Document 1B6BBLk5oqDKgZOJbbonZKmE

1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 UNITED STATES DISTRICT COURT 1 .i FOR THE DISTRICT OF OHIO WESTERN DIVISION MARY A. DENDINGER, etc., x -against- Plaintiff, INDEX NO. C/87/7117 CHRYSLER PLASTIC PRODUCTS CORPORATION, et 1., Defendants. X DEPOSITION of a Non-Party Witness by, ROSCOL NICHOLAS WHEELER, taken by Plaintiffs, Pursuant to Notice, held at the Royce Hotel 90-10 Grand Central Parkway, Queens, New York, before Margaret Scaffidi Shorthand Reporter and Notary Public of the State of New York, on Wednesday, December 9th, 1987, commencing at 10:00 a.m. COMMERCE REPORTING COMPANY 139 EAST 57TH STREET NEW YORK, NEW YORK 10017 (212) 750-9696 URL 05816 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES : 2 FOR THE PLAINTIFF MARY DENDINGER. ..ETC-. MURRAY & MURRAY COMPANY, L.P.A. 30Q Central Avenue Sandusky, Ohio 44870 BY: KIRK J. DELLl BOVI, ESQ. FOR THE DEFENDANTS BFGOODRICH COMPANY, THE GOODYEAR TIRE & RUBBER COMPANY, FIRESTONE TIRE & RUBBER COMPANY, CONOCO INCORPORATED, UNION CARBIDE CORPORATION, DIAMOND SHAMROCK CORPORATION, TENNECO INCORPORATED, AND OCCIDENTAL CHEMICAL CORPORATION THE LAW OFFICES OF FULLER HENRY, ESQS. 1200 Edison Pleza 300 Madison Avenue P.0. Box 2088 Toledo, Ohio 43603 BY: ROBERT A. BUNDA ESQ. FOR THE DEFENDANT STAUFFER CHEMICAL COMPANY THOMPSON, HINE & FLORY, ESQS. National City Bank Building Cleveland, Ohio 44114 TELEX: 980217 (216) 566-5500 or (216) 566-5523 BY: TIMOTHY 3. COUGHLIN, ESQ. COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05817 1 2 3 4 ?i 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEARANCES: 3 F0R..THE.....D.E_FENDANT....A ... SCHULMAN... I_NCORPORATED MANAHAN, P I E T R YKOWS K I , BAMMAN & DELANEY, 414 North Erie Street P.O. Box 2323 Toledo, Ohio 43603 (419) 243-6143 ESQS . BY: LARRY P. MEYER, ESQ. FOR UNION CARBIDE PETER DAVEY, ESQ. 39 Old Bridgeberry Road Dunbury, Connectic ut 06817 BY : PETER DAVEY, ESQ. COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05818 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 4 IT IS HEREBY STIPULATED AND AGREED, by and among the attorneys for the respective parties herein, that the sealing, filing and certification of the' within deposition be waived; that such deposition may be signed and sworn to before any officer authorized to administer an oath, with the same force and effect as if signed and sworn to before the officerbefore whom said deposition is taken. IT IS FURTHER STIPLATED AND AGREED that all objections, except as to form, are reserved to the time of trial. oOo COMMERCE REPORTING COMPANY, INC., (212) 750-9696 S l8 S 0 ld n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler ROSCOL NICHOLAS WHEELER a Witness stating his address as 2611 Putter's Lane, Melbourne, Florida 32901, sworn by Margaret Scaffidi Shorthand Reporter and Notary Public of the State of New York, was examined and testified as follows: EXAMINATION BY MR. BOVI: 0. Mr. Wheeler, my name is Kirk Bovi. If there are any questions that I ask you this morning that are not clear to you or that you don't understand, would you indicate that to me before you answer the question? A. I will try. 0. Thank you, sir. Would you state your full name, please? A. Q. Roscol Nicholas Wheeler, Jr. What is your present address, Mr. Wheeler'? A. 2611 Putter's Lane, Melbourne, Florida 32901. Q. How long have you lived at that 5 COMMERCE REPORTING COMPANY, INC., (212) 750- 9696 URL 05820 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler address? A. Two years, a little over t years. Q. Do you reside at that address in Florida year round? A. Yes. 0. Prior to living in Melbourne, Florida, where did you reside? A. Charleston, West Virginia. Q. Do you have any plans at the present time of changing your address within the next six months? A. No. Q. What is your present age? A. 65 this month. CJ. Would you outline for- me, fir. Wheeler, your educational background after you graduated from high school? A. I attend Marshall University in Huntington, West Virginia, for two years, and went to Virginia Polytechnic Institute for two years and received a degree in chemical engineering. 0. Did you receive adegree from 6 COMMERCE REPORTING COMPANY, INC., (212) 750- 9696 U R L 05821 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas UJheeler Marshall University? A. No, that wti` simply a part of the chemical engineering degree. Q. What type of course work did you pursue at Marsnall? A. Primarily the initial engineering courses. Q. What degree did you obtain from the Polytechnic institute? A . B.S. in chemical engineering. Q . In 1943? A. Yes. Q . Have you taken any courses at the college or university level since you obtained your B.S. degree in 1943? A. There were a number of them, either company sponsored courses or courses that were sponsored by the Local Chapter of the American Institute of Chemical Engineers. O. Have you taken any courses at the college level, at -- A. No. 0 . -- any colleges or universities? Your answer is no? 7 C 33 COMMERCE REPORTING COMPANY, INC. (212) 750-9696 URL 05822 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A . No. Q. After you obtained your degree from West Virginia Polytechnic Institute in 1943, where were you first employed? A. I was employed by Union Carbide Institute, March 15, 1943. 0. Your initial position there was that of a gas analyst? A. Yes. Q. What type of gases were you analyzing? A. Primarily butadiene styrene. It was a butadiene styrene manufacturing plant. The gases primarily were the C4*s that would run the range from the C4's up to methane and various things in between, all sorts of things such as opepaldenyee, which was an Intermediate product. Etheneen was an intermediate product. But primarily it was all based in the C4 hydrocarbons. 0. Was the butadyene styrene plant and institute a separate facility from polyvinyl chloride production facility of 8 $ COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05824 1 Roscol Nicholas Wheeler 9 2 Union Carbide in West Virginia? 3 A . Yes. 4 Q. Did you do any analysis, whiLe 5 you were at the butadiene styrene plant, of 6 vinyl chloride? 7 A. No. 8 Q. You were a gas analyst for 9 approximately one year before you became a 10 technical assistant? 11 A. That's correct. 12 Q. hr. Wheeler, did you work at the 1 3 butadiene styrene plant for approximate one 14 year as technical assistant before you went 15 to the South Charleston facility of Union 16 Carbide? 17 A. I was technical assistant in the 18 styrene manufacturing portion. It is a vinyl 19 monomer. 20 0. Union Carbide never produced PVC 21 at its institute in the West Virginia 22 facility; -did it? 23 A. No. 24 Q. That was only produced at the 25 South Charleston COMMERCE REPORTING COMPANY, INC., (212) 750- 9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. It was produced at the South facility at that time. Q. Is it still produced at the South Charleston facility, to the best of your knowledge? A. I think so, to the best of my know ledge. Q. Is it still produced at Texas City? A. Yes. Q. When did you first become involved, hr. Wheeler, as an employee of Union Carbide with either the production of polyvinyl chloride or vinyl chloride? A . I think you have a resume O 1' mine there. I think it was 1946. You can check that, the date there is reasonably good. My memory may not be quite up to par. MR. BOVI: Bob, do you have an extra copy of Mr. Wheeler*& resume that he could look at and I could go through it with him? MR. BUNDA: No, I *m sorry, I don * t. 1C COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05825 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Q. Your resume indicates that in 1945, Mr. Wheeler-, you were involved in production supervision in technical project work in solvent polymerization of vinyl chloride; is that correct? A. Then I was not correct when I said 1946, it was 1945. MR. BUNDA: Off the record. (Discussion off the record.) G. What was the extent of your involvement in vinyl chloride polymerization in 1945? A. I was in responsible charge of a polymeri2ation unit. Q. Using what process? A. Using the solution process. Q. Did Union Carbide utilize any other polymerization processes at the time, other than solution? A. No, they had other processes. They had an emulsion plant and they had a nonsolvent plant which you can characterize as bulk. It is not. It was iri no way similar to the so-called bulk, which I think you made ii COMMERCE REPORTING COMPANY, INC., (212) 75D-9696 URL 05827 1 Roscol Nicholas Wheeler 12 2 reference to. 3 0. Did Union Carbide employ these 4 three processes at its South Charleston plant 5 in 1945? 6 A. Yes. 7 0. Did it employ the same processes a at its facility in Texas City? 9 A. The Texas City Plant was not 10 even built until about 1946. I could be 11 wrong by a year or so there, but I would say 12 roughly, I think they started building the 13 plant about 1946, and it may have been 14 another year before it actually went into 15 operation. 16 0. Your particular involvement in 17 1945 was with the solution process? 16 A. That's correct. 19 Q. Your resume also indicates that 20 you were involved in polymerization monomer 21 recovery? 22 A. - Yes. 23 Q. What processes did Union Carbide 24 use at that time to recover monomers? 25 A. Each specialized process had its COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Roscol Nicholas Wheeler own individual monomer recovery system. It had to be adopted to the particular process to the resin being manufactured. Q, Let's talk about the solution process. What monomer recovery methods did Union Carbide use at that time? A. Solution process monomer recovery was a distillation operation. You were dealing with e resin solution and the unconverted monomer was distilled out of the resin solution. 0. How? A. By heat and vacuum. You are familiar with distillation? 0. Would you indicate for me, in terms of the emulsion process, what monomer recovery method Union Carbide used in 1945 and 1946? A. You are asking for something which I cannot really specify since I was not working in that plant at that time. Q. Okay. Can you tell me the monomer recovery process that was used in the nonsolvent 13 i COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05828 1 2 3 4 5 6 7 8 9 10 11 12 13 14 .1 5 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler operation, or you are not familiar with that? A. Again, I was not involved with that, so I can't speak of my own knowledge. 0. For how long after- 1945 did Union Carbide continue to use the distillation monomer recovery process in the solution process for the polymerization of vinyl chloride? A. It's still in use. Q. Has it been modified? A. Yes. Q. When and how? A. The distillation was made more intensive end it was subject to Quality control more so than in earlier years. 0. When was that change made or first made? A. I would say it was a gradual change, though the most marked change would have been in early 1974. But no processes con be sai-d to be constant over a period of years. Q. Can you tell me, between 1946 and 1974 more specifically, how the recovery 14 CO COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05& 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler process was altered in the solution process? A. We put in a flash tank after the distillation column, which was operated at a somewhat higher vacuum. That was the first step. Then, I think about 1974, and these dates are approximate, we doubled the number of distillation trays in use. When you do that you also do a better separation job. 0. When was the flash tank installed, approximately? A. This is a real wild guess. I would soy -MR. BUNDA: If you know, tell him. If you don't, don't guess. THE WITNESS: Okay. A. (Continuing) I*m sorry, I can't guess. 0. Are you able to estimate at all, give or take two years? A. - I would say it was towards the end of my first job which you have listed there. Q . All right. 15 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05830 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler- Let me hand you your resume, sir, -- A. All right. 0. -- and give mo a year. A. You have me? starting this job in 1945. I would say someplace in the general area of 1947. O. installed? A. That the flash tank was Yes. Q. Following the installation of the flash tank, was that done both -- was the flash tank installed in Texas City? A. I have no knowledge of that. 0. Following the installation of the flash tank, did Union Carbide conduct any testing between 1947 and 1974 to determine the residual vinyl chloride monomer concentrations in the resin produced by the solution process? A. There were some, but I can't recall when or how. I do know that the methods of analysis in the earlier years were not very accurate. 