Document 2J63nd8GQ2Q8GDzGDBb1KxqE7

COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT CIVIL ACTION NO. 86-CI-1566 DIVISION II wigimal COMMONWEALTH OF KENTUCKY, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET PLAINTIFF v. ROCKWELL INTERNATIONAL CORPORATION, TIM SHOOK AND RICHARD L. MONTGOMERY DEFENDANTS COMMONWEALTH OF KENTUCKY LOGAN CIRCUIT COURT NO. 93-CI-00158 DONALD S. HOUCHENS, ET AL. PLAINTIFFS ROCKWELL INTERNATIONAL CORPORATION, RICHARD H. RAMPON, JOHN McCLURE KERR and DAVID R. STANLEY COMMONWEALTH OF KENTUCKY LOGAN CIRCUIT COURT NO. 93-CI-00159 ROGER DALE BARNES and WILDA MAE BARNES v. ROCKWELL INTERNATIONAL CORPORATION, RICHARD H. RAMPON, JOHN McCLURE KERR and DAVID R. STANLEY COMMONWEALTH OF KENTUCKY BUTLER CIRCUIT COURT CIVIL ACTION NO. 93-CI-00119 HOBERT TRACY BELILES, ET AL. v. ROCKWELL INTERNATIONAL CORPORATION, RICHARD E. RAMPON, JOHN McCLURE KERR and DAVID R. STANLEY DEFENDANTS PLAINTIFFS DEFENDANTS PLAINTIFFS DEFENDANTS DEPOSITION OF WILLIAM B. PAPAGEORGE, P.E. Taken on behalf of Defendant Rockwell International Corp. September 23, 1993 Schroeder Reporting, 400 N. Fourth, St. Louis, MO 63102 WATER PCB-SD0000058583 INDEX OF EXAMINERS Page Direct Examination by Mr. Goebel...................................... 5 Cross-Examination by Mr. Cunningham..................................51 Cross-Examination by Mr. Bolzle............................................77 Redirect Examination by Mr. Goebel.......................................91 Recross-Examination by Mr. Bolzle................................ 94 Line 15 21 13 24 20 INDEX OF EXHIBITS MARKED AND/OR REFERENCED Paae(s) Defendant's Exhibit 1. .......... . 25, 27-30, (2-9-70 letter w/attachment) 41, 88 and 90 Defendant's Exhibit 2. . . ........................................... 25, 29, 30, (letter authored by Schalk w/attachment) 41, 70, 88 and 90 Defendant's Exhibit 3........................................................... 25, 31-33 and (1-31-72 letter) 37 Defendant's Exhibit 4........................................................... 25, 34, 37, (3-15-72 letter w/attachment) 56 and 57 Defendant's Exhibit 5........................................................... 25, 35 and 36 (8-3-73 letter w/attachments) Defendant's Exhibit 6.......................................................... 47,48, 62 (Pydraul labels) and 96 Defendant's Exhibit 7...........................................................47 and 48 (environmental label) Defendant's Exhibit 8...........................................................47 and 49-51 (imprint of rubber stamp) Defendant's Exhibit 9...........................................................47, 50 and 90 (invoices to Rockwell Manufacturing Co.) Defendant's Exhibit 10 ..................................................... 91 (9-1-60 letter w/attachments) WATER PCB-SD0000058584 COMMONWEALTH OF KENTUCKY FRANKLIN CIRCUIT COURT CIVIL ACTION NO. 86-CI-1566 DIVISION II COMMONWEALTH OF KENTUCKY, NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION CABINET PLAINTIFF V ROCKWELL INTERNATIONAL CORPORATION, TIM SHOOK AND RICHARD L. MONTGOMERY DEFENDANTS COMMONWEALTH OF KENTUCKY LOGAN CIRCUIT COURT NO. 93-CI-00158 DONALD S. HOUCHENS, ET AL. PLAINTIFFS V ROCKWELL INTERNATIONAL CORPORATION, RICHARD H. RAMPON, JOHN McCLURE KERR and DAVID R. STANLEY DEFENDANTS COMMONWEALTH OF KENTUCKY LOGAN CIRCUIT COURT NO. 93-CI-00159 ROGER DALE BARNES and WILDA MAE BARNES PLAINTIFFS V ROCKWELL INTERNATIONAL CORPORATION, RICHARD H. RAMPON, JOHN McCLURE KERR and DAVID R. STANLEY DEFENDANTS COMMONWEALTH OF KENTUCKY BUTLER CIRCUIT COURT CIVIL ACTION NO. 93-CI-00119 HOBERT TRACY BELILES, ET AL. PLAINTIFFS V ROCKWELL INTERNATIONAL CORPORATION, RICHARD E. RAMPON, JOHN McCLURE KERR and DAVID R. STANLEY DEFENDANTS DEPOSITION OF WILLIAM B. PAPAGEORGE, P.E., produced, sworn and examined on September 23, 1993, on behalf of Defendant Rockwell International Corp., between the hours of eight o'clock in the forenoon and eight o'clock in the afternoon of that day, at the Marriott Hotel, Highway 1-70 at Lambert International Airport, St. WATER PCB-SD0000058585 Louis, Missouri, before TAMI L. BRUDER, a Registered Professional Reporter and a Notary Public within and for the State of Missouri. APPEARANCES For the Plaintiffs (telephonically): Charles L. Cunningham, Esquire 304 West Liberty Street, Suite 200 Louisville, Kentucky 40202 For the Defendant Rockwell International Corporation (telephonically): J. Anthony Goebel, Esquire WYATT, TARRANT & COMBS Citizens Plaza Louisville, Kentucky 40202 For the Defendants Tim Shook and Richard L. Montgomery (telephonically): Gregory A. Bolzle, Esquire WOODWARD, HOBSON & FULTON 2500 First National Tower Louisville, Kentucky 40202 For the Deponent and Monsanto Company: Gerard H. Davidson, Jr., Esquire SMITH, HELMS, MULLISS & MOORE 300 North Greene Street, Suite 1400 P.O. Box 21927 Greensboro, North Carolina 27420 WATER PCB-SD0000058586 1 IT IS HEREBY STIPULATED AND AGREED by and 2 between Counsel for the Plaintiffs and Counsel for the 3 Defendants, that this deposition may be taken in shorthand 4 by TAMI L. BRUDER, a Notary Public and Registered 5 Professional Reporter, and afterwards transcribed into 6 typewriting and signed by the Witness. 7 8 o-O-o 9 10 WILLIAM B. PAPAGEORGE, P.E., 11 of lawful age, being produced, sworn and examined on the 12 part of the Defendant Rockwell International Corporation, 13 deposes and says: 14 DIRECT EXAMINATION 15 QUESTIONS BY MR. GOEBEL: 16 Q. This is Tony Goebel. I'm going to go ahead 17 and start the questioning, and then I don't know who will 18 go next, but if there are objections, I guess we can agree 19 that we'll just make sure that the witness doesn't 20 interrupt, because on the speaker phone, there might be a 21 little time lag in there, so -- so, Mr. Papageorge, you 22 might give us a little bit of time before to see if there 23 is an objection. 24 A. I'll try to do that. 25 Q. Okay. 5 WATER PCB-SD0000058587 1 A. I don't mind being reminded if I don't. 2 Q. All right. 3 A. Can you hear me all right? 4 Q. Yes. We can. 5 A. Good. 6 Q. I suppose you can hear us okay? 7 A. Yes. 8 Q. Would you state your full name, please? 9 A. William B. Papageorge. 10 Q. And what is your current address? 11 A. 321 Pebble Valley Drive, St. Louis, Missouri 12 63141. 13 Q. Would you briefly tell us your educational 14 background, Mr. Papageorge? 15 A. I received abachelorof science in chemical 16 engineering degree in 1943 and a master of science in 17 chemical engineering in 1947 from Washington University in 18 St. Louis. In addition to that, I had earned 12 credits 19 toward a doctor of science degree at Oklahoma A & M, 20 currently known as Oklahoma State University. 21 Q. Over the years, have you attended seminars 22 relating to your field of study? 23 A. Yes. 24 Q. And would yougenerally tell ushow many 25 seminars you attended, if you can? 6 WATER PCB-SD0000058588 1 A. Oh, I -- I have never kept a score sheet on 2 them. There were many. And when you say my field of 3 study -4 Q. Engineering, chemical engineering. 5 A. Chemical engineering. Because many of these 6 seminars really became business-oriented types of 7 seminars. As best I can recall, I would suggest that 8 maybe a half a dozen seminars relating to chemical 9 engineering. 10 Q. And you said that you attended other seminars 11 related to the business in which you have worked. What 12 kinds of seminars were those and how many did you attend? 13 A. Oh, I -- I attended sessions at Washington 14 University at their school of business administration in 15 the 19 -- early 1960s. I attended seminars at the 16 American Management Association in New York City in the 17 middle to late 1960s. There were others that, at the 18 moment, don't come to mind here. 19 Q. Have you ever taught any seminars? 20 A. I have taught seminars -- I hope we have the 21 same definition of seminars. I have taught seminars 22 within Monsanto -- 23 Q. All right. 24 A. -- Company. 25 Q. Let's get into your work experience. After 7 WATER PCB-SD0000058589 1 you obtained your master's in chemistry degree, what was 2 the first employment that you had? 3 A. I was employed by the Phillips Petroleum 4 Company in Bartlesville, Oklahoma. 5 Q. And for how long did you work there? 6 A. From 1947 to 1951. 7 Q. What did you do for Phillips Petroleum? 8 A. I initially worked in Phillips Petroleum's 9 research department, working with drilling fluids and 10 secondary petroleum recovery. That assignment lasted for 11 about two years, and then I was assigned to the refining 12 department where I did engineering work relating to 13 equipment used by the petroleum industry in separating the 14 different petroleum fractions or materials. 15 Q. All right. What kinds of -- you mentioned 16 that you had worked with drilling fluids in the research 17 department. What kinds of fluids were those? 18 A. I don't know how to describe it. They were 19 mixtures of clays with various additives that are used 20 during the oil well drilling process to lubricate the bit 21 and to carry the cuttings back up to the surface, 22 resulting in a clean hole. 23 Q. All right. In 1951, you changed employers? 24 A. I did. 25 Q. Where did you go to work then? 8 WATER PCB-SD0000058590 1 A. I joined the Monsanto Chemical Company. 2 Q. And what was the first job position you had 3 with Monsanto? 4 A. I was assigned as a design engineer in the 5 plant's engineering or technical department. 6 Q. What were your responsibilities in the design 7 engineering department? 8 A. To specify the equipment required to produce 9 a product at the plant. This included pumps and tanks and 10 distillation columns, instruments and the like. 11 Q. Would you tell the jury a little bit about 12 the Monsanto Chemical Company, and I would ask you to 13 limit your question to its involvement of the manufacture 14 of PCBs or polychlorinated biphenyls? 15 A. Well, Monsanto, in 1935, acquired the Swan 16 Chemical Company, and at the Anniston, Alabama plant of 17 that company PCBs were manufactured, and this was 18 Monsanto's first involvement with PCBs. Within a year or 19 two, the plant in Sauget, Illinois, S-a-u-g-e-t, was 20 designated as the second plant within Monsanto to produce 21 PCBs. As best I recall, shortly after World War II, an 22 additional plant was constructed in the United Kingdom at 23 Newport, Wales. In late 1969, Monsanto, in a joint 24 venture with Mitsubishi Chemical Company, built a plant in 25 Japan. Does that help? 9 WATER PCB-SD0000058591 1 Q. Yes. It does. 2 A. All right. 3 Q. What kinds of --when you sayMonsanto 4 manufactured PCBs, what kinds of products did - 5 eventually that Monsanto produced were PCBs put into and 6 what were their uses? 7 A. The PCBs were used in mixtures of materials 8 that resulted in fluids used in electrical equipment such 9 as transformers, capacitors and starting equipment. The 19 PCBs were also used as an ingredient in fluids used in 11 hydraulic systems, industrial hydraulic systems as 12 distinguished from automotive hydraulic systems. PCBs 13 were also an ingredient in fluids used in industrial heat 14 transfer systems. They were also an ingredient in fluids 15 used in vacuum systems. The PCBs were used as additives 16 in such things as paints and coatings, caulking materials, 17 adhesives, inks, carbonless copy paper. I believe I've 18 covered all of the uses that come to mind at the moment. 19 Q. Was Monsanto the only manufacturer of PCBs in 20 the United States after 1935? 21 A. It's hard to prove one way or the other that 22 Monsanto was the only or the major. There is some 23 indication that other companies attempted and did make 24 some PCBs through the 40 or so years that PCBs were 25 manufactured. I personally would suggest that the best 10 WATER PCB-SD0000058592 1 word to use describing Monsanto's production is to suggest 2 that it's a very high, 90 plus percent. 3 Q. All right. We've talked about PCBs. What 4 are PCBs and why would they be desirable for use in like a 5 hydraulic fluid? 6 A. PCBs are the -- let me back -- let me start 7 over again. The acronym PCBs is really used to describe 8 the chemical family called polychlorinated biphenyls. 9 These are materials that are made from benzene and 10 chlorine. They number over 200 different members of that 11 family of chemicals. The materials sold for industrial 12 purposes always consisted of various mixtures of these 200 13 or so different chemical entities. The attractive feature 14 that PCBs had, and still have, they are very stable 15 chemicals that offer the highly desirable characteristic 16 of being fire resistant. So, relating to the use in 17 hydraulic fluids, the benefit is one of being able to have 18 a fluid under a high pressure in a situation where fires 19 can and do result, that the fluid, if it should ever 20 escape, would not ignite. 21 Q. Was there -- at the time PCBs were used in 22 hydraulic fluids, was there any better formulation to - 23 that would resist fire than PCB-containing fluids that you 24 know of? 25 A. I don't personally know of any better 11 WATER PCB-SD0000058593 1 formulation as it relates to the properties of the 2 material, including lubricity, stability, fire resistance, 3 these kinds of things. 4 Q. In our case we've had the term "Aroclor" come 5 up. What is the relationship between Aroclors and PCBs? 6 A. Aroclor, that's capital A-r-o-c-l-o-r, is 7 Monsanto's trademark for some of their products. Included 8 in that trademark were the PCBs that were sold as PCBs 9 without any other additives. 10 Q. And then different Aroclors could have been 11 contained in different formulations of PCB-containing 12 hydraulic fluids; is that right? 13 A. That is correct. 14 Q. Let me get back to your work experience with 15 Monsanto Company or Chemical Company. You've told us 16 about being in the design engineering department. How 17 long did you stay there? 18 A. A couple years. 19 Q. And then what was your -- did you continue to 20 stay with Monsanto Company after that? 21 A. Yes. 22 Q. What was your new position? 23 A. Following the engineering assignment, I was 24 assigned as a -- at first as an assistant supervisor and 25 finally as a supervisor in two units of the plant that 12 WATER PCB-SD0000058594 1 produced chemicals. 2 Q. And in what year did you make a move to a 3 plant? 4 A. Well, from the very beginning, the -- for 5 example, the engineering department that I joined was a 6 part of a Monsanto plant, so I moved really from the 7 engineering department into the production department. 8 Q. In which plant was the design engineering 9 department located? 10 A. It's the Monsanto plant located in St. Louis 11 referred to by Monsanto as the J.F. Queeny Plant. 12 Q. And how long were you at the J.F. Queeny 13 Plant? 14 A. Until 1964. 15 Q. And then you were transferred to another 16 plant? 17 A. I was. 18 Q. Which plant is that? 19 A. I was transferred to the Sauget, Illinois 20 plant. 21 Q. And that, from your earlier testimony, is one 22 of the plants that produced products which contained PCBs? 23 A. That is correct. 24 Q. What was your position at the Sauget, 25 Illinois plant? 13 WATER PCB-SD0000058595 1 A. I was one of five or six general 2 superintendents of production. 3 Q. And what were your responsibilities as a 4 general superintendent of production? 5 A. I was assigned several operating units that 6 produced, as best I remember, something like 20 or so 7 different chemical products. 8 Q. And did those chemical products contain PCBs? 9 A. No. 10 Q. So, when youwere at the Sauget, Illinois 11 plant, you didn't work with any products that contained 12 PCBs; is that right? 13 A. I hesitate because in producing the products 14 assigned to me, some of the units used PCBs in their 15 systems such as their air compressors or their heat 16 transfer systems or the transformers, so PCBs were 17 involved but not as a product. 18 Q. Is that when you firstbecame familiar with 19 PCBs and their use? 20 A. No. 21 Q. When did you first become familiar with PCBs? 22 A. About 1956 or so. 23 Q. And that was when youwere in the design 24 engineering department? 25 A. No. That's when I was assigned to the plant 14 WATER PCB-SD0000058596 1 maintenance and construction department. 2 Q. And in what sense did you become familiar 3 with PCBs in 1956? 4 A. I was a supervisor of a team of craftsmen who 5 were involved in the installation of new equipment, not 6 under -- not with major projects, but with small projects 7 throughout the plant, and in supervising that work force, 8 I had to become familiar with the materials they might be 9 involved with, and when this group would install, say, a 10 transformer or replace a pump in a heat transfer system or 11 install a compressor and fill it with hydraulic fluid, 12 that's when they became involved with PCB-containing 13 fluids. 14 Q. Between 1956 and during the time you were at 15 the Sauget, Illinois plant, what other experiences did you 16 have with PCBs or PCB-containing fluids? 17 A. The involvement with PCBs and employees 18 broadened when I was appointed superintendent of the 19 maintenance department in about 1958 or so. This included 20 not only that small new construction work force but all of 21 the plant's craftsmen, which numbered about 400 or so, 22 involved in many ways with PCB-containing materials. In 23 1963, I was assigned as general superintendent of 24 warehousing distribution and utilities. During that 25 assignment, I was involved with PCBs in at least two ways, 15 WATER PCB-SD0000058597 1 one as a shipper of the material from the warehouse or the 2 tank farms, the other was as the use of PCBs in the 3 utilities department which was involved with the 4 distribution of electrical power in the plant. I think 5 that brings me up to the assignment at the Sauget, 6 Illinois plant. 7 Q. Did you leave the Sauget, Illinois plant 8 after 1965? 9 A. I did. 10 Q. In what year? 11 A. 1965. I forget the exact month, but -12 Q. And where were you transferred to? 13 A. I was transferred to Anniston, Alabama, at 14 Monsanto's plant located there. 15 Q. You told us earlier that that plant also 16 manufactured PCB-containing fluids -- 17 A. That is correct. 18 Q. -- or products containing PCBs? 19 A. Yes. 20 Q. What was your position at the Anniston, 21 Alabama plant? 22 A. I was plant manager. 23 Q. And as plant manager, what were your 24 responsibilities? 25 A. I guess I was best described -- I was 16 WATER PCB-SD0000058598 1 responsible for everything that happened at the plant or 2 to the plant. 3 Q. What products did Monsanto manufacture at 4 Anniston, Alabama? 5 A. Of course, we had the PCBs. There was also a 6 group of chemicals referred to as polychlorinated 7 terphenyls, t-e-r-p-h-e-n-y-l-s, biphenyl, chlorine, 8 hydrochloric acid, phosphorus pentasulfide and an 9 insecticide we called Parathion, P-a-r-a-t-h-i-o-n, and 10 another pesticide we called Niran, N-i-r-a-n. 11 Q. Did you use different Aroclors in the 12 manufacture of these products you just mentioned? 13 A. These two, the pesticides? 14 Q. No. All of them. Well, I guess it would be 15 in the polychlorinated biphenyl products that you would 16 have used several different kinds of Aroclors; is that 17 right? 18 A. That is correct. 19 Q. And could you tell me the different kinds of 20 Aroclors used? 21 A. At that time at the plant, the Aroclors that 22 were used to make products shipped from the plant that 23 included other materials would be Aroclor 1242, Aroclor 24 1248, Aroclor 1254, Aroclor 1260. 25 Q. Would you explain in a non-technical way the 17 WATER PCB-SD0000058599 1 difference between, for instance, an Aroclor 1242 and, 2 let's say, 1260? 3 A. Well, they're, of course, a -- one difference 4 is the type of PCB in the final mixture, but the 5 predominant feature really is one of the amount of 6 chlorine in that total mixture. The 42 used in the 7 terminology represents 42 percent by weight of the 8 material is chlorine. The 60 used in the Aroclor 1260 9 designation refers to the presence of 60 percent of the 10 material by weight being chlorine. 11 Q. All right. 12 A. So, the higher the last twodigits, the more 13 chlorine is present. 14 Q. In the manufacturing process at the Anniston, 15 Alabama plant, I suppose you would have waste waters that 16 would contain PCB fluids or PCBs? 17 A. Yes. Yes, on occasion. 18 Q. And what years were you at the Anniston, 19 Alabama plant? 20 A. From fairly early in '65 to the end of '69. 21 Q. How did Monsanto dispose of its waste waters 22 that contained PCBs at that plant? 23 A. The waters that could possibly on occasion 24 contain PCBs were sent to an in-plant pond, one of two 25 ponds. In this pond there was crushed rock which was 18 WATER PCB-SD0000058600 1 there to neutralize any acid that might be present in that 2 water. Remember, I said earlier about the presence of 3 hydrochloric acid at the plant. The pond also served as 4 a -- I'm going to call it a trap, if you will, to capture 5 any PCBs that might have gotten into that water. That 6 water then, after settling for -- I forget the exact 7 number of days or retention time in that pond, would flow 8 to the Anniston, Alabama waste water or municipal 9 treatment plant. Frequently, and I have forgotten the 10 degree of frequency, the pond would be bulldozed, if you 11 will, to pick up the sediment, the crushed rock that was 12 contaminated with PCBs, and that material would be drummed 13 and hauled off to the in-plant landfill. The pond would 14 then be re-lined with the proper clays to prevent water 15 from seeping through. New crushed rock would be applied 16 and the pond would be ready for service. In the meantime, 17 the second pond was in service, so they would alternate 18 the two ponds. 19 Q. If I understand your testimony correctly, you 20 said that once the water -- the waste water would sit in 21 the pond a while, then you would -- would you actually 22 treat the water before it was deposited into the Anniston, 23 Alabama waste treatment facility or would it just be 24 skimmed off and put there? 25 A. I think the skimmed off applies better. The 19 WATER PCB-SD0000058601 1 water or the sediment at the bottom would be retained. 2 It's the clear water on top that would be pumped to the 3 municipal treatment plant. 4 Q. And as plant manager, did you think that this 5 was an acceptable means of disposing of Monsanto's waste 6 waters at the time? 7 A. Yes, sir. 8 Q. You left there in 1970, I believe, the 9 Anniston plant? 10 A. Yes, sir. 11 Q. Do you know how long after 1970 that the 12 Anniston plant continued to put its waste waters in a 13 holding pond? 14 A. Are we talking here now as it related to 15 PCBs? 16 Q. Yes. 17 A. As I recall, the production of PCBs at 18 Anniston was terminated in 1972, so the pond would no 19 longer be involved with PCBs. 20 Q. Only because they stopped manufacturing PCBs 21 in 1972? 22 A. At that plant, yes, sir. 23 Q. After you left the Anniston,Alabama plant, 24 what was your next position with Monsanto? 25 A. I was assigned to work in the St. Louis 20 WATER PCB-SD0000058602 1 offices of Monsanto with the title of manager, 2 environmental control, involved with the PCB in the 3 environment issue that was evolving at the time. 4 Q. Was that a new position or did you replace 5 someone? 6 A. That is a new -- that was a new position. 7 Q. All right. 8 MR. BOLZLE: What year was that again? 9 MR. GOEBEL: 1970. 10 Q. (By Mr. Goebel) When you say involved with 11 the PCB issue evolving at the time, what were your 12 responsibilities as manager of environmental control as 13 related to the PCB issue evolving? 14 A. The responsibilities involved really the PCBs 15 and their presence in the environment, the possible 16 effects on the environment, and it was my responsibility 17 to try to keep abreast of all the rapidly developing 18 information and sharing this with, of course, people 19 within Monsanto involved with PCBs and also with customers 20 as well as regulatory representatives and various private 21 laboratories and, of course, including laboratories at 22 several universities. 23 Q. When you say that you tried to keep abreast 24 of all information, did you read a lot about the studies 25 that were being conducted during that time period? 21 WATER PCB-SD0000058603 1 A. Yes, sir, as much as I was made aware of. 2 could find. 3 Q. Did Monsanto do its own studies at the time 4 or did it conduct its own studies? 5 A. Yes. It did. 6 Q. And were you also made aware of what those 7 studies were? 8 A. Certainly. 9 Q. And how were you involved other than just 10 reading about them? 11 A. About which? The Monsanto studies? 12 Q. Yes. 13 A. Oh, I, of course, in many ways looked over 14 the shoulder of the researchers in Monsanto. I was 15 privileged to attend the contract laboratories conducting 16 animal testing studies. I sat in on many meetings at 17 which the progress of these studies was reported. I 18 helped to get proper financing of some of the work. I 19 don't know what else to share with you here. I tried to 20 get as involved as I could. 21 Q. All right. When you said that you looked at 22 the presence of PCBs in the environment, would it also be 23 true that you were familiar with the studies around that 24 time period in the 1970s on the impact of PCBs on the 25 environment and the alleged health hazards of PCBs? 22 WATER PCB-SD0000058604 1 A. I certainly tried to do so. Yes. 2 Q. Are you familiar with the Swedish study? 3 A. Yes. 4 Q. And for the jury, would you tell us what the 5 Swedish study was? 6 A. At the University of Stockholm, there were 7 two principal investigators, Drs. Widmark and Jenssen, 8 J-e-n-s-s-e-n, who were conducting studies to determine 9 the presence of DDT in the environment. As they were 10 conducting these studies, they kept running into an 11 interference in their instruments and in their results. 12 They weren't initially sure of just what this material 13 was. They finally speculated or believed that it was 14 PCBs. They reported this, as I recall, in late 1966 at a 15 meeting in Europe, and it was about 1967 that they were 16 pretty well convinced that it was PCBs that were causing 17 these interferences. That was the gist of it. 18 Q. All right. Did -- so, really, the Swedish 19 study, based on their study, they detected the presence of 20 PCBs in the environment in Europe, right? 21 A. In samples obtained near their university, 22 yes, sir. I don't know that -- correctly to say in total, 23 in all of Europe, no, at that time. 24 Q. And did they do -- other than to indicate 25 that PCBs were present in the environment in the location 23 WATER PCB-SD0000058605 1 that you just described, did the Swedish study involve an 2 analysis of the impact of PCBs on the environment or on 3 human health? 4 A. No. 5 Q. Did the researchers who conducted the Swedish 6 study, were they able to narrow the kinds of PCBs that 7 they found in the environment? 8 A. Yes. They were. They were reporting the 9 presence in environmental samples of the higher 10 chlorinated types of PCBs. 11 Q. And I believe they discovered the PCBs that 12 had 54 percent or 60 percent chlorine by weight; is that 13 right? 14 A. That is correct. 15 Q. Have you had a chance to review the Monsanto 16 records on the kinds of Pydraul used at the Rockwell 17 Manufacturing, Russellville, Kentucky plant? 18 A. Yes. I have. 19 Q. And based on those records, I believe the 20 Russellville plant used Pydrauls 312 and F-9; is that 21 right? 22 A. That's what I sawin the record. Yes, sir. 23 Q. And I believe --well, can you tell me, first 24 of all, what is Pydraul? 25 MR. DAVIDSON: Tony, this is Gerard. May I 24 WATER PCB-SD0000058606 1 interrupt a minute? Bill, if it would be possible, would 2 like to take a short break. 3 MR. GOEBEL: Oh, sure. 4 MR. DAVIDSON: And I'll run down and see if 5 the faxes are here yet. 6 MR. GOEBEL: Why don't you just give us a 7 call back when you're ready and they'll put you through 8 here? 9 MR. DAVIDSON: Okay. 10 [Short break was taken.] 11 [Reporter marked Defendant's Exhibits 1 through 5.] 12 MR. GOEBEL: Court reporter, I think I asked 13 him -- the last question was about Pydraul. I can't 14 remember exactly what it was. 15 [Reporter read from the record as directed.] 16 Q. (By Mr. Goebel) That's the pending question. 17 Can you tell me what is Pydraul? 18 A. Pydraul is a Monsanto trademark used by 19 Monsanto on its fluids sold for use in industrial 20 hydraulic systems. 21 Q. And Pydraul 312 and F-9 would have been two 22 different formulations of fluids, right? 23 A. That is correct. 24 Q. Do you recall the Aroclors contained in 25 Pydrauls 312 and F-9? 25 WATER PCB-SD0000058607 1 A. As best as I can recall, the F-9 contained 2 Aroclor 1248 and the Pydraul 312 contained Aroclor 1242 3 and Aroclor 1248. 4 Q. I know that Monsanto's records do not reflect 5 that they had shipped Pydraul A-200, but I believe the 6 evidence in this case is that A-200 was used at 7 Russellville. Assuming that as true, do you know what 8 Aroclors were used in the Pydraul formulation A-200? 9 A. As best as I can recall, it's Aroclor 1242. 10 Q. All right. Do the Monsanto records reflect 11 that the Russellville plant used any Pydrauls other than 12 those we've already discussed? 13 A. We've discussed three of them, the F-9, the 14 312 and the A-200. 15 Q. And I guess I should say any PCB-containing 16 Pydraul fluids other than those? 17 A. I saw nothing that would indicate that other 18 PCBs were involved at that location. 19 - MR. DAVIDSON: I would like to clarify. I 20 think that he -- Bill testified at the beginning of your 21 questioning about this, that the records reflected -- that 22 Monsanto's records reflected sales of Pydraul F-9 and 23 Pydraul 312 to the Russellville plant, but not Pydraul 24 A-200 . 25 MR. GOEBEL: Right. 26 WATER PCB-SD0000058608 1 Q. (By Mr. Goebel) Other than those Pydrauls, 2 312 and F-9, it's my understanding that Monsanto's records 3 do not reflect that Russellville used any other fluids; is 4 that right? 5 A. That is correct. 6 Q. That is, PCB-containingfluids? 7 A. That is correct. 8 Q. So, none of the fluidsused at Russellville 9 would have contained Aroclors 1254 or 1260; is that right? 10 A. That is correct. 11 Q. After you became familiar with theSwedish 12 study and the results and the conclusions they had reached 13 there, did you send out a letter to Monsanto customers 14 about the presence of the Aroclors or the higher 15 chlorinated PCBs? 16 A. When you say you, you mean me personally or 17 Monsanto? 18 Q. Monsanto. 19 A. Monsanto. There was amailing inMarch of 20 1969 that referred to the Swedish studies along with some 21 other studies known at that time. A similar letter was 22 sent in early February of 1970. 23 Q. And I believe we have a copy of the February 24 9th, 1970 letter, and I'll ask the court reporter to 25 please mark it as Exhibit 1 and hand it to you and see if 27 WATER PCB-SD0000058609 1 that is the letter to which you just referred? 2 A. I have the exhibit and it is a copy of that 3 letter. 4 Q. In the second paragraph of that letter - 5 well, why don't you generally identify the letter? Tell 6 me generally what it is, what it purports to be. 7 A. It's a letter with Monsantoletterhead dated 8 February 9, 1970, authored by Donald A. Olson, director of 9 sales, functional fluids group. It's addressed to Dear 10 Sir and attached to that letter is a copy of an article 11 from the journal Chemical Week dated October 29, 1969. 12 Q. And it says that the letter was being written 13 in response to several newspaper and magazine articles 14 published about PCBs discovered in marine, aquatic and 15 wildlife environments; is that right? 16 A. It does. 17 Q. And in the second paragraph of that letter it 18 states that the PCBs found resembled the higher 19 chlorinated biphenyls, that is, the 54 percent and 60 20 percent chlorine by weight? 21 A. It does. 22 Q. And that would be, inMonsanto'stradenames, 23 the Aroclors 1254 and 1260; is that right? 24 A. That is correct. 25 Q. But you just told us that the Russellville 28 WATER PCB-SD0000058610 1 plant had not used any fluids that contained these higher 2 chlorinated PCBs, right? 3 A. Not to my knowledge. That is correct. 4 Q. Further down on page one of Exhibit 1 it 5 says, "We would like to point out the following additional 6 facts, number one, products such as" -- and then it lists 7 several different Pydrauls, which include 312 and F-9, 8 "are not formulated with Aroclor 1254 or 1260." That is a 9 true statement, isn't it? 10 A. That is correct. 11 Q. And then point number two at thebottom of 12 the page says that PCBs with chlorine content of less than 13 54 percent have not been found in the environment and 14 appear to present no potential problem to the environment? 15 Is that what it says? 16 A. It does. 17 Q. Was that statement true at the time that it 18 was made? 19 A. It was. 20 Q. All right. And PCBswith chlorinecontent of 21 less than 54 percent would have included the Pydrauls 312 22 and F-9; is that right? 23 A. That is correct. 24 Q. Let me show you Exhibit No. 2 which is a form 25 letter from Monsanto authored by a Mr. Schalk. Do you 29 WATER PCB-SD0000058611 1 have that? 2 A X do. 3 Q. Is that the other letter to which you 4 referred a moment ago? 5 A. No. This is a letter that was also sent out 6 in February of 1970 to customers of Monsanto's PCBs used 7 in various applications which Monsanto referred to as 8 plasticizer applications. This included paints and 9 coatings, sealants, caulking, adhesives, inks and so on. 10 Q. But the letter sent out in, I think you said, 11 March of '69, would that have been along the same lines as 12 Exhibits 1 and 2? 13 A. Yes, sir. 14 Q. All right. Exhibit 2 is very similar, is it 15 not, to the language in Exhibit 1 in that it refers to 16 several newspaper articles and magazines articles 17 published about PCBs and their discovery in some marine, 18 aquatic and wildlife environments? 19 A. That is correct. 20 Q. Then paragraph two of Exhibit 2 also 21 identifies PCBs found in the environment as being the 22 higher chlorinated biphenyls, that is, those containing 54 23 percent and 60 percent chlorine by weight; is that right? 24 A. That is correct. 25 Q. And again, in the -- at the bottom of Exhibit 30 WATER PCB-SD0000058612 1 2 it says that those PCBs with less than 54 percent have 2 not been found in the environment and appear to present no 3 potential problem to the environment; is that right? 4 A. That is correct. 5 Q. And that would include the Pydrauls used at 6 the Russellville facility? They contained less than 54 7 percent of chlorine by weight? 8 A. Yes, sir. 9 Q. Let's move on to Exhibit No. 3. It's a 10 letter dated January 31, 1972. Do you have that in front 11 of you? 12 A. I do. 13 Q. The subject of this letter is polychlorinated 14 terphenyls, and you have mentioned that term before. 15 Would you tell the jury what a polychlorinated terphenyl 16 is, please? 17 A. I'll try. Let me compare it to the PCBs. 18 PCBs have two phenyl groups, and by phenyl I'm talking 19 about the equivalent of the benzene ring, the hexagon 20 diagram used by the chemist to graphically show benzene. 