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FILE NAME Koppers East KBE DATE 2001 DOC KBE003 DOCUMENT DESCRIPTION Notes of Plaintiff Attorney Bruce Carter Beazer East - k Koppers Company A. Overview 1. Who is Beazer Koppers Beazer East Inc. has the liability for Koppers Company Koppers in addition to activities in its own right has the liability for Freyn Engineering Theim and Universal Refractories Koppers was founded in Germany before WWI Heinrich Koppers emigrated to the United States and his company was nationalized during the War Koppers A. Addresses BEAZER EAST INC in its own right and as successor to Koppers Co. Inc. and other related companies including Thiem Corp. Beazer USA Inc. and Beazer PLC Koppers Building 436 Seventh Avenue Pittsburgh PA 15219 INCORPORATED PRINCIPLE PLACE OF BUSINESS State of Delaware Commonwealth of Pennsylvania What did Koppers do Koppers had several parts of the company involved in asbestos 1 Koppers Engineering and Contracting Division as well as Freyn built and renovated steel mills particularly Coke Ovens and Blast Furnaces 2 Universal Refractories made asbestos refractory materials 3 Koppers also had a roofing division that made asbestos roofing materials 4 Koppers also made a mastic product Bitumastic that contained asbestos This product was used as a sealer 3. What did Koppers know A. Direct Knowledge Koppers hired their first industrial hygienist in the 1950's During that period Koppers also hired Dr. Anna Baetjer of Johns Hopkins as their consulting toxicologist Dr. Baetjer was responsible for toxicological testing of all products made by Koppers except asbestos products Koppers industrial hygienist admits to having courses that discussed the hazards of asbestos in the 1950's B. Imputed Knowledge memberships 1. IHF A. Koppers was a member of the Industrial Hygiene Foundation attending the 1935 organizational meeting and formally joining Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page I 1941-1983 Dr. Paul W. Bachman Dir Research & Dev 1959-62 Trustee 1962 Vice Chair Board 1956 panelist Joint Technical Conference subject manufacture sale and use of toxic materials Pictured C.W. Campbell Koppers Company Pittsburgh PA Temporary Committee Meeting 1935 A.R. Powell Koppers Research Corp. Pittsburgh PA Temporary Committee Meeting 1935 2. National Safety Council 1932- A. A.L. Watson Chemical Section Advisory Committee 1942-43 at large member former general chairman 1938-39 B. L.C. Campbell Executive Committee Director 1938-42 NSC President Industrial Safety 1939-40 Mining Section Vice- Chairman 1937-38 Program Committee Chairman 1936-37 C.T. Densmore Occupation Disease Meeting 1940 Thomas E. Lightfoot Safety Round table member A.S.S.E. American Society of Safety Engineers 1936 A.S.S.E. member at large 1935-39 Mining Section Chairman membership 1931- 32 member at large 1933-34 1936-38 3. American Ceramic Society 1933-1963 A. Don C. Lynn Koppers Laboratory Mellon Institute Pittsburgh PA 1930-31 B. Silikatwerk der Heinrich Koppers Wiesenstrassse Germany GPO Tokyo Japan 1934-1941 4. Chemical Manufacturers Association 5. American Petroleum Institute 1950-51 1956-1962 6. American Society of Mechanical Engineers 1906- A. Fred Denig Vice President Koppers Research Pittsburgh PA 1922- 1935 B. John I Thompson Vice President Koppers Construction Pittsburgh PA 1918-1935 C. Wyman Eaton Vice President Freyn Engineering Chicago IL 1926- 1935 Henry J. Freyn President Freyn Engineering Chicago IL 1906-1935 Alfred J. Ebner Asst Vice President Freyn Engineering Chicago IL 1926-1935 Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 2 4. Koppers Tested Their Products A. Koppers conducted acute toxicity tests on all of their products except those containing asbestos Testimony of Industrial Hygienist Charles Flickinger 18 22 A Well the first thing that comes to mind 23 is she oversaw the acute toxicity testing program Koppers had 24 with the Industrial Health Foundation Industrial Hygiene 25 Foundation was the name at that time I think 36 2 Q And to your knowledge there was never 3 any acute toxicity study done on any of the -- on any product 4 that may have contained asbestos is that correct 5 A have no recollection 6 Q And there was never any Material Safety 7 Data Sheet prepared for any product that contained asbestos 8 that you recall 9 A Not that I recall 10 Q Do you believe that Koppers research 11 department kept itself aware of the various hazards of 12 materials kept itself current on knowledge of hazards of 13 different raw materials that were being used 14 A The research department 15 Q Yes 16 A Yes B. 8/18/52 Don Hanna Safety Advisor to Paul Barry 2222 Amherst Ave. Columbus OH Enclosing Saranac Laboratory analysis of Thiemold Demonstrates awareness of Saranac laboratories Documents Defendant Specific 1 Interrogatories Greco v Best 10/3/97 Cuyahoga County Ohio Blake v Best 6/3/97 Butler County Ohio 2 Interrogatories Mike Ilich v General Refractories Comapny et al 1/19/90 Mahoning County Ohio Universal Theim 3 Ohio Workers Compensation Records Self authenticating containing affidavits 4 Contract Documents site specific produced by the Defendant Documents Membership and Liability 1 IHF Exhibits A. Temporary Committee 1935 B. IHF Exhibits Abstracts and Proceedings 1937 1941-1983 National Safety Council Exhibits 1932-1970 American Ceramic Society Exhibits Documents The Bulletin Ceramic Abstracts 1930- 1963 American Society of Mechanical Engineers Mechanical Engineering 1933-1939 Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 3 Transactions membership lists 1934-35 1940 560 American Petroleum Institute 1950-51 1956-62 560 Seventh Saranac Symposium Anna Baetjer attendee 560 Chemical Manufacturers Association LAPI Committee Brochures on warnings Depositions 1 Charles Flickinger Industrial Hygienist 2 William Ice Engineering & Contracting 3 Nancy Dombrowski Corporate Rep 4. Drew Bachman Roofing Products Interrogatories to Read 3 Please describe Defendant's corporate history including any a Mergers b Consolidations c Asset purchases d Acquisitions or e Spinoffs a Koppers Company inc was incorporated in Delaware in 1944. On June 16 1988 BNS , Inc. BNS a Delaware corporation and indirect wholly subsidiary of Beazer PLC acquired indirectly more than 90 of the outstanding common stock of Koppers Company Inc. On November 14 1988 BNS acquired indirectly the balance of the comon shares On January 26 1989 the name of Koppers Company Inc. was changed to Beazer Materials and Services Inc. BM On April 16 1990 BM changed its name to Beazer East Inc. Note From 1969 to 1975 Universal Refractories a subsidiary of Thiem Corporation made asbestos hot top rings Koppers acquired Thiem in 1976 and merged Universal Refactories into Thiem Koppers sold the assets of Thiem in 1981. Testimony of Mary Dombrowski Wright March 27 1998. P. 36-37 Has Defendant ever engaged in the mining manufacturing selling marketing installation or distribution of containing products If so please state the following a The name of the company engaged in the activity whether it is Defendant Defendant's predecessor or Defendant's subsidiary b As to each product mined manufactured sold marketed installed or distributed please state the following 1 The trade or brand name 2 Its identification number model serial number etc. 3 The time period it was manufactured mined marketed distributed Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 4 or sold 4 Its physical description including color general composition and form 5 A detailed description of its intended use and purpose 6 A detailed description of the type package in which it was sold listing the dates of each type of package used a physical description of the package and a description of any printed material or trademarks that appeared thereon 78 The percent of asbestos which it contained 78 The percent of asbestos by asbestos type amosite crocidolite tremolite anthophyllite 030 The time period during which each of these products were on the market 030 A description of the physical composition of each product 030 How each of these containing product can be distinguished from those of competitors f A description of the physical appearance of such product g A detailed description of the intended uses a Koppers Company Inc. b Engineering and Construction Division 1 The Engineering and Construction Division of Koppers Company the & Division never manufactured any asbestos containing product The & Division provided design and construction services for the erection of making facilities including coke oven batteries basic oxygen furnaces and the like While & Division employees installed asbestos containing products during the initial construction those products were manufactured by other companies and it was the & division's ordinary practice that the customer rather than the & Division would furnish the materials for incorporation into the structure even on initial construction Koppers Company Roofing Products 1 Attached is a listing of the Koppers Roofing products that contains asbestos as well as descriptions of the products and their asbestos content Also attached is a product announcement issued by Koppers Company relating to asbestos in roofing products Coatings Note can be spread or sprayed Liquid Asphalt No. 472 Asphalt Roof Coating No. 454 Coatings to coat roofing system like paint for whole roof Aluminum Roof Coating 435 ( also 445 Koppers Roof Resaturant 410 Resaturant is to penetrate roofing system for spot Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 5 repairs Koppers Fiber Coating No. 415 Koppers Roof Resaturant 425 Insulation Exeltherm II Roof insulation Board stock to insulate roof No. 15 Tar Saturated Asbestos Roof Felt roll material Note Does not disclose Universal Refractories Hot Tops Mike Ilich v General Refractories Company et al 1/19/90 Mahoning County Ohio Interrogatory 1. Identify and list each containing product manufactured sold or distributed by you since 1930 including ut not limited to wallboard and drywall products thermal insulation products fireproofing products pipecovering and pipe insulation and refractory products Board Fiber Inserts Flex Fiber Rings Board Fiber Sideboards 1969-1975 1970-1975 1972-1975 One type of Flex contained 7.5 chrysotile and the other contained 18-22 amosite Board fiber inserts and sideboards contained 11.1 asbestos At first it was all chrysotile and was changed to have a predominant amount of amosite 8.01 Has this defendant ever purchased asbestos containing products from any other defendant Yes Beazer East purchased roofing felt at various times from Carey GAF and Celotex 8.02 If the answer to the preceding Interrogatory is yes please state the following a name each defendant from whom this defendant purchased any asbestos containing product b list each product purchased from each defendant c list the dates of each purchase of containing products from each defendant a Carey GAF Corporation Celotex Corp. b Roofing felt c Koppers Roofing Division did not have fixed contracts with the suppliers Rather Beazer East bought felt on an as needed basis for one of the three companies Koppers Roofing Division sold saturated roofing felt containing asbestos from 1964 until 1985 9 Did Defendant or any of Defendant's distributors as listed in response to Interrogatory Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 6 Nos 8.1 8.2 and 8.3 have sales representatives who specifically called on the sites listed on Exhibit 1 attached hereto from 1945 to 1975 If your response is yes as to each facility please state the following a | The name and last known address of each such representative and whether they are still employed by Defendant b The period of time they acted as your representative c Their general responsibility as to each facility d Whether that person is still alive and e Any documents relating referring or pertaining thereto Koppers & division dis not have any sales representatives Because of the limited number of companies like Koppers company that undertook construction and improvements to steel mils customers solicited Koppers Company for bids rather than Koppers soliciting business As a result Koppers company has no sales