0. Can you tell me approximately 16 COMMERCE REPORTING COMPANY, INC., C212) 750-9696 URL 05831 1 Roscol Nicholas Wheeler 17 2 when the testing was performed? 3 A. No, I can * t. 4 Q. Do you know the method by which 5 the testing was conducted? 6 A . No . 7 Q. You had worked with absorption 8 spectroscopy? 9 A. Yes. 10 0. Do you know whether or notthat 1 1 method was utilized or whether GC's were 12 uti1ized? 13 A. This was before the days when 14 GC's were in generally use. I'd rather not 1 5 guess. % 16 0. Do you have anyrecollection as 17 to the results of testing prior to 1974 on 18 the polyvinyl chloride resin produced by the 19 solution process at Union Carbide for RVC and 20 content? 21 A. Run that one by me again. 22 MR. BOVI: Sure. 23 Would you read that question 24 back? 25 ( Record read. ) COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 Roscol Nicholas Ulheeler 38 2 A. We did some testing after 1970. 3 I can't give you specific dates or- specific 4 results. I do know that we did it arid 3 that -- 6 0. Was the testing done before 1974 7 or in or after 1974? 8 A. It was prior to 1974. 9 0. Between 1970 and 1974? 1 0 A. Ves. 11 0. Prior to 1970, did Union Carbide 12 do any testing? 13 A. I don't recall that we did, but 14 I don't recall that we didn't either. 15 0. Now, do you recall between 1947 *35 r" 16 and 1974 the efficiency of the polymerization a; o- 17 process using this solution method? 18 A. Now, would you define efficiency 19 for me? 20 Q. Sure. The percentage of vinyl 21 chloride monomer polymerized into polyvinyl 22 chloride. 23 A. The conversion in the reactor 24 was about 40 percent, 45 percent. That's not 25 whet I would term an efficiency, but that is 05833 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas UJheeler a percentage conversion per passing the process. Q. pass? And did that -- I*m sorry, per' A. Yes. As you recovered the monomer you fed the monomer back into the process. It was a continuous polymerization process starting about 1965. Q. Now, did Union Carbide at anytime after 1970 provide its customers with the results of the testing that it did on its polyvinyl chloride resin for VC monomer content? A. I have no knowledge of that. 0. In 1947 you become a production supervisor at the South Charleston plant involving solvent polymerizotion? A. Yes. It's what customarily happens in corporations. You get a little bigger Job and they give you a title and no more money-. Q. Your resume indicates that in 1952 the solvent process was converted from batch to continuous operation. 19 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05834 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 15 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. Yes. I was wrong in my preceding staternerit. . If it says there that is was converted in 1952, then it wan converttd in 1952. Q. During the time you worked for Union Carbide, did it use acetylene or ethylene in the vinyl chloride? Did it either manufacture it or polymerize it? A. Acetylene was used in the manufacture of vinyl chloride monomer. Q. By Union Carbide? A. By Union Carbide and others. There were two processes. One was dehydrochiorination of ethylene dichloride to vinyl chloride and hydrochloric acid gas. You then took the hydrochloric gas with acetylene and converted that to vinyl chloride. Q. Did Union Carbide at anytime, to the the best of your knowledge, use ethylene derived vinyl chloride? A. Ethylene is used tomake ethylene dichloride, which is the starting point for vinyl chloride. It doesn't make 20 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05835 1 Roscol Nicholas Wheeler 21 2 any difference -- well, you can say, port of 3 it was ethylene derived because it came by 4. way of ethylene dichloride. This is still 5 general technology which is used when they 6 talk about ethylene derived. 7 Q. So, do I understand then that 8 the vinyl chloride used by Union Carbide for 9 its polymerization processes was both 10 acetylene and ethylene derived? 1 1 A. That is correct. 12 Q. That is true throughout the time 13 that you were employed by Union Carbide? 14 A . No. 1 5 0. When was there a change from 16 that? 1 7 A. I believe, well. I won 1t Quote 18 but Union Carbide did withdraw from 19 the manufacture of vinyl chloride in the 20 1970*s and all vinyl chloride was purchased 21 from Dow Chemical. 22 0. Prior to Union Carbide shutting 23 down its vinyl chloride production, was all 24 of the polyvinyl chloride that Union Carbide 25 manufactured a product of Union Carbide URL 05836 COMMERCE REPORTING COMPANY, INC., C212) 750-9696 1 Roscol Nicholas Wheeler 22 2 manufactured vinyl chloride? 3 A. Yes. 4 Q, And Union Carbide withdrew from 5 the manufacture of vinyl chloride after 1974; 6 didn't it? 7 A. Well, someplace in that period. 8 Those dates can be found, but I don't recall 9 the exact time. lO Q. In 1958, your resume indicates a i that you became the production department 12 head at large; is that correct? 13 A. Let me be sure we get these 14 things in context. 1 5 0. Sure. 16 A. Yes, this is a production 17 department head with a portable department, 18 namely, he is the department. 19 0. Now, when you assumed that 20 position, did you acquire any supervisory 21 role over either the emulsion or nonsolvent 22 processes?- 23 A. No. 24 0. You were still involved with the 25 solvent process only? COMMERCE REPORTING COMPANY, INC. (212) 750-9696 a e s s o ia n Roscol Nicholas Wheeler A. I was involved with generalized engineering projects. 3 believe 1 spell it out there as to the duties. Don't I summarize it? Q. Well, what it says is: "Engineering design project, new process evaluation and business, and economic analysis. A. And those were miscellaneous processes, miscellaneous projects, and in many cases it involved a determination of whether that was an economic process. Q. Did you have any involvement, prior to 1958, with either the emulsion or the nonsolvent polymerization process at the South Charleston plant? THE WITNESS: Let me see that again. X would like to be reasonable c1ose. A. In 1959 I became involved with other polymer processes, none of which, except for the solution vinyl, used vinyl chloride. Now, the next step there I think is 23 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler area superintendent. 0. Ves, sir. A. There is where I became involved with the emulsion process dispersion, I think I ca11 it there. Q. Well, dispersion is adifferent process than emulsion; isn't it? A. basica11y. No, it's the same thing 0. Did the South Charleston plant use a suspension process for polymerization? THE WITNESS: Let me look at this- You want to know time, I guess? A. Approximately in 1960 Union Carbide purchased suspension technology from Walker Cheme. They began manufacture of suspension polyvinyl chloride at South Charleston. This was later moved to the Texas City plant and discontiued at South Charleston. 0. The technology was purchased in approximately 1960? A. Plus or minus several years. I am not sure. It may have been prior to 1960. 24 % % <> COMMERCE REPORTING COMPANY, INC., (212) 750*9696 URL 05840 1 Roscol Nicholas Wheeler 25 2 O. And the company from which it 3 was pur-chased was what? 4 A. Walker Cheme. 5 Q. And w hi ere were they based? 6 A. They were based in the Federal 7 Republic of Germany. 8 G. How long was the suspension 9 polymerization process used at South lO Charleston? 11 A. No more than a few years. Like 12 I say, it was transferred to the Texas City 13 plant. The plant at Charleston was 14 shut-down. I would say no more than a couple 1 5 of years. 16 0. When you say, the plant at South 17 Charleston was shut-down, you meant the 18 suspension process? 19 A. Yes. 20 G. How long was thesuspension 21 process used at Texas City? 22 A. It was used up until 23 approximately 1977. 24 0. What was the reason for 25 transferring the process from South COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Charleston to Texas City? A. It appeared to be a more economic operation. 0. To do it there as opposed to West Virginia? A. That's correct. 0. So, conseauent1y, any polyvinyl chloride produced by Union Carbide involving the suspension process after 1977 would have been produced in Texas City -- I am sorry, produced between the early 1960's and 1977, would have been produced in Texas City? A. That is correct. 0. Why did Union Carbide purchase the suspension technology? A. It was cheaper to purchase the technology than it was to try to develop the technology itself. 0. What was Union Carbide's reason for desiring to utilize the suspension process when it already had the solution, the nonsolvent, and the dispersion processes? A. Each one of these resins is a specialized item and it fits into a specific 26 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 UHL 05841 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler app1ication. The suspension process fits into the, you might say, the major market for polyvinyl chloride, as well the so-called bulk process, which I think you make reference to. And that fits into this major market for polyvinyl chloride. 0. In the early 1970*s, how did cost of production per ton differ between the four processes that Union Carbide utilized? A. I can't really give you that information because I don't remember specifically. If I give you anything, it may not be in proper context. 0. Without talking in terms of dollars, can you talk in terms of relative costs of production between the four processes? A. The most expensive process is the solution vinyl process. O. - A. What about the least expensive? The least expensive would be suspension. It's my impression that the bulk process, as presently used, is competitive 27 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05842 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2D 21 22 23 24 25 Roscol Nicholas Wheeler with suspension, though I have no knowledge of this. MR. BUNDA: You mean personal knowledge? THE WITNESS: Excuse me. MR. BUNDA: You mean personal knowledge? THE WITNESS: It's only, I would say hearsay. I can't really say. It's my impression by virtue of the fact that people build bulk plants and they build suspension plants and they fit into the same area. So they must be competitive materials. Q. As a result of the polyvinyl chloride resin produced by suspension costing in terms of production less than the solution process, was Union Carbide, in the early 1970* s, able to sell suspension produced resin for a lower cost than the solution produced resin? A. Yes. Solution resin is a premium product. It costa more to make it and it realizes more money in the 28 COMMERCE REP0RTIN3 COMPANY, INC. (212) 750-9696 w s o a ni 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rosed Nicholas Wheeler marketp1ace. 0. Why? A. It fits into a very special category of materials. Q. What is the difference between a suspension produced polyvinyl chloride resin and a solution produced polyvinyl chloride resin? A. The solution process will not make anything other than copolymers. It will not make homopolymers. The solution process resin is lower in molecular weight than suspension resin. The solution process resin is soluble in many solvents, suspension resin is not. Q. When you became involved in 1965 in the dispersion process, what technology did Union Carbide utilize for removing residual monomer from the resin? A. Their own, Q. How did it work? A. Primarily a batch vacuum stripping operation. Are you familiar with those terms? 29 COMMERCE REPORTING COMPANY, INC. C 212) 750-9696 URL 05844 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 23 22 23 24 25 Roscol Nicholas Wheeler- o. Yes . Did it use heat? A . Yes. Q . Were you involved in 19& 5 in the nonsolvent polymerization process? THE WITNESS: Let me see the resume. It has been a long time ago. A. I will refer you to 1968 when I became production manager for bulk nonsolvent suspension and the ones listed there. 0. Whet process did Union Carbide use to remove residual monomer from the resin produced by the bulk or nonsolvent process? A. The nonsolvent process is a continuous polymerization that achieves a conversion of monomer of about 15 percent per' pass. The monomer -- the polymer is not soluble in the monomer* so as a result you have a slurry in the reactor. The slurry is removed from the reactor and fit into a tank of hot water which is also evaccrated* so you in effect boil away the unconverted monomer from the polymer. 