21 The terphenyls have three of these benzene rings in their 22 makeup. Does that help, sir? 23 Q. Yes. At the time that you were in your 24 position as manager of environmental control, were you 25 aware of any studies conducted by Monsanto or anyone else 31 WATER PCB-SD0000058613 1 that indicated that PCBs were in the environment -- or 2 PCTs, I'm sorry, were in the environment? 3 A. I recall some samples taken by Monsanto 4 representatives and the analytical laboratory looking for 5 PCTs in those samples and none were found. 6 Q. When I say PCT, that's polychlorinated 7 terphenyls, right? 8 A. Terphenyls. That's correct. 9 Q. Are you aware of any studies that PCTs were 10 an environmental hazard? 11 A. I'm not aware of any such studies. 12 Q. Did anyone at Monsanto ever conclude that 13 PCBs were an environmental hazard? 14 A. Did you say PCTs? 15 Q. Pardon me. PCTs. 16 A. No. There was no evidence to support that 17 conclusion. 18 Q. I believe Monsanto's records reflect that 19 this Exhibit 3 was sent to the Russellville plant. Did 20 there come a time when the Pydraul fluids had been 21 switched over from a PCB fluid to a PCT fluid? 22 A. Some of them were switched over, yes, during 23 1971. 24 Q. Do you recall if Pydraul 312 and F-9 were 25 some of those fluids that were switched over to PCTs? 32 WATER PCB-SD0000058614 1 A. They were. 2 Q. And I'm sorry if you gave me the date. When 3 did that transfer of the new formulations come about? 4 A. I believe that occurred during '71. 5 Q. Do you know when specifically in 1971? 6 A. No. Not to the day or month. No, sir. I'd 7 have to look at the records to refresh my memory. 8 Q. All right. Would the PCT-containing Pydraul 9 fluids have ever contained an environmental warning label? 10 A. No. There was no basis for wording any kind 11 of warning. . 12 Q. Referring back to Exhibit No. 3, the letter 13 says in the first paragraph, "We have decided to stop 14 using polychlorinated terphenyls as a component in our 15 fluids. Our new fluids will contain no chlorinated 16 components." What is meant by the term "chlorinated 17 components?" 18 A. These are chemical ingredients that contain 19 chlorine as part of their makeup. 20 Q. That would include a lot of different things, 21 right? 22 A. Oh, yes. There are literally thousands of 23 chlorinated chemicals. 24 Q. It would include products other than just 25 PCBs; is that right? 33 WATER PCB-SD0000058615 1 A. It's possible. Yes. 2 Q. Chlorinated components can mean products 3 other than PCB-containing products? 4 A. Yes. 5 Q. This letter does not mention PCBs by name, 6 does it? 7 A. It does not. 8 Q. And it does not indicate which Pydraul fluids 9 would have contained polychlorinated terphenyls or which 10 ones would have contained PCBs; is that right? 11 A. No. The letter does not say so, but in 1972, 12 PCBs were no longer used in Pydraul fluids. 13 Q. And this letter does not contain any mention 14 of environmental problems associated with PCTs or PCBs; is 15 that right? 16 A. That is correct. 17 Q. Let's move on toExhibit No. 4. Mr. 18 Papageorge, this is a letter dated March 15, 1972, 19 correct? 20 A. It is. 21 Q. And it starts out by saying, "Confirming our 22 previous letters on Pydraul reformulations," and then it 23 says, "We will begin shipping the new Pydraul products 24 within 30 to 60 days." The last letter that I think that 25 we have is dated January 31, 1972, and that's the one we 34 WATER PCB-SD0000058616 1 just saw; is that right? 2 A. That is correct. 3 Q. And that discussed the reformulation with the 4 elimination of the PCTs from the fluids? 5 A. Yes. 6 Q. In the attachment it has a conversion from 7 the old product to the new product? 8 A. It does. 9 Q. Neither the letter nor the attachment mention 10 PCBs by name, do they? 11 A. It does not. 12 Q. It does not designate which formulas of 13 Pydraul would have contained PCBs, PCTs or any other 14 formulation, does it? 15 A. It does not. 16 Q. And again, this letter does notmention any 17 alleged environmental harms associated with PCBs; is that 18 right? 19 A. It does not. 20 Q. Let's move on to Exhibit No. 5 which is a 21 letter dated August 3rd, 1973. 22 MR. GOEBEL: I believe, Gerard, I didn't have 23 a complete copy here with me, but I believe he does. Can 24 you give us the Bates stamps of that exhibit? 25 MR. DAVIDSON: Yes. Exhibit 5 is Bates stamp 35 WATER PCB-SD0000058617 1 070 through 084, and it consists of a two page letter, a 2 one page attachment listing products, a two page letter on 3 Monsanto letterhead entitled Incineration Service For 4 Pvdraul Fluids, and the last item, 075 through 084, is a 5 copy of an article from the Federal Register dated July 6, 6 1973, Volume 38, Number 129, Part II, entitled 7 Polychlorinated Biphenyls, Contamination of Animal Feeds, 8 Foods, and Food Packaging Materials and Availability of 9 Supplement to Environmental Statement on Rulemaking. 10 MR. GOEBEL: All right. Thank you. 11 Q. (By Mr. Goebel) Mr. Papageorge, I'd like to 12 refer you to page one of Exhibit 5. 13 A. I have it. 14 Q. The first sentencesays, "InFebruary, 1971, 15 we announced the reformulation of our Pydraul industrial 16 fluids to eliminate the use of polychlorinated biphenyls, 17 PCBs, as components of these fluids. Since then, we have 18 reviewed our formulation and taken further steps to remove 19 all chlorinated compounds from our Pydraul fluids." Do 20 you see that? 21 A. I do. 22 Q. There's a -- there's adistinction there, is 23 there not, between the use of the words polychlorinated 24 biphenyls or PCBs and formulations that contain 25 chlorinated compounds; is there not? 36 WATER PCB-SD0000058618 1 A. Yes 2 Q. Those containing chlorinated compounds, would 3 that be the polychlorinated terphenyls that we've 4 discussed? 5 A. Yes. 6 Q. After this date, Monsanto went to a phosphate 7 ester formulation of Pydraul; is that right? 8 A. After which date, sir? 9 Q. Well, August 3rd, 1973. 10 A. No. It was prior to that that the use of 11 phosphate esters was introduced. 12 Q. About what date, approximately, would the 13 Pydrauls containing phosphate esters have been introduced? 14 A. Well, they wereintroduced asreflected in 15 the January, 1972 letter and fully implemented as 16 reflected in the March 15, 1972 letter. Exhibits 3 and 4. 17 Q. So, when those letters. Exhibits 3 and 4, 18 refer to the new formulations, those new formulations 19 would be the phosphate ester formulations? 20 A. Yes. 21 Q. The lastsentence of thethirdparagraph, it 22 says that there is a list attached identifying the Pydraul 23 fluids which contain chlorinated ingredients and those 24 which do not. Do you see that? 25 WATER PCB-SD0000058619 1 Q. Then Bates stamp number -- page number 72 is 2 that list; is it not? 3 A. It is. 4 Q. The list at the top refers to Pydraulfluids 5 which contain chlorinated ingredients, doesn't it? 6 A. Yes. 7 Q. And wealready know thatthat could be PCBs 8 or PCTs or many other different ingredients, right? 9 A. Well, for the Pydraul fluids, it's limited to 10 PCBs and PCTs. 11 Q. This letters does not designate which of the 12 Pydraul fluids contained PCBs and which ones contained 13 PCBs or PCTs, does it? 14 A. No. The letter doesn't do so. No. 15 Q. Just for our information today. which of the 16 designations -- can you tell which ones would have 17 contained PCBs and which ones would have contained the 18 terphenyls? 19 A. Yes. I can. For the Pydrauls which are part 20 of our discussion, F-9 and 312, you will note that listed 21 is a 312A and an F-9A. The "A" refers to the 22 polychlorinated terphenyl formulation. 23 Q. And the designation without any letter is the 24 PCB fluid? 25 A. Yes. The original formulation contained 38 WATER PCB-SD0000058620 1 PCBs 2 Q. As I indicated earlier, there are some 3 records which show that the Russellville plant may have 4 used A-200. There's a -- there are three designations of 5 A-200 on this list? 6 A. Yes. 7 Q. The A-200 would be the PCB fluid, correct? 8 A. Yes. 9 Q. And the A-200A would be PCT? 10 A. Yes. 11 Q. How about A-200R? What is that formulation? 12 A. It's also a PCT with different ratios of 13 ingredients. 14 Q. And then the fluids identified at the bottom 15 of that page which do not contain chlorinated ingredients, 16 those would be the phosphate ester fluids? 17 A. Yes, sir. 18 Q. They are designatedwith theletters "E" and 19 "C", correct? 20 A. Correct. 21 Q. I want to go back to our discussion about 22 some of the studies that would have been published in the 23 1970s, late '60s, 1970s, and you've told us about the 24 Swedish study. Are you aware of a study relating to the 25 peregrine falcon? 39 WATER PCB-SD0000058621 1 A. Yes. 2 Q. Would you explain what the preliminary 3 conclusions were about PCBs as it related to the peregrine 4 falcon? 5 MR. CUNNINGHAM: Let me object here on the 6 record. I don't recall anything from Mr. Papageorge's 7 background that made him any kind of a toxicologist or 8 biologist or anything, so with that objection noted, I'd 9 love to hear what he has to say. 10 MR. BOLZLE: I'll make the same objection. 11 A. There was a study conducted at Cornell 12 University, and the principal investigator was Dr. David 13 Peakall, P-e-a-k-a-1-1, and I recall reading his report in 14 which he found both DDT and PCB in peregrine falcons and 15 concluded that PCBs as well as DDT were both responsible 16 for the inability of the falcon to produce eggs that would 17 result in a proper reproduction of the falcon. 18 Q. (By Mr. Goebel) Did he make any later 19 conclusions about the cause of this phenomenon to the 20 peregrine falcon? 21 A. Yes. About a year or so later, it was 22 concluded, not only by Dr. Peakall but also the 23 laboratories of the Department of Interior in Patuxent, 24 Maryland, which is a wildlife laboratory, that the cause 25 for the inability of the falcon to reproduce was due 40 WATER PCB-SD0000058622 1 primarily to the presence -- was due to the presence of 2 DDT. 3 Q. And not FCBs? 4 A. Correct. 5 Q. Let me refer you back to Exhibits 1 and 2. 6 In the first sentences of those exhibits there is a 7 mention of marine, aquatic and wildlife environments? 8 A. I see that. 9 Q. Would that study related to the peregrine 10 falcon be one of those newspaper or magazine articles 11 referred to there? 12 A. Yes, and keep in mind, this is referring to 13 presence of the PCBs in the samples. 14 Q. Were there otherarticles innewspapers that 15 would have prompted the mailing of Exhibits 1 and 2? 16 A. Yes. I recall a publication out of the 17 University of California, Berkeley, Dr. Robert Risebrough, 18 R-i-s-e-b-r-o-u-g-h, in which he had alleged or suspected 19 that PCBs were responsible for the reproduction problems 20 of the brown pelican off the coast of Southwest 21 California. I also recall an incident that occurred in 22 the North Sea in which seals and birds in large numbers 23 were washed ashore and PCBs were found in their tissues 24 and PCBs were suspected of being the cause for the dead 25 birds and seals. 41 WATER PCB-SD0000058623 1 Q. Was there any conclusion later reached about 2 the brown pelican about what the cause of the problem was? 3 A. Yes. Dr. Risebrough, in subsequent 4 reporting, concluded that DDT was the cause for the 5 problems he observed, not PCBs. 6 Q. Not PCB? 7 A. Not PCBs. 8 Q. How about with respect to the North Sea seals 9 and birds? Was there a later conclusion? 10 A. Yes. The British goverment ministries 11 concluded that the results of that incident were due to 12 lack of proper food supply for these creatures and violent 13 storms that hit that area resulting in the death of birds 14 and seals, not PCBs. 15 Q. Are you familiar with the Yusho incident? 16 A. Yes. 17 Q. And would you explain what that is, please? 18 A. In Japan, in 1968, some oil which is derived 19 from rice bran was contaminated with PCBs that leaked from 20 the heat transfer system used to distill the oil. This 21 contaminated oil was sold for human consumption and the 22 consumers of that oil had various health problems, which 23 included nausea, tiredness, weakness, watery eyes. There 24 was some infants born which were dark colored, as I 25 remember, the pigmented babies. There was some confusion 42 WATER PCB-SD0000058624 1 initially as to what caused all of these symptoms. It was 2 initially concluded that the problems were caused by the 3 presence of FCBs in this rice bran oil. Further studies 4 from that time until 1975, when the conclusion was reached 5 that the cause for all the health symptoms were 6 chlorinated dibenzofurans that were present and not the 7 PCBs. 8 Q. All right. And the Swedish study, the study 9 on the peregrine falcon, the study on the brown pelican, 10 the study that you read with respect to the North Sea 11 seals and birds and the Yusho incident, all of those 12 things are studies you would have read in connection with 13 your responsibility as Monsanto's manager of environmental 14 control; is that right? 15 A. That is correct. 16 Q. You indicated earlier that Monsanto did its 17 own studies with respect to the environmental effects of 18 PCBs and the effects on humans. Based on Monsanto's 19 studies and the studies that you read in connection with 20 your job as manager of environmental control, are you 21 aware of any studies which conclude that PCBs have an 22 adverse effect on human health? 23 MR. BOLZLE: This is Greg Bolzle for Tim 24 Shook and Rich Montgomery. I'm going to object to the 25 question for the reason that it's irrelevant. 43 WATER PCB-SD0000058625 1 MR. CUNNINGHAM: And while you're typing that 2 down, if you'd indicate that Mr. Cunningham shares in that 3 objection. I think it's an irrelevant question in light 4 of what Congress has done, but that's okay. You can go 5 ahead and answer. 6 MR. GOEBEL: Wait a minute. It's irrelevant 7 to your claim, is that what you mean, that the hazards of 8 PCBs on human health is irrelevant? 9 MR. CUNNINGHAM: No. His opinion at to what 10 the hazards are is irrelevant because Congress has already 11 decided that as a matter of law, but we're happy to hear 12 what Mr. Papageorge thinks. 13 Q. (By Mr. Goebel) With all those objections, 14 Mr. Papageorge, if you can, answer the question. 15 A. There are reports that would indicate that 16 PCBs under conditions of misuse and mishandling and at 17 high levels of exposure, human beings can get enough of 18 the exposure to result in various health symptoms, the 19 type of symptoms varying with the length of exposure and 20 the amount of material to which they were exposed. 21 Q. Is the predominant symptom chloracne in those 22 who have high exposure? 23 A. I don't know that I can use the word 24 "predominant" clearly there. I would suggest that from my 25 experience and perspective, I would suggest that chloracne 44 WATER PCB-SD0000058626 1 is an intermediate warning symptom that exposure is 2 greater than it should be. 3 Q. Do you know if Monsanto made any conclusions 4 itself about the potential health effects of PCBs on 5 humans during the time you were there? 6 A. Certainly. 7 Q. And what were those conclusions? 8 A. If improperly used and if exposure occurs 9 either through breathing or through skin or ingestion, the 10 health of the human being so exposed would be affected. I 11 don't know how else to explain that, but the labels 12 cautioned against breathing and skin contact. 13 Q. And that would be by the person who would 14 handle the fluids, for instance, a person who might put 15 the hydraulic oil in a machine? 16 MR. BOLZLE: I'm going to object to the 17 question. This is Greg Bolzle again. I object to it as 18 to form in that it is leading. 19 A. That is one example of a type of a person 20 that might be involved with PCBs, yes. 21 Q. (By Mr. Goebel) Are you familiar with the 22 Kimbrough articles? 23 A. I'm familiar with several articles by Dr. 24 Kimbrough. 25 Q. Do you know what those conclusions or what 45 WATER PCB-SD0000058627 1 Dr. Kimbrough's conclusions were about the effects of PCBs 2 on humans? 3 A. Dr. Kimbrough, after many years of studying 4 PCBs and its effect on humans, as I recall, concluded that 5 she could find no cause and effect relationship between 6 PCBs and human beings. 7 Q. Going back, since there was an objection to 8 the form of the question on the kinds of people who might 9 come into contact with PCBs by inhalation and skin 10 contact, tell me, when you answered that question, 11 besides -- or what kinds of people were you referring to 12 who would come into contact with PCB-containing fluids? 13 A. Well, there are, of course, the individuals 14 involved with the manufacture of the PCBs, the blending of 15 these PCBs into mixtures that are sold as industrial 16 fluids, the individuals that might be involved during some 17 sort of accident during shipment, this would include all 18 kind, the truck driver or the railroad people or the 19 volunteer fire department, et cetera, the people who 20 received it at the customer's site and unloaded the 21 shipment, the individuals who use that material in the 22 manufacture of a product at the customer's site, again the 23 shipment of the customer's product to his customer, the 24 installation of that piece of equipment at the site of 25 use, the servicing of that equipment while it's in 46 WATER PCB-SD0000058628 1 service/ the removal and final disposal of that unit when 2 it no longer served its purpose. There are all types of 3 opportunities for exposure if done improperly. 4 Q. You were not referring to people who may have 5 come into contact with soil that would have contained a 6 level of PCBs? 7 A. Well, that's -- that's a result of a 8 mishandling of the material resulting in an unintended 9 exposure and unintended in that it was not intended to be 10 in that soil. So, yes, that could be a group of people 11 involved with clean up and disposal of such conditions 12 that might be exposed. 13 MR. GOEBEL: Let's take a break. Gerard, 14 would you see if that other fax has come in? 15 MR. DAVIDSON: Sure. 16 [Short break was taken.] 17 [Reporter marked Defendant's Exhibits 6 through 9.] 18 Q. (By Mr. Goebel) Mr. Papageorge, let me hand 19 you Exhibit No. 6 and ask you if you can identify those 20 documents? 21 A. Exhibit No. 6 is a collection of copies of 22 Monsanto Company labels for Pydraul F-9 and Pydraul 312. 23 There are examples of seven different labels in this 24 exhibit. 25 Q. Mr. Bistline in his deposition indicated that 47 WATER PCB-SD0000058629 1 these would have been the labels that would have appeared 2 on the Pydraul F-9 and Pydraul 312 formulas over the years 3 that they were manufactured by Monsanto. Do you know 4 anything differently than that? 5 A. I do not. 6 Q. The labels mention chlorinated hydrocarbons. 7 Is that similar to like a polychlorinated product in that 8 it contains a lot of different chlorinated products? 9 A. Chlorinated hydrocarbons refers to an 10 extremely large family of chemicals, which the 11 hydrocarbons refers to the presence of carbon and 12 hydrogen, and, of course, the word "chlorinated" refers to 13 the presence of chlorine, so that's a very broad family of 14 chemicals in industrial use. 15 Q. There's no mention in any of the labels in 16 Exhibit 6 of polychlorinated biphenyls by name, is there? 17 A. There is not. No. 18 Q. Let me hand you or show you Exhibit No. 7 19 and ask you if you are familiar with that document? 20 A. I am. 21 Q. Mr. Bistlineindicated that after, I think he 22 said. May of 1970, Monsanto began affixing an 23 environmental label to any PCB-containing fluid. Is that 24 a photocopy of that label? 25 A. It is. 48 WATER PCB-SD0000058630 1 Q. Is it my understanding that for all 2 PCB-containing fluids prior to May, 1970, no such 3 environmental label would have appeared? Is that right? 4 A. That is correct. 5 Q. And I assume that if there were distributors 6 of Pydraul or PCB-containing fluids that would have had a 7 surplus of PCB-containing fluids on hand when you began 8 putting the label on the fluids in May of 1970, that they 9 would have had to use up their supply without the label 10 after that date before they would have received shipments 11 with that label. Is that right? 12 A. No. They were sent labels to affix to the 13 containers prior to shipment. 14 Q. And you would have hadto rely on your 15 distributors to affix the label? 16 A. Yes, sir. 17 Q. And I think you already said that this kind 18 of label would not have appeared on the PCT-containing 19 fluids, right? 20 A. That is correct. 21 Q. Let me refer you to Exhibit No. 8. 22 A. I have it. 23 Q. Mr. Bistline described a rubberstamp that 24 was used to stamp invoices. Is this an imprint of that 25 rubber stamp? 49 WATER PCB-SD0000058631 1 A. It is. 2 Q. Do you recall when Monsanto began using the 3 rubber stamp? 4 A. As best I recall/ this stamp was used in the 5 latter part of 1970. I don't recall the specific date, 6 but it seems to me it happened in November or December of 7 1970. 8 Q. And then let me refer you to Exhibit 9 which 9 includes several invoices on Pydraul purchased by 10 Russellville from Monsanto. Is it not? 11 A. Yes. It is. 12 Q. And nowhere on those invoices does the 13 imprint depicted in Exhibit 8 -- let me start over. 14 Strike that last question. Nowhere on any of the invoices 15 in Exhibit 9 does the imprint of the label depicted in 16 Exhibit 8 appear; is that true? 17 A. That's true. 18 Q. And I believe from Mr. Bistline's deposition 19 he indicated that the imprint depicted in Exhibit 8 would 20 have been stamped on the customer's copy -- 21 A. That is correct. 22 Q. -- of the invoice? 23 A. That is correct. 24 Q. So, Monsanto would have to rely on its 25 shipping clerk to stamp each invoice, correct? 50 WATER PCB-SD0000058632 1 A. Well, more correctly, it would be the billing 2 clerk as distinguished from a shipping clerk. 3 Q. Okay. And according to -- well, in the 4 records that we have received from Monsanto, I don't 5 believe there is any invoice that we have received that 6 contains this imprint depicted in Exhibit 8. Are you 7 aware of any? 8 MR. BOLZLE: I'm going to object to the form 9 of the question. This is Greg Bolzle for Tim Shook and 10 Rich Montgomery. 11 MR. GOEBEL: On the basis that it's leading? 12 MR. BOLZLE: Yeah, and argumentative. 13 Q. (By Mr. Goebel) Let me ask it this way. Are 14 you aware of any Monsanto records regarding theshipment 15 of Pydraul which contain the label depicted in Exhibit 8? 16 A. I am not. 17 Q. Let us take just a second here. I may be 18 finished. That's all for now. I don't know who's going 19 to go first here. 20 CROSS-EXAMINATION 21 QUESTIONS BY MR. CUNNINGHAM: 22 Q. Mr. Papageorge,my name is Charles 23 Cunningham. I'll go first here on behalf of the 24 plaintiffs in the various actions that this deposition is 25 being taken for. I'll try to follow the same order that 51 WATER PCB-SD0000058633 1 Mr. Goebel did, starting back at the beginning and coming 2 through and hitting a few things, questions that I had 3 based upon your direct testimony, and then I may have a 4 few things of my own that I may want to inquire about. I 5 notice you said you got your bachelor's degree in 1943? 6 A. That's correct. 7 Q. I just got my alumni magazine from our 8 engineering school here and they did an article on the 9 1943 grads about how they basically all went off to war 10 after they graduated. Did you do any military service? 11 A. I did. 12 Q. Where did you serve? 13 A. Oh, eventually, in the Pacific area. 14 Q. Which particular -- 15 A. Philippines and Japan. 16 Q. What particular sort of assignment did you 17 have? 18 A. I was in the army. I started out in the 19 antiaircraft field, artillery, and went through infantry 20 and ended up finally in the Corps of Engineers. 21 Q. Okay. You didn't have any real 22 responsibilities that would have been involved in handling 23 any sort of chemicals or anything like that then, it 24 doesn't sound like? 25 A. Oh, I had an assignment in Japan that 52 WATER PCB-SD0000058634 1 bordered on that. I had the assignment of searching a 2 prefecture in Japan for supplies of chemical warfare 3 materials and equipment. I don't know if that helps you 4 at all. 5 Q. I was just trying to get an idea of your 6 total background as far as your experience in the area of 7 chemicals and chemical engineering and so forth. 8 A. Uh-huh. 9 Q. I thought that perhaps you might have had 10 some duty in the military based on that article I just 11 read about the '43 engineering grads. You mentioned when 12 you worked with Phillips Petroleum you had worked with 13 some drilling fluids. Is that what a lot of people in the 14 industry call drilling mud? 15 A. Yes, sir. 16 Q. Let me ask you for amoment here about your 17 experience down there in Anniston, Alabama. What part of 18 Alabama is that in? 19 A. Oh, it's in the middle of the state, about an 20 hour east of Birmingham and two hours west of Atlanta. 21 Q. Is that on any particular stream? 22 A. Oh, the Cousa River runs -23 Q. Which river? 24 A. Cousa, C-o-u-s-a,runs inthatgeneral 25 vicinity, and there are some man-made lakes there. 53 WATER PCB-SD0000058635 1 Q. Okay. It's my experience that most chemical 2 plants require a fair amount of water either for process 3 water or feed stock. What was your source of water there 4 at that particular plant? 5 A. It's the Anniston municipal water system. 6 Q. Are you aware of any sort of environmental 7 PCB contamination that has emanated from that plant? It 8 seemed like, for as many years as that plant operated, I 9 guess for a while without anyone thinking there was a 10 problem with this particular chemical, there might well be 11 some environmental contamination. Are you aware of any? 12 A. I recall some samples made of soil from a 13 nearby natural draining -- drainage ditch which was 14 referred to as Snow Creek that ran by the plant property 15 and PCBs were found in those samples. 16 Q. Do you have any idea of how many linear yards 17 or miles of stream or ditch line were contaminated? 18 A. I don't recall the number any longer. 19 Q. Well, let me see if I can put it this way. 20 Do you recall it as probably being less than a mile or 21 more than a mile? 22 A. As best I can recall, it was about a mile. 23 It wasn't much more than a mile. 24 Q. Okay. And do you know when they first 25 started to manufacture PCB compounds at that particular 54 WATER PCB-SD0000058636 1 chemical plant? 2 A. I understand the Swan Company started in 3 1929. 4 Q. And the production of those type of compounds 5 ceased in the early '70s? 6 A. At that plant, yes, sir. 7 Q. All right. So, we've got 40 some odd years 8 of manufacturing. When was that sampling done there at 9 Snow Creek; do you recall? Was it before or after '71 or 10 '72? 11 A. About that time really, about '71. 12 Q. All right. Now, you were asked on direct 13 whether or not there were any other compounds that could 14 do the job of the PCBs, and my recollection of your answer 15 was that they did it best. You weren't aware of anything 16 that did it as well; is that correct? 17 A. That is correct. 18 Q. I had seen some literature from Monsanto that 19 led me to conclude that your all's new formulations from 20 the '70s, I guess these phosphate esters, would give you 21 just as good of performance. Are you not really of that 22 opinion? Not to be obtuse, I'm looking specifically at a 23 letter dated April 15, 1971 from a C. Larry Bradford, 24 product manager, hydraulics and lubricants. It's 25 addressed, "Dear Sir: I have currently went through most 55 WATER PCB-SD0000058637 1 of your PCB or, rather, Pydraul customers," and he says in 2 there at the end, at the last sentence, "The reformulated 3 products you are now using will give you equal or better 4 performance than you previously had, and with no PCBs." 5 And I guess what I'm asking is whether or not you concur 6 with that statement that Mr. Bradford made? 7 A. I concur with Mr. Bradford's statement made 8 in 1971, -9 Q. Okay. 10 A. -- but my prior remarks relating to the 11 available alternatives for PCBs in the '50s and '60s and 12 so on, there were no known alternatives. The phosphate 13 esters which were finally developed for use by Monsanto 14 were new chemicals introduced into commerce. 15 Q. Monsanto created, as I understand it again 16 from these letters, specifically with the mind as a 17 replacement for the PCB compound; is that correct? 18 A. That is correct. 19 Q. And I want to say page 107, which was one of 20 our exhibits. Exhibit 4, specifically indicated that these 21 new compounds -- that the pricing is competitive with the 22 present Pydraul line. Was that your recollection as well? 23 From an economic standpoint, phosphate esters were 24 competitive with the cost of the Pydrauls? 25 A. Yes, but what -- I've lost track of the 56 WATER PCB-SD0000058638 1 timing here. What year are you referring to now? 2 Q. Exhibit 4 is a letter from 1972. 3 A. Oh. 4 Q. Do you have Exhibit 4 handy? 5 A. I have it. 6 Q. It's the last sentence of the second 7 paragraph. 8 A. Yes. 9 Q. Okay. 10 A. That does refer to the phosphate ester 11 fluids. 12 Q. Right. 13 A. The reason I was confused, Mr.Bradford's 14 letter that we referred to earlier, -15 Q. Yes, sir. 16 A. -- that was referring to really chlorinated 17 hydrocarbons in the form of PCTs being used in the earlier 18 reformulations. 19 Q. Okay. I thought you had ceased using even 20 those by 1973? 21 A. That's true, but you hadreferred to Mr. 22 Bradford's letter and the reference to equal or better 23 performance. That is comparing one chlorinated 24 hydrocarbon with another as compared to comparing a 25 chlorinated hydrocarbon like a PCB with a phosphate ester. 57 WATER PCB-SD0000058639 1 That's a different kind of comparison. 2 Q. All right. Well, then, let me ask you to 3 make that comparison between the performance of a 4 polychlorinated biphenyl compound hydraulic fluid versus a 5 phosphate ester compound hydraulic fluid. 6 A. Well, eventually, it's my understanding, and 7 keep in mind I'm no expert, but the phosphate ester 8 developed by Monsanto and the production unit built and 9 designed to produce it was, for all practical purposes, 10 comparable in the type of properties that used to be 11 achieved with PCB and PCT mixtures. 12 Q. Okay. And I understand. That's a fair 13 response. And in fact, it kind of leads me to my next 14 question, which was going to be that -- I'm assuming, 15 while you're very familiar with or at least somewhat 16 familiar with most of the products that Monsanto may have 17 sold and marketed and manufactured over the years for 18 hydraulic fluids, that you may not be as knowledgeable 19 about the particular fire retardant, fire resistant 20 hydraulic fluids for industrial uses that Monsanto's 21 competitors may have been marketing in the '50s and '60s 22 and '70s. Is that a fair statement? 23 A. It is. 24 Q. Okay. I would like to talk to you now a 25 little bit about your waste water control system down 58 WATER PCB-SD0000058640 1 there in Anniston that you described for us. 2 A. Yes, sir. 3 Q. I understand you used dual lagoons with clay 4 liners, and was it crushed limestone that you were using 5 for neutralization? 6 A. Yes, sir. 7 Q. Okay. And then you would drum the sediment 8 that would result in the aggregate and dispose of that in 9 situ there at the facility? Do you know if they had any 10 sort of a situation subsequent where the state of Alabama 11 or federal EPA has come back to monitor that landfilling 12 facility? 13 MR. GOEBEL: Objection. Irrelevant. 14 A. I know that the regulatory representatives 15 from the state have visited the plant and made an 16 investigation. I don't know the degree of monitoring that 17 you might have in mind. They were satisfied with the - 18 with what they saw, and that's where it now stands, to the 19 best of my knowledge. 20 Q. (By Mr. Cunningham) I guess I'm curious as 21 to why you would have bothered putting that stuff out in 22 the lagoon, why you wouldn't just let it get out into a 23 drainage ditch and go on out to the creek or whatever. 24 Was it your perspective that good engineering practices in 25 the '60s would have mandated that a waste stream that 59 WATER PCB-SD0000058641 1 potentially would have contained PCBs should have been 2 segregated in the manner that you have described that you 3 all did in that facility, at a minimum? 4 A. At a minimum, it is just not prudent to 5 discharge knowingly any kind of industrial chemical, 6 whether it be PCBs or any other material, and the sediment 7 that collected in that pond was just the type of thing 8 that you wouldn't want to discharge out into the 9 environment. It just wasn't a practice that was 10 considered to be responsible. That's all. 11 Q. It's from the nuisance aspects and esthetic 12 aspects of discharging something like that that you just 13 wouldn't do it, right? 14 A. That's part of it. 15 Q. Okay. Mr. Papageorge, you put a qualifier in 16 there about not -- you wouldn't want to discharge any 17 industrial waste stream like that into the environment 18 knowingly. I want you to assume for the purposes of my 19 next question that -- I think you can look at the last 20 exhibit we had entered which would show what Rockwell's 21 consumption of Pydraul was for -- I want to say these 22 invoices cover from like the '71 through '72 years. I 23 think if you look there, you will see that they were 24 consuming Pydraul in fairly significant quantities. 25 Sometimes it looks like ten 55-gallon drums -- 54-gallon 60 WATER PCB-SD0000058642 1 drums on a monthly or every other monthly basis. Based 2 upon your understanding of how PCB holds up in an 3 industrial setting as a hydraulic fluid, can't we safely 4 assume that that Pydraul had to be -- it wasn't breaking 5 down; isn't that correct? Pydraul does not necessarily 6 break down as a hydraulic fluid and decompose? 7 MR. GOEBEL: Let me object to the form. This 8 is Tony Goebel. 9 Q. (By Mr. Cunningham) The reason you'd have to 10 buy more Pydraul is because either its leaked out and 11 gotten into your facility somewhere or you're adding 12 capacity? It's not because the Pydraul has broken down 13 and decomposed, correct? 14 MR. GOEBEL: Again, object to the form of the 15 question. 16 A. My reason for hesitating is, I find that I 17 need a lot more information regarding what goes on at the 18 site. I'd be speculating as to whether the material is 19 damaged because of a misuse, or if it isn't kept in the 20 system, where does it really end up? It might be very 21 responsibly handled somehow. I'd be guessing, totally 22 guessing. 23 Q. (By Mr. Cunningham) Let me put it this way. 24 If you were plant manager of a facility that was using 25 this much Pydraul, would you want to know where it was 61 WATER PCB-SD0000058643 1 going, where it was ending up? 2 A. If I were the plant manager? I probably 3 would know. 4 Q. Okay. Sir, can you tell me what the specific 5 gravity of Pydraul is? I assume it varies from one 6 Pydraul to another, but as a general statement, is Pydraul 7 typically more than 1.0 or less than 1.0? To be less than 8 2, my understanding is that that would mean heavier than 9 water or lighter than water? 