Document X81L8GxBraVgqKeY72M8dDLBK

Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.543! 1.0 Page 398 to Page 567 ACE-FEDERAL REPORTERS. INC. 202-347-3700 CONDENSED TRANSCRIPT <6 CONCORDANCE PREPARED BY: ACE-FEDERAL REPORTERS, INC. 1120 G STREET, NW SUITE 500 WASHINGTON, DC 20005 Phone: 202-347-3700 FAX: 202-737-3638 WATER PCB-SD0000063169 USA Depo of R. Emmet Keltv Monsanto v Aetna February 4. 1993 Cr.54311.0 XMAX(l) Page 398 ru IN THE SUPERIOR COURT PI OF THE STATE OF DELAWARE [31 IN AND FOR NEW CASTLE COUNTY [41 ......................................................X PI MONSANTO COMPANY, : PI Plaintiff. : m : Civil Action Number [81 v. : 88C-JA-118-1-CV [9! AETNA CASUALTY & SURETY COMPANY, : NON-ARBITRATION [10/ et al.. : CASE [HI Defendants. : P2I -.................. ................. ...............X [121 DEPOSITION OF R. EMMET KELLY (VOLUME 3) [141 Washington, D. C. [151 Thursday, February 4, 1993 [16] Deposition of R. EMMET KELLY, called for further [17] examination pursuant to agreement by counsel, at the law [18/ offices of Schwalb, Donnenfeld, Bray and Silbert, 1025 [191 Thomas Jefferson Street, N.W., Suite 300, at 10:30 a.m. poi before JULIE BAKER, Court Reporter, when were present on Pll behalf of the respective parties: P-21 - continued -- Page 399 [It .APPEARANCES: JOHN M. BRAY, ESQ. PI Schwalb, Donnenfeld, Bray & Silbert [31 Suite 300 1025 Thomas Jefferson Street, N.W. Ml Washington, D. C. On behalf of Plaintiff Monsanto PI Company. RicHARD l. mcconnell, jr., esq. [61 Wiley, Rein & Fielding 1776 K Street, N.W. m Washington, D. C. 20006 On behalf of The Travelers [81 Indemnity Company. LOIS J. SCHIFFER, esq. [91 Nussbaum & Wald One Thomas Circle, N.W. [101 Washington, D. C. 20005 On behalf of Certain Underwriters PH at Lloyd's of London, England. [121 DAVID S. FLORIG. ESQ. [131 Manta and Welge [14] One Commerce Square [151 2005 Market Street [161 Thirty-Seventh Floor [171 Philadelphia, Pennsylvania 10103 [181 On behalf of Liberty Mutual [191 Insurance Company. po/ .ALSO PRESENT: Pll JOSEPH R. MAGGIO P2I Video Technician Page 400 [11 CONTENTS PI WITNESS EXAMINATION [31 R. Emmet Kelly (Resumed) Ml by Mr. Florig 401 PI by Ms. Schiffer 404 [61 by Mr. Bray 478 [71 by Mr. McConnell 527 [81 by Ms. Schiffer 548 [91 by Mr. Florig 555 [10] by Mr. Bray 562 [111 by Mr. Florig 565 [121 EXHIBITS [131 KELLY DEPOSITION NUMBER IDENTIFIED [141 Exhibit V-35 - 5/29/58 memorandum 463 [151 Exhibit V-36 - 6/2/58 memorandum 465 [161 Exhibit V-37 - March 1963 report 486 [17] [181 T91 POI . PH ! P21 ! Page 401 : Pi : PI PROCEEDINGS MR. MAGGIO: This is the continued deposition of \ PI R. Emmet Kelly. We're at the beginning of tape 1, volume ! Ml 3. Today's date is February 4th. 1993. We're on the 1 PI record at approximately 10:20 a.m. * \ PI Whereupon, , m R. EMMET KELLY ! [81 resumed the stand and, having been previously duly sworn. [91 was examined and testified further as follows: [101 EXAMINATION PU BY MR. FLORIG: [12] Q Good morning, Dr. Kelly. [13] A Good morning, sir. [14] Q My name is David Florig. We met last week in [151 Wilmington. 1 represent Liberrv Mutual and work with Joe [161 Manta who was asking some questions yesterday. [171 Dr. Kelly, did you ever see a comprehensive [18] general liability policy issued In' Libertv Mutual to [19] Monsanto? POI A No, sir. PU Q And you never read such a policy ? P21 A No, sir. Pane 402 111 Q Do you know \riiat the terms and conditions of anv PI Liberty Mutual policy issued to Monsatuo were? [31 A No, sir. Ml Q Were you ever involved in negotiating any PI insurance contracts between Liberty Mutual and Monsanto? 161 A No, sir. [7] Q Dr. Kelly, did you personalty do any inspection [81 of any site owned by Monsatuo for waste disposal issues? [91 A Yes, sir. [10] Q What site was tlutt? PU A One at Nitro, West Virginia; one at Columbia, [12] Tennessee. (131 Q And wluu were you itispecting for at those sites ? [14] A Well, I don't know if the term "inspecting" is [151 the correct term, but I saw it and I knew what they were [16] putting in there, and I knew what the purpose of the she [17] was. It was a settling base and they were settling out [18] phosphorus compounds. [19] Q That was at Nitro ? P0] A That's correct - no, that was at Columbia, PU Tennessee. Nitro, they had a biological treatment plant P2I for their parathion wastes. Page 403 [1] Q Did you personalty do airy other inspections ; PI besides those plants? : [31 A Not that I can recall at the present time. Ml Q Did you personalty inspect any Monsanto PI facilities for water pollution issues? [61 A Well, the Nitro plant was water - it was a water i [7] effluent. It was treated before h was discharged into ! [81 the Kanahwa, K-a-n-a-h-w-a, River. , [91 Q Do you recall personally making any other such (101 inspections? , [HI [12] A No, sir. Q Did you personally uispect any Monsanto [131 locations for solid waste disposal issues? [141 A I don't recall any. j [15] Q Do you recall having any conversations with [ [161 anyone from Liberty Mutual about the inspections you just [17] described? [181 A You mean the inspections at Nitro and at [19] Columbia? poj Q Yes. PU P21 A I don't recall. Q Do you recall the 1950 joitu MonswUo[Liberty Page 404 , [1] Mutual inspection of some Monsanto plants? i PI A Is this the Rand-arranged inspection team? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 398 to Page 404 WATER PCB-SD0000063170 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 XMAXt2) [3] Q Yes. [4] A What wasthe question now? [5] Q Do yourecoil thatinspection generally? [6] A Yes. 17j Q You weren't personally involved in any of those [8] inspections, were you? [9] A No. [10/ MR. FLORIG: That's all I have. Let's go off [111 the record. (12( MR. MAGGIO: We're off the record at [13] approximately 10:25 a.m. [14] (Discussion off the record.) [15] MR. MAGGIO: We're back on the record at [16] approximately 10:26 a.m. [17] EXAMINATION [18] BY MS. SCH1FFER: [19] Q Good morning, Dr. Kelly. My name isLois [20] Scluffer and I'm counsel for certain underwriters of [21] Lloyd's in this case that are sometimes referred to as the [22] London Defendants. 1 have some questions that I'm going______ Page 405 [1] to ask you today and they will jump around a little bit [2] because I'm going to try not to duplicate questions that [3] you've already answered. [4] You started working for Monsanto in1936; is [5] that correct? [6] A That's correct. Would you speak a little [7] louder, please. [8] Q Certainly. I would be pleased to. When did you [9] start working in industrial medicine? [10] A When I started with Monsanto in January of 1936. [11] Q How would you define "industrial medicine"? [12] A It's that branch of medicine that deals with the [13] relationship of the worker to his working environment. [14] Q How would you distinguish it from industrial [15] hygiene? [16] A WeO, industrial hygiene deals with the [17] environment whereas industrial medicine deals with the [18] worker. [19] Q Does the science of toxicology underlie [20] industrial medicine ? [21] A Well, it's a part of it. It's one of the sets [22[ of industrial medicine. You have to know what the__________ Page 406 /// toxicity of a particular product is to relate what the /2/ consequences to the worker would be of undue exposure. [3] MR. MC CONNELL: Why don't we stop. [4] MR. MAGGIO: We're off the record at 10:27. [5] (Discussion off the record.) [6] MR. MAGGIO: We're back on the record at [7] approximately 10:31 a.m. [8] BY MS. SCHIFFER: [9] Q Good morning, Dr. Kelly. Now that the fire [10] alarm has stopped ringing, we ll start again. [11] You started working for Monsatuo in 1936; is [12] that correct? [13] A That's correct. [14] Q Let me also state for the record that I'm Lois [15] Schiffer and I represent certain underwriters at Lloyd's, [16] sometimes called the London Defendants in this case. [17] When did you start working on industrial [18] medicine for Monsanto? [19] A January of 1936. [20] Q How would you define "industrial medicitie, " [21] Dr. Kelly? [22] _____ A It's that branch of medicine that deals with__________ Page 407 [1] -worker's relationship to his environment. [2] Q How does that differ from industrial hygiene? [3] A Industrial hygiene deals with the environment [4] rather than with the worker. [5] Q Is toxicology the science on which industrial [6] medicine is based? [7] A No. It's an important part of the basis for [8] industrial medicine, but it's very necessary. You have to [9] know what the toxic properties of a compound a worker may [10] be exposed to in order to evaluate whether his exposure [11] creates a hazard. [12] Q What are the other sciences that make up [13] industrial medicine? [14] A Physiology, analytical chemistry. [15] Q Are there any others? [16] A Inhalation engineering, [17] Q Are there any others? [18] A Probably, but they don't come to mind right at [19] present. [20] Q Those are die basic sciences diat you were [21] familiar with? [22] ______A That's correct.___________________________________ Page 408 [1] Q Did you - were you familiar with diose sciences [2] and with industrial medicine in 1936? [3] A No, sir, 1 had some experience because I had [4] three years in a busy St. Louis public hospital where we [5] had a number of cases on industrial accidents and [6] occupational conditions from the factories in the [7] St. Louis area that were brought into the city hospital, [8] but that was my only experience with it. [9] Q How did you become knowledgeable aboiu die area [10] of industrial medicine and the science? [11] A Do-it-yourself training. [12] Q And what went on in those two weeks of [13] self-training? [14] MS. SCHIFFER: Could you read back the answer, [15] please. [16] (The reporter read the record as requested.) [17] BY MS. SCHIFFER: [18] Q What comprised die "do-it-yoursetf training"? [19] A Well, you attended meetings. You attended [20] seminars on industrial medicine. You attended some short [21] courses, one or two weeks courses. You read the [22] literature on the industrial medical literature. You________ Page 409 [1] talked to your confreres in the same field. [2] Q Did you undertake each of those tasks starting [31 in 1936? [4] A Yes, I did. [5] Q And did you contimte with seminars and readings [6] and consuitations and so forth dirough die entire time [7] diat you worked at Monsanto? [8] A Yes, I did. [9] Q What were die materials diat you read to keep up [10] with industrial medicine. Dr. Kelly? [11] A Well, there were articles. There were two [12] published - two magazines, two journals published in the [13] United States and two in the English literature from the [14] United Kingdom that were devoted to industrial medicine. [15] Q What were diose journals? [16] A Journal of the United States - Journal of [17] Industrial Medicine and Toxicology, pardon me. And the [18] other was, I think, the Journal of Industrial Medicine in [19] England. It was a Journal of Industrial Hygiene and the [20] Lanson which had a number of industrial - of articles [21] related to industrial medicine. [22] _____ Q And you began reading those journals in about Page 410 [1] 1936? [2] A That's correct. [3] Q And you continued to read diem diroughout die [4] time diat you worked for Monsanto? [5] A Yes, I did - well, one of them went out of [6] business. The Journal of Industrial Hygiene and [7] Toxicology in the United States folded, but other journals [8] came in.- [9] Q And when other journals came in, you began to [10] read diose as well? [11] A Yes, we subscribed to any industrial medical [12] publication in the English language. [13] Q So you would say you were generally familiar [14] with die literature in the field of industrial medicine ? [15] A I think so. [16] Q How about die field of industrial hygiene? Page 404 to Page 410 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063171 8SA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 \MAXt3) 117] A Well, I had a couple of industrial hygienists [18] floating around the office all the time. We saw them all [19] the time. They subscribed to the - one or two journals [20] that were published in industrial hygiene. [21] Q Did you review those journals? [22] ______ A Well, 1 - it was brought to my attention. 1_______ Page 411 [1] didn't review them indepth, as I did the industrial [2] medical ones. [3] Q Did Monsanto maintain a library of materials in ]4] the area of industrial medicine? [5] A Yes. It was rather scant in the early days. [6] There weren't too many journals. There were only two [7] journals. [8] Q Over time, did it become more fitll? [9] A WeD, they sort of joined forces, as it were. ]10] The journals dealings with industrial medicine also ]11] included industrial hygiene articles. [12] Q And Monsanto kept a library that had as many [13] publications as there were available? [14] A Yes; that's correct. [15] Q What about books inthe field? [16] A Well, I didn't spend too much time with the [17] books on industrial hygiene. We had them, of course. Our [18] industrial hygienists bought the textbooks, and there [19] weren't too many. Maybe one or two a year. [20] Q They were available m the Monsanto library? [11] A Oh, yes, they were available. ]22]________Q What about books on uidustrial medicme?___________ Page 412 [1] A Same thing. ]2] Q The same thine, they were available in the [3] Monsanto library? ]4] A That's right. [5] Q And you would have had access to them? 16] A Yes. [7] Q And did you refer to that library as part of [8] your work? [9] A Yes, I did. [10] Q You also testified, Dr. Kelly, that you [11] consulted with your "confreres. " Would you describe who [12] you mean by that? [13] A WeD, the medical director of Dow, if he had a [14] problem, he'd talk to me. If I had a problem, I'd talk to [15] liim. The same thing with Carbide. The same thing with [16] du Pont. It was pretty free exchange of information on [17] industrial medical topics. We'd see each other at [18] meetings and at conventions. [19] Q And you had these consultations starting in 1936 [20] throughout the time you worked at Monsanto? [21] A Yes, I - 122/ Q Were you a member of any organizations that were Page 413 [1] related to industrial medicine? [2] A Yes. Over the years, there was an industrial [3] medical association, the American Academy of Occupational [4] Medicine, the Medical Directors Forum, which was a group [5] of 35 medical directors of the largest companies in the [6] field. Then there were the usual medical - internal [7] medical ones, the College of Physicians, et cetera. [8] Q Were you a member of the Occupational Medical [9] Society? [10] A Yes, I was. [11] Q Of the American Academy of Occupational [12] Medicine? [13] A Yes. [14] Q Of the medical committee of the American [15] Petroleum Institute ? [16] A Yes. [17] Q Of the medical committee of the National [18] Agricultural Manufacturers Association ? [19] " A Yes. [20] Q And what aoota the medical committee of the [21] Manufacturmg Chemists Association ? [22[ A Yes!________________________________________________ Page 414 [1] Q Were you a chair of the medical committee of the [2] Manufacturing Chemists Association? [3] A Yes, for a couple years. [4] Q Okay. I'd like to go back through each of those [5] organizations and have you tell me what years you were [6] members of them, approximately. [7] A Oh, I'd be guessing on the years. I can't be [8] too exact on it. [9] Q Could you give me a ballpark idea? [10] A Yeah, sure. [11] Q For the Occupational Medical Society? [12] A Well, I was that - itchanged its name. I think, [13] from the Industrial Medical Association to Occupational [14] Medical Association. I think I was a member all the time [15] I was with Monsanto. [16] Q Okay. How about the American Academy of [17] Occupational Medicine? [18] A That was formed about halfway through my career [19] with Monsanto, so I'd say from the middle of the '50s [20] until I retired. [21] Q What about the medical directors forum ? [22] _______ A That was roughly about the same time, too. That Page 415 [1] was formed around 1950 or '55. I stayed with h till '74. 17] Q And how about the medical committee of the [3] American Petroleum Institute? [4] A We got in the petroleum business in, I think. [5] '56 or '58. And I think 1 stayed with that group for I [6] about eight years or something like that, eight or 10 [7] years. [8] Q Okay. And the medical committee of the National [9] Agricultural Manufacturers Association. what year were you [10] members -- a member of that? [11] A That wasn't too active a committee, and I think [12] I was in it from about the 60's - 1960s to 1970. [13] Q And what about the medical committee of the [14] Manufacturing Chemists Association? [15] A From about 1938, probably till '74, with the [16] exception of the time I was in the service. [17] Q And you stated that you were the chair of that [18] committee? [19] A Yes. [20] Q Could you give me some idea of when you were the [21] chair. [22] _______ A Sometime in the '60s, I think.______________________ Page 416 [1] Q Did you read the newsletters that were put mu [2] by those organizations? [3] A Yes. [4] Q Did you read any journals tluu they pm out? [5] A I don't think - theydidn't have any journals. [6] Q Approximately how frequently did you attend [7] semuiars and conferences m the field of ituiustrial [8] medicine? [9] A If you count these committee meetings, 1 mean, [10] the regular conventions and seminars would be maybe one a [11] year, maybe two a year. These committees were more or [12] less working committees and it depended on how often the [13] chairman called them. There were four times a year when I [14] became chairman and I knocked it down to one time a year [15] by the time I left. [16] Q You probably felt you had accomplished [17] something. [18] A Yeah. [19] Q What other steps did you take to keep up in the [20] field of industrial medicine? [21] A Oh, they had one-week courses in industrial [22] medicine, two-weeks courses, and I attended some of________ ! Page 417 I [1] those. I'd say attended one on the average of about every [2] three years or so. I [3] Q Who pm on those seminars? I [4] A One was University of Michigan. One was - they ! [5] were usually acadonic institutions, i [6] Q Would you say that you were pretty nuich - that i [7] you kept up effectively or knew son of the latest ideas ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 410 to Page 417 WATER PCB-SD0000063172 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXI4) I8/ in the area of industrial medicine? [9/ A I think so. [10] Q Throughout your time at Monsanto? [Ill A That's correct. [12] Q Dr. Kelly, did World War II have a big impact on [13] industrial medicine? [14] A Yes, it did. [15] Q In what way was that? [16] A Well, starting personally it pulled me out of [17] civilian life. And starting, as in regards, it focused a [ISI great deal on industrial medicine because they were [19] getting into products that were not usually manufactured [20] by the civilian economy. I know I was associated with two [21] arsenals that manufactured phosphorus bombs and phosphorus [22] shells. We had handled phosphorus before, but that was Page 418 [1] not a very, vety widespread industrial medicine. Didn't [2] have much experioice in that. Half a dozen companies may [3] have had experience. Than there was also some of the war [4] gases; phospine, mustard and Incite which were not [5] prominent in the civilian economy and also they seemed to [6] have a lot more money to devote to industrial medicine [7] because of the way the government contracts were written [8] up. So it really fostered the increase in industrial ]9] medical activities. [10] Q And what activities were those? When you state [11] that it hot an increase in industrial medical activities, [12/ vihat activities were those? [13] A Well, there was much more attention paid to the [14] working environment. There was much more attention paid [15] to the analytical levels of gas pollution or vapors and [16] gases in the working environment. It was much more [17] attention paid to noise than had been done before. Along [18] all the fields of industrial medicine and industrial [19] hygiene, there was increased attention. [20] Q Did the information and activities that took [21] place during the war, did those come to be transferred to [22] your civilian activity with Monsanto? Page 419 [1] A Well, we were doing a good part of it anyway 12] before we - before the war came along, but yes, 1 think [3] so. I think it was given the impetus for us starting our [4] own - when I came with Monsanto, there were only about [5] two. or at the most, three full-time medical directors. ]6] And after the war, I was probably the fourth or fifth or [7] something like that in the chemistry industry. And what [8] was the rest of the question? [9] Q That war, there were three or four medical [10! directors throughout the whole chemistry industry? [Ill A Yes. [12] Q Okay. What industrial medicine activities did [13] you undertake at Monsanto when you went back there after [14] the war? [15] A Well, we formulated medical procedures for all [16] our workers and all our plants. We arranged for adequate [17] medical facilities in all our plants and laboratories. We [18] arranged for the toxicological - obtaining toxicological [19] information on our products and raw materials. We [20] eventually set up an industrial hygiene group, which [21] started in 1947. And then when we ended up, when I left, [22] I think we had four industrial hygienists. We started a Page 420 [1] toxicology group in, I guess, the '50s with one person; ]2] when I left, we had four of those. I guess it was a [3] gradual expansion, both quantitatively in the numbers of [4] people and qualitatively in the fields they were working [5/ with. [6] Q Okay. When you studied the toxicological, found [7] information about materials that the workers came in [8/ contact with, would you explain a little bit how you went [9] about that. [10] A Sure. Here we start with product X. It's new [11] to us, so the first thing I find out - want to find out [12] is, is it new in the industry and they say no, Dow has [13! been making it for 15 years. So I call up the man at Dow [14] and say - well, I looked up in the literature to see if [15] there's anything written up on product X. And most of the [16] time, it's nothing. So I call the medical director at Dow [17] and say, what do you know about this one? What problems [18] have you had? And if he tells me - and most of the time [19] he does tell me - fine. Sometimes he doesn't have [20] anything himself. But he says we've been making it for 15 [21] years. We've got very rudimentary toxicological [22] information on it, but we havm't had any problems with Page 421 . [1] our workers or any cases reported from our customers. [2] Well, then, if we still want more information, [3] we deride we'll do some toxicological work on our own, so [4] we didn't have our own laboratory in those days, but we [5] arranged either in academic laboratories or commercial [6] laboratories to, to gather the toxicological information. [7] A lot of times, the government had some information on it, [8] and we checked with them to see what they knew about it. [9] Q What did you do with the toxicological 110] information once you developed it or identified it? [11] A Well, we used to give opnions to our workers [12] and to our customers as to how the material can be used [13] safely. [14] Q Did you look at toxicological information about [15] wastes that were generated in the production processes? [16] A We looked at it from the standpoint of handling [17] it during the disposal process of getting it from our [18] plants to the disposal site, and whenever we gave them the [19] information so they could carry that out successfully, [20] according to the belief of the government regulatory [21] agencies, as well as the state of knowledge of the [22] industry at that time, once it went into a landfill or a________ Page 422 [1] waste disposal site, it was, you know, a safe place for - [2] according to their thinking at that time. [3] Q Let me separate out two different items that / [4] think were part of your last answer. One is you talked [5] about what l would understand to be worker exposure during [6] transportation of the waste materials and the other is how [7] the wastes themselves would be disposed of. Were you [8] uivolved in both of those aspects? [9] A I personally - the medical department was, [10] either Garrett or Wheeler were involved in seeing that the [11] waste disposal problem was - the state-of-the-art was [12] adequate to the government regulations. These were state [13] regulations at that time because the EPA wasn't in [14] existence. [15] Q You were involved in that or Garrett and Wheeler [16] were mvolved in that? [17] A I beg your pardon? [18] Q Were you personally mvolved in the waste [19] disposal aspect? [20] A I don't know what you mean by "personally," [21] because - did they come up and ask me how do I - how do [22] you get rid of this stream of hydrocarbons?__________________ Page 423 [1] Q Yes. [2] A No, I wasn't in that sense,but they would have [3] their flow sheet showing what we're doing with the wastes [4] that evolved during our process. And Wheeler and Garrett [5] in consultation with their engineers at the plant - I [6] mean, the company engineers would make their mind up [7] whether this was the top method of disposal that was in [8] use and it was - I don't want to use the word [9] "authorize" - but recognized by the government as [10] sufficient. [11] Q You testified dtat Mr. Wheeler and Mr. Garrett [12] did that. Were you involved m that process with Mr. - in [13] those decisions with Mr. Wheeler and Mr. Garrett? [14] A Well, I guess he made the derision. It went out [15] over my signature. [16] Q But Mr. Wheeler and Mr. Garrett were the experts [17] on that? [18] A Yes. [19] Q Waste disposal? [20] A That's correct. [21] Q You were not the expert on that? Page 417 to Page 423 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063173 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 XMAX(51 ]22[________ A No.