near Pittsburg, Kansas, from January 1,
1956 through December 31, 1961 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 Special Exposure Cohort.

III. | Designation Criteria and Recommendations

Pursuant to 42 U.S.C. § 73844q, 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 ina letter received by the Secretary on July 17, 2008.

HHS Special Exposure Cohort Designation:
Spencer Chemical Company/Jayhawk Works



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

Spencer Chemical Company/Jayhawk Works
Pittsburg, Kansas

HHS Special Exposure Cohort Designation:
Spencer Chemical Company/Jayhawk Works



(7) Although NIOSH found that it is not possible to completely reconstruct radiation
doses for these employees, NIOSH can reconstruct internal and external uranium
dose and 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.”

(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
US.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 {his teport__-
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

HHS Special Exposure Cohort Designation:
Spencer Chemical Company/Jayhawk Works



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

AUG 15 2008

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

Dear Mr. President:

Pursuant to the Energy Employees Occupational Illness
Compensation Program Act of 2000 and 42 C.F.R. pt. 83, a
petition was filed on behalf of workers from Spencer Chemical
Company/Jayhawk Works near Pittsburg, Kansas, to be added to the
Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) evaluated
the petition and presented its findings to the Advisory Board on
Radiation and Worker Health (Board) on June 25, 2008. The Board
considered the petition, and on July 17, 2008, I received the
Board's recommendation concerning this petition. I have also
received the deliberations, findings, and recommendations of the
Director of NIOSH and the Director of CDC. I have designated
the following class for addition to the SEC:

All Atomic Weapons Employer employees who worked at
Spencer Chemical Company/Jayhawk Works near Pittsburg,
Kansas, from January 1, 1956, through December 31, 1961,
for a number of workdays aggregating at least 250
workdays occurring either solely under this employment or
in combination with workdays 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.

incerely,

Mithael O. Leavitt

Enclosure



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.

(A) Principal sources of internal radiation doses for members of the proposed class
included exposures to uranium and thorium. Internal exposures could have
resulted from inhalation and ingestion of dust generated by the thorium and
uranium operations or contaminated dust that was re-suspended by foot traffic.

(2) No internal personnel monitoring data or area monitoring data are available. No
source term information has been identified to permit characterizing and
evaluating thorium operations, and limited data exist for uranium operations.

(3) Based on the lack of information on thorium exposures, NIOSH has determined
that the thorium internal dose cannot be reconstructed. Therefore, NIOSH has
concluded that it cannot bound internal thorium dose. NIOSH can reconstruct
internal uranium dose using site and process information and data from surrogate
sites that performed similar uranium processes.

(4) Although the potential for external radiation dose from thorium compounds
existed, NIOSH does not know the extent of the activities that were performed
with thorium compounds, the work processes, or the exposure conditions.
NIOSH has not found information to adequately characterize the thorium
operations. The supporting documentation available to NIOSH states that
external monitoring was performed during the operational period. However,
NIOSH has not located any individual external monitoring data or employee
dosimetry records despite exhaustive research efforts. NIOSH is unable to bound
external dose from thorium activities based upon the information to which it has
access. NIOSH is able to reconstruct external uranium dose using source term
and process information from the Spencer Chemical Company/Jayhawk Works
and data from surrogate sites that performed similar uranium processes.

(5) 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.

(6) The Board concurréd with the NIOSH evaluat
class for addition to the SEC.

HHS Special Exposure Cohort Designation:
Spencer Chemical Company/Jayhawk Works



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

AUG 15 2008

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. pt. 83, a
petition was filed on behalf of workers from Spencer Chemical
Company/Jayhawk Works near Pittsburg, Kansas, to be added to the
Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention'’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) evaluated
the petition and presented its findings to the Advisory Board on
Radiation and Worker Health (Board) on June 25, 2008. The Board
considered the petition, and on July 17, 2008, I received the
Board's recommendation concerning this petition. I have also
received the deliberations, findings, and recommendations of the
Director of NIOSH and the Director of CDC. I have designated
the following class for addition to the SEC:

All Atomic Weapons Employer employees who worked at
Spencer Chemical Company/Jayhawk Works near Pittsburg,
Kansas, from January 1, 1956, through December 31, 1961,
for a number of workdays aggregating at least 250
workdays occurring either solely under this employment or
in combination with workdays 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,

Enclosure



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

AUG 15 2008

The Honorable Mitch McConnell
Minority Leader

United States Senate
Washington, D.C. 20510

Dear Senator McConnell:

Pursuant to the Energy Employees Occupational Illness
Compensation Program Act of 2000 and 42 C.F.R. pt. 83, a
petition was filed on behalf of workers from Spencer Chemical
Company/Jayhawk Works near Pittsburg, Kansas, to be added to the
Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) evaluated
the petition and presented its findings to the Advisory Board on
Radiation and Worker Health (Board) on June 25, 2008. The Board
considered the petition, and on July 17, 2008, I received the
Board's recommendation concerning this petition. I have also
received the deliberations, findings, and recommendations of the
Director of NIOSH and the Director of CDC. I have designated
the following class for addition to the SEC:

All Atomic Weapons Employer employees who worked at
Spencer Chemical Company/Jayhawk Works near Pittsburg,
Kansas, from January 1, 1956, through December 31, 1961,
for a number of workdays aggregating at least 250
workdays occurring either solely under this employment or
in combination with workdays 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.

incerely,

Michael 0. Leavitt

Enclosure



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

AUG 15 2008

The Honorable Harry Reid
Majority Leader

United States Senate
Washington, D.C. 20510

Dear Senator Reid:

Pursuant to the Energy Employees Occupational Illness
Compensation Program Act of 2000 and 42 C.F.R. pt. 83, a
petition was filed on behalf of workers from Spencer Chemical
Company/Jayhawk Works near Pittsburg, Kansas, to be added to the
Special Exposure Cohort (SEC).

The Centers for Disease Control and Prevention’s (CDC) National
Institute for Occupational Safety and Health (NIOSH) evaluated
the petition and presented its findings to the Advisory Board on
Radiation and Worker Health (Board) on June 25, 2008. The Board
considered the petition, and on July 17, 2008, I received the
Board's recommendation concerning this petition. I have also
received the deliberations, findings, and recommendations of the
Director of NIOSH and the Director of CDC. I have designated
.the following class for addition to the SEC:

All Atomic Weapons Employer employees who worked at
Spencer Chemical Company/Jayhawk Works near Pittsburg,
Kansas, from January 1, 1956; through December 31, 1961,
for a number of workdays aggregating at least 250
workdays occurring either solely under this employment or
in combination with workdays 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.

Fn ee ge meen ms incerely;~

Michael O. Leavitt

Enclosure