10 A. I would suggest that it's heavier than water. 11 Just the labels themselves would give you a good reading 12 on that. You'll note on Exhibit 6, 141, a 55-gallon drum 13 weighs 590 pounds. That makes it more than the 8. so 14 pounds per gallon that water is, which would be a specific 15 gravity of 1. 16 Q. Okay. And just to get a few other bits of 17 information about PCBs from a guy who used to manufacture 18 them, I understand that they are -- persist in the 19 environment? In this sense, for instance, there's a lot 20 of hydrocarbons that may be found in various pesticides 21 that are specifically formulated not to be persistent with 22 the idea that they will get in, do their job and then 23 degrade into less toxic substances. Am I correct in my 24 understanding that PCBs were not a substance which was 25 expected to degrade and that in reality held up, for lack 62 WATER PCB-SD0000058644 1 of a better word, rather well in the normal environment? 2 A. That was the perception of the material. 3 Yes, sir. 4 Q. Okay. And the main difference between a - 5 you told us, between an Aroclor 1248 and Aroclor 1260 was 6 that there was a greater degree of chlorination of the 7 biphenyl ring with a 1260 compound than with a 1248? 8 A. Yes. 9 Q. And am I correct in understanding that as a 10 practical matter, the real world significance of that 11 difference was that you -- primarily the degree of 12 viscosity? 13 A. Oh, that's one measure. The higher the 14 chlorination level, the more viscous the material. The 15 higher the chlorination level, the more fire resistant the 16 material. So, there are other properties associated with 17 the presence of more chlorine. 18 Q. Okay. And another property of PCBs, as I 19 understand it, is that they are -- I think the word is 20 lipophilic, but, in essence, it's attracted and tends to 21 get bound up in soil, sediments, sludges; is that correct? 22 A. Oh, your use of the expression lipophilic, I 23 don't associate that with soils and sediment. 24 Q. Okay. Well, -- 25 A. I'm confused - 63 WATER PCB-SD0000058645 1 Q. -- that's probably because I don't know. 2 A. -- with your question. 3 Q. You tell me. Is it hydrophobic? It doesn't 4 particularly dissolve in water very well; is that correct? 5 A. That is correct. 6 Q. Indeed, what is considered to be a saturation 7 level for water, PCB? 8 A. Depending on the level of chlorination, the 9 lower chlorinated being a little more soluble, as I 10 recall, at ambient, average kinds of temperatures, the 11 solubility is about 200 parts per billion with a "B". 12 Q. I had heard of stuff actually lower by order 13 of magnitude than that. 14 A. Yeah. There are some of the higher ones that 15 are down in the 10 and 50 parts per billion level. 16 Q. Okay. Do you have any idea what Aroclor 17 1248 -- where -- the range that falls? 18 A. I would suggest 48 is more like the hundred 19 part per billion. 20 Q. Okay. You had testified earlier that you -- 21 your recollection was that F-9 -- Pydraul F-9 contained 22 primarily 1248 Aroclor? The 312, you thought, also 23 contained 1248, but also 1242, and that A-200 contained 24 1242, but I wasn't convinced that you were positive on 25 that. How sure are you that Aroclor -- that Pydraul 312 64 WATER PCB-SD0000058646 1 contained Aroclor 1242? 2 A. Well, my memory isn't crystal clear after all 3 these years, but I'd have to -4 Q. Let me put it a different way. If we wanted 5 to be sure, is there some sort of documentation that one 6 could resort to that would give us a better answer on 7 that, a definitive answer? 8 A. Yes. I would attempt to find some records 9 which would reflect the -- let me call it the recipe of 10 what went into this blend. 11 Q. Okay. Well, cooking is kind of a hobby of 12 mine, and I kind of enjoy reading recipes, so maybe we 13 could make a request of you, at your leisure, this isn't 14 an urgent thing, but if you could find the recipe for F-9 15 and 312, we'd love to see it. I presume you don't have a 16 proprietary concern over it anymore since you're not 17 allowed to market it in the U.S., or do you still sell it 18 overseas? Do you have some concern about controlling the 19 release of that recipe? Maybe I should direct that to 20 your attorney. 21 A. Oh, I'd have to -- yeah. The -- 22 MR. DAVIDSON: Mr. Papageorge doesn't have 23 any records. The request would have to be made to 24 Monsanto, probably to Mr. Bistline, or I can convey it. 25 We don't have any problem with describing it. If you want 65 WATER PCB-SD0000058647 1 me on the record about it, I can tell you that the 2 Aroclor -- the Pydraul 312 component -- PCB component was 3 Aroclor 1242 and the A-200 components were Aroclor 1242 4 and 1248. Bill just had those two reversed in his earlier 5 testimony. 6 Q. (By Mr. Cunningham) Let me talk to you a 7 moment here, Mr. Papageorge, about the purity on this 8 stuff. How much of -- on a weight percent, how much of a 9 Pydraul, say, F-9 would have been an Aroclor or a PCB 10 compound versus some other sort of substance? 11 A. Oh, I don't remember the proportions at all. 12 Again, I'd have to look up the recipe to determine that. 13 Q. Well, let me inquire again, in the broadest 14 range to feel comfortable, are we taking about a substance 15 that is at least half polychlorinated biphenyls or 16 something less than half, or do you even feel comfortable 17 trying that? 18 A. I -- there were so many Pydraul mixtures and 19 variations within each type of Pydraul that I am, at this 20 point, unable to recall which is which. 21 Q. All right. Then, could you tell me just real 22 quick some of the other things I might find in some of the 23 Pydrauls aside from PCBs, and you've already described 24 PCTs? Other than those, what else might we expect to find 25 in a recipe? 66 WATER PCB-SD0000058648 1 A. You might find some mineral oil. You might 2 find -- well, we mentioned the phosphate esters. 3 Q. Now, were they around in the '60s? 4 A. What? The phosphate esters? 5 Q. Right. I'm sorry. I perhaps was not very 6 artful in my question. I'm looking primarily at the 7 formulation of the Pydrauls in the late '50s and 8 throughout the 1960s. 9 A. There were some phosphate esters available. 10 Q. Okay. And the mineral oil which you 11 mentioned. Anything else that immediately comes to mind 12 as a component of these things? 13 A. Not of significance. No. There's the usual 14 color additives and -- but nothing of significance. 15 Q. What color was Pydraul? Was there a 16 particular color or did that vary? 17 A. That varied with time. I recall sort of a 18 reddish-purplish color. I just -- it changed with time. 19 Q. Okay. I'm curious to know about the possible 20 contamination components. I assume that any time you're 21 making a chemical compound, the chemical reaction that 22 leads to that is not necessarily 100 percent efficient and 23 that you may have in your finished material certain minute 24 quantities of contaminants or unreactive feed stock or 25 what have you. Do you have any feel for what sort of 67 WATER PCB-SD0000058649 1 purity you were able to attain with these Pydrauls? 2 A. I have no idea. 3 Q. When we talk about -- I guess the analogy I 4 want to try and take you to is petroleum products because 5 that's what I'm more familiar with. When you put 6 petroleum through a cracker and you start taking off your 7 fractions at different levels, there's a little crossover, 8 in other words, you might get at one particular level 9 primarily, you know, like at the bottom asphalt, but you 10 still have some of your lighter fractions in there. Was 11 the same thing true when you were making these PCB 12 compounds? You could draw it off, looking for 1248, and 13 get predominantly 1248, but would you at the same time get 14 some 1242 in there, some 1254, or was it a pretty -- a 15 process that led to a pretty pure fraction? 16 A. Well, keep in mind that the fraction 17 collected and sold as a product in itself was a mixture of 18 the 1, 2, 3, 4, 5 chlorobiphenyls. 19 Q. Okay. 20 A. The distillation was conducted under certain 21 pressures and temperatures. The resulting product, 22 although identified as, say, a 1242 indicating a 42 23 percent by weight chlorine, might vary a couple percent. 24 It might be 1240 to 1243 range. Within that mixture there 25 could be varying amounts of the 5 chloro, the 4 chloro, 68 WATER PCB-SD0000058650 1 the 3 chloro and so on PCBs. It is not a distinct, pure 2 chemical entity that is sold. 3 Q. Okay. And that was my understanding, and I 4 appreciate you clarifying that for me. Then what you 5 would do, I think, is you'd take your end product and put 6 it in a gas chromatograph or a mass gasometer and it would 7 come off with a reading based upon the average degree of 8 chlorination, and that's how you'd label it, right, a 9 little bit of all these different things, but - 10 A. It depends. At what period of time are we 11 talking about now? Does that matter? You mentioned gas 12 chromatography and all. That developed in the late '60s 13 and '70s, and the graph that is generated by the 14 instrument and is commonly referred to as the fingerprint 15 where the peaks and valleys represent the different levels 16 of chlorination, they would vary from batch to batch of 17 material, but not significantly. 18 Q. But the bottom line is that when you get a 19 fingerprint for an Aroclor now a days from a gas 20 chromatograph, to some extent, you're getting kind of an 21 average of the PCB molecules that you're burning off, 22 right? 23 A. Average, or you might want to use the word 24 typical. 25 Q. Okay. That's fair. 69 WATER PCB-SD0000058651 1 A. This fingerprint is typical of 1242 or of 2 1254. It is -- no two are exactly alike. 3 Q. Right. And in reality, you're going to have 4 some molecules from several different biphenyl rings, but 5 that's -- the fingerprint will be typical of that compound 6 which has that particular number showing up most often, 7 that degree of chlorination showing up most often? 8 A. Yes. 9 Q. Okay. I'd like you to take a look at Exhibit 10 2 for just a second, please, and specifically the page 11 labeled Rockwell 00054. 12 A. I have it. 13 Q. That appears to me to be analphabetical 14 listing of summary of water quality standards for all 50 15 states, and about two-thirds of the way down there there's 16 a summary of requirements for water quality in Kentucky. 17 Do you see that? 18 A. I see that. Yes. 19 Q. Can you read for me under other remarks or 20 other requirements what they say for Kentucky? My copy is 21 pretty lousy, but I'm hoping yours might be better. 22 A. I don't know if it's my copy or my eyes. 23 You're asking under other requirements? 24 Q. Correct. 25 A. I'll try to read it. Color, taste and 70 WATER PCB-SD0000058652 1 odors 2 Q. Wastes maybe? 3 A. -- wastes must not create a nuisance. 4 Q. Okay. 5 A. I can't read the next word. Something about 6 dissolved solids must not exceed 1,000 milligrams per 7 liter. Monthly average, 7 -- I can't tell if those are 8 zeroes or not -- I'm going to call it 700 milligrams per 9 liter. No floating waste in unsightly or -- 10 Q. Would that be deleterious? 11 A. -- or deleterious amounts. No other wastes 12 that settle to form putrescent or objectionable sludges. 13 I can't read the next word. Wait a minute. No. I can't 14 read the next two words. 15 Q. Okay. 16 A. No waste in -- I can't read the other word - 17 or combinations harmful to humans, animal, plant or -- 18 Q. Aquatic? 19 A. -- aquatic life. 20 Q. Thank you. Let me take you next to your 21 discussion of the Yusho event in Japan in the late '60s. 22 My recollection of your testimony was that your 23 understanding of the medical literature was that 24 eventually the adverse human health effects that were 25 detected in that particular exposed population was 71 WATER PCB-SD0000058653 1 attributed to dibenzofurans as opposed to PCBs. Is that 2 correct? 3 A. Yeah. The chlorinated dibenzofurans. 4 Q. Okay. Do you know where those came from? 5 A. What came from? 6 Q. The chlorinated dibenzofurans. For the court 7 reporter's benefit, can we maybe just shorten that up to 8 CDBFs or something? 9 A. I have no -- no information that would help 10 me determine exactly where those materials came from. 11 Q. Aren't furans a known contaminant in PCB 12 compounds? 13 A. Yes. 14 Q. In fact, in mostchlorinatedhydrocarbons 15 there's a potential for the production of minute 16 quantities of that particular contaminant? 17 A. Not -- when you saychlorinated hydrocarbons, 18 I have to say that that's not correct. 19 Q. Okay. Well, I don't care much about the rest 20 of it anyway. The bottom line is, there is technical data 21 that has indicated that dibenzofurans -- chlorinated 22 dibenzofurans occasionally occur as a byproduct or a 23 contaminant or a decomposition product in PCB compounds, 24 correct? 25 A. That is correct. 72 WATER PCB-SD0000058654 1 Q. So, even if there was a different particular 2 chemical that caused these particular adverse health 3 effects, if that particular chemical happened to be a 4 contaminant or waste product or decomposition product of 5 the PCBs, in a sense, these folks' illnesses were still 6 attributable to the PCB contamination or the contamination 7 of that fluid? 8 MR. GOEBEL: I'm going to object to the form 9 of the question. This is Tony Goebel. 10 A. You've made a big jump into a conclusion. 11 Let me suggest that -- keep in mind that the PCB involved 12 at the Yusho incident was, first of all, a Japanese 13 company, not the one that's associated with Monsanto. 14 We -- at least I don't know all the conditions that 15 existed during the incident and what created the presence 16 of the dibenzofurans in that Japanese PCB, whether it was 17 present originally in the material or whether it occurred 18 because of the leak and the exposure to the high 19 temperature, the air and the oil. 20 Q. (By Mr. Cunningham) Okay. That's fair. 21 A. There are a lot of new factors introduced in 22 that particular incident. 23 Q. Okay. You had a fair degree of discussion 24 with Mr. Goebel about human health effects. Are you of 25 the opinion that PCB compounds have any deleterious 73 WATER PCB-SD0000058655 1 effects on plant or animal life? 2 A. I have no information at all that tells me 3 that PCBs are harmful to plant life. There are some 4 studies that demonstrate that PCBs do affect some 5 creatures in nature. The one that comes to mind is the 6 study made in Florida relating to young shrimp that were 7 sensitive to very low concentrations of PCBs. We do know, 8 too, that PCBs have demonstrated that they do affect the 9 egg laying and reproduction of chickens. I, at the 10 moment, can't recall any other study that demonstrates a 11 harmful effect of PCBs to wildlife or domestic life even. 12 Q. Okay. Have you, in your job there with 13 Monsanto, been charged with the task of doing any sort of 14 environmental auditing or what is sometimes referred to as 15 due diligence with respect to either the sale of 16 properties by Monsanto that may have been contaminated in 17 the past with PCBs or the purchase by Monsanto of 18 facilities that may have in the past been so contaminated? 19 A. I have never been involved with that type of 20 situation and I don't know of any Monsanto involvement 21 with -- with that kind of situation. 22 Q. Taking it from the perspective of property 23 Monsanto already owns, you're not aware of there being a 24 problem at any of their facilities with soil contamination 25 with PCBs? 74 WATER PCB-SD0000058656 1 A. I am not. 2 Q. Do you know how extensively PCB may have been 3 utilized in Monsanto industrial processes in the '60s and 4 '50s based upon your experience with them and even running 5 the plant there for a while? 6 A. I don't know how to define extensively. 7 Monsanto, of course, used PCBs in its electrical 8 equipment, in its heat transfer equipment, its hydraulic 9 systems. 10 Q. I would assume it would, in fact, be the 11 hydraulic fluid and the dielectric fluid of choice for 12 Monsanto; would it not? 13 A. It depends on the application. 14 Q. Okay. Well, they weren't going to be buying 15 a competitor's product? Let me put it that way. 16 A. Well, economics comes to play here, also. 17 Q. Okay. 18 A. If a mineral oil in a transformer will do the 19 job, that's what they would buy. 20 Q. Well, sure, if you didn't need these special 21 characteristics of a Pydraul, it made it worthwhile to 22 spend the extra money on the fire retardant aspects of it, 23 but when you did need that kind of special characteristic, 24 that's what they would use, no doubt, right? 25 A. All things beingequal, yes, they would 75 WATER PCB-SD0000058657 1 prefer the Monsanto product. 2 Q. And I can't pronounce the name of the place 3 up there. Sauget? 4 A. Sauget. 5 Q. Sauget, Illinois. They made some PCB up 6 there. Are you aware of any sort of contamination problem 7 they now face in Illinois by that plant as a result of use 8 or misuse of those fluids? 9 A. I am not. 10 Q. And how many years were they actually 11 manufacturing the stuff there at that particular facility? 12 A. From 1935 or 6 or somewhere in there to 1977. 13 Q. You were there at that plant for a while. Do 14 you know what their process was for treating potentially 15 contaminated -- or maybe that's too strong a word -- waste 16 water streams that may have had contact and even contained 17 PCB solutions and fluids at that plant? 18 A. All the waste water from that plant went to 19 the Sauget Village municipal treatment plant. 20 Q. Okay. And do you know if that particular 21 facility had specialized treatment mechanisms for 22 treatment of industrial waste fluids? 23 A. Yes. I would -- I suspect that the word 24 specialized might fit. They were handling industrial 25 wastes from the entire community. The water that was 76 WATER PCB-SD0000058658 1 eventually released from that plant had to meet the 2 appropriate regulatory specifications. The wastes were 3 carried to an approved landfill. 4 Q. You're not aware of any problems that that 5 municipality has had subsequently wherein it has been 6 revealed that there's been some sort of downstream 7 contamination from the operation of that waste water 8 treatment facility; is that correct? 9 A. That is correct. 10 Q. Thank you, sir. I appreciate your time. Mr. 11 Bolzle may have a few questions. 12 CROSS-EXAMINATION 13 QUESTIONS BY MR. BOLZLE: 14 Q. Mr. Papageorge, my name is Greg Bolzle. I'm 15 representing Tim Shook and Rich Montgomery. I will try 16 not to be repetitive. If there are long silences, it's 17 simply because I'm looking at my notes and trying to avoid 18 asking you questions you've already been asked. 19 A. I understand. 20 Q. Mr. Papageorge, let me begin by talking to 21 you about tests. We've talked about a number of tests in 22 your deposition, the Swedish test, we talked about 23 peregrine falcon tests, brown falcon tests, dead birds and 24 seals tests. What I wanted to ask you is, as I understand 25 it, Monsanto did its own tests as to the potential hazards 77 WATER PCB-SD0000058659 1 of PCBs; is that correct? 2 A. Yes. We did. 3 Q. And it was Monsanto'sconclusion that PCBs 4 could be hazardous to human health depending upon the 5 length and degree of exposure; is that correct? 6 A. Yes. 7 Q. And that that couldinclude peopleexposed to 8 soil contaminated with PCBs as a result of mishandling 9 depending again on length and duration of exposure; is 10 that right, sir? 11 A. Well, yes, but when I think of the word 12 exposure, I'm talking now about the amount of PCB that 13 enters the lungs through breathing, the vapors, or the 14 amount of PCB that's on a person's skin to be absorbed by 15 that skin and the amount of PCBs that might be in any food 16 that's ingested, so just having PCBs in soil, that is 17 another consideration as to how did that soil get on the 18 skin, how did that soil get into the lungs, how did that 19 soil get into the digestive system. 20 Q. Certainly. To make it simple, you wouldn't 21 want your children drinking water that was contaminated 22 with PCBs, would you, sir? 23 MR. DAVIDSON: I'm going to object and 24 instruct him not to answer that one. 25 MR. GOEBEL: Yeah. I join in that objection. 78 WATER PCB-SD0000058660 1 This is Tony Goebel. 2 Q. (By Mr. Bolzle) Now, Mr. Papageorge, you 3 testified that back in the '508, and I want to be certain 4 my facts are clear on this, back in the '50s, you were 5 working at the J.F. Queeny Plant; is that correct? 6 A. That is correct. 7 Q. And that at that plant you were one of five 8 or six general superintendents and that you became -- you 9 first became familiar with PCBs in 1956 while working as a 10 plant maintenance -- in the plant maintenance and 11 construction department; is that correct? 12 A. Well, some of it is correct, but you're 13 reference to one of five general superintendents, -14 Q. Yes, sir. 15 A. -- that was at the Krummrich plantin 1964. 16 Q. Okay. I don't mean -- I don't want to 17 confuse you. 18 A. Mm-hm. 19 Q. When you were working in the plant 20 maintenance and construction department, was that at the 21 J.F. Queeny Plant? 22 A. That is correct. 23 Q. And there you were a manager of a team of 24 workers who installed new equipment, -- 25 A. Yes, sir. 79 WATER PCB-SD0000058661 1 Q. -- correct? You testified that you became 2 familiar with PCBs as a part of your job then when 3 installing PCB-filled equipment and that sort of thing; is 4 that right? 5 A. That's correct. 6 Q. Why was it that you became familiar with PCBs 7 at that time? 8 A. Well, this is no different than becoming 9 familiar with any other materials we handle, and it's the 10 responsibility of the supervisor to inform the workers of 11 any potential problems that might occur, whether it be 12 from exposability or corosiveness or skin irritation or 13 dust inhalation, whatever the potential problem might be. 14 I don't think that this stood out as any unique need. It 15 was an ongoing situation. Information of this type was 16 conveyed during the employee safety meetings and so on 17 that are held. 18 Q. My question is, I guess, did you become 19 familiar with PCBs in about 1956 in the capacity we're 20 discussing because of the concerns about the hazards 21 associated with handling and coming into contact with 22 PCBs? 23 A. The concerns in the mishandling of the PCBs 24 in this instance as well as all other materials we were 25 handling. 80 WATER PCB-SD0000058662 1 Q. And specifically with regard to the PCBs, 2 would the mishandling -- the result of mishandling that 3 caused you concern, potential adverse effects to human 4 health? 5 A. No. It's not the resulting mishandling. The 6 purpose of conveying this information is to avoid 7 mishandling so that the worker doesn't have to undergo 8 any -- any problems with overexposure. 9 Q. What was the source at that time of your 10 information about PCBs? 11 A. There were written documents. I'll call them, 12 that were available for my review and sharing with the 13 employees. There was also available to me the personal 14 comments from the plant physician with whom I had 15 discussions, and myself, the information that I got from 16 the corporate industrial hygienist who would occasionally 17 visit the plant, and keep in mind, too, that the labels 18 had words that referred to ingestion, skin contact, 19 breathing of the fumes and so on. 20 Q. Do you have an opinion, Mr. Papageorge, 21 whether back in 1956 it was a matter of common industrial 22 knowledge the potential hazards that PCBs might represent 23 to human health as a result of mishandling? 24 A. I would suggest, yes, that there was an 25 opportunity to learn of this potential for problems if 81 WATER PCB-SD0000058663 1 mishandled. 2 Q. Mr. Papageorge, based on your familiarity 3 with the subject of PCBs and your readings over the years, 4 would you agree with me that there have been scientific 5 articles and publications available since as early as the 6 1930s that raised questions about the possible hazards to 7 human health posed by PCBs in the event they were 8 mishandled? 9 A. Well, certainly, the information was 10 available, but keep in mind again the conditions that must 11 exist to create this health situation, and that is again 12 back to the comment you made earlier about how long was 13 the exposure and how great or how intense was the 14 exposure. 15 Q. Let me turn to the Anniston, Alabama plant. 16 The pond in which you all discharged your industrial waste 17 water, you said, would be frequently bulldozed to remove 18 the contaminated sediment and the rocks in that pond. Can 19 you give me some more definite idea, Mr. Papageorge, of 20 how frequently you all bulldozed that pond? 21 A. Did I use the word "frequently?" 22 Q. Yes, sir. 23 A. Okay. I should havesaid periodically. 24 Q. Okay. 25 A. As best I recall, it would happen about twice 82 WATER PCB-SD0000058664 1 a year. 2 Q. Okay. And just to make sure I understand 3 your use of the word "bulldozed," you didn't bury 4 contaminated sediment right there at the pond? When you 5 say bulldozed, you mean you took it out and took it for 6 burial at a landfill; is that correct? 7 A. Yeah. Maybe the word "bulldoze" is 8 inappropriate. It was really sort of a backhoe that 9 reached out and scooped up the material from the pond and 10 dropped it in these open topped steel drums. The drums 11 were then covered with their metal cover, hosed down so 12 the outside was fairly clean and then hauled to the 13 landfill. 14 Q. Now, this pond that you all used in Anniston, 15 Alabama was lined with clay; was it not? 16 A. Yes, sir. 17 Q. And that was done in order to protect -- to 18 prevent contamination of the ground water; is that 19 correct? 20 A. Yes. That's the purpose for that clay 21 lining. 22 Q. Do you know whether there was any 23 hydrogeologic studies performed by Monsanto of the area 24 where this pond sat before it was, in fact, constructed 25 and used for discharge of waste water? 83 WATER PCB-SD0000058665 1 A. That, I don't know. 2 Q. Okay. But at least as far back as 1965, 3 Monsanto understood that it had to line such a pond in 4 order to prevent contamination of the ground water; is 5 that correct? 6 A. Well, I don't -- let me just say 7 contamination of anything below the bottom of that pond, 8 whether it was ground water or soil or what have you, it's 9 really immaterial as long as we didn't contaminate 10 anything. 11 Q. Exactly. That was the point of it all, 12 right? 13 A. Yes, sir. 14 Q. And even when you all would dig out the 15 sediment twice a year in that pond, to be sure of that, 16 you would then go back and re-line that pond with clay; is 17 that correct? 18 A. That is correct. 19 Q. Now, could you describe to mewhat stepswere 20 taken by Monsanto with that pond toprevent any leaking of 21 its contents such that it would contaminate surface water? 22 A. I don't recall any special steps that were 23 taken. 24 Q. Did you all have any leaking problems with 25 that pond? 84 WATER PCB-SD0000058666 1 A. Not that we were aware of. No. 2 Q. Did your all's waste water management at the 3 plant include regular inspections of the pond to insure 4 that it was not leaking? 5 A. Yes. These were really visual inspections to 6 see where the liquid level was and whether there was any 7 dramatic changes in it, unexpected changes which would 8 indicate there's some -- something different was going on. 9 It was not what I would call a sophisticated type of 10 monitoring that would, of course, take place today. 11 Q. Sure. How often would those inspections 12 occur? 13 A. Oh, virtually every day. The operators of 14 that pond would be out there making their observations. 15 Q. Okay. And let me take you back to 1965. Is 16 it your opinion, Mr. Papageorge, that as far back as 1965, 17 to do otherwise in the management of a pond into which 18 industrial waste water was being discharged would have 19 been imprudent and poor engineering practice? 20 MR. GOEBEL: I object to the form and -- I 21 object to the form of the question. This is Tony Goebel. 22 A. Yes. I would. 23 Q. (By Mr. Bolzle) Mr. Papageorge, there was 24 some discussion between you and Mr. Cunningham about 25 solubility of PCBs in water, and I think you estimated 85 WATER PCB-SD0000058667 1 that the solubility of Aroclor 1248 in water would be 2 somewhere around 100 parts per billion; is that correct? 3 A. That is my best estimate at this time. Yes, 4 sir. 5 Q. If you took a sample of water and you 6 discovered that there were 100 parts per billion Aroclor 7 1248 in that water, would it mean -- what would the 8 significance of that sample mean to you? 9 A. Oh, I don't know how to define your word 10 "significance." 11 Q. Let me ask it this way. Would that mean to 12 you that that sample of water was saturated with Aroclor 13 1248? 14 A. Assuming that the laboratory has the 15 expertise to get down to these levels and that no 16 contamination has occurred in that laboratory -- and I say 17 this from my personal experience, that some numbers that 18 I've seen were incorrect to start with. I'd have to make 19 a lot of speculations regarding what conclusions I would 20 arrive when I'm giving that kind of number. I'd have to 21 know much more. 22 Q. Well, let me put it to you this way. If you 23 took a sample of water, if you personally took a sample of 24 water, under any and all conditions, satisfying your 25 requisite level of accuracy, and that sample when tested 86 WATER PCB-SD0000058668 1 showed that it had 100 parts per billion of Aroclor 1248, 2 would you take from that that the water was saturated with 3 Aroclor 1248? 4 MR. GOEBEL: I object to the form. He's 5 already said it calls for speculation. 6 A. I'd have to know if that sample that you're 7 describing for me is water alone or does it have sediment 8 still in it. It may not be visible to the naked eye. 9 Q. (By Mr. Bolzle) Sure. 10 A. And if there is sediment, then I would 11 associate the PCBs with the sediment rather than with the 12 water. So, you're asking me again to kind of speculate as 13 to what that information is telling me. 14 Q. Okay. Let me ask you to assume that it's 15 just pure water with no sediment level in it whatsoever. 16 A. Let's take the water and filter it first and 17 then analyze it, huh? 18 Q. Right. And you come out with 100 parts per 19 billion Aroclor 1248. Would that mean in your mind that 20 it was saturated with Aroclor 1248? 21 A. All right. Help me with the word "saturated" 22 now. 23 MR. GOEBEL: Wait a minute. Let me object to 24 the question, to the form of it. There's no foundation 25 and no evidence that's been afforded in this case. You 87 WATER PCB-SD0000058669 1 can go ahead and answer it if you can. 2 THE WITNESS: Well, I asked if he would help 3 me with the word "saturated." 4 Q. (By Mr. Bolzle) And I may be -- my 5 terminology may be wrong, Mr. Papageorge. I'm just 6 looking for what the significance of that 100 parts per 7 billion reading would be. Does that mean -- would that 8 reading reflect that the water is holding all the Aroclor 9 1248 it could be expected to hold? 10 MR. GOEBEL: Same objections as before. 11 A. When I gave the number 100, I had in mind a 12 situation where -- pure water, when exposed to Aroclor 13 1248, under normal room temperatures, can be expected to 14 be able to contain -- in solution and not as material 15 that's settled at the bottom or exists as globules, in 16 solution, would be expected to have about 100 parts per 17 billion in it. 18 Q. (By Mr. Bolzle) Okay. You wouldn't expect 19 that the water could hold any more than that? 20 A. Probably not, because the minute you add 21 more, it'll start settling out. 22 Q. Okay. I got you. Referring to the 23 documents, specifically Exhibits 1 and 2, Mr. Papageorge, 24 Mr. Goebel asked you a number of questions, if you 25 distinguished Aroclors 1254 and 1260 from Aroclor 1248 88 WATER PCB-SD0000058670 1 with regard to those documents. My question for you is, 2 at some point, I take it Monsanto stopped producing 3 Pydraul that contained Aroclor 1248; is that correct? 4 A. Yes. 5 Q. And when did -- did that occur in 1971? 6 A. Yes. 7 Q. And why did Monsanto stop manufacturing 8 Pydraul with Aroclor 1248 in it? 9 A. Well, since they had success with the 10 phosphate ester we talked about earlier and found it to be 11 an acceptable alternate and since the facility for 12 producing the phosphate ester was in place, it was decided 13 to remove all chlorinated chemicals from the Pydraul 14 product line and use the phosphate ester to give the fire 15 resistant property. 16 Q. Were concerns about potential environmental 17 contamination with the chlorinated compounds part of that 18 decision? 19 A. Well, especially the higher chlorinated parts 20 of the 1242 were perceived to be potential sources out 21 there in the environment that resembled the kinds of 22 things that were found in 1254 and 1260. 23 Q. Okay. And that gets down to, I guess, my 24 point, and that is, at some point, Monsanto came to the 25 same concerns about 1248 -- Aroclor 1248 that they 89 WATER PCB-SD0000058671 1 expressed in their letters about 1254 and 1260 that were 2 made Exhibits 1 and 2 to your deposition; is that correct? 3 A. That is correct. 4 Q. I think my last question for you, Mr. 5 Papageorge, looking at Exhibit 9, which is these 6 invoices, - 7 A. I have them. 8 Q. -- are those customercopies oryour 9 company's copies? 10 A. Company copies. 11 Q. Okay. These are not the customer copies; is 12 that correct? 13 A. That is correct. 14 Q. And it was to the customer copies that the 15 stamp warnings of the hazardous PCBs was affixed; is that 16 correct? 17 A. That is correct. 18 Q. Okay, sir. So, by looking at these documents 19 that have been marked Exhibit 9 to your deposition, we 20 can't tell whether or not there were -- that that stamp -- 21 whether that stamp was affixed to the copies of these 22 invoices received by Rockwell, can we? 23 A. Not by looking at this exhibit, no. 24 Q. Okay. Mr. Papageorge, I thank you. 25 A. Thank you. 90 WATER PCB-SD0000058672 1 MR. GOEBEL: I've got just a couple, of 2 course. Hold on just a second. It'll take me just a 3 minute here. 4 [Short break was taken.] 5 MR. GOEBEL: I'm back, and I just have a 6 couple of questions. Gerard, do you have a document of 7 September 1st, 1960, Bates stamped 28? It begins there. 8 MR. DAVIDSON: Yes. 9 MR. GOEBEL: And its got three attachments to 10 it? 11 MR. DAVIDSON: I don't have any -- 12 attachments? 13 MR. GOEBEL: Yeah. Look at the page two. 14 MR. DAVIDSON: Okay. 15 MR. GOEBEL: It should be starting on 30. 16 MR. DAVIDSON: Hang on a minute. Yes. It's 17 028 through 048. 18 MR. GOEBEL: All right. I don't even know if 19 we need to mark it. Yeah. Why don't we go ahead and mark 20 that? I guess that will be what? 21 MR. DAVIDSON: 10. 22 [Reporter marked Defendant's Exhibit 10.] 23 REDIRECT EXAMINATION 24 QUESTIONS BY MR. GOEBEL: 25 Q. Mr. Papageorge, let me refer you to Exhibit 91 WATER PCB-SD0000058673 1 No. 10, -- 2 A. I have it. 3 Q. -- specifically the first attachment, a 4 Pydraul A-200 brochure? 