0. Do you have any knowledge of the respective sizes of the resin particles 30 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 S W S O 'W *' 1 2 3 A 5 6 7 8 9 ID 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nichol&s Wheeler produced by Onion Carbide involving the four processes we* have talked about? A . Yes. 0. Can we go through each of those. Mr . Wheeler, and talk about tho suspension first? What resin particle size range did the suspension polymerization process produce? A. It could vary from 60 microns to about 150 microns. Most suspension resin was about 100 microns. Q. What about the solvent process? A. The solvent process produced a resin particle about 75 microns as median. Bear in mind all these -- these are not finite numbers, we are talking about averages. 0. What was the range of the resin particle size using the solvent process? A. It was relatively constant, around 75 -microns. 0. What about the dispersion process? A. The dispersion process of Union 31 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05846 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Carbide resin was about 5 microns in d i omet er. Q. And the nonsolvent or bulk? A . It was about 60 microns. Q . Did these figures remain relativity constant throughout the years that you worked for Union Carbide? A. Yes. Q. In terms of porosity, how did the resin P roduced by these four processes differ? A. The emulsion process produced fairly dense particle, but as you can see there, it is very smell. The solution process proauced a particle that looked in a great respect like a snowflake. It was not a -- it was a very porous particle. The nonsolvent process, again, produced a very porous particle. The? suspension process had a, as you see, a comparatively large particle and very often porosity was a problem. Q. Is that ultimately the reason URL 05841 32 COMMERCE REPORTING COMPANY, INC. (212) 750-9696 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler that Union Carbide abandoned the suspension process? A. We had a major' explosion in the Texas City plant and it would have involved, you might soy, a major expenditure to repair the plant. We were not making enough money on suspension resin to justify the additional capital that would hove been required. So the decision was mode to withdraw from the business. 0. Had a decision been made to withdraw from suspension polymerization before the explosion? A. No . Q. What caused the explosion? A. I can't; say of my own knowledge. A reactor was over pressured and it blew up, but I can't tell you what happened. 0. Did Union Carbide experience a declining demand for its solution produced resin ofte'r 1974*? A. Not to my knowledge. 0. Prior to 1974, did Union Carbide conduct any testing of the resin produced by 33 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05848 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler any of these four processes to determine residual VCM content? A. Starting about the first part of 1974, approximately, we tested every lot. Q. My question, Mr. Wheeler, dealt with prior to 1974. Would you tell me what testing Union Carbide did, prior to that year, for RVCM in its resin produced by these four processes? A. I think we covered that in one of your questions earlier. 0. There was testing done at sometime in the early 1970's? A. I said there was some testing done, but I couldn't really answer that of my own knowledge. 0 . Who did the testing? A. I have no idea. 0 . You don ' t know whether done by Union Carbide or an outside company? A. 1 am sure it was done by Union Carbide. 0. Were you ever furnished with the results of the testing? 34 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05849 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. Yes. Q. Was the testing done on resin produced by each of these four processes? A. I couldn't say. It has been a long time ago. I don't remember. Q. Do you have any recollection as to the relative concentrations of RVCM in each of the four types of resin? A. Are you speak prior to -- Q. Prior to 1974? A. I con speak only in relative terms. Q. Okay, let's talk in relative terms. A. The solution process of resin was extremely low. MR. BUNDA: You are speaking now of before 1974? THE WITNESS: Yes. MR. BUNDA: That's the period of time you are asking about? MR. 80VI: Right. A. (Continuing) The dispersion process, I can't recall ever seeing any data 35 COMMERCE REPORTING COMPANY, INC. (212) 750-9696 UR<- 05850 1 2 3 4 5 6 7 3 9 10 11 12 13 14 15 16 17 16 19 20 21 22 23 24 25 Roscol Nicholas Wheeler on those resins. The suspension process resin was quite high. Again, I can't give you specifics because it has been a long time ago. Q. Can you give me a range? A. Well, based on my experience I can't give you a range based on the data at that time. 0. Okay. A. Well, we are talking of concentrations of two or three parts per million for the solution resin and we are talking probably a thousand ports per million for the suspension. 0. What about the -- A. (Continuing) These ore ports per million by weight. Q. I understand. In your 1981, article didn't you report concentrations of up 2,000 PPMW in this suspension produced resin? A. Which article ore you referring to? MR. BOVI: I am going to hand 36 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05851 1 2 3 4 5 6 7 & 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler you, Mr. Wheeler, what I have marked as Plaintiff's Exhibit 1. I would like to direct your attention to the second page of that document Page 124, the last sentence in the first full paragraph on that page. THE WITNESS: You are talking about the sentence: "In the past residual vinyl chloride monomer concentration and suspension polyvinyl chloride resin ranged as high as 2,000 parts per million by weight," is that the one? MR. BOV I: Yes, sir. THE WITNESS: Is that the one you're speaking of? MR. BOVI: Yes, sir. O. Is that statement consistent with the data you would have seen at Union Carbide in the early 1970's for the suspension process? A. Yes. However, I would like to modify that a 37 COMMERCE REPORT INS COMPANY, INC., (212) 750-9696 URL 05852 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler bit. Fundamentally, copolymer resins produced by the suspension process were essentially nonporous. It was very difficulty to get the unconverted monomer out of that particle. So you will see copolymer- resins as high as 2,000 parts per million. But then it was my impression this was not what you are talking about now. You are talking bout the polyvinyl chloride homopolymer which would be a somewhat more porous particle and would tend to be more likely in the 1,000 part per million range. O. It is suspension process, was that capable of producing both a homomonomer and a comonomer or copolymer. A. A homooolymer is 100 percent polyvinyl chloride. Q. All right. A. (Continuing) A copolymer contains some other comonomer such a vinyl acetate, you con use almost any vinyl monomer as a comonomer. U R L 05853 38 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler 0. Does the suspension process utilized by Union Carbide produce a homopolymer or only a copolymer? A. It produced primarily a homopolymer, although they make some copo1ymers? But, certainly there is a difference in the resin particle. The 2,000, like I say, probably refers in this case more to the copolymer. Q. Thank you. To your knowledge, Mr. Wheeler, did Union Carbide, prior to 1974, disclose to any of its customers that the polyvinyl resin it was sending to them contained varying amounts of RVCM? A. I can't answer that of my own knowledge. Q. Have you reviewed any of the material safty data sheets that Union Carbide supplied tro its polyvinyl chloride customers prior to 1974? A. I recall seeing them, yes. Q. To your knowledge, did any of 39 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roseol Nicholas Wheeler those material softy data sheets disclose, prior to 1974, any of the ACGIH standards relating to exposure to vinyl chloride? A. Let's go back through that one. That question was so disconnected that I'm not sure I know what you're even talking about. 0. Let me ask you a couple of others and we will lead up to this one. Prior to 1974, there were ACGIH regulations, were there not, -- MR. BUNDA: Objection. 0. -- pertaining to permissible exposure levels to vinyl chloride? A. Yes. MR. BUNDA: I object to the form of the question. Q. Originally those levels set a PEL of 500 parts per million -A. Ports per million by volume. 0. -- time weighed average. And later that standard was lowered to at least an ACGIH recommendation of 200 parts per million as a ceiling level; was it not? 40 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05855 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler MR. BUNDA: If you know? A. I know it was lowered, but I can't really tell you what it was lowered to. o. But it was lowered pr i or- to wasn* t it , sir? A. I can't tell you. It was SO out of context with the actual situation that it was meaningless. Q. Now, Union Carbide's suspension produced polyvinyl chloride homopolymer and copolymer had RVC in concentrations of 1,000 to 2,000 parts per million by weight? A. Let's talk about one resin at a time. Q . All righ t. A. Are we talking about homopolymer? 0. Let * s talk about the homopolymer. A. I would say in the area of a 1,000 part's per million. Q. All right. Now, did Union Carbide, to your knowledge, at anytime prior to 1974 inform 41 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05856 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler its customers of the ACGIH standards as they related to exposure levels of human beings to vinyl chloride? A. I can't answer that of my own know ledge. O. Have you ever seen any document that indicated Union Carbide disclosed, prior to 1974, to its polyvinyl chloride customers either the existence of residual vinyl chloride monomer in its resin, or any ACGIH regulations or standards relating to permissible exposure levels to vinyl chloride? A. Again, I have no knowledge of that, other than manufacturing. Q. Who at Union Carbide was in charge of that area? A. In charge of what area? 0. Of passing product informat ion concerning polyvinyl chloride resin to Union Carbide's 'customers. MR. BUNDA: Objection. I think you're presupposing that there was somebody and that there was 42 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 a 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler a responsiblity to communicate that information. 1*11 object to that on the basis that there is an improper assumption in the question. 0. Did Union Carbide furnish material safty data sheets to its polyvinyl chloride customers prior to 1974? A. Yes. Q. Ulhat department within Union Carbide hod the responsibility of formulating those material safty data sheets? A. I would give you a general statement and say it fell under the general supervision and guidance of the research and development department. 0. Do you recall a Dr. Dernehl who worked at Union Carbide in the 1970*s? A. Yes. Q. What was his position with the company? A. I believe he was Associate Medical Director for Union Carbide. Q. He testified at the OSHA 43 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 y R l 05858 1 Roscol Nicholas Wheeler 44 2 hearings in 1974; did he not? 3 A. Yes. 4 0. And do you know a Dr. K.S. Lane 5 who worked at Union Carbide in the 1970's? 6 A. Yes. 7 Q. What was hisposition with the S company? 9 A. That one is little more 20 difficult. Me was in the corporate medical 11 department. I cannot give you a specific 12 title for him. C P 1 3 Q. Did Darnahl and Lana work out of 14 Union Carbide's New York office? Were they 15 based in New York? 16 A. I think so. 17 0. Did you know C. P. Carpenter? 18 A. Yes. 19 Q. What was his position with the 20 company in the 1970's? 21 A. He was in charge of the 22 Industrial' Hygiene Fellowship at Mellon 23 Institute. 