representatives who called on any of the listed sites from 1945-1975 Further Beazer East no longer maintains sales records from Koppers roofing Products division and thus is unable to respond to interrogatory no 8.3 regarding what companies may have sold Koppers roofing felt in Ohio during the specified period Note This is Directly refuted by William Ice deposition 27 Please identify all physicians industrial hygienists and other employees including their names and addresses who were employed retained or otherwise engaged by Defendant for research investigation or study concerning asbestos or asbestos diseases Koppers Company employed Donald McGraw M.D. from 1982-1988 Dr. McGraw's duties included dealing with asbestos issues as they related to Koppers employees Note fails to discuss several people such as Industrial Hygienist Charles Flickinger Dr. Anna M. Baetjer toxicologist of Johns Hopkins University Dr. Kolba Dr. Alonzo Lawrence who came to Koppers in the mid 1970s organized Corporate Occupational Safety group John Butala Koppers toxicologist or Mary Ann Stock toxicologist for Koppers 30.2 Has any engineer industrial hygienist or physician in your employ been a member in any professional group trade group or any of the following groups Asbestos Textile Institute National Insulation Manufacturers Association Thermal Insulation Manufacturers Association Quebec Asbestos Mining Association Asbestos Information Association Industrial Health Foundation Industrial Hygiene Foundation Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 7 Iron and Steel Institute National Safety Counsel Refractories Institute Air Hygiene Foundation of America Inc. Sprayed Mineral Fiber Association If the answer is yes state the following a The name of the group or groups in which the individual were members b The name and position individual within the Defendant as defined who were members The years the individual were members of the groups Whether the Defendant paid the individual dues or membership fees or reimbursed the individual for dues or membership fees in the group Koppers Company was a member of the Industrial Hygiene Foundation from 1949 until the early 1980s Beazer East further believes that some Koppers Company employees individually may have been members of the Industrial Health Foundation b Koppers company was a corporate member of the Industrial Hygiene Foundation Beazer East does not know the identities of any of the employees who may have been members of the Industrial Health Foundation This is refuted with IHF documents and National Safety Council Documents 33 Please state the year that Defendant was first advised of either threshold limit values or maximum allowable concentrations of both asbestos dust and total dust by the American Conference of Governmental Industrial Hygienists and state the name of the employee of the company receiving such advice Koppers Company was generally aware of threshold limit values maximum allowable concentrations and permissible exposure limits as they were published and changed by Federal and state governments from the incorporation of the company in 1944. Koppers Company was first specifically advised of TLV's issued by the ACGIH in the mid1980's when Koppers was first brought into asbestos litigation Refuted by Charles Flickinger Membership Documents 1930 1931 American Ceramic Society ACS Vol 9 P. 479 Mentions asbestosis and silicosis article from 1930 Don C. Lynn Koppers Laboratory Mellon Institute Pittsburgh PA membership ACS Vol 10 P. 531 Effects of Asbestos dust on lungs article Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 8 1933 1937 1936 Don C. Lynn Koppers Laboratory Mellon Institute Pittsburgh PA membership ACS Vol 12 Multiple articles on dust diseases and asbestos Koppers Corporate member Attendees of the Temporary Committee meeting C.W. Campbell Koppers Company Pittsburgh PA A.R. Powell Koppers Research Corp. Pittsburgh PA A.L. Watson Koppers Co. Pittsburgh PA ACS Vol 15 P. 262 Swedish Commission P. 49 Views on Silicosis 1937 1939 ACS Vol 16 ACS Vol 18 Koppers Corporate member P. 137-139 summaries of articles including asbestos P. 164 Asbestos German Workers comp statute noted P. 184 11 articles on asbestosis from 1930 P. 208-210 30 1931 articles on asbestos P. 210 4 articles from 1931 on cancer P. 417-419 lengthy summaries of articles on asbestos and dust disease Koppers Corporate member P. 63 Article on asbestosis 1940 ACS Vol 19 Koppers Corporate member P. 79 two articles mentioning asbestosis P. 81 one asbestos article P. 149 one asbestos article P. 165 Two articles on asbestosis P. 205-206 one asbestos article P. 228 One asbestos article Koppers Corporate member 11/10/42 IHF Proceedings Seventh Annual Meeting Industrial Hygiene Foundation Nov. 11 11 1942. Shows Koppers Company as new member 1943 ACS Vol 22 P. 64 one dust control article and one asbestos article 1945 ACS Vol 24 Koppers Corporate member P. 47 Prevention of asbestosis article 1946 Koppers Corporate member Regulation 247 Ohio Department of Health's Legal Requirements for the Prevention and Control of Industrial Public Health Hazards Regulation 247 of the Legal Requirements for the Prevention and Control of Industrial Public Health Hazards Specified a maximum allowable concentration for exposure to dust containing asbestos fiber Adkins v GAF Corp. S.D.Ohio 1988 706 F.Supp 559 562 aff'd 923 F.2d 1225 6/13/46 Workers comp D.W. Theim President Theim Products Company Milwaukee Wis to Don Hanna Safety Advisor Industrial Commission of Ohio Demonstrates Ability to test All of these washes have been tested Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 9 7/5/46 Workers comp Sept. 1946 ACS and approved by Employers Mutual Life Insurance Co. Of Wis And leading insurance companies in Michigan and Illinois Don Hanna Safety Advisor industrial Commission of Ohio to R.W. Getz Personnel Director Unit Cast Corporation Toledo OH Enclosing results of analysis of dust sample by Saranac laboratories Demonstrates awareness of Saranac ability to test P. 140 Histology of asbestosis Nov. 1948 ACS Koppers Corporate member P. 260 Asbestos two articles 1950 ACS Koppers Corporate member One article on dust diseases Feb. 1951 ACS Koppers Corporate member P. 42 Two articles on dust diseases P. 77 One article on asbestos dust diseases Koppers Corporate member 8/18/52 Workers Comp Don Hanna Safety Advisor to Paul Barry 2222 Amherst Ave. Columbus OH Enclosing Saranac Laboratory analysis of Thiemold Demonstrates awareness of Saranac laboratories ability to test products 22-26 7th Saranac 1963 Ceramic Anna Baetjer MD Koppers consulting toxicologist attended P. 63 One article on asbestos dust Koppers Corporate member 5. Contracts Various documents produced for product use and product ID Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 10 Depositions Charles Flickinger 6/11/98 Greco v Best et al P. 63 L. 1-5 11-20 24-25 Cuyahoga County Ohio P. 64 L. 1-11 14-21 23-25 Background P. 12 L 9-25 P. 65 L. 2-10 12-17 19-25 P. 66 L. 2-7 P. 13 L. 1-24 P. 14 2-7 25 P. 15 L. 1-25 P. L. 1-5 Consulting Toxicologist Product analysis IHF Warnings Duty to Warn Duty to Test P. 66 L.8-13 20-25 P. 67 1 3-6 8-12 14-19 21-25 P. 68 L. 13-16 18-25 P.P. 69 L. 1 3-10 12-15 17 membership P. 18 L. 8-25 19 1-25 P. 20 L. 1-25 P. 21 L. 1-4 8-19 P. 22 L. 18-25 P. 23 L. 1-25 P. 24 L. 1-5 12-24 P.P. 70 L. 2-16 P.P. 72 L. 6-8 10 14-18 20-25 P.P. 73 L. 1-7 9-14 16-24 P. 74 1-15 17-22 25 P.P. 75 L. 1-3 5-9 11-21,23-25 P. 76 L. 1-3 5-10 14-25 P.77 1-11 13-20 22-23 P. 78 L. 5-8 10-19 P. 25 L. 8-12 21-25 P. 26 L. 1-8 14-24 Lab at Mellon Institute P.28 1. 20-25 Asbestos P. 33 L. 24-25 P. 34 1-4 8-11 P. 35 L. 19--22 24-25 P. 36 L. 1-16 Library P. 40 L. 2-4 ACGIH Publications P. 43 L. 15-25 44 1-13 American Ceramic Society and Knowledge P. 54 L. 22-25 P. 55 L. P.P. 56 L. 57 L. 58 L. P.P. 59 L. 60 L. P. 61 L. 62 L. 1 3-16 8-9 11-25 1-3 5-25 1-25 1-25 1-25 1-16 18-25 1 4-8 10-15 17-22 24-25 Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 11 Charles Flickinger 6/11/98 Greco v Best et al Cuyahoga County Ohio Background 12 9 Q Now from the deposition that you gave in 10 the summer of '97 you began at Koppers in 1948 is that 11 correct 12 A Correct 13 Q And you worked for a few years as a 14 chemical engineer in Kearney New Jersey 15 A Kearney N Kearney 16 Q E what 17 A N 15 A Pilot plant operations 16 Q What was that 17 A It would be a small scale chemical 18 plant of operation meaning you worked with 25 50 or 19 100 gallons of size kettles versus 2,000 that sort of thing 20 or small distillation units versus the big outside towers 21 Q And was that dealing with coke 22 products 23 A Most of my involvement was with styrene 24 and its polymerization 18 Q Was that a seaboard coke plant 19 A Correct 20 Q And then from there you moved from the 21 job in Kearney to a job as night manager at Verona 22 Pennsylvania at the research department would that be 23 correct 24 A No. I continued in chemical engineering 25 at Verwell Verwell Verwell I started in Verona in the pilot plant and 14 2 Q And when you moved to Verona what work 3 were you doing there as a chemical engineer 4 A Well I started out operating polymer 5 pilot plants and then I was named like the supervisor of you 6 know the pilot plant of the polymer pilot plant It was a 7 three shift operation 25 Q Now after night manager what was your 13 1 that went through around '55 '56 2 Q Okay 3 A And then I was made night supervisor 4 QI QI was going to try to shorten it by 5 summarizing what was said before Let me go through your 6 background then 7 When did you graduate from Penn State 8 A 1948 9 Q Have you worked for anybody besides 10 Koppers 11 A No. 12 Q And when you came out of school and went 13 to work for Koppers in New Jersey as a chemical engineer 14 what kind of work were you doing 15 1 next job 2 A I think it was titled manager of 3 facilities which included the guards the janitors And 4 then most of that job was being safety engineer for the 5 Verona facility 6 Q Now while you were in this job was that 7 the point when you were approached to take graduate work and 8 become an industrial hygienist 9 A That's correct 10 Q And approximately when did that occur 11 A would say 1957 12 Q And it took you about two years to 13 complete your degree Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 12 14 Yes 15 Q And when did you graduate 16 A 1960 17 Q And at that point were you titled 18 industrial hygienist 19 A No. I think the -- I retained the safety 20 engineer title for I don't know another -- for a short 23 is she oversaw the acute toxicity testing program Koppers had 24 with the Industrial Health FoundationFoundation Industrial Hygiene 25 Foundation was the name at that time I think 19 time 21 and then I was named industrial hygiene and safety engineer 22 for the research department 23 Q And did you maintain that job until 24 somewhere in the mid 70s 25 A Yes 16 1 Q And what happened then 1 My relation with her was strictly within 2 the research department So I can't honestly say if or 3 whether she did anything you know beyond -- well she my 4 understanding was that Dr. Kolka was her contact person in 5 the research And then she went through him you know not 6 in a sense to come to me but I mean she would call him to 2 A The company brought in Dr. Lawrence and 3 he organized the corporate occupational health and safety I 4 believe was the title group in the Koppers building 5 downtown 7 set up dates for visits that sort of thing 8 Q Did you ever have any direct dealings 9 with Dr. Baetjer 10 A Yes 11 Q And what kinds of things do you remember Consulting Toxicologist product analysis IHF 18 8 Q Dr. Baetjer was a consulting toxicologist 9 for Koppers that's correct 10 Yes 12 talking about or working together on 13 A Well for the research department I 14 started preparing Material Safety Data Sheets And what we 15 did was find one published by Dow in the I think it was in 11 Q She was consulting beginning in the 50s 12 or before 13 A Well my knowledge would have started 14 around of her and my impression was it would have been 15 about 1957. Something like that 16 the American Industrial Hygiene Journal and we adopted that 17 