______________________________________________ Page 424 [II Q Okay. Were there any other significant changes [2] in the field of industrial medicine enter World War II -- [3] let me rephrase that. [4] Were there any big - other big events that had PI as much impact on the field of industrial medicine as [61 World War II did? [7] A Would you repeat that question again. [8/ Q Certainly. Were there any other events as big [9] as World War II for their impact on industrial medicine? [101 A Subsequent to World War El, I can't - I don't [I I) think so. I mean, it was a gradual evolving thing. I [12/ think - I would say that the increase in sensitivity of [13/ analytical methods made a great impact. [14] That here before World War II, the analytical [15] methods might show the presence of product Y down to 1 [16] part per million. Well, afterwards, the analytical [17] methods got where they could pick up 1 part per billion, 1 1181 part per trillion, so that made a big impact where we [19] thought we had a zero, we might have a trace - oh, I'd [20] consider 1 part per billion pretty much just a trace. [21] Then there was two features of bioaccumulation. [22] There was one which had to do with the fact that if you Page 425 [1] put product Y into a river by - it's picked up by the ]2] algae or the plankton in the bottom of a river, and that's ]3] concentrated in the plankton from - say it's 1 part per [4] billion in the water; by the time the plankton eats this PI stuff, it's 1 part per 100,000. Well, the shrimp eats the [6] plankton and it ends up in him, 1 in 10,000, and a fish [7] eats the shrimp and it goes down to 1 in 1000. And the [8] bald eagle eats the shrimp or the fish and he ends up with [9] a higher level of product Y than was in the - much higher [10] than it was in the water. [11] Q What if man eats the fish? [12] A Well, fish is not 100 percent of the human diet, [13] whereas the shrimp and the other marine animals are part [14] of the diet of aquatic animals. [15] Q Does bioaccumulation continue if man were to eat [16] the fish? [17] A If he ate fish all the time, sure, but he - but [IS] the levels in man have not been as high - nearly as high [19] ;is the levels in some. [20/ Q But there is some transfer of the contaminant [21] from the fish to man ? [22/________ A Oh, sure._________________________________________ Page 426 []] Q 1 want to go back in a minute and talk further ]2] about the issue of detection that you just identified. [3] When did the technology advance so there was increased [4] ability to detect small levels of chemicals? [5] A 1 think in the late '60s and '70s. [6] Q Was there a particular technology that enabled [7] that, such detection? ]8] A I cannot - I'm not an analytical chemist, but it [9] was a combination, I think, of using a gas chromatograph [10] with some radioactive methods to enhance the sensitivity [11] of the tests. [12] Q And that enabled increased detection in soils? [13] A Yes. [14] Q Did it enable increased detection of chemicals [15] in water? [16] A Yes. [17] Q Did it enable increased detection in the air? [18] A Yes. [19] Q Did it enable increased detection in any other [20] medium ? [.211 A Sure, in urine and blood, fat. liver. [22] _____ Q So you were more easily able to detect whether______ Page 427 [1] there iiad beenexposure to chemicals? [2] A To extremely low levels, yes. [3] Q Did the passage of the Occupational Safety and [4] Health Act, which is sometimes called OSHA, make any [5] difference in the area of occupational medicine? I [6] A Quite a lot. [7] Q Would you describe what difference that statute I [8] made. [9] A WeO, it made the recording of information about [10] the environment of the worker mandatory, rather than - not [11] random , but - well, let me explain what we did. We did [12] not run routine air analyss on any number of compounds. [13] We did where we considered there was an elevation, and we [14] ran the testing there, but OSHA made that mandatory. I [15] j [16] Q This is an elevation in the worker, in the A In the air, not in the worker itself, not [17] biological monitoring in the worker. I [18] Q So OSHA made it mandatory for Monsanto to test | [19] the air the workers were exposed to ? [20] A For everybody. 121/ Q All right. Do you know approximately when those [22] requirements came into place?__________________________________ Page 428 [1] A Just about the time I was leaving. I don't know [2] when the act was passed, but I thought it was implemented [3] around the end of '73 or '74 or even '75. [4] Q Before the act was passed, Monsanto did much P] less monitoring of air? [6] A Yes, considerably less. [7] Q Were there any other additional steps that [8/ Monsanto took once OSHA came into place? [9] A Well, no, there weren't really additional [10] steps. We kept on doing what we were doing, but we - I [11] was gone by that time. But from reading reports, we - [12] with the exception of running more testing routinely, even [13] in the absence of positive findings or the absence of [14] symptoms, we ran those tests. And I don't think - we were [15] doing pretty much the same except to the extent of it, so [16] we kept on what we were doing and we increased - [17] diminished the interval between tests and increased the [18] amount of tests we did. [19] Q The testing was focused on worker exposure [20] through cur; is that correct? [21] A I beg your pardon? [22] ______ Q The tests were focused on worker exposure________ Page 429 [1] through the air through breathing? [2] A Yes. [3] Q Were there any tests conducted related to worker [4] exposure through ingestion of - through either eating or [5] drinking of chemicals? [6] A We didn't want people to eat or drink industrial [7] chemicals, so I - that was a pretty steadfast rule for as [8] long as I was with Monsanto. [9] Q So no testing was done for the effects of worker [10] exposure by ingestion; is that correct? [11] A Well, we knew the toxicity, but we didn't test [12] the worker to see if he had swallowed any of it. [13] Q Including you didn't test the worker to see if [14] he had been exposed to any chemicals through the [15] groundwater, for example? [16] A No, sir. [17] Q What about through contact with soil, did you do [18] any tests to determine whether workers had been exposed to [19] any chemicals through contact with soils? [20] A No, but we had examined the workers whose work [21/ may bring them into contact with soil chemicals and found [22] no rliniral evidence of any illness. Page 430 [1] Q But you did no specific testing to determine [2] what would happen to workers who might become exposed to [3] chemicals either in soil or groundwater; is that correct? [4] A Well, at that particular time, we didn't believe p] that the material got into the groundwater. And if it got [6] in at all, it was in very small trace levels. [7] Q How did you make a determination that material [8] wouldn 't have gotten into the groundwater, that chemicals [9] would not have gotten into the groundwater? [10] A Well, it was - to the best of my knowledge, it [11] was the thinking of the scientific community, the people [12] who were the experts in landfills, and if we're talking ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 423 to Page 430 WATER PCB-SD0000063174 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAX(6) [13] aow about the Texas City ate. that the type of day [14] there, the Beaumont day, was considered impervious to [15] leaching, and that they did not believe that the -- any [16] contaminants would leach from the groundwater, from the [17] landfill into the groundwater. It was -- that particular [18] area, there were literally thousands of landfills that [19] used the same technique and the same type of [20] construction. There were ones that were approved - either [21] approved or authorized. I don't know whether - what [22] _____ Q Did you make your own independent determinations Page 431 [1] about whether there would be any leakage from the [2] landfills in the Texas City - at Texas City, in the Texas [3] City area ? [4] A I myself or the medical department? [5] Q Let's start with you yourself. [6] A I myself did not. [7] Q How about the medical department at Monsanto? [8] A I think Jack Garrett would have to be the one to [9] ask that. [10] Q But you had no personal experience with [11] determining whether there would be any leaks from [12] materials that were put into the ground at the Texas City [13] platu: is that correct? [14] A That's correct. [15] Q And would you yourself have any personal [16] experience with whether there would be any leaks from [17] materials put into the ground at the North 80 site? [18/ A No. sir - no, ma'am, I personally no. [19! Q And would you yourself have any personal [20] experience in whether there would be any leaks from [21] material put into the groundwater at the South 20site? [22] _______A No. I have no knowledge thatthere was any______ Page 432 [1] leakage, and I had no personal - [2] Q Did you have any personal knowledge of whether [3] or not there was leakage? [4] A I did not have any personal knowledge. [5] Q What about materials that were put into the [6] ground at the MOTCO site, which is sometimes called the [7] Texas City Wye site, did you have any personal knowledge [8] of whether or not there was leakage from that site? [9] A I have no personal knowledge that there was any [10] leakage from that site. [Ill Q Do you lurve personal knowledge of whether or not [12] there was any leakage from that site? [13] A Personal, that I found out myself or that some [14] people told me? [15] Q Let's start with that you found out yourself? [16] A I didn't find it - I didn't check it myself, no. [17] Q Did some people tell you that there was no [18] leakage problem? [19] A That is my impression at this time. [20] Q Did you know a Mr. Peter Cunningham who was [21] Monsatuo's chief environmental engineer in the 1950s and [22] 1960s?_____________________________________________________ Page 433 HI A No. I don't recall the name. [2] Q Were you aware of his views about disposing of [3] wastes at the Texas City Wye during that period? [4] A I don't know. If you've got a memorandum there [5] in which I'm copied in, you can refresh my memory. I [6] don't recall anything about Mr. Cunningham. [7] Q And you don't recall anything about what [8] Mr. Ciuuungham may have expressed about the risk of [9/ exposing of - disposing of wastes at the Texas City Wye [10] site? [11] A No, 1 don't. [12] Q Or that there might be leakage of contaminants [13] in and otu of that site in the 1960 period? [14] A I know nothing about Mr. Cunningham. [15] Q Or his views? [16] A Or his views, that 1 can recall. [17] Q Did you hear - did you ever hear it expressed [18] that there might be a problem with leakage of contaminants [19] in ami otu of die site at the Texas City Wye, the MOTCO [20] sue? [21] A First of all, I don't - I don't - I can't [22] analyze leakage in. I mean, what's leaking into the Page 434 [1] landfill. [.2] Q Let's start with leakage out. [3] A Let's start with a question, then. [4] Q Were you aware of any views in the late 1950s or [5] early 1960s that there might be a problem with leakage of [6] contaminants out of the Texas City Wye site? [7] A No, I did not have that information that I know [8] of, that I can recall. [91 Q And did you have it at any time? [10] A Not that I can recall. [11] Q Also, Dr. Kelly, what about the leakage of [12] materials from the Brio site? Did you know whether or not [13] any chemicals that were placed into the ground at the Brio [14] site leaked out of that site or leaked - ' [15] A I did not know or have 1 any recollection of [16] having heard about that from any of our scientists or from [17] the state. [18] Q Do you recall whether or not you were - you had [19/ any knowledge about contaminants at the Brio site? [20] A I did not - I did not have any knowledge that 121] any contaminants leaked out of the Brio she. Was that [22] the question?_______________________________________________ Page 435 [1] Q I want to know whether or not you knew about it, [2] whether it's something you knew about personally at all. [3] A I did not know anything about h. [4] Q So when you determined what chemicals to study [5] for worker exposure, you relied on what other people told [6] you about how there might be exposure to workers? [7] A Well, no, I knew the exposure obviously in our [8] own plant. I knew that. I was only relying upon [9] information other people may have obtained from their own [10] unpublished toxicological work or the plant experience [11] that they had with their worker exposures. [12] Q And what about the exposures of people who [13] weren't workers? Is that something that you were familiar [14] with? [15] A Well, that's hard for me to figure out what [16] workers you're talking about. [17] Q What I'm interested in. Dr. Kelly, is whether [18] you concerned yourself with exposure by people who didn't [19] work - did not work at Monsanto but, for example, were [20] neighbors of the Monsanto plant or Monsanto's waste [21] storage areas ? [22] ______ A Well, if any complaints or history of ill_____________ Page 436 [11 effects of neighbors in a Monsanto she had occurred and [.2/ were brought to the attention of the company, they would [3] have been brought to me also. And I don't recall having [4] any dealings with neighbors who may or may not have had [5] problems from exposure to any of our compounds. [6] Q Your basic focus was on the workers in the [7] Monsanto plant; is that correct? [8] A I'd say basically, yes, but if 31 effects had [9] occurred at the neighboring population, h would have been [10] brought to my attention, but I don't recall hearing these. [11] Q You don't recall hearing of any exposures or any [12] ill effects on neighbors througlwut the time that you [13] worked at Monsanto? [14] A WeD, you have a double question there. One is [15] exposure. One is 31 effects. [16] Q Let's start with exposure. [17] A Obviously, exposure stuff comes out of (he stack [18] inadvertently, so I've heard of those. As far as 31 [19] effects, I have not heard of any of those 31 effects. [20] Q Did you hear of any exposure by means other tlum [21] material coming out of the stacks or were you aware of any [22] such exposure?______________________________________________ Page 437 [1] A I wasn't aware of any such other exposures, to [2] the best of my recoQection. There may over the 40 years [3] have been some, but I don't recan them. Page 430 to Page 437 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063175 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXu', Ml Q Did you conduct any animal tests with chemicals PI while you were at Monsanto? PI A I had tests conducted, yes. m Q You had tests conducted by people at Monsanto? pi A Outside of Monsanto. 191 Q By outside laboratories? not A I beg your pardon? nn Q By outside laboratories? 1121 A That's correct. mi Q And what were those tests? [Ml A They were animal tests. We had some skin tests [151 done on humans. 1161 Q What were the animal tests designed to [17] determine ? list A The toxicity of a particular product we were [191 testing. [201 Q And were such tests used for products that were an put out by Monsanto? [221 _______ A Were used both for products and they were never Page 438 [11 used for raw materials that we used ourselves. [2/ Q Were they e\`er used to test for toxicity of PI wastes? Ml A They were used to test from the acute point of PI view for the safe handling of the wastes. [61 Q So you conducted some animal studies to - a [71 test -- to test for acute toxicity? PI A That's correct. [91 Q Could you describe what acute toxicity is, /101 please. mi A Acute toxicity is testing for the possible [12/ harmful affects of a large dose over a short period of 1121 time. In other words, if you consider - if you go to a [M] standpoint of illnesses, if you have a pneumonia, that's [151 an acute condition. If you have diabetes, that's a [161 chronic condition that occurs over a long period of time. [171 Q Did there come a time when uidustrial medicine 118/ became interested in chronic exposures and chronic effects [191 of chemicals? [201 A In isolated cases. There were cases - there [211 are - the primary use of chronic testing was when you knew P21 something was going to be voluntary or involuntary food Page 439 [11 additive. Industrial chemicals were tested from the acute PI point of view as far as safety and handling. To do an PI acute testing, you put the material on the skin. You put Ml the material in the eyes. You put the material - feed it PI to the animal in varying doses to see, give you a 161 benchmark of how toxic the material is from that single [71 point of view. PI Q Okay. Did [91 A You also - if it's a liquid, you volatilize it /101 by heating it or by spraying it as a mist into an animal mi chamber to see how they're affected by getting a good [121 eight-hour dose of a material by breathing it. [121 Q But that's a test for acute exposure; is that [Ml correct? [15] A That's correct. [161 Q Okay. Did there come a time when people became 117] aware that exposure to a chemical over a long period of [18! time could result in effects that might not be the same [191 effects as those tlutt you've described as acute tffects? 120/ A Yes. PH Q And when did that knowledge come ituo bemg? 1221 ______ A Well, as I said, the knowledge was there. The______ Page 440 HI use of long-term testing was - in rare instances was, I PI suppose, in the '30s when lead was added to gasoline. PI There was considerable testing of the tetraethyl lead. [41 Q So there was knowledge as early as the 1930s PI tlutt long-term exposure to a chemical might result m 161 effects that acute exposures would not result in? [71 A That's correct. PI Q Is that correct? Did there come a time when [91 Monsanto began to test its products for chronic exposure? [10] A You mean - we tested products that were going to i PH be used as an agricultural chemical, as a food additive or [121 as a packaging of material additive, so it would be a [13/ voluntary food additive. [14] Q And when did you begin those tests? [151 ! [161 [171 [181 [191 A '50s. Q During the 1950s. did you test wastes for similar chronic effects? A No, because wastes were not intended or did we believe that people would be exposed to the waste over [201 long periods of time. The industrial chemicals were not [211 tested and are not tested today for long-term effects [221 because a long-term study takes about three years and Page 441 [1] there aren't enough laboratories in the world to test all ! pi the industrial chemicals, so it is not a part of routine PI manufacturing procedure, either then or now, to do [41 long-term testing on industrial chemicals. PI [61 [71 PI (91 [101 Q You state that you didn't test wastes for chronic exposure in the 1950s because you didn't believe people would be exposed. Did you base tlutt belief on wfutt other people who worked at Monsanto told you? A Well, what was general knowledge in the industry, what the state believed as far as the exposure [HI from landfills of the type. [121 Q How did you hww wluu the state believed? Was \ [12] Oust in your area of inquiry? ! [Ml A Yes. I talked to Garrett and Garrett talked to 1 [151 me. [161 Q But you based it on wfutt Mr. Garrett - you based [171 your belief tlutt there wottldn V be exposures on wluu [18] Mr. Garrett told you; is that correct? [19] A That's correct, and the fact that there was P01 nothing in the literature that discussed any exposure from PH landfills. P21 _______Q Dr. Kelly, I'd like to invite your attention to________ Page 442 [11 Exhibit Kelly V-29, which is an exhibit that you looked at PI yesterday, atul I'll be pleased to slutre a copy with you. PI To refresh your memory, is this an article that was [41 written by Dr. Jack Garrett - on the top - "tars, spent PI catalysts and complexes as petrochemical waste sources"? [61 A Yes, it is. FI Q Attd is the article a July 1959 article ? PI A Yes, it is. [91 Q Is this an article that you remember reading at [10] the time it was published? [HI A Yes, sir - yes, ma'am. [12] Q I invite your attention, Dr. Kelly, to the page [HI tluu's marked 843 - the pages marked 843 atul 844 in the [Ml article and l would request that you take a took at the [151 section called "burial of wastes. " [161 A Yes, 1 have. I've read that section. i [i7] Q Tlutt section describes different ways in which [18] wastes can be disposed of through putting them in the [191 groutui; is tlutt correct? POJ A That's correct. PH Q And is it correct tlutt one of the sentences in P21 the article is "the possibility of the utrry nutterials___________ Page 443 HI leaching into groundwater resevoirs must, of course, be PI explored"? PI A Yes. [41 Q Does it also - talking abotu burial of dntms [51 state "this procedure also presents die problem of [61 possible groiuulwater contamination offer die dnmis lutve [7] deteriorated and also die possibility offire or explosion PI in die dump site"? PI A Yes. [101 Q Atul does it also go on to calk about disposal of j PH tarry materials in deep pits? i [121 A Yes. j [131 Q And in dutt paragraph, does it also state "but ! [Ml diis also constitutes a potential direat of contamination /i n of die groundwater supplies. Therefore thorough knowledge of die subsurface formaoon is desirable before using diis [17] method"? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 437 to Page 443 WATER PCB-SD0000063176 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXfS) [ISI A Yes. [!9] Q This article that you were familiar with at the [20] time suggests that Dr. Garrett had the view that there [21] could be groundwater contamination of wastes -- groundwater [22] contamination from wastes; is that correct?____________________ Page 444 [1] A Well, be said there's a possibility that it could occur and it should be explored, and check the [2] bottom of the pit before you start throwing things in. I [3] think there's a big difference between throwing things in [4] a garbage dump outside the city and putting the material [5] in an approved landfill - like the Brio site, to pick ]6] one - which its bottom is Beaumont clay, which was [7] accepted at that time, and still is, as a rather [8] impervious barrier to leaching. [9] Q Dr. Kelly, did you know in the 1950s about the [10] Beaumont clay layer? [III A 1 may have. [12] Q Do you recallthat you did? [13] A I don't remember one way or the other. [14] Q Is your knowledge of the Beaumont clay layer ]IS] based in part on Exhibit V-34, that one-page chart that [16] you looked at yesterday? [17] A You mean that - the one that was the subject of [18] all the discussion? [19] Q That one. [20] A No. I think it's based on the fact that I [211 knew - I don't know how - I knew that there were literally [22] 23__________________________________________________________ Page 445 [11 thousands of these in the Texas area, that it was approved m by the Texas Water Commission, who are the experts in the pi field of landfills in Texas. ' [41 Q Were you the person who dealt with the Texas [51 Water Commission on behalf of Monsanto? [61 A No. If anybody from the medical department was, PI Garrett. [81 Q Were you the person who made any hydrogeological [91 determinations about whether burial of wastes at the five [10/ sites here that are at issue in this case - let me start [11] over. [121 Were you the person who made hydrogeological [131 determinations about whether waste disposal was [14] appropriate? [151 A No. [161 Q So you lutve no personal knowledge about waste -- [17] about whether there would be leaking from the places that [18[ wastes were buried at the Texas City plant? [19] A That's correct. [20] Q Or the MOTCO site? PH A That's also correct. [22] ______ Q Or the Brio site?____________________________________ Page 446 [1] A Yes. ( 121 Q Or the North 80 or South 20 sites? [31 A Yes. [4] Q Did you conduct or oversee the conducting of any [5] aninutl tests for acrylo - the toxicity of acrylonitrile? [6] A No, I think the material - the toxicological [7] information for acrylonitrile was already in the [8] literature. That was a compound that was made quite [9] sometime before by other chemical companies before [10] Monsanto got in the business of acrylonitrile. [11] Q And did those tests show that acrylonitrile nos [121 toxic? [13! A Yes, it's toxic. [14] Q Did you conduct arty animal tests about toxicity [15] of styrene tars? [16] A Yes. We did the acutetesting of styrene tars. [17] Q And when did you dothat testing? [18] A '50s, '60s. I'm not sure. [19] Q It could have been the 1950s? It could have [20] been the 1950s? [21] A It could have, but I'm not certain at all of the [22] time frame._________________________________________________ Page 447 I PI Q Would it have been any later than, let's say, P] 1965? ' [3] A Gee, I can't answer that. I don't know. I [41 Q But you think that it mis probably in the 1950s PI or 1960s? [6] A That's correct. PI Q And what did you find about the acute toxicity PI of styrene tars? [91 [10] [11] [12] [13] [14] A For an industrial chemical it was moderately toxic, probably a shade below moderate. According to - I forget what my classification was. The next one down from moderately toxic - I think it was mildly toxic, but this was more toxic than mildly toxic. Q The in between category? [15] [16] A I beg your pardon? Q The in between category? [171 A Yes. [18] Q Did you do any testing for chronic exposures to [19] acrylonitrile? PO] A No, we didn't. There was some chronic exposure PI] in the literature. I don't know how chronic it was. It [22] could be called subacute - that means subchronic; in other Page 448 [1] words, instead of two years, it might be two months or P] three months. [3] Q And do you know what that literature showed [4] about subchronic exposures to acrylonitrile? ]5] A Yes. It exhibited toxicity. It was an irritant [6] compound. I'm not familiar at the present time right [7] today with what it showed systemically. P] Q Do you know when that information was available [9] or when those studies were done? [10] A I'd be guessing, but I still thought it was [11] around the '50s. I'm not sure. I think I've seen that [12] report in one of these depositions. [13] Q Did you do any testing for chronic exposures to [14] styrene tars? [15] A No, I did not. [16] Q Was there information available about chronic [17] exposures to styrene tars? [18] [19] PO] [21] A No. Q What about vinyl chloride, was there any information available - did you do any testing of exposures to vinyl chloride? [22] _______ A Not - to the vinyl chloride monomer?