24 Q. He was an employee of Union 25 Carbide? COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. Indirectly. He was employed by Mellon Institute, but the whole thing was supported by Union Carbide's money. MR. BUNDA: I object to the Question and ask that the answer be stricken. Do you know whether he was an employee? THE WITNESS: He was not. I know specifically he was not a direct employee of Union Carbide. Q. What did Union Carbide higher the Mellon Institute to do? A. To investigate the effects of chemicals on living organisms. Q. Now, was vinyl chloride one of those chemicals? A. I can't soy specifically, but I would say generally, yes. 0. When did Union Carbide commission the Mellon Institute to begin research in this area? A. Are you talking about beginning research as an industrial hygiene fellowship 45 COMMERCE REPORTING COMPANY, INC. (212) 750-9696 1 2 3 A 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler or as an tox ici of vinyl chi 0. As an investigator of vinyl chloride toxicity. A. I can't answer that one. 0. Did the Mellon Institute investigate vinyl chloride toxicity for Union Carbide? A. I know they investigated the toxicity of polyvinyl chloride resin. 0. All right. A. (Continuing) I think I made reference to that in the interrogatories. 0. Did the Mellon Institute furnish the results of its investigation into the toxicity of polyvinyl chloride resin to Union Carbide? A. They were furnished to Union Carbide. They also appeared in technical literature. 0. Con you tell me when the Mellon Institute provided the results of its studies on the toxicity of vinyl chloride to Union Carbide? 46 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05861 1 Rosco1 Nicholas Whee1er 2 A. NO . 3 0. Where were the resu11 s 4 published? 47 5 A. In the interrogotorit-s I think 6 you will find a reference of an article by C. 7 P. Carpenter, 8 Q. Hr. Wheeler, I would like to 9 show you what I have marked as Plaintiffs* ID Wheeler Exhibit 2. 1 1 THE WITNESS: Well now, I did 12 not solely answer those inter 13 rogatories, you must remember. to14 HR. BOVI: Well, we will ask you 15 about that. 16 I just want you to take a look 17 at that document, if you would, and 18 identify it for me if you can. 19 THE WITNESS: These ore Union 20 Carbide's responses to the plaintiff's 21 interrogatories. 22 O. Did you assist in part in the 23 preparation of those answers? 24 A. Yes. 25 0. Which of the answers to those COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler interrogatories did you author-? A. I can't answer- that specifically. I can say I contributed to the answers, to most of them, but I did not prepare the final draft. There were other people who provided Peter Davey with some information. Q. Who? A. I have no knowledge of that. 0. Now, cart you tell me where in those answers to interrogatories you indicate where the results of the Mellon Institute study on the toxicity of polyvinyl chloride was published? A. I was wrong. The article is by Smyth & Weil: Chronical Oral Toxicity to Rats of Vinyl Chloride-Vinyl Acetate Copolymer. It was published in Toxicology and Applied Pharmacology in 1966. Q. " Did the Mellon Institute after 1966 furnish Union Carbide with any additional data concerning the toxicity of polyvinyl chloride? 48 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05863 1 Roscol Nicholas Wheeler 49 2 A. Would you define what you are 3 talking about when you talk about toxicity? 4 Q. Toxicity in terns of the 5 capability of polyvinyl chloride resin 6 because of RVC and content producing adverse 7 health effects in human beings. 8 A. Now, what was the question 9 again? 1 D G. Did the Mellon Institute furnish 11 any additional data to Union Carbide on that 12 subject after 1966? 13 A. I would say, no. 1 4 Q. Do you recall what the 15 manufacturing process was of polyvinyl 16 chloride resin tested by the Mellon Institute 17 for purposes of preparing this article in 18 1966? 19 A. No . 20 0. Do you recall the RVCM 21 concentrations of the resin supplied to or 22 purchased 'by the Mellon Institute 23 Investigators for purposes of their research? 24 MR. BUNDA: I object to the form 25 of the question as to foundation. URL 05864 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05865 1 Roscol Nicholas Wheeler T>0 2 1 don't know that the word 3 recall means that he may have had some A information at one time. I'm not 5 sure that information ever existed, 6 therefore, I will object to the form. 7 You can go ahead and answer if 8 you want. 9 THE WITNESS: Let's go back to 10 the question again. 11 MR. BOVI: Sure. 12 0. Did Union Carbide supply the 1 3 Mellon Institute with the resin that it used 1 4 for purposes of its study? 1 5 A. Yes. 16 Q. In terms of the resin that was 17 supplied to the Mellon Institute, what 18 process was utilized in manufacturing that 19 resin. 20 A. I think I statedearlier I did 21 not know. 22 0. Do you know whether any testing 23 was done on the resin by Union Carbide prior 24 to the time it furnished the resin to the 25 Mellon Institute for purposes of the Mellon COMMERCE REPORTING COMPANY, INC., C212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Institute's research? A. Drive that by again, please. Q. Sure. Did Union Carbide, before it sent the resin to the Mellon Institute, run any tests on it to determine how much vinyl chloride monomer was in it? A. Since I don't know the source of the resin, I can't really say. Q. I thought you indicated before that the reain the Mellon Institute used was Union Carbide's resin? A, Yes, but it could have been from any one of a number of processes which would, again, have on effect on what the residual monomer was. Q. Did it come from the South Charleston plant or the Texas City plant or from both? A. Considering the time period that the research was done, it had to have come from South Charleston. Q. Now, if the suspension process had been moved from South Charleston to Texas 51 d TO % CP COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4. 5 6 7 8 9 10 11 12 13 14. 15 16 17 18 19 20 21 22 23 2625 Roscol Nicholas Wheeler City in the early 1960's, do you know whether' any of the resin furnished by Union Carbide to the Mellon Institute was manufactured by the suspension process? A. If you look at this article as published. The work was done much earlier than 1966. Q. Do you know whether any suspension produced resin was supplied to the Mellon Institute by Union Carbide? A. Are you sayins for purposes of toxicity testing? 0. Yes. A. I have no knowledge if itwas. Q. Was there any other testing that the Mellon Institute did on Union Carbide polyvinyl chloride resin, other than the toxicity testing? A. We are dealing with your definition of toxicity? 0. Yes. My question, Mr. Wheeler, is: What other studies did the Mellon Institute perform, for Union Carbide, related to 52 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05867 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler polyvinyl chloride resin? MR. BUNDA: You are speaking about other than that done in thin study? MR. BOVI: Yes. Other than what is published in that article. A. Your definition of toxicity didn't quite cover the area of toxicity that the Mellon Institute spent most of its time on, which would be testing for- acute toxicity for skin sensitivity. These kinds of things are generally known as short term toxicity test s. But an investigation into carcinogen ic i t* y has to be a long term test. Q. Did the Mellon Institute ever look into that issue? A. Right here. MR. BUNDA: You are referring to what now? THE WITNESS: The Smyth & Weil article on Chronic Oral Toxicity to Rats of Vinyl Chloride-Vinyl Acetate Copolymer. 53 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05868 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler MR. BUNDA: Okay. You just have to remember that when you point, the court report can't take that down. THE WITNESS: I'm sorry, I forget myself every once in a while. Q. By what method were the rots exposed to the polyvinyl chloride? A. It was a feeding study. 0. Did the Mellon Institute ever conduct any studies involving the exposure of rats to airborne vinyl chloride gas? MR. BUNDA: You're speaking now of Union Carbide specifically? MR. BOVI: For Union Carbide or for anybody else, if you know. A. I am not that familiar with the work that was done at Mellon Institute. I would rather say that I don't know. O. Other than offering this 1966 paper, did Mellon Institute or any employees of the lie 1*1 on Institute do any other work for Union Carbide relating to polyvinyl chloride resin? A. Yes. That's what I said a 54 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05869 1 2 3 4 5 6 7 a 9 ID 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler moment ago. There was 3 great deal of testing, par t i cu 1 ear-1 y , with regard to short term acute toxicity, skin sensitivity and these kinds of things. Q. Were the results of those tests ever published? A. I have no knowledge that they were. Q. What did the tests reveal? A. That polyvinyl chloride resin was an inert material and had no generalized effect on the animals or humans who participated in the testing. Q. The human test that was done was on skin sensi A. Primarily. Q. In 1968 you refer to work on the MCA's acro-osteoleais -- A. Acro-osteolysis. Q. -- lysis -- epidemiological study. When did the MCA, to your knowledge, begin that study? A. It was initiated, I think, in 55 COMMERCE REPORTING COMPANY, INC., (212) 750- 9696 URL 05870 1 2 1966. Roscol Nicholas Wheeler 56 3 0. What triggered the initiation of 4 that study by the MCA? 5 A. The medical director for B.F. 6 Goodrich reported observing a condition that; 7 he identified as acro-osteolysis in the 8 finger of reactor cleaners. 9 This he reported to the MCA in a 10 meeting in about 1966. The collective 11 decision of the industry at that time was URL 05871 12 that we should do an epidemiological study to 1 3 determine if this is a widespread phenomenon, 14 do we have something here that's likely to be 15 an occupational problem. I 16 0. Were the results of that 17 acro-osteolysis epidemiological study ever 18 reported by the MCA? 19 A. I have no knowledge of that. I 20 know that Union Carbide received a report. 21 It was also published in a series of three 22 articles doming out of the University of 23 Michigan. 24 I can't give you the references on 25 that, but I do recall that there were three COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler separate articles that were published in the general technicel literature. 0 . Do you know who the author was? A . I think it was Denman. 0. How do you spell that, please? A. D-E-N-M-A-N, I believe. Q . And approximately when were those art icles published? A. I would say around 1970. 0. Your resume, Mr. Wheeler, indicates that in 1975 you were involved as a representative to -- 1965, I am sorry -- that you were involved as a representative of Union Carbide in planning and coordinating the aero--osteolysis epidemiological study; is that A Correct. 0 When did the MCA first furnish Union Carbide with any of their results, be it a preliminary or final, from that study? A Approximately 1969. 0 And the results indicated what in terms of the ability of vinyl chloride to cause aero--osteolysis? URL 05872 57 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05873 1 Roscol Nicholas Wheeler 2 A. The study failed to, what I 3 ay , c1 ear 1y idenitify vinyl ch 1 or- i de 4 being the cause for acro-osteolysis. 58 5 Q. Were you aware, in addition to 6 the MCA study, of other studies appearing in 7 the medical literature involving 8 acro-osteolysis and exposure to vinyl 9 chloride? 10 A. I can't give you the date, but I 1 1 attended an MCA sponsored meeting in which we 1 2 were talked to by Or. LeFevre in Europe. 13 He talked and summarized that they had 14. observed acro-osteolysis. They were almost 15 as much at a loss as to the exact cause as we 16 were. We did learn at that time that this 17 was not a condition that appeared only in the 18 United States. 19 Q. Did Dr. LeFevre also discuss 20 with you, when you met, studies that he was 21 aware of indicating liver dysfunction among 22 workers ex-posed to vinyl chloride? 23 A. Not that I can recall. 24 0. Your meeting with Dr. LeFevre 25 was in approximately 1971? COMMERCE REPORTING COMPANY, INC (212) 750-9696 1 2 3 A 5 6 7 8 9 10 11 12 13 Id 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A- I can't really make that specific. 