format with one that was titled Koppers Company 18 Q And do you remember when Koppers first 19 started doing these Material Safety Data Sheets Was that in 16 Q So almost as soon as she came in she 17 started asking or putting out there that Koppers needed an 18 industrial hygienist 20 the 60s or early 70s 21 A That was as far as I know I was the 22 only one that was doing it and that would have been in the 19 A That was my impression 20 Q Do you remember what kinds of consulting 21 work she did as a toxicologist 22 A Well the first thing that comes to mind 23 early 60s I'd say 24 Q Now can you tell me what a Material 25 Safety Data Sheet is Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 13 20 1 A Well at least the ones that I prepared 2 were single page well both sides 8 and half by 11. The 3 top part would have -- the top part of the title page would 4 have the material's name and physical properties . That would 5 take in about the top third 6 And then the bottom thirds there 7 were boxes so to speak with the different toxicity roots 8 meaning ingestion inhalation skin penetration and I think 9 skin contact 10 In each of those boxes were a series of 11 the hazard potential ranging from severe to low -- a low 12 order of toxicity 13 Q Did it also discuss precautions 14 A Well that was on the other side 15 Q Okay 16 A And -- well then the other side had 17 precautions and the type of say respiratory equipment or 18 skin -- well for inhalation protection skin protection 19 There were several other items I don't recall exactly 20 Q Now you mentioned the materials name and 21 properties was that for raw materials that were being used 22 in the research department or was that for finished products 23 that were being used or what 24 A Of raw materials and then as the research 25 department would turn over well research of materials ready 21 1 for commercialization they would have a report And then in 2 the back of that report I would have safety data sheets 3 relative to the product and the materials that went into the 4 process 8 Q Was that the development of products for 9 the entire Koppers Company or was it for one particular 10 segment of Koppers 11 A Well basically it was overall 12 Q So if I understand what you said 13 correctly the research department served as research and 14 development essentially for all of Koppers and once a 15 product was developed that could be commercially produced 16 all of the material was sent to that division ready for them 17 to try to put it into commercial production would that be an 18 accurate statement 19 Yes 22 18 Q You also mentioned that Dr. Baetjer was 19 working with Koppers on an acute toxicity program with the 20 Industrial Hygiene Foundation is that correct 21 A Yes 22 Q Can you describe that a program little 23 bit for us so I can understand what the program was 24 A Essentially the various products of 25 Koppers that had no basic acute toxicity data were evaluated 23 1 for acute toxicity . 2 Q Now was this the commercial products 3 that were being put out there in the market by Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 14 Koppers is 4 that what you're talking about A Yes 6 Q And she was for the ones that Koppers 7 didn't already know the toxicity data she was developing 8 data for the other existing products 9 A She would have a sample of that product 10 submitted to the IHF and they would do the acute toxicity 11 testing on animals 12 Q So did Dr. Baetjer function as kind of a 13 middle person between Koppers and the IHF in coordinating 14 studies on products or would that be an accurate 15 representation of her role in that or was she developing the 16 program itself 17 A would say that she acted as the 18 supervisor or professional person in you know reviewing 19 their toxicity reports And then I would send a copy 12 Q Do you know how she came to select a 13 particular product for a study 14 A Her contact person in research was Dr. 15 Kolka 16 Q Was he also involved in this acute 17 toxicity program 18 A Other than my sending him a copy of all 19 correspondence no 20 Q So at Koppers who besides yourself and 21 Dr. Baetjer as a consultant were involved in this acute 22 toxicity program directly in collecting the data and 23 disseminating it 24 A I'm not aware of anybody else 25 8 Q Did she publish any of her results do 9 you know outside of Koppers in any kind of a professional 10 publication 11 A Her name was widely known but I don't 12 recall any publications per se to 20 whatever division -- well several copies to the particular 21 division that you know had that product and I would write a 22 cover letter 23 And she would you know -- well we would 24 get together I guess you'd say on a cover letter and 21 Q Do you know what was done with the 22 Material Safety Data Sheet information by the divisions that 23 were producing the products commercially do you know if they 24 were distributed outside the company 25 A No. It was directed towards the safety I'd 25 send her a copy so that she would review whatever statements 24 1 that I made relative to that 2 Q Now you mentioned that she was working 3 on products for which Koppers didn't already know the 4 toxicity data is that correct 5 A Yes 26 1 director there That's all I actually know 2 Q Now Koppers was already a member of the 3 IHF when you began in research is that correct 4 A don't honestly know 5 Q Well actually from the IHF we have 6 obtained the new members list for 1942 and that was the year 7 that Koppers joined and I'm going to show you that particular 8 page Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 15 14 Q When you were with Koppers was Koppers 15 active within the Industrial Hygiene Foundation in sponsoring 16 research or fellowships 17 A Other than the acute toxicity -- well 18 I'm saying acute There were others but other than the 19 toxicity testing program I wasn't aware they had annual 20 meeting and that sort of thing that I went to 21 Q Do you know if anybody else from Koppers 22 attended the annual meetings of the Industrial Hygiene 23 Foundation 24 A I couldn't say for sure Lab at Mellon Institute 28 20 Q Did Koppers ever have a laboratory or a 21 fellowship with the Mellon Institute that you're aware of 22 A Yes when I started in 1948 the 23 laboratory people that later came to Verona were -well 24 part of the Mellon Institute but I understand they were 25 Koppers people or did Koppers research 29 1 Q Do you know what kind of research they 2 were doing at Mellon Institute 3 A Well it was the same groups that moved 4 to Verona '51 or near the end of '51 5 Q So it would be the same research 6 A Yes The laboratory people Asbestos 33 24 Q Do you know whether any of the acute 25 toxicity studies or Material Safety Data Sheets that you 34 1 worked with or that were handled by Koppers involved 2 discussions of hazards of asbestos 3 I'm pretty sure that I made one or 4 prepared one for asbestos 8 Q You were aware that asbestos was 9 hazardous as part of your studies for your masters in 10 industrial hygiene correct 11 A Correct 35 19 Q How expensive was it to test a product 20 for the acute toxicity program Did it seem to you to be 21 very expensive undertaking or something that was reasonable 22 economically 24 A What comes to mind is about 2,000 which 25 isn't cheap isn't expensive That's just for the acute 36 1 type 2 Q And to your knowledge there was never 3 any acute toxicity study done on any of the -- on any product 4 that may have contained asbestos is that correct 5 A have no recollection 6 Q And there was never any Material Safety 7 Data Sheet prepared for any product that contained asbestos 8 that you recall 9 A Not that I recall 10 Q Do you believe that Koppers research 11 department kept itself aware of the various hazards of 12 materials kept itself current on knowledge of hazards of 13 different raw materials that were being used 14 A The research department 15 Q Yes 16 Yes Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 16 Library 40 2 Q Did Koppers have a library of the 3 research department A Yes American Ceramic Society and Knowledge 54 22 Q And you see in 1933 Koppers was a 23 corporate member of actually Koppers Research Corporation ACGIH Publications 43 15 Q Do you recall whether there were old 16 already existing publications of the Industrial 24 was a corporate member of the American Ceramic Society do 25 you agree 55 Hygiene 17 Foundation there at Verona 18 A Yes I believe there were 19 Q And did you ever look through back issues 20 of the ACGIH publications to determine in terms of research 21 what had been done on particular substances 22 A That was one of the references that I 23 used 24 Q In addition to the chemical abstracts and 25 going back to the year summaries on that you would also A Yes 3 Q I'm going to show you some pages some 4 references Okay Starting on a page that's titled Notes 5 and News if you'll look there's an abstract of an article 6 by W.E. Cooke with an E do you see that one from the 7 British Medical Journal from 1924 A Yes 9 Q And the subject matter of that particular 10 abstract deals with what 44 1 look back in older issues of IHF abstracts is that correct A Yes 3 Q Do you remember ever doing that for 4 asbestos 5 No. I believe I accepted the you know 6 the information that was available at the time of you know 7 the preparation of the data sheet 8 Q The material from the chemical abstracts 9 the current chemical abstracts or the ACGIH 10 A Well they had a publication on the TLVS 11 and that contained you know information relative to the 12 hazards and the in a sense the background toxicity data 13 health hazard and that 11 A Fibrosis of the lungs due to inhalation 12 of asbestos dust 13 Q And it cites three particular articles 14 dealing with asbestos and asbestosis from 1924 to 1929 do 15 you see that 16 A Yes 56 8 Q And as a member that was a publication 9 available to them in 1933 correct 11 A would assume so 12 Q And in that publication in 1933 it cites 13 articles on asbestos and asbestosis correct 14 A Correct 15 Q If you'll go down that column you'll 16 notice an article listed by an S.R. Gloyne do you see that 17 one It's about fourth from the bottom Can you tell me Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 17 18 what the subject matter of those abstracts are 19 A Presence of asbestos fiber in lesions of 20 asbestos workers 21 Q And it cites articles from Tubercle 22 Magazine from 1929 to 1930 is that correct 23 A Correct 24 Q And both of those references are to 25 asbestos and asbestosis is that correct 57 1 A Correct 2 Q And those are in this same 1933 document 3 publication to which Koppers was a member correct A Yes 6 Q And if you flip to the next page if you 7 look at the first citation the first full citation it 8 references an abstract from an article by an A.C. Haddow 9 W do you see that from the British Medical 10 Journal 11 A Okay Yeah 12 Q What's the subject of that abstract 13 A Clinical aspects of pulmonary asbestosis 14 Q That's from 1929 correct 15 A Yes 16 Q And if you go to the next column you see 17 two articles by A.J. Lanza The fourth one down in there is 18 a citation to an article by K.M. Lynch and W.A. Smith 19 correct 20 A Correct 21 Q What's the subject 22 A Asbestos bodies in sputum and in lung 23 Q That's from the Journal of the American 24 Medical Association in 1930 25 A Yes 58 1 Q And then do you see the next citation 2 right after that by S. McDonald A Yes 4 Q And what's the subject matter of that 5 one 6 A Histology of pulmonary asbestosis 7 Q And that's from the British Medical 8 Journal in 1927 is that correct 9 A Correct 10 Q And if you go down to -- there's two 11 citations from E.R. Merewether do you see those 12 A Yes 13 Q And the abstracts from the article is by 14 E.R. Merewether can you tell me what the subject matter of 15 those are 16 A The first is occurrence of pulmonary 17 fibrosis and other pulmonary affections in asbestos workers 18 is the first The next report is report on effects of 19 asbestos dust on the lungs and dust suppression in the 20 asbestos industry 21 Q And those are both from 1930 correct 22 A Correct 23 Q And the first one was from a publication 24 called