______________ Page 449 [1] Q To the vinyl chloride monomer; correct? [2] A No, we did not. [3] Q Was there any information available about acute [4] exposures to the vinyl chloride monomer? [5] A Yes, there was. [6] Q And when was that information available? [7] A It was available when we got into the business, P] and we got into the business, I thought, in the '30s, I [9] believe - I mean, I'm sorry - in the '40s when we started [10] manufacturing the vinyl chloride polymer at Texas City. [11] Q Was there any information available about [12] chronic exposures to the vinyl chloride monomer? [13] A There was information, yes, but I'm not familiar [14] with the extent of it, though. [15] Q Did you conduct any testing for chronic i [16] exposures to the vinyl chloride monomer? [17] A No, we did not. [18] Q Dr. Kelly, I believe that earlier in this [19] deposition you testified that chronic exposure was defined [20] as exposure for six months, eight months, maybe a year. [21] Is that indeed your definition of chronic exposure? [22] _______A Well, it's exposure for a long period of time._______ Page 450 [1] It could all the way up to the life of an animal. If you P] are testing some compounds, you test them for seven | [3] years. If you - the usual testing in rats is two years. I [4] Dogs, it's seven years or eight years, as long as a dog is [5] going to live. [6] Q And is it true that if - if you feed an animal a [7] substantial amount of material and it exhibits a chronic Page 443 to Page 450 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063177 S.SM Depo of R. Emmei Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 [8/ effect, that that puts you on suspicion that a smaller 191 anwunt of the chemical may cause a chronic effect in man ? [lOj A No, not necessarily. In other words, you give [11] an animal 10 X, does that make it suspicious if you give a [12] man 5 X? [131 Q Right. [!4[ A No. I think it would be the reverse because, f!SJ first of all, you don't know the metabolism of a compound [16] in a rat or dog or a mouse vis-a-vis metabolism in a [17] person. And some species are entirely innocuous - be [IS] innocuous to one animal species and not to the other. We [19] found some toxicological positive results in the female [20] species and not find it in a male. So it's a frail read [21] in the first place, but it's about the only thing we have. [22] ______Q Well, if you gave an animal what you say is 10 Page 451 [1] X, let's just say 10 units of a chemical and that chemical [2] caused cancer in the animal, would that cause you any [3] concern for what effect that chemical might have on man ? [4] A Oh, yes, you'd be suspicious, certainly. [5] Q Would that suspicion lead you to do fitrther ft5] testing before you used that chemical? [7] A Well, it depends on the other circumstances. It [S] depends on what the doses are going to be. After all, [9] there are carcinogenic chemicals in the food we eat. It's [10] in cabbage, it's in peanut butter. It's in lots - there [111 are carcinogenic agents in it, so it makes you suspicious 112] of it. It makes you suspicious of what level you should [13] allow the food. [14] Q So as a doctor at Monsanto, if you conducted or [15] Mere aware of an animal test where you fed the animal 10 [16] units of a chemical and tluu caused cancer m the animal. [17] you would be suspicious tluu there miglu be some effect of [18] that chemical in humans; is tlutt correct? [19! A Well, that's possible, but let's take an actual [20] case. Saccharine, they gave 5 percent of an animal's diet [21] saccharine, 5 percent. The average person who uses [22] saccharine for a sweetening agent, if you're a diabetic or Page 452 [1] just wants to lose weight, would take enormously less than [2] 5 perceat of his diet. If the diet is what, 400 grams, [3] this man would take in saccharine, 100 milligrams of the [4] stuff, so you wouldn't worry about that small dose in [5] comparison to the 5 percent of the diet factor. The [6] government finally got around to that point of view and [7] there's still saccharine on the grocery shelves. [S] Q But wluu you're saying is that you. as the chief [9] medical officer for Monsanto, would tell people not to 1101 worry if a chemical was tested in animals attd 10 units of [11] tluu chemical caused cancer in the animals? You Mould say [12] humans shouldn't worry about it? [13] A It all depends how much they were going to be [14] exposed to. If 10 units caused cancer and you give the [15] man 1000th of one unit, I'd say don't worry. [16] Q But you would need to know information about /17] mIuu the exposure would be, is tluu correct, i/i order to [IS] nuike a determuuuion? [19] A That's correct. 120] Q Were you concerned about chronic effects of [21] chemicals on Monsanto workers? [221_______ A Yes._______________________________________________ Page 453 [1] Q When did you start being concerned about tluu? [2] A I guess in the '40s. [3] Q Atul in that context, you looked at chronic [4] exposure over mIuU period of time? [5] A I what? [6] Q You Mere cottcemed about exposures for mIuU 17] periods of time when you were worried abota such chronic [8/ exposures? [9] A As long as they were working with the material. [10] I didn't put a limit on it. Ididn't say sixmonths, fl 1] you're working in - you're doing chronic exposure. [12] Q You were concemea aboiu worker exposure, [13] chronic worker exposure over the whole time that they [14] worked at Monsanto; is tluu right? i [15] i [16] A That's correct. Q So in that context you were defirung chronic | [17] exposure over long periods of time? [18] [19] A That's correct. MS. SCHIFFER: Okay. Why don't we take a [20] break. [21] THE WITNESS: Fine with me. [22]________MS. SCHlFPER: 1 probably have half an hour Page 454 [1] left. ` [2] MR. MAGGIO: We're off the record as of 11:40 [3] a.m. [4] (Recess.) [5] MR. MAGGIO: We're back on the record at [6] 11:53 a.m. [7] BY MS. SCHIFFER: [8] Q Dr. Kelly, just so that I'm sure I'm clear in my [9] mind, you 're not an expert on waste disposal; is that [10] correct? [11] A That is correct. [12] Q Atui you're not an expert on landfills? [13] A No, I'm not. [14] Q Other people at Monsanto were responsible for [15] waste disposal and not you? [16] [17] A That's correct. Q You're not a geologist, are you? j [18] A No, I am not. ; [191 Q And you're not a Itydrogeologist? [20/ A No, I'm not. '[21] Q Are you an expert on soil cotuiitions in the i [22] Texas --_________________________________________________ i ! [1] A No. Page 455 [2] Q Including soil cotuiitions bi the Texas City [3] area? [41 A No. [5] Q You 're not anexpert ontlwse.Are you an [6] expert on the Beaumont clay that you talked about? [7] A No, I am not. I'm knowledgeable, but not an [81 expert. ]9] Q When you say you 're knowledgeable, your [10] knowledge is based on wluu other people luxve told you; is [11] tluu correct? [12] A That's correct.Of course, that'swhat most [13] knowledge is based on. [14] Q Riglu. Have you persoiudty studied any of the [15] fields that we just described - discussed? [16] A No, I have not. [17] Q And did you personalty examine waste disposal [18] conditions at the five Texas City sites we've discussed? [19] A No, I did not. [20] Q Did you personally examine the geology and [21] hydrogeology at those five sites? [22] A No, I did not.__________________________________ Page 456 [1] Q Dr. Kelly, yon've testified over the past few [2] days aboiu PAB; is tluu correct? [3] A That's correct. [4] Q Atul that there came a time when you became [5] suspicious tluu PAB was cattsuig bladder cancer? [6] A That's correct. [7] Q Did you undertake any aninutl tests of PAB? [8] A I had arranged them, yes. [9] Q When did Monsatuo first begui producuig PAB ? [10] A First begin to what? [11] Q First begin producing PAB. [12] A Before I came with the company, so I believe it [13] was in the '30s. Sometime in the '30s. i [14] Q When did you arrange for animal testing on PAB? [15] , [16] A Sometime in the early '50s. Q Was the testing that you arranged for testing of j [17] chronic affects or acute affects? [ [18] [19] A Chronic. Q Was tluu testing, in fact, conducted? , [20] I [21] A Was it conducted? Q Did you do the testing? XMAX<9) ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 450 to Page 456 WATER PCB-SD0000063178 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXtlO) 172] A Oh, yes._____________________________________________ Page 457 [l] Q Okay. When did you do the testing? 12/ A In the early '50s. 13/ Q And what did that testing show? ]4] A It showed that PAB was a carcinogenic in dogs - [5] carcinogenic in dogs. [6] Q Was that testing the base - part of the reason [7] why you - Monsanto determined to stop making PAB? /81 A Yes, it was. [9] Q What was the chronology of the animal tests and [10] the tests of humans that you described yesterday? [11] A Well, I don't like the word test of humans. [121 Q Fine. [13] A 1 mean, the human experiatce in our plant, [14] Q The luanan experience in your plant. [15] A When - we started the testing of animals as soon [16] as we were suspicious that the working environment was [17] such that it was giving - could give our workers bladder [18] tumors. We knew that to undertake a carcinogenic study, [19] which was what we were looking for, of course, in dogs [20] takes an indeterminable amount of time. [21] You don't know how long it takes. Some [22] compounds run seven years. The fastest you can run a______ Page 458 [1] test, a two-year test is really three years because you [2] have to spend X period of months, three months, four [3] months to determine a level that the dog can take without ]4] dying in the course of two months, dying of other [5] conditions rather than the one you're looking for. So [6] that takes about three months. [7] Then you start feeding it three levels, one [8] level you hope won't give the dog problems, another that [9] you know will give him problems or hoping to find them and [10] the third in between it, so that you might be able to [11] figure out a safe level of exposure in case you want to go [12] that way. Well, then after you run that, you have to [13] get - that's two years you're running it. Then you have [14] to run the toxic, microscopic pathology. That's a [15] bottleneck. By the time you get a pathologist around to [16] look at all these slides, it's another six-month shot. So [17] it's really three months - years are gone before you get [18] the report. [19] I think we got the reports in '50 - don't hold [20] me to this, the dates are getting me a little confused. I ]21] think it was '53, '54, '55, something like that. [22]________ Q And remind me when it was that you took - you_______ Page 459 [1] stopped producing - Monsanto stopped producing PAB. [2] A In '55. We did not stop it on the basis of the [3] animal findings. We stopped it on the basis that we knew [4] that the people were getting exposure to the product. We [5] didn't know the amount that they were getting, but we knew [6] they were getting this exposure. We knew that we had the [7] air levels at zero. We knew that the wipe samples on the [8] equipment, the railings and stuff were also negative at [9] the plant, but we found out that the metabolites from the [10] PAB were being found in the urine of our workers. [11] Q Did you conduct any other animal studies on PAB? [12] A Well, I mean, in the course of this two-year [13] testing - [141 Q No. [15] A - you were doing it. [16] Q Right. Bia from - other than the testing that [17] you 've described, did Monsanto conduct any other animal [18/ testing on PAB from the time it began marketing it in the [19] 1930s? [20] A I don't think so. [21] Q So Monsanto marketed PAB for over 15 years [22] before it conducted any animal tests; is that correct?____________ Page 460 [1] A We may have bad acute studies during that time. [2] I don't know. I don't recall. [3] Q You don't recall that there were any other [4] animal studies during the first 15 years or so that [5] Monsanto produced the chemical: is that correct? i [6] A That's correct. t71 Q You've testified some about insurance coverage I [8] in this deposition. Were you involved in seeking [9] insurance coverage for Monsanto? [10! A I? No. [11] Q You had norole in seekinginsurance coverage [12] for Monsanto? [13/ A None. [14] Q You were asked about whether you were familiar [15] with policies of other carriers, and I'll briefly ask you [16] whether you ever read an insurance policy issued to [17] Monsanto by London? [18] A No. [19] Q Did you haveany familiarity withinsurance [20] policies issued to Monsanto by London? [21] A No. [22]_______ Q Did you have any familiarity with the terms of Page 461 [1] those policies or the coverages of those policies? [2] A No. [3] Q Did arty - are youaware of whether anyone from [4] London ever came to visit any Monsanto - at the Texas City [5] plaru? [6] A No. [7] Q Did you ever have any meetings with anyone from [8] London? [9] A No, not that 1 can recall. ]101 0 That is,from the London insurance market. [Ill A Yes. [12] Q Were you ever involved in making any claims [13] under any London insurance policies? [141 A Not I. [15] Q This is on behalf - again, on behalf of [16] Monsanto? [17] A Yes. [18] Q You did not do that? [19] A None. [20] Q Were you at all involved in giving notice to [21] London abotu any insurance coverage claims? [22] _______ A No. In fact, I never heard of London, London Page 462 [1] insurers. [2] Q That makes it easier. [3] Dr. Kelly, you testified that you'd published [4] articles or at least an article about the PAB problem; is [5] that correct? [6] A Yes,two articles. [7] Q Do you know in what journals they were published [8] or where they were published? [9] A The one was in the Journal of the National [10] Cancer Institute. The other was in the American Journal [11] of Urology. [12] Q Did you publish other articles during your [13] tenure with Monsanto? [14] A Yes. [15] Q Could you give me an approximate number? [16] A Two or three. [17] Q These were on other topics than PAB? [18] A Yes, they're more or less general type articles. [19] 0 And do you know when you published those [20] articles? [21] A Oh, one was pretty early in the business, in the [22] late '30s. And the other one was, I think, right after Page 463 [I/ the war. [2] Q So they were -- one was late '30s and one was the I [3] 1940s? ' [4] A Yes. [5] Q Were they onthe topic of industrial medicine? [6] [77 [8] [9] [10] [11] [12] A Yes, they were. Q And after that time, did you publish any articles besides the PAB articles? A No. Q So your publications are the two articles you've mentioned and the two PAB articles: is that correct? A I think there were three PAB articles. Page 456 to Page 463 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063179 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.5431 1.0 XMAXdl, [13] [14] [151 [16) [171 [15] [19] Q So your publications were the three PAB articles and the two industrial medicine articles that you mentioned? A That's correct. Q And there were not any others? A Not that I - no, there weren't. Q Thank you, Dr. Kelly. [201 MS. SCHIFFER: I'd like to mark as Kelly V-35 a [21] letter that I'd like to show you. [22[_______ (Kelly Exhibit V-35 identified.)__________________________ Page 464 [11 BY MS. SCHIFFER: [21 Q Do you know wiw John Fax is? [3] A Yes! I do. [4] [5] [6] [7] [8] [9] [101 [Ill Q Is Ms a letter or a memorandttm from John Fax to you dated May 29, 1958 on the subject, or states it's on the subject "benzene and polyethylene "? A Yes, it is. Q Is this a memorandum that you recall receiving? A Is it a memorandum that I Q That you recall receiving? A Yes. [12] Q Does it appear to be on the form that was used [13] by Monsanto at the time for memoranda ? [14] A It looks tike a plain, ordinary memorandum. [15] Q And does it look like a memorandum that would [16] lutve been prepared in the ordinary course of business at [17] Monsatuo? [18/ A I think so. [19] Q And maintainedby Monsanto in the orditutry way [20] Monsatuo kept its files? [21] A Frankly, I don't know why they retained it. but 1221 we had a retainment system that after X period of years. Page 465 [1] five or 10 years, if it wasn't germane to anything, we [2] should have thrown it out. [31 Q But tins is a memorandum - this memorandum looks [4] like it's a memorandum that Mr. Fox would have written [5] while he worked for Monsanto and you received? [6] A Yes. [7] Q Okay. Would you take a minute to review this [8] menwratuhtm, please. [91 A Yes, I've read it. [10] Q Do you remember that Mr. Fax asked you about [11] benzene in polyethylene use for food packaging? [12] A Yes. [131 Q Do you remember that you issued a reply to [14] Mr. Fox? [151 A If I replied? I'm sure I did. [16] MS. SCHIFFER: I'd like to have marked Kelly [17] Exhibit V-36. a letter which I believe is your reply. [18] (Kelly Exhibit V-36 identified.) [19] BY MS. SCHIFFER: [20/ Q Is this a memorandum to Mr. Jolm Fox - let me go [211 back for a minute, Dr. Kelly. [22] _____ Would you state who Mr. Jolm Fox was m 1958?________ Page 466 [11 A He was a Monsanto employee at the Monsanto Texas P] City plant. His job had - he did some work in safety. He [3] did work - some work in research and he did some work in [4] industrial hygiene. I don't really know what his title [5] was or what. [6] Q But you described his duties at that time. [7] A I really didn't know what, exactly what he did, [8] but he would send these letters out and I gathered that [9] whatever he was doing had some relationship to those three [10] fields. [11] Q bwiting your attention to Kelly V-36, is this a [12] memorandum tluu you wrote to Mr. John Fax dated June 2, [13] 1958 on the subject "benzene and polyethylene"? [14] A Yes, it is. [15] Q Does u appear to be a memorandum that you woula [16] have wnuen on a normal, on a regular Monsanto form m [17] the ordinary course ofyour business at Monsanto? [IS] A Yes, it is. [19] Q And that Monsanto would have maintained in its i [20/ files in the ordinary course of business.' ! [211 A Yes. . [22]________ Q Okay, Would you take a moment to look at this I Page 467 [1] memorandum, Dr. Kelly. P] A I did. ' j [3] j [4] Q Would you please read the memorandum oia loud. A Sure. "Your memorandum referred to above can I [5] only be answered in two parts. First, a strict scientific ! ]6] answer to your question as to 'the amount of benzene that [7] can be safely left in polyethylene used in food packaging' [8] would require extraction data. Even then, the individual [9] would have to come out with an opinion which would be more [10] or less an educated guess. [11] You then ask whether or not there is any level [12] that would be acceptable. I presume by this you mean [13] acceptable by the Food and Drug Administration. If any is [14] extractable, the FDA would say if more than a 10th of a [15] part per million came out. it would be unacceptable. [16] Now we come down to being practical. It is my [17] opinion that 400 to 500 ppm of benzene in the fresh, [18] refined pellets which then are stored and finally come [19] through a molding machine at 350 degrees C would present PO] no hazard to the ultimate user. My reason for this is pl] that I feel sure that any benzene that was not removed by P2] molding at 350 degrees C would be so bound to the Page 468 [1] polyethylene that it would not be removed by contact with ! P] the food. Believing this and proving it are still two ! [3] different things, so what we should do is keep still about [4] any possible benzene contamination in polyethylene. I [5] certainly think that our salespeople should be notified [6] but certainly no one on the outside should be told about [71 it." [8] Q Is that your signature or your initials on this [9] memorandum ? [10] A Yes, it is. [11] Q Dr. Kelly, were you in any way uwolved in the [12] permitting process for the five Texas City sites we've [13] discussed? [14] A Permitting. Getting the permit? [15] Q Getting permits from the Texas Water Quality [16] Board. [17] A Not I, no. [18] Q Or any other Texasemironmetualagency? [19] A No. PO] Q At no time myour career were you involved in PI] such permits? p2]A That's correct. Page 469 ]1] Q Were you uivoived in Monsanto's - in whether P] Monsanto complied with such permits? [3] A Was I involved in the - no. [4] Q In Monsanto's compliance with such permits? [5] A No. If anybody in the medical department was, [6] it was Garrett. [7] Q So you don't have any personal knowledge of [8] whether Monsanto breached the terms of those permits? [9] A No, I certainly don't. I never heard what they [10] did. I would be surprised if they did. [11] Q But you don 7 know whether they did or did mu? [12] A That's correct. \ [13] Q You said you never heard of London, so you never [14] heard that - you had no knowledge of whether Lotidon [15] provided any loss prevetuion services to Monsanto? [16] A That's correct. [17] Q When did Monsanto first have an industrial [18] hygienist on its staff? [19] A 1947. PO] Q And that's when Mr. Garrett came to work? pi] A Wheeler. [22]Q Mr. Wheeler came to work. He was the first one ? Page 470 [1] A That's correct. P] Q You testified duruig this deposition that you [3] reported to the Monsanto executive committee on ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 463 to Page 470 WATER PCB-SD0000063180 BSA Depo of R, Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXG21 ]4] environmental matters: is that correct? [5/ A That's correct. 161 Q How did you define environmental matters? [7] A The relationship of our products to the [8] environment, X guess. [9] Q And it urn focused on your products; is that [10] correct? [Ill A I beg your pardon? /12/ Q It was focused on your products; is that [13] correct? [14] A That's correct. [15] Q Did it involve any reporting about wastes? [16] A WeD, it did after we were given the authority [17] by the executive committee to be sure that all new plants [18] and all mqjor remodeling took into account waste disposal [19] and that the medical department, in conjunction with the [20] engineering department, accepted the disposal plans as [21] state-of-the-art and as adequate and sufficient. [22] _____ Q When was that time?________________________________ Page 471 [1] A I thought it was around '52. [2] Q So after 1952 you reported on wastes as well as [3] on products ? You reported on the environment as it [4] related to wastes, as well as to products? [51 A Yes. [6] Q How did you prepare those reports? [7] A WeD, I asked Garrett and Wheeler how many [8] proposals they had looked over, if they had approved all [9] of them, if they bad sent some back for more information [10] and probably said, we've looked at plant X's proposal for [11] ptithahc anhydride, we considered the waste treatment [12] perfectly adequate. [13] Q So that you relied on information thatwas [14] provided to you by Messrs. Garrett and Wheeler; is that [15] correct? [16] A That's correct. [17] Q You testified in the past few days about how [18] biodegradation lessens toxicity; is that correct? [19] A That's correct. ]20] Q In fact, doesn't the rate at which [21] biodegradation lessens toxicity depend on the particular [22] chemical?___________________________________________________ Page 472 [1] A Depend on wbat? [2] Q The particular chemical. [3] A Yes. Some chemicals biodegrade, some don't [4] biodegrade at all. [5] Q And some biodegrade over tong periods of time [6] rather than short periods of time? [7] A That's correct. [8] Q When did - do you have any idea when you became [9] aware about bioaccumulation in PCBs that you were [10] testifying about yesterday and today? [Ill A I think in the late '60s. The phenomenon was [12] probably known, but it was not of any particular interest 113] to me up until the '60s. [14] Q Were you aware of Rachel Carson's book about DDT [15] that came out in about 1964? [16] A Yes, I was. [17] Q Were you aware of it at the time it came oiu? [18] A Yes. [19! Q Did that book address bioaccumulation ? [20] A Yes, it did. [21] Q Did you read the book? [22] A Yes.________________________________________________ Page 473 [l! Q In 1964 or thereabouts? [2] A Yes. It did not mention PCBs at all, by the [3] way. [4] Q But it mentioned bioaccumulation by DDT! [51 A Yes. [6] Q Did it mention bioaccumulation by other [7] chemicals? 18] A I don't recall that. DDT was certainly the [9] prominent one. [10] Q Is that the first time you were aware of the | [11] concept? [12] A I probably - I can't answer that. I don't know | [13] the first time it was of great interest to me frankly. [14] Q Did reading that book affect your work at [15] Monsanto? [16] A No. I thought she was a tittle exaggerated in [17] some of her statements. [18] Q So it didn't cause any change in what you did at [19] Monsanto? . [20] A No, it didn't. [21] Q You testified during this deposition about [22] costly additions to capital that Monsanto made for health______ Page 474 [1] purposes; is that correct? Do you recall that testimony? [2] A Yes. It was more than health purposes. I [3] thought it was also for waste disposal purposes. [4] Q Did you make any distinction in your mind [5] between costly additions to capital for health purposes [6] and those for waste disposal purposes? Did you identify [7] any particular capital expenditures you wanted Monsanto to [8] make for health purposes? [9] A Well, that would be mostly in equipment for the [10] dispensaries or building a new dispensary or something of [11] that sort. And the other one would be engineering aspects [12] of the manufacturing facility and the actual cost of waste [13] treatment which could involve treatment plants, could ]14] involve scrubbers, could involve neutralization of wastes. [15] Q With regard to expenditures for health purposes, [16] you've mentioned dispensaries. Were there any others? [17] A It all depends on what you include under it. If [18] you include toxicological studies under that, yes. 119/ Q I'm asking what you included when you testified [20] abotu this the other day? [21] A I believe I included it but I don't believe I [22] put a figure on any of these.________________________________ Page 475 [1] Q Who would -- is there anyone at Monsanto who [2] would have a list of what you called the "costly additions [3] to capital" were for these purposes? [4] A I don't know. That's 18 years ago since I've [5] had any connection with Monsanto in a close relationship. [6] Q Exhibit Kelly V-9 is the letterfrom the [7] Environmental Defense Fund. You don't need to find it to [8] hear this next list of questions. [9] A I know. I know that by heart. [10] Q l cotdd test you, biu I won't. Did Monsanto [11] receive other correspondence from environmental groups? [12] A Yes. We - I don't know what type of the [13] correspondence was, whether it was written, but we [14] received correspondence from the International Association [15] for Research on Cancer, which was highly commendatory of [16] our handling of the PAB situation. [17] Q Did you receive any correspondence from [18] environmeiual groups that was not favorable? [19] A I don't think so. I probably saw pieces in the 120] paper where some environmental activist group disagreed [21] with our thinking on some things, but I don't recall any [22] correspondence to the medical department.