0. To your knowledge, was any of the data that Union Carbide acquired from Dr. LeFevre or the MCA, supplied to any of Union Carbide's polyvinyl chloride resin customers? A. No data was transferred from Dr. LeFevre to Union Carbide. It was a matter of listening to his talk and drawing your own conclusions from that talk. 0. Was any of the information passed to Union Carbide by Dr. LeFevre, to your knowledge, communicated to any of Union Carbide's polyvinyl chloride resin customers? A. You have a compound question there. Would you repeat that and break it down into two pieces? Q. Sure. When you met with Dr. LeFevre, either in the United States or in Europe, did he communicate information to you concerning European studies on health effects relating to exposure to vinyl chloride? A. No, he was speaking solely 59 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler about information derived from industrial e x perience. 0. In Europe'? A. Yes. Q. Did he communicate information on that subject to you? A. Ora 11 y, yes. 0. You met with Dr. LeFevre in your capacity as Union Carbide's representative to the MCA? A. I was not formally in that capacity, but X attended the meeting and did report to my supervisors the information which I thought I heard. 0. My question then, Mr. Wheeler, is whether or not you're aware whether Union Carbide ever communicated that information to its polyvinyl chloride resin customers. MR. BUNDA: I will object to the question as being vague. Quite frankly, I don't know what information we are talking about. I think we ought to back that up. For that reason I will object on 60 URL 05875 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 a 9 ID 11 12 13 14 15 16 17 IB 19 20 21 22 23 24 25 Roscol Nicholas Wheeler those basis. THE WITNESS: The context I out on it is, he is talking about information as regards Bcro- osteolysis. O. Yes, that's correct. Are you aware whether or not Union Carbide ever passed that information to its resin customers? A. No, I am not. I would like to add that none of our customers had reactor cleaners, which is where the disease appeared. Q. You last worked for Union Carbide in 1985? A. Yes. 0. Have you worked for anyone as an employee since retiring from Union Carbide? A. I have done some contract work for Union Carbide. Q. In uhat areas? A. Let me think, primarily litigation. 0. Have you been employed by anyone 61 05 05871 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 Roscol Nicholas Wheeler 2 at anytime since you retired from union 62 3 Carbide, other than any contractual 4 re1ationships you had with Union Carbide? 5 A . No . 6 0 . Have you testified under oath 7 today? 8 A . Yes. 9 Q. On how many occasions? 10 A . We are speaking of testified. U B S O 'W ' 11 and you are saying deposed. 12 Q. No. My question is whether you 13 have testified under oath in any proceeding, 14 be it a deposition, testimony before a 1 5 congressional committee, testimony in court, 16 any testimony which you have given prior to 17 today under oath. IS A. I have had two depositions as 19 regards polyvinyl chloride. I testified 20 under oath at the OSHA hearing. 21 I think those are the only two, three 22 situations that I can recall. 23 Q. Would you tell me about the two 24 polyvinyl chloride matters that you gave 25 depositions in? COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05878 1 Roscol Nicholas Wheeler 63 2 A . Be a little bit more specific. 3 O. Sure. 4 There were cases that; were involved in 5 1itigat ion, there was a lawsuit involved? 6 A . One was a lawsuit in New Jersey. 7 And the other one was a lawsuit in Ohio. 8 0. I take it that Union Carbide was 9 a defendant in both the Ohio and the New 10 Jersey litigations? 1 1 A. Yes. 12 O . Did the suit involve a death or 13 a personal injury? 14 A. Yes . 15 Q. Do you recall? 16 A . An alleged personal injury. 17 0. Do you recoil the name of the IS person that brought the suit? 1 9 A. New Jersey was -- one name was 20 Malico and I believe one plaintiff was 21 Schaffer. Now, I'm getting a little vague, 22 it might be Mazinowski. 23 I'll put a question mark on that one. 24 Q. All right. 25 A. There were four, but I can't COMMERCE REPORTING COMPANY, INC., C212) 750-9696 1 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler recall the fourth one . 0. Were these people employee of Union Carbide? A . No . Q. Were they employees of a customer of Union Carbide's? A . No . Q. What was the nature of the claim that they made asainst Union Carbide, to the best of your knowledge? A. I think they involved generally careinogenicity, Schaffer was not. Q. How did these individuals allegedly come to be exposed? A. They were employed by Amboy Terminaling Company. Q. Would you spell that for me, please? A. A-M-B-O-Y, Terminaling Company. Q. Amboy Terminaling Company was the company that off loaded the ships that transported bulk polyvinyl chloride from Texas City? A. Yes. They off loaded, they 64 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05879 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler bagged and they shipped. Q. When did you testify in that cose? A. I would say approximately 1978. G. Was the case brought in State Court or Federal Court in New Jersey? A. I have no knowledge. G. Do you know the name of the lawyer who represented the plaintiffs? A. 0. A. & Kipp. I t hink it was Levinson. Where was your deposition taken? In the offices of Bitney, Harden G. In what city? A. I am sorry, it slips my mind. It Just doesn't come to mind. Zt was about 30 miles or so west of Newark, but I can't remember the name of the city. Anyway, Bitney, Harden & Kipp have an office there, 0. Did you ever givecourtroom testimony in that cose? A. NO. 65 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 08850^0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Q. Do you know what the ultimate outcome of the case was? A. court. The case was settled out of Q. Do you know what types of cancer any of the plaintiffs had? A. There was one with lunge cancer, I don't recoil the others. Q. When did you give testimony in the litigation Union Carbide was involved in in Ohio? A. That was about 1984, but I could be off on that somewhat. O. And did this involve a claimed exposure to vinyl chloride? A. Yes. 0. How were the plaintiffs allegedly exposed to the vinyl chloride? A. One plaintiff had progressive multiple sclerosis. 0. - Was there only one plaintiff in the case? A. Yes. 0. The plaintiff attributed his 66 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05881 URL 05882 Roscol Nicholas Wheeler progressive multiple sclerosis to exposure Co vinyl chloride? A. Yes. 0. Do you know whether that case was brough in State Court or Federal Court in Ohio? A . I can * t say. 0. Do you recall the name of the plaintiff *.s lawyer? A. I am sorry, but I don't. 0 . Those are the only two pieces of 1itigot ion that you have given testimony in prior to t oday ? A. Yes. G. Are you aware of any obher litigation pending against Union Carbide involving claims of adverse health effects resulting from exposure to vinyl chloride? A. No. Q. Now, you indicated earlier that you have been, at least for some period of time after 1985, under contract with Union Carbide and hove testified in matters involving litigation. 67 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler MR. BUNDA: Objection. THE WITNESS: Well, not to -- MR. BUNDA: Let me finish. THE WITNESS: Okay. MR. BUNDA: 1*11 object on the basis that I*m not sure that's a fair characterization of his testimony. I believe he testified that he was under contract to do certain things. I am not sure that Union Carbide has placed him under contract to testify in litigation. Therefore, I object to the form of the Question. Q. What is the nature of your contractual agreement at the present time with Union Carbide? A. To provide them with consulting services as requested. Of course it goes into all these things like, you are going to keep all t+iis confidential. 0. Are you paid a retainer or per diem? A. Per diem. 68 a o COMMERCE REPORTING COMPANY, INC., C212) 750-9696 88^0 1 2 3 4 5 6 7 a 9 10 ii 12 13 14. 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler 0 . What i s your per diem? A . Part of it is $300.00 a day Right now I*m being paid $360.00 a day. Q. That depends on whether- you're giving testimony or whether you're doing other types of work? A. The per diem doesn't vary. Well, I take that back. I have had some per diems of $400.00 a day. Q. Other than you receiving a per diem, I assume Union Carbide is paying your expenses? Is there any other- basis for you receiving remuneration under your contract with Union Carbide? A. On what basis, you mean? 0. Outcome of litigation, whether or not the case is settled. A. And interpretation of regulations, Government regulations, these kinds of things. 0. My question is: Is there any contingent element in your contract? A. No. Q. Are you presently receiving or 69 I I COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas. Wheeler are you entitled to receive at some point in the future retirement benefits or some other form of deferred compensation from Union Carbide relating to your past employment? A. I receive a pension. Q. Carbide? Are you a stockholder of Union A. No. 0. Have you provided consulting services for anyone other than Union Carbide since 1985? A. No. Q. When did you first become aware, Nr. Wheeler, of the cases that we are here about today? A. I can't really give you a specific date. I think it may have been as far back as two years ago. In fact, it was more than two years ago, I beg your pardon. Q. In addition, Mr. Wheeler, to assisting -Union Carbide in providing answers to interrogatories, did you also assist Union Carbide in providing responses to requests for documents? URL 05885 70 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 S 9 10 11 12 13 14. 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. When they asked me. 0. I am going to hand you what I have marked os Plaintiff's Exhibit Wheeler 3 and I would like you to take a look at that > for me. Did you assist Union Carbide in providing the documents that are identified in that exhibit? A. Let's say that I only told them where to look for the documents. I did not participate in accumulating the documents or anything else. 0. Do you know, sir, from reviewing Plaintiff's Exhibit Wheeler 3 whether or not the materials contained in that supplemented by the correspondence Union Carbide's attorney handed me this morning, which consists of letters dated February 14th, 1975 with attachments thereto, and May 9th, 1975 with attachments thereto, constitute full and complete responses to the document production request directed to Union Carbide? A. I don * t think so. 0 . Are you aware of the existence 71 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 05886 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler of documents that Union Carbide has responsive to any of the plaintiffs' requests that had not been provided? A. You are making a presumption that I have knowledge of what Union Carbide has in its files. Now, I have suggested to Mr. Davey that he look for additional documents, and I assume he is going to do it. Whether they ore there or not, I don't know. Q. When did you first review these responses that are contained in Plaintiff's Exhibit Wheeler 3? A. I think about a little over a week ago. 0. I take it, Mr. Wheeler, that it is your belief then that there may exist, at Union Carbide, other documents responsive to these requests that have not yet been provided? A. Only in one case. 0. Would you identify that for me? A. That would be Item Number 5. Q. Item Number 5 calls for documents indicating the results of any tests 72 COMMERCE REPORTING COMPANY, INC., (2125 750-9696 URL 05887 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler done on any polyvinyl chloride resin, by you or any other entity, to determine the concentration in ports per million of the residual vinyl chloride monomer1 in polyvinyl chloride resin of the type sold to Chrysler during the time period specified in Request Number 1; correct? A. Correct. 