the Journal of Industrial Hygiene 25 A Correct 59 1 Q And if you - these are also in 2 alphabetical order if you go down and T. Oliver do you see 3 that one A Yes 5 Q Can you tell me what the subject matter 6 of those abstracts are 7 A Pulmonary asbestosis sociomedical study 8 Q And that appears to be from a German 9 publication in 1930 is that correct 10 A Correct 11 Q And ifI remember your testimony earlier 12 Koppers was actually begun by Heinrich Koppers in Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 18 Germany is 13 that correct 14 A Correct 15 Q And there are also two other citations 23 lung puncture and in the sputum 24 Q And you see that those are from 25 publications in 1928 and 1929 16 from the British Medical Journal and the Journal of 61 17 Industrial Hygiene in 1930 in that abstract is that 1 A Correct correct 18 A Correct 19 Q If you go to the next page and if you 20 look there's an abstract by H.E. Seiler R do you 21 see that one 22 A Excuse me Yes 2 Q And if you go over to the next column 3 there are three abstracts in a row from W.B. Wood can you 4 tell me the subject matter of those abstracts 5 A The first pulmonary asbestosis 6 radiographic appearances in skiagrams of the chests of 23 Q Can you tell me what the subject matter 24 of those two abstracts are 25 A Case of pneumoconiosis Result of 7 workers in asbestos 8 Q And you see the two following it also is 9 regarding pulmonary asbestosis is that correct 60 1 inhalation of asbestos dust 2 Q Do you know what pneumoconiosis means 3 A It's some dysfunction of the lung 4 Q Due to dust disease I'm just asking if 5 you personally recall from your work as an industrial 6 hygienist that term 7 A That seems right 8 Q If you go on down there's an abstract of 9 an article by a W.P. Soper do you see that 10 A Yes 11 Q Can you tell me what the subject matter 12 of that abstract is 13 A Pulmonary asbestosis Report of a case 14 and a review 15 Q And do you see there is one by M.J. 16 Stewart and A.C. Haddow do you see that 17 A Yes 10 A Correct 11 Q Those three from W.B. Wood were published 12 in 1929 or 1930 is that correct 13 A Correct 14 Q All of the abstracts that you have just 15 looked at were all in a publication of a group to which 16 Koppers was a member correct 18 A As I said before I assume so 19 Q And you saw that Koppers was listed as a 20 corporate member in this publication 21 A Correct 22 Q So if this document is correct that it's 23 a publication that was available to Koppers in 1933 and of a 24 group to which Koppers belonged do you have any doubt that 25 Koppers had information available to it on asbestos as 18 Q What is the subject matter of those 19 abstracts 62 20 A Demonstration the peculiar bodies of 21 pulmonary asbestosis and then in parenthesis quote asbestos 22 bodies unquote end of parenthesis in material obtained by 1 cause of disease 4 Q In 1933 5 A Assuming that someone read the bulletin 6 yes 7 Q But it was available to them whether Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 19 8 they decided to read it or not correct 10 A Well again assuming they received the 11 journal 12 Q But what I'm saying is As a member 13 this was available to them whether they received it whether 14 they read it whether they decided to line bird cages with 15 it it was something that was available correct in 1933 17 Q Correct 18 A Correct 19 Q And the information in this that we just 20 talked about all the different abstracts on asbestos and 21 asbestosis that was also available to Koppers as a member of 22 the group in 1933 correct 24 A It would have to be yes 25 Q The next thing I'd like to show you is a 63 1 membership roster from the bulletin of the American Ceramic 2 Society from Volume 9 1930 and I'm going to flip it open to 3 the page the particular page where if you look at the 4 bottom there's a reference to a Don C. Lynn do you see 5 that 11 Q Go ahead 12 A Yes I see 13 Q At that time Don Lynn was listed as 14 working for the Koppers laboratory at the Mellon Institute 15 correct 16 A Correct 17 Q We had talked earlier that Koppers had 18 their research facilities partly at the Mellon Institute at 19 the time when you joined in 1948 correct 20 A Correct 24 QI want to show you an excerpt from volume 25 9 1930 of the Ceramic abstracts page 479 and ask you to 64 1 look at an abstract of an article from an M.J. Stewart If 2 you see it's the second one highlighted Do you see that 3 A Yes 4 Q And what's the subject matter of that 5 abstract 6 A Silicosis was formerly believed to be the 7 result of mechanical irritation by fine particles of silica 8 it now has been traced to the action of colloidal silica 9 Q Do you see after that there's an abstract 10 of asbestosis and silicosis do you see that 11 A Would you say that again 14 Q Okay Correct And the title of that 15 abstract is what 16 A Asbestos and silicosis 17 Q And this was published in 1930 correct 18 A Correct 19 Q And the Koppers research laboratory at 20 Mellon Institute had employees who were a member of this 21 group at that time correct 23 A Apparently 24 Q And as such this information would have 25 been available to Koppers in 1930 is that correct 65 2 A Apparently 3 Q Rather than do this I could go through 4 articles in great detail but if I represent to you that the 5 ceramic abstracts show that Koppers was a corporate member 6 from 1933 until at least 1963 continuously the information Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 20 7 that was published in those particular publications are the 8 bulletin and the abstracts contained information that from 10 Koppers research department internally to the divisions or was 9 readily available to Koppers during that period would you 10 agree 11 from the divisions to the people who were purchasing products 12 or working at the job sites where the engineering and 12 A Apparently yes 13 Q And if represent to you rather than 14 pulling out every article and going through it in detail 15 that there were publications of articles in 1936 that 16 referenced asbestosis in 1936 that information would have 17 been available to Koppers as a member of this group correct 13 contracting division worked about the hazards of asbestos 20 A don't recall 21 Q You don't recall any such warnings going 22 out 23 No. 24 Q During that entire period information 25 about the hazards of asbestos was readily available to 19 A Apparently 20 Q And if I represent to you that there are 21 articles in 1937 1939 1940 1943 1945 46 48 1950 1951 22 1963 all referencing asbestos and asbestosis all of the 23 information during those years in those articles would have 24 been available to Koppers as a corporate member of this group 25 during those periods correct 66 2 A Apparently 3 Q Now do you have any doubt that Koppers 4 readily had information available to it as a corporation and 5 as a member of this group on the hazards of asbestos from 6 1930 until 1963 7 A Apparently Warnings Duty to Warn Duty to Test 66 8 Q And during the time that you worked at 9 Koppers do you recall any warnings going out either 67 1 Koppers correct 3 A Apparently 4 Q Do you believe that Koppers had an 5 obligation to warn purchasers of its product about any 6 potential hazards associated with this product 8 A Yes 9 Q Do you believe that Koppers engineering 10 and contracting division had an obligation to warn employees 11 of the plant owner where they were doing construction work 12 about the hazards of any products that it was installing 14 A Well I assume that would be a 15 partnership obligation between Koppers and the plant 16 Q Who was in a better position to know what 17 particular products were being installed Koppers 18 engineering and construction division or the employer who 19 owned the plant 21 A I would think 50-50 22 Q Are you aware whether or not the plant Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 21 23 owners ever purchased the materials or are you aware whether 24 that was Koppers obligation as part of its contract 25 A Well I would assume that would be in the 68 13 Q Did Koppers engineering and construction 14 division do you believe they had an obligation to warn 15 bystanders of the hazards of the materials they were putting 16 in 18 A The term bystanders would mean 19 Q People who weren't working for Koppers 20 that were in the area 21 A But were plant personnel 22 Q Or working for other contractors 23 A I would assume so 24 Q You believe Koppers had an obligation to 25 warn those people of the hazards of any products that they 70 2 Q Do you know whether Koppers had any 3 procedure or policy in place to insure that they complied 4 with Workers Compensation statutes regarding exposure levels 5 for asbestos 6 A No I have no way of knowing 7 Q Have you ever seen any data or reports 8 from any of the divisions of any air sampling that was done 9 either by the engineering and contracting division or any of 10 the other product producing divisions of Koppers by those 11 divisions 12 A have no recollection 13 Q As you sit here today you have no 14 knowledge that they ever did any of that kind of air 15 sampling 16 A I'm not aware of it 69 1 were using 3 A Yes 4 Q Assuming that the contracts which we 5 have for Armco and the accompanying notes demonstrate that 6 asbestos products were used by Koppers and were purchased and 7 provided by Koppers and installed by Koppers at Armco do you 8 believe they had an obligation to warn the Armco workers and 9 other contract workers of any hazards of any of the products 10 that they were using 12 A Well I'd assume it was still an equal 13 you know obligation on all the parts 14 Q It was an obligation that fell part of 15 the responsibility fell on Koppers correct 17 A Correct 72 6 Q But certainly as a member Koppers had 7 access to the abstracts that were being published by the 8 Industrial Hygiene Foundation correct 10 A Koppers per se I would believe so 14 Q So as a company Koppers would have had 15 available to it while they were a member of the Industrial 16 Hygiene Foundation the information on the hazards of 17 asbestos that were published in the abstracts in the 1940s 18 correct 20 A I would assume so 21 Q So after going through the information 22 from the American Ceramic Society and talking about the 23 Industrial Hygiene Foundation do you have any doubt that in Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 22 24 the 1940s Koppers was aware of asbestos as a hazardous 25 material 73 1 A It would appear so 2 Q It would appear so what 3 A That they would have knowledge 4 Q And based on your prior testimony you 5 agree that Koppers had an obligation to inform people of the 6 potential hazards of products that Koppers produced that 7 contained asbestos in the 1940s or 50s or 60s correct 9 Yes 10 Q And also based on your testimony you're 11 unaware of any warnings of Koppers ever warning anyone about 12 hazards of products that Koppers sold that contained 13 asbestos that Koppers used in their construction contracts 14 that contained asbestos correct 16 A There may have been something like that 17 on labeling I don't honestly know 18 Q Now if the labeling documents that have 19 been produced to us on products that Koppers admits contained 20 asbestos in the 60s and 70s and even the 80s contained no 21 warnings that asbestos was a component part or that asbestos 22 was potentially hazardous do you think that that was an 23 obligation of Koppers at that time to put such a warning on 24 those products 74 1 A Depending on the concentration of the 2 asbestos in the material yes 3 Q Can you tell me what you mean by the 4 concentration of asbestos in the material 5 A Well whether the material was liquid 6 solid and the potential for the asbestos to depart from the 7 material it was in 8 Q If Koppers was producing let's say a 9 mastic kind of a liquid quasi liquid material do you know 10 what I'm talking about when I say mastic 11 A Coating like 12 Q Correct Let's assume that Koppers made 13 a mastic coating that contained asbestos fibers do you 14 believe that Koppers had an obligation to at least test the 15 material to determine whether it would release fibers 17 A would assume so 18 Q And if the testimony provided thus far