__________________ Page 476 [1] Q But you don't know about whether the rest of [2] Monsanto received such correspondence ? [3] A None was ever sent to me by anyone in Monsanto, [4] and I'm sure if they would have been, they would have [5] plucked it over to me if they would have gotten a [6] particular derogatory letter. [7] Q Again, related to the medical department? [8] A I beg your pardon? [9] Q Related to the medicaldepartment? [10] A That's right. [11] MS. SCH1FFER: Dr. Kelly, I have no further [12] questions. [13] THE WITNESS: 1 begyour pardon? [14] MS. SCHIFFER: I have no further questions. [15] THE WITNESS: Fine. [16] MR. BRAY: What's your preference? Dr. Kelly, [17] do you want to break for lunch or continue? Page 470 to Page 476 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063181 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.543II.O XMAXtU) [18] THE WITNESS: It all depends whether - how long [19] we re continuing. [20] MR. BRAY: I'm still at the roughly - ]2ll MR. MC CONNELL: It's up to Jack. [22]_______ MR. BRAY: I'm still roughly at the half hour or Page 477 [1] thereabouts, maybe a little bit more with this questioning [2] today, but I'll be glad to go ahead, see if we can [3] finish. [4] THE WITNESS: What are we doing? [5] MR. BRAY: Go on through and see if we can [6] finish. [7] Your lawyer is going to ask - we're off the 181 record. ]9! MR. MAGGIO: We're off the record at 12:24. [10] (Discussion off the record.) [11] MR. MAGGIO: This is the end of video cassette [12] number 1, volume 3 of the deposition of R. Emmet Kelly. [13] We're off the record at 12:25. [14] (Discussion off the record.) [15] MR. MAGGIO: This is the beginning of video [161 cassette number 2, volume 3 of the deposition of R. Emmet [17] Kelly. [18] We're back on the record at approximately [19] 12:27 p.m. [20] MR. BRAY: For the record, this is John Bray ]21] again, attorney for Monsanto. [22[_______ EXAMINATION____________________________________ Page 478 [1] BY MR. BRAY: [2] Q Dr. Kelly, 1 have a Jew additional questions to [3] ask you after your examination by the several coimsel for [4] the Defendaius. During the course of your examination by [5] Defendants, it was mentioned tlmt you had given a [6] deposition last week. [7] Do you recall that deposition? [8] A Yes, I do. [9] Q Is it correct that tluit deposition was held in [10] Wilmington, Delaware? [11] A Yes, it was. [12] Q And you were interrogated for a period of two [13] days by most of the same defense counsel who are present [14] at the deposition here for the last three days? [15] A That's correct. [16] Q And during the course of that deposition last [17] week, you were asked about a number of the same subject [18] matters that you were inqtdred about or asked about by [19] defense counsel in your deposition on video this week; is [20] that correct? [21] A Yes. ]22]________Q And you were shown many of the same exhibits Page 479 [1] that you were shown by the defense counsel - [2] ' A Yes. " [3] Q - this week. In one of the exhibits that you [4] were shown. Exhibit V-23, it's a March 14th, 1956 [5] single-page memorandum, a memorandum that dealt with the [6] acetylene process at the Texas City plant and in [7] particular, it dealt with a concern about problems with ]8] acetylene soot. Do you remember that memorandum from ]9] Mr. Eckert at Texas City to you? [10] A Yes. ' [11] Q And m that memorandum, Mr. Eckert indicated [12] that the information that was being brought to your [13] attention was not generally known around the plant a/td he [14] said in the memorandum, and 1 quote, "we prefer to keep it [15] this way wttil something definite can be determined." Do [16] you recall that? [17] A Yes, Ido. [18/ Q Do you know what the purpose of that caution [19] was? [20] MR. MC CONNELL: Objection. Foundation. [21] THE WITNESS: Yes. I think there may be two [22] things. I do not know whether Carbide asked Monsanto to Page 480 [I] keep this information confidential and it came from I [2/ Carbide to us. so they told us that - they may have said j [3] look. I'm telling you and we don't want you to broadcast | [4] it. They may have said that - I have no idea. I [5/ The other reason would be - which I think is a [6] more logical one, is well, all we've got is what a couple [7] of their doctors think may be a suspicion. And the [8] consensus in our group was, and certainly in Eckert's 19] mind, let's not go talking about it till we find out more [10] about it. Why should we say look, there's a possibility [11] we may have a problem, but there are - but let's find out ! [12/ if we have a problem or no problem at all. [13] BY MR. BRAY: [14] Q And if and when a problem were to be determined [15] to exist, did Monsanto have a policy with respect to who [16] or what department was to handle the dissentination of [17] accurate information about that problem? [18] MR. MC CONNELL: Object to form. Object to [19] leading. No foundation. [20] THE WITNESS: Yes. It depends on what you're [21] talking about. The medical department had the 122] responsibility of disseminating the material to the___________ Page 481 [11 regulatory people, the health agencies, to the workers, to m the customers. The public relations department, in [31 conjunction with the medical department, would bring [41 information to the lay public and in general, they would [51 be giving it to the reporters. It was there I was [61 interviewed by a reporter. [7] BY MR. BRAY: [8] Q With respect to this acetylene soot problem, you [9] were also shown during your direct examination Exhibits [10] Kelly V-2 and V-3. Do you have those handy? [U1 A Yes, I have them here. Yes, sir. [121 Q And Exhibit V-2, is that a December 8th, 1958 [13] memorandum -- [14] A Yes, sir. [151 Q - from Jack Garrett of Monsanto to Joseph [16] Houghton of Liberty Mutual Insurance Company? [17] A Yes. [18] Q And in that memorandum, Mr. Garrett discusses [19] the acetylene soot problem that was under study at Texas [20] City, does he not? [21] A That's correct. [22] ______ Q So the information about acetylene soot or the Page 482 [1] concern about acetylene soot was communicated to Liberty [2] Mutual Insurance Compatty, tvas it not? [3] MR. MC CONNELL: Object to leading. [4] MR. BRAY: We've been through this before. Let ]5] me finish the question. If Dr. Kelly can pause slightly [6] so that Mr. McConnell can make one of his objections, but [7] without feeling a need to cut off the end of my question, [8] it will work better for both of us. [9] MR. MC CONNELL: That will be fine and I think [10] we talked yesterday, I certainly don't want to interrupt [11] your examination of Dr. Kelly. I need to get my objection [12] on the record - [13] THE WITNESS: I will be slower in answering. [14] MR. MC CONNELL: - before you answer. Thank [15/ you, sir. [16] MR. BRAY: Let me repeat the last one, and [17] subject to the objection. [18] BY MR. BRAY: [19] Q So it's accurate that the information aboia [20] concern abotU acetylene soot kos conveyed by Monsanto to [21] Liberty Mutual Insurance Company, was it not? [22] _______ MR. MC CONNELL: Object to form. Leading. Page 483 ! [1] THE WITNESS: Yes, it was. j [2] BY MR. BRAY: i [3] Q The memorandum refers to a study of the subject ! [4] by "research laboratory people m Texas City." Do you see I [5] that? ] [6] A Yes, I do. j [7] Q War there a Monsanto research laboratory in I [8] Texas City? ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 476 to Page 483 WATER PCB-SD0000063182 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXH4) /9] A Yes, there was. 1101 Q And was it looking into this problem or [111 potential problem? [12] A Yes, it was. [13] Q And in Exhibit V-3, do you have that handy? [14] A Yes, I do. [15] Q It's a January 19th memorandum from M.L Owens [16] of Monsanto to R.J. Schott. Do you see that? [17] A Yes, I do. [18] Q A memorandum in which Mr. Owens recites that he [19] and B.L. Williams talked with Joe Houghton of Liberty [20] Mutual the week of January 4th in an effort to determine [21/ what studies were planned or should be planned relating to [221 this same problem; is that correct?___________________________ Page 484 [1] A Yes, it is. [2] Q And the paragraph that's numbered, there are 131 several numbered paragraphs. Paragraph numbered 2 in the [4/ second line, Mr. Owens says "the definition of 'some' is [5] the hooker in this whole problem " and he goes on to say [6] "Houghton says the presence of benzypyrene -- from his lab [7] work - can be suspected." [8/ A Yes, sir, he says that. [9j Q Were you aware that Mr. Houghton was doing lab [101 work at Liberty Mutual on this problem ? [11] A Well, I don't know. He said any extensive work [12] will without doubt find some 4,3 benzypyrene. I don't [13] know if - according to that, he had already been working [141 in the past, but he must have bad some basis for his [15] statement that he's got no doubt that you're going to find [16] benzpyrene if we look. I don't know if he's looked before [17] this memorandum or not. [18] Q Whether who's looked? [19] A Houghton. [20] Q Houghton. And do you know what tab is being [21] referred to ? [22] _____ A The Liberty Mutual research lab in Boston.________ Page 485 [1] Q Now, you're also - [2] A He goes - he goes, further down he said - I [3] think he has shown it to be present. So he must have been [4] doing some work before, before this letter. First, he [5] says we'll find it and then the next sentence he says I've [6] already found it. [71 Q Are you - Mr. Garrett's name is mentioned on ]8] these two memos. Are you aware of what his participation [9] in this research was? [10] A Yes. I think Mr. Garrett was involved in this [11] right from the beginning, probably before he came to work [12] with us. He had been to Texas City and been in their [13] research department. He said he was familiar with the [14] problem and I don't know what else he had. [15] Q Do you know whether Mr. Garrett disclosed, [16] disseminated or published any information about or [17] pertaining to the study that was being done with the [18] acetylene soot? [19] A I don't know, Mr. Bray. He may have, but I just [20] don't have any recollection of it right now. There have [21] been quite a few memoranda about this soot business, and I [22] don't recall if I've seen any lately.__________________________ Page 486 ' [1! MR. BRAY: Can we go off the record for a [2] second. This may take a moment. . [3] MR. MAGGIO: We're off the record at 12:39 p.m. [4] (Discussion off the record.) [5] (Kelly Exhibit V-37 identified.) [6] MR. MAGGIO: We're back on the record at [7] `approximately 12:43. [8] BY MR. BRAY: [9] Q Dr. Kelly, I'm handing you what's been marked as [10] Kelly Exhibit V-37, a copy of a report entitled "cancer [11] and chemical structure " and ask you if you 're familiar [12/ with that document. [13] A If I'm familiar with it? [14] Q Yes. [15] A Yes, I am. I [16] 2 Is the author? [17] A Jack Garrett. [18] Q And the title of the paper is "cancer and [19] chemical structure, a report, medical department. Monsanto [20] Company. " Do you see that? [21] A That's correct, yes. [22] _______ 2 And at page numbered 10 of that report, there's Page 487 [1] a heading "polynuclear aromatic compounds " down near the [2] bottom of page 10. [3] A Yes, sir, I see it. [4] Q And under that heading over on the next page, [5] page 11, the second fidl paragraph, the one begitis in [6] about the middle of the page - [7] A Yes. [8] Q He's talking, as seen above, by, about [9] polynuclear aromatic compounds, he says "These compounds [10] have exhibited some strange characteristics which [11] influence the seriousness of the hazard associated with [12] handling them. Their ability to tightly adsorb to certain [13] carbon (soot) panicles has undoubtedly limited the [14] carcinogenic hazard in many cases of exposure to the [15] skin." Do yousee that? [16] A Yes, I do. [17] Q Do you know what dissemination or use was made [18] of this repon back at the time it was written? [19] A No, I don't. This is a compilation of work that [20] was in the literature for years. I mean, this is not any [21] of Jack's original toxicological work. I mean, he went [22] through the literature and made an ongoing study of what Page 488 [1] the literature was talking about. I don't know to whom he [2] sent it. Let's see if it shows. I don't know what he did [3] with it. [4] Q Let me go on a little fiirther on page 11. [5] A Yes, sir. [6] Q After the sentence I just read, Mr. Garrett's [7] report also contains the following. It says "in these [8] cases, the carcinogen is so tightly adsorbed that it will [9] not desorb and reabsorb to the human skin. No hazard [10] exists unless the soot is held in uuimate contact with [11] the skin over long periods of time. " [12] Do you see that? [13] A Yes, I do. [14] Q Do you recall whether the studies that were done [15] back at the time the problem was first raised at Texas [16] City resulted in a conclusion that the problem was limited [17] or nonexistent? [18] A That's correct. [19] MR. MC CONNELL: Object to leading. ]20] [21] BY MR. BRAY: Q You were also asked a number of questions aboiu [22] the compound benzene. I believe you were asked questions Page 489 [1] relating to the use of benzene in a closed system in Long [2] Beach, California. Do you recall that? [3] MR. MC CONNELL: Object to leading. [4] . THE WETNESS: Yes, I do. [5] BY MR. BRAY: [6] Q Do you recall that? [7] MR. MC CONNELL: Object.Leading. [8] THE WITNESS: Yes. [9] BY MR. BRAY: [10] Q What do you mean by a "closed system "? [11/ A Where the material is not open to the air, where [12] it's in pipes and kettles and distillation columns during [13] the course of the reactions, in contrast to open systems [14] where there are many - there are areas in which people [15] either dig out the material or exposed in open vessels [16] during the course of the reaction. [17] Q What did you conclude nor the risk of toxic [18] effects on a human being where benzene is present in the [19] same location as the human being but is contained in a [20] closed system? [21] MR. MC CONNELL: Object to form. Object to no [22] foundation.______________________________________________ ___ Page 483 to Page 489 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063183 BSA Deoo of R. Emmet Kellv Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAX/1S. Page 490 [1] THE WITNESS: The only risk is if there's a leak PI or the type of sampling you're taking or at the lime [3]you're unloading the vessel, if you're unloading it into a (41 drum or something else, that there's a possibility for [5]Inhalation there, but by and large, there is no problem. 16] BY MR. BRAY: [7] Q You were also asked questions about die presence fS] of die compound benzene, and I refer to Exhibit [9] kelly V-35. In 1958 - May 29th, 1958 is die dale of Kelly [10/ Exhibit V-35 in which you were asked questions about [11] potential problems from die presence iti unrefined pellets [12] of potyediylene of amounts of 400 to 500 parts per million [13] of benzene where die benzene pellets were about to be put [14] through a molding process. Do you recoil dial? [15] MR. MC CONNELL: Object to form. [16] THE WITNESS: Yes, I do. [17] BY MR. BRAY: [18] Q The memorandum states diat die moldbig process [19] machines operate at 350 degrees centigrade? P0! MR. MC CONNELL: Object to form. Object to pl] leading. ' P2]________THE WTTNESS: Yes. I notice that in one of________ Page 491 [1] these memorandum there's a written in "F." It's P] questionable whether it's centigrade or Fahrenheit, but my [3/ opinion is the same. [41 BY MR. BRAY: [5] Q What would happen to die benzene in dial [6] qiumtiiy in unrefined pellets once diey 're piu through a [7] molding machine at diose temperatures? [8] A It would come out of there. [9] Q Is potyediylene used today iti food packaging? [10] A Yes, it is. [11] Q Is diere any government prohibitions against the [12] use of potyediylene today in food packaging? [13] MR. MC CONNELL: Object. No foundation. [14] THE WITNESS: No, therearen't. [15] BY MR. BRAY: [16] Q You were also asked questions aboiu how promptly [17] Monsanto disclosed or published information about die [18] growing concern and die ultimate confirmation of concern [19] that PABs are a carcuiogen. You also referred in your P0] examination by defense counsel to publications of your PI] own, articles relating to die PAB problem? P2]________A Yes, sir.__________________________________________ Page 492 [1] Q Is that correct? Prior to die publication of PI those articles, what, if any, disclosure of die problem or [3] the suspected problem was made to die workers? [4] MR. MC CONNELL: Object to form. Object to [5] leading. [6] THE WITNESS: 100 percent disclosure because we [7] told them the problem. We told them what we're going to [8] have to do about it. We told them that the procedure to [9] find out something about it was considerably more [10] aggravating and annoying and painful than taking a chest [11] X-ray. So we were 100 percent open in our disclosure to [12] the workers. We were 100 percent open in our disclosure [131 to the state authorities. We were 100 percent open in our [14] disclosure with the insurance carrier. In fact, they came [15] down to the plants - three plants involved - and I went [16] around with them, and we were open and shut with them. In [17] fact, 1 was even interviewed by newspapers and I told them [18] everything. [19] BY MR. BRAY: PO] Q Dr. Kelly, you were also asked a number of PI] questions on die subject of toxicity aboiu a number of P2] compounds diat are used by Monsanto m us maniitacturing Page 493 [1] processes. Let me ask you aboiu a couple of diem. You PJ were asked about die toxicity of hydrogen cyanide gas. [3] Do you remember diat? [4] A Yes, sir. [5] Q And Mr. McConnell asked you whedier it's used in [6] gas chambers? A Yes. Q And whether it's also present in die tars at die PI Texas City platu at some point in die history of the I [10] plaiu? ! Ui] I [12] A Yes. Q Are diose two diings die same form of hydrogen [13] cyanide? [14] MR. MC CONNELL: Object. [15] THE WITNESS: No. In a gas chamber, you're [16] liberating tree hydrogen cyanide gas. In a landfill, it's [17] reacted with God knows what into ail this tars and various [18] chemicals that are in the landfill, so we're not talking [19] about the same thing at all. I P0] BY MR. BRAY: I PU Q And if it were to come to your attention back in I P2[ die 1950s when you were director of die medical director Page 494 in at Monsanto diat an individual was to be exposed to a pi concentrated hydrogen cyanide gas while confined ui a pi small chamber, what would your opinion be as to die [41 toxicity and die risk to diat person of dial land of PI exposure? PI A 100 percent risk. And I would be very - I would [7] give it as high a rate of toxicity in that thing as PI possible. PI Q And if at die same time you were advised of some [10] quantity of hydrogen cyanide in die form in which it [11] became part of die waste material from die Texas City platu being piu in a pit contauiing styrene tars and odier wastes atid contauiing small quantities of hydrogen cyanide [14] in die form it existed at Texas City, what would your [15] opution have been with respect to die toxicity atid die [16] risk to individuals living a half a mile from die landfill [17] in which diat was disposed of? [18] MR. MC CONNELL: Object to form. Object to [19] leading. P0] THE WITNESS: My opinion, there would be no risk PU at all. P2] BY MR. BRAY:_____________________________________ Page 495 [11 Q You were also asked questions aboiu some PI exhibits dial dealt with a material called vinyl chloride PI monomer and a concern about worker exposure in some [41 companies to vinyl chloride monomer. Do you recall diat? PI MR. MC CONNELL: Object to form. [6] THE WITNESS: Yes, I do. m BY MR. BRAY: [8] Q Do you recall what die nature of die exposure PI wtzs to diose workers diat lead to diat concent ? [101 A Yes, I do. [HI Q What war it? [121 A It was involved in the job of cleaning out tbe [131 residue from the kettle where you change vinyl chloride [14] monomer into vinyl chloride polymer. And at the [151 conclusion of that reaction, in some op - in some types of [16] operation, you have a rather gunky solid mass that's hard [17] to remove from the inside lining of the kettle. Some [18] companies had to, because of their process, had to go in [19] with a chisel and a hammer and chisel these globs out. P0] g-l-o-b-s. PU Q Did Monsanto have diat process? P2] ______ A No. We had the process of using it in, what we Page 496 [1] called "solvent cleaning," which we flushed the kettle PI with - I don't know which solvent it was, but it dissolved P] the vinyl chloride monomer or the polymerized vinyl [4] chloride that was adhered to the kettle. P] We had no - we had no tumors in our workers. [6] And at the - I'd say probably billions of compounds of [7] vinyl chloride polymer that were manufactured, there were [8] probably less than 20 tumors. I don't want to minimize PI even one tumor, but it was only in those operations, so I \ [10] don't consider vinyl chloride monomer or polymer a I! [ll] carcinogen in the more or less accepted term. It does [12] cause this one rare tumor in a special operation and in a [131 relatively small amount of the workers. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 490 to Page 496 WATER PCB-SD0000063184 BSA_______________________________________Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXH6) ]14] Q Wlutt was your opinion in the 1960s of the risk [15] of toxicity or tumor from vinyl chloride monomer if ]16] instead of the environment you just described, it was [17] contained as one of many materials in the residual tars [18] that, distilled tars from the Monsanto Texas Gty plant [19] disposed of at a landfill? 120/ MR. MC CONNELL: Object to form. [21] THE WITNESS: I didn't think there was any 122] problem. What it was, the tumors were discovered around Page 497 [1] 1970, '71 or the late '60s. But my opinion was the same. ]2] I didn't think it was any problem. [3] BY MR. BRAY: [4] Q You were asked a tutmber of questions about [5] mercury atul documents relating to acute mercury poisoning [6] from some form of ingestion. Do you recall that? [7] A Yes, I do. [8] MR. MCCONNELL: Object to form. [9] BY MR. BRAY: [10] Q Is mercury toxic in all forms and all exposures? [Ill MR. MC CONNELL: Object to form. Object to [12/ leading. [13] THE WITNESS: No, it is not. [14] BY MR. BRAY: [15] Q What is your opinion in the 1960s of the risk of [16] exposure to mercury if instead of being ingested, the [17] mercury is contained in a distilled tar, a residual [18] process waste from the Texas City plant disposed of in a [19] landfill? [20] MR. MC CONNELL: Object to form. Nofoundation. [21] THE WITNESS: I think there's an enormous [22] difference in the toxicity in those two instances.______________ Page 498 [1] Mercury has to be absorbed by the human body to cause any [2] toxic effect. You have a mercury amalgam, a-m-a-l-g-a-m, [3] in your fillings, you aren't poisoned by mercury. You use [4] mercury as medicinals, it is used as a diuretic, d-i-u - [5] used as a diuretic in medicine. [6] BY MR. BRAY: [7] Q Ingested? [8] A Intravenously, given intravenously. It was used ]91 as Calomel, an old folk remedy in the South, for decades. [10] Q How is that taken - excuse me, how is that [11] taken. Calomel? [12] A Orally, just pills. [13] Q And it contains mercury? [14] A Yes, but if the mercury can be absorbed, it's an [15] extremely bad actor. [16] Q You were asked -- [17] A VVe aren't talkingabout elemental mercury in [18] these landfills as bound with other compounds that they're [19] reacted with, other compounds. [20] Q You were asked about acrylonitrile and shown 121] documems reflecting an instatute when acrylonitrile drunk [22] by a chemist caused death. Do you recall that?_____________ [It A Yes, I do. Page 499 12] MR. MC CONNELL: Object to form. [3] BY MR. BRAY: [4] Q What was your opinion in the 1960s of the risk [5] of exposure, the risk of toxicity if instead of being [6] ingested in the amount tlutt chemist apparently drank, [7] acrylonitrile is contained in tars from the Texas City [8] plant disposed of in a landfill? [9] MR. MC CONNELL: Object to form. No [10] foundation. [11] THE WITNESS: I think there was no comparison [12] -between the two modes of entry and the amount of - and the [13] character of the acrylonitrile. We know that this man [14] absorbed it, obviously. He drank it and they found [15] evidences of the irritation of the esophagus or his gullet [16] to the material. We - the material in the landfill [17] obviously was not supposed to be eaten and any [18] volatilization was cut down by the fact that it wasn't at [19! elevated temperatures and that the material was reacted [20] with the various other host of compounds that were present [21] in the landfill. [22]________ BY MR. BRAY:____________________________________ Page 500 [1] Q You were asked questions about styrene monomer. [2] particularly in Kelly Exhibit V-26, a reference to a [3] lethal dose for rats if they were to drink it. I ask you [4] the same question. If styrene monomer, instead of being [5] drunk, were contained in tars at the Texas Gty plant and [6] disposed of in pits in the 1960s, what would your opinion [7] lutve been as to the risk of exposure and toxicity from [8] styrene monomer in that form? [9] MR. MC CONNELL: Object to form. Foundation. [10] THE WITNESS: I think there was very little [11] risk. Practically as close to zero as you could get [12] because first of all, the material was not volatilizing [13] out of there and it was also being reacted with other [14] compounds before and after it got into the pit. Then [15] there were no workers around, walking around in the pit. [16] BY MR. BRAY: [17] Q You were also asked a number of questions about [18] PCBs and one of which pertained to potential sales of [19] nutterial called Pydraul to North American Aviation. [20] Pydraul being identified as a material that contains [21] PCBs. [22] _______A Yes, sir. Yes, sir.________________________________ Page 501 [1] Q Do you know whether the particular use involved [21 in the sale of Pydraul in that occasion is in a closed [3] system? [4] MR. MC CONNELL: Object to form. Foundation. [5] THE WITNESS: Well, that's the use ofit. It's ]6] a hydraulic fluid. You've got to have it inside a pipe, [7] like your brake fluid is a hydraulic fluid. That's [8] closed. Otherwise, you'd end up with no fluid. [9] BY MR. BRAY: [10] Q And the concern as expressed in the memorandum [11] you were shown had to do with people becoming nauseous if [12] they breathed it. Do you recall that? [13] MR. MC CONNELL: Object to form. Leading. No [14] foundation. 