0. Now, what documents do you believe Union Carbide had or has that are responsive to that request? A. Well, storting with the first part of 1974, I think I mentioned that Union Carbide did a residual monomer analysis on all batches, lots of resins sold. Now, I think, but I am not prepared to swear, I think that there maybe some that Mr. Davey has overlooked. MR. BUNDA: I'm sorry if I interrupted here, but for the record, I would like to indicate that we responded to your request for production of documents. My understanding is that the documents 73 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05888 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler at Union Carbide are not organized in any comprehensive manner, but exist as boxes of documents in storage somep1 ace. When fir. Wheeler and I met prior to the deposition, I under-stood that there were attachments to the letters of February 14th, and December 2nd, of 1974, and February 14th, of 1975 which were not supplied to you and those were produced this morning, along with the letter of May 9th, 1975. We learned also this morning Mr . Whee1er that there may be additional documents. We are not sure and we will make continuing efforts to supplement whatever information has already been provided. Q. It * s your belief then, Mr. Wheeler, t-hat beginning in early 1974 Union Carbide performed a test for RVCM on each and every batch of resin produced? A. Yes. 74 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 g e s s o ""1 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas wheeler 0. To your knowledge, did Union Carbide ever furnish the results of those tests to Chrysler or to any of its polyvinyl chloride resin customers? A. X have no knowledge of that. Q. Are you aware of any other documents that maybe responsive to any of the document production requests, other than the documents that you have Just indicated relating to test results being in 1974? A. I did review this with Mr. Davey. and Mr. Bunds and I pointed out the only places where I think there were possible omissions. 0. Are there any otherplaces where you believe there are omissions, other than the one you have Just indicated? A. No. Q. I want to go back Just for a minute, Mr. Wheeler, to Plaintiff's Exhibit 2, which are the answers to interrogatories. Have you reviewed those answers prior to today? A. Yes. 75 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05890 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Q. To the best of your knowledge, are the answers contained in that document accurate and complete? A. The only point that I wouldmake about the answers is when we answered these, we were talking about the Union Carbide bulk process and not the bulk process in general industry uses at the present day. So there is a very definite difference in the resins of each process. Q. Is there anymanner in which you believe Union Carbide's answers to the interrogatories are not complete and accurate? A. No. Q. Thank you. Can you tell me what there is about Union Carbide*s bulk or nonsolvent process that differs from the process used by other polyvinyl chloride manufacturers? A. * I con speak from specific knowledge of the Union Carbide bulk process. I con only give you my impressions of the other processes because I have no exact 76 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05891 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 55 16 17 18 19 20 21 22 23 24 25 Roscol Nicholes Wheeler knowledge of them. Q. Why don't you go ahead and do that for me. A. The Union Carbide bulk process was a low convention continuous polymerization process. The resin was stripped of its free monomer by boiling in hot water. The resin particle was relatively small and extremely porous. Now, the bulk process in general use involves a two step batch process where the vinyl chloride monomer is essentially converted to, let's say, approximately 90 percent, or' in that general ball park. The free monomer is then removed from the solvent particle by a vacuum operation. The particles are somewhat more dense than the Union Carbide bulk process. They are much larger. Here we are talking about material on the order of 100 microns or so. 0. Have you at anytime, Mr. Wheeler, discussed the health effects or potential health effects of exposure to vinyl 77 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 ^0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler chloride with anyone at Chrysler? A. No. 0. To your knowledge, has anyone at Union Carbide? A. I don ' t know. 0. Un ion Carbide's answer to Interrogatory Number 2 indicates that Union Carbide started commercial production of a solvent polyvinyl chloride resin in 1933; is that correct? A. That's correct. Q. Now, did the -- HR. BUNDA: Wait a second. Number 2 talks about solution, you said solvent. Q. I am sorry, solution. It started that in 1933? A. Yes. Q. When did it begin the emulsion and bulk processes? A. * The bulk process was about 1936, I'm speaking approximately now. The emulsion process was about, and l*m guessing, 1942 or 1943. 78 COHMERCE REPORTING COHPANY, INC., (212) 750-9696 URL 05893 1 2 3 4. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler 0. Prior to 1974, did Union Carbide, for its emulsion and bulk processes, make any technoloaical changes in its RVCM recovery? MR. BUNDA: To the best of his knowledge? MR. BOVI: Sure. A. I can't, of my own knowledge, talk about that now. When you get to later in the time period when I was production manager for these things I can speak authoritatively about that, but prior to that time, I can't. Q. Can you speak authoritatively on the dispersion or bulk processes for recovery of residual monomers prior to 1974 at all? A. No. O. Whatabout after 1974? What technology did Union Carbide employ on any of its four processes to reduce RVCM content? A. - I think I answered that in the interrogatories. Well, it was here a little while ago. 0. Are you referring to Number 19? 79 COMMERCE REPORTING COMPANY, INC (212) 750-9696 tfiB S O 'W O 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. I think I passed it. That's correct. Q. The first item indicates vacuum stripping systems were installed on suspension resin lines about 1967 or 1968. Con you indicate what effects the installation of the vacuum stripping systems hod on RVCM content of the suspension resin? A. I can't give you a specific data but it is in effect a second string step in the production operation. When you put a second step in, you reduce the residual monomer. Q. Did Union Carbide conduct any testing after it installed the systems t o determine their A. I am sure that they did, but I have no knowledge of it. 0. Were you ever furnished with the data? A. * No, because that was much before the time when I became a production manager' for this operation. 0. The second item indicates resin 80 COMMERCE REPORTING COMPANY, INC., (212) 750- 9696 URL 05895 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler drying systems were upgraded to reduce volatiles in 1967 to 1972. Whot processes did that relate to? A. In general it was providing more time in the dryer- either by adding additional dryer capacity -- there were various changes, depending upon the resin and a particular- process. But generally speaking, it was a matter of providing a longer drying time. If you reduce the volatiles, you also reduce the unconverted free monomer. G. What drying temperatures were used? A. sorry. It has been too long ago, I am G. Did Union Carbide conduct any testing after it made those changes in its resin drying system to determine efficacy in reducing RVCM? A. I can't speak of my own knowledge,- so I don't know. G. The third item indicates resin testing and aeration initiated in 1974 to reduce residual vinyl chloride and suspension 81 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05896 URL 05897 1 Roscol Nicholas Wheeler 2 process polyvinyl chloride. 82 3 That was done, I take it, at the Texas 4 City facility? 5 A. Yes. 6 Q. This involved blowing air into 7 the resin bins and thereby sweeping residual 8 monomer out of the resin. 9 O. When Union Carbide began its 10 botch testing in 1974 for the suspension 11 process resin, whet was the range of numbers 12 it was coming up with? 1 3 A. I think I gave you this somewhat 14 ear 1ier. 15 0. So the figures that you gave me 16 of up to a 1,000 were figures in and after' 17 1974? IS A. After 1974 the homopolymer 19 member resin was significantly lower, let's 20 say 500 to 600 parts per million as opposed 21 to a 1,000. 22 MR. BUNDA: and what -- I*m 23 sorry for interjecting. 24 At what point in time are we 25 talking about? COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholes Wheeler THE WITNESS: We are talking about 1974. MR. BUNDA: Also at what point, when it leaves the factory or arrives' at the customers? THE WITNESS: When it leaves the Plant. Now, bear in mind that vinyl chloride monomer is not soluble in the polymer, and it is a fugitive gas. So the longer the material sits in tanks, sits in bags and so forth, the less residual monomer it contains. 0. What storage facilities did Texas City have for polyvinyl chloride resin? A. The resin was dried and put into bins. It was screened. It was placed in what we call van boxes, actually they were ship containers. Are you familiar with a ship container? And these containers were then stored on the dock for, I would say, up to about 28 days. When the tanker came in, these were deck loaded on the tanker. They would be 83 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 8 6 K 0 "W O 1 2 3 4 5 6 7 8 9 in n 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Rosco] Nicholas Wheeler loaded on the tanker and carried to Perth Amboy and again be stored in the storage yard at Perth Amboy. If there was a need, they did maintain bag resin in a warehouse. As the resin stock in the warehouse was depleted, they would draw boxes out of the storage yard, bag additional resin, and this would go into the warehouse. Shipments were made out of this warehouse to various customers including Chrys1er. 0. Did Texas City only ship polyvinyl chloride resin in bulk? A. No. 0. It also shipped bag resin? A. Yes. 0. To what areas? Were there particular areas of the Country? A. Anything in the Northeast that would be within, shall we say, one days truck run from Perth Amboy would be handled through Amboy Terminal. People, as you move west, shall we 84 to COMMERCE REPORTING COMPANY, INC., (212) 750-9696 Roscol Nicholas Wheeler- say, if I were going to supply resin to a wei.t coast customer, it would probably corne directly out of Texas City because it's shorter shipping from Texas to the west cost. Q. Did Union Carbide only ship to Perth Amboy in bulk form? A. Yes. Q. And any bagging that was done, was done at Perth Amboy? A. That's correct. 0. Before we got off on this subject we were talking about the RVCM content in the suspension resin. Was the 1,000 parts per million by weight figure you testified to earlier this morning, the figure that was generated before or after this resin aeration was initiated in 1974? A. It was much before. Don't forget when I spoke of the 1,000 I was speaking i-n general for the polyvinyl chloride industry and not for Union Carbide. Q. Well, you tell me what RVCM figures Union Carbide was generating for its 85 URL 05900 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler suspension homopolymer prior to 1974? A* I think at one time I took a generalized look and I came up with o figure of 850 parts per million, 860, somewhere in there, as an average. Q. Approximately, when did you do that? A. I can't answer that. Q . Was this -- A. Oh, I*m sorry, mid 1970's someplace in there. G. This is suspension homopolymer? A. Yes. G. Produced in Charleston or in Te xas City A. Produced in Texas City, Charleston did not produce it. Q. Did you do the testing? A. No. 0. What was the form of the data that you reviewed? A. This were residual vinyl chloride analyses as reported by the Texas City Quality Control Laboratory. 86 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05901 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler 0. Prior to 1974? A. No, after starting in 1974. Prior to 1974 the methods of analysis were not very accurate and not very rectat ab1e. 0. What caused the shutdown of the Union Carbide emulsion process in 1976? A. The decision was made that this was not an economic process. Q. What do you mean by that? A. Companies are in business to make a profit and the dispersion emulsion resin appeared to be very minimally profitoble. Q. It was more expensive to produce the suspension, for example? A. Yes. 0. In 1977 both the suspension and the bulk processes were shut down; correct? A. That is correct. 0. - Werethose both shut down because of the explosion? A. Yes. 0. In 1980 the solution process 87 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05902 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 R o s c o 1 Nicholas Wheeler production was cut to 80,000,000 pounds; is that correct? A. That is correct. Q. What was the reason for that decrease in volume? A. We were not se11ing it. 0 . Why? A. Again, it's a matter of economics. The solution process resin sold for a considerable premium over suspension and as a result if a customer discovered that he could use suspension in place of solution, naturally, he would do it. 0. Does Union Carbide still manufacture polyvinyl chloride? A. They manufacture solution process polyvinyl chloride. 