5 A. I have it. 6 Q. On the page Bates stamp 33,there's a section 7 on that page entitled Handling and Storage? 8 A. I see it. 9 Q. And there's a statement that certain 10 precautions should be used when handling Pydraul, and it 11 says, "Repeated or continuous skin contact should be 12 avoided and inhalation of the vapors at elevated 13 temperatures should be prevented?" 14 A. I see it. 15 Q. It also says, "There is no vapor inhalation 16 hazard associated with use at room temperature." Do you 17 see that? 18 A. Yes. I do. 19 Q. This brochure, I assume, would have been 20 dated in the late '50s, early '60s, right? 21 A. That's -- down at the lower left-hand corner 22 of that page, you will see a series of numbers. You will 23 see there a 0359 within that series. 24 Q. All right. 25 A. That tells me March of '59. 92 WATER PCB-SD0000058674 1 Q. Okay. When you, on cross-examination, 2 described mishandling and hazards to human health if 3 mishandling occurred, is this what you were referring to, 4 the repeated skin contact and inhalation? 5 A. Yes. 6 Q. And you said it was common knowledge at the 7 time about that, that if it were mishandled, that these 8 kinds of things could occur? You were referring, were you 9 not, to the -- a mishandling by the worker or the person 10 who had to transport or come into direct contact with the 11 PCB-containing fluid; is that right? 12 A. Yes, sir. 13 MR. BOLZLE: This is Greg Bolzle for Tim 14 Shook and Rich Montgomery. I'll object to that. I think 15 Mr. Papageorge has been very clear it can extend not only 16 to the people who handled it but the victims of the people 17 who mishandled it. 18 MR. GOEBEL: I think that's a 19 mischaracterization of what he said. 20 Q. (By Mr. Goebel) You can try to clarify it, 21 if you like, but you can go ahead and answer the question, 22 please. 23 A. Well, I was trying to point out that if the 24 precautions as described in this document and on the 25 labels were followed, and I have reference here to the 93 WATER PCB-SD0000058675 1 skin contact and inhalation of vapors, if those words were 2 heeded by any person handling these materials, no health 3 effects would result. 4 Q. And when you referred to mishandling, you 5 were referring to the person who would have handled the 6 material? 7 A. Well, naturally. It's the person that has no 8 respect for it, for example, and keeps putting his hands 9 in it time after time and ignores the fact that his hands 10 are getting red, the skin is getting red, and keeps doing 11 it. Eventually, he's going to get more serious problems. 12 He's going to get the chloracne we talked about, and in 13 fact, his liver could be damaged and on and on depending 14 again on how long and how often he does this. 15 Q. That's all I have. Thank you. 16 A. That's just one example I have of the type of 17 things that I would call mishandling. 18 Q. All right. 19 RECROSS-EXAMINATION 20 QUESTIONS BY MR. BOLZLE: 21 Q. Mr. Papageorge, if I could ask you a 22 question, would your definition of mishandling also 23 include a person that discharged industrial wastes in such 24 a manner that they contaminate soil and ground water and 25 surface water such that individuals not knowing of the 94 WATER PCB-SD0000058676 1 hazard could repeatedly come into contact with the PCBs? 2 MR. GOEBEL: I object to the form of the 3 question. I'm not even sure I understand what he's 4 asking. 5 Q. (By Mr. Bolzle) Did you understand my 6 question, Mr. Papageorge? 7 A. I believe I do. Let me tell you what I 8 understood. I understood you to say that this mishandling 9 as it referred to the fact that soils are contaminated and 10 individuals near the soil not knowing the contamination is 11 present could be affected? 12 Q. Yes. 13 A. There again, you're asking me to speculate as 14 to how does this contamination in the soil get into a 15 person's lungs or on his skin in such quantities over a 16 long enough period of time to create an obvious health 17 symptom. I'm in no position to guess that. 18 Q. Let me -- let me approach the question from a 19 different direction. Would you -- would your definition 20 of mishandling include depositing industrial waste water 21 which included PCBs into an unlined, leaking pond that 22 contaminated both the ground water and the surface water? 23 MR. GOEBEL: Objection. There's no 24 foundation in fact or evidence in this case to support the 25 question, and I also object to the form for other reasons. 95 WATER PCB-SD0000058677 1 Q. (By Mr. Bolzle) You can go ahead and answer 2 that question, Mr. Papageorge. 3 A. I would suggest that the condition that you 4 just described for me is something that I would call, to 5 use my earlier word, imprudent and just a wrong way to 6 handle an industrial chemical, whether it be PCBs or any 7 other. 8 Q. Mr. Papageorge, do you have any idea, by way 9 of market share and so on, what the extent of the use of 10 Pydraul was in the '60s and early '70s when it still 11 contained PCBs? I mean, did it -- was Pydraul used -- was 12 Pydraul used 90 percent of the time when hydraulic fluids 13 were used? Do you have any figures in your mind like 14 that? 15 A. I do not. All I know is that there were 16 competitive products available. I have no idea of what 17 proportion of the market the Pydraul products had. 18 Q. Do you have -- do you know whether -- or do 19 you know the extent of industry knowledge in the '60s and 20 '70s that Pydraul contained PCBs? 21 A. Well, certainly, they knew it in the '70s. I 22 have no way of knowing how many knew exactly that the 23 chlorinated hydrocarbon, as indicated on the label and in 24 the literature, was a specific -- specifically a PCB. 25 Q. But referring to Exhibit 6 that you have 96 WATER PCB-SD0000058678 1 there, -- 2 A. I have it. 3 Q. -- okay, sir,regardless of whether a 4 consumer of Pydraul knew it contained PCBs, they would 5 have known in the '60s that it contained chlorinated 6 hydrocarbons and involved the hazards and the risks that 7 were listed on these labels; would they not? 8 A. Yes. 9 Q. Okay. Thankyou, sir. 10 MR. BOLZLE: No further questions. 11 MR. GOEBEL: Nothing for me. 12 MR. CUNNINGHAM: I think we've beaten this 13 one to death just fine. 14 15 16 17 18 19 20 21 22 23 24 25 97 WATER PCB-SD0000058679 1 2 William B. Papageorge, P.E. 3 4 Subscribed and sworn to before me thi Sy^>icPday of 5 6 . 19 7 My commission expires TTlz'/uj,(Lvuy/sS , 19 8 9 10 11 17--^-------------------- 12 [Notary Public.] 13 JOSEPHINE S. NIBLOCK NOTARY PUBLIC STATE Of MISSOURI 14 st. louis cam MVmSSS0NEXP. JAN. 15.5C35 15 16 17 18 19 20 21 22 23 24 25 98 WATER PCB-SD0000058680 NOTARIAL CERTIFICATE STATE OF MISSOURI COUNTY OF ST. LOUIS ) ) ) I, TAMI L. BRUDER, a Registered Professional Reporter and a duly commissioned Notary Public within and for the State of Missouri, do hereby certify that on September 23, 1993, there came before me at the Marriott Hotel, Highway 1-70 at Lambert International Airport, St. Louis, Missouri, WILLIAM B. PAPAGEORGE, P.E., who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath and said examination was reduced to writing by me; and that the signature of the witness is reserved by agreement of all parties, and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal this 18th day of October, 1993. My commission expires June 27, 1995. f/f/AJ [Notary Public] WATER PCB-SD0000058681 Monsanto Wonunto Camotnv SOO N. LindOtrgn Sojitvara St. Loun. Miisouri 83199 P'lonr ,3U) 894-1000 February 9, 1970 OffQAMiC CG*iGalS Z'SS.ch Dear Sir: Recently several newspaper and magazine articles have been published indicating that Polychlorinated Biphenyls (PCBs) have been discovered at some points in some marine, aquatic and wildlife environments. The quantities detected are said to be in the parts per million and parts per billion categories. It is claimed that the PCBs found strongly resemble chlorinated biphenyls containing 54% and 60% chlorine by weight. Products which are sold by Monsanto under the trade names of Aroclor 1254 and 1260 do contain chlorinated biphenyls. In addition to Aroclor* 1254 and 1260, Monsanto sells certain functional fluids containing Aroclor* 1254. These include Pydraul* 625, Pydraul* AC, Pydraul* AC - Winter Grade, Pydraul* 540, Therminol FR-3 and certain dielectric formulations. Several other companies around the world also produce products containing chlorinated biphenyls. As your supplier of Aroclor* 1254 and 1260 and formulated products containing 1254, we wish to alert you to the potential problem of environmental contamination as referred to in the newspaper and magazine articles. We would like to point out the following additional facts. 1. Products such as Pydraul* 90, 135, 230, 312, A-200, F-9, 150 and 60, Turbinol* 153 and Therminol* FR-1 and FR-2 are not formulated with Aroclor* 1254 or 1260. 2. PCBs with a chlorine content of less than 54% have not been found in the environment and appear to present no potential problem to the environment. RQCta 00059 * DEFENDANT'S | EXHIBIT WATER PCB-SD0000058682 2 We have developed, and are now tasting, new formulations to replace the Aroclor* 1254 and 1260 components in our Pydraul products. The new products appear to be equal in performance and to have similar physical properties. We feel that all possible care should be taken in the applica tion, processing and effluent disposal of these products to prevent them becoming environmental contaminants. Of interest to you may be an article in Chemical Week, October 29, 1969 regarding water pollution standards set by each state in the Union. It ia attached. This article reflects that good manu facturing practice in the future may require that no products used by any company should find their way into waterways. Sincerely yours, nlc Attachment Donald A. Olson Director of Sales Functional Fluids Group ROOM 00060 WATER PCB-SD0000058683 Environment lUfiLi The huge water requirements of the chemical industrynow the nation's third largest user-make water quality and availability increasingly important factors for site selectors. Legislation enacted m recent years has forced planners to pay close attention to pollution control standards. All 50 states have had their water quality standards ap proved entirely or in pan by the Federal Water Pollution Control Administration (FWPCA). Recently a staie-by-state summary of key standards was put together for the lint time. Surprisingly, it was not the FWPCA that did the job. Instead it was handled by an American Public Health Assn, t APH.A) subcommittee headed by TVA Health Director F E. Gartreil. assisted by the APHA Engineering and Sanitation Section. A portion of the study, covering standards for surface industrial water, is summarized in the tables starting on p. 30. Contrary to widely held opinions, there is considerable variation in state standards. Take the dissolved oxygen (DO) standard, for example. Minimum allowable DO (as milli grams per liter or percent saturation) is the single most impor tant standard to chemical site evaluators. As a rough rule of thi.mb. a 2-mg./l. standard is considered to be one industry can live with comfortably, while a 6.0 mg./l. value is pegged "extremely tough." California. Wyoming and Washington have set the stan dard at 6 mg./l. or higher. But a few states such as Con necticut. Maine. Illinois. Indiana. Massachusetts. Virginia and Wisconsin require 2 mg./l. or lower. Other standards--notably turbidity, taste, odor, color and solids--may also be important, depending upon the nature of the chemical plant's waste effluents. These standards also ex hibit siate-by-state differences. Moreover, they are generally less specific than the straight numerical DO standards. Although chemical plant site experts see little point in "running from tough standards." the criteria do make a difference: Plans for two nonferrous metals plants in Puerto Rico are now on the shelf, because of standards that call for a 4.5 mg./l. DO. no wastes that interfere with the esthetics of the waters and other specifications. No compilation of ground water standards has yet been published. Ground water standards may prove important in (he future as companies are forced to use costly deep-well dis posal for wastes. Availability of ocean waste disposal services is also looming more important. Waste Cost.: The price tag for pollution control is high. A recent FWPCA study on the organic chemicals industry esti mated that water waste-treatment facilities can increase in stalled capital equipment costs 40% or more. Between '69-'73. the organic chemical industry would have to shell out 5 182.5 million to remove 10% of its biological and chemical oxygen demand waste and 65% of its suspended solids. Removal lev els of 83%. 13% and 71%. respectively, for biologic oxygen de mand. chemical oxygen demand and suspended solids would require 5242.6 million, while 98%. 30% and 89%. respectively, would up the ante to 5608 million. Cleaner Air Establishment of air quality standards is not nearly as far advanced as are water standards. The National Air Pollution Control Admimsirauon (NaPC.A) is still designaung regional air control regions. At last count. 16 regions had been formally designated and another 41 had been pro posed. NAPCA has issued air quality criteria and control ocToasn sa, 1969 technology data for ;tides and part;c-.a:e -at';- - . foilow wuh similar st-d.es for jtner pollutants Once criteria and control data have been .^s-ed i : a- tant and control regi-r.i nave neen designated a ,_~r ...a process involving -undards hearings and m; e~ and enlorcement pia.ni be initiated that can ax: 'rr a year to produce standards So far. no rirm suit or aside or particulate standard! emerged. But NAPCA , criteria for setting the standard! gest they'll be tougn The oxide criteria reoort. tor rxanb.e emphasizes that there are deleterious effects :c .-an a; cenirauons as low as u ;a ;pm. NaPCA's control data reports present deta.ied irn.ia.i of various methods and equipment, along ms est.mated costs. As in the case ui water, the costs will be men. a.'.ncuan some pollutants-mainiv sulfur dioxide-wiil have re.-.e-- values. NAPCA is sponsoring a number of researen e.ta to improve technology Pollution control .s oe-.r.e -Oanrec financial assistance programs (mandated bv state aw. - a operative in the following 28 states: Arizona. Arkansas. California. Connecticut. F'.c-dd. Georgia. Idaho. Illinois. Indiana. Maine. Massac-.--;:-.! Michigan. Missouri. New Hampshire. New Jersev ':* i _:x. North Carolina. Ohio. Oklahoma. Oregon. Rhode Man-. Souih Carolina. Tennessee. Vermont. Virginia. 'A aimng-.on. Wisconsin and West Virginia. In addition. Pennsylvania offers financial aid sanctioned ?v administrative regulation. Several states, including Utah and Maryland have legislative studies under wav. The incentives take a variety of forms. Most common are exemption from personal property taxes (e g.. Arkar.sasi. fait depreciation (Arizona), exemption from ad vaiorem ;c..c- ment and structures taxes iConnecticut!, exemotion from . - cal taxes for stated period of time iNew Hamps.rre- operating loss deductions iNew York): credit against -;at; n- come tax (Oregoni. Quantity: The large chemical complexes now r. make water-and lots of u-a major site cruenor. f-.:,. ?: the water is. the belter, for it can reduce the .nvestmen- -. heat-exchange equipment. Occasionally, plants can manage on ground water, but usually surface water is requ.red That means location on or near the big. drought-resistant rivers There are less than 200 rivers in the U S w-,tn n.mm..n flows over 50 cu. li. oer second tCW Oct. bo. np ' For companies whose plant needs at least 100 cu ft -e.-rd. the list numbers onlv 150 (excluding Alaska) Sea m::- > generally avoided because of high equipment corrosion .. >.i Piping water in is expensive. Duval, now opening a . : lion tons/vear sulfur mine in the and Northwest area - i- forced to install a 36-m . 38-mile-long water tine and - ~ million-gal. reservoir Cost of the water supply *v stem been disclosed, but it is estimated that the tab w as at eral million dollars. The adequacy of domestic water resources in :ne ear 2 has recently been evaluated by the Geological Sur-ev \ i- tionallv. projected demand will be I'J'c of potent:a... as sured supply. Onlv in three regions. New England. On., -nd the South Atlantic Eastern Gulf, will future water menu be easily met. Economic growth may be nand .-mre m nine regions. Easiern Great Lakes. Lower M;s>.->.rr; n per Missoun-Hudson Bav. Lower Missouri. Western C-.:- Rio Grande. Pecos. Colorado. Great Basin, and Centra, -nd South Pacific. RQCk 00061 '9 WATER PCB-SD0000058684 For the first time, a summary of water quality standards set by all 50 states. pH AJtoanbld Txnptratiir* <T) altanfeta oxygon Increase (mlnlmum- Snap* Deviation Miilmam beve emblem mg./l.e%) Otfidr Raquirgmonts Alabama .o-t.3 1.0 90* (24 nr*.) r (any hrt.j 93* (cooling era tar) 10* -- 10* 2.9 it I It or Radlaactivffy, Cetar. fn and Oder, Todo Substance*: Only n S103!n**1*'*** mou''u ,h,, "ou'd not render waters unsuiiasia lor ndustrm- man 10 a cooling and proceas-wstsr aupply purposes. Seddai Ini from nte matanala that cauta unaigmty or putrescent conditions or interfere directly or indirectly aim industrial use. Alaaka 7.04.0 o.s *70* -- s.o Radtaactivftyt Not to aacaad llmtta of PH] Drinking Water Standards. TuibldHyi No imooaad valuta that would intarfara wrtn eeuefianed lavala of treatment. Calan Trua color lata than JO color unita. Taata and Oden Shall not unraaaontoiy imoair tathmie conaidaratlona. Jeddel No dlaaeivad toiidt ttieve na tural condltiona causing corrosion or scalinq praeiems. No vialMa avidanca of other Booting toiidt or sludge otDoaita. No imooaad tadimant loada that would intarfara with aitaenahad treatment levels.' Teslc Substances: Chemical conatituanta thould he oatota concarmtiona found to da of puoiic health significance.' Arizona 6.54.6 O.S 93* S' -- RsdlosctivWyt Nat to excaod 1/SO of the MFC* value given for oontinuoua occupational eapoaure m NS3 Handbook $9. Tumidity: JO JCU (ttraema): 29 JCU (lakaa). Colon free from watte mate rials <n amownta tufflcient to change tmtmg color enough to interfere with mduatnal uaa or to ertau a nuiaanca. Tana and Odon free from wacted in emounta aufflcient to produce enough taata and odor to ereata a nuiaanca or intarfara with mduatnal uaa. SoHdm Free from waataa that would oe unaigmty. putrtacent. odoroua or in amounts that would intarfara with Induatrtal oaa. Tamo tuialaiuaai Free from waataa toxic to human, animal, plant or aouatlc ilfa or In amount* that would Intarfara wrtn induatrtal uaa. AftUMIM* .0-9.0 1.0 (24 nrm.) 99* 9* 4.0 (avarafa RedMactiettyt "Rules and Regulations for the Control of Ionising <or any cross Radiation." Arkansas Board of Health, apply. TurMdNyt No dls- aoction) tinctiy vtelMo incrooaoo duo to waataa. Colon Shall not bo In- --tt~* to tho extent that It intarfaraa with Induatrtal use. proa ant or future. Taata and Odon Muat not cauao otfansiva odor* or othdrwtao Intarfara with mduatnal uaa. Solids: No dis tinctly visible persistent asllds. bottom daoosits or sludge banka due to wastes. Taste Substances; Mutt not bo prooont In amount! toxic to human, animal, plant or aquatic Ufa. California 6.5-4.6 7.o-d. (Coastal waters) 71.6'* (fresh water) Nona that would cauod acoiodteal chtno or harm aquatic Ufa (coastal waters)* 6.0 Coastal waton 5.0 (unloo* natursPy lower) ITamoai II,Iff1 Shall not oxeaad 1/10 of tho MFC, values ghron for continuous occupational axeaauro in N8S Handbook 69. TurMdttyi Free from wootoo that could altar water's suiting turbidity. Cotan Free from substances ettrtbutaole to wastes that produce detrimental color. Taote and Oder: No tuoatancai that import foreign testo or odor, tollda* Dissolved solida in fresh water must hot axesad 300 mg./l. at tny time: annual moan: 173 mg./l. SettlesOle solids must not bo sold to change nature of stream bottom or harm aquatic environment. Toxic Substance*: At all times fra* from concentrations harmful to humans, aquatic life or wild or domestic animals. Colorado 9.0-9.0 93* _ 30 Haanailliltr Not to iiranf 1/30 of tho 164-hr.week values m i:ss Handbook M. TurMdNyt Muat not intarfara with esuoliahed levaM of treatment- Cefsn Waataa present must not causa appreciable change in color or mterforo with industrial uaa. Toots and Odon Free from wastes that causa odor or soprocioMo change in taste. SeMn Free from wastes that arc unsightly. puli sat ant or odorous or would interfere with uaa. TexSc Suhstaneasi Free from araatas in concentrations or comb!nations sufflclant to harm human or animal Ufa. Canaldctlart .0-9.0 Nana uniaaa R don* not commanaad Hmn tor in dustrial use 2.0 RartooathiRyt Limits to bo approved by appropriate state agency. TuiMdNy. Cotar. Taata and OOar Nona in suen guantities that would impair industrial uaa. laMdat Limited to small >mounts that may result from discharge of appropriately treated waataa. Teals Substances: Free from chemical constitu ent* In concentrations or comoinotiono harmful to human, animal or aquatic IK*. Ddldvard g.9-a.S Florida 6.04.5 1.0 5* 50%'or S.O RartiattioHyi Alpha amIttars llmitad to 3 pe/lu beta emitters. to 1.000 pc/1. Calar. Tesas and Oden Nona m concentrations that causa cater, taata or odor. MMk Fred tram unsightly and malodorous nuisances duo to Booting solids or sludge de posits. Torts Subatancaai Nana m concentrations harmful (tynsrgiaticody or othonwoo) to humane. Bah. shellfish, wildlife or oquatl* Ufa. s.o Radlstiani Orooa beta 1.000 po/1. On abssne* of Sr-90 and alpha amittsrs). Turblibr 90 JCU. Calar Must not ranoor wstar unfit for industrtel-cooltnf or process-water supply purposes. Teste: Muat not render wstar unlit for industrial use: phenols 0.001 maximum. SaMdat Dissolved solids muit not exceed 1.000 mg./lu monthly average: 500 mg./l. Must be free tram Boating wastes that or* unsightly or deleterious or other wastes that settle to form puti ascent or obieetionaote sludge deposits. TexSo tubotanoaai Frao from waataa harmful la human, immn or oauatie Ufa. Cu. 0.5 mg./U In. 1.0: Cr, 0.05: >b. 0.05: Fa. 0.3: As. 0J3*t F, 1O0S Cn. norm dstocMMa. A0CM OOObZ WATER_PCB-SD0000058685 "x~ r "^r-sp r$x+sstfRiS&' .. - ,, lorcafeaw Mawaf t/Larft) OVmt ftaqufcwnflnt* U JJHSafly iiiiiIH Mum cordon ToaM aad Odaa Pm* (Mm MW Mm(m ( Im that caim oMactianaMt conurn. MM Froo from mM __ athomloo ablactJonaMa or wM IntarNra wflh Induatnm im. TaMa liMlinnr No M uanaantratinna that midd provont Mi turvhml or tn Nat M wN 1/30 of Ola vafua* Urn by NM M. TMOMM Pm* fmm Ml MOortrtkdMoo from troaian or agricultural uaa. Taata W OMi altar dlwOan W mlaturo. muM not Irrtarfar* with InaOk TaMa MkMaaaaai Pm* from rubatamaa M eon- animal, or mailaa Ufa or that SEW*. 2L&- NM tt aaaal MM af U PH* Orlnkln* Watar Wa_ ablartanabl* turtWNy that can M No floating or tuOmorgad mat- ttW eouM 01*00001)/ affect Induathal " mataa of ethar than natural origin of putfla haaflfl ilgnlllcanca or that eouM }#,.__.,, . Mm TaaM an* Oden Pro* frorr that produc* color, maiarmin#ir* i~l>nr 2mr. w Fraa *"+ * *+ Ofliflo ta *a that w a nulojnca. Soflaai and form unolghtly, drlo- TMa SuhcMnacm Proa bom harmhd ta human. k(daW a orago> not octal 1400 mg./U monthly tvon egg. 7*9 aw/1- Mot bo fro from unalgmiy^ putraacant, ddm i or combination* harmful to i aat QWn Pro* from oraMo Mat oroduo color, r M aat a degree naba ilati bunal ta InduMrtai Pro* floo floating ooato in ainuunM that aoiiia ba r > U-I.I -- f *J0> uibatarrtlal violMo contraM pgorano or that la datrlmanMI ta induatrial uaa. Taata arM Pro* Intarlaro oflh indvabrlal uaa. ar matarial In amounm that muM b* manrtalnod baton eon- a nulaanea. 1400 mg/li monthly la unolghtly ar dateMa M form putraacant raaeo In com animal, plant M Mr all mllpctlw laotsoo mproduea floating anhar orpnlc ar In- MnMH IM* M onafl ** PM* OrinMag Watar Standard*. T iltlMM, C*Mr, TaaM Ml OIMt Pm* from mataa that Impart turOIMM. ooMr. Mao ar atm ar bugMr Induathal _uaa- Sanaa; TMc MaflwaoT ftachtmical eonatfhmnta'from nta aoureo foalM M Mbkmm ar Mat aararmy affaat Induauial uaa. to 1 matarial* that chang* M ouch a oagraa at to o. MMa Proo from nolo that float ill*** M form Oopoott*. Croat* a nuiaanc* or MMriaro oflh UMuMrial o ana am unaightiy. putraacant ar alamo. IM* hfllwm Pm* from taaM noacao that Intarfara nflb mioartM o m that ar* loiuhl M human, plan*. animal M human, animal in cam al- tho dlaeharg* from ` Tati* harmful ROOM 00063 SI WATER PCB-SD0000058686 Water quality standards pH AflawaOto TrapcratarvfTJaSmMp Haag* Dsridtloa MMlgmaa atamamBant aw* OMtar Rgquirednanta Mtchiyaa LMJ aj *.o-#.o - 10* Cnotta* ta pra- HUlMt Sttrtarda ta to aataMlahad whan information mmnutasneg la wilaMa m OaltarUus alfocta. TtirblMty. Calan No oOtnc- HnwaMa unnNiral turttaty or color In quantftlao tufflelant to Intorfara wan huluoti(al ma. Taala ata (Man aalow lavara Mat ara ar may hianma inhirtaua ta industrial uaa. la<1Sal Olsaaivod MUa must nst aaeaaa 7M mammy avorapo: 500 mg./I. Ma floating tata or obtsctanaMa daaaafta In qgantnisa Mat would Intarfara ata Industrial uaa. Tata Itaatamaai Umitad la wnaamiatana taa Man thaaa Mat ara ar ma Infctaaa It IMa ata frta frsm aaataa Mat eauaa (notarial discoloration. obnoxieua laoandto solids Maatppi 4.0-aj 1.0 r 10* j-*.o -- r<isirsrams ot a* rattan) , Taala ata OOan fraa (ram aaataa Mat product color ar raa aa ta crwsaa a nuisance. tmtaai oiaaaivas aata Uta m*./1.4 monthly avaraga 750 (raa tarn floating aaataa that tattta to form aHacttonaSla or putiaaoant deposits, m coneontratlona or eomblnaoona Uta 1.000 pa/1. (In ataaanoa of Sr-50 and ita amMara). SnMI 10 pe/1. Dlaaotvad Ra-220: 1 pc/1. Calan Waataa must nat eauaa substantial visible contrast wtth natural avpaamnaa af itraam ar lidaifara aiM induasrlal uaa. Taata and Otaai UmOta ta juneantnllona that would not raault In noticm Ma attatalua odara or utharwlsa Intarfara nMi Induatrfal uaa. tata Ma aataaaMa organic ar Morgante daaaaita or (tooting i umlipMy * dtatartoua amounts. Tata ludatinraai not ilaMmawta ta induaRW uaa or tata ta Mawtana U-tJ 0J No Nat ta < : udtsnaivo ta i 12 (HI Drinking Wataf Standards, mth aatapithad louoia o( trastWatar ahall to maunalnad In Con or aight or amoU. toadoi Nllrtlll fl.S-P.0 1.0 o~ tatar/hr. atai flalalaplcal Hoalth RsgulaMaa (lat. adj. Staaa o Nabiarba. *4. Ttodtatyt No mora than 1055 incranaa atom normal Iaval. Caton No evidence of mattar nuiaanoa eondWona. Taala ata Odan Lass than mat adutf Japrarta aratar duality (or industrial uaa; IM m^/1. fltatal Dtaohmd aorta mual not arraad 1J00 nta/L No mam Maa 20* inrraaaa (limtt 100 mg./U (ram ata aata asurta Ns wosta aorta Mat parmtt daooal ton or am dataarioua ta industrial uaa. Tata liitotanaaai Nona In eanentaatana or oomilnstiono that would randar aratar un- NmraNa uaj -- rur 7.4-4J ( values In NBS id Oton fraa from stating turbidity or taarlaro wrth Industrial dMm fraa (ram Jdga Panto or . or odorain sr fraa (ram araatas to humarv arumal, plant NawHampaMra 8J5-PJ - tOf* SJt ata (Man Nana In ablactionable amounta. i oO<actionsDM In tata coneontratlona or i*4i Nm Tart a.o-4^ - croataw -- -- ar r<ta7*> Muatnat ar Noam damannthat rar- u ata Nana neiltaata In aratar or dopealtad along Taala ata 0*an Nona Mat ara offonanra ta humana ta aguata biota. Tata Suhatanota Nona that at to datrimantal ta aguaUe Meta. 1 than 1/10 ad Ma 4*hr. valuo in NBS l than not eauaa substantia! visible con- Cadan Should not crests an TmIs Mi Oim No oOoev. othar than ad natural origin. that ara esthaOcaliy obiactlonaoia No ablaatlanaala floating aoUda sr dtona l Mat Ngnrflaandy altar piapartiaa of bottom. Tata taa ta Humana, plants. Ash. animats. tfta atana ar la eawMlnatlowa mats ta. hdta No oang or sacM- tfta ara roodCr rlalMo and ator in com- aa ROCm 00064 WATER_PCB-SD0000058687 Water quality standards M r/hr. Othttf Raqulnmanta Ctfan Muto not mnder wear unfK for industrial cooling. MW: Murt not iftar dHudow Atf mixture mtM wur unfH for indu*trtM casino. Tdtoo kMawta Must not mail* watar un for induatrtol eoollato RstosotohHtyi No ilacharpe allowed unlaoa metarlala ora readily soluble or dispersible and of quantnjaa arrapunia to atata health department. Cede. Taaia and Oden Ne wastes tint color water or reatot m obtectlonaOte odors to a tferao that Impeira Indus trial use. SeMn No unsipmiy howtinp waetee that would adrareely offset Induadrtol uao or wastaa that tattle to form pu bescent er obfacttomnii deposits. Tetoe titoitani is No oon- osntoaHano er oomdineOana harmful to humwt, animal or Cater, Taato and Oton free from wattes that poduca color or odor to a depree that creates a nuisance. SeMai Otaaaived atldt must not iw-aad 1.000 mp./U mommy averape: 7SO mq./l. Mud be has from (toetJnf or other waetea that tattle to tortn putroaeont or obfacdonablo dopoeite or toot are unaiphtfy er daietarlaus. Tetoe Substances: No weetoe In eoncantrattone er oambtnattans harmful to Human, animal er aquatle Ufa. tadllllhiyl *"areas concentration at points of controlled roltooa men not oaoaed State board of Health ftadletlen Pro taction Sopuletfofto. TwSItoyi Nona Mat causes visible contraat with nattnl usodWona. Oaten Nona that la pweistant in cam centreHone dattlmontat to Induatilal na. Taaia and Oder No rnaciinratluito that would causa sffsnalva odara In vicinity of watar or otharafaa httarfora wdh Industrial uea. Seffde: free from Kostina dearie, bottom daooolto or other materials. Tetoe Satoatancsai None in quantMae that awlu watar totoe to human, animal, plant er aquatta Ms. dedtotoem Shal not pose etoamal hazard. TlnSMtyi S JCU above natural. Celer, Taste end Oder; No "hjsrtloriama dleoHoretlon or eondltlans stthettciUy olfenelvo to human teneos of taste er emeu. Seddto No ftoatlnq solids. organic or inorpanle daooart* Inhnteue to induaoy. Teats htontancaai No conditions tofurtous 8 Cater, Taste tad Oden No weetae that produce eaten, tastes or edere in amounts harmful to Industrial uao. Seddto Olsaofved telIda must not mosod TIB mq./tc monthly tvoripei 500 mp./l. Ns ftosttnp wsstss or wbstsness tost tsttls to form tiudps in amount! harmful to Industrial use. Tetoe Substances: None In msunto harmful to indued Isi uao. 3.0* tatoaacdvtty, Tstos Substances No eoncantrstleno or combind- S.0* (IS hraV Vans harmful to human, anunel or aquatle Ilfs. Tuibltoty, Teats dtof) and Odtot Nona In cancano-adens that would Impair industrial ussl Sedte No solid refuss, ftosttnp tollde or iludpo depealta. y ne ZJ (nramps) TtndM^, Cater, Tstos and Oder: Free from wattes that chsnpe the eeieOnp turbidity er color or that produce taete or odor to tuch degree aa to eauae a nuisance or Interfere with induttnel use. Seddto None from wests touroee In emountt tost ere urn tlphtty. putrescent adaroue or that causa a nuisance er interfere with Industrial use. Tetoe lihrtmreei Free from weetae harmful ItatoaatoMhPl Nona permuted In watar unless readily sehibte dr dfepdraibto and In quamltMs Jieil by federal or state tpanelee. Oder. Testa and Oden rte wastes tost produce mat* rial disaalarstlaa or undesirable odors. Seddto Dleeofvwd solids producing lloatlnp Tetoe lad- human, enimel er Cnoutoh to arm vent offensive conoMono could adversely affect industrial ms. Cater: None In amounts or i.Biaisntritliine that eouid I to secaptiMS lavelt by eanventlansl treetmer*. Nona that would result m lasts er odor tost Industrial prnrsaslnp SsMb Oiteorved SOO mg./l. No dlehnctty vleiMs amide, inks that could ba Jsulmental to __TsA Suhstoneaai None that produces mxjc toot would adversely affect weter for Indurtrtei use. 4.0 _ Nidulatad by Ttnac Rddlcttcn Control Act and nipSelltin for Contibl of isolation. Twbltotyi No tuo- M Innsese due to wastoo. Calen Ne tuestantiei vttibie m wtto natural appaaianca of racafvtnp wators rftar - recerva bast praajeal treatment. Tatos and Oder No dues offensive odors. Mto Dissolved _ _ __ LOGO ma./I. untooe wwter uawd only fer coming. Muto be eeaenttady free from fleeting or wauwi iinnannif toUdi that would adversely affect industrial use. ~ dtosato Shad not show acute or chroma nmcity ts animals or tqusde tfa tueh an otant as to men ROCW 00065 WATER PCB-SD0000058688 Water quality standards ^ pMAOmbta Tdmpdrdturb(T)dnowdMb wqrtaa bm Paatebod JlHiw abm*****--* ffiiW Other Hdquirdments IM d.S-d.0 e< flateatrHimi Shall not exceed 1/30 of MPC raiuo* far cantfnuau* occupational exposure in N8S Handboo* 68 Turbidity. Cater: No wastes in amount* that would ehang* sxlstmg turbidity ar ooior tnauah M croata public nuisance ar intarfar* with Industrial uaa. Taata and Odor No waataa m amounti that would modi-- tad or odor. Soddat No Hooting waataa that ara unsipM% ar that tntmtara with industrial uaa: no waataa that aaoba te form uiiaiphaty or odorouo sludge or bottom oaooani. Tbd Subdncd No waataa In concantrrtion* or comblnatlona taait to human, animal, plane ar aquatic ilto or that would VMMl UMJ 3'n* Ml u, / *adaaatMi To bo approved by appropriate ateta apaney. ^V Turtedbd, Cater, Taata and Odor. Nona m concentration* that would Impair Induatnal uaa. Selite- No floating solids. aiudga Iltpaalte ar solid refuse. Taate Subatancoai No chemical con st!hiante In i imp anliallnna or combination* harmful to human. TWfWa S-O-d.a <i aa a -- 9S**(untaao naturady btator) No auddon chango* that could harm aquotte tea 1.0* 2.0* (dady avaragal 13-U 04 70* t-110/ (T-ldTt 6.5 or 70% CopfteQ r Wteooanta i.mj 04 1.0 2.0 (daily rotate*) 1.0 2.0 (date vwr***> * rcior tamp. or 7ft 8.0 5 > Cod, Taate and Odnr No waateo that change axlating color or pfotea-a odar to auefl a dogro* * to create * nuisance or Interfere with Induatnal uaa. SaUdB No floating waataa that aro unajghtty ar croata a nmaanca ar other waataa that sente to form unatgntey, putroocant ar odoroua dopes**. Tod Sute atanaate N* waataa In cancamratlona or eomplnabona that would Intelfoo dlractfy or Indlractty with Induatnal uao. Kadteaclated, Toil* Subatancoai dalaw cancamratlona that could iduaraaty affoct Induatnal uaa. Tuibfdtfji Laos than 10 JCU over natural condition*. Cater. Taate and Odar, SaUte- Olaaervad. nupandad. floating or aubmaigad matter ahall not roduca nthalte valuoa ao aa to adopt indiatnai uaa. Cater Nona that is obiactienabte. Tad and Odar No cblactionateo odor* in vicinity of tho water. Soddat No dlatlnctty vlaiblo flootln*. aottteabte ar autpandtd aallda of unroaaonabia kind or guantfty. No itefoctlimabte bottem dopooita or aiudga banfea. Tbd duteteaaad Na conoantrattena of matorala pmaonnua te-hamaa. aobnal ar Ml Mb. Cater, Taate and Man No material* producing color, taate or odor in amount* that would create a nuisanc*. lalldit Olasolved aoUda muat not aacaad 1.000 mg./l.; daily aversgo: 750 mg,/l. No floating or tubmergod d*br* or wears tubttaneoi that would causa seioctlonaoio dopoait* m amounts to create a null anna Tad Sufeotemd Nana in concentrations or comWnaPano toxic to humaate ar of public health ugmflcanea. RadtebctfyHyi Not to aacaad 1/30 of NBS Handboe* M vsluaa. Tuateddyt Na mote than IS JCU above natural (wnan turbidity i* ISO JCU ar teas); otherwise. no mors than 10% above natural. Cater Essantialty fro* of wastes that visibly alter natural color of water or impart color to vaaaai* or structure* Tad ana Odar Essentially free from substances that would product dettctaoit odor at aita of uao. Soddat Essentially frao from floating or SanaaOla did* that an unsightly or tattt* to form sludge, band or bottom deposits. Tad Subdncd fro* from toxic aubdtds In concontrattena or combinations toxic to human, animat or aquada Ms. Standard rtearral fnao faddral Water Poduban Control Admlntebabon approval. 