115] THE WITNESS: I recall that. I'm not 100 [16] percent familiar with that particular statement but what [17] was it again? [18] BY MR. BRAY: [19] Q Nauseous. P0] A Wdl, they could be. PI] Q From breathing it? [221________A If you get enough of a hot enough - hot enough Page 502 [1] temperature. p] Q In a dosed system, is breathing a large amotou [3] of Pydraul or Pydraul fanes likely? [4] MR. MC CONNELL: Object to form. No foundation. [5] THE WITNESS: There is no opportunity for [6] breathing something because now, again, we're talking [7] about if, say, a heat transfer unit, there isn't - there ]8] isn't supposed to be any openings at all. In hydraulic [9] fluid, you are using a pump here to push a ram here, and [10] there is, at times, loss of fluid around the extrusion [11] part of the ram so there may be some exposure in that [12] spot. [13] BY MR. BRAY: [14] Q You were also asked questions about lolttene atul [15] the relative toxicity of toluene? [16] A Yes. [177 Q Is toluene a material used only by Monsaiuo? [IS] A Oh, no. It's used, mfllinns of pounds, by every [19] chemical-company in the United States and a host of other P0] companies also, j PU Q Is it still used today? I p2j________A Sure._____________________________________________ I Page 503 \ [1] Q You were also asked some questions abota j p] dioxin. Is dioxin a product manufactured and sold by | [3] Monsanto? I [4] A Only inadvertently. I mean, it's not a product Page 496 to Page 503 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063185 3SA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 XMAXtl 7, [5] of commerce. It is a contaminant in certain operations ]6] where you hare chlorine, nitrogen and oxygen, you could [7] have it formed in parts per billion, small amount, 5, 10 fS] parts per million. [9] Q You described in your testimony some research [10] done on the potential ingredients in a product called [III material called 2,4,5-T that might be the cause of some [12] chloracne. Do you recall that? [13] A Yes. [14] Q War Monsanto the only company participating in /15] that research? [16] A Wait a minute. Now, what research are we [17] talking about now? [15] Q The research on chloracne from 2.4,5-T. [191 A Well, we were the only ones participating in ]20] this study of our own employees in our Nhro explosion. [21] But other companies had done a lot of toxicological work. 1221 Badische over in Germany had - in fact, they had an_______ Page 504 [1] explosion. Dow had done a lot of work on it. Hercules [2] had done some work on it. There were about seven or right [3] large manufacturers of 2,4,5-T, and all of them had done [4] some work or chipped in on some studies on 2,4,5-T. [5] Q Does this particularcontaminant, dioxin, occur [6] in the processes of other companies other than Monsaiuo? [7] A Yes. [8] Q You were also asked questions about a place [9] coiled Times Beach, Missouri, and evacuation and potential [10] resettletnetu in Times Beach. What is the relationship of [11] Monsanto to Times Beach? [12] A None. We're in the same state, that's the [13] only -- I think we ought to explain what Times Beach was [14] for people who don't know it. [15] Q Would you, please. [16] A Times Beach is a small villageabout 30 miles [17] outside of St. Louis. There was a company that had dioxin [18] as a contaminant to - I don't know which particular [19] compound they were making. I thought it wasn't a [20] herbicide. I thought it was an insecticide or something [21] of that sort. And they sold the spent material, the oil, [22] to a waste disposal person, who had set up putting it in Page 505 [1] an approved landfill, who was engaged by the city of Times [2] Beach to spray it on their roads. And he also sprayed it [3] on a horse arena and the material adsorbed to the dust and ]4! the horse arena. And if you're familiar with horses, if [5] they're running around on a dusty ground, they kick up a ]6] lot of dust and they'd inhaled a lot. [7] So the dust was contaminated with the oil, and [8] it had some dioxin in it, so these horses up and died. [9] There were about 10, 15 horses. So the EPA came into the [10] picture, and they investigated. There were no connection [III with any human illnesses. There may have been some [12] disputes about that, but nothing was decided that there [13] was. But somehow or another, the EPA decided, well, this [14] is unsafe for humans to live in, even though there was no [15] evidence that there was and no evidence that they showed. [16] So they said well, what are you going to do? They said, [17] well, going to tear the place down. [IS] So they bulldozed the town down and paid off the [!9] residents and the EPA spent about $300 million tearing 120] the - dismantling the town and moving the people out. And [21] then about a year later they said, gee, maybe we were a [22] tittle hasty on this. We don't believe the dioxin - in_________ Page 506 [1] our present thinking, would be necessary to tear the ]21 house - the town down if we started today. Well, there [3] was considerable difference of thoughts at the EPA, but at [4] any rate, that's the situation, none of which had any [5] connection with Monsanto, outside of the fact that they 16] were both in Missouri. [7] Q You were asked a tuonber of questions relating to [8] the basis for your conclusions about the adequacy of waste [9] disposal and environmental activity by Monsanto. I warn /10] to refer you to Exhibit Kelly V-4, which is a March 1st, [11] 1971 letter from Fred Manuele from Marsh & McLennan to ; [12] Robert Chapman of Monsanto discussing, among other I [13] subjects, loss prevention work to be done by Travelers and ! [14] Marsh & McLennan. Do you see that? ! [15] A Yes. I do. i [16] Q Now that -- the top of page 2 - you see down in i [17] paragraph 7, down in the numbered paragraphs, paragraph 7 [18] toward the bottom? | [19] A Yes. I do. i [20] Q It says "extensive discussions took place [21] concerting air and water pollution.' Mr. Weaver indicated [22] that very thorough audits ofpollution potential are to be______ Page 507 [11 made at operating locations, commencing in about one [2] month." Do you see that? [3] A Yes, I do. [4] Q And I will also refer you to Exhibit V-5, a PI "specialist team survey for Monsanto Company at the J.F. PI Qtieeny Plant. " PI A Yes, sir. PI Q Do you see that? And on the fourth page in, the m one that's got the heading at the top "introduction, " the [10] fourth page in? [111 A Which one are you talking about, 4 or 5 now? [121 Q 5. The fourth page into the exhibit. [131 A Yes, sir. [14] Q Could you read the dates on which that survey is (151 said to have occurred up in the first line? [16] A What page are we on? [17] Q The page that's headed "iiuroduction." It's [18/ about the fourth page uuo the exhibit, first page with [19] real text. [20] A Okay. May the 24th to 28, 1971. [21] Q So within the time period that was described by [221 Mr. Manuele for these pollution audits, is it correct that_______ Page 508 [1] Travelers engineering specialists showed up at the [2] Monsanto Qtieeny Plant in St. Louis? [3] MR. MC CONNELL: Object to form. Leading. [4] THE WITNESS: According to this report, yes. [5] BY MR. BRAY: [6] Q And on page 18 of that report, would you read 177 the subjects their report covered on page 18. [8] A Yes, sir. What am I reading? \ [9] Q On page 18, just tlu; headbigs of the subjects | [10] they covered as reflected on pages 18 and 19, the first i [II] subject? | [12] MR. MC CONNELL: Obiect to form. I [13] [14] [15] [16] [17] [18] j [19] THE WITNESS: Yes. BY MR. BRAY: Q The first heading ? A "Public exposure." Q And the second heading? MR. MC CONNELL: Same objection, THE WITNESS: "Pollution." [20] BY MR. BRAY: [21] Q Third heading? [22] _______A "Air pollution."______________________________________ Page 509 J| [1] [2] MR. MC CONNELL: Same objection. BY MR. BRAY: I [3] j [4] Q Fourth heading? A "Water pollution." j [5] I [6] MR. MC CONNELL: Same objection. BY MR. BRAY: | [7] Q And on page 19, the heading? i [8] A "Landfill areas." [9] BY MR. BRAY: ' [10] Q You were also shown Exhibit Kelly V-12. The [11] heading on that is `engmeermg service instructions. " [12] A Yes, sir. [13] Q And Mr. McConnell m lus questions to you about i [14] this document was suggesting or at least the predicate for I [15] the questions seemed to be asldng you whether this was a 1 [16] Monsanto document? . [17] MR. MC CONNELL: Object to form. I [18] Mischaracterizes. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 503 to Page 509 WATER PCB-SD0000063186 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAX118) [19] BY MR. BRAY: [20] Q Do you see that? [21/ A Yes, I do. [22]________Q Does that look like a Monsanto memorandum to Page 510 [!] you? [2] MR. MC CONNELL: Object to form. ]3] THE WITNESS: No, sir, it does not. [4/ BY MR. BRAY: PI Q He referred you to page 3 of that document. ]6j A Yes, sir. [7] Q Up at the top under the words - the two headings PI up there, "reports" and a subheaditig "initial survey. " Do [9] you see that? [101 A Yes. [Ill Q Where the document reads,paragraph number 2, [12J "do not develop pollution information at locations. " [13] Would you read the rest of what paragraph 2 says. [14] A "It will be obtained from Monsanto corporate [15] headquarters and evaluated by the chemical unit home [16] office. Any obvious or new pollution problems should be [17] commented on in reports." [18] Q The word where it says any obvious or? [19! A Do - 1201 Q - looks like the word "known" -- or "know" or [21] "known"; perhaps a misprint? [22] _____ MR. MC CONNELL: Object to form.________________ Page 511 [1] THE WITNESS: Well, 1 don't know what it means, [2] "known" or "knew." I don't know what - [3] BY MR. BRAY: ]4] Q Spelled k-n-o-w in this memorandum ? PI MR. MC CONNELL: Object to form: [6] THE WITNESS: 1 don't know what it could be. [71 The K could be thrown in there. It could be n-e-w. [81 BY MR. BRAY: 191 Q And it says that pollution problems should be [10] commented on in reports? [11] A That's correct. [12] [131 MR. MC CONNELL: Objection. BY MR. BRAY: [14] Q Do you recall such comments in the Travelers [15] reports that you received when you were medical director [16] after Travelers made inspections of Monsanto plants? [17] A Yes, but I can't recall them now. [18] Q There's a reference here to an evaluation by [19] "Chemical Unit, home office. " Do you know what company 120] that is referring to? [21] MR. MC CONNELL: Object to form. No foundation. [22] _____ THE WITNESS: Well, we never - it must be_________ Page 512 [1] Liberty Mutual - or Travelers, I mean, because we never [2] referred to our office as a home office. We never had a [3] chemical unit in our headquarters. [4] BY MR. BRAY: [5] Q You were asked a number of questions about your [6] opinion or belief while you were medical director at [7] Monsanto that the manner of handling and disposing of [8] wastes, including hazardous wastes at Monsanto plants was [9] a safe procedure. What, if any, role did the btspections [10] by Travelers during the period it was Monsanto's insurer [ill have on your belief? [121 MR. MC CONNELL: Object to form. No [13[ foundation. [14] THE WITNESS: I think it reendorsed it, because [15] I never recall anything that Travelers told me about the [16] fact that our waste disposal activities were inadequate or [17] not up to the state-of-the-art in waste disposal. [18] BY MR. BRAY: [19] Q With respect to the same subject, what, if any, [20] effect did the inspections and reports by Liberty Mutual, [21] that you referred to of Monsanto plants, have on your [22] belief?______________________________________________________ Page 513 [11 MR. MC CONNELL: Object to form. No foundation. [2] THE WITNESS: That reendorsed it also. They [3] were helpful reports. I think both organizations were [4] helptul reports, but they never said look, you're going at i P] this the wrong way or anything like that. Let's do it [6] some other way. I [7] BY MR. BRAY: | [8] Q You were asked a number cf questions about the i [9] source of your information and knowledge about such [10] phenomenon as the biological degradation of materials when [11] they're in the ground. . [12] A Yes. [13] Q Again, would you describe what this biological [14] degradation, as you understood it, consists of? [15] MR. MC CONNELL: Object to form. Vague. No [16] foundation. [17] THE WITNESS: Yes. Biological degradation means [18] the action on a particular product by the bacteria and the [19] fungi or whatever else is in the area, in the ecosystem [20] around this, whether it's at the bottom of a lake or [21] whether it's at the bottom of a landfill or in plain old [22] earth outside any place where that action is due to these Page 514 [1] particular organisms in the earth. It also is dependent [2] upon what other chemicals are there, the action of [3] sunlight, the action of various other compounds that are [4] in close contact with the compound that's going to be [5] biodegraded. [6] That's a concept that has come on rather [7] strongly in the last 20, 30 years because previously a lot [8] of compounds - like PCBs, we thought if it went into a [9] body of water and stayed at the bottom like a lump of coal [10] or piece of gravel and was not biodegradable. But we [11] found out afterwards that certain organisms could [12] ingestion the material and biodegrade it, but it took a [13] long time. [14] BY MR. BRAY: [15] Q Is this phenomenon asubject of study in [16] biology? [17] A Yes, it is. [18] Q So it's not restrictedto geology? [19] A No. [20] Q You were asked questions concerning the source PI] f yur belief of bio - of biological degradation and [22] asked whether Mr. Garrett war a source, was he?___________ Page 515 [1] MR. MC CONNELL: Object to form. [2] THE WITNESS: Yes, he was. [3] BY MR. BRAY: [4] Q Were there other sources? [5] A Yes. There were also government publications [6] about biodegradation. [7] Q You were also asked questions about your - the [8] basis for your belief that the dilution effect of large [9] bodies of water, such as rivers, when materials are added ! [10] to the rivers by effluents and otherwise, was thru the j [11] dilution rendered the materials less harmfitl or harmless. | [12] ( [13] MR. MC CONNELL: Object to form and leading. BY MR. BRAY: ; [14] j [15] Q Do you recall then questioning? MR. MC CONNELL: Object to form and leading. I [16] j [17] THE WITNESS: Yes, I recall it. BY MR. BRAY: I [18] Q And would you describe what the basis of your \ [19] beliefs was and what the source of your information about [20] that phenomenon was? [21] MR. MC CONNELL: Object to form. No foundation. [22] ______ THE WITNESS: Well, it was literature on air_______ Page 516 | [1] pollution.- It was literature on water pollution. It was I [2] common knowledge about how to handle some pollutants. It [3] was a very - at first, people thought by increasing the [4] stacks up in the air, you would spread the effluent over a j PJ wider cubic footage or cubic mileage than having it j [6] lowered into the ground so that the toxic effect, if any, j [7] would be minimized. That was used for quite a few years j PI and then they decided well, that's not good enough. We j [9] want it clean every place. And it was also common Page 509 to Page 516 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063187 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXil9t no/ knowledge and common practice to use it as carriers tor fill materials that were waste disposal -- that were waste fl2! issues. fill For example, I mean, in the city of St. Louis [14] has primary treatment for its solid wastes and that just [15J means you collect the solid wastes. You don't do any [16] secondary treatment or biological treatment. They're [171 still using dilution for their waste disposal. [18/ Eventually, they'll get around to secondary treatment, but [191 they aren't doing it at present. [20/ BY MR. BRAY: PH Q And you were asked a number of questions with P2I respect to the management and reporting structure as_______ Page 517 111 between the medical department and the executive committee PI of the board and the plants with respect to environmental PI and health matters. Do you recall that? PI A Yes. PI Q Was it part of the duties of the medical [61 department to keep themselves apprised of the policies and m the directives of the executive committee of the board 181 with respect to environmental policy? [91 A Yes. it was. [101 Q And did you do that during your career as HU medical director? [121 A Yes, I did. [HI Q Was it part of the duties of the medical [141 department to try to implement those policies attd [15] directives with respect to direct deaUngs widi the plant [161 through industrial hygienists? [17] MR. MC CONNELL: Object to leading. [181 THE WITNESS: Well, it was - when you say [19/ "implemented." our position was we were to look at them, pot at what the plant was doing, not on a day-by-day basis, PH not on a police action for what are you doing with this on P2I this particular time, blit to see that they were following______ Page 518 HI up the tact that the executive committee wanted all waste PI disposal to be carried out in as sufficient manner as PI possible. PI So in that sense, we were observing their PI actions that did not fall into my personal duties. It was PI more Garrett and Wheeler. They talked more about the [71 pollution activities when they went to a plant, certainly, [81 than I did. PI BY MR. BRAY: [101 Q Was it part of the duties of the medical HU department, to in, turn keep the executive committee and [121 the board of directors apprised of whether or not Monsanto PH was in comptiatice with good practice in the area of [14] environment? [151 MR. MC CONNELL: Object to form. Leading. No [161 foundation. [IT] THE WITNESS: Well, we kept them informed, if we [181 thought they weren't. I mean, we didn't go back and say [191 the Queeny Plant is doing a fine job on pollution P01 control. But if we said there's some things in the Queeny PH Plant that they're doing wrong, that was the way we'd P21 report it. And sometimes we would not have - we would go Page 519 PI directly to the executive committee. The vice president PI in charge of manufacturing was on the executive committee, PI but we would see him alone rather than ask for a PI foil-blown meeting of the executive committee, put PI something on their agenda. I'd call John Eck, who was the PI vice president of manufacturing, and say look, we've got 17] this problem. Here's something we want to talk to you [SI about as far as pollution is concerned. 191 BY MR. BRAY: [101 Q The various discussions that you've referred to PH during the course of your testimony, discussions between [12] you and Mr. Garrett with respect to his activities in PH implementing policy regarding waste disposal, were those [141 discussions done in the course ofyour work as the medical PH department interfacing with the executive committee of the [16] boara of directors on those subjects? I [17] ! [18] I [191 I 120] MR. MC CONNELL: Object to form. THE WITNESS: Not really the board of directors. MR. MC CONNELL: Leading. No foundation. THE WITNESS: Not really the board of [21] directors. I think I only talked to the board of [22] directors on two occasions. And that was to bring them up_____ Page 520 [1] to what problems we had. but to the executive committee 171 which - most of whom are on the board of directors, we did [3j that and we also, as I said, we talked to individual [4] members of the executive committee, although not the [5] foil-blown committee. [6] BY MR. BRAY: i [7] Q You were asked a couple of questions relating to ! [8] an article that Jack Garrett had written, ana it's Kelly [9] Exhibit V-26 - no, excuse me. I'm looking at the wrong [10] article. V - [11] You were asked a couple of questions relating to [12] an article written by Jack Garrett, which was Kelly [13] Exhibit V-37. Let's go back and start over on this. [14] MS. SCHIFFER: It's29. [15] MR. BRAY: I'm looking at too many numbers. [16] What number is it? 29?Thank you. [17] BY MR. BRAY: " [18] [19] [20] [21] [22] Q You were asked a couple of questions about an article written by Jack Garrett in July of 1959. A What's the number of the article? Q It's Kelly Exhibit V-29. It's ui the July 1959 issue of Sewage and Industrial Wastes. Page 521 [1] A Yes, sir, I have it. [2] Q Atid you were asked a number of questions about [3] page 844, the article at which Mr. Garrett made [4] observations about landfills. Do you remember duu? [5] MR. MC CONNELL: Object to form. [6] THE WITNESS: Yes. [7] BY MR. BRAY: [8] Q And he made observations about being carefid [9] about where you put material? [10] MR. MC CONNELL: Object to form. [Ill BY MR. BRAY: [12] Q Is that correct, on page 844? [13] MR. MC CONNELL: Object to form. [14] Mischaracterizes. [15] THE WITNESS: Yes. [16] BY MR. BRAY: 117] Q And in a paragraph that is in the left column [18] just above the headuig that appears low in the left [19] paragraph, the paragraph that begins "in some areas. " 1201 A Yes. [21] Q Do you find that ? [22] A Yes, sir. Page 522 [1] Q Several lutes down he cautions agautst strip [2] mine overburden, putting dnmts in strip mines. Do you see [3] that? [4] A Yes. [5] Q Do you recall whether Monsanto disposed of waste [6] in strip mutes? [7] A Not that I know. As far as strip mines is [8] concerned they put some machinery from the PAB department [9] in deep mines, I mean, in Illinois mines, but they weren't [10] strip mines. They were - I don't know what you call [11] them. They were regular, old-fashioned mine. [12] Q At Texas City, are you aware of any disposal of [13] tars in strip mines? [14] MR. MC CONNELL: Object to form. No foundation. [15] THE WITNESS: No, because there's a big i [16] difference between strip mines. I've seen strip mines. [17] They just dig the place up and it's a very irregular [18] bottom and there's no comparison between that and the kind [19] of bottom that we're talking about of the Brio site, I [20] guess, and all the others at North 20 and South 80, [21] et cetera. [22[BY MR. BRAY: Page 523 ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 516 to Page 523 WATER PCB-SD0000063188 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 XMAXCO) [II Q And at the time Mr. Garrett published this 12] particular article and you indicated you read it, what (SI effect did his display of knowledge about these subjects [4] in this article have on your beliefs as to the safety or PI the correctness of the practices being employed at Texas [6] City? (7] MR. MC CONNELL: Object to form. Leading. No fS] foundation. [9] THE WTTNESS: I think it corroborated by f101 thinking that we were doing a good job in the disposal - [III they were doing a good job in the disposal activities. (121 BY MR. BRAY: [IS] Q You were asked whether you had read Rachel [14j Carson's book attd indicated it focused heavily on DDT. Do [15] you recall that? [16] A Yes. [17] Q Did Monsanto make DDT? [181 A They made it for a few years in the early days. [191 Q And at the time of the publication of her book, [20] did Monsanto make it then? [21] A I don't recall. I can't be sure one way or the [22] other.______________________________________________________ Page 524 [H Q You were asked some questions about relative [2] dosage tolerable to animals and you testified a bit about [5] saccharine, caul I believe about animal studies. Do you [4] recall that? [51 A Yes. [6] MR. MC CONNELL: Object to form. [7] BY MR. BRAY: [8] Q Would you describe what theanimal studies on [9] saccharine were and what they showed? ' [10] A They fed rats 5 percent of their diet. In other [111 words, every time these rats took a spoonful or whatever [12] it was, rat shower or anything else, 5 percent of that was [IS] saccharine, which, of course an enormous dose, so they [14] developed some bladder tumors. And after quite a lot of [15] discussion between toxicologists, they said this is [16] completely unrealistic. You've got so much saccharine in [17] the diet and it's crystahzing in the bladder itself and [18] that's what's causing the tumors. And so for a while, the [19] FDA was hesitant about allowing saccharine to be kept on (20/ being used but they changed their mind and it's stiD [21] marketed. We haven't made it for 20 years. [22] _____ Q You also mentioned that there are carcinogens in_____ Page 525 [II food. [2] A Yes. [5] Q What foods, for example? [4] A Well, there's carcinogens in barbecued steak. [5] There are carcinogens in peanut butter. There are [6] carcinogens in some vegetables, in cabbage. It's pretty [7] widespread. Now, these aren't obviously toxic levels [8] because you can eat all the cabbage you want and if you [9] won't get a gallbladder attack, you won't get poisoned. [10] Q The fact that there is a carcinogen in that food [11] is not amatter of concern? [12] A No. [IS] Q You also mentioned that when Monsanto stopped 114] manufacturing PABs, it received some communication from a [15] cancer organization, a scientific organization? [16] A Yes. [17] Q What was the form of that communication? [18] A I don't know - I don't know whether it was a [19] telephone communication or a letter, but the information I [20] obtained was that they were rather positive about our - [21] more or less praising our operation and getting out of the [22] PAB business and the way we handled it. As soon as we Page 526 [1] found out that it couldn't be controlled in a work [2] environment, we said we'D stop making the product, even [5] though other companies - well, they still are, I think, in [4] eastern Europe making the product, but other companies in P] the United States were making a similar - not PAB but very [6] closely related - very closely related to antioxidant for [7] rubber and they were still manufacturing it for at least a [8] year after we got out. ]V] MR. BRAY: Thank you. Dr. Kelly. I have no [10] further questions. [11] MS. SCHIFFER: Mr. Bray, I have - [12] MR. MC CONNELL: I'm going to have just a little [13] bit of follow-up. [14] MS. SCHIFFER: I am. too. [15] MR. FLORIG: I am. too. [16] THE WTTNESS: Well, one at a time. . [17] MR. BRAY: What's your pleasure? Do you want -- [18] THEWITNESS: Sure, let's get it over with. [19] MR. BRAY: Is it short enough you want to keep [20] going or do you want to break for lunch. [21] THE WTTNESS: No, let's get it over with. [22]_______MS. SCHftThK: I'm happy to keep going.__________ Page 527 [1] MR. MC CONNELL: I can go right now, if you'd [2] like. And if it's okay with vou. Dr. Kelly, I'll just [5] stay right here. [4] THE WTTNESS: Sure. Let's go. [51 MR. BRAY: If it's okay with you, I'll stay [6] right here, then. [7] MR. MC CONNELL: It's okay with me. [8] EXAMINATION [9] BY MR. MC CONNELL: [10] Q Dr. Kelly, Mr. Bray showed you an article that [11] Mr. Garrett wrote that had to do with cancer and chemical [12] structure? [13] A Yes, sir. [14] Q And you remember Mr. Bray talked with you aboiu [15] a section in that report called "Polynuclear aromatic [16] hydrocarbons"? [17] A That's correct. [18] Q Is 3,4-benzypyrene a polynuclear aromatic [19] compound? [20] A Yes, it is. [21] Q That's the chemical that Mr. Houghton found ui [22] the acetylene soot at Texas City?___________________________ Page 528 [1] A I think it is. I don't know if it was that or [2] dibenzoanthracaie. [3] Q Just to make sure. Dr. Kelly, could we look at [4] Kelly V-3. Do you have that handy? 1 believe Mr. Bray [5] talked aboiu that document with you as well. [6] A Yes, sir. He talked about - [71 Q If you look at paragraph 2 of that, Dr. Kelly, [8] Mr. Owens says "Any extensive analytical work on [9] Department 18 soot will, without doubt in my mind find [10] some 3,4-benzypyrene. " And then later in that paragraph [11] he says "Houghton says the presence of benzpyrene - from [12] his lab work - can be suspected. I think he has shown it [13] is present." [14] So we were talking aboiu 3,4-benzypyrene in the [15] acetylene soot? [16] A Yes, sir. He didn't find dibenzanthracene; [17] that's correct. It was only 3,4-benzypyrene. [18] Q And ifyou look at paragraph 1, the memo says [19] "Those found fairly conclusively in the work of references [20] 4 and 5 (Tebbens) included 3, 4-benzypyrene and 1, 2, 5, [21] 6-dibenzanthracene " - [22] A Yes.______________________________________________ Page 529 [1] Q - "which are known to be carcinogenic"? [2] A Yes. [3] Q This is Mr. Owens' memo from January19, 1959? [4] A That's correct. [5] Q So at that time it was known that [6] 3,4-benzypyrene was carcinogenic? [7] A Yes, it was known. ^ [8] Q Do you remember, we lookedat a mepiothat you [9] wrote. Dr. Kelly, and just to save time, I won't pull it [10] out. But do you remember that you knew through the [11] grapevine back in the 1950s that the workers at the Texas [12] City platu were blowing acetylene soot otu of their noses? [13] A That's correct. That was a grapevine report. I [14] did not have that corroborated by our nurses down there. Page 523 to Page 529 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063189 BSA Depo of R. Enunet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XM.C021) 115/ Q l understand. I'd like you to look at the [16] document that Mr. Bray showed you, the Garrett article [171 that he's marked as Kelly V-37. Do you have that, sir? [181 A I can find it. Yes, here it is. [191 Q I'd like to direct your attention to a few parts [201 that Mr. Bray didn 't cover when he talked about this [211 document. Would you turn to page 10, Dr. Kelly. [221 _______ A Yes, sir.