0. hr. Wheeler, do you consider yourself an expert in the health effects on humans of exposure to vinyl chloride? A. I think that's out of my area of expertise. 0. Do you consider Union Carbide to be an expert in that area? S8 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05903 a 2 3 4 5 6 7 a 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. I don't think I can answer that because you're calling upon me to make a judgment that I can't really make. 0. product? Is polyvinyl chloride a man made A. Yes. 0. Do youknow who invented it? A. No. Q. Did Union Carbide's suspension process, the technology that it purchased from Walker, differ substantially from other suspension polymerisation processes that you are familiar with in the United States? A. I don'tbelieve so. The technology purchased was more a matter of, shall we say, recipe, the procedure for' making the components. 0. Does your 1981 article accurately describe the suspension polymerization process that was utilized at the time by Union Carbide? A. I think I would like to remind you that this article was issued in 1981. We went out of the business in 1977. 89 o VH sCO COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler- Q. Did it describe the process that Union Carbide utilized for suspension polymerization in and immediately prior to 1977? A. Not Quit e. 0. In what respect was Union Carbide's process different? A. As 3 mentioned earlier, we hod a two step stripping operation. The flow sheet here shows only one step. This is a generalized flow sheet, it's not really intended to indicate anybody's process. Q. Do you agree, s a general rule, Mr. Wheeler, that the larger the particle size, the higher the RVCM content? A. Well, there are several factors involved. One, yes, the larger the particle -- let's go back and be theoretical for a moment. If -you recognize that you have a particle, you have molecule of vinyl chloride in the center of that particle and if you have a large particle, it's going to take 90 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05905 1 2 3 4 5 6 7 8 9 10 11 12 13 14. 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler much longer for that molecule of vinyl chloride to get out of the middle of that resin. Now, if you have cracks, fissures and what have you in your large particle, then the time required for that vinyl chloride to get out of the resin is somewhat less. $o it's a matter of particle size and particle porosity. 0. vinyl chloride isneither absorbed nor adsorbed by polyvinyl chloride; correct? A. That is correct. 0. The vinyl chloride, the RVCM that we are talking about is a gas that is encapsulated by the solid polyvinyl chloride particle s correct? A. Yes. Let me point out one other thing. In the suspension process polymerization takes place as a globule of monomer suspended in water. The polymer is formed in that globule and you carry that conversion to 80 or 90 91 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05906 1 2 3 4 5 6 7 S 9 ID 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas UJheeler percent conversion, so that you end up with a solid, a more or less solid resin particle. If you are proficient, you can make that particle somewhat porous. If you are not so proficient, you make a dense particle. So the residual vinyl chloride monomer content of various types of resin made by the suspension process did vary quite widely. Q. Was increased porosity one of the goals of the aeration? A. No. The resin particle had already been made at that point. The goal of the aeration was to provide a sweeping mechanism to carry away the vinyl chloride monomer. If you put the sample or a batch of polyvinyl chloride in a sealed container, it will come to equilibrium, the vinyl chloride content will come to equilibrium with the vapor space or the air above the solid. Nothing will change. It will stay, namely, most of the residual vinyl chloride will stay in the resin particle, but if you are prepared to remove that, shall we say, 06^0^ 92 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler' air in the container and replace it with more air, then you do tend to accelerate the removal of vinyl chloride. Q. What occurred in 1974 that allowed Union Carbide to reduce the RVCh content in its suspension produced resin? A. We made a great effort to secure a more porous particle and we did go into the aeration of the bins of dried resin. Q. I take it that that was technology that was available to Union Carbide prior to 1974? A. 11 was available to everybody. Q. Prior to 1974? A . Yes . Q. Prior to 1974, was it possible to increase drying time to achieve virtually 100 percent conversion? A. You said conversion? Q. Polymerization. A. I don't like the Question. MR. BUNDA: I object to the form of the question. THE WITNESS: I don't like your 93 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05908 16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Question either. MR. BUNDA: I think you are confusing terms. When you say, conversion, what do you mean? MR. BO VI: Converting vinyl chloride to polyvinyl chloride. A. There is no process such os you are asking the Question about. Now, if you wont to talk about the amount of residual vinyl chloride retained in the particle at the end of the process, that is a reasonable question. But when you talk about a 100 percent conversion process, this is on idealized thing that has never been achieved by anyone. O. Let's talk about methods available prior to 1974 to eliminate, at the polymerization facility, RVCM content in the resin. Was- that something that could have been achieved from increased drying time or a number of technologies that Union Carbide employed in 1974 and thereafter? 94 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05909 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler A. I think we did utilize the technology end we did go for odditionel stripping time. We did try for- additional porosity and eventually we did then go to the bin aeration. These are not things which you can achieve overnight. You don't just turn on a switch and say tomorrow I'm going to make high porosity resin. Q. Were any of the technology changes. Union Carbide made prior to 1974. to reduce RVCM, motivated by concerns for the impact of the RVCM on human health? A. As of my own knowledge, and not necessarily Union Carbide's, I would say that there was no connection between human health and vinyl chloride prior to the issuance NIOSH/Goodrich report of angiosarcoma in late 1973 early 1974. MR. BOVI: Could you read that bade to me, please? (Record read.) 0. Are you aware, Mr. Wheeler, of the work done by Dr. Viola in Italy in 1970 95 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05910 1 2 3 4 5 6 7 e 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler and 1971? A. Ye*. Q. And you were aware, were you not, of Dr. Viola's work in 197D and 1971; were you not? A. Yes. 0. You passed along his information to your superiors ot Union Carbide; did you not? A. Yes. Q. You were aware that Dr. Viola reported an increase in cancer in rats who were exposed to concentrations of vinyl chloride; were you not? A. Yes, 30,000 ports per million. These are exposures such that, frankly. I'm surprised the rots didn't die. Q. Did you ever review Dr. Viola's initial publication in 1970? A. Yes. Q. When did that publication first come to your attention? A. I can only answer that approximately. 1 would say about sometime in 96 COMMERCE REPORTING COMPANY, INC., C212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Wheeler 1971 . Q. How did Dr. Viola's 1970 study come to your attention in 1971? A. It was called to my attention and even ones by the Manufacturing Chemists Association. 0. I am going to hand you what I have marked os Plaintiffs' Exhibit Wheeler 4. Will you identify that for me, if you can, after you take look at it? A. This not ia the paper that Viola oave in the meeting in Texas. This is a subsequent; paper. 0. Well, it'ss priorpaper; isn't it? A. No. 0. The meeting in Texas was in 1971; was it not? MR. BUNDA: Well, first of all, I am going to interpose an objection. Exhibit 4 what is this? MR. BOVI: What is it? MR. BUNDA: Yes. It is a typed sheet purporting to contain the 97 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05912 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler results of study done by P. L. Viola. There is a name at the top, Medicina del Lavoro, is this a translation? MR. BOVI: To the best of my knowledge, it is a translation of Viola's original work. MR. BUNDA: All right. I am going to object to any Questions about this. I'm not sure it's on accurate translation. I am not sure it was available literature at t he time -- MR. BOVI: My only question about it is whether he saw it or not. Either he saw it or he didn't see it. MR. BUNDA: Okay, then let me back up. If that was the question, then I wil-1 withdraw the objection. I don't recall that that was the question. I would also like to interpose an objection about this line of 98 <W> COMMERCE REPORTING COMPANY, INC (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler Questioning, I'm not sure it's 99 I will base my objection on the fact that it's not relevant. THE WITNESS: Well, I would like to answer. A. I do not think that this is the paper that I saw initially. 0. Do you recall, prior to today, ever having seen that paper? A. Yes. 0. When? A. I could not tell you. After Viola presented his paper in Texas and it was called to our attention, we went to great lengths to get every scientific document relating to that that we could find. Q. Is it your belief that it is more probable than not that you would have seen this document in 1971? A. * I don't think so. Q. Were you aware in 1971 that during the recent years a syndrome characterized by alterations of the skeleton. COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05914 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler ligaments, nervous system, and heeatic function has been observed among the workmen associated with vinyl chloride polymerization processes? THE WITNESS: Let me look at that . MR. BOVI: Certainly. THE WITNESS: You had a lot of words there. MR. BUNDA: The record should reflect that counsel was reading from this particular exhibit. Exhibit 4. A. I don't think that I quite agree with this statement. Yes, there have been and were reported alterations in the skeletons of workers exposed to vinyl chloride. But to my knowledge, I don't know that there were any reported alterations in the nervous system or hepatic function at this point in time. 0. ' Thank you. THE WITNESS: Let's put things into context, if I might? MR. BOVI: What I like you to 100 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05915 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler do, Mr. Wheeler, is just answer my Questions, if you would. THE WITNESS: All right, okay, I * m sorr y. 0. Were you present at Dr. Viola's presentation in Houston? A. No. 0. Did you receive e copy of his Houston presentation? A. Yes. Q. I am ooing do hand you, Mr. Wheeler, whet has been marked as Plaintiffs' Exhibit Wheeler 5. Would you take a look at that for me and tell me whether or not you have seen that document or a document with the same content in it before? A. This is the one which Viola gave at the Texas meeting and the one which I received as being a copy of his presentation. Q. Did you receive that document in 1970 or 1*71? A. I have to say sometime in that period, but I can't really give you an exact date. 101 COMMERCE REPORTING COMPANY, INC. (212) 750-9696 W l 059,6 1 2 3 4 5 6 7 6 9 10 11 12 13 14 15 16 17 IS 19 20 21 22 23 24 25 Roscol Nicholas Uheeler Q . A1 1 right- A. (Continuing) I received it through the auspices of the flanufacturing Chemists Association when they had a general; industry meeting to discuss the apparent problem. 0. Now, when you reviewed that document, Hr. Wheeler, in 1971 you became aware of the resuIts of Dr. Viola's study showing that 65 percent of the rats who had been exposed to the concentrotions of vinyl chloride that we talked about developed skin t umors? A. Yes. 0. And that the type of cancers they were developing were either epidermoid or mucoepidermoid carcinomas. MR. BUNDA: Objection. Could you let him look at the article? MR. 80VI: Yes, it's in front of hinf. MR. BUNDA: Look at the article before you answer the question. MR. BOVI: I am referring 102 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05917 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler specifically, hr. Wheeler, to the last paragraph on the first page. A. I have no comment, other than if it's there, it's there, end if it's there, I saw it. G . Okay. A. (Continuing) But aside from that, I can't really Qualify as being knowledgeable in neoplasms. 