11 . total cumutedso hoot addttten allbwad from unnatural waste source*, at any powit througnaut tho thr*' im reach. T - fugnast ,, , __________________ ______of_s__ta__n_d_a_r_d_*_:__J_C_U_--__J_a_O__a_o__n_C__a_n_a__l*UUnmitsi : ee/1.--pieoeuries par mar. Standard of Ota United Stated. Taiiltoi d. and tea Otstnct of Celumbte. American Public Hurat Assn.. Subcom- mttte* an Water N ductenea. riwiiaf and EiWntitent and Sandsbon 3 ai rtnw. ._____ Imtte ter oo"dterm*. btetene c-a--r--d--a-n- ddaammaanndd. . cfitefoterm abaci arnteadc datafianv net ptpelaldanuntdtnut- rteSntoem. aods.tastreasastoo.t scum, bottom dapoolte. poatlcida*. sttndafbS for tach atraam roach or specific eon rtvar catin: m auen shod loaal ilrin--it rogmramom. This rsprint is an excerpt from the "Plant Sites, '69" report that appoared in th October 29, 1969 issue of CHEMICAL WEEK Copyright 1969 McGraw-Hill. Inc.. Sew York. S'.Y. This article nuiy not be reproduced without permission. M ROCM 00066 WATER_PCB-SD0000058689 Monsanto Monianto Comoany 900 N. Imdltrgh Sogltvtrd St. Loutl. Missouri 93196 Phono: 014) 994-1000 Dear Customer: Recently several newspaper and magazine articles have been published Indicating that Polychlorinated Biphenyls (PCBs) have been discovered at some points In some marine, aquatic and wildlife environments. The quantities detected are said to be In the parts per million and parts per billion categories. It Is claimed that the PCBs found strongly resemble chlorinated biphenyls containing 544 and b0 chlorine by weight. Products whlch-are sold by Monsanto under the tradenames of Aroclor 05 1254 and 1260 contain chlorinated biphenyls. As your supplier of Aroclor1254 and 1260, we wish to alert you to the potential problem of environmental contamination as referred to In the newspaper and magazine articles. We would like to point out the following additional facts. 1. Certain Monsanto products which are sold under the Aroclor trademark, namely Aroclor 5060, 5442 and 5460, are not polychlorinated biphenyls. 2. PCBs with a chlorine content of less than 544 have not been found In the environment and appear to present no potential problem to the environment. ROCM 00050 WATER PCB-SD0000058690 I we feel that all possible care should be taken in the application# processing and effluent disposal of these products to prevent them becoming environmental contaminants. Of Interest to you may be an article In Chemical Week# October 29# 1969 regarding water pollution standards set by each state In the union. It Is attached. This article reflects the view that good manufacturing practice In the future may require that no products used by any company be lost or discharged In such a manner as to ultimately be found in waterways. Very truly yours W. S. Schalk Director of Sales Plasticizers ROCM 00051 WATER PCB-SD0000058691 CilM, Environment The huge water requirements of the chemical industrynow the nation's third largest user-make water quality and availability increasingly important factors for site selectors. Legislation enacted in recent yean has forced plannen to pay close attention to pollution control standards. Ail SO states have had their water quality standards ap proved entirely or in pan by the Federal Water Pollution Control Administration (FWPCA). Recently a state-by-state summary of key standards was put together for the first time. Surprisingly, it was not the FWPCA that did the job. Instead it was handled by an Amencan Public Health Assn. (APHA) subcommittee headed by TVA Health Director F. E. Ganreil, assisted by the APHA Engineering and Sanitation Section. A portion of the study, covenng standards for surface industnal water, is summarized in the tables starting on p. 80. Contrary to widely held opinions, there is considerable variation in sute standards. Take the dissolved oxygen (DO) standard, for example. Minimum allowable DO (as milli grams per liter or percent saturation) is the single most impor tant standard to chemical site evaluators. As a rough rule of thumb, a 2-mg./l. standard is considered to be one industry can live with comfortably, while a 6.0 mg./l. value is pegged "extremely tough." California. Wyoming and Washington have set the stan dard at 6 mg./l. or higher. But a few states such as Con necticut. Maine, Illinois. Indiana. Massachusetts. Virginia and Wisconsin require 2 mg./!, or lower. Other standards--notably turbidity, taste, odor, color and solids-may also be important, depending upon the nature of the chemical plant's waste effluents. These standards also ex hibit state-by-state differences. Moreover, they are generally less specific than the straight numerical DO standards. Although chemical plant site experts see little point in "running from tough standards." the criteria do make a difference: Plans for two nonferrous metals plants in Puerto Rico are now on the shelf, because of standards that call for a 4.5 mg./l. DO, no wastes that interfere with the esthetics of the waters and other specifications. No compilation of ground water standards has yet been published. Ground water standards may prove important in the future as companies are forced to use costly deep-well dis posal for wastes. Availability of ocean waste disposal services is also looming more important. Waste Cost: The price tag for pollution control is high. A recent FWPCA study on the organic chemicals industry esti mated that water waste-treatment facilities can increase in stalled capital equipment costs 40% or more. Between '69-"73. the organic chemical industry would have to shell out S 182.5 million to remove 10% of its biological and chemical oxygen demand waste and 65% of its suspended solids. Removal lev els of 83%, 13% and 71%, respectively, for biologic oxygen de mand. chemical oxygen demand and suspended solids would require S242.6 million, while 98%. 30% and 89%. respectively, would up the ante to $608 million. Cleaner Air Establishment of air quality standards is not nearly as far advanced as are water standards. The National Air Pollution Control Administration (NAPCA) is still designanng regional air control regions. At last count. 16 regions had been formally designated and another 41 had been pro posed. NAPCA has issued air quality criteria and control ocToaan technology data for sulfur oxides and particulate matter, win follow with similar studies for other pollutants. Once criteria and control data have been issued for a pollu tant and control regions have been designated, a complicated process involving standards, hearings and implementation and enforcement plans will be initiated that can take over a year to produce standards. So far. no firm sulfur oxide or paniculate standards have emerged. But NAPCA's criteria for setting the standards sug gest they'll be tough. The oxide entena repon. for example, emphasizes that there are deleterious effects to man at con centrations as low as 0.04 ppm. NAPCA's control data reports present detailed appraisals of vanous methods and equipment, along wuh estimated costs. As in the case of water, the costs will be high, although some pollutants-mainly sulfur dioxide-will have recovery values. NAPCA is sponsoring a number of research projects to improve technology. Pollution control is being spuned by financial assistance programs (mandated by state law) now operative in the following 28 states: Arizona, Arkansas. California, Connecticut. Florida. Georgia. Idaho, Illinois. Indiana. Maine. Massachusetts. Michigan. Missouri. New Hampshire. New Jersey, New York. North Carolina. Ohio, Oklahoma, Oregon. Rhode Island. South Carolina. Tennessee. Vermont. Virginia, Washington. Wisconsin and West Virginia. (n addition, Pennsylvania offers financial aid sanctioned by administrative regulation. Several states, including Utah and Maryland have legislative studies under way. The incentives take a variety of forms. Most common are exemption from personal property taxes (e.g.. Arkansas), fast depreciation (Arizona), exemption from ad valorem equip ment and structures taxes (Connecticut), exemption from lo cal taxes for stated period of time (New Hampshire), operating loss deductions (New York); credit against state in come tax (Oregon). Quantity: The large chemical complexes now in vogue make water--and lots of it--a major site criterion. The cooler the water is. the better, for it can reduce the investment in heat-exchange equipment Occasionally, plants can manage on ground water, but usually surface water is required. That means location on or near the big, drought-resistant rivers. There are less than 200 riven in the U. S. with minimum flows over 50 cu. ft. per second (CW Oet. 5. '68. pp. 94-95). For companies whose plant needs at least 100 cu. ft/second, the list numben only 150 (excluding Alaska). Sea water is generally avoided because of high equipment corrosion costs. Piping water in is expensive. Duval, now opening a 1.5 mil lion tons/year sulfur mine in the arid Northwest area, was forced to install a 36-in.. 38-mile-long water line and a 40- million-gal. reservoir. Cost of the water supply system hasn't been disclosed, but it is estimated that the tab was at least sev. eral million dollars. The adequacy of domestic water resources in the year 2000 has recently been evaluated by the Geological Survey Na tionally, projected demand will be 173% of potentially as sured supply. Only in three regions. New England. Ohio, and the South Atlantic Eastern Gulf, will future water require ments be easily met. Economic growth may be handicapped in nine regions: Eastern Great Lakes. Lower Mississippi. Up per Missoun-Hudson Bay, Lower Missouri, Western Gulf- Rio Grande. Pecos. Colorado. Great Basin, and Central and South Pacific ROC In 00052 WATER PCB-SD0000058692 For the first time, immary of water quality standards by all 50 states. gM AJkdarmM* T>mrtMr f*T) titaambli mill Iwmii (mMmm, Otfl*r HdquIrerndnU Hedge Pouted-- Martsmm itwnaMwl mg./l.*r%)_____________________________________ ________ _______ MHMII #.0-4.5 w tze nrs.j 93* (any hrs.l 93*(ceotbtf oratar) 10% -- 2.0 it 8 It Of darteardutty, Coiar, Team uK Odor. Tarts Substanceai Only~ TMWdotfl If less amounts that xrould not render waters unsuitable /or industrial- man to N. cootlne ana proesea-water supply ourpoaoo. ladder Free from waste materials that causa unsightly or putroscont conditions or Intarfsro directly or Indirectly with Industrial uaa. Alaska 7.0-#.0 0.5 70* -- Arizona 3.5-8.a o.s 93* 3* S.O Barturtfiiftr Not to exceed llmlta of FH# Orinklng Watar Standards. Turbidity! No Impoaad yaluoa Mot would mtarfara with aauMIsnod lovols of trsatmont. Colon True color loss than SO color units. Taata and Odan Shall not unreasonably Imoalr oatfMtle considerations. Sandal No dlasotvad solids above na tural condltlona causing corrosion or scaling problems. No visible evidence of other floating aollds or sludge deposits. Ns imposed sediment loads that would interfere with established treatment levels.* Torts Substances Chemical constituents should be below concentrations found to be of public health algnlflcanos.* -- fladteecthfty: Not to aacead 1/30 of the MAC. value given for continuous occupational exposure in NBA Handbook *9. Turbidity: SO JCU (atroams): 23 JCU (takes). Colon Area from wests mate rials in amounts sufficient to change settling color enough to Interfere snth industrial use or to create a nuisance. Taste and Odan Free from wastes in amounts sufficient to produce enough taste and odor to create a nuisance or interfere with Industrial ' use. bsttdai Free from wastes that would be unsightly, putrescent, odorous or in amounts that would interfere with Industrial uaa. Teats iibsraiii.aai Free from wastes tosic to human, animal, plant or aguatie Ufa or In amounts that would Interfere with AHumbd #.0-9.0 1.0 (24 hr*-r 93* 3* S.O (average Radteactfvftyi "ftulaa and Regulations for the Control of 'onlalng for any cross Radiation.'* Arkansas Board of Health, apply. TlobMRyt No dls- section) tlnctiy visible increases duo to wastes. Colon Shall not be In creased to the Salem that it Interferes with industrial uaa. present or future. Tasks and Odan Must net causa offensive odors or otherwise interfere with Industrial use. Islldsi No dis tinctly visible persistent solids, bottom deposits or aludgs banks due to arastea. Torts Bubadancaai Must not bo present In amounts toxic to human, animal, plant or aguatie Ufa. CaNfanrta C.3-S.A 7.0-s.s (Coastal watsrs) 71.#** (fresh water) Nona that would causa ecological change or harm aguatie Ilfs (coastal waters)* 8.0 Coastal watar 3.0 (unless naturally lower) RadteesMstkyi Shall net imeed 1/10 of the MFC. values given for continuoue occupational exposure in NBS Handbook 39. TwMdMyt Free from wastes that could alter water's existing turbidity. Calert Free from substances attributable to wastes that produce detrimental color. Testa and Oder No substances that Impart foreign testa or odor. leUdai Dissolved solids In fresh water must net exceed 300 mg./l. at any time: annual mean: 179 mg./l. SottlaaBia solids must not be able to change nature of stream bottom or harm aquatic environment. Torts Subotanaear At all times free from concentrations harmful fa humans, aguatie Ufa or wild or domestic animals. Cblarbrtb 3.0-9.0 -- 93* -- 3.0 rtertaeartabyt Net to earasif 1/30 of the la--r.-weeh values in NBB Handbook 39. TurbtdNyi Must not Interfere with estab* lished levels of treatment. Cslen Wastes present must not causa aeereafabia change in color or interfere xrlth Industrial uaa. Tools and Odan Free from erastss that causa odor or sp- emits for In dustrial uaa 2.0 9* 30% or 4.0 Tarts Btrtakeneaai Free from wastes In cancantrsbone or cambinobana cufftclant to harm human or animal IDs. RartaaMMIyi Limits te be approwed by appropriate stats agency. TwrbSrtty, Calor. Tasks and Oden Nona In such quano nce that would Impair Induabiai uaa Sadder Limited te email amounts that may result from discharge of appropriately treated costae Tarts Bubakaneaai Free from chemical constitu ents in uuiiMbiti siliina or combinations harmful to human, animal or squads Ufa. bedteecMtyi Alpha enwttars limited te 1 pe/1- beta emitters. te 1/WO pe/1. Cater, Teaks arta Oden Nona In concentrations that cause carer, toots or odor. Sodda Free from unsightly and maladeroui nuisances duo te floating sellde or rludge dopoatts. Teats trtdemneeai Nona in ceneantrstiena harmful (synar. Qlatioedy or uthwwloo) te humane, floh. ahelMth. wildlife or 1.0 Rartertaor areas beta--1.000 pe/1. On obeenee of 3r40 and alpha amlttere). TurWrttyi 30 JCU. Ceken Must net render water unM far Induettlol coaling or pmcooo water auppty purpose*. Taekor Must nek render watar unfit ter InSuatrial uc phenols 0-001 martmum. beddw Olaeok as aellda must net reread 1.000 m*./1- manthty rvwaax 300 mg./1, Must be free from floating noise that are uiwlrt<tiy or delatarieu or ether westas that settle t* form putrweeant or eBlectioneble sludge deposits. Tarts Sttbstatmaa Free from wearea harmful te human, animal or 1 QuoOs Ufa. Cu. OS mg./lz Zn. 1.0: Cr, 0.00; Fd. 0.08: Fo. OJ; Ad. O0#l F. lQJfc Cn. nano tatectitli. ao ROC* 00053 WATER PCB-SD0000058693 HawaM -- Mata 4.5-ro o.t llllaila s.o-SJJ -- i --Mta biat taw odfaatlanaoia eon***! uml MM Froa from oartao or amort lot ibtoraonopfo or il or saw. 2&&- 1/10 of ta roluoo (Non by NU TMbltai fr-- tam tab oarbotaa from woolen 1 or ogrtcumiral uaa. Tama onO Oon mm In in eonla fcnaaan. animal, or manna IIf* or mot Mr mauoMil m oaoaM Mia ril] ta DrtMdng Wotor Mo oMacbonaMa turbidity that can bo *' " '. I mat- boat cauM tduoroofy altoct Induotrlal Na aaataa of othw man natural origin o# auMa baaim tlgnMcanca or mat could m* 2.0 59UU> (f3or Iwf bta. --aor o--r ma-m blot pioduoa eater. o nulaanea. toldu form unolgHby. dolebaOanooai Fraa from harmful to human. Indiana s.o-o.o -- as* o<i flat produco color, o nuloanco, (addat ad 1.000 **./>: iwunmty ovon from unoUfiby. pubaacom. dole- bJ-a.O -- M>* Ktmtmckr S.o-a.o -- fTbV* I CO-0.0 -- '.Mis**' tuaatonda! vltlbld eontroot i or that la datrtmantal to Induatnol uoo. i af aalar producing auOottncoa Umltad to cam that would not raauft In nebeaimanoro oHbt Induotrlal uoo. or motorM In omounts that to Induotrlal uoo. Taato bub- muat M molntalnod bolow eom t eraata a nulaanea. U3Q0 mg./l4 monthly hi unoJghtfy or dam- form putroscant In com U. plant Wotor ttandanji. mat impart H iM mat change to ouc dogma to to MMoi Froo crooto nuuaneo pulrooLOnt or but Intarforo plant, animal I to human, animal ~ In com None alfrom tfio dlocnargo from pmartato mafrwtt. Tide normful ROCK 00094 WATER_PCB-SD0000058694 Water quality standards r i 4J-U flr -- ^ ten infomwOon >, Catet Ha oelacmwaftlaa aufAefarrt ta Mb Oteofvad iwn) HO m*./l. Tuaiilltte mat 1&4.A -- l4i LA (MJ) -- N* rtteanagiof vaate* that prteuea color or a nulaanca. MMai OfaaotvaO lJOi *./l- monthly rraraua 750 t lorna to form atfaeUanaMa or pvtraaoarrt Oaeoaita. In oanaatentlow or aomttnaoon* J0rv;:-NitekaaM^a tejMa i U-U OlS LM.0 U IP r/ttr. ante ** W BrMtaa Water teandarte. maarfan na teahiafiW irnla of traat- a Oteat Bate attel te malntamad la ooru a aaaaa af MB or amill. totem No float- la amauata Oalatarfoua ta M Haaftn Hagula* > Oat adj. ! of Nateaaaa. te. Tnraiter No non man . 1M l norate teat. Caiart Na aaldanca of manor a aateMana- Tate ate Oten Law man r*"f far Industrial uaa: m mvx. Waannaa teWa muat not >0% tnaraaaa Olnttt 100 U4J Annual m73a-n3tjes -- 77XT (aunwaarf ' 87J* faOBB) Vftifc't i i.V u^NHMBCT*' " iV In UU - -vaec^iCMH, .jrMftei r- .,.. .,'^vi Wwa0 - Tfaelt^jv- . ~ kr.au J^gU-Cr.. S^^^{JJp35SfSteB Nan Ste ora oWanatw a human* mat WATER_PCB-SD0000058695 ) RQCta 00056 WATER_PCB-SD0000058696 Water quality standards v-; i IMj _ jc _ . -- . _ U4J -- ONwr Requirafngnfs "a* mom 1 /30 af UK. raluaa tor eorv winua in MU Handbook . TurMdtty, nonto that mind changa aiUitJng turbidity crooko ouMlo nuManca or intarfara with aad_0dart Na aaataa a amounts drat mold M. oMm No Noadna mataa that ara * ar that trmrtoro w*th MduatriM uaa: r waataa that i to term inaightfy or adoraua akrdaa or bottom oaooaits. (obotMooa: Na mane In eoncamndona ar csmMnadona la human, animal, plana ar aouada Ida or dwt would r IS (1 *rV by aparoortata atata apaney. Nona m coneomrationa that No floating aollda. aludpo TaMa tuOaCanaaoi No ehomrcsi Con or eomMnadona harmful to human. S.0-9.0 (mmpa a Mar as *J> -- M**(untaas naturady M0IST) No euddwi t.0 cflanma tftat eouM ham 2.0* (da>ir tl-U U 70* CaMr. Taaka and Odart Na mataa that changa aviating color ar pnaduaa odor to aucfl a doors, as to Croats a nuiaanc ar iMarfars with Industrial uaa. SaMdai Na hoadno waataa that ara unaightly ar eraoao a mnaanca ar ottiar waataa that aattio to form unMphdy. pudaoeont ar odoraua aoooaits. TaMt SuM ataaaooi Ns vaaaaa In oonrancraUuiio or eomMnadona that otsrld Inaacfais airaedy ar Indlracdy with induatrtM uaa. that could n 10 JCU Olaaolvad. .IW VlrgMa Proeaaa Sco.fMt-em.0 s.o5!o *C*o*o(N"nVartn- r/nf. (Pac. **> us s.o-o.0 Ql> 1.0 2.0 (d IMi -- 4* r (ar srsrafc 4.0 Nono that la ablarttnnoMo. To In vtcinNy of tho watar. No oMaottona No idadnctty vlalblo of unroooonabto kind or aJudoo banka, tartalo polaanaui tasta a nulaanca, Saflda 0<a1.000 mg./!.; dally oyorago! 7J0 osota aubotancaa In amount* to Croats Norao In eaneontndont or com > or of puMto hoaldi tlgmAeanca. 1/30 af Ntt Handbook U valuta. IS JCU abawa natural (whan turbidity id ISO JCU dr laoa): amorarloB, nw mors than 10% tlxm natural. Catan Caaandady fraa af waataa that vtaJMy altar natural color of wotor or rnioort caMr ta --It or otnicturoa. Toaao ona OOor. Caaandady fraa tram auoaaancwa that would produca oatactaoia odor at arts af uaa. OaddM ftaantlaPy fraa from nesting or aMiaa that ara idwnhdy or aatdo to form aluogo. ~ * TaMa Odbotanaam Fraa from touc to human. ft - hah Mutodmol waota oourcaa. at my pabtttfwdunutdia gtoan tuaarn roach highest of ItaMmMF _ Unrta;pc/1. liter. liariM Watar Quality OM a Panda tfaUaSM WafiTiTiidailaa. ona a Oladk.1 big ona lawmitt--------------- ------- .. ,. _ - - u-td-. a-t-o--m----h--u--b- I--a--n--u- -.--*-C----g--r-a--s--s-*-,detail, bottom doeoms. poadekloa aooctfic eon- notraudoa. lama aaatm oat aoddardi tar each attaam roach or rkrar basin; in This roprint it an oxcerpt from tho "Plant Sites, '69" report that appeared in the October 29.1969 issue of CHEMICAL WEEK Copyright 1969 McGraw-Hill, Inc.. Hew York, H.Y. This article may not be reproduced without permission. ROC* 00057 WATER PCB-SD0000058697 Monsanto MONSANTO INDUSTRIAL CHIMICALS CO. 800 N. linflhorjh Boulevard St. Levi*. Mlftoarl 83168 Phone: 014) 684-1000 January 31, 1972 Dear Sir: We are writing to tell you that effective June 30, 1972, all Pydraul fluids will be a new formulation. We have decided to stop using polychlorinated terphenyls as a component in our fluids. Our new fluids will contain no chlorinated components. In order to make a smooth transition to the new Pydraul fluids, we will continue to manufacture fluids with the current formulation until early in the second quarter of 1972. At that time we will begin phasing in-the new formulations and phasing out the old. We expect to complete this transition well before June 30, 1972. In the meantime we will make every effort to contact each of you, our customers, individually. We would like to work out with y6u the details of this transition so that it best satisfies your needs. Yours very truly. Howard Bergen, Director Specialty Products Group Monsanto Industrial Chemicals Company lb unit of Men,onto Company ROCW 00105 DEFENDANT'S EXHIBIT 3 WATER PCB-SD0000058698 Monsanto MONSANTO INDUSTRIAL CHIMICALS CO. 800 N. Lintbirgh 8oul*ytr St Louis. Missouri 83I8S Phons i3!4) 894-1000 March 15, 1972 Osar Sir: Confirming our previous letters on the Pydraul reformulations we will begin shipping the new Pydraul products, as present fluid inventories are depleted, within the neact 30 - 60 days. How soon you begin receiving the new formulations will depend on the inventory in the warehouse in your area. Attached is a list of the new Pydraul products along with the present Pydraul line being replaced. The new Pydraul products are compatible with present fluids and with seals and packings in your Pydraul systems. Pricing on the new products is competitive with the present Pydraul line. We you for your cooperation during this changeover program. As in the past, it remains our desire to serve you with the best in fire re sistant hydraulic fluids. Should you have additional questions regarding the new Pydraul line, please contact the Pydraul Fluids Specialist in your area. Yours very truly. Howard S. Bergen, Director Specialty Products Group Monsanto Industrial Chemicals Compa lb unit o* Mentinto Cemptny 00l7 8 ~ DEFENDANT'S i EXHIBIT f ..., v.. WATER PCB-SD0000058699 SELECTOR 1 CONVERSION OLD PRODUCT NEW PRODUCT PYDRAUL 60 PYDRAUL 10 E (SAME PYDRAUL 150 A PYDRAUL 29 E LT PYDRAUL AC A Winter Grade PYDRAUL 30 E PYDRAUL A-200-B PYDRAUL 50 E PYDRAUL F-9-A PYDRAUL 50 E PYDRAUL AC A PYDRAUL 90 E PYDRAUL 625 A PYDRAUL 115 E SELECTOR 2 PYDRAUL 135 A PYDRAUL 230 A PYDRAUL 312 A PYDRAUL 540 B PYDRAUL 230 C PYDRAUL 230 C PYDRAUL 312 C PYDRAUL 540 C rqcw ooioa WATER PCB-SD0000058700 SELECTOR 1 CONVERSION OLD PRODUCT PYDRAUL 60 PYDRAUL 150 A PYDRAUL AC A W Liter PYDRAUL A-200-B PYDRAUL F-9-A PYDRAUL AC A FYDRAUL 625 A NEW PRODUCT PYDRAUL 10 E (SAME) PYDRAUL 29 E LT PYDRAUL 30 E PYDRAUL 50 E PYDRAUL 50 E PYDRAUL 90 E PYDRAUL 115 E SELECTOR 2 PYDRAUL 135 A FYDRAUL 230 A PYDRAUL 312 A PYDRAUL 540 B PYDRAUL 230 C PYDRAUL 230 C PYDRAUL 312 C PYDRAUL 540 C ROCW 001015 WATER PCB-SD0000058701 Monsanto MOMSANTO INDUSTRIAL CHSMtCALS CO. 900 N. Und&trgh Boultvtrd St. louii, Missouri 93168 Phone (314) 994*1000 August 3, 1973 Dear Sir: In February, 1971 we announced the reformulation of our Pydraul" industrial fluids to eliminate the use of poly chlorinated biphenyls (PCBs) as components of these fluids. Since then we have reviewed our formulations and taken further steps to remove all chlorinated compounds from our PydraulR fluids. Pydraul^ fluids containing chlorinated materials have not been sold since mid-1972. Recently the Food and Drug Administration published in the Federal Register (Vol. 38, No. 129, pgs. 18096-18104, July b, 1973) a final rule-making order regulating the sources by which polychlorinated biphenyls (PCBs) may contaminate animal feed, food, and food-packaging materials during manufacturing, handling and storage, and limiting the levels of PCBs that may be present in animal feed, food, and food packaging materials as a result of unavoidable, environmental contamination. Attached is a copy for your use. Because you may have purchased PydraulR fluid prior to our changeover activities in mid-1972 which may have contained PCBs, you may wish to review your procedures and inspect your facilities at this time to insure that your operations are in compliance with the new regulation. To assist you in any investigations you may care to conduct, I have attached a list identifying the PydraulR fluids which contained chlorinated ingredients and those which do not. Proper disposal of chlorinated materials requires high temperature incineration. Monsanto has Installed a facility at its Sauget, Illinois plant and has made this service available to its customers. Information relating to this service is attached to help you should you decide to dispose of such materials in this manner. unit si Msnisnto Company ROCK 00070 1 DEFENDANT'S I EXHIBIT \,______51_ . WATER PCB-SD0000058702 2 Our current line of Pydraul^ fluids which do not contain chlorinated materials do not require this method of disposal. I hope this information is useful to you. If I can be of further service please let me know. /pep Enclosures Cumming Paton Product Manager Fluids ROCk 00071 WATER_PCB-SD0000058703 fyprauAluids which contained chlorinated ingredients Pydraul** 90 PydraulR 135 PydraulR 135A PydraulR 150 PydraulR 150A PydraulR 230 PydraulR 230A PydraulR 280 PydraulR 312 PydraulR 312A PydraulR 540 PydraulR 540A Pydraul 540b Pydraul] 625 1 Pydraul' 625A Pydraul' AC Pydraul AC-A Pydraul AC-A Winter Grade Pydraul AC Winter Grade Pydraul A-200 Pydraul A-200A Pydraul A-200B Pydraul' P-9 Pydraul P-9A CURRENT PYDRAULR FLUIDS (DO NOT CONTAIN CHLORINATED INGREDIENTS) PydraulR 10E (formerly PydraulR 60) PydraulR 29E LT PydrauIR 30E PydraulR 50E PydraulR 230C PydraulR 65E PydraulR 312C PydraulR 90E PydraulR 540C PydraulR 115E . PydraulR MC (formerly MCS 1330) ROC* 000 72 WATER PCB-SD0000058704 Monsanto MONSANTO INDUSTRIAL CMCMICALS CO. 800 N. Lmdtfrgh 8oulvrd St. Louia. Miuouri 83188 Phone (314) 894-1000 INCINERATION SERVICE FOR FYDRAULR FLUIDS This will confirm our conversation concerning Incineration of your fluids. Enclosed are pre-addressed drum return labels marked "Disposal Only". The drum contents must be clearly Indicated on each label. To prevent leakage, please use return drums which meet DOT 17E specifications (55 gallon drums, 18 gauge, 2 bung head; 5 gallon drums, 24 gauge minimum). The outside of the drums must be clean, free of fluid and not leaking. Cleanup or other costa affecting the carrier which are related to fluids leaking from drums will be charged to the shipper. Please show Monsanto Identification Number on the bill of lading and on each drum. The freight classification Is Hydraulic System Pluld other than Petroleum and the release value Is 504 Per pound. Please ship all drums freight prepaid to: Monsanto Industrial Chemicals Co. Department 246, Incinerator Sauget, Illinois 62201 O Incineration charges for Pydraul fluids are 54 per pound. Please advise If you want us to Invoice these charges against a specific purchase order number. KQCl* 00073 unit of Montinto Comotny WATER_PCB-SD0000058705 Solids such as sawdust, rags or sludge and aqueous fluids cannot be handled in our incinerator. Por these materials we suggest you check local authori ties and your own environmental department for an approved disposal method. Personnel in our Sauget, Illinois, plant have been Instructed to refuse receipt of drums containing these materials and to return them to the sender at the sender's expense. Thank you for your cooperation. If you have additional questions, please phone me (31*0 694-3354, or contact me by letter at the above address. Sincerely, Enclosures w. N. MADDOX Supervisor Customer Service Center ROCW 00074 WATER_PCB-SD0000058706 FRIDAY, JULY 6, 1973 WASHINGTON, DX. . Volume 39 HumNr 229 PART II DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE Food and Drug Administration POLYCHLORINATED BIPHENYLS Contamination of Animal Feed*, Foods, and Food Packaging Materials and Availability of Supplement to Environmental Statement on Rulemaking ROC* 00075 WATER PCB-SD0000058707 18096 RUIB AND IIGUUTIONS Tltl* a Food end Oruga b. Oue comment argues that electrical stances for use in tha manufacture of CHAPTER I--FOOO ANO DRUG ADMINIS TRATION, DEPARTMENT OF HEALTH EDUCATION. ANO WELFARE . SVCHAPTER A--OOMRAL SUMHAPTIR B--nOO AMO FOOO FMOUCTR capacitor* and transformer* thould b* exempt from the requiresact that new equipment and existing tqulpmeni la tabllshmsnts engaged In ths processing of ammal feed, human food, or packag ing materials shall not contain PCB'a, food-packaging materials end. to ths extent necessary, to previt contamina tion of tha packaged food product with these substances. Therefore, th* regula tion precludes ths necessity of establish ing tolerances for ths packaged food POLYCHLORINATED BIPHENYLS (PCS'*) since uo known substitute Is areliable product. Tha Commissioner agrees, how Contamination of Animal FeedA FowfA and Food-Packaging Materials In th* Fxoxesi. Raoona of March 18. 1972 (37 PR 3708) a notice of propoeed ml* mtfrlny vu pubilitod tot aourcaa by which polychlorinated bi phenyls (PCB'a) mar contamlnata ani which offers tha proper balance of char acteristics (#.*,, fire safety and design efficiency). in support of ths comment, it is stated that both capacitors and transformer* era constructed In seeled metal cases and are not normally In stalled tn equipment or loemud In such a TM"n as to b* in direct contact with ever. the clarification of the amendment Is needed tn order to be consistent with regulations which permit ths presence of what oould otherwise be regarded as poisonous or deleterious substances at levels that have been proved to be safe la food-packaging materials. Therefore, the order is amended in 1 121.2346 by mal lead. food, and food-pecksgtng ma- th* material being processed. Tha Com-, adding the phrase "except as provided terUJ* during Bu&uftcturl2ifv httid21ngf mtmnnar of Pood and Drugs agrees that In regulations promulgated under Sec tad Jtoruv, tad th* level* of PCB'a that map ba preaent tn animal food. food, and food-packaging mafarlala aa a rerun of unaroldablA iviron- mental contamination. Tha notion pro vided for tha flllnc of comment* within there should ba an exemption far ths safe us* of PCB'* In electrical eapaettora and transformers. Tha Anal order has bean amended In 1132.113(c), 13-92(0) and 1122.4(b) (3), to provide an exemp tion for electrical capacitors and trans tions 442 and 409 of tha Federal Pood. Drug, and Cosmetic Act." 3. Part lit. Th* notice Included the proposal to establish temporary toler ances under Section 406 of the Federal Pood. Drug, and Cosmetic Act for un 80 dapa after tha date of publication and formers. ' avoidable PCB residue* tn animal feed, thla war extended to July 16. 1872 bp a e. On* comment contends that aa certain foods id food-packaging mate notice published Map If, 1972 (37 PR effective date of 90 days following publi rials as a result of environmental con 10003). cation of tha Anal order should bo estab tamination. In response to tha notice, ninetr-thraa lished tines thla Urns period would bo a On* commit recommends that a comment* were received from membare required for th* modification of existing saro tolerance for FCB's in foods and of industry, trade aaiociationa. oonrumer plant equipment to accommodate PCB feeds should be established. The Com groupa and Individual consumeTM. replacements. Ths Commissioner con missioner rejects this recommendation The following, la a summary at the cludes that there is no Justification for Animal feeds, certain foodA sad paper provixiona contained In the notice and extending th* effective date and the final food-packaging materials contain PCB's the comment* on thine provided* re order establish** an effective date of 30 which, under present conditions of in- ceived bp the Pood and Drug Admlnie- days from the data of publication In th* ronantel contamination, sxw unavoid- trftioa: Pretest Raazsrxs. ablA Currant toxicological Information 1. flection* 3J3, lit.*, and 11SJ1J. Th* d. On* comment contends that with doas not support tha necessity of estab notice Included provision* which would. the replacement of PCB formulated heat lishing aero tolerances far these article* prohibit th* ua* of PCB-oantatnlng oa- terlala and equipment In feed, in exchange fluids with non-PCB fluids, soma level of PCB residua is likely to re In order to protect public health sine* human expoeur* to dietary source* of food, and In food-packaging material main In certain equipment. Therefor*, FCB's is usually sporadic, non-system- manufacturing, handling and (tonga establishment*, in order to preclude di th* commit continue*, tha Pood end Drug Administration should Initiate Aod oeaulantL TbM "fix&ltt'* rasp tolerance* being established will rect. accidental PCS contamination at animal feed. food, and food-packaging studies for tha purpose of establishing a finite allowable residual level While it provide th* assume* that significant PCS levels art not contained In food and materials. a. One suggests that dace most industrial chemicals can ba inter preted to be "harmful or deleterious", tha phrasa should ba delated as a crite rion for PCB replacement. The Comxnta*' sloner concurs with the phraee "harmful or deleterious", the tuslclty and other characteristics of fluids se? lected as PCB replacements nuts* be adequately determined ao that tha least potentially bassrdone tapis remit la used. In --h-t this determination with meet to a given fluid, should be given to (1) Its toxicity; (V tot mmaum tbil ooold to spilled onto a given quantity of food before It would b* noticed. taking Into account it* color and odor; (3) pnadM* dyvloM to tb* *qyipn*Bfc to to* dlcata a lorn of fluid, ate.; and (4) tta esvironmantal rtabilltp and tendency to (urriva and ba concentrated through tha food chain Tha judgment as to whether a replacement fluid is anifloientlp non- hazardous la to be mad* on an indi vidual Installation and operation basis Accordingly, tha appropriate amend ment* have been mad* tn 1138.113 (b> (3) is true that eom* residue of PCB may re main in certain equipment, if the change .is made in a reasonable miner and m good faith than should not be significant iiuncantratinne of PCB remaining. With out additional data It is not possible to eat any specific limit for PCB concentra tion in the equipment fluids. Further more, tha cmwh-<--|--n-- baa determined that no reasons exists for PDA to Initiate studies to dstaralne the extant of ratedual levels of PCB'e in heat exchangers or *T --***** for such residual material at thla tint. 2. Section U1JS44. The notice in'Chldftd Ift ENMmfeiffWt to tto cdittsc food eddittv* regulations (31 CTO 121. 