______ ___________________________________ Page 530 in 2 The section called "Polynuclear Aromatic [21 Compounds " begins at page 10? PI A Yes. HI Q And 3,4-benzypyrene, the material t)\at was found PI in the acetylene soot at Texas City, is a polynuclear [61 aromatic compound? [7] A Yes, it is. [SI Q The first sentence in this section says "This M group of compounds has been studied ever since coal tar [10/ cancer iwts described more than a century ago." [HI [12] [121 [141 A Yes. Q Is that something you knew in 1963 when Mr. Garrett wrote this report? A No, it was not new to me. [15] Q It was not - you already knew that? [161 A Yes. [171 Q Let me direct your attention now to page 11. [181 Mr. Garrett writes on page 11 "Human experience with [19/ compounds of this type has shown that in certain [201 circumstances they are iutman carcinogens. " PH A Yes, sir. ]_122 _______Q You knew that in 1963 when Mr, Garrett wrote Page 531 PI this report? PI A Yes, sir. PI 2 And you knew that even before 1963? HI A He is talking about things that happened in the PI 1700s and the 18th century in which chimney sweeps, [61 especially in England, went up and down through the [7] chimneys digging out the tars out of the fireplaces' PI chimneys and they came out with a high incidence of [91 scrotal cancer and they came out with a high amount of [101 contamination on their clothes. They certainly were not PH the type that you see portrayed in the chimney sweeps ads [121 today about a man with a top hat and tails. These people [13/ who were climbing out of this chimney came out looking [141 pretty filthy. [151 Q And you were getting ahead of me, but I'd like [161 to direct your attention to the very next sentence in this [171 report where Mr. Garrett says "The scrotal cancers in [181 chimney sweeps in Europe as well as the coal tar cancers, [191 were nlniousty caused by potynuclear aromatics absorbed on POI chinu\ey soot and contamed in coal tars. " [211 A Yes, sir. 1221 ______ Q That was sometlung you and Mr. Garrett knew in Page 532 PI 1963? PI A Yes. PI Q And even before that? HI A Yes, sir. PI Q Now, Mr. Bray read you part of the next 161 paragraph and I'd like to direct your attention, [71 Dr. Kelly, to the part that Mr. Bray didn't read. PI A Let's read the whole thing in. [91 Q All right. It starts out "These compomtds have [101 exhibited some strange characteristics which uifluence the PH seriousness of the hazard associated with handling them. [121 Their ability to tightly adsorb to certain carbon (soot) [131 particles has undoubtedly limited the carcinogenic hazard [14] in many' cases of exposure to the skin. In these cases, [151 the carcinogen is so ttghtty adsorbed that it will not [161 desorb and readsorb to the human skin." [171 That s uie part that Mr. Bray read: right? [181 A Yes. [191 2 It goes on, though, and this is the part pot Mr. Bray didn't read. PH MR. BRAY: Objection. : [22/_______ BY MR. MC CONNELL:___________________________ Page 533 I HI Q "No hazard exists unless the soot is held in [21 ultimate contact with the skin over long periods of time. [31 On the other hand, this is not true in the case of dust HI exposure where inhalation of the carbon panicle as well [51 as the adsorbed carcinogen will place the carcinogen in [61 contact with the lung tissue and remain in contact for [71 long periods of time." i [81 That's what Mr. Garrett says in his repon: is [91 that right, sir? [101 A That's what he said in this report, yes, sir. [111 Q And you knew that in 1963? [12/ A Yes, I did. [13] Q And you knew that if the carcinogen remained in [14] contact with the lung tissue, there would be a risk of [151 lung cancer? [161 A Yes, there's a risk. [17] Q And you knew, at least through the grapevine, [181 that the acetylene workers at Texas City were blowing the [19] soot out of their noses? [20] A Wait just a moment. I think we skipped a [211 particular - first of all, we got to be sure that this [22] soot really had carcinogens in it. 1 mean, the second - Page 534 [1] the soot could desorb what carcinogen might be there. So 12/ I don't see Jack's evidence that says "this is not true in [3] the case of dust exposure where inhalation of the carbon [4] particle as well as the adsorbed carcinogen will place the [5] carcinogen in contact with the hmg tissue and remain in [6] contact for long periods of time." Because what generally [7] happens when something goes in the lung, it has protective [8] coatings put on by the natural defenses of the body. Just [9] because the person inhales a small bit of soot does not [10] mean he's going to get the carcinogen in contact all this [11] time, just like smoking cigarettes for a week will not [12] doom you to a hmg cancer. [13] Q That wasn't my question, Dr. Kelly. [14] A What was your question? [15] Q My question to you, sir, was whether you knew [16] through the grapevine back in the 1950s if the acetylene [17] workers at Texas City were blowmg soot out of their [18] noses? [19] A Yes, some were, yes. But as I said also, that 120] was the grapevine but that was not corroborated by my [21] talks either to the doctors or to the nurses at that [22] installation.________________________________________________ Page 535 [11 Q You wrote that m your memo to the plant [21 manager. We can pull it out and look at it. Dr. Kelly. [31 A What? HI Q We can pull it out and look at it. if you like. A Do I have - yes, if you got it there. Q Let's look at Kelly V-24. Dr. Kelly. Can you [7] find that one, sir? [81 A Yes, 1 do. [91 Q This is your memo to Mr. Eckert dated March 20, [101 1956? HU A Yes, it is. [121 2 And in the fourth paragraph - ne went over this [131 the other day - I'm sorry, it's in paragraph 3, you wrote [141 "I understand, however, from the grapevine that the men [15] state they blow soot out of their noses after working [16] around the filters. If this is true, I believe a dust [171 respirator should also be mandatory." [181 A Yes, sir. [191 2 Is that correct, sir? [201 A Yes. ! PH 2 Let's go back to the document we Ye marked as ' [221 Kelly V-37, Dr. Kelly, and I'll just draw vour attention_______ Page 536 [I] to one more part of Mr. Garrett s article. ! [21 A Yes, sir. [3] 2 He goes on, on page 12, to say `Care must be I [4] taken where these carbon parades are in contact with j [5] organic solvents, tncluduig utbricatmg oils and greases ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 529 to Page 536 WATER PCB-SD0000063190 BSA Depo of R. Emmet Killy Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXC2) [6] that these solvents do not dissolve the carcinogen off the [7] soot. This, of course, could result in the solvent [8] solution becoming a carcinogenic hazard. " [9] A Yes, sir. [101 Q You knew that in 1963? [Ill [121 A Well, I don't know if I did or not. I mean Q You saw Mr. Garrett's report in 1963? [13/ A Yes, but I don't know where - the evidence of - [14] he said we got a carcinogen on this soot, by the way. I [15] don't know that he's saying let's not dissolve it off, but [16] I don't find where he has evidence that we do have [17] carcinogenic properties - compounds on the soot. [18] Q You knew that 3,4-benzypyrene is a carcinogen ? [19] A Yes. [20] Q You knew that in the 1950s? [21] A Yes, I did. [22] _____ Q And you knewfrom Exhibit Kelly V-3 that we______ Page 537 [1] looked at earlier that Mr. Houghton had found [2/ 3,4-benzypyrene on the acetylene soot? [3] A Let me get - [4] MR. BRAY: Objection. ]5] THE WITNESS: Now, what is the question now, [6] Mr. McConnell? [71 BY MR. MC CONNELL: ]8/ Q Do you tuive Kelly V-3 in front of you? [9] A Yes, I have. [10] Q Let's look at - well, first of all, Kelly V-3 is [11] a memo written by M.L. Owens? [12] A Yes. ]13] Q January 19, 1959? [141 A Yes. [15] Q Mr. Owens was a Monsanto employee? [16/ A Yes. [17] Q He says in paragraph 2 ''Houghton says the [18] presence of benzpyrene - from his lab work - can be [19] suspected. I think he has shown it is present. " [20] A Yes, sir. 121] Q So Monsanto knew in 1959 that there was [22] 3,4-benzypyrene present in the acetylene soot?______________ Page 538 [1] A Yes, sir. [2] Q Dr. Kelly, I believe Mr. Bray asked you some [3] questions about the hydrogen cyanide poisoning uicident [4] and specifically about the uicidents that's reported m [5] Kelly V-21. Do you recall that? [6] MR. BRAY: Object to that characterization. [7] THE WITNESS: I remember the questioning. I'm [8] getting V-21 right now. [91 BY MR. MC CONNELL: [10] Q Very good, sir. [III A Yes, sir. [12] Q Would you read the first sentence of that [13] exhibit, sir. [14] A Yes. In previous questions or discussions [15] talked about cyanide. Did you talk about cyanide [16] compounds? I don't know what you were - I don't recall [17] whether you mentioned cyanide or cyanide compounds. [181 Q Well, I think you had talked with Mr. Bray about [19] hydrogen cyanide ? [201 A Yes. [21] Q And you talked about - [22] _____ A Oh, this is a cyanide derivative here he's______ Page 539 [I] talking about. ]2I Q Okay. [3] A Okay, what do you want me to do? [4] ' Q And specifically this is a letter from Dr. Otto [5] Smith to you reporting on a cyanide poisoning incident? [6] MR. BRAY: Object to that characterization. [7] THE WITNESS: Cyanide derivative poisoning [8] incident, yes. [9] BY MR. MC CONNELL: [10] Q I'm sorry, 1 couldn't hear you. [11] A Cyanide derivatives rather than cyanide per se. [12] Q Okay. And what are cyanide derivatives , [13] Dr. Kelly? | [14] MR. BRAY: Let me interpose an objection here. [15] I object to this as beyond the scope of cross-examination [16] and as, therefore, totally repetitious of your [17] cross-examination. [18] MR. MC CONNELL: It's directly related to your [19] cross-examination. [20] THE WITNESS: There can be lots of cyanide [21] derivatives. I don't know what he's talking abput. [22[_______ BY MR. MC CONNELL:___________________________ Page 540 [1] Q Were those compounds formed when cyanide reacts [2] with other things? [3] A That's correct. [4] Q The workers here did sitffer some pretty serious [5] symptoms that we talked about the other day? [6] A Yes, there were. [7] Q Now, the cyanide derivatives are not the same [8] thing, are they. Dr. Kelly, as the pure hydrogen cyanide [9] that would be used in the - [10] A Gas chamber. [11] Q - gas chamber? [12] A No, they are not. [13] Q So the materials that were being disposed of in [14] Texas City and the materials that were involved in this [15] cyanide poisoning incident were both cyanide derivatives: [16] is that right, sir? [17] A Well, yes, but I don't know what he means by [18] "derivative." I mean acrylonitrile is a derivative so I | [19] don't know what he's really talking about. This doesn't [20] mean to me that that's the same stuff that's going in the [21] waste disposal pits. [22] _______ Q Just because it's a cyanide derivative doesn't______ Page 541 [1] mean it's a safe material, does it. Dr. Kelly? [2] A No. [3] Q In fact many - [4] A Safe, did you say, or waste? [5] Q Just because it's a cyanide derivative doesn't [6] mean that it's a safe material, does it? [7] A Safe, no, but I was saying just doesn't mean [8] it's also a waste material, because it could be undergoing [9] further processing in the plant. [10] Q And many cyanide derivatives are very dangerous [11] chemicals? [12] A Yes, I would imagine a lot of them are. [13] Q Dr. Kelly, Mr. Bray asked you about some workers [14] who were exposed to vinyl chloride monomers in cleaning [15] out kettles. Do you remember that, sir? [16] A It was a polymer. [17] Q It was a polymer? [18] A Right. [19] Q They were cleaning ota the kettles used in the [20] vinyl chloride production process ? [21] A Yes. j [22]________Q Attd those were the workers who got cancer?______ Page 542 [1] A Yes. They were not Monsanto workers. [2] Q I understand. Monsanto used a different process [3] and you cleaned ota the kettles usbig a solvent? [4] A That's correct. [5] Q The solvent dissolved the vinyl chloride [6] materials ut the kettle? [7] A That's correct. [8] Q What did Monsanto do with the solvent and the [9] vinyl chloride materials after the kettles were cleaned j [10] out in that way, Dr. Kelly? i [11] A i think they recycled it back into the process, i [12] I'm not sure, though. [13] Q The vinyl chloride materials were disposed of in [14] pits. Do you recall that? [15] A The tars and the still bottomswere, yes, but [16] I'm not sure that the material thatcame outof the . [17] kettles the way we were discussing, the solvent - the [18] solvent containing the vinyl chloride polymer from [19] cleaning out the kettles, I'm not sure whether that was Page 536 to Page 542 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063191 BSA_______________________________________ Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 XMAXC3, [20/ recycled into the process or wentto the pits. PI] Q You just don't know oneway or theother? 1221________ A No, but I would think the usual way would be to Page 543 111 recycle it. P] Q Do you remember the solvents were sometimes [3] dumped down the sewers or into pits? [4] A No, I do not [5] Q Mr. Bray asked you some questions about Tunes 161 Beach and tlu: dioxin at Tunes Beach. Do you recall that, [7] sir? PI A Yes, sir. [9] Q Are you aware. Dr. Kelly, that some of the waste [10/ materials contauting dioxin tlutt were sent to Times Beach [III came from Monsanto? [12/ A No, I don't know that at all. I don't think [13] that it did. [14[ Q That would come as a surprise to you? [15] A Yes, it would. [16] Q Dr. Kelly, let me ask you a couple of questions [17] about the document that's been marked as Kelly V-29. It's [18] Mr. Garrett's article from 1959. Do you have that handy, [19] sir, or do you need - [20] A WeD, I'm running it down. I've got it. PI] Q Do you recall Mr. Bray asked you some questions P2] about the disposal of materials in strip mines?_______________ Page 544 [1] A Yes. PI Q And in this article Mr. Garrett wrote that that [3] kind of disposal in strip mines constitutes a potential [4] threat of contamutation of the groundwater supplies ? [5] A Yes. [6] Q And he did write about other types of disposing [7] of ntaterials in the ground, didn V he ? [8] A Yes, he did. [9] Q And in fact, at the bottom of the third page in [10] this exhibit, it's numbered 843, he wrote "It is [11] frequently possible to use the method of sanitary landfill [12] with the tarry or catalyst materials being mixed with [13] earth and deposited " - [14] A Wait a minute. You've lost me. What page are [15] we on? [16] Q It's numbered 843 at the top. [17] A Yeah. [18] Q It's the third page of thisexhibit. [19] A I have that. [20] Q The very bottom of that page and contimtutg on PI] to the next page, Mr. Garrett wrote in this article in P2] 1959 "It is frequently possible to use the metluxl of__________ Page 545 [1] sanitary landfill with the tarry or catalyst materials PI being mixed with the earth and deposited as fill in an [3] excavated duntpsite." Do you see that, sir? And at the [4] etui of tlutt paragraph he goes on to say "The possibility [5] of the tarry materials leaching into ground water [6] resevoirs must, of course, be explored." So he talks ]7] about the danger of groundwater contamutation in [8] dumpsites? [9] A This runs over to 844? Is that where you are? [10] Q Yes, sir. [11] A Yes, sir. [12] Q So Mr. Garrea talked about the dangers of [13] grotutdwater contamutation when you were disposing of [14] materials in dumpsites ? [15] A Well, he talks about it should be explored to [16] find out if there is any danger. [17] Q He said "the possibility of the tarry materials [18] leaching in the groundwater resevoirs must, of course, be [19] explored "? PO] A Yes. PI] Q So his concern was not limited to strip mines, P2] was- it, Dr. Kelly?__________________________________________ Page 546 [I] A No. PI Q And in the next paragraph he says "A more common [3] method of disposing of tars by bunal involves placing I [4] tltem in waste drums and burying the drums. This procedure [5] also presents the problem of possible ground water [6] contamination after the drums lutve deteriorated and also [7] the possibility cffire or explosion in the dumpsite." Do [8] you see that, sir? [9] A Yes. I don't know what he'stalking about. [10] Q But he writes tlutt in his article, didn't he? [Ill A What? [12] Q He wrote that in his article? [13/ A Yes. Let me finish. I do not see what [14] relationship he is talking about here has to do with the [15] disposal system at Texas City. I'm not so sure they were [16] filling drums and throwing them in the land sites we [17] discussed earlier. He is just talking about another [18/ common method. Certainly a lot of people throw them in [19] garbage dumps and other things that shouldn't be done. We PO] didn't do that. We threw them in approved land sites. PI] Q Mr. Garrett was the person on your staff who was P2] responsible for waste disposal and water pollution______________ Page 547 [1] matters? P] MR. BRAY: Objection. This is rather [3] repetitious. [4] THE WTTNESS: He was the - one of the medical [5] department's staff that would interface with the plants. [6] He was not the one that would decide the waste disposal [7] methods. He was available for consultation on it. [8] BY MR. MC CONNELL: [9] Q And he was the waste disposal nuin in the medical [10] department? [11] A Yes, he was. [12] MR. BRAY: Same objection. [13] MR. MC CONNELL: Dr. Kelly, I have nothing [14] liirther at this time. [15] THE WITNESS: Thankyou. Ms. Schiffer? [16] MR. BRAY: Do you want to go off the record? [17] Let's go off the record so pepole can -- [18] MR. MAGGIO: We're off the record at 2:08 p.m. [19] (Recess.) PO] MR. MAGGIO: We're back on the record at PI] 2:15 p.m. [22]_______ EXAMINATION_______________________________________ Page 548 [1] BY MS. SCHIFFER: . P] Q Dr. Kelly, again, for the record, I'm Lois [3] Schiffer representing London tutderwriters and I lutve a few [4] brieffollow-up questions. [5] Mr. Bray asked you about closed systems. Do you [6] recall that? [7] A Yes. [8] Q Are you familiar with capacitors, a piece of [9] electric equipment? [10] A In a general way. [11] Q Do you regard capacitors as a closed system ? [12] A The use of them? Yes. It's closed until they [13] explode. [14] Q Are they a closed systemthat can sometimes [15] contain PCBs? [16] A Yes. [1/7 Q If a capacitor explodes, as you've said, then [18] it's no longer a closed system? [19] A That's right. PO] Q What if you put a capacitor in a landfill and PI] after a while it erodes, is it still a closed system? P2]________A No, it isn't. It's open._______________________________ Page 549 [I] Q So something that's a closed system can become P] an open system over time? [3] A That's correct. ! [4] Q Dr. Kelly, I'd like to invite your attention to ; [5] exhibits Kelly V-35 and V-36, which is the exchange of ! [6] correspondence between you and Mr. Fox. ! [7] A Yes, sir, I have - yes, ma'am, 1 have them. ?8y Q In that Mr. Fox talks about making potyetlrviene | [9] for food packaging out of tmrefined pellets containing 401 I [10] to 500 parts per million of benzene and refined pellets of ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 542 to Page 549 WATER PCB-SD0000063192 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAX(24) HU 50 parts per million; is that correct? (121 A That's correct. mi Q Mr. Bray asked you whether polyethylene wrap is /I4I used today and you testified that it mxs,- is that correct? mi A Yes, it is. [161 Q Do you know whether the polyethylene wrap that's [171 used today is made out of unrefined pellets containing 40 mi to 500 parts per million of benzene? [19] A I do not know. [201 Q Do you know whether it's made out of refined pm pellets containing 50 pans per million of benzene ? P2I _______ A No, I do not.______________________________________ Page 550 [11 Q Do you know whether in 1958, at the time of PI these memoranda, Monsanto produced polyethylene packaging? PI A I don't know. We made polyethylene film at one HI time, but I don't know when it was. PI Q Do you know whether when Monsanto made it, it HI was nutde from unrefined pellets containing 400 to 500 PI parts per million of benzene ? [81 A No, I do not. PI Q Do you know whether it was made out of refined [101 pellets containing 50 parts per million of benzene? [111 A No, I don't. [12] Q l would invite your attention, Dr. Kelly, to [13] Exhibit Kelly V-5, which is cm engineering report from [141 Travelers that Mr. Bray questioned you about. Do you have [151 that document? [161 A 1 will find it. [171 Q Tfumk you. [181 A Yes, I have it. [191 Q I would invite your attention to page 19, which P01 is one of the pages that Mr. Bray asked you about? PH A I have it. P21 Q Could you please read the section of that report______ Page 551 [11 out loud tluu begins with the caption "landfill. " PI A "Landfill areas located across the Mississippi PI River are used jointly with the Knminirich Plant for the HI disposal of corrosive and toxic liquids and solid wastes. [51 This cannot continue much longer because the state of [61 Illinois is somewhat concerned about this disposal PI method. Test wells at the landfill sites do not reveal [81 contamination; however, when liquids are discarded in this PI manner, it is difficult to predict what might happen." [101 Q Is the Kntmmrich plant a Monsanto plant? HU A Yes, it is. [121 Q Mr. Bray asked you some questions about [131 dilution. Do you remember? [141 A Yes, he did. [151 Q Have you ever heard the expression "dilution is [161 no solution to pollution"? [171 A Probably. I don't know when. 1 don't know by [18/ whom. [191 Q Do you lutve any idea of when you might have POI heard tluu in terms of time? Pll A No. [221 _______Q Did there come a time when dilution was regarded Page 552 m as not an effective means of disposing -- of dealing with pi wastes? pi A It certainly was effective. Whether it was HI allowable or not is a different question. [51 Q Did there come a time when it wasn't allowable? HI A Yes. PI Q Do you kttow when tluu was? [81 A No, I don't. PI Q You have no idea whether it was the 1950s? [101 A Wefi, it certainly was - the government was not [111 in the particular act in the 1950s. Some states and local [121 organizations may wefl have been. [13] Q Do you know whether the suite of Texas was, as 114] you say. in the act of pollution control in the 1950s? [151 A It was approving land sites - landfills, rather. [16] Q So in that sense it was in the act of pollution [17] control in the 1950s? ; [18/ A That's correct. (191 Q And do you know whether u was prohibiting [20) dilution as the means of disposing of wastes? ! [21] A I don't know. ! [22]________Q l would invite your attention to Exhibit V-29,__________ ! Page 553 1 [1] which is the Garrett article that we've spent some time j [2] discussing. j [3] [4] A Yes. . Q And l would invite your attention to page 844 of P] tluu article, at the very bottom of the first column on 16] tluu page. [7J A Yes. IS] Q Does the article state, "In discharging tarry [9] nuuerials or catalyst complex materials by sewers to [10] streams, great care must be taken to prevent contamination [11] of the receiving stream. " [12] A Yes. [13] Q And I'm going to go on and read a few more [14] sentences. "This creates a specific problem when [15] consideration is given to including tars and wastes to [16] streams. It is possible to dilute some of these [17] materials, which are either water soluble or partially [18] water soluble, to a point where they constitute no Imzard [19] in the receiving stream. However, when targe qiumtides 120] of non-miscible " - it's m-i-s-c-i-b-l-e - "organic [21] materials are to be disposed of, direct discluirge to I 122] streams is definitely not the process of choice since to__________ j Page 554 i [1] do so simply transfers the problem from the process site | [2] to the receiving stream. " \ [3] Do you see that the article says tluu? [4] A Yes, it does. PI Q Isn't tluu another way of saying tluu dilution [6] isn't a particularly good solution? [7] A Well, yes, I don't think anybody for quite a few /S7 years has advocated throwing material untreated into the lV] streams. [10] Q And in 1959 when Mr. Garrett wrote this article, [11] what you state is true? [12] [13] [14] A What I just stated? Q Correct. A Yes, I think so. I think we weren't throwing it [15] right into streams at that time. [16] Q Because dilution wasn't an effective means of [17] lumdling pollution; is that correct? [18] MR. BRAY: Objection. Asked and answered. [19] BY MS. SCHIFFER: [20] Q Is that correct, Dr. Kelly? [21] A It depends on again, on the area. If you're j [22] talking about a small ditch outside Texas City, that's one j Page 555 [1] thing. If you're talking about the Mississippi River [2] outside the Krummrich plant, that's an entirely different [3] ballgame. [4! MS. SCHIFFER: I have no further questions. (51 EXAMINATION [61 BY MR. FLORIG: [7] Q Dr. Kelly, David Florig on belmlf of Liberty [8/ Miattal agaui. i [9] Dr. Kelly, did you ever tell Liberty Mutual tluu [10] there was hydrogen cyanide in aty of Monsanto's liquid i [11] wastes or byproducts streams? J [12] [13] I [14] j [15] A Not that I recall. Q The same questionffor acrylonitrile. A No, but these people weren't dummies. I mean, there were scientists who went down there and they knew we j [16! were making hydrogen cyanide. They knew we were making j [17] acrylonitrile. i [18] Q You didn't tell anybody from Liberty Mimtal that j [19] either of those materials were in Monsatuo's liquid waste | [20] or byproducts, did you? I [21] A I didn't myself, no. J [22]________Q Same question for vinyl chloride?_____________________ JI [1] Page 556 A I didn't tell them, no. Page 549 to Page 556 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063193 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXlZS, 12] Q Samp question for any of die following [3/ materials, styrene, chlorinated solvents. mercury, lead. [4] copper, benzene, toluene or xylene; did you tell Liberty PI Mutual that any of those components were in any of [6] Monsanto's liquid wastes or byproduct streams? [7] MR. BRAY: Him personally? [81 MR. FLORIG: Yes. [9j THE WITNESS: No, I did not personally. I knew [101 they had gone through the plant with our chemists but I [III didn't tell them. [12j BY MR. FLORIG: [13/ Q Did you hear anybody tell atrybody from Liberty [I4J Mutual dial diose were present in liquid wastes or [15/ byproduct streams ? [161 A No, sir. [17] Q Did you ever see reports generated by Liberty [18/ Mutual which commented one way or die odier on how [19] Monsanto was disposing of its liquid wastes? [20] A I can't be sure about when - I know I saw the [21] report of the combined Rand Liberty Mutual sponsored [22] inspection of all the plants. It was a big, thick____________ Page 557 [1] volume. I don't recall what they said in there about 12/ waste disposal. I did not accompany these people on their [3] tours. Garrett did on some of them. I don't know if he [4] did on all of them or not. I presume he did, either he or [5] Wheeler. [6] Q Is it fair to say diat you don't recall any [7] reports generated by Liberty Mutual which commented in any [8] hiay on how Monsanto was disposing of liquid wastes ? [9] MR. BRAY: Object to the characterization and [10] the inferences in that question as totally improper. [Ill THE WITNESS: I didn't hear the objection. Did [12] it have anything to do with me? [13] MR. FLORIG: No. [14] THE WITNESS: Okay. What was the question [15] then? [16] MR. BRAY: And subject to my objection. I won't [17] repeat it. ' [18] MR. FLORIG: I'll rephrasethe question. [19] BY MR. FLORIG: [20] Q You don't recall whether liquid waste disposal [21] was discussed in die 1950 joint survey. Is dial [air to [221 say?_______________________________________________________ Page 558 [11 A That's correct. I do not recall that. [21 Q Did you ever see any report generated by Liberty [3] Mutual which commented one way or die odier on how [4] Monsanto vitiv disposing of its liquid wastes? [5] A I don't recall any comment either way. They may [6] have a report and I don't recall or they may not have had [7] a report. I don't know. [8] Q Do you ever recall seeing any report generated 19] by Liberty Mutual which commented one way or die odier on [10] how Monsanto was operating any landfills or dumps? [11] A No, sir, I do not recall. [12] Q Do you recall seeing any documents indicating [13] dial Monsanto told Liberty Mutual dial Monsanto was [14] disposing of liquid wastes at die North 80? [15] A No, sir. [161 Q Do you recall ever seeing any document [17] indicating diat Monsanto told Liberty Mutual dial Monsanto [18/ was disposing of any liquid wastes at die Soudi 20? [19] A No, sir. )20] Q Same question tor the Texas City Wye. [21/ A Same answer. 