0. I would like to direct your attention, finally, to the next to the last paragraph on the second page and the last sentence in that paragraph. You would have read in 1971: "All of the cutaneous tumors developed in the same cite i.e. the reigon including the area in which the submaxilary and carotid gland are located." Correct? A. If it's there it's what it says. 0. Thank you. Now, after you received -- how did you receive word of Or. Viola's presentation in Houston? A. As I mentioned earlier, the 103 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05918 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler flanufacturing Chemists Association called a general meeting of the vinyl chloride polyvinyl chloride industry which I attended. O. To your knowledge, were any of the customers of the polyvinyl chloride industry called to participate in that meeting? A. They would have been if they were members of the Manufacturing Chemists l Association. I can't really say that a specific customer appeared. o. Did Union Carbide, to your 1know edge, moke any attempts to inform its customers either of Dr. Viola's work or of the MCA meeting in 1971? A. I can't answer that because I have no knowledge of it. THE WITNESS: May I borrow your copy of Viola's Texas paper for a moment ? MR. BOVZ: Certainly. Q,, Would you identify Plaintiffs' Exhibit Wheeler 7, please? MR. BUNDA: Let's go off the URL 05919 104 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 a 9 ID 11 12 13 14 15 16 17 IS 19 2D 21 22 23 24 25 Roscol Nicholas Wheeler record for a second. (Discussion off the recor'd. ) Q. Could you identify Plaintiffs' Exhibit Wheeler- 7, please? A. This is an article by Viola which I think I received sometime, probably, in 1973. Don't forget, when you write these things in Italian, you have to first know that they are there and, secondly, you have to get somebody to translate them. Q. Well, you met with Dr. Viola in 1971; didn't you? A. I didn't, but Union Carbide had a representative there, yes. 0. This article appeared in Cancer Research in May of 1971; did it not? A. That's what it says. 0. Do you recall whether or not you saw this article in 1971? A. I said I thought I saw it about 1973 or 1972. There was a considerable lag. 0. Did you indicate earlier that in 1971 after you became aware of Viola's 105 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 UflL 05920 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler presentation in Houston, you conducted on Union Carbide conducted a search through the known medical literature concerning toxicity studies relating to vinyl chloride exposure? MR. BUNDA: I object to the form of the Question. A. know1 edge. I can't answer that of my own MR. BUNDA: I don't think he indicated that in his previous testimony. That's the basis for the objection. Q. When the work of Viola first came to your attention, did you know what the RVCM concentrations were in Union Carbide's resin? A. No. 0. What steps did Union Carbide take, after becoming aware of Viola's work, to test it's resin to determine what the RVCM concentrations in it were prior to 1974? A. Union Carbide concentrated its efforts on making a determination of whether 1 D6 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05921 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler or not vinyl chloride exposure was <a cause of cancer in humans. Q. Is it your opinion, as you sit here today, nr. Wheeler, that vinyl chloride is or is not carcinogenic to human beings? MR. BUNDA: Objection. A. You're calling for conclusion in which I hove no expertise. Q. You hove no opinion one way or the other? A. Sure I have on opinion, but my opinion is valueless. 0. Well, I would like to know what your opinion is, sir. Is it your opinion that vinyl chloride is or is not carcinogenic to humans? MR. BUNDA: Objection. THE WITNESS: What should I do? MR. BUNDA: Go ahead and answer it. A. I think that exposure to vinyl chloride causes hepatic angiosarcoma. 0. Would you identify that document for me, please? 107 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05922 1 2 3 A 5 6 7 e 9 10 11 12 13 14. 15 16 17 16 19 20 21 22 23 24 25 Roscol Nicholas Wheeler MR. BUNDA: And that Document you are refer-ring to is? MR. BOVI: Exhibit 6. A. This is a letter which I wrote . to my associates at Union Carbide reporting on the meeting that I mentioned earlier that the Monufacturing Chemists Association called as a result of the Viola paper. I would like to point out that out of that meeting Union Carbide took, a position of leadership to secure additional toxicity testing and to confirm or try and confirm a connection between vinyl chloride and human hea1th. 0. The memorandum is doted November 23rd, 1971; correct? A. Yes. Q. Did you author that memorandum? A. Yes. 0. Does your signature appear on the last p'age of that document? A. Yes. Q. Is theexhibit that you hove before you a complete an accurate copy of 1 08 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05923 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler that memorandum? A. It appears to be. Q. Are each of the eight people that that memorandum is addressed to employees of Union Carbide? A. They were at the time. Q. Was this memorandum to your knowledge, ever circulated or intended for circulation outside of Union Carbide? A. It was not intended to be circulated outside of Union Carbide. 0. Why not? A. Because I was informing my associates of the MCA meeting, the results of that meeting, and the position that we were taking the lead into the toxicity testing of vinyl chloride. That involved epidemiology it involved metabolism and it involved long term exposure to rats, mice, and hamsters. We,. Union Carbide, would lead in trying to get the money to get this program off the ground. 0. The memorandum discusses the 10? COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05924 .je s tn u o Roscol Nicholas Wheeler results of Or. Viola's work; does it not? A. Yes. 0. And discusses the information communicated by Dr. LeFevre, does it not? A. Yes. I might add, though, this is not an exact presentation of what was said at the meeting. This is based upon my impressions of what was said and what went on at the meeting. 0. I would like to refer you to the first page of the memo Item Number 2 indicates: "Review the reports of Dr. P. L. Viola on the development of tumors in rats exposed to vinyl chloride monomer gas. Is that what it says? A. Yes. Q. During the MCA meeting, did you review more than one report of Dr. Viola's? A. Based on material contained -- I can't really say that this is an exact -- I think this might be secondhand information taken from a number of sources. The primary paper presented at the meeting was the Viola paper presented in 110 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 S 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Houston. Q. Roscol Nicholas Wheeler Yes, but you -- A. (Continuing) But there were other people there who had additional input. And this report on Or. Viola's work represents my impression of what was said at the meeting. 0. Now, at the time you wrote this memo on November 23rd, 1971, you had already seen Plaintiffs' Exhibit Wheeler 7; did you not? A. No, I hod not. 0. Look at Page 2 of that document, hr. Wheeler, -- I'm sorry. Page 2 of your memorandum. Does that indicate, the second paragraph from the bottom, that Dr. Viola's initial work involving exposure to rats to 30,000 parts per million of vinyl chloride was reported at the Tenth International Cancer Congress at Houston, Texas in hay of 1970 and was later published in Cancer Research in May of 1971? Now, is it your testimony today that Ill COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler when you wrote t ha t memo on November 23rd , 1971 and cited t hat Cancer Research article. that you had not seen it? A. I had seen it. But now, like I soy, the additional information presented here, I will call your attention to the statement: "The remaining data is unpublished at this time." Q . All right. A. (Continuing) So I did not have All I had was the initial Viola paper and, you might say, word of mouth transmittal which came secondhand from various people. 0. So, although this memo dated November 23rd refers to Dr. Viola's article published in Cancer Research in May of 1971, you had seen it or you hadn't seen it? A. I can't really say. Q. Okay. A. (Continuing) I definitely referred to it, but I can't really say that I had the paper in hand. 0. It was an article then that was available to you in 1971 if you wanted to 112 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05927 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas Wheeler read it'? A. I guess you can say that. 0. It was available to Union Carbide? A. Yes. 0. Now, the next sentence reads: "The remaining data is unpublished at this time. Now, what was the remaining unpublished data of Dr. Viola? A. Host of this unpublished data came as a result of the meeting between Dr. Lone and a number- of other medical men who had Dr. Viola come over to this country and discuss his work with them. 0. Union Carbide in fact paid all or a substantial part of Dr. Viola's expenses to bring him to Washington for the meeting; didn* t they? A. I don't think he came to Washington.. 0. Do you recoil? A. I think that this might have been a meeting at Kennedy Airport. 113 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05928 Roscol Nicholas Wheeler 0. Doesn't it indicate, on Page 2 of that document, that after the appearance of Dr. Viola's paper at the Houston meeting, intereseted companies, including Union ; Carbide, paid Dr. Viola's expenses for a meeting in Washington on May 5th, 1971? A. If that's what it says, that's what happened. Q. Now, the unpublisheddata of Viola is in fact recorded right above that paragraph, is it not, showing tumors in rats at concentrations substantially less than 30,000 parts per million? A. Yes. MR. BUNDA: Objection to the form of the question. 0. Your concern was thatif this data showing the incidence of tumors below 30,000 parts per million was published in the United States, it was going to cause serious problems f-or.the vinyl chloride monomer and resin industry; wasn't it? A. Mow can I say that when you say this was already available to the industry? 1 14 URL 05929 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholas, Wheeler Q. Sure, the data at 30,000 was available but the data below 30,000 wasn't available; was it, sir? A. That is correct. 0. Your position was that you and your company did riot want that unpublished data to become known in the United States? HR. BUNDA: Objection. I object to that too. We had no -- we were concerned about what would happen, but we were not making any effort to not make this information known. O. There was a meeting set up between industry representatives and Dr. Viola in May of 1971; correct? A. That is correct. Q. When that meeting was set up, did Union Carbide know whether or not Viola had published in the United States? Was this article out when this meeting was set up, or did this article come out after the meeting was set up? A. I think I saw it afterwards, but 115 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05930 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Roscol Nicholes Wheeler I MR. BUNDA: If you recall just tell him what you know and if you don't know, you don't know. A. (Continuing) I don't think X saw this second article. 0. Wasn't one of the reasons for the meeting with Viola to discourage him from publishing his results in the United States? A. No. The whole function of the meeting was to try and decide what Dr. Viola had seen and what sort of a problem might grow from that. Q. Did you personally participate in the meeting with Viola? A. No. Q. Have you ever met him? A. No. Q. Did you write on November 23rd, 1971, quote: "Publishing of Dr. Viola's work in the United States could lead to serious problems with regard to the vinyl chloride monomer and resin industry." close quote? A. That's what it says, that's not 116 COMMERCE REPORTING COMPANY, INC., (212) 750-9696 URL 05931