3242) so as.to exclude from ua* la foodpactmteag material* pulp from reclaimed Abacs poisonous and deleteri ous substances which may migrate to, the packaged food. a One commit contends that tha languaga of tha amendment is Incomplete me* it does not establish a limit or toler ance for poisonous or deleterious sub stances. such a* PCB'a which may ulti mately bo found in the packaged food product. The Commissioner rtliigrste be that human exposure to PCB's from dietary sources will be maintained at safe and minimal levels. Zero tolerances, therefore, are unwarranted and would unnecessarily deprive th* consumer of t portico of his food supply end disrupt th* Nation's food distribution system be- eaaas a portion of flsh. poultry, eggs, and milk and packaging .used for food would be violattvA b. A consumer group's commit rec- cmnrted lowering tha PCB tolerances for humi foods by a factor 5-10; while another comment recommended that the tasnporary tolerance* should be based on trrrtffological data which would allow a level that is deemed safe rather tin el- loir a level that no be reasonably achieved. Tha Commissioner disagrees with both recommendations. Section 406 of tha act, which la the authority for es tablishing tha temporary tolerances lor PCB'a states that whar* ths addition of a poisonous or deleterious substance to food cannot be avoided the Secretary shall promulgate regulations `limiting the quantity therein or thereon to such ex tetri as ha finds necessary for the protec tion of ths public health", and also spe cifically states that th* Secretary in (21 CPU 138.113(b> (2) >, 11.93(b) (2) (21 cause the purpose of 1121-2342 la to setting such a tolerance shall take into CPR 3.93(b) (2)). and 1122.4(b) (3) (21 reculata ths ui* of reclaimed fibers con account ths extant to which use of the CTO 132.4(b)(2)). taining poisonous or deleterious sub sahstance "cannot be *voided". The fact npaut taomte. vol as. no. ua--fsioay, iuu e. itrt ROC* CGC76 WATER_PCB-SD0000058708 XUIB AMO II0UUT10MS 18097 that tha tolerances an termed "tempo incident). Btaea PCS'! probably hava a vironmental contamination, which aa a rary" la recognition that, tn tha future, long biological half-Ufa tn man. an alter practical matter an presently unavoid than should ba laaa PCS contamination native toxicological analytic at tha bn* able. Those foods, for which temporary which "cannot ba avoided" and tha Cob- QUA dltft BA| bt bind CD UM IMUIft* tolerance* are being established, include mlaaloner la authortead to reduce tha Uon that Ingaatad PCB'a would centlnua milk sad dairy products, poultry, eggs, tolaraaca lavala accordingly. Tha tempo to accumnlata la tlaauaa for a lent fish, and Infant and Junior food. Infants rary tolaraaca lavala an baaad on aa period of Uma. fltnoa 3.000 mg was ra* and young children "" a greater analyst! of loiaul "<* hvsiaa toxloo- ported to be tha avaraga total dost cart amotmt of food par kilogram of body lotlcal data and data oa tha occurranoa ing aa affact la tha Japanaaa, It la possi weight end thereby have a proportion of PCB*i in tha food supply aa follow: (1) 4***iai toxicological data. Data from lona-tana *nimi itudlaa ara avail* abla to ahow that tha no-eff#ct laval in ram and doca (for PCB'a with 40. M, and M pareaat nMnHwitfam is io parta par ble that 300 mg total' dosage PCBt (applying a safety factor of 10 to 1 as above) may ba tolarsted over a much mors protractad period of that without overt advene affect U dally tapuaura la held to ""(">* lavala. It would taka 33 ately greater exposure than do adults. A separate temporary tolerance for in fant and Junior food, therefore, reflects tha poesthlUty that uadastrable ex posures could remit If combinations of certain PCB-conlaminated foods com milllaa (ppm). Employing a 100 to 1 months at dally tngastlon of 300 meg at prise a major portion at this age (roup's aafatr factor, tha "no-affact" laval for PCB'a to arrive at a total tngwtlm at dial la order to the overall man would ba 3.0 mlerocram (mcg>/kfio- 300 mg. This would permit tagstiton of dietary Intake of PCB'a, Individual mm (hr) body welgbt/day baaad oo 4 meg/kg/day aa derived front a 70 kg sources of PCB contamination must also data drived from dogs, or 3 meg/kg body- man. Since tha lowest total does pro ba appropriately minimised. PCB's bar* welgbt/day from rata. Tharafora. baaad ducing aa affect la man wee BOO mg, a bam shown to occur to packaged food oa long-term jtudlee, tha allow* analysis Isads to an allowable as a result of the PCB ecQtaminaUoc of able laval of PCB lncaatloa In man would protracted insertion of 1 meg/kg/day as paper food-paekagiag material! Llmi-. ba appmrtmataly 170 meg/day for a 70 derived from a TO kg man. tstires on the levels of PCB's in paper kr ladtrldnaL (3) Hama* toxicological data. Homan (3) Dixtart loams at PCB'a. Iha re sults of PDA total diet studies for fiscal food-packaging materials are. therefor*. lMOMWy ft BlfiftSltt ft# tnwmt intoxication with Kanachlcc 400. a PCB years 1070-1973 show thatqaantitativeiy PCB'a which may migrate to tha pack manofacturad In Japan with 40 parcant measurable ratiduas of PCB'a ara equiv aged food. Ones PCB'a can be trans chlorta* waa notad whan a baat ax* alent to sn-lntaks of approximately 0.00 mitted to and concentrated In edible ehancar laakad fluid Into rice oU and meg/kg/body wtight/day (or 4J meg/ a# fOOd*DFOdHCftff tQ waa consumed by Japanaaa famines hi day for a 70 kg man). Because at tha tasting PCB cwnfsmtnafod feed, animal 1000. About 1.000 people wan avantnally sensitivity at tha analytical methods feed represents source at PCB'i iffictid. Typical flndt&ci ft* used. PCB'a may ba present at levels too ft ft# food supply. Tiffin**4*"* oa ft# eluded ehloracne and lncraaaad plgaua- tatVwi. vlaual Impairmant dua to hypar* Mcntton of tha Ifathomlan and OftBld ooatwolnt--Mvaat --IHiitlWIfl thli Included ***i"< pain and disturb- low to bo detected. If lower levels could be measured, the dietary intake of PCB*s from tha total dtet rtudtee would pnbably show aa tneneae B should b* noogntmrt. howaver, that la ran tnetaitcm levels of PCB'a la feeds and ani mal fasd compensate are necessary, therefor*, to tha frequency and of PCB raaidaas m foods of ODtflUi Offlft&e ancaa In ttvar function. a faw bablaa soon paopla could hava men ayetamattn The Commissioner concludes that tha wara bon with dacnoaad birth weights exposures to PCBt to foods than those ftnpowy ftl#nae#t MftbU#h#d and akht dlacoloratlcn which ilowly n* expected by eating a moderately wall will protect tha public health from gramad aa tha ehlldran grow tn daa. balanced diet soch aa reprenetad by tha peak ba food, but centime that tha although tha growth rata of mala* ap* total diet sample* Hence, then 1* a need teaapomry tolerance* are not to be con paand to bo aomawhat ilowor than nor* far mfatmls&g potential human expo- strued as "guidelines" permitting the maL Adult patUnta had protractad rom Th* total diet atadtae Indicate that Uon of foods containing these clinical itlaaaaa with vary alow rogxaaam PCB'a moot frequently occur tn tiw food of PCB's on a regular and con- of symptoms and signs. guggaatlng alow composite consisting at meat fish and Purthar, tha temporary tol- matabollam and excretion of thla PCB hi poultry (sxpsrlaaeo has shown that: wtn ba lowarad as experience tn- human*, probably Involving a leng bio of tha PCB retiduaa tn Udi that lower levels can be attained. logical half-Ufa. Bxpuaun lavala to tha are in fish and. to a lansr axtant - OM MUMlt MWW.fMB.il ftt VH* oil wan calculated to `it****11--** an tha average, 1S.OOO mg par day. The cA itaalf wag nportadly eontamlaatad at a laval of abort 2,000 ppea. This laval an* derived tram the known orgaale chlorine content of rlca ofl ralatad to tha known organic chlarlna eontant at 400. iha avaraga total dec* at poultry) and tn tha food ccaaportts con sisting of grain and canal prndneta (exparianee has shown meal at tha PCB raslduas In this ompoatts are derived from paper packaging materials). PDA's food survafflance activities have shewn that PCBh alae oce la dairy prodaetB. eggs, and packaged foods, tn addition to Imq# fyttfrp ft pn#uaft vqsmd who bseeet feed their babies to rmtrlct their iataka of flah to spaclm that have been thoroughly monitored by H1A and found to be ontfotmly within the temporary totannea. The baste tor this reeommen- dr*1--n is that consumption of PCB-con- tote*nn nwaoi ftm thn| mhtttf Oft#T earning aa oSCet la tha Ji reported to ba 34)00 mg. Tha haaaa data publlahcd by Xaratma. at at, Fofcaofea Acta. Mad. 33:117 (1371) artaMWtad that tha lowaat level ef PCB that pro* ducad an sffaet hi man (using a 00 kg man) waa 000 mg uaiaumad over a pe riod at 00 days at a rata at approdmatdy 300 megykg body welgbt/day. Tha sffaet laval waa baaad o aymptown rath* than --rtU chemical taats that might have (tratad team affects at evan Vowar lavala. Employing a safety factor of 10 to 1 to go from an affect laval ba man to a par* mlmthla no-affact laval hi man allows (4) Temporary tolerances far pert. TMug tha lww*" toxicological data de scribed above, pda eonetadn that fer tha short term, baaad an tha lowest total producing aa effect and srtlnistsd half-life of PCBt. entrant levels of PCS'* la tha diet rsptevent ne tminsillatt hasard. This Is also ferns for the average total does eaotiag an affect In tha Japanese for long-tana eipowire. However, baaed oa tha aaost ssualUr* "Jspanase patimtt" (La-lowest total don producing an affact), tha peatihUtty at potential long-tana hasard* tatas reduction of the levels at PCB'a ba foods, saw remit In transfer end storage ol ftftdiMi ft hflBM which la turn, the eomaunt contends, would prssmt a hasard to breast fed babies. The Commissioner concludes that such a wanting Is not warranted. On the bails of ITlUlhli hat Umltod BlonlftrtD# dot#, most of which la unpublished. It eppears th#i O* ?W U--lfl to hnmnii mfllt WOUid csnemUy bo .leas than sppradautely 0.04 ppa (whole product heels). Anal ysis of available toxicological data in volving uiulUgensmUcn reproduction in ret Indicates that this level &# imsMdftte hoard ft liifiati. Purthermor*. this level la substantially for an mgaatlwi of 30 meg/kg body food as soon as possible, In tha Interim, laa than tha laval of PCB'a PDA win per walght/day; or 1.4 mg/day fer a 70 kg temporary tolerances an neeamiy to mit In tha milk of dairy cows. Tha tem man baaad on a total parted of axpas&n limit huaaa axpoaun to those foods that porary tolerance being eetehllshed for of 00 days (equivalent to tha Japanaaa may PCBt nenltlny from en milk la 11 ppm (fat basis), which is mast uoura, voc is, no. lie--femar. jmt *, lvn ROCW 00077 WATER PCB-SD0000058709 18096 RUMS AND IIOUIATIONS quirkiest to 0.1 ppm (whole product one temple of mfikln 830 tasted con tata* acceptable levels of PCB's. Irre buia). Therefore. a public warrdng u tained more than 39 ppm PCB la the spective of whether the whole n--m- is recommended la not aupportad by tbo fat. La* 09 percent of the total ma consumed or the fat Is consumed as a scliUflc tecta available at thd time. ples. Evidence also indicates that higher separate food. Ona comment racommaoda clarifl- levels may be gnerally attributed to A Section 113.10(a)(1) and (#). The cation of tha term "PCB's" to aa to avoidable sourcaa of contamination, notice Included the proposal to establish distinguish between PCB-compounds of such as the use of PCB costing! hi temporary tolerances for PCBh In fin- different chemical composition. Hu diary farm (Hot which caused PCB con Isbed animal feeds at 03 ppm and ani baaia for thd comment la the fact that tamination of allege for diary cows with mal feed compound (including fish FCB'a are mixtures of chlorinated bt- subsequent transmission of PCS'! to the meal) atS ppm. phenol compounde. Each component of milk of these cows. a. One comment recommends that the the PCB mixture la a apeclflc chemical b. One comment recommends the PCB term "finished animal feed" be changed compound haring the basic biphenyl tolerance be expressed an an "as d" to "complete animal feed" since some moiety and one to ten chlorine atoms. bead because the fat content of dairy finished feeds are further mixed with There are 300 different chlorinated hi* products varies and them foods art con gratae, by-products of gratae, and other phenyl compounde. Each component of sumed "as is'*. The Cammdslonar re feed ingredients of plant origin before manufactured and aold In the United jects this recommendation. The butter- feeding. The Commissioner agrees that Statee under the reglatered trade name of fat Is generally considered the most val certain finished feeds such as Arodor. followed by e four digit number uable constituent of milk. PCBh are fat feed concentrate*, premizes, and supple <te_ 1243: 13a; 1394; etc.). The term soluble, and lndhe manufacture of vari ments-often contain high levels of PCBh Arodor elgnlffee that the product eon* ous dairy products from milk, remain at because they consist of a high percent date of chlorinated biphenyls. chlori a nearly constant concentration In tha age of animal-derived Ingredients. At nated terphenyle, or a mixture of theee fat. The fat bead tolerance d therefore Urns of use, however, theee articles are compounde. The flrat two dlglta of the necessary to govern the level of PCB'e mixed with plant-derived Ingredients numerical part of the trade name Indi In such products In preparing some other which are not expected to nontsun PCS'*. cate the molecular type <1200 etgnlflae type of food. For example, butter (about Thus, tha final ration for the animal chlorinated biphenyl). while the leet two to percent fat) made from milk contain would not contain excessive levels of dlglte the weight percent of chlorine ing levels of PCB's below tolerance would tea's. The Commissioner concludes that <43 elgnlffee 43 percent chlorine). Since alao be acceptable slnee the PCB concen tot purpose* ct the PCB tolerance for the phyeicel end chemical propertlae of tration In the fat would bo unchanged. fftrtdfl. thx ttRB each Arodor rerr. the analytical be* harior of each Arodor win alao rary. Foe PCB reddue "i--< it le customary to determine the amount of PCB residue found tr comnarlng the realdne to e known quantity of the Arodor It meet nearly metchee when repented Into multicomponent* on e gee chromato graph. Therefore, the Crnnmtaabnar agreaa that clarification of the term "PCB" la neceeeeTT for the analyds of food, animal feed and paper food-pack* aging materials for PCB reelduea. The compilation of PDA analytical methode to bo need far enforcing the PCX toler anee that la arallable upon reqoeet can* taine metnctlone regarding this meet of the recommendation. Tha Commieslonsr doee not agree, howerer. that the tolereneae for PCB'a should dUdsgulsh between PCB-ccmpounde of different chemical oompodOon becaoee toxlcdogl- eal date do not support the nied to establish eepemte tolereneae for eeeh Arodor. Thenfon the tempceery toleraneae will apply to the term "PCB" Ir respective af whleh Arodor or mixture of Arodor is premnt as the ccrternInant 4. Section tlJJO(a) <l) end a). The nodes Included the proposal to eetnhlMt a temporary tdarancs for pcSfe la milk and dairy products at 33 ppm (fat bead). a. One rnmment recommends that since PDAh prevtotd action lard for PCB's in milk snd dairy products which wee set at M ppm (fat bead), wee stated as adequate for protecting pubUe health. thB tBBQni9 tokfiofii for milk tad dairy products should bo kept at the same lord. The Ownmdelcner ccrrtnrtm that there d no hddfleeden for raising tb* pnpQHd tolMBM fruu il ppn id ppm in the fat of milk and dairy prod* nets. The 3J ppm temporary tolannee takes into account current tortoolegteal data sad the lord of PCB raetdnae that 9. Section 122.10(0) <3). The notice In cluded a proposal to establish a tempo rary tolormnoa for PCBh hr poultry at 99 ppm (fatbade). a. One recommends that since PDA's previous action level for PCS'! hi poultry, which was set at 9 ppm on the edible tdrae. was stated as ade quate for protecting pubUe health, the temporary tolerance should be kept at that same level. The Cammddonar re jects this recommendation. PCB con tamination of poultry at levels la excess of the temporary tolerance being estab lished has been attributed to the urn of feed imntemlnetert with PCBh as a result of Industrial soddents. *4, leakage of PCBh onto feed components. The Commissioner concludes that there Is no Justification for establishtag a tol erance level that accounts for avoidable emcee eg contamtnmtlnn The tsmpo- rary tolerance of 9 ppm (fat bead) takes Into aceotmt that thla level of PCB d gBunlly tfflftvoidibli bociQM mem poultry feeds contain unavoidable PCB radduae that win transfer to and eoncentrata in tha fat of poultry. Further more. current tortoologfcal data tap- porta tbd tolerance level. b. Cue comment recommends that the totaranee for poultry be expressed cn an My W hnd|f* Blttrtrt thto fflnM Bi-- closely relate to the total PCB intake from thd food then would a toteraneo established for poultry on e "fat beats". Tit mmmkm thd ^Hfwtnfertrtiaa tf|d| although the dietary mtaks of PCBh re sulting from poultry wee eonsldand an an "as b" bads (whole tdrae) ta the development of tha tem porary tolerance level, ivrirssslng the teomoraiy tolerance an e fat bead d preferred since PCBh are fat soluble and fat derived from poultry can be umd as e separate food (ex. soups, gravis*. eteJ. "finished animal feed" Is needed rather then a change in terminology. Therefor*, the order b emended In 1123.10(e) (9) (31 CPR 13330) so that the temporary tolerance for PCBh d applicable to fin ished animal feeds, except feed cancan- trataa. supplements, and prsmlxaa. ___ h. One commit recommends e PCB tolerance of 19 ppm bo established for animal food components which are not of Mini or marina origin. Since them boa been no reported finding of PCB'i (other then the! which may be due to avoidable contamination during process tag, HMSHwy, or storage) In animal feed components such as grata* and by-prod ucts of gratae, the Commiaslcuar con cludes that* ta no need at thd dm* to establish a separate tolerance for PCB's ta thd category of enlmel feed eomponrat e. One commit recommends that tha term "animal feed cximpomti" be quail- flkA taor ttpcsNlon **tocludfcn tick* meal end concentrates, promises, and uspdnunte". The Comatadonar agrees with thd rorommidaann and the order Is amraded ta 112330(a) (0> so that the temporary tadnace for PCB's d appli cable to feed oomponits of sol- Bfti orlgfci dnetodtaf ^hm--i otktr marln* by-products) and animal feed ccnoratratas. premixes and supplements. d. The Comaddonar finds that al though there was no commit to change the propoesd todreneo laved of 03 ppm for fond end 9 ppm for food components, current infor- melton taificatee e lowering of theee col- eream laved d warrentad for the follow ing reasons: (1) Data from PDA conducted feeding stoddo show that tha proposed tempo rary todreneo 09 ppm for finished ani mal foods Is Incompatible with the tem porary tolereneae for poultry. White lg- la presently considered imaeotdebia. A The fat bada todrmnee. therefore, pro kom bMS opoBd to % diet mtfiffitrf recent PDA surrey isrselel that only vides the amurance that poultry can 09 ppm PCB's (Arodor 1394) for weeks rmmat mourn. voc it, mo. *--mnav, jiay a, im RCC* 00078 WATER_PCB-SD0000058710 ftULB AND IfGUlATIONS 18099 raalduaa ta axeaaa of 5 ppn don of PCB'a to the adlhla portion of Mbits tha use of PCB-oootalning vquip- (fat baste) tn the muaela (bruit ud thifhi, dtaaactable fat, and liver of thaw At a 0.3 ppm leading l*M tha coccmtretion at the PCS tissue residual In poultry waa tail than 6 ppm (fat basis). Date further tndleaU that coo* Unuoua feeding at Aroelor 1294 at OJ ppm from day thrao to day fortr-three post initial ur production can molt tn PCS residues only slightly lam than OJ ppm la Mve tns. (2) Date from PDA surveillance pro* (raaa and from Induatry reports Indl* cate that PCS levels tn flnlahad animal feada and In animal faad compooanta ara cenarally subetentiallr Ian than tha pro* poaad tolaranca Umlta. (a) Laat yaar PDA conductad a aurray of fl"--* animal faada for PCB'a. Tha aurray oonatatad at 1274 aampla examinations representing various categories of animal faada. Tha raaulta ahow that 4.4 pareant of tha aam* plaa eontainad PCB residues. Tha highest raportad level waa 0.1 ppm PCB tn faad Intandad for beat cattlo. The average laral for an taatad waa lan than 0.1 ppm and tha araraaa laral of tha M samples that "*'* reportehla lorala at PCB'a waa lan than 0J ppm. About 1 pareant of tha aampln exceeded 0J ppm. (b) Animal faad components of and marina origin ara expected to can tata PCB'a aa a mult of envlmnsuntal contamination. During tha pait yaar. 32 aampln of Imparted flihmaal wan ax* aminad by PDA for PCB'a. Tha raaulta ahow that about 27 pareant of tha aam* pin eeotetnod PCB mldun. Tha tilgfim laral raportad waa 0.47 ppm. hi artdlttnn. 193 flihmaal aampln of domntlo origin were axamlnad during thla period. Tha multa ahow that about 42 pareant of tha aampln containad PCB raalduaa. Tha hlghaat laral raportad waa 2J ppm and tha avenge waa lan than 1 ppm. (a) in tha fan of 1972. Industry eondaetad a aurray of tha PCB lartla in randarad ani mal by-producta uaad for faad ingradl* ante tuch aa bydrolyaad faathar maal: outl m--rf boot bimI: fata and chm: and poultry by-product maal. Tha multa of thla aurray which waro puhUahad ta "Peedatuffa." Issue of July s. 1973. stow that of tha 432 aampln tasted. tha Ugh- eat laral of PCB found waa 1J ppm la fat and gmm. Tha arango PCB laral far tha aampln taatad wu lan than 1 ppm. Othar date that tha RA has rantrad an tha lorala at PCB'a ta randarad 1 by-producta anntHHy confirms tha re- aulta of thla tadmtay aurray. Thanfom on tha bona of tha abort, tha Cemmla* denar eondudn that arallabla tndanea requires and Justifies a raduettan te tha PCB tolacaaen far faada and animal faad eempenante Tha erdar la thua amandad tn 112340(a) (S) and () to ntehltah tamporai7 tolarancn for PCB'a ta *"**'* faada at 0J ppm and la animal faad comparanta at 3 ppm. tngarting PCB contamlTiatad faad eonatitutn a potential haaard to kimimi purthar, tha eommant * macnabla tinea aoma pate may ba abia to aafaly oonauma lartla of PCB'a hlghar than 0J ppm. Howarar, on tha boat* of arallabla. toxioologleal information, than la insuf ficient date tor PDA to ntehllih a tolar anca for PCB'a to faad for aS typn of pate and far othar non-food producing animate. Par thla reason. atudln will bo Initiated ta obtain thla Information and. If warranted. PDA will laaua a proposal to limit the laral of PCB'a ta thla category of flwiaii faad. to tha interim, tha order la amandad aa that tha tem porary tolaranca to 1123.10(a) (9) la ap plicable ta only food-producing an1,mala. 7. faction 132.10(a) (T). The aatlea in cluded tha prapoaal to astablish a tem porary tolerance tor PCB'a to flah (adlhla portion) at 9 ppol a. one eommant neommanda that a temporary tolaranca ba aatabllahad for ahallflah. Tha commladonar agnaa with th<| blctmi alao ban bean found ta contain PCB'a aa a result of unavoidable, anrlreumantal contamination and It la alao ta tha In terest at public health to limit tha laral of PCB'a to thla food. Therefore, 1122.10 (a)(7) la amended to Include ihailflali under tha teaporary tolaranca of 9 ppm. A S*ctto* 122JO(a) it). Tha netieo tc- cludod tha proposal ta establish a tem porary tolaranca for PCB'a In infant and junior foods at 0.1 ppm. a. Oca "--"--* atataa that tha laral propoaad cannot bo achlsmd because of traeo quantttlaa of PCB'a to certain foods and to papar food-parCaging materials. Tha commladanar cencura with thla biciiiii tafonuttoB tadldtss that this laral of PCB1 cannot baarotdad and that eunaut analytical la tnaufHrVant ta enfana a talaranoa at 0.1 ppm Thanfan. tha final order la amandad by nrtetag tha tampoaary tol erance for PCB'a to infant and junior fOOdi 10 0J PP8L A Saettoe 122J$(a) (I). Tha notlea to- eluded tha proposal ta astehUah a tern- peniy tnlaranea for PCB'a to food-parIragtog matirtata at 0 ppm. a One nommant ~i- that plague and othar AOtt"pftPV ftOdapiCfc* aging material ba exatapt from tha tampormry tolaranca. Tha than la no evidence to tndlcato that PCBli ooeur to plaatia or othm nen-papar food-packaging metadata aa a mult of QSftlQldlfell wi^tfiwihifitMto |bf t&IS reason. no batia axlate for artahHahliig a tolaranca under Section 400 of tha Padml Pood. Drug, and Cbamotio Act for thaaa articles. Tharsfon, tha wording of 1133.10(a) (0) la nrtaad to apply only ta papar food-packaging metadata. Thla aant and matarlala. an appUcabla ta thorn astehllihmante engaged to the manufacture, handling, and itoraga of plastic and othar non-papar food packaging metadata. A One comment contends that no au thority mate under Section 404 of the Moral Pood. Drug, and Coamstta Act tat tha aatahllihmant of temporary tol erances for PCB'a ta food-packaging metadata. Tha CommIasioner concludes that tha establishment of temporary tol erances for PCB'a to food-packaging ma terial la consistent with tha language and purpose of Sections 403(a)(2)(A) and 404 of tha Padaral Pood. Drug, and Cosmetic Act. e. One comment neommanda tha temporary tolaranca ba applied to tha packaged food, rather than tha food packaging material. Tha Commissioner rajacts this recommendation for tha fol lowing reasons: (1) Since the transfer of PCB'a from packaging material to the food is de pendant on time and conditions of ex posure. tolerances based solely on tha food would not provide adequate pro tection to tha consumer, a packaged food analyasd at tha time at packaging may ba sntirsly free of PCB'a but by the time It raachaa tha consumer and la finally connuned it may hare accumulated con siderable quantities of PCB'a If tha packaging material ta contaminated. A tolaranca system to which analytical ire so danandant on many verl- abtaa such as Unu of sampling would not ba reasonable or adequate. (2) In order to achieve wipnn-- with a tol- armnea for packaged food, tha level of PCB ta tha packaging haa to ba taken tots account and Umlted to preclude the potential transfer of quantities of PCB'a to tha food that would causa tha food to axesod Its tolaranca level. Tha fact that tha level of PCB to packaged food ta mated to tha level of PCB to its pack aging. in affect, necessitate tolerance for both tha food and tta packaging. This would rapresent aa obvloua redundancy. (3) a tolaranca tor pack aged food would bo Inconsistent with tha Intent and meaning of section 404 of tha Padaral Pood. Drue, and Goametie Act The packaged food does not contain un avoidable PCB raalduaa. Tha principal aourca of tha PCB of packaged food ta tha papar food-pack aging material, which contain tha un avoidable --As such tha tolaraneo should deal with this article. Therefore, this aourca of food eentam- Ination should bo nu*i4 ao aa to tha levels of PCB's that may migrate to tha packaged food. (4) Fail ure ta limit tha lam of PCB'a to food packaging matarlala would perpetuate the uaa of a known, avoidable aourca of PCB of food. A One comment received from indus a. Oaa "--* neommanda that a axampBon means that aa PCB'a what- try and related trade amoclatywia arguea tolaranca of ppm ba aatabllahad for srar may ba pnaanA cither as a malt at that tha temporary tolaranca for PCB'a PCB'a la pat food. Tha Ooamadonar purposeful addition or Industrial acci ta food-packaging should ba agma to part with tha comment. Tha dental to plaatia and other non-papar deleted or postponed until: (1) quality propeaal to astabltata a telaraan far ani food-packaging matedak. Tha proridona control test procedural and adequate mal faad waa directed toward food* to tha Statement at Omani toner er analytical methnda ara developed to reg ywJucte# isibaIi bmon thi tnooiM totarpntaden under Part A which pr^ ulate production and Insure compliance. mmuu, uaum. vot aa. no. ii--moar, jutr A im ROCK 00079 WATER PCB-SD0000058711 laioo RUIKS ANO RIGUIATIONS and (3) mention rates an established clor 1343 are metabolized In biological 1133.10(a). Omitting tha methodology to taka into account barrier effects, type systems more rapidly than the higher from the regulation will permit easier of food, and package weight to food chlorinated Arodors. there Is no infor adoption of Improved procedures as they weight ratio. In response. the Commls- mation available which describee the art developed while havtng the analytical alooer finds that: (1) Although a trade association submitted data which they composition, toxicity, and fate of tha metabolic products. The absence of Aro methods readily availahle to ail inur ested parties. claimed Indicates a lack of reliability in elor 1343 residues in human and other h. One comment states that the tem analyses of paperboard material, the data failed to show that uniform tart methods were employed by the partidpatlng laboratories or that theae testa animal tissue and In the environment is not a sound basis from which to argue that no hazard exists from tht inges tion of Aroelor 1343. lbs possibility ex porary toleranca for PCB's for paper food-packaging *".--<.i, via be detri mental to solid waste disposal programs, increase food r*',tr*rl"l costs and result were performed by laboratories with ists that Aroelor 1343 is converted to al In sa Insufficient supply of packaging demonstrated capabilities In trace re* ildue analysis. Further, an interlabors* tory study conducted under the aus teration products which may be more materials due to limitations of raw ma toxic then the original compounds, but terials, and thus will significantly affect which are not detectable by current ana ths quality of the human environment. pices ot another trade association using lytical methods. Further, available data The underlying basis for this statement FDA analytical methodology, supports from chronic feeding studies with rats le the fact that PCB's may occur In re the conclusion that current methodology Is adequately sensitive and reproducible from laboratory to laboratory In order to insure compliance with the tolerance. (3) It la recognized that migration rates (actual level of pcb in food resulting from the use of contaminated packag ing) are affected by factori such as bar men. type of food, package weight to food weight ratio, and time end condi tions of exposure. Since FDA's primary concern Is not the fact that paper food packaging materials contain PCB's. but the fact that PCB's can migrate to the food from the packaging, the use of bar riers which prevent migration is an ac ceptable alternative to limiting the PCB content of paper food-packaging mater ial. For this reason, the final order la smmtorf th 1133.10(e) (9) to exempt Qrtnaf nut^riii* from with the temporary tolerance If the paper food-peckagmg material la separated from the food by a functional barrier impermeable to PCB migration. Metal cans and glass bottles are obvious examples of what constitutes a fune- tional barrier impermeable to PCB mi gration. Data from industry sponsored studies have shown that materials such as poiyvtnylldene coated paper end gias- dna can. to varying degrees, prevent or reduce PCB migration under test condi tions which would favor migration. PDA would not object to the use of flexible materials end other materials as bar riers provided there la no evidence of migration of PCB's to the food. At this time, however, there is Insufficient in formation for FDA to list as part of tha regulation those matarlals that are con sidered functional barrtete. The other factors mentioned above which affect migration rataa may also be Important considerations end should be thoroughly studied. In the Interim, the temporary tolerance for paper food-packaging materials and tha exemption to this temporary toleranca are considered nec essary to assure the consumer that pack aged food la not being contaminated with PCB's to an avoidable degree. and dogs fell to substantiate claims that Aroelor 1342 does not represent a toxic substance or that It differ* In toxicity from the higher Arodors. Ths Commis sioner concludes that the temporary tol eranca for paper food-packaging mate rials will apply to the tern "PCB" Irre spective of which Aroelor is present as tha contaminant. f. Several manufacturers and trade as sociations recommended that the tempo rary tolerance for PCB's In food-packag ing materials be """Rifled to that ths tolerance Is expressed as "0.388 meg/ square centimeter In that portion of the package from which migration to the food can reasonably be expected'*, rather than using "parts per million" terminol ogy. The Commissioner believes that this would not be a practical alternative be cause: <1) Fvpriieslng the tolerance for the weight of PCB residues in terms of unit area cf parkaging material rather than unit weight of material assumes that PCB's are uniformly dis tributed throughout the food package and that any area of tha packaging ma terial selected for PCB analysis would be representative of tha entire package. It Is generally recognized that this as sumption is not valid. (3) The migration of PCB from package material to food is ccsietdered to be chiefly a vapor phase phenomenon which la related to the con centration of PCB's in the packaging material It Is therefore not possible to ascertain which portion of the package would be expected to contribute to the PCB contamination of the packaged food. For these reesoni. It la necessary to take Into account the paper food-packaging material In lte entirety as a potential source for tha PCB Menmiwuw of the packaged food. Therefore, trprsmtng the tolerance In terms of weight at PCB's per weight of packaging material as "parte per million'* Is a practical means to measure the "average* PCB level In the packaging. g. One comment recommends that PDA Include in tha final regulation PCB analytical procedure* employed by PDA cycled paper because of tha Inclusion of some type* of carbonless copy paper con taining 8-8 percent PCB's Into waste- paper stocks used In the manufacture of recycled paper. Ths comment contends that the temporary tolerance will have an advene effect on tha recycled paper Industry and thus will cause the above environmental consequences. In re sponse. FDA prepend In accordance with tha National Environmental Policy Act of 1889 an environmental impact state ment on the ptuwxed rule making. FDA Issued a Draft Environmental Impact Statement on May 11. 