122]_______ Q Same question for the Hard-Lowe or Brio site?_______ Page 559 [1] A Same answer. [21 Q Dr. Kelly, when mercury is used for medicinal or [3] dental purposes, it's usea under controlled conditions; [4] correct? [5] A I don't know what you mean by "controlled." [6] They - [7] Q When it's usea for medicinai or dental purposes. [8] dial is under a doctor s supervision; correct? : [9] A Not necessarily. I mean, a fellow would go to j [10] the store and buy 20 tablets of calomel and give them to [11] his family every day for a week. That was uncontrolled. [12] Q The manufacture and sale of that drug is [13] controlled; correct? [14] A Yes, sir. I don't know about the sale. I don't [15] know if the sale is meant - you can buy one package or 10. [16] Q The manufacturing and die components are [17] controlled or approved by some agency in the government; [18] correct? [19] A Yes. [20] Q Dr. Kelly, do you recall die presence of cyanide [21] at die North 80 being listed as die cause of any fish [22! kills in dial area ?___________________________________________ Page 560 [1] A No, I don't. I have some vague recoDection [2] that there may have been a fish kin but I don't know much [3] of the details and I believe that the outflow stream was [4] neutralized at some time before it went to the bay but I'm PI not familiar with the details. [6] Q Cyanide will kill fish; correct? [7] A Yes. 18] Q Freshwater fish and saltwater fish? [9] A Any fish. [10] Q Will it also kill odier marine organisms? [11] A Well, I don't know if it win kin an algae or [12] not. I don't know that. [13] Q Will hydrogen cyanide killmammals? [14] A Mammals? [15] Q Yes. [16] A From humans all the way down. [17] Q If cyanide got into a body of water where fish [18] were living, you would expect some of diose fish to be [19] killed; is diat correct? [20] A No. It afl depends on how much cyanide got in. [21] Q If enough got in. you would expectsome fish to [22] be killed; correct?___________________________________________ Page 561 [1] A That's correct. [2] MR. FLORIG: I don't have anything else. [3] MR. MAGGIO: That's it? [4] MR. BRAY: No. I have a few. [5] MR. MC CONNELL: I think I'll object. [6] MR. MAGGIO: I have about tour minutes left. Do [7] you want to change? [8] MR. BRAY: Yes, why don't you change. [9] MR. MAGGIO: This is the end of videocassette [10] number 2, volume 3. [11] We're off the record at 2:32. [12] (Discussion off the record.) [13] MR. MAGGIO: This is the beginning of [14] videocassette number 3, volume 3, of the deposition of R. [15] Emmet Kelly. [16] We're back on the record at 2:35. [17] MR. MC CONNELL: 1 do want to note an objection [18] to the reredirect. I think this has got to stop somewhere [19] and so I object to this examination. [20] MR. BRAY: I'llnote the presence of three . [21] against one and prolonged recross, and I have just a [22] couple of points of clarification about the precise______________ Page 562 [1] matters you were asked on recross by one or more of the 12] three defense counsel. [3] EXAMINATION [4] BY MR. BRAY: P] Q This is Jolui Bray fordie record for Monsanto [6] Company, Dr. Kelly. 1 have just a very few questions [7] about some of die exhibits and one of die questions dial [8] came up on redirect. J [9] You were shown Kelly Exhibit V-37. wluch hut j [10] identified as Jack Garrett s 1963 ancle on cancer in [11/ chemical structure, and Mr. McConnell read to you a i [12] portion of pages il and 12 but left otu a sentence. And I [13] waru to ask you to read die sentence he left out. It's i [14] starting at die bottom of page 11. He read a section diat [15] proceeds with the words "no hazard exists unless the soot ACE-FEDERAL REPORTERS. INC. 202-347-3700 Page 556 to Page 562 WATER PCB-SD0000063194 BSA Depo of R. Emmet Keltv Monsanto v Aetna February 4, 1993 Cr.54311.0 XMAXC6) (161 is held in intimate contact with the skin over long [17] periods of time. On the other hand, this is not true in [IS] the case of dust exposure where inhalation of die carbon [191 particle as well as the absorbed carcinogen will place the [20] carcinogen in contact with the lung tissue and remain in [211 contact for long periods of time. " [221 Do you see that? Page 563 PI A Yes, sir. [21 MR. MC CONNELL: I will object to the form and [31 the speech. [41 BY MR. BRAY: 151 Q And Mr. McConnell did not read the next 161 sentence. Would you read that? [71 MR. MC CONNELL: Object to form. [SI THE WITNESS: "Experience has shown that good m personal hygiene and proper respiratory protection can [101 control hazards of this type." [HI BY MR. BRAY: 1121 Q Mr. McConnell did then go on and read the next 1131 two sentences and so we can skip those. [141 MR. MC CONNELL: Object to form. [IS] BY MR. BRAY: [16] Q Now, Mr. McConnell also showed you Kelly Exhibit [17] V-3, which is the January 19, 1959 memorandum from [18] M.L. Owens to R.J. Schatz. [191 A Yes. [201 Q Do you see that? And again, I'm going to ask 1211 you to read a sentence that Mr. McConnell left oiU. He [221 referred to paragraph number l and read the first portion Page 564 111 of paragraph number I which - and I'U start with the [21 second sentence. It says "those found fairly conclusively 131 in the work of references 4 and 5 (Tebbens) included [41 3,4-benzypyrene and 1,2f,6-dibenzanthracene which are [51 known to be carcinogenic. ' He did not read the next [61 sentence. Would you do so? [71 MR. MC CONNELL: I'll object to the form and the [SI speech. [91 THE WITNESS: "Of course, these compounds are [10] also present in cigarette smoke, road tar and the air." [HI BY MR. BRAY: [121 Q And Mr. Florig asked you whether or not you [13/ specifically recall sitting here today getting some report 1141 of the Liberty Mutual visits to Monsanto - at Monsanto [151 plants where waste disposal mu reported in those (161 reports. [17] Do you recall that? [181 A Yes. [191 MR. FLORIG: Objection. 1201 BY MR. BRAY: 121/ Q And I think you testified that Mr. Garrett made '/22I visits with Liberty Mutual to Monsanto plants? Page 565 [11 MR. MC CONNELL: Objection. Form. Leading. PI THE WITNESS: Yes. [31 BY MR. BRAY: 141 Q And Mr. Garrett was the waste disposal man in [51 the medical department? [61 A Yes. [71 MR. BRAY: Thank you. 1 have no further [SI questions. [91 MR. MC CONNELL: Thank you, Dr. Kelly. (101 MR. FLORIG: I have just one or two. [HI EXAMINATION [121 BY MR. FLORIG: [131 Q Dr. Kelly, David Florig for Liberty Mutual [14] again. [151 Did you accompany Dr. Kelly when he visited the [161 plant? [17] A Did I accompany Dr. Kelly (181 Q With Liberty people? (191 MR. BRAY: Objection. This has been asked and 1201 answered on two days when you weren't here so many times [211 that it really is redundant and abusive. [22] BY MR. FLORIG: 1 m pi pi [41 PI PI [7] [81 [91 [10] [HI [121 [13] [141 (151 (161 [171 [IS] [19] PO] [21] P21 Page 566 Q Dr. Kelty, did you accompany Mr. Garrett and the Liberty Mutual people when they visited plants? MR. BRAY: Objection. Asked and answered. THE WITNESS: I did not accompany them on the Rand organized tour of all the plants. I may have accompanied Garrett or Wheeler and Chuck Williams on some occasions, so I can't - I know I did sometimes, but I don't know the details of it. . BY MR. FLORIG: Q Do you remember where that was? MR. BRAY: Objection. Asked and answered at length when you weren't here. BY MR. FLORIG: Q Do you remember where that was. Dr. Kelly? A No, I don't. I think it was around the St. Louis area rather than the Texas City area. MR. FLORIG: Thank you. That's all I have. MR. BRAY: Thank you, Dr. Kelly. THE WITNESS: Get out before the ping-pong match starts again. MS. SCHIFFER: Thank you, Dr. Kelly. MR. MC CONNELL: Get out while you can. Page 567 HI PI PI [41 PI [61 (71 [81 PI [101 MR. MAGGIO: The time is approximately 2:40 p.m. This concludes the deposition. (Whereupon, at 2:40 p.m., the deposition was concluded.) R. EMMET KELLY [11] [12] [131 [14] [15] [16] [17] [181 [191 poi Pll P21 Page 562 to Page 567 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000063195 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-Seet28) aspect [1 / 422:19 aspects 121 422:8; 474:11 associated [3] 417:20; 487:11; 532:11 Association (8] 413:18, 21; 414:2. 13. 14; 415:9, 14; 475:14 association [I] 413:3 ate [1] 425:17 attack [11 525:9 attend [1] 416:6 attended [5] 408:19, 20; 416:22; 417:1 attention [22] 410:22; 418:13, 14, 17. 19; 436:2, 10; 441:22; 442:12; 466:11; 479:13; 493:21; 529:19; 530:17; 531:16; 532:6; 535:22: 549:4; 550:12, 19; 552:22; 553:4 attorney [1] 477:21 audits [2] 506:22; 507:22 author [I] 486:16 authorities [1] 492:13 authority [1] 470:16 authorize [1] 423:9 authorized [1] 430:21 available [12] 411:13, 20, 21; 412:2; 448:8, 16, 20; 449:3, 6, 7, 11; 547:7 average [2] 417:1: 451:21 Aviation [1] 500:19 aware [15] 433:2; 434:4; 436:21; 437:1; 439:17; 451:15: 461:3; 472:9, 14. 17: 473:10; 484:9; 485:8; 522:12; 543:9 -B- B.L. [1] 483:19 bacteria [1] 513:18 Badische [1] 503:22 BAKER [1] 398:20 bald [1] 425:8 bailgame [1] 555:3 ballpark [I / 414:9 barbecued [1] 525:4 harrier [1] 444:8 base [3] 402:17; 441:7; 457:6 based [7] 407:6: 441:16; 444:15, 20; 455:10, 13 basic [21 407:20; 436:6 basically [1] 436:8 basis [8] 407:7; 459:2, 3; 484:14: 506:8; 515:8, 18; 517:20 bav [1/ 560:4 Beach [10] 489:2; 504:9, 10, 11, 13, 16; 505:2; 543:6, 10 Beaumont [5] 430:14; 444:6. 10, 14; 455:6 becoming [2] 501:11; 536:8 beg [7] 422:17; 428:21; 437:10; 447:15; 470:11: 476:8. 13 begins [4] 487:5; 521:19; 530:2; 551:1 behalf [9] 398:21; 399:4, 7, 10, 18; 445:5; 461:15; 555:7 belief [8] 421:20; 441:7, 17; 512:6, 11, 22; 514:21; 515:8 beliefs [2] 515:19; 523:4 believe [17] 430:4, 15; 440:19: 441:6; 449:9, 18; 456:12; 465:17; 474:21; 488:22; 505:22; 524:3; 528:4; 535:16; 538:2; 560:3 ( 529:16, 20; 532:5, 7. 17, I 438:20: 487:14; 488:8; believed [2] 441:10, 12 20: 538:2. 18; 541:13: i 532:14 Believing [1] 468:2 543:5, 21; 548:5: 549:13; | cassette [2] 477:11, 16 benchmark [1] 439:6 550:14, 20; 551:12; 562:5 CASTLE [1] 398:3 benzene [20] 464:6; 465:11; breached [1] 469:8 CASUALTY [1] 398:9 466:13; 467:6, 17, 21; break [3] 453:20: 476:17: catalyst [3] 544:12; 545:1; 468:4; 488:22; 489:1, 18: 526:20 553:9 490:8, 13; 491:5; 549:10, breathed [1] 501:12 catalysts [1] 442:5 18, 21; 550:7, 10; 556:4 breathing [5] 429:1: 439:12; category [2] 447:14, 16 benzpyrene [3] 484:16; 501:21; 502:2, 6 caused [6] 451:2, 16; 528:11; 537:18 brief [1] 548:4 452:11, 14; 498:22; 531:19 benzypyrene [2] 484:6, 12 briefly [1] 460:15 caution [1] 479:18 besides [2] 403:2; 463:8 Brio [8] 434:12, 13. 19, 21; cautions [1] 522:1 billion [4] 424:17, 20; 444:5; 445:22; 522:19; centigrade [2] 490:19; 491:2 425:4; 503:7 558:22 century [2/ 530:10; 531:5 billions [1] 496:6 broadcast [1] 480:3 cetera [2] 413:7; 522:21 bio [1] 514:21 building [1] 474:10 chair [3] 414:1; 415:17, 21 bioaccumulation [6] 424:21; bulldozed [1] 505:18 chairman [2] 416:13, 14 425:15; 472:9, 19; 473:4, 6 burial [4] 442:15; 443:4: chamber [5] 439:11; 493:15; biodegradable [1] 514:10 445:9; 546:3 494:3; 540:10, 11 biodegradation [3] 471:18, buried [1] 445:18 chambers [1] 493:6 21; 515:6 burying [1] 546:4 change [4] 473:18; 495:13; biodegrade [4] 472:3, 4, 5; business [11] 410:6; 415:4; 561:7, 8 514:12 446:10; 449:7, 8: 462:21; changed [2] 414:12; 524:20 biodegraded [1] 514:5 464:16; 466:17, 20; 485:21; clumges [1] 424:1 Biological [1] 513:17 525:22 Otapman [1] 506:12 biological [6] 402:21; busy [1] 408:4 character [1] 499:13 427:17; 513:10, 13; 514:21; butter [2] 451:10: 525:5 characteristics [2] 487:10: 516:16 buy [2] 559:10, 15 532:10 biology [1] 514:16 byproduct [2] 556:6, 15 characterization [3] 538:6: bit [6] 405:1; 420:8; 477:1; byproducts [2] 555:11, 20 539:6: 557:9 524:2; 526:13: 534:9 bladder [4] 456:5; 457:17; - C- charge [1] 519:2 chart [1] 444:15 524:14, 17 blood [1] 426:21blow [I] 535:15 blowing [3] 529:12; 533:18: 534:17 Board [1] 468:16 board [8] 517:2, 7; 518:12; 519:16, 18, 20, 21; 520:2 bodies [1] 515:9 body [4] 498:1; 514:9; 534:8; 560:17 bombs [1] 417:21 book [6] 472:14, 19, 21; 473:14; 523:14, 19 books [3] 411:15, 17, 22 Boston [1] 484:22 bottleneck [1] 458:15 bottoms [1] 542:15 bought [1] 411:18 bound [2] 467:22; 498:18 brake [1] 501:7 branch [2] 405:12; 406:22 BRAY [97] 399:1; 476:16, 20, 22; 477:5, 20; 478:1; 480:13; 481:7; 482:4, 16, 18; 483:2; 486:1, 8; 488:20; 489:5, 9; 490:6, 17; 491:4, 15; 492:19; 493:20; 494:22; 495:7; 497:3, 9, 14; 498:6: 499:3, 22; 500:16; 501:9, 18; 502:13; 508:5, 14, 20: 509:2, 6, 9, 19; 510:4; 511:3, 8, 13; 512:4, 18; 513:7: 514:14; 515:3, 13, 17; 516:20; 518:9; 519:9; 520:6, 15, 17; 521:7, 11. 16; 522:22; 523:12; 524:7; 526:9, 17, 19; 527:5; 532:21; 537:4; 538:6: 539:6, 14; 547:2, 12, 16; 554:18; 556:7; 557:9, 16; 561:4, 8, 20; 562:4; 563:4. 11, 15; 564:11, 20; 565:3, 7. 19; 566:3, 11, 18 Bray [27] 398:18: 399:2; 400:6, 10; 477:20; 485:19; 526:11; 527:10, 14; 528:4; cabbage [3] 451:10; 525:6, 8 check [2] 432:16; 444:1 California [1] 489:2 checked [1] 421:8 call [4] 420:13, 16; 519:5: Chemical [1] 511:19 522:10 chemical [25] 439:17; 440:5, Calomel [2] 498:9, 11 11; 446:9; 447:9; 450:9; calomel [1] 559:10 451:1, 3, 6, 16, 18; 452:10, Cancer [2] 462:10; 475:15 11; 460:5; 471:22; 472:2; cancer [15] 451:2, 16; 486:11, 19; 502:19; 510:15; 452:11, 14; 456:5; 486:10, 512:3; 527:11, 21; 562:11 18; 525:15; 527:11; 530:10; chemicals [25] 426:4, 14; 531:9; 533:15; 534:12; 427:1; 429:5, 7, 14, 19, 21; 541:22; 562:10 430:3, 8; 434:13: 435:4; cancers [2] 531:17, 18 437:4; 438:19; 439:1; capacitor [2/ 548:17, 20 440:20: 441:2, 4; 451:9: capacitors [2] 548:8, 11 452:21; 472:3; 473:7: capital [4] 473:22: 474:5, 7; 493:18; 514:2; 541:11 475:3 chemist [3] 426:8; 498:22; caption [1] 551:1 499:6 Carbide [3] 412:15: 479:22: chemistry [3] 407:14; 419:7, 480:2 10 carbon [6] 487:13; 532:12: Chemists [3] 413:21; 414:2; 533:4; 534:3: 536:4: 562:18 415:14 carcinogen [17] 488:8: chemists [1] 556:10 491:19; 496:11; 525:10: chest [1] 492:10 532:15; 533:5. 13: 534:1, 4, chief [2] 432:21; 452:8 5, 10; 536:6, 14. 18; chimney [5] 531:5, 11, 13, 562:19, 20 18, 20 carcinogenic [12] 451:9, 11; chimneys [2] 531:7, 8 457:4, 5, 18: 487:14; 529:1, chipped [1] 504:4 6; 532:13: 536:8. 17: 564:5 chisel [2] 495:19 carcinogens [6] 524:22; chloracne [2] 503:12, 18 525:4, 5, 6; 530:20: 533:22 chloride [24] 448:19, 21, Care [1] 536:3 22: 449:1, 4, 10, 12, 16; care [1] 553:10 495:2, 4, 13, 14: 496:3, 4, career [3] 414:18: 468:20: 7, 10, 15; 541:14, 20; 517:10 542:5, 9, 13, 18; 555:22 careful [1] 521:8 chlorinated [1] 556:3 carried [1] 518:2 chlorine [l] 503:6 carrier [1] 492:14 choice [1] 553:22 carriers [2] 460:15; 516:10 chromatograph [1] 426:9 carry [1] 421:19 Chronic [1] 456:18 Carson [2] 472:14; 523:14 chronic [25] 438:16, 18, 21; CASE [1] 398:10 440:9, 17; 441:6; 447:18, case [8] 404:21: 406:16; 20. 21: 448:13, 16; 449:12, 445:10: 451:20; 458:11: 15, 19, 21; 450:7, 9; 533:3; 534:3; 562:18 452:20; 453:3, 7, 11, 13, cases [8] 408:5: 421:1; 16: 456:17 chronology [1] 457:9 Oiuck [1] 566:6 cigarette [1] 564:10 cigarettes [1] 534:11 Circle [1] 399:9 circumstances [2] 451:7; 530:20 City [43] 430:13; 431:2, 3, 12; 432:7; 433:3, 9. 19; 434:6; 445:18; 449:10; 455:2, 18; 461:4: 466:2; 468:12; 479:6, 9; 481:20; 483:4. 8; 485:12; 488:16; 493:9; 494:11, 14; 496:18; 497:18; 499:7; 500:5; 522:12; 523:6; 527:22: 529:12; 530:5; 533:18; 534:17; 540:14; 546:15; 554:22; 558:20; 566:16 city [4] 408:7; 444:4: 505:1; 516:13 Civil [1] 398:7 civilian [4] 417:17, 20; 418:5, 22 claims [21 461:12, 21 clarification [1] 561:22 classification [1] 447:11 clay [6] 430:13, 14; 444:6, 10, 14; 455:6 clean [1] 516:9 cleaned [2] 542:3, 9 cleaning [5] 495:12: 496:1; 541:14, 19; 542:19 clear [1] 454:8 climbing [1] 531:13 clinical [1] 429:22 closed [13] 489:1, 10, 20; 501:2, 8; 502:2; 548:5, 11, 12, 14, 18, 21; 549:1 clothes [1] 531:10 coal [41 514:9; 530:9; 531:18, 20 coatings [1] 534:8 collect [1] 516:15 College [1] 413:7 Columbia [3] 402:11. 20; 403:19 column [2] 521:17: 553:5 columns [I] 489:12 combination [1] 426:9 combined [1] 556:21 coming [1] 436:21 commencing [1] 507:1 commendatory [1] 475:15 comment [1] 558:5 commented [6] 510:17; 511:10; 556:18; 557:7: 558:3, 9 comments [1] 511:14 Commerce [1] 399:14 commerce [1] 503:5 commercial [1] 421:5 Commission [2] 445:2, 5 committee [23] 413:14, 17, 20; 414:1; 415:2, 8. 11, 13. 18; 416:9: 470:3. 17; 517:1. 7; 518:1, 11; 50:1. 2, 4. 15; 520:1, 4. 5 committees [2] 416:11, 12 common [5] 516:2, 9, 10; 546:2, 18 communicated [1] 482:1 communication [3] 525:14, 17, 19 community [1] 430:11 companies [10] 413:5; 418:2; 446:9; 495:4. 18; 502:20; 503:21; 504:6: 526:3, 4 aspect to companies WATER PCB-SD0000063196 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 Look-Seal?< Look-See Concordance : 1952 [I) 471:2 ; ______ ___________ 481:8, 19. 22: 482:1. 20: . 414:16; 415:3: 462:10: Report 1956 [21 479:4; 535:10 ! 5 [131 450:12: 451:20, 21; 485:18; 527:22; 528:15; I 500:19 1958 [71 464:5: 465:22; ' 452:2. 5; 503:7; 507:11, 12; 529:12; 530:5; 533:18; i amount [12] 428:18; 450:7. 2.306 UNIQUE WORDS 3S6 NOISE WORDS 27,123 TOTAL WORDS 466:13; 481:12; 490:9; 550:1 1959 [10] 442:7; 520:19, 21; 529:3; 537:13. 21: 524:10. 12; 528:20; 564:3 5729158 [11 400:14 50 [41 458:19; 549:11, 21; 550:10 534:16; 537:2, 22 acrylo [1] 446:5 acrylonitrile [13] 446:5, 7, 10, 11; 447:19; 448:4; ! 9: 457:20; 459:5: 467:6: 496:13; 499:6. 12: 502:2; 503:7; 531:9 amounts [1] 490:12 SINGLE FILE CONCORDANCE CASE SENSITIVE WORD RANGES @ BOTTOM OF PAGE 543:18; 544:22; 554:10; 563:17 1960 [1] 433:13 1960s [81 415:12; 432:22; 434:5; 447:5; 496:14; 497:15; 499:4; 500:6 1963 [9] 400:16; 530:12, 22; 531:3; 532:1; 533:11; 500 [5] 467:17; 490:12; 549:10, 18; 550:6 50s [71 414:19: 420:1; 440:15; 446:18; 448:11; 456:15; 457:2 52 [11 471:1 527 [11 400:7 53 [1] 458:21 498:20, 21; 499:7. 13; 540:18; 555:13, 17 Act [1] 427:4 act [5] 428:2, 4; 552:11, 14, 16 Action [lj 398:7 action [5] 513:18, 22; 514:2, 3; 517:21 analysis [1] 427:12 analytical [7] 407:14; 418:15; 424:13, 14, 16: 426:8; 528:8 analyze [1] 433:22 anhydride [1] 471:11 animal [28] 437:4, 14, 16; 438:6: 439:5, 10; 446:5. 14. __________-$ 536:10, 12; 562:10 1964 [21 472:15; 473:1 54 [1] 458:21 548 [1] 400:8 actions [1] 518:5 active [1] 415:11 450:1, 6, II, 18, 22; 451:2, 15, 16, 20; 456:7, 14; $300 [I] 505:19 -I- 1965 [1] 447:2 1970 [21 415:12; 497:1 1971 [2] 506:11; 507:20 55 [31 415:1; 458:21; 459:2 555 [I] 400:9 56 [1] 415:5 activist [1] 475:20 activities [10] 418:9, 10, 11, 12, 20; 419:12; 512:16; 457:9; 459:3, 11, 17, 22; 460:4: 524:3, 8 animals [6] 425:13, 14; I (141 401:3: 424:15, 17, 20; 425:3, 5, 6. 7; 477:12; 1993 [2] 398:15; 401:4 19th [I] 483:15 562 [1] 400:10 565 [I] 400:11 518:7; 519:12; 523:11 activity [2] 418:22; 506:9 452:10, 11; 457:15; 524:2 annoying [l] 492:10 528:18, 20: 563:22; 564:1 1st [1] 506:10 58 [1/ 415:5 1 IIactor [1] 498:15 answer [8] 408:14; 422:4: 1,2,5,6-dibenzanthracene [1] 564:4 -2- -6- actual [2] 451:19: 474:12 Acute [1] 438:11 447:3; 467:6; 473:12; 482:14; 558:21; 559:1 10 (151 415:6; 450:11, 22; 451:1, 15; 452:10, 14; 465:1: 486:22; 487:2; 503:7; 505:9: 529:21; 530:2; 559:15 10.000 (1/ 425:6 100 [8] 425:12; 452:3; 2 [10] 466:12: 477:16; 484:3; 506:16; 510:11, 13; 528:7, 20; 537:17; 561:10 2,4,5-T [4] 503:11, 18: 6-dibenzanthracene [1] 528:21 6/2/58 [11 400:15 60 [11 415:12 504:3, 4 20 [91 431:21; 446:2; 496:8; \ 60s [61 415:22: 426:5; 514:7; 522:20; 524:21; 446:18; 472:11, 13: 497:1 acute [15] 438:4, 7. 9, 15: 439:1, 3, 13, 19; 440:6; 446:16; 447:7: 449:3; 456:17; 460:1; 497:5 added [2] 440:2; 515:9 additional [3/ 428:7, 9; 478:2 answered [6] 405:3; 467:5; 554:18; 565:20; 566:3, 11 answering [1] 482:13 antioxidant [1] 526:6 anybody [6] 445:6; 469:5: 554:7; 555:18; 556:13 anyway [1] 419:1 492:6, 11, 12, 13; 494:6; 501:15 535:9; 558:18; 559:10 20005 [1] 399:10 -- /-- additions [3] 473:22: 474:5; apparently [1] 499:6 475:2 appear [2] 464:12; 466:15 100.000 [11 425:5 20006 [11 399:7 7 [2] 506:17 additive [4] 439:1; 440:11, APPEARANCES [1] 399:1 1000 [1] 425:7 2005 [1] 399:15 70s [11 426:5 12, 13 appears [I] 521:18 1000th (I) 452:15 23 [1] 444:22 71 [1] 497:1 address [1] 472:19 apprised [2] 517:6; 518:12 10103 [1] 399:17 24th [lj 507:20 73 [lj 428:3 adequacy [1] 506:8 appropriate [1] 445:14 1025 [21 398:18; 399:3 28 [11 507:20 74 [31 415:1, 15; 428:3 adequate [4] 419:16; 422:12; approved [8] 430:20, 21; 10:20 [11 401:5 29 [3] 464:5; 520:14, 16 75 [11 428:3 470:21; 471:12 444:5; 445:1; 471:8; 505:1; 10:25 [11 404:13 29th [1] 490:9 adhered [1] 496:4 546:20; 559:17 10:26 [11 404:16 2:08 [1] 547:18 -8- Administration [1] 467:13 approving [1J 552:15 10:27 [11 406:4 2:15 [1] 547:21 SO [5] 431:17; 446:2; ads [1] 531:11 approximate [1] 462:15 10:30 [11 398:19 2:32 [1] 561:11 522:20; 558:14; 559:21 adsorb [2] 487:12; 532:12 Approximately [1] 416:6 10:31 [11 406:7 2:35 [1] 561:16 843 [4] 442:13; 544:10, 16 - adsorbed [5] 488:8: 505:3; approximately [9] 401:5; 10th [1] 467:14 2:40 [2] 567:1, 3 844 [5] 442:13; 521:3, 12; 532:15; 533:5; 534:4 404:13, 16: 406:7; 414:6: II [61 487:5: 488:4; 530:17, 545:9: 553:4 advance [1] 426:3 427:21; 477:18: 486:7; 18; 562:12, 14 __________ - 3 - 88C-JA-118-1-CV [1] 398:8 advised [1] 494:9 567:1 11:40 [11 454:2 11:53 [1] 454:6 12 [21 536:3; 562:12 12:24 (lj 477:9 12:25 [11 477:13 12:27 [11 477:19 12:39 [I] 486:3 12:43 [11 486:7 14th [1] 479:4 15 [5] 420:13. 20; 459:21; 460:4: 505:9 1700s [11 531:5 1776 [I] 399:6 18 [61 475:4: 508:6. 7, 9, 10: 528:9 18th [1] 531:5 19 [6[ 508:10: 509:7; 529:3; 537:13: 550:19: 563:17 1930s [21 440:4: 459:19 1936 [8/ 405:4. 10; 406:11. 19; 408:2; 409:3; 410:1; 412:19 1938 [1J 415:15 1940s [11 463:3 1947 [21 419:21; 469:19 1950 [31 403:22: 415:1; 557:21 1950s [161 432:21; 434:4; 440:16: 441:6: 444:9; 446:19. 20: 447:4: 493:22: 529:11: 534:16: 536:20; 552:9. 11. 14. 17 3 [10] 398:13; 401:4; 8th [I] 481:12 477:12, 16; 510:5; 528:20; 535:13; 561:10, 14 -A - 3,4-benzypyrene [10] a-m-a-l-g-a-m [1] 498:2 527:18; 528:10, 14, 17; a.m. [7] 398:19; 401:5; 529:6; 530:4; 536:18; 537:2, 404:13, 16; 406:7; 454:3, 6 22; 564:4 ability (31 426:4; 487:12; 30 [2] 504:16: 514:7 300 [2] 398:19: 399:3 532:12 able [21 426:22; 458:10 30s [6] 440:2: 449:8; absence [2] 428:13 456:13: 462:22; 463:2 35 [I] 413:5 absorbed [5J 498:1, 14; 499:14; 531:19; 562:19 350 [3] 467:19, 22; 490:19 abusive [11 565:21 - 4- academic [2] 417:5; 421:5 Academy /3] 413:3, 11; 4 [4] 398:15; 507:11; 528:20; 564:3 4,3 [11 484:12 4-benzypyrene [1] 528:20 40 [2] 437:2; 549:17 400 [51 452:2; 467:17; 490:12; 549:9; 550:6 401 [11 400:4 404 [1] 400:5 40s [2] 449:9; 453:2 463 [1] 400:14 465 [1] 400:15 478 [1] 400:6 486 [11 400:16 4th [2] 401:4; 483:20 414:16 acceptable [2] 467:12, 13 accepted [3j 444:7; 470:20; 496:11 access [If 412:5 accidents [1] 408:5 accompanied [1] 566:6 accompany [5] 557:2; 565:15, 17; 566:1, 4 accomplished [1] 416:16 | According [2] 447:10; 508:4 | according [3] 421:20; 422:2; i 484:13 j account [I] 470:18 I accurate [2] 480:17; 482:19 j acetylene [16] 479:6, 8; advocated [1] 554:8 aquatic [1] 425:14 AETNA [1] 398:9 area [161 408:7, 9; 411:4; affect [1] 473:14 417:8; 427:5; 430:18; 431:3: affected [1] 439:11 441:13; 445:1; 455:3; affects [41 438:12; 440:17; 513:19; 518:13; 554:21; 456:17 559:22; 566:16 afterwards [2] 424:16: areas [5/ 435:21; 489:14: 514:11 509:8; 521:19; 551:2 agencies [2] 421:21; 481:1 aren't [6/ 441:1; 491:14; agency [2] 468:18; 559:17 498:3, 17; 516:19; 525:7 ageiula [1] 519:5 arena [2] 505:3, 4 agent [1] 451:22 Aromatic [1] 530:1 agents [1] 451:11 aromatic [5] 487:1, 9; aggravating [1] 492:10 527:15, 18; 530:6 agreement [1] 398:17 aromatics [1] 531:19 Agricultural [2] 413:18; arrange [1/ 456:14 415:9 arranged [5] 419:16, 18; agricultural [1] 440:11 421:5; 456:8, 16 Air [11 508:22 arsenals [1] 417:21 air [13] 426:17; 427:12. 16, article [30] 442:3, 7, 9, 14, 19; 428:5, 20; 429:1; 459:7; 22; 443:19; 462:4; 520:8, 489:11; 506:21; 515:22; 10, 12, 19, 20; 521:3: 516:4; 564:10 523:2, 4; 527:10; 529:16; al [1] 398:10 536:1; 543:18; 544:2, 21; alarm [1] 406:10 546:10, 12; 553:1, 5, 8; algae [2] 425:2; 560:11 554:3, 10; 562:10 allow [1] 451:13 articles [17] 409:11, 20; allowable [2] 552:4. 5 allowing [1] 524:19 alone [1] 519:3 I 411:11; 462:4, 6. 12. 18. j 20: 463:8, 10. 11, 12, 13, j 14: 491:21; 492:2 amalgam [1] 498:2 asking [3] 401:16; 474:19; American [7] 413:3. 11, 14; | 509:15 From $300 to asking WATER PCB-SD0000063197 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-Seet29i COMPANY P[ 398:5, 9 508:3. 12. 18: 509:1. 5, 17; 529:14: 534:20 I decided [3/ 505:12. 13; determining [I[ 431:11 Company [9[ 399:5, 8, 19: 481:16: 482:2, 21; 486:20: 507:5; 562;6 510:2, 22: 511:5, 12. 21: 512:12; 513:1, 15; 515:1, 12, 15, 21; 517:17: corrosive [1] 551:4 cost [1] 474:12 costly [3] 473:22; 474:5; 516:8 | decision [1] 423:14 | decisions [1] 423:13 develop [l] 510:12 developed P] 421:10; 524:14 \ devote [1] 418:6 company [7] 423:6; 436:2; 518:15; 519:17. 19; 521:5, 475:2 I deep P] 443:11: 522:9 \ devoted [J] 409:14 456:12; 502:19: 503:14; 10, 13; 522:14; 523:7; counsel [8] 398:17; 404:20; I Defendants [5] 398:11; j diabetes [1] 438:15 504:17: 511:19 524:6; 526:12: 527:1, 7, 9; 478:3, 13, 19; 479:1; 404:22; 406:16: 478:4, 5 \ diabetic [1] 451:22 comparison [3] 452:5; 532:22; 537:7; 538:9; 539:9, 491:20; 562:2 Defense [1] 475:7 I dibenzanthracene [1] 528:16 499:11; 522:18 compilation [1] 487:19 18, 22; 547:8, 13; 561:5, 17: 563:2, 7, 14; 564:7; count [1] 416:9 COUNTY [1] 398:3 defense [5] 478:13. 19; 479:1; 491:20; 562:2 dibenzoanthracene [1] 528:2 I died [11 505:8 complaints [1] 435:22 completely [1] 524:16 565:1, 9; 566:22 consensus [1] 480:8 couple [9] 410:17; 414:3; defenses [1] 534:8 I diet [81 425:12, 14; 451:20: 480:6; 493:1; 520:7, 11, 18: define [3] 405:11; 406:20; ! 452:2 , 5; 524:10, 17 complex f11 553:9 consequences [1] 406:2 543:16; 561:22 470:6 j differ [1] 407:2 complexes [1] 442:5 compliance P] 469:4; consider [3] 424:20; 438:13; course [20] 411:17; 443:1; 496:10 455:12: 457:19; 458:4; defined [1] 449:19 defining [1] 453:16 difference [6] 427:5, 7; ! 444:3: 497:22; 506:3; 518:13 complied [1] 469:2 considerable [2] 440:3; 506:3 459:12; 464:16; 466:17, 20; definite [1] 479:15 considerably [2] 428:6; 478:4, 16; 489:13, 16; definitely [1] 553:22 ! 522:16 | difficult [1] 551:9 components P] 556:5; 492:9 519:11, 14; 524:13: 536:7; definition [2] 449:21; 484:4 I dig p[ 489:15; 522:17 559:16 consideration [1] 553:15 545:6, 18: 564:9 degradation [4/ 513:10, 14, digging [1] 531:7 compound [10] 407:9; considered [3] 427:13; courses [4] 408:21; 416:21, 17; 514:21 dilute [1] 553:16 446:8; 448:6; 450:15; 430:14; 471:11 22 degrees [3] 467:19, 22; dilution [9] 515:8, 11; 488:22; 490:8; 504:19: consists [1] 513:14 COURT [1] 398:1 490:19 516:17; 551:13, 15, 22; 514:4; 527:19; 530:6 constitute [1] 553:18 Court [I] 398:20 DELAWARE [1] 398:2 552:20; 554:5, 16 Compounds [1] 530:2 constitutes [2] 443:14; cover 11] 529:20 Delaware [1] 478:10 diminished [1] 428:17 compounds [24] 402:18; 427:12; 436:5; 450:2; 544:3 construction [1] 430:20 coverage [4] 460:7, 9, 11; 461:21 dental PJ 559:3, 7 Department [1] 528:9 dioxin [8] 503:2; 504:5, 17; I 505:8, 22; 543:6, 10 457:22; 487:1, 9: 492:22: consultation [2] 423:5; coverages [1] 461:1 department P5] 422:9; ! direct [7] 481:9: 517:15; 496:6; 498:18, 19; 499:20: 547:7 covered [2] 508:7, 10 431:4, 7; 445:6; 469:5; ! 