by 19 people who worked in that particular division is that Koppers 20 never tested its mastics to determine whether fibers were 21 released do you think that was an obligation that Koppers 22 has violated to the general public 25 A Yeah 75 1 Q So at least at minimum Koppers should 2 have tested the product to determine whether it could release 3 fibers correct 5 AI assume so yeah 6 Q And if Koppers failed to do that you 7 believe that they failed to do what at bare minimum they 8 should have done as an asbestos product manufacturer 9 correct Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 23 11 A I would assume so 12 Q If Koppers made an insulation board for 13 roofing that contained asbestos do you believe that that 14 board had a higher potential to release fibers than a roofing 15 mastic 21 A Yeah 22 Q Have you seen the bag actually opened and 23 dumped into a trough or something and mixed with water 24 A Yes 25 Q The process of opening the bag and 16 A What kind of a board again 17 Q roofing insulation board 18 A I would think so yes 19 Q And do you believe that Koppers had an 20 obligation to test those products to determine whether or not 77 1 dumping it into a trough does that create dust A Yes 3 Q If asbestos cements or castables are 4 similar in the release of dust do you believe that there is 21 they would release fibers 23 A It would depend on the condition of use 24 Q At bare minimum Koppers do you believe 25 Koppers should have at least tested their products to 76 1 determine in its use it could have the potential to release 2 asbestos fibers 3 A Probably should have 5 Q Now as far as the engineering and 6 construction division goes if they were using let's say a 7 dry cement that contained asbestos and they were mixing it 8 out in the open where other people either their own workers 9 or other workers could be exposed to it do you believe they 10 had an obligation to warn people of that potential exposure 14 A Well the potential for that situation 15 for asbestos exposure doesn't seem very great but it 16 probably wouldn't have hurt 17 Q Have you ever seen cement mixed not just 18 asbestos but just cement 19 A Other than on a home site no 20 Q Have you seen it mixed at a home site 5 a higher potential of exposure to asbestos from that than 6 say a roofing material A Yes 8 Q Do you believe that if Koppers knew that 9 it was using an containing cement in that kind of 10 format they had an obligation to warn the people around them 11 that there was a potential for exposure 13 A Yes 14 Q If Koppers did not warn individuals in 15 the area where they were doing construction work that they 16 were using asbestos products like cements or pipe insulation 17 or block insulation or asbestos ropes that they were using 18 asbestos products do you think that they or do you believe 19 that Koppers violated an obligation that it had to people 20 that were working for them or around them 22 A While the potential doesn't seem very 23 high probably should have 78 5 Q Do you think that the Koppers 6 engineering and construction division had at Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 24 minimum an 7 obligation to do air sampling to determine whether the levels 8 were being met or exceeded 10 A It would have been helpful yes 11 Q They had the capabilities of doing it 12 didn't they 13 A I'm not aware that they did or didn't 14 Q Koppers had at least one industrial 15 hygienist in their employ correct 16 A Correct 17 Q So at minimum your presence could have 18 been requested to do air sampling correct 19 A Yes Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 25 William Ice Greco v Best et al March 27 1998 Feb. 11 1999 Background 17 12-25 18 1-15 24-25 19 1-8 P. 20 L. 2-5 Corporate History P. 76 L. 20-25 77 1-5 P. 78 L. 13-19 Engineering & Construction Sales P. 82 L. 4-20 Use of Asbestos in construction P. P. 179 L. 11-21 P. 180 L. 1-8 P. 191 L. 3-25 192 L. 1-16 P. 195 L. 14-18 196 L. 7-25 P. 198 L. 7-12 25 199 1-14 P.202 L. 24-25 203 L. 1-18 P. 211 L. 25 P.212 L. 1 10-17 213 L. 1-3 P. 214 217 L. L. 2-8 11-23 14-16 23-25 P. 219 L. 25 P.P. 220 L. 1-25 Steel Mill Piping and Asbestos Products Feb. 11 1999 37 21-24 P. 38 L. 1-25 39 1-25 P. 40 L. 1-25 P. 41 L. 1-25 P. 42 L. 1-25 P. 43 L. 1-25 P. 44 L. 1-25 P. 45 L. 1-25 P. 46 L. 1-25 47 7-25 P. 48 L. 1-25 49 1-25 P. 50 L. 4-25 51 P. P. 52 P. P. 53 P. 54 55 L. 1-10 19-25 L. 1-25 L. 1 3-25 L. 1-25 L.1-15 20-25 56 1-12 57 L. 13-25 58 L. 1-10 16-22 P. 59 L. 5-25 60 L. 1-25 61 L. 1-15 62 L. 1-19 24-25 P. 63 L. 1-25 64 L. 1-5 8-13 23-25 P. 65 L. 1-25 66 L. 1-2 7-14 67 L. 5-21 25 P. 68 L. 1-13 1-13 22-23 69 L. 2-3 6-23 P. 70 L. 23-25 71 1-5 8-9 P.P. 72 L. 2-6 15-20 24-25 73 L. 1-3 P. P. 112 L. 1-25 P. 113 L. 1-25 P. 114 1-25 P. 115 L. 1-15 Respirators P. 208 L. 23-25 P. 209 L. 1 5-6 Exposure of bystanders P. 119 L. 24-25 P. 120 L. 1-7 11-16 Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 26 William Ice Greco v Best et al March 27 1998 Feb. 11 1999 Background 17 12 Q Okay Now let's talk about your 13 work history I'd like to go through just an outline 14 ofjobs you've held and companies you've worked for 15 and then we'll focus in on probably Koppers After 16 college what was your first job 17 A Koppers Engineering Construction 18 Division 19 Q When did you start with Koppers 20 A 1952 21 Q Okay And have you worked for 22 anyone else besides Koppers 23 A Yes 24 Q Who else 25 A I worked for -- it was at the time 18 L. 1-15 24-25 1 known as Raymond Kaiser Engineers 1984 to '86 2 Q Okay Is that the company that is 3 now known as ICF Kaiser A Yes 5 Q Okay And after that what was 6 your next job 7 A Keystone Environmental Resources 8 Q And when were you employed there 9 A 1987 - I'll give you an answer 10 like this Through '91 although they were purchased 11 and the name changed but it -- it was still the same 12 group 13 Q Okay And they were purchased by 14 whom 15 A Chester Engineers 24 Q Okay And after '91 did you have 25 any other employment after that 19 1 AI AI actually worked another year 2 after retirement from Chester as a consultant to 3 Chester and I completed that in '92 And since that 4 time I have been employed 5 Q And what is the nature of your 6 employment 7 A Consulting in coke plant 8 operations 20 2 Q Okay And can you tell me some 3 about consulting with Beazer 4 A Generally it had to do with 5 litigation Corporate History 76 20 Q Okay Now I want to go over your 21 understanding of the history of the Koppers Company if 22 you can kind of outline what you recall from your 23 tenure at Koppers the history and evolution of 24 Koppers 25 A Koppers to my knowledge started 77 1 as Koppers Construction Company in 1907 built a 2 battery in Joliet Illinois 3 Q Okay 4 A Was nationalized during First World 5 War and became an American corporation 78 13 Q Is your understanding of the 14 Koppers business and in the beginning as Koppers 15 Construction -- their predominant business was the 16 construction of coke oven batteries and did it evolve 17 later into the offshoots of coke ovens and coal tar and 18 the associated products that flow from there 19 A That's correct Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 27 Engineering & Construction Sales 82 4 Q Okay Now in the E and C 5 Division can you tell me how the marketing or sales 6 end of that worked Was it something that there was an 7 organized effort to go out and contact steel facilities 8 and say We have the expertise to build this kind of a 9 facility or to repair this kind of facility and kind 10 of solicit new contracts that way 11 A Yes 12 Q Okay It wasn't one where you 13 could just sit back in Pittsburgh and people would be 14 calling you all the time saying You're the only one 15 in the country that can do this Please do it for me 16 A That is -- that is a correct 17 assessment You didn't sit and wait for orders 18 Q Okay Was the business of the E 19 and C Division highly competitive 20 A Yes Use of Asbestos in construction 179 11 Q Okay When Koppers E and C would 12 go out to start up a contract is it fair to say that 13 the trade men were hired from local union halls 14 A Yes 15 Q Okay And can you tell me what -16 let's say on the construction of a new coke battery 17 what trades would be involved 18 A Laborers carpenters cement 19 finishers bricklayers iron workers millwrights 20 pipefitters sometimes boiler makers electricians 21 Those are the main crafts that would be utilized 180 1 Q Okay Insulators 2 A To the best of my knowledge that 3 was always sublet 4 Q Okay 5 A I'm not saying that's always true 6 but that was a general policy to sublet insulation 7 Q By sublet you mean subcontract 8 A Subcontract yes 191 3 Q Okay If there was something 4 called rope that was used to caulk door jams can you 5 tell me what kind of product that would be in 1960 6 A 1960 -- that would be asbestos 7 rope 8 Q Okay Can you describe for me what 9 asbestos rope is 10 A It's just fibrous asbestos that is 11 if you will manufactured and wound into a -- into a 12 looking form 13 Q Okay And do you know what the 14 purpose ofa rope would be in caulking a door jam 15 A The purpose is to fill a void with 16 a material that can allow for expansion or give 17 Q Okay If there's a note on 18 insulating steam piping what kind of insulation would 19 be used on steam piping in conjunction with a project 20 such as where they're building or repairing a coke oven 21 battery 22 A That could vary 23 Q Okay 24 A That could be a number -- a number 25 of materials Could be calcium silicate 192 1 Q Okay What about a magnesium base 2 A Could be magnesium 3 Q Okay Would this be a preformed 4 product 5 A Normally yes 6 Q Okay Now if we're talking -- if 7 we're talking about steam piping what would be the 8 typical diameter of steam piping that we'd be talking Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 28 9 about Would it be as large as the exit piping that we 10 talked as inch or -- 11 No. 12 Q Okay What size are we talking 13 about 14 A It can vary from inch to 15 inch Could be greater but in the areas you're 16 talking about that covers it 9 something called asbestos blanks in venting stand 10 pipes what kind of product would that be 11 A It -- it would be an 12 containing sheet of material 25 Q Okay Earlier you talked about 199 1 blanks 195 14 We don't have the original oversize to be able to look 15 at more detail If you'll notice also on that drawing 16 below that there are indications of the placement of 17 both asbestos rope and asbestos paper 18 A Yes 196 7 Q Okay And what would be the 8 purpose of putting asbestos paper there on the sides 9 and top of the crossover 10 A To allow for a slip joint for 11 expansion during the heat 12 Q Okay Going back to the issue of 13 insulation if it's a poured material would that be a 14 dry material poured to fill a void or would it be a 15 poured wet mixture 16 A That would be a poured wet mixture 17 Q If it was a poured wet mixture is 18 there another name for that that would be used If I 19 were to talk to a manufacturer would it be called a A Yes 3 Q Do you remember A Yes 5 Q And describe for me again what a 6 blank is 7 A Blank is a -- a piece of material 8 installed to produce a mechanical separation between 9 two areas in a system 10 Q Okay And if I recall your 11 testimony earlier did you say that the blank combined 12 a piece of metal and a piece of board material 13 A That's what we read in the item 14 that we were looking at 202 24 Q Was in your experience asbestos 25 paper ever used in conjunction with silica bricks to 203 1 create expansion joints in the process of building the 2 refractory part of the coke oven 3 A Yes 20 A They would be using an insulating 21 concrete 22 Q Or an insulating cement Would 23 that be the same thing 24 A Could be depending on how they use 25 the terms 198 7 Q Okay Would there be -- when we 8 were talking about blanks earlier if there are 4 Q Okay Would that be inside the 5 furnace itself 6 A It would be inside the oven 7 structure yes 8 Q The oven I'm sorry Oven okay 9 Was that a common practice to use asbestos paper for 10 expansion joints 11 A Yes 12 Q Okay Was there ever a time in 13 your experience with working with coke oven 14 construction