1873, a Pinal En vironmental Impact Statement on De cember 31,1973, and a Supplement to the. Final Environmental Impact Statement (published concurrently vltb this order). In these statement*. FDA asserted that information on the toxicity of PCB's ne- castitatas limiting the levaia of PCB's cur rently present in <--*<" foods as s re sult of environmental as wall aa levels of PCB's in certain un avoidable sources of food contamination, l.e, PCB paper foodpack aging material#. PSA also assertsd that the pubhe haaltb benefits derived from the rale --would outwelxh any benefits that might be derived from in dustry-recommended alternative courses of action. These alternatives, which were considered end rejected by FDA aa in effective consumer protection measures. Included: (1) The alternative of not reg ulating the PCB content of food-pack aging materials: (3) Ths alternative of exempting Aroelor 1243 from the regula tion: and (3) The alternative of regulat ing tha packaged food rather than the packaging. FDA concluded In tha state ments that the rale would have a significant, beneficial effect on the quality of the human environment. FDA did, bowover, re-evaluate tha proposed level of 3 ppm a* the temporary toler ance for PCS'* in paper food-packaging materials. Data from the PDA survey of PCBh In foods and food packaging showed that the food portion of the ssmplse with 3-10 ppm In paper food packaging contained tha same raage of e. One comment state* that the estab In determining the extant of rompllanro PCB levels (0.1-0.8 ppm) es the food por lishment of temporary talaranca for PCB with the established temporary toleranca tion of the samples with 0-3 ppm In paper In paper food-packaging materials la un for paper food-packaging materials. The packaging. Samples with more than 10 warranted for public health reasons be Commissioner concurs m part with this ppm In the packaging contained higher cause available scientific evidence show* recommendation end FDA will provide levels In the food, ranging up to 3.7 ppm. that Aroelor 1343 (predominant PCB upon request the analytical methods to The Commissioner concluded that this found In paper) la not persistent and cu be used for enforcing the temporary was the only acceptable alternative mulative. and thug will not present a tolerance* for PCB's in paper food-pack available end stated In the Final Envi chronic toxicity problem. Although data aging materials and the other articles for ronmental Impact Statement that the Indicates that some components of Aro- which tolerances are established in temporary tolerance for PCB's in paper Fmut nouns. voc is. no. tie--sernar, jwv *, itn roc* cocac WATER PCB-SD0000058712 RUUS ANO MCUUT10NS 18101 food-pez-vaginy materials would be cant percentage at paper food-packagtog (e) Hie provision* of this section do changed to 10 ppm. fnii order amende IUUKD (> to reflect thla change.) Data provided br Industry how that levels of PCB'i In paper food-packaging matarlala hm diminished during Ibt past yoor to tha point that #3 percent or non *ot this matsrlal will 10 ppm or lam PCB*. Therefor*. FDA eon* dudad that tha tamporarr tolaranca a 10 ppm and tha exemption to thla tolar* material --'"t PCB* which can mi grate to the packaged food. The origin of FCB* In such material la not fuDF mdvitoode RiclilBid flbfti oofttftl&ls# carbonlsm copy paper (contains 3 to 9 percent FCB*) have been identified as a primary source of FCB* In paper prod ucts. Boom virgin paper products have also been found to nontain PCB'i, tha source of which Is genarally attributed not apply to electrical transformers and condensers pcs* la sealed containers. FART m--FOOO AfMMTlVtS X Sa Fart 131.11319849(b) Is amended by revising subparagraphs (1) and (3). as follows: 1131.2544 Palp tram raclsl--d 1W. anca for paper food-packaging matarlals to direct from Industrial Mparatad from tha packaged food br functional barrier will protact tha public, while mieimmei ar negating tha impact of tha rule --on recycling pro* grama. Furthermore, FDA Indiestad in tha Supplement to tha Final Zbviicnmental Impact Statement that It win ax* piora with other federal amides mesa* urea for Hwuntmf pcB-eontalnlnf carbonises copy paper from existing In* rantorlae. If feasible. this action would reduca tha primary source of FCB* found In paper food-packaging matarlals par* mltttna FDA to reduce tha temporary tolaranca. and eventually to eliminate the need far rttulatins thla unavoidable source at PCS'* in food. Accordlncty. pursuant to provision* at ttao Federal Food. Drue, and Cosmetic Act (sacs. 403(a). 400. 409. 701. 83 Stat. accidents from the use of PCB-oastam ing equipment end machinery in food packaging manufacturing establish ments. Since FCB* are toxic chemicals, tha FCB wwnwtMdiHi of food-packag ing materials as a result of Industrial accidents. which can cause the FCB con tamination of food, represents a haxard to public health. It Is therefore necessary to place certain restrictions on the In dustrial uses of PC8* In establishments manufacturing food-packaging mate rials. (b) The following special provision* are necessary to preclude the accidental FCB of food-packaging materials: (1) New equipment or machinery for manufacturing food-packaging materials shall not contain or use FCB*. (b> * ' (1) Industrial waste from the manu facture of paper and paperboard products excluding that which bear* or contains any poisonous or deleterious substance which Is retained in tha recovered pulp and that migrates to tha food, except as provided la regulations promulgated under sections 409 and 409 of the Federal Food. Drug, and Cosmetic Act. (3) Salvage from used paper and paperboard exeluding that which (1) beam or *""***" any poisonous or deleterious substance which Is retained In the recovered pulp and that migrates to the food, except aa provided in regu lations promulgated under sections 40* and 409 of tha act or (11) has been used for (hipping or hsndUwf uy such sub- 1040 aa amended. 1049. 1089*1089 as (3) On or before August 8. 1973. tha amended hy 70 Stat 910 and 73 Stat 940. s&ftBftfttsftQt of utibllih&nti ba&u* 73 Stat 1784.1799 as amended; 31 UB.C. lecturing food-packaging materials 343(a). 349. 341. 371) and under aa* thorlty delegated to tha Commladonar (31CTR 3.130) parte 3,131.139. and 139 shall: (1) Have the heat exchange fluid used jjj qulpont (of aiBUfietarlzif FART 122--UNAVOIDABLE CONTAMI NANTS IN FOOO ANO FOOO*ACXAO. INO MATERIAL are amended and a new Part 133 Is added, aa follows: FART 9--VTATCMENTS OF OENERAL FOUCY OR INTERPRETATION 1. The foOowms new eectlon Is added to Pasta: food-packaging matarlals sampled and tested to determine whether It contains FCB* or verify the aheenca of FCB* in such formulations by other appropriate means On or before Sept. 4. 1973, any such fluid formulated with FCB* must to the fullest extent poaslhte commen 3. A new Part 133 Is added ss follows: efegaatA--(MMMemea* PnnQoil mi* . lasnvn*H Ragulattww as*. 1334 Degnntene sod Interpretations. 1339--1199 IPlTWitl ' 3.93 JJm at pWyrhlorteaUd biphenyls (PCB'a) In -tibllahmaiUi aeefee. lerlea fun d pstksilag alarlala (a) Polyehlortnatad biphenyls (FCB*) represent a clam at tala industrial chminli "liMfpftirrt 1^4 nld o&dv ft 01 tndft tadodlnf: Arodor (United Statas); PDenorJnr (Franee): Colphan (Oarmany); and surate with current good manufacturing practical be replaced with a beat ex change fluid that does not contain PCB*. (ID simulate to the fuDeet extent poeslblo commensurate with current good manufacturing pcactldsa from the estabiuhwmw* any ottaar PCB-cootalnlng equipment, machinery and matarlalg wherever than Is a reasonable exportatioo that such articles could came food Mgait a--(BSSSSSaSSSsmKS ** ^ USJ9 Temporary tnlsrara* for polychlortasted biphenyl* (PCX's). AuTsoexrr: gas*. 403(a). 40*. 40S. 701, S3 Stas, loee as smstuia*. ioee. loes-ios* as --------* by to etas. sis aad 73 stat. sea. 73 teas. 17SS-1TM as ainsnrtsd: 31U9.C. 343(a). S4g.S4g.STL Tubpart A OaflnRIows and Procedural Kanaolor (Japan). FCB* are highly packaging materials to beeomo contam stable, heat resistant, and non-fleamahie rhemlrals Industrial uaaa of FCB* include, at did Include in the peat thatr use as electrical transformer and capaet* tor fluids, hast transfer fluids, hydrauho Adda, and Maatkimra. and in fenrala* Nona at lubricants, mMt and Inks. Thatr unique physical and chemical pmpertlae and wMeqreart. uncontrolled Industrial applications have caused FCB* to be a persletent and ubiquitous oontftniBftBt t& tfjroBBBtt eftu^ ln the contamination of certain foods. inated with FCB* etthar as a remit at normal mo or as a remit at aectdaut, breakage, or other mlshao. till) The tmridty and other charac teristics of fluids selected as FCB replace ments must be adequately datanatned so that the least potentially haaardom re placement Is used. In making this deter mination with respect to a given fluid, consideration should bo gtvm to (e) its toxicity: <b) the maximum quantity that could bo milled onto a gtvm quantity of food before it would be notieed. taking 133.1 PsflaMeee aad Inssrpratatieaa. (a) The definitions and Interpretations of terns contained la section 301 at the Fsdsral Food.'Drug, aad Cosmetic Act hen be appltcmhle to such terms when Q9Sd t& this pftft, (b) Dhavoldablo natural, environ mental. or Industrial contaminants in- ty poiaooouf or dilitcrtoui fub* stance addsd to any food where such rahetenre <--"* be avoided by good manufacturing practice. X& addition. tnrtdents have occurred in into account Its color and odor: (e) pas flubpert 8 Industrial Contaminants In which FCB* have directly ooatammated sible devices m the equipment Food and Food Fsdrsglng Material animal feeds aa a result of tmlustrial aocldsnts fleabags or glllsgB of FCB fluids from plant equipment). Them ac to indicate a loa* of fluid, etc.: and <d) Its environmental stability and tendency to survive and bo tunumtisted through 1122.10 Tiwpscsry tolsrantes for polychlerteteeJUphidyll (PCB'a). cidents in turn caused the contammetloo of food products Intended fer human tbs food chain. The judgment as to whether a replacement fluid to suS- (a) Potychlortnated biphenyls (PCB's) am tale, Industrial chemicals Beeausa oooaumptlon (meat, milk and ecss). m- tientiy noa-hasardom h to be made on of thatr widespread. uncontrolled indus vtetlgatmne by the Food and Drug Ad* aa individual innillrtlnn and operating! trial appttcatioaa. PCS* have become a mntetntion have revealed that a tignlft- I' | ms ubiquitous contaminant la rtomAL isoisTm. vol is, na its way, juit s, im RQCW 00081 WATER PCB-SD0000058713 18102 RULES AND REGULATIONS tha environment. As a result. certain 112M Egsipwast sal alasuils. that such materials could cause food to foods and feeds, principally those Of 42ld Qlftfl&A orlstn, COBtAlB PCB's as unavoidable, envtroMMCtal contaminants. PCB's an transmlttsd to the food portion (meat, milk, and ecp> of food producing ingesting PCB contaminated animal feed. In addition, a significant percentage of paper food* packaging materials contain PCB'S (a) General. All plant equipment and utensils should be (1) suitable for their Intended use, (3) so designed and of such material and workmanship as to be ade quately cleansbit. and (2) property maintained. The design, construction. irs use of such equipment and utensils shall preclude the adulteration of food with lubricants, fuel metal fragments, become contaminated with PCB's either aa a mult of normal use or as a mult at accident, breakage, or other mishap. dr) The toxicity and other eharae- torlsdee of fluids selected as PCB replace ments must be adequately determined so that the least potentially hazardous re placement is used. In this deter mination with mpect to a given fluid, which mar migrate to the packaged food. The source of PCB's In paper food-peck* aging materials la primarily of certain types of carbonless copy paper (contain* tag 3 to 9 percent PCB't) In waste paper stocks used for manufacturing recycled paper. Therefore, temporary tolerancee for residues of PCB's ae unavoidable - vtronnuntal or industrial contaminant! are established for a sufficient period of time following the effective date of this paragraph to permit the elimination of such contaminants at ths earliest prac ticable Urns. For the purpoeee of this paragraph, the term "polychlorinated binhenrli (PCB*a) ** la iiraUftfrlf to mix* turn of chlorinated biphenyl compounds. Irrespective at which mixture of PCB'S la present as the residue. The temporary tolerances for residues of PCB's are as follows: (1) 2.3 parts per million in milk (fat beats). (2) 2.S parts per million In manufac tured dairy products (fat heals). (3) 9 parts per million in poultry (fat basis). (4) 0.S parts per million tn eggs. (5) 0Jf parts per million in finished animal feed for food-producing animals (except the following finished animal feeds: feed concentrates, feed supple ments. and feed premises). (9) 2 parte per In animal feed components of origin. Including fishmeal and other by-products of ma rine origin and In finished animal feed concentrates, supplements, and premises intended for food producing (7) 9 parts per In fish and shellfish (edible portion). Ths edible por tion of fish excludes head, scales, viscera, and Inedible bones. (9) 0.2 parts per mount, in Infant and junior foods. (9> 10 parts per minim, In paper food packaging material intended for or and wtt>| bu&i& food* flatstatd ifiisul fMd and any components tntended for animal feeds. The tolerance shall not apply to contamlnatert water, or any other con taminants. All equipment should be to Installed and maintained ae to facilitate thft rlnnlff ol tQUlpoidt of oil adjacent apacee. . (b> Ota of potichlortnaUd Mpftemrls in food ptents. Polychlorinated biphenyls (PCB's) repra--it a clast of toxle Indus trial chemicals manufactured and sold under a variety of trade namee. Inelud ing: Arpdor (Catted States): Phaoodar (Prince); Colpben (Oermany); and Kanador (Japan). PCB's are highly stable, heat resistant, and non-flammable chemicals. Industrial uses of PCB's In clude. or did include In the past, their use as electrical transformer and rapedtor fluids, beat transfer fluids, hydraulic fluids, and plasticisers, and in formulatlflBfl at luhrimitL phrHrrr arm tn^L Thair unique physical and chemical properties and widespread, uncontrolled Industrial applications have caused PCB's to bo a persistant and ubiquitous con taminant m the environment and caus ing tha contamination at foods. Tw eAWMwi hMrtiti hATft QCfifimd 1& which PCB's have directly feeds as a mult of Industrial ac cidents (leakage or spillage of PCB fluids from plant equipment). Them aortdente la turn eanae the of food Intended for human eonsumptlnn (meat, milk, and eggs). Since PCB's are toxic chemicals, the PCB contamination of food as a mutt of them accidents np- mants a hamrd to human health. It la therefore necessary to Place certain re strictions an the Industrial asm of PCB*i tn the production, handling, and storage at food. The following special provisions are necemary to preclude accidental PCB contamination of food: (1) New equipment, utensfle. and machinery for handling or uncaring food In ce around a food plant shall not contain PCB*. (3) On or before September 4. 1973, th* ammat at food ihkn: consideration should be given to (a) its toxicity; (b) tha maximum quantity that could bo spilled onto a given quantity of food briors It would be noticed, taking Into account Its oolor and odor: (c) pos sible signaling device* In th* equipment to Indicate a loos of fluid, etc.: and (d) Its environmental stability and tendency to survive and be concentrated through the food chain. The judgment a* to whether a replacement fluid Is sufficiently noQwhmrdoos ti to bt mon on in* dlrtdUAl tad operation basis. (3) For ths purposes of this section, th* provisions do not apply to electrical transformer* and condensers containing PCB's la sealed containers. PART 139--NEW ANIMAL DRUGS 9. The following new section Is added to Part 139. Subpart B: | 133.119 Us* sf polychlorinated bh phenyls (FCB*t) ha the production, t**J'l*fi aad storage, of animal fast (a) Polychlorinated biphenyls (PCB's) represent a clam at toxic Industrial chemicals manufactured and sold under a variety of trade name*, Including: Aro- dor (United States); Pheaoclor (Ranee); Colphen (Germany); and Kanador (Japan). PCB's an highly tihli. hnt nclitftat and chemicals. Industrial uses of PCB's la- dude, at did Include In the past, their use as electrical transformer and capi ta* fluids, boat transfer fluids, hydraulic fluids, iilsslli lien and tn formulations of lubricants, coartngi, and taka. Their unique physical and chemical properties and widespread, uncontrolled industrial *rrlto*Mlw* have earned PCB's to be a r i n litmt ***** ubiquitous In the mriranmsnt. censing the contam ination of certain foods. In addition, in- ddnti hiTt ouuurTfd ta which PCB's have directly animal feeds aa a molt of tndusttal accidents (leak paper food-packaging material separated . (D Have the heat sxdhange fluid uaed age or aptUage of PCB fluids from plant from tha food therein by a functional tn misting equlpmant or for equipment). Them accidents In turn banter which la impermeable to men bOBdUttd Of PCOOiHlBO food JOBQlOd l&d " *- --tn-tl/w, nt f~~< lritw/1.M tion of PCB's. tested to determine whether it contains for consumption, (meat. milk, (b) A compilation entitled "Analytical Methodology for Polychlorinated 81. phenyls, February 1973'* for determining compliance with tho tolerancee wtabllshed in this section la available from tho Hoering Cterfc. Departmmt at PCB's. or verify the absence at PCB's tn sad eggs). Investigations by the Food such fdrmulattons by othm appropriate and Drug Administration have revealed means On or before Sept. 4, 1973. any that haat exchange fluids for certain mob fluid fonnulated with PCB'a mart pastauzlaation equipment used tn proc- ba rwplaoad with a heat exchange fluid eestsg feed PCB's. Al that dom not contain PCB's ` though hut oxchisgo fluids In such Health. Education. and Waifare. Room (0) Blmlnste from the food plant any eqttpnunt are considered to be In "dosed 6-M. 5900 Platers Lana. Rockville. UD 20992. PART 121--HUMAN ROOM; CURRENT GOOO MANUFACTURING PRACTICE (SANITATION) IN MANUFACTURE, PCB-eontaming food-contact surfacm of equipment or utensils and any PCB-eenitatntng lubricants far equipment or machinery that It uead for hominy r rrnimdng food. systems", leakage bas occurred that re sulted in direct contamination of animal feed with PCBt and subsequently re sulted In the transfer of PCB'a to human food produced by *"'*"' consuming the ~-"*---*~*--* feed. Th* us* of PCB-ccn- PROCESSING, PACKINQ OR HOLORM (111) Wlmlnato from the food plant any taming --an the walls of 4. in Part 12S by revising 1129.4 to other PCB-ccntalnlng ----<-i- wher resulted m tf|* of read aa follows: ever there is a reasonable expectation allage which has m turn caused PCS nomat Mora, vol is, no. i*e--moat, art i, im ROCk 00082 WATER PCB-SD0000058714 RUIB ANO RIOULATIONS 18103 residue* la the mu* of dairy cows con feed producing establishment order, specify wtth particularity the suming the contaminated lilacs. Since any other pcB-contelalng materials, provisions of tha order deemed objection PCB'i are toxic chemicals. the PCB con whenever than Is a reasonable expecta able, and (tat* the grounds for the ob tamination of food aa a result of thus tion that such materials could cause ani jections. If a htaring is requested, the and other Incident* represent a hstaid mal feed to boeomo contaminated with objections shall states the issues for the to public health. It Is therefore necessary PCB's either as a result of normal us* hearing, shall be supported by grounds to placr certain restrictions on the indue* or as a result of accident breakage, or factually and legally sufficient to justify trial usee of PCB'i in the production, other mishap, the relief sought, and hn include a de handllnc. and itorace of animal feed. (It) The toxicity and other charac tailed description and analysis of the <b> The folloanns special provisions teristics of fluids selected as PCB re factual Information Intended to be pre are necessary to preclude accidental PCB placements must be adequately deter sented In support of tha objections In tha contamination of animal feed: mined to that tha least potentially haz event that a hearing lg held. Objections < l > Coatincs or paints for use on the ardous replacemsnt should bo used. In may be accompanied by a memorandum contact surfacea of feed storage areas mirtrig this dtermination with respect or brief In support thereof. Six copim of may not contain PCB'i or any other to a firm fluid, consldsrmtion should be all documents shall be filed. Received ob harmful or deleterious lubatancee likely given to (a) Its toxicity; <b> the maxi jections may be seen in the above office to contaminate feed. mum quantity that could be spilled onto' during working hours, Monday through <2) New equipment or machinery for a given quantity of food before It would Friday. handling or processing feed in or around be noticed, taking Into account Its color gffectie* date. This order will become an establishment producing animal feed and odor: (e) possible signaling dances effective for foods, feeds, and paper food shall not contain PCB'I. In tha equipment to Indicate a lota of packaging materials initially shipped in (3) On or before Sept. 4. 1ST), the fluid, etc.: (d> and Its environmental commerce after Sept. 4 1973 except management of establishments produc stability and tendency to survive and be as to any provisions of || 1213346 and ing animal feed shall: concentrated through the food chain. 122.10 that may be stayed by the filing of (1) Have the heat exchange fluid used The judgment as to whether a replace proper objections. Notice of the filing of In existing equipment or machinery for ment fluid la sufficiently non-haaardoue objections or lack thereof will be an handling and processing feed sampled Is. to be made on an individual installa nounced in the PmxaAL RtoisTsa. In the and tested to determine whether It con tion and operation heels . event 1133.10 is stayed by valid objec tains PCB's. or ysrlfy the absence of PCB'i in such formulations by other appropriate mean*. On or before Sept. 4, 1973. any such fluid formulated wtth PCB's must to the fullest extent pos sible commensurate with current good manufacturing practices, be replaced with a hast exchange fluid that does not contain PCB'i. <U> oiminata to tho fullsst extant possible commensurate with current good manufacturing practices from the animal fMd eaeakilghmawt any PCB-containlng lubrlcanta for equipment or machinery used for hen* rfiiww or proctuing (ill) Eliminate to the fullest extant possible commensurate with current good manufacturing practices from the (c) For tha purpose of this section, tha provisions do not apply to electrical transformers and condensers containing PCB'a In sealsd containers. <d) For the purpose of this section. the term -animal feed" Inrliulae an artidas used far food or drink far animals other tlttA SAB* Any person who win be adversely af fected by the provisions of II 131.394b and 123.10 of tha foregoing order may at any time on or before August 1 1073 file with the Hearing Clerk. Department of Health. Education, and Welfare. Room S-ta. MOO Plahers Lana. Rockville. HD 20S33. written objections thereto. Objec tions shall enow wherein the peteon fil ing win be adveraely affected by the tions. pending a final regulation the Food and Drug Administration will enforce tha levels stated In 1133.10 by seizins pursuant to sections 301 and 304 of tha Act any food. feed, or paper food-pack aging material shipped In commerce con taining higher than the specified level of PCB's as adulterated in violadon of sec tion 403 of the Act. (geos. 409(e), 40*, 40*. 701. S3 etas. 1044 as smasirtwl. 104*. 100S-10S4 as amandad Or 10 staa. sit sea 73 staa. see, 7a stat. ms-naa as amanrtsd: at 04.0. S43(s). 36. 54S, ni) Dated: June 31.1973. Bntawa CJaadxxx. Acting Commissioner of rood and Dragt. m Ooe.7-lSS4a rued T-S-'T3;S:4S aa| ROC* OOO04 pa. iaa i n.n--a fmuu. uount voi. at, no. ti< it. juit a. iwi WATER_PCB-SD0000058715 ism Nonas DEPARTMENT OF HEALTH. EDUCATION, AND WELFARE Food iwd Prog AilmtuUtntt-- POLYCHLORINATED IVHDmi SvaflebflRy of Supplement To Final Environmental Impact Statement The O'inmi--vwimp of Food and Drugs publiahed a notice ta tba Pgsaa/u. Rsamm of December 31. 1973 <37 PR 39301) announcing that- a statement entitled ~noMl Environmental impact State ment--Rule Making oo Polychlorinated Btpbaoyla" bad baaa lamad by the Pood mt Dm Administration. Notioa is hereby glran that a statement stilled "Supplement to the Pinal Carl* raamantel Tmpact Statement--Rule os Polychlorinated Btpbasyls" has bean lamed br the Pood and Drug Administration. Celias of tba mpplamast ara available from tba Oflee of tba Assistant Ootsmlaaloner lor Puhhc Af fairs. Roam 1SB-43, or tba Oflee of tba Hearing Clerk. Room $-49. 5400 Plebara Lane, Rockville. MS 30993. Tbla notice la Issued pursuant to pro visions of tba Rational Environmental Policy Act of 1969. Public Lav 91-190 (sac. 103(3X0. 93 SUL 993: 43 US.C. 4333), and under authority delegated to the Commissioner <31 CPU 3.130). Dated: June 31.1973. Sam D. Fas, AjtodaU CommUrtontr tor Compliance, in DOC.TS-1SMS nisd 7-t-71::a sa| mui osiim, vet. sc, mo. irv nmar. art a, in AOCW 00083 WATER_PCB-SD0000058716 PYDRAUL1-9 THE SAFETY HYDRAULIC FLUID CAUTION! CONTAINS CHLORINATED HYDROCARBONS. Avoid prolonged breathing of vapors or mists. Avoid contact with eyes or prolonged contact withskin. If skin contact occurs, remove by washing with soap and water. Following eye contact flush with water. If dotMng becomes soaked with fluid, launder before wearing again. 4 10 ro ui 0U.5n ro u 70 e o 0 t7o1 01 t J l --L O } LOT NO. PACKER 55 U.S. Gallons NET 590 267.62LEGAL LBS. 48 LBS. 21.77 KILOS KILOS CROSS 638 L8S. 289.39 KILOS MONSANTO COMPANY. ST. LOUIS. MISSOURI. U SA. 80C054IQ9J09/S3 X^ rXoi. rwo u WATER_PCB-SD0000058717 S E P -2 3 -1993 10=23 FROM UYATT TARRANT & COMBS ftOCM 00142 TO PYDRAUL f-9 THE SAFETY HYDRAULIC aUID CAUTION: Contains chlorinated hydrocarbons. Avoid prolonged breathing of vapois or mists. Amid contact with eyes or prolonged contact with skin. If skin contact occurs, remove by washing with soap and water. Following eye contact Rush with water. It clothing becomes soaked with fluid, launder before wearing again. - 13144230213 P .23/51 LOT NO. PACKER 55 U.S. Gallons NET 590 267*62LEGAL LBS. TARE 48 LBS. 21.77 KILOS KILOS GROSS 638 LBS. 289.39 KILOS unHDHrn (vmPANV <T inm; MiccnmM nrvi?/* WATER PCB-SD0000058718 S E P -2 3 -1993 1 0 :2 4 FROM WYATT TARRANT 8. COMBS PYDRAUL THE SAFETY HYDRAULIC FLUID CAUTION! CONTAINS CHLORINATED HYDROCARBONS. Avoid prolonged breathing of vapors or mists. Avoid contact with eyes or prolonged contact with skin. If skin contact occurs, remove by washing with soap and water. Following eye contact flush with water. If clothing becomes soaked with fluid, launder before wearing again. LOT NO. packer 54 U*S* GoIIms NET 495 224*53legal lbs. TARE 48 LBS. 21.77 KILOS KILOS GROSS 543 LBS. 246.30 KILOS MONSANTO COMPANY. ST. LOUIS, MISSOURI, U S A. 808.86 312.01/53 TO 13144230213 P .24/51 WATER_PCB-SD0000058719 0 ROCM 00144 -r t--l fO PYDRAUL THE SAFETY HYDRAULIC aillD 312 ui fQ CAUTION! CONTAINS CHLORINATED HYDROCARBONS. xatax Avoid prolonged breathing of vapors or mists. Avoid contact with eyes or prolonged contact with skin. x >- H skin contact occurs, remove by washing with 3 soap and water. Following eye contact flush with water. If clothing becomes soaked with fluid, launder rCoO before wearing again. is n ciHjn I LUirOnoILJJ 54 U.S. GallonsLOT HO. PACKER TARE 48 LBS. 2177 KUOS I " fern as | WATER_PCB-SD0000058720 S E P -2 3 -1993 10=24 FROM WYATT TARRANT 8. COMBS ROCK 0 0 1 4 9 TO PYDRAUL 312 THE SAFETY HYDRAULIC FLUID CAUTION: Contains chlorinated hydrocarbons. Avoid prolonged breartk'mg of upon or mists. Avoid contact rife eyes or prolonged contact rife skin, if akin contact occurs, ronton by making rife soap and water. FoAoring eyo contact flash rife inter. If dotting becomes soaked rife fluid, bonder before wearing spin. 13144230213 P.25/51 LOT NO. PACKER 54 II.S. Gallons NET 500 226*80legal lbs. TARE 48 LBS. 21.77 KILOS KILOS GROSS 548 LBS. 248.57 KILOS MONSANTO COMPANY. ST. LOUIS. MISSOURI. U S A. 800.88317.06/53 WATER PCB-SD0000058721 S E P -2 3 -1 9 9 3 10=25 FROM WYATT TARRANT a COMBS I PYDRAUL 312 THE SAFETY HYDRAULIC FLUID CAUTION: Contains chlorinated hydrocarbons. Avoid protaged breathing of vapors or mists. Avoid contact with eyes or prolonged contact with skio. If stih contact occurs, remove by washing with soap and water. Following eye contact flash with water. If dotting becomes soaked with fluid, binder before wearing again. - Jtiff 2 mi OT NOPACKER 54 UwSe GoUlMlS ycv CAA 44C OA _ TARE 48 LBS. 21.77 KILOS NET LEGAL SuQ LBS. KILOS GROSS 548 LBS. 248.57 KUOS MONSANTO COMPANY, ST. LOUIS, MISSOURI, U.SA. 8OAM12.0B/ TO 13144230213 P .26/51 WATER PCB-SD0000058722 > 3\ 0 3 CL rH i^J >3 n |>J H ro o ICDQ O (J o6 H OL q: <1La. > 3 si o CUL. cn No (3 ** n m cn rfxoI j i Q_ U(-0i PYDRAUL THE SAFETY HYDRAULIC FLUID 312 A CAUTION: Contains cHorinatetf tijdfocarbHK. Amid prolonged breathing of wpors i mists. Amid contact with eyes or prolonged contact wilti dm. If skin contact occur* remove try washing with soap and water. Following eye contact flash with water. II clotting becomes soaked with fluid, launder before wearing again LOT NO. 54 U.S. Gal. RACKED NO/LEGAL TARE GROSS 500 I B. 4818. 541 LB. MONSANTO COMPANY, ST. LOUIS, MISSOURI 63166. U S A. 77640 KG 7177KG. 748.57 KG. 804.603)3.02/53 WATER PCB-SD0000058723 SEP-23-1993 10=25 FROM WYATT TARRANT & COMBS TO 13144230213 P.27/51 This product; contains polychlorinated bi phenyls, which some studies have shown may be an environmental contaminant Extreme care should be taken to prevent any entry in to the environment through spills, leakage, use, disposal, vaporization or otherwise. 1020/53 ROCW 0026? WATER PCB-SD0000058724 1993 10:-s!b hKUn UIYHI I IHKKHNI & UXIbb IU ORTANT *M pr <*** eoawiM jotTcaow*> kphbwl* (rare i MM 1 vtftai hov* dim BOT M patdtfont. M wrfraaB* oomom new e'd tOfdbiy taluHtt* wdoin tenw ol feM MV dto and at tiMri Kte. Praat wt mtot Wo Ite wvtrowMM 6w gb ptta. 1 okopa, dtoOM^ vaponmlfok f*m at OMiatnar* or m WlM. tpOL. kukupw aad mu* prate* b<* bt oefcand. PUIfiM Afpmat *vW .U tf Ukapt Bra totad WWfn 8* mo Xmp ra* bora foerf.'teMl fradtoff* aad pbumaewtefc. ~ ^ DEFENDANT'S I EXHIBIT |? ROCW 00268 WATER_PCB-SD0000058725 Ct 9** MV. Monsanto INV Onr S*ln IniMHV---N9NC70 pvnwr rnwrwHBinunumuw u--------------------- CUM 06*09*70 19*01*56 ININIM #Aft TMicc xuuata 06*CW0 14. 6- 1161 W55Ti*Cril.O no MIT 10 OAU 06.05.70 PfO OOF QIITMIUT0A9 TRUCK 6luvHV t. a i. " it iouii kinf/pw nifHA 33 wmM aSST MOUO TMMU * AU99ULVIUK 1000 1191 cofsrzasj "ssr- 2*1*2 12*020*620017 ROCftwCU MANUFACTURING CO a RUSICU.V1U.C RY 12.70 rC I ottcmrrioN I* 9 in on drum *ojo PYOMtt. 912 I 1.N*1*6760*J11*11*0001*01*01 0 0900. CRAY AO o O ( 6 O < | mFim OAit *6IIWI AT <w 1 1- 0190*161*10.Q.A <0066761 6UANTITV *mc* WfttT 606. GL 2.00 U 1263.60 ROCW 00121 : DEFENDANT'S EXHIBIT S _ ._3_ WATER PCB-SD0000058726 ^ 100 \V Monsanio waw'iwr bKIMUB' hWHHweBng- stifm- M OfQl*7U f*0J7J HU M &AYi INV 0<V J<n (!**( * imvocI'wjmMI-------1 Qi07b St I- tiff CflTlNlflAL* AMO N QS-Uf-70 W WU OUT TOUCH cxuvtfly rot. " IU0UHHIH fRTW Hit(d )IU ' AUlSaVlLU RV \5ST JoBSITThJR----------------------------- --ssiirau- 1110 mi 1-1*1 4if 0t*020*28007 ftOCAWtll MANU7ACUMIM6 CO tUUULVlUf RY U270 iwi oncnimoN K tO $* 6t OWI *010 PYDMUL lit t*M*l*O7C0*11tll*0001*0S*OI SUM SBOO. * hmy IM ouMtrmr | ooico * unit 1 AMOUNT SbO. 61 t,fl 1 1177.00 /* .y i----------- i ROC* 00122 WATER PCB-SD0000058727 Ct 300 if t|| 449 H Monsanto ohipppto n. ilJUttl iaii wTun | woMin own MO. CSMN 01*11 *701 11019% MT 10 OMI INV Oir itin MiwimAiMOri H*VOCI MjkMH -- ots*?o IL 1* 1717 BDTWTOirsSfsjr------------- 01-two WD OUtf OHTOHUTW IRUCt tfiuvWV I U------------- ^ ^ ' WMI. (M* ugn H4--------------- --ZbtUt&U-- CfWfl OUlStUV SUC *Y 10 tut l-t-0 0-8 8067 nocmul namufactumi* CO tftUtttUVlUi KY *117# !uk L__________________________________ to tt GALLON WUA* -010 PVOftAUk lit t*M*1 0lf0*11t *t t *0001 *01 1000* * *U1 *11*04 *1006078 SAO* OL t*SS u 1>77.0O ItOUT rn OMt**M* Wt I AJHHVM. ONTO ROCW 00123 WATER PCB-SD0000058728 c MO MV. } -*f Monsanto tot cm--uMwnw. dfnWT UKWINT U4TBWM M6BTRS------------- mu OS*06*70 S9*0SS6 INV Or* S^lfi | 4M mvdtci mjmUS' [clIW# SL I* till -- MCT SO OATS OS*02*70 mrem w eaujBT-wctw i-------------------- m iULK 0ISTKI9UT0AS TRUCK oiiivfftvrai------------------------------- ST LOUIS N1N 7*T MO lawmiMi-------------------------- *t**. 4*M1 Mitt tmw----------------------- COW. COM KTftUSSCllVlUC 1040 US2 2*1*2 CU.T ' " -------- --------------------------- 02*020-628067 loocmcu MMUTACruAlMO CO O tSUSULLVtUC KY *2270 t * SAMC Jo I _ __ : ocscmmo* \ 10 S% 0A110N ORMS -0S0 I* 7Y0RAUL SIS 2-#-1-6760-112-11 *0001*02*01 I 1000. V umy m 029S*W1*16*0*A*10066762 | ouantity | nc* * unit AMOUNT 1' WO. OL 2.SS l 1 1977.00 < o o *r kit' ?i---------------------c I A l I N V t t O aa mbtfBur ROCW OOU^ WATER PCB-SD0000058729 WATER PCB-SD0000058730 CA 200 MV. 44t * `OM 2-70 Hi TBIWWTWH1H0* wm--------- IVIUIbdlllU INV Oit St Ui UltMU 4MOTHK--------------------- AiMvtK44iittiYt f l*VOl NUM.lft - MAUI .... '00-11 -70 IL Hill fahsrrfci-AH?------ wo^-waxmxMl touch oamiouMM touch WiUlTwtf-- --- ^ MM^b TMDW szFnrzsss-- 1mm. e AUSSCLLVILLC KY _mo ILM___________ 2-1-* lqnao-53a7 'AO*oCMmtLuLvmiiuMUKTtACuTrifnUlft CO SAM fc. DCtcmmoN Wf 10 SA COUM MUM *a>0 PVORAUL m l-H-1 -07*3-112-11 -0031-01-0! SON. * S-lHl-U-3*-! 0366761 eiucc ft MHff *H0. OL U1U 1377.03 c, c KMY 31 c o o |iM MT -BBBfsrsar ROCW 00126 WATER PCB-SD0000058731 Cl . C MV. 4-4* < m a-ro Monsanto K<| mil*, INV 75 BTiWVI UK------ TRwnjr unckwir Miwnutuu N3N08S CINN 00*11*70 51*0519N r ittn INVKt AM* iiivMf >juin----------- 7cf SL 8* IN 07 ICT SO MVS CU'WiIIalI'amA m4------ oo*or.ro Will MmUff-MUTW-------------------- rro oar ontRUuTors m { Muvtat r 11 ST LOUIS MIN mr FPO mswhMTZSST- oomid tmJSG e AUSSCLLVtLLC NY 1000 iofiii ioei <v 1 t* 1*S '~ |02* OS 0-62 3037 e tHUSSULVlLLC NY NS270 SAMI c. dcicaiftiom 10 5N 6AL OOMS *050 fVOMUL lit ._ . S*M* 1*0700- IIS* 11*0001*01*01 5000. a UMY-39 0S9S* INI* 16*0-A- <0063762 MNCI 0 UMt SNO. a S.55 U 1377.00 c 9 O IHJMi ovrr ROC* WATER_PCB-SD0000058732 C *** MV. 4-*f a-70 Monsanto INV gurwawi wr-HWHW------ STwer ~B1H WIIW ewn --------*--------------- 4 11*060 CIMt 06*15*70 5601665 XTSfi.*;?,. 