projects that Koppers ever Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 29 discontinued 15 the use of asbestos rope in coke jobs 16 Yes 17 Q When was that 18 A During the 70s 211 19 cement be used 20 A It can be used several ways It 21 can be used in conjunction with other materials to form 22 an insulating concrete It can be -- I -- you know 23 I -- 25 Q Okay How about Corning 212 A Yes 10 Q How about a product called 11 Unibestos 12 A I've heard the term 13 Q Okay And with what do you 14 associate the name Unibestos 15 A The obvious assumption is that it 16 contains asbestos but I don't associate it with 17 anything else 217 14 Q How about Kast 15 A I've heard of that but I don't -16 can't really tell you anything about it 23 Q How about Mizzou 24 A Mizzou That has a certain 25 familiarity to it butI can't be sure 219 25 Q How about Flexitallic 220 213 1 Q Okay Okay Have you ever heard 2 of a company called Philip Carey A Yes 214 2 Q Okay I want to show you a 3 photocopy of a photograph of a package of Grefco 4 insulating cement and see if that in any way refreshes 5 your recollection 6 A I've probably seen that before 7 Q Okay And how would a product like 8 that be used if you recall 11 A mean it -- it would be used the 12 same as you know any of their competitors insulating 13 cements and stuff 14 Q Okay 15 A I don't know that there's anything 16 different about it 17 Q How would it -- okay Going from 18 the specific to the general how would insulating A Yes 2 Q What can you tell me about 3 Flexitallic 4 A That a was -- a product that 5 employed steel in the making of gaskets as I recall 6 Q Okay And where would those 7 gaskets be used if at all in the say construction 8 ofa coke oven 9 A I'm not sure about the delineation 10 between Flexitallic and Spirotallic but one or the 11 other or both was used as gaskets in high pressure 12 steam lines 13 Q Okay Do you know whether they 14 would also be used in conjunction with the construction 15 of a BOF 16 A I don't know that they specifically 17 were but they certainly could be 18 Q Okay What about Concast 19 Continuous Caster 20 A I've heard of Concast yes 21 I'm sorry We talked earlier about 22 a Continuous Caster Let me start again Would a Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 30 23 Flexitallic product be used in conjunction with a 24 Continuous Caster 25 A Could be Steel Mill Piping and Asbestos Products Feb. 11 1999 37 21 QI want to a talk little bit about piping 22 insulation itself Can you tell me the types of piping that 23 would be involved in a coke battery 24 A By type do you mean usage 25 Q Correct 38 1 A Gas piping steam piping air piping 2 sometimes nitrogen piping instrument piping underground 3 piping would be in the nature of sewer and drainage piping 4 hydraulic piping tar piping liquor piping light oil 5 piping I probably should just lump those without getting 6 much more lengthy in process piping Those are the majority 7 of them I think We were talking coke ovens 8 Q Yes 9 A Yes I think that's -- I think that's 10 most of them various Yes I said natural gas That covers 11 kinds of gases That's most of them I think 12 Q Okay Now let's talk about the 13 products area Were the types of piping that you just 14 mentioned also including the products area or are there 15 additional types of piping that would be somewhat unique to 16 the products area 17 A I believe the types we've covered would 18 occur in the products as well as the battery area 19 Is there anything that would be only in 20 the product area that wouldn't be in the battery area 21 A Tar piping and light oil piping 22 There's another one for the product area that 23 would be specific there acid piping 24 O Now let me ask about blast furnace Can 25 you tell me what kinds of piping - 39 1 A Before you go further -- 2 Q Okay 3 A AsI said in the earlier portion of my 4 deposition blast furnace was one area that I never worked in 5 as an operator I never started one as a manager I only 6 managed a part of one engineering contract So I don't 7 really have a good knowledge of blast furnaces I can tell 8 you a few things in general There was naturally blast 9 furnace gas piping hot blast piping cold blast piping 10 Those were the main ones I'm aware of in addition to 11 utilities 12 Q Steam lines 13 A Certainly there would be steam lines 14 Q Okay And utilities would that be -15 A Water air 16 Q Would there be natural gas 17 A In some instances yes some furnaces 18 used natural gas injection 19 Q Would there be instrument piping 20 A Yes 21 Q And the underground sewer drainage 22 piping 23 A Yes 24 Q Hydraulic 25 A Sometimes yes Generally yes because Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 31 40 1 there was hydraulic equipment 2 Q There wouldn't be tar piping would 3 there 4 A Generally not 5 Q And what about liquor and light oil 6 No. 7 Q What about open hearths 8 A never managed an open hearth job nor 9 did I start one up I would only have external knowledge 10 there The one that's obvious most of them used oxygen 11 injection So you would add oxygen piping 12 Q Would it have most of the same piping 13 that you would see in a blast furnace 14 A Some of it wouldn't have -- it wouldn't 15 have hot and cold blast of course 16 Q It would have the utilities right 17 A Yes and instrumentation and underground 18 drainage those sorts have some steam 19 Q Can you tell me what were some of the 20 uses for steam in a coke battery 21 A Steam was used for aspirating the ovens 22 during the charging procedure 23 Q Can you define aspirating a little bit as 24 to what does that really mean 25 A It provides a suction on the oven during 41 1 the charging process to draw off the volatile matters and 2 force them into the collecting main until such time as the 3 oven would be placed in service on the main 4 I'm trying to see if I understand what 5 you're talking about In aspirating would the steam be used 6 to create some kind of a vacuum to draw out the waste gases 7 A Yes temporarily during the charging 8 process 9 Q What are some of the other uses for steam 10 in coke battery 11 A For providing heat in certain areas both 12 processes for instance heating gas and heat exchanger 13 freeze protection 14 Q Stop there for just one second We were 15 talking about freeze protection just to keep 16 some of the utility pipes from freezing in the winter 17 A Yes 18 Q Okay Go ahead 19 A Sometimes as a source of motive power 20 for instance to turn turbine drivers to be a source of 21 purge material for safety 22 Q Can you break that down a little bit for 23 me 24 A If gas line needed to be taken out of 25 service steam would be injected at one end and the material 42 1 vented at the opposite end so as to clear it of gas and make 2 it safe 3 Q So if I understand correctly that would 4 be used to displace the gas so that when someone started 5 working on the pipe it wouldn't be an explosion risk 6 A That's correct 7 Q Any other uses as a purge material 8 A Sometimes used as a median to -- if it 9 were to clear lines of obstructions both to provide a force 10 to propel materials from the line as well as to heat it 11 Example Plugged tar line warm the tar push it out 12 So if the tar had gone from liquid to a 13 solid state you would need to warm it up to Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 32 make it flow 14 and blow it out 15 A Correct 16 Q Were the tar lines normally heated 17 A Some tar lines may be heated They were 18 generally insulated whether they were heated or not 19 Q Insulated to make sure the heat is 20 retained so that it maintains its liquid or liquid 21 state 22 A Yes 23 Q Okay You were going over the different 24 uses of steam in a coke battery Can you think of any 25 others 43 1 A Not offhand 2 Q You had mentioned steam as a source of 3 motive power to turn turbine drivers Can you tell me 4 some of the driven or motivated machinery that you can 5 think about in a battery 6 A Yes an auxiliary emergency source of 7 power to turn over the reversing mechanism in case of a power 8 failure Generally speaking these are drives that were 9 provided to accommodate power failures electrical power 10 failures There would be generally steam and driven 11 motors to drive a pusher ram and a leveler bar on the oven 12 machinery Those are the main ones around the battery 13 When you get into the product that's 14 a different list 15 Q Were there driven air compressors 16 to provide the air for the air lines 17 A Generally those were electrically driven 18 It's not inconceivable to have a driven but 19 generally they were electrical 20 Q Okay Were there turbines that served as 21 kind of a fan function that were driven by steam to move air 22 or gas around 23 A Not generally at the battery 24 Q Do you recall whether batteries in 25 general would have turbines that would generate their own 44 1 power or was that part of a substation 2 A That would be part of a separate 3 plant facility normally 4 Q Okay Now let's move into the 5 products area -- well Can you tell me some of the other 6 let me start -- first of all the list that you just gave me 7 of the different functions of steam in a coke battery would 8 they also be used in the products area with the exception 9 of aspirating the ovens 10 A Yes they would and -- yes I believe the 11 ones I've given you would be 12 Q In addition to those are there other 13 functions of steam in a products area that are kind of 14 unique to the products area or that you wouldn't see in 15 the coke oven battery 16 A Normally you wouldn't have turbine 17 pumps on the battery but you normally would have some in the 18 products On the battery you would have turbine 19 gas pumping equipment You would also have heaters that 20 would utilize steam to heat process liquids You Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 33 would have 21 steam that would be used in reboilers or heating coils and 22 stills 23 Q Okay Let me stop for a second On the 24 stills what is a still in conjunction with the products 25 area 22 A Normally the blowers are turbo blowers 23 they're driven and they would have many of the other 24 common uses frecze protection for utilities steam for 25 purging 46 45 1 A still is a vessel that normally has 2 trays and a liquid is introduced at the top and sweep steam 3 at the bottom to strip whatever the material might be from 4 the feed material 5 Q Would it be -- I'm trying to think of it 6 in terms of something else Would it be used to distill or 7 break apart the different components of the material that's 8 coming in so that they can be separated into their you know 9 different useful functions 10 A Yes 11 So in addition to the ones that you've 12 talked about the turbines for the gas pump the heaters for 13 the liquid process the reboilers and the coils and the still 14 and the turbine pumps can you think of other uses for steam 15 in the products area 16 A About the only other one thing that's 17 common to all areas in a plant is for use of space heating 18 buildings control rooms that sort of thing 19 Q Now let me ask you the same kind of 20 questions about the blast furnace Can you tell me some of 21 the uses that you're aware of of steam in a blast furnace 1 So it would also be a source of motive 2 power for some of the turbine drivers 3 A Yes that's why I mentioned -4 Q Particularly the blowers 5 A Blowers yes 6 Q Would there be some other machinery such 7 as the turbine pumps that you mentioned in the products 8 area 9 A There could be 10 Q Would it also be used as a backup to move 11 some machinery for electrical interruptions 12 A Possibly on pumps and I'm not certain of 13 others The problem we have here you know is we're 14 generalizing plants 15 wouldn't Some plants would have things other 16 Q Now I know you don't have that much 17 experience in the open hearths but would there be some of 18 the same common functions of steam in an open hearth for the 19 heating of the pipes and freeze protection 20 A Yes 21 Q Can you think of any unique function to 22 the open hearth that steam would have 23 A Not offhand 47 7 Q Okay It sounds from all the different 8 functions of steam in the batteries and products area that Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 34 9 the battery and products area would seem to have quite a 14 certain historical periods would have utilized that material 10 volume of steam lines is that correct 11 A Yes 12 Q And would these steam lines be out -13 they would be outside the ovens and outside of the machinery 14 in the products area the stills and the tanks 15 A Yes 16 Q Okay Would they have to be insulated to 15 Q Okay Let's if we can define that a 16 little bit more When you say certain historic periods 17 can you give me an idea of the time frame you're talking 18 about You started in 1952. Would it have been going on 19 then 17 maintain their heat and to protect people from getting 18 burned 19 A Yes 20 Q Were there other kinds of lines that 21 would be insulated with a similar material as you recall 20 A Probably not What I'm really referring 21 to is that for lower temperature applications in later years 22 fiberglass may have been used 23 Q In the earlier years would the traced 24 lines the ones that were steam traced would those be 22 being used on steam lines in a battery 23 A Similar but not -- the specifications 24 would vary because the temperature range is 25 insulated 49 different 1 A Yes 25 Q In your last deposition we talked about a 2 Q And what kind of material in the carlier 48 1 couple of types of insulation you recalled a calcium , 2 silicate insulation -- 3 years would have been used on the traced lines 4 A The earlier years it would have probably 5 been -- and I don't recall trade names and so forth but it 3 A Yes 4 Q and you recalled a magnesium 5 pipe insulation 6 A Yes 7 Q And I'll limit myself to pipe insulation 8 so we're talking about the same thing Can you tell me other 9 kinds of piping or lines in a coke battery that would use 6 would have been asbestos 8 A It would have been block asbestos 9 preformed probably 10 Q When you're talking about the preformed 11 block asbestos to use on these lines the traced lines is 12 that a different material than the calcium silicate or 13 magnesium material 14 A Yes 10 either the calcium silicate or the magnesium insulation 11 A Some of the coke oven fuel gas piping 12 would have used the calcium silicate over a period of time 13 Any of the lines that were traced and insulated during 15 Q Can you describe for me what this 16 preformed block looked like or is there another designation 17 you can give it other than an asbestos block 18 A Normally two halves of it put together 19 had an opening in the middle and it had an ID and an OD I Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 35 20 don't know how else to describe it It came in lengths 21 Q Well that sounds similar also to the 22 general description of a calcium silicate or an 85 percent 23 magnesium pipe insulation Is it 24 A In physical dimensions it would be 25 similar 50 4 Q Okay Going back to this preformed block 5 insulation in coloring can you tell me what the general 6 color would be when it's new 7 A It's rather white 8 Q And does it generally come in 9 three length 10 A It probably came in varying lengths 11 I'm not certain In the range of three to four feet usually 12 Q Was it harder than the calcium silicate 13 or was it softer if you know what I'm -- the texture 14 difference 15 A It had a softer texture 16 Q And other than asbestos block is there 17 any other kind of designation or name that comes to mind when 18 you try to describe it so we have something more than a 19 general block 20 AI don't think of a name 21 Q When you were working on a job as a 22 contract manager or when you were out on the site working as 23 part of the start crew would you know the type of pipe 24 insulation that was being used on the different pipelines 25 A I might not always know but I can 51 1 always check and see what it should be 2 Q Can you recall whether there's a visual 3 difference between the calcium silicate and the 4 magnesium pipe insulation 5 A don't recall 6 Q Did you ever see a M kind ofa pipe 7 insulation that wasn't the white or gray but was more of 8 tan or a brown that was particularly hard 9 A I've seen it I don't recall what it 10 was 19 Q Now going back to the different kinds of 20 lines that would have been insulated with either -- now we 21 have a magnesium we have the calcium silicate and the 22 white asbestos block that you mentioned and this brown 23 material Talking about those materials can you think of 24 any other kinds of lines where those kinds of materials were 25 used 52 1 A Other than the list of pipes that we've 2 already talked about that were covered 3 Q Well you mentioned thus far steam coke 4 fuel gas and the traced lines that were steam traced Were 5 there other kinds of lines that were insulated with these 6 same kinds of materials 7 A Yes tar lines in the product wash 8 oil lines in the light oil plant There could be others 9 depending on whether the plant had additional facilities that 10 weren't always provided with a coke plant For instance the 11 desulfurization plant would have their solution lines 12 insulated with some of these materials Light oil Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 36 lines 20 A Yes 13 themselves as opposed to wash oil would have insulation on 14 some of the lines 15 Q And when you're talking about the 16 insulation we're still focusing on these -- 17 A Those types 18 Q -- that we talked about Okay Can you 21 Q Was that a permanent wall 22 A Oh yes 23 Now when you're talking about the 24 bulkheads would that be where they would be removing the 25 walls so that they could do the patching work 19 think of any others 54 20 A Not offhand 21 Q Are you familiar with a product called 1 A They would be removing a door from an 2 oven 22 block insulation or kind of a flat lightweight sheet 3 Q Oh okay So this would be like a 23 A Yes magnesium block 24 Q Can you tell me some of the uses for 4 temporary replacement for a door while they worked on a door 25 block insulation in a coke battery 5 A Or get the door out of the way so the man 53 1 A coke battery 6 had access to the end of the oven 7 Q Okay And my problem when I'm thinking 8 ends I'm thinking about the small end of the sides of the 3 A None come to mind quickly at the battery 4 itself The only one that comes to mind quickly is I've seen 5 them used on heat shields for bulkheads 6 Q Okay 7 A Normally those would either be -- more 8 often those were used by the client when he was 9 oven but there's also the openings on both sides where the 10 material has to go through 11 A Push the coke out 12 Q When you're talking about that you're 13 talking about like the coke side and the pusher side ends doing 9 patching or on repair work 10 Q Okay And can you tell me which 11 bulkheads you're talking about 12 A These would be temporary bulkheads that 13 would be set in the ends of the ovens to do two things to 14 not the ends of the whole sequence of the battery 15 A Right 16 Q Okay Can you think of any uses for 17 block insulation in the products area 18 A Yes It would be used to insulate 19 stills it would be used to insulate heated areas of other 14 keep the ovens from losing their heat and to protect people 20 product vessels it would be used to insulate certain of 15 who were doing patching work 16 Q Okay Now let me ask this kind of basic 21 the holding tanks tar collecting tanks for instance Those 17 question about the ovens themselves the battery At the 18 ends of the sequence of ovens was there some kind of a wall 19 to keep the heat in 22 are probably the big major users 23 Q Can you tell me any uses of block 24 insulation that come to mind in a blast furnace 25 A The hot blast main for instance was so Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 37 55 1 large you would have to use block insulation to cover it 2 They didn't make pipe insulation with a sufficient idea of 3 raised curvature and around the stoves they would use -- 4 there would be areas where block insulation would be used 7 Q By not in the older batteries can you 8 give me an idea of when this began to be done that you 9 recall 10 I'm really not certain I think that 11 this probably began to be done somewhere in the 60s but I 12 couldn't be certain 5 Q In the blast furnace itself is there a 6 backup lining on the outside of the refractory brick itself 7 A Yes Well both are refractory but there 8 is what is called a permanent lining and a working lining 9 Q Is there a lining that's against the 10 exterior shell of the vessel 11 A Yes 12 Q Do you know if block insulation is used 13 or do you recall block insulation being used in that area 14 against the shell 15 A don't know 20 Q Okay Now in your last deposition we insulating 21 talked about a material that you called an 22 concrete or I called it an insulating cement Do you know 23 what I'm talking about 24 A Yes 25 Q Okay Now I want to go through kind of 56 57 13 Q Okay Now going back to the uses of the 14 insulating concrete in the coke battery can you give me some 15 other ideas of where it would be used other than the top of 16 the oven under the paving brick 17 A It could be used to seal the bases of the 18 stand pipes the ascension pipes sometimes used to point up 19 the joints between the regenerator walls and the regenerator 20 bulkhead Some designs used material at what is called the 21 cold joint of the ascension pipe elbow Those are the main 22 uses that I can recall 23 Q The last use kind of brought something to 24 mind On some of the lines that you talked about before that 25 would have been insulated with the types of insulation we're 1 the same sort of things In the coke oven battery itself 2 can you tell me any uses for the insulating cement in the 3 battery 4 A In some batteries insulating concrete was 5 used in the top of the ovens below the paving brick That 6 was not done in the older batteries 58 1 talking about the calcium silicate the magnesium and the 2 asbestos block when they came to an elbow was there a 3 material used to cover the elbow since in the older days they 4 didn't have preformed elbows 5 A Yes Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 38 6 Q What would that material be 7 I'm sure it varied In general I can say 8 that it was made up to a putty consistency and trowelled 9 on Composition varied and I really can't recall what the between 23 refractory walls of the adjoining ovens or -- 24 A It would go to create a line of 25 demarcation between bricks down in the battery structure 10 various ones were 60 16 Now let's talk about the products 17 area Can you tell me some of the uses for insulating 18 concrete in the products area 19 A Other than used to fill irregular areas 20 that were being insulated with some form of block or pipe 21 covering I don't think of any unique application such as we 22 had on the battery 59 5 Q Have you ever heard of a product called a 6 millboard 7 A Yes 8 Q And would that be different than an 9 asbestos block that we talked about 10 A Yes 11 Is it thinner and much more dense 12 A Yes 13 Q Can you tell me what kind of uses there 14 would be for millboard in a coke oven battery 15 A In general it would be used within the 16 battery structure as it was laid up to create an expansion or 17 slip joint That's the main function and the only one that 18 comes to mind 19 Q When you're talking about an expansion 20 joint or a slip joint in the battery itself can you describe 21 for me particularly how the millboard would be used where it 22 would go Would it go between bricks would it go 1 Q Okay you were looking into the oven 2 itself from one of the doors where would you see -- if you 3 could see the millboard where would you see it Would it be 4 alternating between bricks 5 No. 6 Q Okay Would it be vertical between 7 walls 8 A It would be vertical between areas of the 9 roof and the wall 10 Q And would this area be large enough to 11 require an entire four sheet or more than 12 one or would it be cut pieces of the millboard 13 A Depending on the size of the oven being 14 built and so forth it generally probably wouldn't be a 15 complete four sheet but it would be as much as three 16 feet in the vertical direction 17 Q Would that be for each of the ovens in 18 the battery 19 A Yes 20 Q Okay So