06*21*70 H 6* 1176 * WMSBU sfcifcw-------------------------------------------------------------------------------- m^^LMULlML M^iirntss-------------- >001*66 Tmmu SSfiH UM-- '4*f RUV1ILLYILLI KY J6M 1111____________ 2*1*2 02*020* 62 KU7 i*U*SCUVlUC Kt 11276 um OUCNIPTION 10 H GW. OftMS *090 PYOMU. IIS f-n* i*6760*H2* 11*0001*02*01 MOO. a KMHB <9.63*HI* 160~A- 1006B761 oo**mrr I Miatiwi MO, 6L 1.51 (i 1177.00 r ;c I* G 1 Tsnr- UKM.UfT ROCM 00120 WATER_PCB-SD0000058733 v* " ** * *. ^ Mi.ro mviuuiiiv in t , s* vwvmv-- mmr untMia- (MWMnwinK------------------- r ...wi.g- On S*tn t*vo^*wM*f<r' *)<l09S CINN QI-U-70 - loCTr.ye Sl 9- 1021 C4A I*ITIAC4 Am3* ^ - HtTJOOttl 09-11-70 MO OULK OUT TRUCK Wuvnv> IX ST LCUU HIM fRT MO izr&rrrfss----------------- T mit i6&~|OO*0 TMMU C 1RUSSULVIlU KV 1990 11111 ccmi coll 1-1-1 01-010-929097 --' 0 RUUULVUU M <1S7 .c -f fSAMl ,P> Jo ocsciHmoM 1 1 `a TO S% CL ORMS -010 RST-Mfif-U1U-L70I0T-S1IS-11-OOOT-OS-OT SOU). * KMT 1C ouamtitt I *mat i SHO, QL I.IS U 1177.00 C, 0 ( 1 o ti**nna BAfi--i--uwvwr ROCW 00129 WATER_PCB-SD0000058734 Cl 200 IIV. 4-4? OM 2.70 n -- 1lUMinw Tanwi mnimar 1111 >1 C INN Of*1> *70 KIT 10 OfcY* Monsanto INV Dir Ssl/i Ut*ZT*7*invoice __ ,W*V^HC* NUMOCt *L till 00*11*70 *4i limiAt.* AHO ** ' tr'QtAt mm rut w TO|~" AOCftltLl MANUFACTUftlNG CO c AUSltLLVlUl AT Hki7$ 0 $ANt o c OtSCItimON 10 M GALLON OAUMS -030 ^lOMik Mt S H*1 *0700*111*11 *0001 *01*01 r SUOO* I CANT rN c o c; c * p*t IWIVM. MTV 7^'"" ev*t roM oa-oio-oraodi 01 fc *1 Ml *1 0*0*A -10064 7< 0MhCt UNIT MO* GL S* U 1177.00 ROCW 00130 WATER PCB-SD0000058735 Cl 200 *Y 4.49 0M 2*70 Monsanto 27 iMiwvrw-- UWIW.T TUTtPrmiB lUAmUUTBbUH.-------------- 0S*OA*70|S9*0SLG6 ^ ~ fim---------------- MT 10 0*VS Vn V ~ On- Stiff I1 cinrr0<aCCwaG# " mootH mvihUA Si 9* 1267 IMTl^i AMO HO 09-0WO ffflTTom^iuTORs truck RsutIlHo1u61u hi-s----c--a--t---r-r--o' csswruau--------------- ------------------ -wssnssr OOMO TMg '' RUSSILIVIUC KV e 1160 mi --iUM-- exMf. | 1-1-2 **" 102*020* W6CQ7 ROC KMC U. HANUfACTUnlNO CO ?KU*$tU.vn,LC AY L227G G ' nSAMC OIKHimON _________________________________________ MMMTTTV 0295*1A1*tfe*0*A*10dt>d7t2 smcc * UNIT AMOUNT t - 10 $k GAL OAUHS *030 V* RYORAUL 512 2*H*1*G7C0*J12*11*0001*02*01 C 5000, * SAC. SL 2.SS 1 1377,00 SCARY JO & 0 c c e --tssfrsartxn----------- aBBvSTSH < c I. - L ROCH 00131 WATER_PCB-SD0000058736 ' 100 HV. 4-4f tOM 3.70 Monsanto V. MIII U----- TWWW mnwiiw | uiinmmw ipr -- . V 211166 ftlftft 10*16*70| 16*01776 fin------------------------ NCT 19 DAYS INV Dir S*/ft wvAc nuuMI ----- - *L 10- 1J CA iNIIUll *nA NO--------- 1C*12*70 no CULT ftlSTMWTOAS TAUC* otLivIfrTI 6 a.--------------------------- st touts min r/m {..till nu--------------- -wtSTUST A6A.IA *W---------------- --ewiroar cut. 0 aussiu villi kv 1660 1112 2*1*2 02*020*626067 AUSSCUVIUf Kl <>2270 IAMC I ocscmrriON I \o 10 16 CAL 0*1* *030 MVOTAUL I 2-N-1*6760*212*11*0091*02*01 . < >000. KMT Aft 02 95- 1 1 1 SO A* 1D0C87 U OUAMTTTT MWlCft ft UNIT S6Q. CL 2.SS U 1277.00 e c> o c mp>in4 6AH TII u e T I o to ft ___________________________*---------------------------------------------------------------- ROCW 00132 WATER PCB-SD0000058737 .u\ . Monsanto mom MO 2)1160 OltTMCTT DAMIN1IMO ClN1| 01*15*7 1 59*06606 y dm NCTlOOAYt oarPPO D1STR TRUCK i OII.IVIIIV I 0 I ST LOUIS MIN FRT PF0 tHiAAfO *"OU o RUSS6t.LV ILL! WH| C0O6 OOMO THAU 1660 11)2 ROCKv/tLL MANUFACTURING CO RUSStLLVILLC KY 42276 (1> JlNV * * . . , Oiv UltS wS <NvO*Cf %UMIM "**01 SL f* J5J7 CAN tftfTlAlf ANO NQ 01*26*7 ' T COAtffCOOV cu t 2*1*2 x-- 07*020*670097 c SMC !fc i discaction _______________________________,_________ quantity 0295* 141* 16*0* A* 1iXi6e7C: MAlCI A UNrr AMOUNT f!c 10 -5* GAL DRUMS -USQ rvoRAa sis 2*M* 1*6760- 512* 11*0001*07*01 sooo* * 540. CL 7,55 U 1377.00 G o BCRRV JS r. tA ----INO OATC 6 CI A i l I N 6 T A U cT I o % ANWAL OATI / WATER PCB-SD0000058738 NtT 30 DATS 0* COlllCT - IN4 PP0 tutr DISTRIBUTORS TRK MUVIdT oi ST LOUIS HIM fRT PPD *niA*|0 MOW WH COO* tOOMO THMU RUSSELLVILLE KY I860 1178 _ ,, ROCKWELL mujfACJuHm CO O ft RUSSELLVILLE KY 4227# SAX 6L 1 c OCKA#TION JO 10 54 GAL OftKS *050 PYDRAUL Sit l!c 2-M-1-6760*512*11*0001*02*01 5000, * o CA c o r I n merino 6*rt AMIVAi OAT| 0<V S*llS '< r,rtrM*rr< (MVOtCI *UM*|A St 4- 161S CM MltlAlS .HO HO COEKftCOM 2*1*2 mi 02-020-62EQC7 QUANTITY 029S-1U116-0-A-1006?762 PHHJI A UNIT 5HO. Gt 2.S5 U 1377.00 ooO* ROt* is WATER PCB-SD0000058739 CMiV30M0O Monsanto >5 h^4A( no fcOfiCct 412UuH ' C6-21 V|MM| 4 4 . KCT JO OAYS * M C041 W.t . MOUTMO FFO GULF OISTRB TRK ouivmr roi ST LOUIS MO MIN FRT PPO Shi#MO **0*1 WN|| C0O6 00*10 rnng RUS5CLLVIILC KY 1860 1178 ROCKWLLL MANUFACTURING CO RUSSlLLVllLC ICY 42276 SAM( 0SCMIMTI0N 4 54 GL DRUMS -OJO PYDRAUL 112 2-M-1-6760-112-11-0001-02-01 2000. * 6 14 GL DRUMS -010 PYDRAUL 112-A 2-M-1-6761-It1*11-0001-02*01 1000. * MT e & c o r t***PmQ QAT I AM4VAL OATf < `i N 61 ' ft * \J Ct 9 . - \ K t; * t o7-2g-;< j_9;a [dA i*7llALf A*0 *0 " 06-25-71 CO^It COOt ---2----1----2-------- 1 02-070-625057 0265-141-16-0-A-10068762 AMC1 * UfT 216. GL 2.55 U 550.80 324* GL 2.SS U 826.20 1377.OOT ROCW 00135 WATER PCB-SD0000058740 WATER PCB-SD0000058741 Ct >00 mv >>: TTC5T / '. NT 1U MVS vnivue oA"Au<M-K6v+>A' pro culp oisr* trk Oll>Vl*T>O0 ST LOUIS MO MIN FRT PPO SmiMIO PROM WM6 COOG OOMO THAU RUSSELLVILLE KY 1860 1176 RUSSCLLVlLLl KY 42276 SMC oc**t>o* 2 54 GL ORUMS -030 FYDRAUL lit . .. 2-H-1-6760-312-11*000!-02-01 iooq. * 0 54 GL DRUMS *050 FYDRAUL 312-A ^. 2-M-1-6761-313*11-0001-02-01 4000. o MT GORDON . c e < OATf AJWNVAL OATt * Of. / . Oiv SAlfS _ . tto. Covet coot 2-1-2 mi 02-020-628087 QUANTITY 029S-141-16-0-A-10060762 I RA 4 UNIT 108. GL 2.55 U 275.40 432. GL 2.55 U 1101.60 1377.OoT ROCW 00137 WATER_PCB-SD0000058742 WATER_PCB-SD0000058743 WATER PCB-SD0000058744 BCG Richard Davis - GO *>) lopt--her 1# I960 Nr. Stephen B. Logan Louisville Ih?anch toglnccr Amerioan Mutual Inability Insurance Co. 120 Iroquois Manor Offioa Building 5330-A South Third Street Louisville 14, Kentucky ^ -\ ^1 Daar Mr. Logan: Your latter requesting information on Pydraul A-200 has bean forwarded to me for reply. Animal toxicity studies with this fluid indicate that the lethal oral dose in rats is approximately 10,000 allllgrsms per kHograa of body weight. When applied to the skin of rabbits, the lethal dose was approximately 1,000 milligrams per kilogram. Our interpretation of this data is that aeoldental ingestion of the fluid is not a hazard in view of the high oral lethal dose. The lethal doae following skin pene tration la such, however, that in the ease of worloMn, pro longed and repeated akin eontaot should be avoided. Such exposure must also be avoided to prevent skin irritation. We also raswsnd that vapor inhalation be prevented when the fluid is at elevated temperatures. The prevention of sueh an exposure again relates to prolonged or repeated incidents rather than single massive or acute exposures. In the ease of the latter, workmen would not voluntarily subject "them selves to ooneentratlons that are hazardous for short periods. If there is a leak in an hydraulic system containing Pydraul A-200 eueh that the fluid may be sprayed on hot or molten metal surfaces, the fluid will obviously'volatilise or decom f pose, depending on the temperatures ef the metal. Animal toxicity studies with the dsswpoeltlcn products of the compo nents ef Pydraul A-200 again iadisate that the scute hesard of inhalation of the decomposition preduets is mot serious. The fluid decomposes to acidic and phenolIs materials idileh form white clouds end are irritating to the respiratory treat and eyes to the extent that mortem will met tolerate seriously J DEFENDANT'S EXHIBIT 10 ROC* occ^t) -- ---------- WATER PCB-SD0000058745 Mr. tephen B. login--page 2--Jeptaaber 1, I960 Z an not at liberty to divulge tho composition of the fluid. Aa our labol indicates* pydraul A-200 doaa contain chlorinated hydrooarbona, There ia no evidence* however* that In the decomposition of theae chlorinated hydrocarbons* referred to above in the eoaaenta about system leaks* any aignifiaant eon> eentrationa of phoagene are evolved. Z mention this point because of the history of phoagene production when aone of the aliphatic ehlorinated hydrocarbons have been used aa fire eztinguiahera Z believe your other questiona relative to physical and cheaioal characteristic* and properties arc answered in the enclosed literature. Zf you have any additional questiona* please let me know. Very truly yours* EPVidh ttielosures 3 Klaer P. Wheeler Assistant Director Medical Deportment 1) "Monsanto introduces ... Pydraul A-200" 2) "Monsanto Fluids for Specialized Engineering" 3) "Know Your Hydraulic Fire Hazards" RQCfc 00029 WATER PCB-SD0000058746 newest lowest cost all-synthetic lire r c i / star, t hydraulic fluid In 1951, Monsanto introduced the first synthetic fire-resistant hydraulic fluid for industry. Pydraul F-9 became the standard in its field, was listed with Underwriter's Labora tories. Today, it is the only fire-resistant fluid to have such listing. But Pydraul F-9 and the other brands of fluids that followed could deliver only a given "ceiling of performance" at a given price per gallon. Now. Monsanto offers Pydraul A-200, a completely new synthetic fire-resistant hydraulic fluid. It performs like premium-grade petroleum oiLs. gives excellent resistance to fire, and is available at a savings of 40 cents on the gallon! Pydraul A-200 takes the danger out of hydraulic fluid operations. Equipment can be run near ignition sources without worry of a sudden line burst ending m disaster. And the cost is low . . . ROCK 00U30 WATER PCB-SD0000058747 PYORAUL A 200 IS SAFE... In all important tests for fluid fire-resistance, Pydraul A-200 passes with flying colors. Here are the tests and the results: HOT MANIFOLD TEST (per MIL F-7100) (Pydraul A-200 was exposed to the surface of a manifold. 1300= F.) HIGH-PRESSURE IGNITION TEST (AMS 3150B) (Pydraul A-200 was sorayed through a small orifice at 1000 psi. passing through the flame of an oxy-acetylene torch, 6000 : F.) LOW-PRESSURE SPRAY TEST (AMS-3150B) (Pydraul A-200 was sorayed through an orifice at low pressure, the mist passing over an ignited oilsoaked rag.) MOLTEN METAL IGNITION TEST (Pydraul A-200 was exposed to the surface of a molten alloy, exceeding 1100- F ) FLUID DID NOT FLASH OR IGNITE FLUIO DIO NOT FLASH OR IGNITE FLUID DID NOT INCREASE INTENSITY OF FLAME FLUIO DID NOT FLASH OR IGNITE PYl A - 200 IS ECONOMICAI____ The biggest economy of any fire-resistant hydraulic fluid is one which cannot be seen--until a hydraulic line breaks in the plane, and the fluid is sprayed to a nearby ignition source. When this happens, a flammable fluid can destroy equipment, lose thousands of dollars of production, injure personnel, and even cause loss of life! Pydraul A-200 is a kind of "chemical insurance policy" ... your protection against production loss and injury due to hydraulic fluid fire. Pydraul A-200 is important to maintenance programs, also. "A-200" meets the important lubricat ing requirements found in premium petroleum oils--nothing has been sacrificed to achieve Pydraul A-200's excellent fire-resistance! High film strength and good anti-wear properties protect hydraulic equipment and costly components--and Pydraul A-200 is outstanding in film strength and anti-wear performance. Low initial cost sets Pydraul A-200 in a class by itself in the field of all-synthetic fire-resistant fluids. Where safety counts, Pydraul A-200 is the finest hydraulic fluid available--at the lowest cost per gallon! PYDRAUL A - 200 IS RELIABLE... Four reasons why "A-200" is the fluid you can count on: NON-THICKININO "RUOOIONMS" Pydraul A-200 is designed to He permanent, it does not have to be inspected or replaced from month to month, or year to year A 200" does not thicken with use. will not form sludge or lose desirable properties with time. Pydraul A-200 has better resistance to abuse--temporary overheat, bearing overload, and other stresses--than any other lire resistant fluid. It resists "breakdown." even under extreme conditions. OOOO ANTI-RUST SH1AR STABILITY A-200 protects metal surfaces m the presence of water. Passes rust test (ASTMD-665 A) with perfect score--no rust (10.0) A-200 undergoes no loss of viscosity, even after many years of use in the most severe pump operations. ROCta 00031 WATER PCB-SD0000058748 <PYORAUL A.200 IS COMPATIBLE... TYDRAUL A-200 IS AN EXCELLENT LUBRICANT... : #- '` PYORAUL A-200 INSTALLATION IS SIMPLE... PYDRAUL A-200 HAS WIDE APPLICATION.. ROC* 0GC32 WATER PCB-SD0000058749 PYDRAUL'A-200 TYPICAL PROPERTIES Vlaeoalty: Laborstory viscosity measurement* ar* effected by fluid density. Because petroleum oils all have similar densities, their measured viscosities can be compared. The densities of synthetic fluids vary, however, eo the measured viscosities must be corrected if comps neons ere to be made. In the rraph below, curve "M" is the laboratory-measured viscosity of Pydraul A-200. Curve "C" shows the viscosity-temperature relationship of Pydraul A-200. modified for the differ ences m densities between oil and Pydraul A-200. Comparing curve "C with a viscosity curve of a medium weight petroleum hydraulic oil. it is seen that the two ar* viscosity equivalents at normal operating temperatures. v is c o s it y a t s o ii u n iv m s a i s t c o h o sj Danalty tGms/cci Pour Point: Auto-Ignltlon Tamparmtura 1.42 'a 100= F. 1.43 (a 605 F. - 5= F. Above 1200s F. HANDLING AND STORAGE Like all specialized hydraulic fluids, certain precautions are advisable when handling Pydraul A-200. No problems will arise when it is used as recommended. , Repeated or continuous skin contact should be avoided and inhalation of the vapors at elevated temperatures should be prevented. Pydraul A-200 is only mildly irritating to the eyes (but can cause pain) and like any other synthetic hydraulic fluid, it exerts a solventtype action on the skin. Where prolonged contact cannot be avoided, gloves should be wom. There is no vapor inhalation hazard associated with use at room temperature. In brief exposure to vapors given off at elevated temperatures, no systemic effects have been found in extensive animal experimentation. Exposures of one hour to the decomposition materials showed local respiratory irritation, but no systemic effects. Eye irritation studies after using the material full strength showed it be a mild irritant with no permanent damage to the eye tissues. If Pydraul A-200 is splashed or sprayed into the eves, wasn thoroughly, with water. To relieve irritation, physicians have used 1% poniocaine solution as well as the opthalmie cortisone acetate solution. Pydraul A-200 can be stored at sub-zero temperatures without damage to the fluid. Just allow A-200 to warm to room temperature, and use was. u. a. PAT. OPP. 2.711.0111.^11 L IT MC WATER PCB-SD0000058750 Monsanto For Specialized Engineering In today's rapidly developing technology--engineering design in many fields requires special functional fluids that will solve a variety of problems. In applied hydraulics, aerodynamics, electronics, nucleonics, and mechanical engineering, special liquids are needed for critical tasks. Fluids must be found to dissipate heat or to convey heat; to transmit pressure or to neutralize pressure by lubrication; to slow neutrons without absorption; to withstand extreme cold; to resist vaporization and remain stable under high heat. For each application, varied combinations of properties are necessary. The key to providing fluids "tailored" for the job is synthesis-- the chemical building of basic compositions of matter designed for special physical properties. Monsanto has pioneered in the development of specialized functional fluids. For the past 10 years, Monsanto's half-century of experience in organic chemical synthesis has been called on again and again to provide liquids with special combinations of properties--for dielectric uses,, coolants, specialized hydraulics, lubrication. Today, over twenty of these fluids are in commercial use--and many more are available. ROC* 00034 WATER PCB-SD0000058751 Here is a summary of the general physical properties of 20 selected Monsanto functional fluids. These represent the range of products now available in commercial or semi commercial quantities. In reviewing the table in the light of your own fluid, lubricant, or dielectric applications, may we call your attention to these facts: The products shown were developed for particular applications; their properties were carefully designed for that specific use. Often these properties can be modified through synthesis or formulation. Although developed for particular uses, in many cases the products have been found to be admirably suited to entirely different applications. For example: Fluid OS-45 III (Coolanol 45) designed for use as a high temperature hydraulic fluid, is also now being used extensively as an insulant-coolant in electronic equipment In addition to the products listed in this table, a number of other commercial, development and research products are available. Among these are fluids designed for use as steam turbine lubricants; automobile automatic transmission fluids; high-temperature aircraft and missile fluids stable above 800F. Others are completely new chemical liquids with interesting physical properties in search of a use. RQCM 00035 Vip hi niiwji WATER PCB-SD0000058752 ROCK 00036 cSUMMARY OF GENERAL PROP E RTI E S OF Present major uses} FIRE-RESISTANT HYDRAULIC FLUIDS AND LUBRICANTS HIGH-TEMPERATURE HYDRAULIC FLUIDS AND DIELECTRIC-COOLANTS PROPERTIES Product} SKYDR0L* 7000 SKY0R0L 500 PYDRAUL* 10 PYDRAUL 150 PYDRAUL F9 PYDRAUL (25 PYDRAUL AC OS II COOLANOL45 OS-45-111 OS-45 IV OS 59 s FIRE AR0C 12 Viscosity, Centistokes @ 100F. @ 2I0F. Pour Point F. Maximum Bulk Temperature, F. Boiling Point 9 760 mm. Hg, F. Coefficient of Thermal Expansion, per F. at use temp. Specific Heat & 25X. or M. P!., BTU/lb/F. Thermal Conductivity, BTU/hr/lt'/ttf F. Bulk Modulus, psi Specific Gravity @ 25/25'C. or M. Pt Resistivity, ohm --cm. Dielectric Strength CP 60 cps, 0.1 in, 25C. Dielectric Constant @ 1000 cps, 25C. Power Factor, per cent @ 1000 cps, 25'C. Flash Point F, Cleveland Open Cup Fire Point F, Cleveland Open Cup Autogeneous Ignition Temperature, F. Fire Resistant Radiation Resistant c an CO 1 V ean 00 1 V 1 e 15.5 3.85 200 709 0.00042 0.42 0.0477 328,000 1.08 5.0x10' -- 8.87 0.49 425 475 1050 Ys No 11.5 3.92 225 -- 0.00045 0.38 0.0777 308,000 1.07 0.4x10' -- -- 340 425 > 1100 Yai No 11.1 2.65 -70 200 707 -- 0.42 0.047 328,000 1.09 -- - 435 440 > 1000 Vat No 308 8.0 -55 200 617 0.00042 0.40 0.070 319,000 1.13 -- - 380 470 > 1100 Yat No 47 5.5 -5 300 444 0.00041 0.32 0.067 387,000 1.28 1.5x10' 33 KV 4.25 2.2 430 475 > 1100 Yat No 135 6.1 20 300 724 - 0.065 375,000 1.36 - - 445 745 > 1100 Yat No 88.2 5.15 20 300" 488 0.00040 -- -- -- U5 -- -- -- 420 650 1100 Yat No 35.25 3.18 15 300 >600 -- 0.31 -- -- 1.40 -- -- -- > 1100 Yat No 12.2 3.95 <-85 400 > 700 0.00048 0.45 0.080 253.000 0.89 2x10" 27 KV 2.69 1.6 370 430 660' No No 12.0 3.95 <-85 550 >700 0.00048 0.45 0.080 2S3.000 0.89 -- -- -- 370 430 700 No No 6.8 2.2 600 <1 : 61 > 700 5: 0.00046 0.00 0.45 0 0.080 o.c 253,000 - 0.88 1 6.7x.l0" >5. 44 KV >3 2.47 0.03 4 < NO4 0 435 7 3 705 No No > 1> Y. N him. mwiu a n. hwm. untM: nauma nuxiwu. tftitmu . . Him ana. im --aiw mow Klimm a wa uiiMuai. teoiuu w*o mimhi. ia FIELDS OF USE FOR FLUIDS The following will describe the variety of fields for which Monsanto already Is supplying specialized fluids:-- Aircraft Hydraulic Systems SKYDIIOL* 7000 was the first fire-resistant hydraulic fluid developed for propeller aircraft that has been ac cepted by the C.A.A. SKYDIIOL 500 Is now available for the higher-altitude, low-temperature operation of |ets; it will be used in all the turbo-jet fleets now being built In America. Dielectric-Coolants Stable Coolant 45 is a broad temperature range, insulating coolant ideally suited for a variety of electronic cooling applications: magnetron subassemblies, klystrons, traveling wave tubes, amplifiers, power supplies, ejf Missilery Fluid OS-45 III is a high viscosity index fluid for reliable power transmission operation from --65 to 400F In guided missiles and high-speed aircraft. Fluid OS-45 Type IV is a high-temperature fluid operable to 550F. Applied Hydraulics PYDUAUL* F-9 is a fire-resistant hydraulic fluid for equipment such as die-casting machines, conveying equip ment handling molten metals, and many other hydraulic operations near ignition sources. PYDUAUL 60 and PYDRAUL 150 are special viscosity fluids for precision regulating equipment Nuclear Reactor Mot Monsanto's polyphenyb resistance to thermal am cation os coolant-modcn Lubrication Monsanto supplies sev resistant luhrirants suits tion. Among these ... PYI cant that curtails carbonl flash fires and explosions cant that shows much pr Fluid Drives Monsanto supplies a nun WATER PCB-SD0000058753 LECTED FUNCTIONAL FLUIDS 5ISTANT DIELECTRICS, COOLANTS, HEAT TRANSFER FLUIDS AROCLOR 1232 AROCLOR 1242 AROCLOR 1248 AROCLOR 1254 NUCLEAR REACTOR MODERATOR-COOLANTS SANTOWAX* SANTOWAX ISOPROPYL- BIPHENYL R OM BIPHENYL 6.9 17.2 45.3 46.4 -- -- < 1.8 25 3.2 6.14 0.98 -- 47 2.05 1.40 -32 2 20 50 *156 413 150 -65 400 600 600 600 > 750 > 750 > 750 >700 554 617 644 689 491 687 662 570 0.00073 0.00068 0.00070 0.00066 0.00050 0.00052 0.00052 0.00096 0.31. 0.29 0.27 0.26 0.40 0.50 0.42 0.42 0.063 0.058 0.057 0.054 0.076 0.063 0.065 0.07 -- -- 428,000 -- . -- -- -- . -- 1.23 1.38 1.45 1.54 0.984 0.955 1.06 0.979 >5xl012 > 5 x 1012 > 5x1012 > 5x 1012 > 1 x 1012 > 1 x 1011 > 1 x1012 > 1 xlO12 > 35 KV > 35 KV > 35 KV > 35 KV > 35 KV > 35 KV > 35 KV >40 KV 5.4 5.8 5.6 5.0 2.5 258 2.6 2.66 <0.1 <0.1 <0.1 < 0.1 <0.1 <0.1 <0.1 <0.07 308 350 382 > 690 235 375 340 282 460 > 610 > 640 > 690 255 460 390 306 > 1100 > 1200 > 1200 > 1200 > 1000 > 1000 > 1000 845 Yes Yes Yes Yes No No No No No No No No Yes Yes Yes Yes SNOITIOHS OF USE ARE SEYONO OUR CONTROL. MONSANTO CHEMICAL COMPANY DISCLAIMS ANY LIABILITY ARISING FROM THE USE OF THE DATA. ion, Cooling kyl derivatives have extreme iation damage ... for appliin severe environments. types of specialized fire>r high temperature operaJL AC, air compressor lubriind deposits responsible for id OS-81, new turbine lubriin use. >f specialized fluids suitable for the specialized needs of power transmission and fluid drives. Heat Transfer AROCLOR* heat transfer fluids are chemically stable and fire-resistant heating media which permit nonpressurized heating systems to deliver 600F. processing heat. Transformers, Capacitors For 25 years' Monsanto has supplied the dielectrics for transformers and capacitors ranging in size and applica. tion from house-sized utility transformers to thumb-sized capacitors in high-fi sets. ROCk 0003? WATER PCB-SD0000058754 AUTOMATION RADAR TRACKING ATOMICS HEATING KINETICS BALLISTICS COOLING TECHNOLOGY OP FLUIDS Fluids for specialized engineering uses usually must be chemically synthesized. From knowledge of the de sired end properties--candidate compositions-of-matter are examined that chemically and physically meet the general requirements. Rarely will a "pure" compound match highly stringent specifications. The proper "pure'' compound, however, that closely approximates the needs is selected as the "base" stock; it is then modified with additives that further modify its viscosity index, its lubricity, pourpoint, or other properties. Monsanto has available the facilities for making the widest variety of "base" stocks and additive modifiers of any chemical manufacturer. The Monsanto base stocks include the phosphate esters, many of which are unique to Monsanto, diphenyl and terphenyl and chlor inated derivatives, silicate esters and others. Available additives include corrosion inhibitors, viscosity index improvers, flow temperature depressants, and many other polyfunctional modifiers. LUBRICATION INSULATION MECHANICS AERODYNAMICS LAUNCHING LIFTING PRESSURIZING ELECTRONICS GUIDANCE PREHEATING POWER GENERATION POWER TRANSMISSION HEAT EXCHANGE POWER STORAGE NO EXISTING FLUID WILL DO THE J03 YOU 1 .... Monsanto'will work with vou to create a fluid that dues c.\a<.liy war: ym va: it. or i ! ^^ u 1 O i 1 * v-c'------v r ;:y Cr-:r:C:. r:: i i;:.!:::-. 1Ll.*r/1.' r;. ^ -i 1 T ; .. , ^ w, r. - .. .. .. j . .... , vt. ww.<J . t, .i gi I ROC Vi WATER PCB-SD0000058755 WATER PCB-SD0000058756 " ' '' ;*= - t * N OUNCE of prevention can be worth the cost of a plant or even A .-,3' the life of a worker. You can isolate operations that could be hazardous; you can build fire walls, so that fire could be confined to.certain areas, and you can install sprinkler systems.. But the simplest and surest way to protect against hydraulic fluid fires is to stop them before they start^--with fire-resistant Pydraul* .. synthetic fluids. .Pydraul fluids do not support combustion. iv When emergencies occur, Pydraul eliminates the danger of local fires that can damage equipment or injure workmen ... spread fire to other locations .. . flash flame to the reservoir of a flammable -rf* fluid... damage or destroy equipment before the sprinkler sys-"' terns activate. By their very chemical nature, Pydraul fluids are fire-resistant--from start-up though every hour of operation. 'Py^wfc Monsanto trademark. Reg. U.S. Fat. Off. WATER_PCB-SD0000058757 PYORAUL ts working for others... "Two weeks after we switched to Pvdraul. an electrical control circuit of a cold chamber aluminum die casting machine failed, unknown to the operator. The oper ator continued to run the machine until the nitrogen in the accumulator unloaded into the oil reservoir and blew Pvdraul twenty feet into the air--all over the machine, operator, helper and even directly into an open pot of molten aluminum. "Instead of a flash fire and serious burns to several workmen, as well as general chaos in the shop, we suffered to the extent of two Pydraul-soaked workers and the loss of 40 gallons of Pvdraul." - --Latter from the president of a Los Angeles die casting plant "On Monday, October 25th, a hydraulic line hose at 1000 psi on a Cast Master die casting machine caught between two halves of the die and ruptured. Pvdraul from the line splashed on the operator, into the aluminum melting furnace, and onto walls and ceilings 30 feet away. "Had flammable oil been used it would surely have ignited in the molten aluminum. The fire could have spread to the oil-covered operator, as happened in another plant previously. The danger of fire would have been still worse because of the presence of oil vapor in suspension in the air after it erupted from the oil line. "The accident has proved to us conclusively the safety value of Pydraul." --Letter from the superintendent of a Canadian di* casting operation J "At our plant a Lake Erie die casting machine threw a vertical main piston rod through the roof and resulted in a great volume of Pydraul being sprayed on two workmen, the surrounding area, and into a pot of molten alloy above 800F. There was no flash back from the metal pot, which would have set fire to the entire area and would have meant instant death to the two operators. Instead of this disaster, our production was back to normal within an hour." --Personal statement of plant engineer KQCW 00041 WATER PCB-SD0000058758 >l f ssrassiv: ::r^.^ysasS>rSs and PYDRAUL can work for you *:v:*acsKi35&; If your hydraulic operations function near potential ignition sources, you need the lasting, sure protection of fireresistant Pydraul. Pydraul does not evaporate to leave a flammable residue--will not flash back from an ignition source or spread fire. This protection from fire--plus premium lubricating properties of Pydraul--guarantee to keep your machines fit for production. Pydraul fluids offer built-in fire-resistance PLUS preventive maintenance properties not contained in water-based fluids. Machines operating on Pydraul simply require less maintenance. Pydraul fluids run cleaner. They guard against corrosion and rust. You can count on Pydraul as a major tool in your plant preventive maintenance program. Pydraul fluids don't change. They don't wear out in use under normal operating conditions as do water types. If you keep maintenance records on machines operated on water-based fluids, you'll appreciate the savings you get when you switch to Pydraul. WATER_PCB-SD000Qn5fi7.^Q PYDRAUL fluids give you "double action " fire-resistance ACTION ONE chemically built (active) fire-resistance MOLTEN METAL IGNITION TEST --Fluid poured on molten metal. Pydraul fluids are chemically synthesized from materials which resist burning. Water-based hydraulic fluids depend on the water for fire-resistance; the lubricant components are flammable. Glycol (in water-glycol fluids) and light petroleum oil (in wateroil emulsions) -- both will burn! Compared with fresh water-based fluids for fire-resistance, Pydraul fluids seldom appear more fire-resistant; but, tests of used water-based fluids do not show the same degree of fireresistance--because flammability increases as the water snuffer evaporates from the system. The tests described below show you some of the rigorous methods of determining fire-resistance. The medium and high viscosity fluids--Pydraul F-9, Pydraul A-200, Pydraul 625 and F/draul AC --do not flash or burn in any of these tests. The lower viscosity fluids--Pydraul 150 and Pydraul 60 may show intermittent flash ing under severe exposure, but they will not support combustion away from an ignition source. Pydraul F-9 is the only fire-resistant hydraulic fluid ever to receive listing by Underwriters' Laboratories, Inc. HIGH PRESSURE IGNITION TEST (AMS 3150B & MIL-F7100)---Fluid sprayed at 1000 psi through flame from oxyacetylene torch, 6000 F. RCC* 00043 WATER PCB-SD0000058760 ACTION TWO lasting (passive) fire-resistance Pydraul fluids do not change in use--do not lose fire resistance as do water types. Pydraul fluids are homogeneous. They do not separate into two fluid layers under high use temperatures or low storage temperatures. Ko simple methods have been devised for testing residual fire-resistance, but you can easily perform this demonstration: * DEMONSTRATION METHOD 1. Dip blotter paper squares in Pydraul, water-glycol and plain water. 2. Drain off excess fluid and prop on glass dish for an hour or two. . 3. Ignite with a paper book match. 4. You'll see for yourself! Pydraul does not evaporate, does not bum. 5. Piece dipped in water burns normally. 6. Water-Glycol paper burns brighter, hotter, due to the flammable glycol residue. This demonstration points out a second type of fireresistance that Pydraul fluids have and water types do not--lasting fire-resistance that protects your plant, equipment, and personnel against fire--in spite of exposure to air through breaks, leaks, or air entrained during maintenance. In any hydraulic operation, a break can spew fluid over equipment, floors, walls, $.nd ceilings ... or a leak can produce an "innocent" puddle.* But Pydraul fluids remain fire-resistant. Industrial fires have occurred under just these circumstances. In one incident, a machine was drained, leaving a puddle of water-glycol fluid on the floor. A welder came in to repair a piece of equipment and a spark from his torch fell into the puddle. The puddle ignited and the resulting fire damaged equipment and destroyed the control circuit panel of the machine. AGCi* CCC4*^ 4 WATER PCB-SD0000058761  OH 21 HYDRAULIC FLUID SURVEY PLANT OH WORKS otpisrufur SURVEY MAOE by 0*rt SURVEY STARTED APPROVEO BY OATE SURVEY COMPLETED l ITEM NO 2 MACHINE USING HYORAUllC UNIT Si 3 fluio NOW USED * OISTANCC TO IGNITION SOURCE. feet 1 i | 1 5 lOENtiTY OF IGNITION source 71 SYSTEM CAPACITY GALS > NORMAL SYSTEM' OPERATING PRESSURE PSI MAXIMUM DISCHARGE RATING OF PUMP GPM 9 PUMP MFR AND MOOEL r MINIMUM | SLIGHT | MEDIUM EXTREME | 1 1 1 10 control valve Si MFR ANO TYPE i f-o? aA'. n | i ill !i I i i 1 !i - ; : I i 1 1:; 1 ii 1 l!: ' 1 l|! 1 !! !1 i1 11 1 j 1 1 i _____ . i . j i . ... . ' 1 ! i 1 __L_ 1 _L___ _ 1 1! |! 1i ; 1t f; !i 1. || i i1 j ii i i i i i i j ROCW 000<5 WATER_PCB-SD0000058762 RE HAZARD RATING SCALE stem not using i petroleum oil is i fluid, but using one of the materials tested ind rated '"satisfactory1' or "acceptable" is a .resistant'' fluid Dy Underwriters' Laboratories or Factory Mutual Laboratories, or other qualified agency. item using petroleum oil as the fluid but with no sustained or customarily operated sources of ignition located in the same vicinity. stem using petroleum oil as the fluid, with surfaces or metal or equipment m that area heated above the flash point of the oil below 600 f. and adequately protected with fire control apparatus. stem using petroleum oil. not protected by automatic fire eitmguishmg systems, and having sustained sources of ignition within irea that could be rcacned by a spraying or leakage of oil from the supply or from the return lines. The presence of oil or gas i m treat same vicinity would intensify the haaard even further. : 12 j 13 14 PLAN OF ACTION FOR REDUCING DEGREE OF HAZARD EXPECTED COMPLETION OATE REMARKS i For additional forms, contact Monsanto. ROCn 00046 WATER_PCB-SD0000058763 "75T--- 1 - A > -V rate your'own FIRE SAFETY... 1/ i! L K ki '3? You need the safety protection of fire-resistant PYDRAUL hydraulic fluids if these ignition sources are within "spraying distance" of your hydraulic operation: Open Flame--gas burners, etc. Molten Metal Red Hot Metal--ingots, etc. Welding Equipment Heat Treating Furnaces--open ovens Heated Dies Open Field Rheostats--switching arm Pydraul fluids give you DOUBLE ACTION protection--no fire... no spread of fire to other areas ... no flash back to reservoir... no flam mable residue left on floors, walls, ceilings. Use the survey sheet inside this page to list each hydraulic machine or operation and potential source of ignition. A fire hazard indicated on your survey sheet identifies a clear need to convert your machines to a Pydraul for DOUBLE ACTION fire protection. PYDRAUL synthetic fluids are now used in these applications; but, the danger of hydraulic fires ex ists in many other applications if ignition sources are near. Die Casting Machines Hydraulic Presses Furnace Tilters Regulators Permanent Mold Casters Stampers Extrusion Presses Scarfers Ingot Loaders Plating Machines Scrap Metal Balers Electric Furnaces Injection Molding Machines Forging Presses Furnace Door Openers Elevators and Hoists Hydraulic Jigs WATER PCB-SD0000058764 DISTRICT SALES OFFICES ATLANTA 3390 Peachtree Road, N.E., 30326 (404) 231 4320 BOSTON Everett Station, 02149 (617) DU7 5010 CHICAGO CINCINNATI 3158 Des Raines Avenue. 60018 *2330 Victory Parkway^l5206 (312) 296 6688 (513) 751 6707 CLEVELAND 3645 Warrensvilte Center Rd., 44122 (216) 991 5400 DETROIT 500 Northland Towers. 48235 (313) 357 0910 HOUSTON 1300 Main Street. 77002 LOS ANGELES 6670 East Flotilla Street, 90022 (713) CA3 4011 (213) RA3 2492 MINNEAPOLIS 912 Northstar Center, 55402 (612) 339 4651 NEW YORK 277 Park Avenue, 10017 (212) 922 4111 PITTSBURGH 4 Gateway Center, 15222 (412) 261-2156 ST. LOUIS 800 North Lindbergh Blvd.. 63166 (314) WY3-1000 SAN FRANCISCO 2710 Lafayette Street. . Santa Clara, Calif., 95052 (408) 243 0414 SEATTLE 911 Western Avenue. 981( (206) 622 4203 SPRINGFIELD 812 Monsanto Ave.. '! Springfield, Mass., 01102 (413) 788 6911 WILMINGTON 2005 Concord Pike, 19803 (302) OL8 6531 16 mm full-color movie available--15 minutes "BEFORE HYDRAULIC, FIRES START" Now you can see for yourself-- and demonstrate to others tests showing fire-resistance of M typical Pydraul installations An incident in which Pydraul prevented disaster To receive a copy for showing, write: Monsanto Company 800 North Lindbergh St. Louis, Missouri 63166 KGCta GGQ90 WATER_PCB-SD0000058765