if there were 40 ovens in 21 battery there would be 40 of these expansion joints 22 A Well it would form a continuous joint 23 from one end of the battery to the other 24 Q So from one oven to another there would 25 be just a continuous expansion joint this millboard from 61 1 end to end from one of the longitudinal ends as Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 39 opposed to 2 the door end to the other longitudinal end 3 A Yes 4 Q And if we're talking about 40 ovens how 5 long would that structure of the ovens be approximately I 6 know it's going to vary by design 7 A Yes 40 ovens -w well the battery 8 itself would be in the range of about 140 feet for 40 ovens 9 Q And this slip joint that we're talking 10 about would it be 140 feet long 11 A Yes 12 Q And about three feet wide 13 A No the joint wouldn't be wide 14 Q Oh okay That's right it's vertical 15 A No the joint would be small 62 1 Q Have you ever seen asbestos cloth used 5 A have seen asbestos cloth 6 Q Have you ever seen it used in a steel 7 mill 8 A Yes 9 Q Have you ever seen it -- can you tell me 10 whether you can recall any uses of asbestos cloth in a 11 battery a coke oven battery 12 A can't recall any being used in 13 permanent construction 14 Q Can you recall -- when you say 15 permanent that leads me to believe that something less 16 permanent it may have been used in 17 A seem to recall that for a temporary 18 protection until permanent material could be installed they 19 might wrap it with asbestos cloth 63 1 of the piping in a coke oven battery 2 A Yes 3 Q And would there be gaskets used in lot 4 of the piping in the products area 5 A Yes 6 Q And the last time you recalled the name 7 Flexitallic when I asked you Is that name familiar to you 8 A Yes 9 Q Can you tell me what kind of lines the 10 Flexitallic gaskets would be used in 11 A High temperature lines such 12 as steam and as far as the coke plant itself steam lines I 13 think was the main user of Flexitallic 14 Q What about products would that be the 15 same or would it also be used in some of the other processes 16 A Generally speaking steam could be used in 17 a few hot wash oil applications 18 Q Flexitallic gasket was a metal gasket 19 right 20 A It was a composite Metal was the thing 21 that gave it the strength 22 Q Okay Were there gaskets that were made 23 in flexible sheet that was something like either a rubber 24 or something similar to that 25 A Yes 64 1 Q Have you ever heard of the name Garlock 2 A Yes 3 Q Are you familiar with Garlock gaskets 4 A Garlock made a whole range of gaskets We 5 used many of them 24 Q Would it be fair to say that without 25 going into great detail there would be gaskets used in a lot 8 Q Would the Garlock gaskets be used in most 9 of the piping that you described or was there some kind of an 10 exclusive use to them like the Flexitallic gaskets Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 40 which were 11 essentially high pressure temperature 12 A The various stock numbers of Garlock 13 were put to general use 23 Q Okay Have you ever seen a spray 24 material like a gunnite 25 A Yes 65 1 Q Have you ever seen that used in a coke 2 oven battery 3 A Yes 1 Refractories or NARCO gunnite 2 NARCO yes 7 Q Kind of familiar because they had that 8 great big Indian head on their bags or some other reason that 9 the name sticks with you 10 A They made available a gun for use and 11 they called it a Narcoater 12 Q Okay Have you ever -- or is the name 13 Narcogun as a spray material familiar to you 14 A Yes 4 Can you tell me what areas of a coke oven 5 battery you would see gunnite used 6 A The most prevalent use is to patch the 7 jam cleavage joint in the ovens themselves can be used for 8 spray patching of spalled brick areas within the coke ovens 9 themselves 10 Q Okay This jam cleavage area would that 11 ever get over 2,000 degrees in the normal function of a coke 12 oven battery 13 A The called hot side of the joint 14 could 15 Q And which side would the gunnite be used 16 on either side 17 A It's used on the cleavage joint between 18 the cold jam and the hot jam -- or I should say the oven 19 itself oven wall There's a jam here and the joint between . 20 them they spray patch 21 Q Do you recall the names of any of the 22 manufacturers of the gunnite material 23 can't bring any up Some of them I 24 probably would recognize if I heard it 25 Q Have you ever seen North American 66 67 5 Q What about Plibrico 6 A The name rings a bell I don't recall 7 seeing it applied with a gun 8 Q Do you recall ever seeing any uses for a 9 gunnite in the products area 10 I'm sure its use would be rare I seem 11 to recall it was used somewhere but I can't tell you what it 12 was 13 Q Are you familiar with a product called a 14 lightweight castable 15 A Yes 16 Q Okay Can you tell me some uses for a 17 lightweight castable in a coke oven 18 A On some jobs a lightweight castable was 19 used as part of a mixture to insulate the battery top under 20 the paving rather than the other material I can't think of 21 the other uses right now 25 QI want to go back and run some names by 68 1 you and see if we can put any particular product names with 2 some of the products we've talked about I'll start Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 41 with a 3 pipe insulation that's the first thing we talked about Do 4 any brand names of any pipe insulation come to mind 5 A Manville Philip Carey Are you 6 talking about all types of insulation 7 Q Starting with just pipe insulation 8 A But all types of piping insulation 9 materials 10 Q Yes 11 A Corning 12 Q Have you ever heard of the name Kaylo 13 A Yes 22 Q What about Unibestos 23 A I've heard of that 22 Q Okay What about Kaylo 23 A Yes 70 23 Q Now let's talk about some insulating 24 concretes that you mentioned see if we can put some names to 25 it Do any brand names come to mind that you associate with 71 1 an insulating concrete 2 A designation comes to mind C 3 Q Have you ever heard of or does the name 4 Carey Temp insulating cement ring a bell 5 A Yes 8 Q How about GREFCO insulating cement 69 9 A Yes 2 Q How about Calsilite 3 A Yes 6 I'd like to go back and ask you a 7 question before I continue on with the types of products or 8 brand names applied to Have you ever seen a spray material 9 any of the steel structures in a coke battery or products 10 area to protect the structure itself from heat 11 A I've seen it used but I don't believe it 12 was in coke plant 13 Q Or products area 14 No. 15 Q In steel mill 16 A Actually in a tar plant 17 Q Now I want to go on next to the block 18 insulation Do you associate any names with block 19 insulation 20 A A couple jump out Again J.M. and 21 Philip Carey 72 2 Q How about Plisulate 3 A The name recognition only 4 Q The name Plisulate is familiar to you but 5 you can't put a particular product with it 6 A Yes 15 Q What about millboard any names come to 16 mind 17 No. 18 Q What about -- let me run some names by 19 you GAF 20 GAF yes 24 Q Now the next thing I think we talked 25 about was gunnite We've been through some names on those 73 1 lightweight castables Can you think of any names of 2 manufacturers of lightweight castables Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 42 3 A Harbison GREFCO contract 112 1 Q The Mastic was it a type of an 2 overall type of product called the fiber pitch or is fiber 3 pitch just out in left field I'm trying to figure out if 4 those two are related 5 I'm not certain of this It's possible 6 that fiber pitch could have been used in some Mastics 2 things that I've seen and I'm trying to figure out what kind 3 of function it would have in the overall scheme of coke 4 ovens So it's more a low temperature coating like a 5 sealant 6 A Yes 7 Q Was there another product that was used 8 on the X. -- on a 11 let's say you had a tank or a vessel that 7 It certainly wasn't used in a lot of them but could have 8 been I don't know that But Mastic was the 9 was a hot tank that that would coat it if it was exposed to 10 weather designation 9 for a whole series of coatings 10 Q Okay And in your experience that was 11 one type of product that was used to coat and weather protect 12 exterior structures such as steam lines or -- not steam lines 13 but piping or vessels that were exposed to weather 14 A More generally to structural steel or 15 pipes that conveyed materials that didn't have a 11 A We used high temperature enamels 12 Q Were those vessels typically insulated 13 with something before you put the enamel on or was it just 14 enamel right on steel 15 A Normally a high temperature vessel 16 wouldn't have that sort of coating because generally it was 17 going to be insulated Quite frequently they would have a temperature 16 that would render them useless in other words cooler 17 materials structural steel pilings 18 Q Okay Now I think I understand what 19 you're talking about So it would be more on a low 20 temperature line such as like a cold water or something like 21 that it would not be used on a high temperature steam or 22 something like that because that temperature would melt the 18 primer then the insulation would be applied and then a 19 covering would be put over the insulation 20 Q So there would be something that would 21 go -- now on tank would you use block insulation on a 22 tank 23 A Generally 24 Q Okay just so we're talking about a 25 generic kind of product So you would have a primer a 23 Mastic 24 A Yes it would 25 Q Okay Because I was looking at 113 1 references to use of Mastic in some of the 114 1 block insulation and then something -- what would be put on 2 the outside of the block insulation 3 A It could be galvanized sheeting it could 4 be aluminum sheeting it could be stainless steel Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 43 sheeting 5 Q Okay So if I understand to generalize 6 kind of thin flexible metal coating to protect the 7 insulation itself 8 A Right to protect it from weather 9 Q Okay I want to go back and ask some 10 questions about the products that we identified 11 earlier from the brands that you recall On coke oven job 12 where the coke oven was built either from the pad up or from 13 the dirt up would that job require the use of pipe 14 insulation 15 A Yes 16 Q Okay And in your experience would the 17 pipe insulation have been one of the brands that you 18 recalled 19 A In general although there are 20 exceptions 21 Q Okay And in the instance of a coke 22 battery that's being built either from the ground up the 23 dirt up or the pad up it would have required also the use of 24 block insulation or not I'm trying to remember -- I'm 25 sorry Strike that because you had said in a coke battery 115 1 that those were just generally temporary measures for 2 bulkheads 3 A Yes 4 And so the answer probably would be no 5 not generally for the construction only for temporary 6 measures 7 A Yes 8 Q Okay Now in the instance of building a 9 coke battery either from the ground up or a pad up it would 10 have required the use of an insulating concrete correct 11 A Generally yes 12 Q And generally it would have been from 13 your recollection one of the brands that you've identified 14 already 15 A Yes Respirators March 27 1998 208 23 Q Okay Let me rephrase that Did 24 Koppers provide to its employees including contract 25 employees from union halls dust masks or respirators 209 1 for work at any of the contract sites 5 A I'm not aware that they did when I 6 started Exposure of bystanders March 27 1998 119 24 Q Okay Just trying to get an 25 understanding If Koppers were doing -- for the sake 120 1 of example what I am talking about -- a repair job on 2 one of the batteries let's say at an Armco plant 3 then part of the battery would be in operation with 4 Armco people doing whatever it is they do around the 5 battery and on the other part of the battery it would 6 be Koppers people doing whatever their repair job 7 required them to do 11 A Yes 12 Q Would that be from -- would that be 13 pretty much from beginning to end that the two groups 14 would be working in the same battery at the same time 15 until Koppers had completed its repair work 16 A Normally yes Beazer Koppers Co. Presentation P.A.L.S. 2001 Bruce Carter Esq Page 44