529:19; 530:17; 531:16: 500:14; 514:3, 8; 530:9, 19; consultations [2] 409:6: creates [2] 407:11: 553:14 470:19, 20: 475:22; 476:7, j 532:6: 553:21 532:9: 536:17: 538:16. 17; 412:19 cross-examination [3] 9; 480:16, 21; 481:2, 3; : directives [2] 517:7, 15 540:1: 564:9 consulted [1] 412:11 539:15, 17, 19 485:13; 486:19; 517:1, 6, ' director [7] 412:13; 420:16: comprehensive [1] 401:17 contact [18] 420:8: 429:17, crystalizing [1] 524:17 14; 518:11: 519:15; 522:8; I 493:22; 511:15: 512:6: comprised ]1] 408:18 19. 21; 468:1: 488:10; cubic P] 516:5 547:5, 10; 565:5 i 517:11 concentrated [2] 425:3; 514:4; 533:2, 6, 14; 534:5, Cunningham [4] 432:20; Depend [1] 472:1 j Directors [1] 413:4 494:2 6, 10: 536:4; 562:16, 20, 433:6, 8. 14 depend [1] 471:21 | directors [10] 413:5; 414:21: concept [2] 473:11; 514:6 21 customers [3] 421:1, 12; depended [1] 416:12 419:5, 10: 518:12; 519:16. concern [11] 451:3; 479:7; contain [1] 548:15 481:2 dependent [I] 514:1 18,21, 22; 520:2 482:1, 20; 491:18; 495:3, 9; contained [6] 489:19; cut P] 482:7; 499:18 depends [8] 451:7, 8; disagreed [I] 475:20 501:10; 525:11; 545:21 496:17; 497:17; 499:7; Cyanide [3] 539:7, 11; 452:13; 474:17; 476:18; discarded [1] 551:8 concerned [8] 435:18; 500:5; 531:20 560:6 480:20; 554:21: 560:20 discharge [1] 553:21 452:20; 453:1, 6, 12; 519:8; containing [9] 494:12, 13; cyanide [31] 493:2, 13, 16; deposited P] 544:13; 545:2 discharged [1] 403:7 522:8; 551:6 542:18; 543:10; 549:9, 17, 494:2, 10. 13; 538:3, 15, DEPOSITION P] 398:13; I discharging [1] 553:8 concerning [2] 506:21; 514:20 21; 550:6, 10 contains [3] 488:7; 498:13; 17, 19, 22; 539:5, 11, 12, 20; 540:1, 7, 8, 15, 22; 400:13 Deposition [1] 398:16 disclosed P] 485:15; 491:17 | disclosure [5] 492:2, 6, 11, conclude [1] 489:17 concluded [1] 567:4 500:20 contaminant [4] 425:20; 541:5, 10: 555:10, 16; 559:20: 560:13, 17, 20 deposition [16] 401:2; 449:19; 460:8; 470:2; j 12, 14 ) discovered [1] 496:22 concludes [1] 567:2 conclusion [2] 488:16; 503:5; 504:5, 18 contaminants [6] 430:16; -D- 473:21; 477:12, 16; 478:6, i discussed [6] 441:20; 7, 9, 14, 16, 19; 561:14; j 455:15, 18; 468:13; 546:17: 495:15 conclusions [1] 506:8 conclusively [2] 528:19; 564:2 ' 433:12, 18; 434:6, 19, 21 contaminated [1] 505:7 contamination [12] 443:6, 14, 21, 22; 468:4; 531:10; d-i-u [1] 498:4 danger [2] 545:7, 16 dangerous [1] 541:10 dangers [1] 545:12 condition [2] 438:15, 16 conditions [7] 402:1; 408:6: 454:21; 455:2, 18; 458:5: 559:3 conduct [6] 437:4; 446:4, 14; 449:15; 459:11, 17 conducted [8] 429:3; 437:6, 7; 438:6; 451:14; 456:19, 544:4; 545:7, 13; 546:6; 551:8; 553:10 context [2] 453:3, 16 continue [4] 409:5: 425:15; 476:17; 551:5 continued [3] 398:22; 401:2; 410:3 continuing [2] 476:19; data [1] 467:8 date P] 401:4; 490:9 dated [3] 464:5; 466:12; 535:9 dates P] 458:20; 507:14 DAVID 111 399:12 David [3] 401:14; 555:7: 565:13 20; 459:22 544:20 day [41 474:20; 535:13; conducting [1] 446:4 contracts [2] 402:5; 418:7 540:5; 559:11 conferences [1] 416:7 confidential [1] 480:1 confined [1] 494:2 contrast [1] 489:13 control [4] 518:20; 552:14, 17; 563:10 day-by-day [1] 517:20 days [81 411:5; 421:4: 456:2; 471:17; 478:13, 14; confirmation [1] 491:18 controlled [5] 526:1; 559:3, 523:18; 565:20 confreres [2] 409:1; 412:11 5, 13. 17 DDT [5] 472:14; 473:4, 8: confitsed [1] 458:20 conjunction [2] 470:19; 481:3 connection [3] 475:5; conventions [2] 412:18; 416:10 conversations [1] 403:15 conveyed [1] 482:20 523:14, 17 deal [1] 417:18 dealing [1] 552:1 dealings [3] 411:10; 436:4; 505:10; 506:5 CONNELL [78] 406:3; 476:21; 479:20; 480:18; copied [1] 433:5 | copper [1] 556:4 j copy [2] 442:2; 486:10 517:15 ! deals [5] 405:12, 16, 17; | 406:22: 407:3 482:3 , 9, 14, 22; 488:19: ; corporate [1] 510:14 ! dealt [4] 445:4; 479:5, 7; 489:3, 7, 21; 490:15, 20: I correctness [1] 523:5 j 495:2 567:2, 3 557:21 depositions [1] 448:12 discusses [1] 481:18 derivative [6] 538:22; 539:7; discussing [3] 506:12; 540:18, 22; 541:5 542:17: 553:2 derivatives [6] 539:11, 12, Discussion [6] 404:14: 21; 540:7. 15; 541:10 406:5; 477:10, 14; 486:4: derogatory [1] 476:6 561:12 describe [6] 412:11; 427:7; discussion P] 444:18; 438:9; 513:13: 515:18; 524:15 524:8 discussions [5/ 506:20: described [10] 403:17; 519:10, 11. 14; 538:14 439:19; 455:15; 457:10; dismantling [1] 505:20 459:17; 466:6: 496:16; dispensaries PI 474:10, 16 503:9; 507:21; 530:10 describes [1] 442:17 dispensary [1] 474:10 j display [1] 523:3 designed [1] 437:16 disposal [42] 402:8; 403:13: desirable [1] 443:16 421:17. 18: 422:1, 11. 19; desorb [3] 488:9; 532:16; 423:7, 19; 443:10; 445:13; 534:1 454:9. 15: 455:17; 470:18, details [3] 560:3, 5; 566:8 20; 474:3, 6; 504:22; 506:9: detect P] 426:4, 22 512:16, 17; 516:11, 17; detection [6] 426:2 , 7, 12, 518:2; 519:13; 522:12; 14, 17, 19 523:10, 11; 540:21; 543:22; deteriorated [2] 443:7; 546:6 544:3; 546:15, 22; 547:6, \ determination (2] 430:7: I 452:18 . ! determinations [3] 430:22: \ 445:9, 13 : 9; 551:4, 6; 557:2. 20: j 564:15; 565:4 disposed [11] 422:7; 442:18: 494:17: 496:19: 497:18: 491:13; 492:4; 493:14; 494:18; 495:5; 496:20; 497:8, 11, 20; 499:2, 9; 500:9: 501:4, 13; 502:4; ! correspondence [7] 475:11, 13. 14, 17. 22: 476:2; 549:6 corroborated [3] 523:9; | death [1] 498:22 | decades [1] 498:9 j December [1] 481:12 j decide [2/ 421:3; 547:6 j determine [5] 429:18; 430:1; i 499:8: 500:6: 522:5: 540:13: 437:17; 458:3: 483:20 ! 542:13; 553:21 \ determined [4] 435:4: 457:7: : disposing [13] 433:2, 9: j 479:15; 480:14 j 512:7; 544:6: 545:13: 546:3: From COMPANY to disposing WATER PCB-SD0000063198 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311,0 Look-Seet30) 552:1. 20; 556:19: 557:8; 558:4. 14, 18 disputes [1] 505:12 disseminated [1] 485:16 disseminating [1] 480:22 dissemination [2] 480:16; 487:17 dissolve f2J 536:6, 15 dissolved /2/ 496:2; 542:5 distillation [1] 489:12 distilled 12} 496:18; 497:17 distinction [1} 474:4 distinguish fl] 405:14 ditch 11} 554:22 diuretic [2} 498:4, 5 Do-it-yourself [1} 408:11 do-it-yourself [1] 408:18 doctor [2} 451:14; 559:8 doctors [2} 480:7; 534:21 document [12] 486:12; 509:14, 16; 510:5, 11; 528:5; 529:16, 21; 535:21; 543:17; 550:15; 558.16 documents [3] 497:5; 498:21; 558:12 doesn't [6} 420:19; 471:20; 540:19, 22; 541:5, 7 dog [4} 450:4, 16; 458:3, 8 Dogs [1} 450:4 dogs 13] 457:4, 5, 19 Donnenfeld [21 398:18; 399:2 doom [1] 534:12 dosage [1] 524:2 dose [5] 438:12; 439:12; 452:4; 500:3; 524:13 doses [21 439:5; 451:8 double [1] 436:14 doubt [3] 484:12, 15; 528:9 Dow [5] 412:13; 420:12, 13. 16: 504:1 dozen [1] 418:2 Dr [71] 401:12, 17; 402:7; 404:19; 406:9, 21; 409:10; 412:10; 417:12; 434:11; 435:17; 441:22; 442:4, 12; 443:20; 444:9; 449:18; 454:8: 456:1; 462:3; 463:19; 465:21: 467:1: 468:11; 476:11, 16: 478:2; 482:5, 11: 486:9: 492:20; 526:9; 527:2. 10: 528:3, 7; 529:9, 21; 532:7: 534:13; 535:2, 6, 22; 538:2: 539:4, 13; 540:8; 541:1, 13; 542:10; 543:9, 16; 545:22; 547:13; 548:2; 549:4: 550:12; 554:20; 555:7, 9; 559:2. 20; 562:6; 565:9. 13. 15, 17; 566:1, 14. 18, 21 drank [2] 499:6. 14 draw [1] 535:22 drink [2] 429:6: 500:3 drinking [1] 429:5 Drug [11 467:13 drug [1] 559:12 drum fl] 490:4 drums [7] 443:4, 6: 522:2: 546:4, 6, 16 drunk [2] 498:21; 500:5 du [T] 412:16 due [11 513:22 duly [1] 401:8 dummies [1] 555:14 dump [2] 443:8; 444:4 dumped [1] 543:3 dumps [2] 546:19; 558:10 dumpsite [2] 545:3; 546:7 dumpsites [2] 545:8, 14 duplicate [1] 405:2 dust [7] 505:3, 6, 7; 533:3; 534:3; 535:16; 562:18 dusty [l] 505:5 dudes [5] 466:6; 517:5, 13; 518:5, 10 dying [2] 458:4 -E- eagle [1] 425:8 early [7] 411:5; 434:5; 440:4: 456:15; 457:2; 462:21; 523:18 earth [4] 513:22; 514:1; 544:13; 545:2 easier [1] 462:2 easily [1] 426:22 eastern [1] 526:4 eat [4] 425:15: 429:6: 451:9; 525:8 eaten [1] 499:17 eating [1] 429:4 eats [5] 425:4, 5 , 7,8, 11 Eck [1] 519:5 Eckert [4] 479:9, 11; 480:8; 535:9 economy [2] 417:20; 418:5 ecosystem [1] 513:19 educated [1] 467:10 effect [9] 450:8, 9; 451:3, 17; 498:2; 512:20: 515:8: 516:6; 523:3 effective [3] 552:1, 3; 554:16 effectively [1] 417:7 effects [15] 429:9; 436:1, 8, 12, 15, 19; 438:18; 439:18, 19: 440:6, 21; 452:20; 489:18 effluent [2] 403:7; 516:4 effluents [1] 515:10 effort [1] 483:20 eight [5] 415:6; 449:20; 450:4: 504:2 eight-hour [1] 439:12 electric [1] 548:9 elemental [1] 498:17 elevated [1] 499:19 elevation [2] 427:13, 15 EMMET [4] 398:13, 16: 401:7: 567:7 Emmet [5] 400:3: 401:3; 477:12, 16; 561:15 employed [1] 523:5 employee [2] 466:1; 537:15 employees [1] 503:20 enable [3] 426:14, 17, 19 enabled [2] 426:6, 12 end [6] 428:3: 477:11; 482:7; 501:8; 545:4; 561:9 ended [1] 419:21 ends [2] 425:6, 8 engaged [1] 505:1 engineer [1] 432:21 engineering [6] 407:16; 470:20; 474:11; 508:1; 509:11; 550:13 engineers [2] 423:5, 6 England [3] 399:11; 409:19; 531:6 English [2] 409:13: 410:12 enlutnce [1] 426:10 enormous [2] 497:21; 524:13 enormously [1] 452:1 entitled [1] 486:10 entry [1] 499:12 environment [13] 405:13, 17: 407:1, 3; 418:14, 16; 427:10; 457:16; 470:8; , 471:3; 496:16; 518:14; I 526:2 Environmental [1] 475:7 I 445:2 explain [3] 420:8; 427:11; I 504:13 ; 411:15: 413:6; 416:7. 20: i 424:2. 5; 445:3 j Fielding [1] 399:6 environmental [10] 432:21; j explode [1] 548:13 | fields [4] 418:18; 420:4: 468:18; 470:4, 6: 475:11, i explodes [1] 548:17 j 455:15; 466:10 18. 20; 506:9; 517:2, 8 explored [5] 443:2; 444:1; | fifth [I] 419:6 EPA [5] 422:13: 505:9, 13, 545:6, 15, 19 figure [31 435:15; 458:11; 19; 506:3 explosion [4] 443:7; 503:20; 474:22 equipment [3] 459:8: 474:9; 504:1; 546:7 files [2] 464:20: 466:20 548:9 exposed [11] 407:10; 427:19; fill [1] 545:2 erodes [1] 548:21 429:14, 18; 430:2; 440:19; filling [1] 546:16 esophagus [1] 499:15 441:7; 452:14; 489:15; fillings [I} 498:3 ESQ [41 399:1, 5,8,12 494:1; 541:14 film [11 550:3 et [3] 398:10; 413:7; 522:21 exposing [1] 433:9 filters [1] 535:16 Europe [2] 526:4; 531:18 exposure [52] 406:2; 407:10: filthy [11 531:14 evacuation [1] 504:9 422:5; 427:1; 428:19, 22; find [211 420:11; 432:16; evaluate [1] 407:10 429:4, 10; 435:5, 6, 7, 18; 447:7; 450:20; 458:9; 475:7; evaluated [1] 510:15 436:5, 15, 16, 17, 20, 22; 480:9, 11; 484:12, 15; evaluation [1] 511:18 439:13, 17; 440:5, 9; 441:6, 485:5; 492:9; 521:21; 528:9, events [2] 424:4, 8 10, 20: 447:20; 449:19, 20, 16; 529:18; 535:7; 536:16: Eventually [1] 516:18 21, 22; 452:17; 453:4, 11, 545:16; 550:16 eventually [1] 419:20 12, 13, 17; 458:11; 459:4, findings [2] 428:13; 459:3 everybody [1] 427:20 6; 487:14; 494:5; Fine [3} 453:21; 457:12; evidence [6] 429:22; 505:15; 495:3, 8; 497:16; 499:5; 476:15 534:2; 536:13, 16 500:7; 502:11; 508:16; fine [3] 420:19: 482:9; evidences [1] 499:15 532:14; 533:4; 534:3; 518:19 evolved [1] 423:4 562:18 finish [4] 477:3, 6; 482:5; evolving [1] 424:11 exposures [18] 435:11, 12; 546:13 exact [1] 414:8 exactly [1] 466:7 436:11; 437:1; 438:18; 440:6: 441:17; 447:18; fire [3] 406:9: 443:7: 546:7 | fireplaces [1] 531:7 exaggerated [l] 473:16 EXAMINATION [9] 400:2; 448:4, 13, 17, 21: 449:4, 12. 16; 453:6, 8; 497:10 j First [5] 433:21: 456:10, | 11; 467:5; 485:4 401:10; 404:17; 477:22; expressed [3] 433:8, 17; first [22] 420:11: 450:15. 527:8; 547:22: 555:5: 562:3; 501:10 21; 456:9; 460:4; 469:17. 565:11 expression [l] 551:15 22; 473:10, 13; 488:15; examination [7] 398:17; extensive [3] 484:11; 500:12; 507:15, 18: 508.10. 478:3, 4; 481:9; 482:11; 506:20; 528:8 15; 516:3; 530:8; 533:21; 491:20; 561:19 extent [2] 428:15; 449:14 537:10; 538:12; 553:5; examine [2] 455:17, 20 extractable [1] 467:14 563:22 examined [2] 401:9; 429:20 extraction [1] 467:8 fish [161 425:6, 8, 11, 12, example [4] 429:15; 435:19; extremely [2] 427:2; 498:15 16, 17, 21; 559:21; 560:2, 516:13: 525:3 extrusion [1] 502:10 6, 8, 9, 17, 18, 21 excavated [1] 545:3 eyes [1] 439:4 five [5] 445:9; 455:18, 21: except [1] 428:15 465:1; 468:12 exception [2] 415:16; 428:12 - F- floating [1] 410:18 exchange [2] 412:16; 549:5 excuse [2] 498:10; 520:9 executive [12] 470:3, 17; 517:1, 7; 518:1, 11; 519:1, 2, 4, 15; 520:1, 4 Exhibit [28] 400:14, 15, 16; 442:1; 444:15; 463:22; 465:17, 18; 475:6; 479:4; 481:12; 483:13; 486:5, 10; 490:8, 10; 500:2; 506:10; 507:4; 509:10; 520:9, 13, 21; 536:22; 550:13; 552:22; 562:9; 563:16 exhibit [61 442:1; 507:12, 18; 538:13; 544:10, 18 exhibited [3] 448:5; 487:10; 532:10 Exhibits [11 481:9 exhibits [6] 450:7: 478:22; 479:3; 495:2; 549:5: 562:7 exist [1] 480:15 existed [1] 494:14 existence [1] 422:14 exists [3] 488:10: 533:1; 562:15 expansion [1] 420:3 expect [2] 560:18, 21 expenditures [2] 474:7, 15 Experience [1] 563:8 experience [11] 408:3, 8; 418:2, 3; 431:10, 16, 20; 435:10; 457:13, 14; 530:18 expert [7] 423:21; 454:9, 12, 21; 455:5, 6, 8 experts [3] 423:16; 430:12; facilities [2] 403:5; 419:17 facility [1] 474:12 fact [16] 424:22: ^1:19; 444:20; 456:19; 461:22; 471:20; 492:14, 17: 499:18: 503:22: 506:5; 512:16: j Floor [1] 399:16 FLORIG [18] 399:12: 401:11; 404:10; 526:15; 555:6; 556:8, 12: 557:13, IS, 19; 561:2; 564:19; 565:10, 12, 22: 566:9, 13. 518:1; 525:10; 541:3; 544:9 17 factor [1] 452:5 Florig [7] 400:4, 9, 11: factories [1] 408:6 401:14; 555:7: 564:12; Fahrenheit [1] 491:2 565:13 fair [2] 557:6, 21 flow [11 423:3 fairly [2] 528:19: 564:2 fluid [6] 501:6, 7, 8; 502:9, fall [11 518:5 10 familiar [15] 407:21; 408:1; flushed [1] 496:1 410:13; 435:13; 443:19: \ focus [1] 436:6 448:6; 449:13; 460:14; j focused [6] 417:17; 428:19, 485:13; 486:11, 13: 501:16; I 22; 470:9, 12; 523:14 505:4; 548:8; 560:5 familiarity [2] 460:19, 22 family [1] 559:11 fastest [1] 457:22 fat [1] 426:21 favorable [1] 475:18 FDA [2] 467:14; 524:19 features [1] 424:21 \ folded [1] 410:7 j folk [11 498:9 j follow-up [2] 526:13: 548:4 | following 13] 488:7: 517:22: j 556:2 j follows [1] 401:9 : Food [1] 467:13 | food [13] 438:22: 440:11, February [2] 398:15; 401:4 13: 451:9, 13: 465:11; fed [21 451:15; 524:10 \ 467:7; 468:2; 491:9, 12; feed [2] 439:4; 450:6 j 525:1, 10; 549:9 feeding [1] 458:7 feel [11 467:21 feeling [1] 482:7 fellow [11 559:9 felt [11 416:16 j foods [1] 525:3 ; footage [1] 516:5 I forces [1] 411:9 forget [1] 447:11 | Form [11 565:1 female [11 450:19 j form [52] 464:12; 466:16: field [10] 409:1: 410:14, 16; | 480:18; 482:22: 489:21; disputes to form WATER PCB-SD0000063199 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-See13 11 490:15, 20; 492:4; 493:12: Gas [I] 540:10 528:4; 543:18 560:13 I industrial [66] 405:9. II. 494:10, 14, 18; 495:5; : gas [81 418:15; 426:9; happens [1] 534:7 hydrogeological [2] 445:8, j 14. 16, 17, 20. 22; 406:17. 496:20: 497:6, 8, 11, 20; : 493:2, 6, 15. 16; 494:2; lutppy [1] 526:22 12 j 20; 407:2, 5. 8. 13; 408:2, 499:2, 9; 500:8, 9; 501:4. ; 540:11 hard [2] 435:15; 495:16 hydrogeologist [1] 454:19 I 5, 10, 20, 22; 409:10, 14, 13; 502:4; 508:3, 12; | gases [21 418:4, 16 Hard-Lowe [1] 558:22 hydrogeology [1] 455:21 20, 21; 410:11. 14, 16, 17. 509:17; 510:2, 22: 511:5, gasoline [1] 440:2 harmful /2/ 438:12; 515:11 Hygiene [2] 409:19; 410:6 20: 411:1, 4. 10. 11, 17, 21; 512:12; 513:1, 15; gather [1] 421:6 harmless [1] 515:11 hygiene [12] 405:15, 16; 18, 22; 412:17: 413:1, 2; 515:1, 12, 15, gathered [1] 466:8 hasty [11 505:22 407:2, 3; 410:16, 20; 416:7, 20, 21; 417:8, 13. 21; 518:15; 519:17; 521:5. gave [31 421:18: 450:22; /iat [1] 531:12 411:11, 17; 418:19; 419:20: 18; 418:1, 6, 8. 11, 18; !0, 13; 522:14: 523:7: 451:20 haven't [2] 420:22; 524:21 466:4: 563:9 419:12, 20, 22; 424:2, 5 . 9; 524:6; 525:17: 563:2 , 7, 14; Gee [1] 447:3 hazard [11] 407:11; 467:20; hygienist [1] 469:18 429:6; 438:17; 440:20; 564:7 gee [I] 505:21 487:11, 14; 488:9; 532:11, hygienists [4] 410:17; 441:2, 4; 447:9: 463:5, 14: formation [If 443:16 I generated [5] 421:15; 13; 533:1; 536:8; 553:18; 411:18; 419:22; 517:16* II 466:4; 469:17; 517:16 formed [4] 414:18; 415:1; j 556:17; 557:7; 558:2, 8 503:7; 540:1 i geologist [1] 454:17 562:15 hazardous [1] 512:8 -I- industry [5] 419:7, 10; 420:12; 421:22; 441:10 forms [lj 497:10 geology [2] 455:20; 514:18 hazards [1] 563:10 Id [20/ 412:14; 414:4, 7, inferences [1] 557:10 formulated [1] 419:15 germane [1] 465:1 he'd [11 412:14 19; 417:1; 424:19; 436:8: influence [2] 487:11; 532:10 forth [1] 409:6 Germany [1] 503:22 headed [1] 507:17 441:22; 448:10; 452:15: information [37] 412:16; Forum [1] 413:4 give [13] 414:9: 415:20; heading [10] 487:1, 4; 463:20, 21; 465:16; 496:6: 418:20; 419:19; 420:7, 22; forum [1] 414:21 fostered [1] 418:8 i 421:11; 439:5; 450:10, 11; ! 452:14; 457:17; 458:8, 9; 507:9; 508:15, 17, 21; 509:3, 7, 11; 521:18 519:5; 529:15, 19; 531:15; 532:6; 549:4 421:2, 6, 7, 10. 14. 19; 427:9; 434:7; 435:9; 446:7; found [16j 420:6: 429:21; \ 462:15; 494:7; 559:10 headings [2] 508:9; 510:7 I've [9] 436:18; 442:16; 448:8, 16. 20: 449:3, 6, 11, 432:13, 15; 450:19; 459:9. \ given [5] 419:3; 470:16; headquarters [2] 510:15; 448:11; 465:9; 475:4; 485:5, 13; 452:16; 471:9, 13; 10; 485:6; 499:14; 514:11: 478:5; 498:8; 553:15 512:3 22; 522:16; 543:20 479:12; 480:1, 17; 481:4, 526:1; 527:21; 528:19; giving [3] 457:17: 461:20; Health [1] 427:4 idea [6] 414:9; 415:20; 22: 482:19: 485:16; 491:17; 530:4; 537:1; 564:2 481:5 health [7] 473:22; 474:2, 5, 472:8; 480:4; 551:19; 552:9 510:12; 513:9; 515:19; Foundation [3] 479:20; glad [1] 477:2 8, 15; 481:1; 517:3 ideas [1] 417:7 525:19 500:9; 501:4 j globs [1] 495:19 hear [7] 433:17; 436:20; IDENTIFIED [1] 400:13 informed [1] 518:17 foundation [16] 480:19; God [1] 493:17 475:8; 539:10; 556:13; identified [7] 421:10; 426:2; Ingested [1] 498:7 489:22; 491:13; 497:20; goes [8] 425:7: 484:5; 557:11 463:22; 465:18; 486:5: ingested [2] 497:16: 499:6 499:10; 501:14; 502:4: 485:2; 532:19; 534:7: 536:3; heard [9] 434:16; 436:18, 500:20; 562:10 ingestion [4] 429:4. 10; 511:21; 512:13; 513:1, 16: 545:4 19; 461:22; 469:9, 13. 14: identify [1] 474:6 497:6; 514:12 515:21; 518:16; 519:19; gotten [3] 430:8, 9: 476:5 551:15, 20 II [6] 417:12; 424:2, 6, 9, ingredients [1] 503:10 522:14; 523:8 government [10] 418:7; hearing [2] 436:10, 11 10. 14 Inhalation [1] 407:16 four [6] 416:13: 419:9, 22: 421:7, 20; 422:12: 423:9; heart [I] 475:9 ill [61 435:22; 436:8, 12. inhalation [4] 490:5; 533:4: 420:2; 458:2; 561:6 452:6; 491:11; 515:5; heat [11 502:7 15, 18, 19 534:3; 562:18 Fourth [I] 509:3 552:10; 559:17 heating [1] 439:10 Illinois [2] 522:9; 551:6 inhaled [1] 505:6 fourth [6] 419:6; 507:8, 10. gradual [2] 420:3; 424:11 heavily [1] 523:14 illness [1] 429:22 inhales [1] 534:9 12, 18; 535:12 grams [1] 452:2 held [4] 478:9; 488:10; illnesses [2] 438:14; 505:11 initial [1] 510:8 Fox [10] 464:2, 4; 465:4. grapevine [6] 529:11. 13; 533:1; 562:16 imagine [1] 541:12 initials [1] 468:8 10, 14, 20, 22; 466:12; 533:17; 534:16, 20; 535:14 helpful [2] 513:3, 4 impact [51 417:12; 424:5, 9, innocuous [2] 450:17, 18 549:6, 8 gravel [1] 514:10 herbicide [1] 504:20 13, 18 inquired [1] 478:18 frail [1] 450:20 greases [1] 536:5 Hercules [1] 504:1 impervious [2] 430:14; inquiry [1] 441:13 frame [1] 446:22 great [4] 417:18: 424:13; hesitant [1] 524:19 444:8 insecticide [1] 504:20 Frankly [11 464:21 473:13: 553:10 high [51 425:18; 494:7; impetus [1] 419:3 inside [2] 495:17; 501:6 frankly [1] 473:13 Fred [1] 506:11 i grocery [1] 452:7 | ground [11] 431:12, 17; 531:8, 9 higher [2] 425:9 implement [1] 517:14 implemented [2] 428:2: inspect [2] 403:4, 12 inspecting [2] 402:13. 14 free [2] 412:16; 493:16 frequently [3] 416:6; j 432:6; 434:13; 442:19; highly [1] 475:15 I 505:5; 513:11; 516:6; 544:7: history [2] 435:22; 493:9 517:19 implementing [1] 519:13 inspection [5] 402:7; 404:1. 2, 5; 556:22 544:11, 22 j 545:5; 546:5 hold [11 458:19 important [1] 407:7 inspections [8] 403:1, 10. fresh [1] 467:17 : groundwater [17] 429:15; home [3] 510:15; 511:19: impression [1] 432:19 16, 18; 404:8; 511:16; Freshwater ]1] 560:8 front [1] 537:8 430:3, 5, 8, 9, 16, 17; I 431:21; 443:1, 6, 15, 21; 512:2 hooker [1] 484:5 improper [1] 557:10 itmdequate [1] 512:16 512:9, 20 installation [1] 534:22 fill [2] 411:8: 487:5 ! 544:4; 545:7, 13. 18 hope [1] 458:8 inadvertently [2] 436:18; instance [1] 498:21 fill-blown [21 519:4; 520:5 group [7] 413:4; 415:5; hoping [1] 458:9 503:4 instances [2] 440:1; 497:22 fill-time [1] 419:5 419:20; 420:1; 475:20; horse [2] 505:3, 4 incidence [1] 531:8 Institute [3] 413:15; 415:3: fitmes [1] 502:3 480:8; 530:9 horses [3] 505:4, 8, 9 incident [4] 538:3; 539:5, 8; 462:10 Fund [1] 475:7 groups [2] 475:11, 18 hospital [2] 408:4, 7 540:15 institutions [1] 417:5 fimgi 11] 513:19 . growing [1] 491:18 host [21 499:20; 502:19 incidents [11 538:4 instructions [1] 509:11 - G- guess [7] 420:1, 2; 423:14; 453:2; 467:10; 470:8: hot [21 501:22 Houghton [10] 481:16; include [2] 474:17, 18 Insurance [4] 399:19; included [5] 411:11; 474:19, 481:16; 482:2, 21 g-l-o-b-s [1] 495:20 522:20 483:19: 484:6, 9, 19, 20; 21; 528:20: 564:3 insurance [10] 402:5: 460:7, gallbladder [1] 525:9 guessing [2] 414:7: 448:10 527:21; 528:11; 537:1, 17 increase [3] 418:8, 11; 9, 11, 16, 19: 461:10, 13. garbage [2] 444:4: 546:19 gullet [1] 499:15 hour [2] 453:22; 476:22 424:12 21; 492:14 Garrett [56] 422:10, 15; gunky [1] 495:16 house [1] 506:2 increased [8J 418:19; 426:3, insurer [1J 512:10 423:4, 11, 13, 16; 431:8: Human [1] 530:18 12, 14, 17, 19; 428:16, 17 insurers [1] 462:1 441:14, 16, 18; 442:4; -H- human [101 425:12: 457:13, increasing [1] 516:3 intended [1] 440:18 443:20; 445:7; 469:6, 20: Half [l\ 418:2 14; 488:9: 489:18, 19; Itulemnity [1] 399:8 interest [2] 472:12: 473:13 471:7, 14; 481:15, 18; half [31 453:22; 476:22; 498:1: 505:11; 530:20; independent [1] 430:22 interested [2] 435:17; 485:7, 10, 15; 486:17; 494:16 532:16 indepth [1] 411:1 438:18 488:6; 514:22; 518:6; halfway [11 414:18 humans [7] 437:15;. 451:18; undeterminable [1] 457:20 interface [1] 547:5 519:12: 520:8. 12, 19: ' hammer [1] 495:19 452:12; 457:10, 11; 505:14; indicated [4] 479:11; interfacing [1] 519:15 521:3; 523:1; 527:11; j hand [2] 533:3; 562:17 560:16 506:21; 523:2, 14 j internal [1/ 413:6 529:16; 530:13. 18. 22; \ handing [1] 486:9 hydraulic [3] 501:6, 7; I ituiicating [2] 558:12, 17 International [1] 475:14 531:17, : handle [2] 480:16; 516:2 502:8 j individual [3] 467:8; 494:1: j interpose [1] 539:14 22; 533:8: 536:1, 12; j handled [2] 417:22; 525:22 543:18; 544:2 . 21; 545:12: | handling [8] 421:16; 438:5; hydrocarbons [2] 422:22; 527:16 i 520:3 | individuals [1] 494:16 j interrogated [1] 478:12 ! interrupt [1] 482:10 546:21; 553:1: 554:10; ; 439:2; 475:16: 487:12; hydrogen [12] 493:2, 12, ! Industrial [8] 407:3; i interval [1] 428:17 557:3; 562:10: 564:21; j 512:7; 532:11; 554:17 16; 494:2, 10, 13: 538:3, j 409:17, 18, 19; 410:6; j interviewed [2] 481:6; 565:4; 566:1. 6 handy [4] 481:10; 483:13; 19; 540:8; 555:10. 16; 414:13: 439:1; 520:22 492:17 From formation to interviewed WATER PCB-SD0000063200 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-Seet32) .7inmate /3/ 488:10: 533:2; 562:16 Intravenously [I] 498:8 intravenously [I] 498:8 introduction [2] 507:9, 17 investigated [1] 505:10 invite [7] 441:22; 442:12: 549:4: 550:12. 19: 552:22; 553:4 inviting [II 466:11 involuntary [l] 438:22 involve [4] 470:15; 474:13, 14 involved [20/ 402:4; 404:7; 422:8. 10. 15. 16. 18; 423:12; 460:8: 461:12, 20; 468:11, 20; 469:1. 3; 485:10; 492:15; 495:12; 501:1; 540:14 involves [1] 546:3 irregular [1] 522:17 irritant [1] 448:5 irritation [lj 499:15 isolated [1] 438:20 issue [3] 426:2; 445:10; 520:22 issued [51 401:18: 402:2; 460:16. 20: 465:13 issues [41 402:8: 403:5, 13; 516:12 items [1/ 422:3 -J- J.F. [1/507:5 Jack [11] 431:8; 442:4; 476:21; 481:15; 486:17; 487:21: 520:8, 12, 19; 534:2; 562:10 January [7] 405:10; 406:19; 483:15, 20; 529:3; 537:13; 563:17 Jefferson [2] 398:19; 399:3 job PI 466:2; 495:12; 518:19; 523:10, 11 Joe [21 401:15; 483:19 JOHN [II 399:1 John [8/ 464:2, 4; 465:20, 22: 466:12: 477:20; 519:5; 562:5 joined [II 411:9 joint [2/ 403:22; 557:21 jointly [1] 551:3 JOSEPH [II 399:21 Joseph [1} 481:15 Journal [7] 409:16, 18, 19; 410:6: 462:9. 10 journals [13] 409:12, 15, 22: 410:7, 9. 19, 21: 411:6, 7. 10: 416:4. 5; 462:7 JR [I] 399:5 JUUE [1] 398:20 July [3] 442:7; 520:19, 21 jump [1] 405:1 June [I] 466:12 - K- K-a-n-a-h-w-a [1] 403:8 k-n-o-w [II 511:4 Kanahwa [1] 403:8 keep [9] 409:9: 416:19; 468:3; 479:14; 480:1; 517:6; 518:11; 526:19, 22 KELLY [5/ 398:13, 16; 400:13: 401:7: 567:7 Kelly [104] 400:3; 401:3, 12. 17; 402:7; 404:19; 406:9. 21: 409:10; 412:10; 417:12; 434:11: 435:17; 441:22; 442:1, 12; 444:9; 449:18; 454:8: 456:1; 462:3; 463:19, 20. 22; 465:16, 18, teach [1] 430:16 i 14; 548:3 marsei qoj.iv 21; 466:11; 467:1; 468:11; leaching [5] 430:15; 443:1; I long-term [5] 440:1, 5. 21. marketed [2] 459:21; 524:21 475:6; 476:11, 16; 477:12, 17; 444:8: 545:5, 18 lead [51 440:2, 3; 451:5; j 22; 441:4 looks [3] 464:14: 465:3; j marketing [1] 459:18 \ Marsh [2] 506:11, 14 478:2: 481:10; 482:5, 11; 495:9; 556:3 510:20 I mass [1] 495:16 486:5, 9, 10; 490:9; 492:20; Leading [8] 482:22; 489:7; lose [1] 452:1 j match [1] 566:19 500:2; 506:10; 509:10: 501:13; 508:3; 518:15: loss [3] 469:15; 502:10; j material [38] 421:12; 430:5, 520:8, 12, 21; 526:9; 527:2, 519:19: 523:7; 565:1 506:13 | 7; 431:21: 436:21: 439:3 , 4, 10; 528:3, 4, 7; 529:9, 17, leading [11] 480:19; 482:3; lost [11 544:14 i 6, 12; 440:12: 444:4; 446:6; 21; 532:7; 534:13; 535:2, 6, 488:19: 489:3; 490:21; lot [111 418:6; 421:7; 427:6: I 450:7; 453:9; 480:22: 22; 536:22; 537:8, 10; 492:5: 494:19; 497:12; 503:21; 504:1; 505:6; 514:7; I 489:11, 15; 494:11; 495:2; 538:2, 5; 539:13; 540:8; 515:12, 15; 517:17 524:14; 541:12: 546:18 499:16, 19; 500:12, 19, 20; 541:1, 13; 542:10; 543:9, leak [11 490:1 lots p] 451:10; 539:20 502:17; 503:11; 504:21; 16, 17: 545:22; 547:13; leakage [13] 431:1; 432:1, loud P] 467:3; 551:1 505:3; 514:12; 521:9: 530:4: 548:2; 549:4, 5; 550:12, 13; 3, 8, 10, 12, 18; 433:12, louder [1] 405:7 \ 541:1, 6, 8; 542:16; 554:8 554:20; 555:7, 9; 559:2, 20; 18, 22: 434:2, 5, 11 Louis [6] 408:4, 7; 504:17; materials [36] 409:9; 411:3; 561:15; 562:6, 9; 563:16; leaked [3] 434:14, 21 508:2; 516:13; 566:16 419:19; 420:7; 422:6; 565:9, 13, 15, 17; 566:1, leaking P] 433:22; 445:17 low P] 427:2; 521:18 431:12, 17; 432:5; 434:12; 14, 18. 21 leaks [3] 431:11, 16, 20 lowered [1] 516:6 438:1; 442:22; 443:11; kept [7] 411:12; 417:7; leaving [1] 428:1 lubricating [1] 536:5 496:17; 513:10; 515:9, 11: 428:10, 16; 464:20: 518:17; length [1] 566:12 lucite [1] 418:4 516:11; 540:13, 14; 542:6, 524:19 lessens P] 471:18, 21 lump [1] 514:9 9,13: 543:10, 22; 544:7, kettle [5] 495:13, 17; 496:1, lethal [1] 500:3 lunch PI 476:17; 526:20 12; 545:1, 5, 14, 17; 553:9, 4; 542:6 letter [9] 463:21; 464:4; lung [7] 533:6, 14, 15; 17, 21: 555:19; 556:3 kettles P] 489:12; 541:15, 465:17; 475:6; 476:6; 485:4: 534:5, 7, 12; 562:20 matter [1] 525:11 19; 542:3, 9, 17, 19 506:11; 525:19; 539:4 matters [6] 470:4, 6; kick [1] 505:5 letters [1] 466:8 - M- 478:18; 517:3; 547:1; 562:1 kill [5/ 560:2, 6, 10, 11. 13 killed PI 560:19, 22 kills [1] 559:22 Kingdom [1] 409:14 knocked [1] 416:14 knowledge P5/ 421:21: 430:10; 431:22; 432:2, 4, 7, 9, 11; 434:19, 20; 439:21, 22; 440:4: 441:9; 443:15; 444:14; 445:16; 455:10, 13; 469:7, 14; 513:9; 516:2, 10; 523:3 knowledgeable [3] 408:9; 455:7, 9 Krummrich [3] 551:3, 10; 555:2 -L- lab [6] 484:6, 9, 20, 22; 528:12; 537:18 laboratories [6] 419:17; 421:5, 6; 437:9, 11; 441:1 laboratory [3] 421:4; 483:4, 7 lake [1] 513:20 land [3] 546:16, 20; 552:15 Landfill PI 509:8; 551:2 landfill [19] 421:22; 430:17; 434:1; 444:5; 493:16, 18; 494:16; 496:19; 497:19: 499:8, 16, 21; 505:1; 513:21; 544:11; 545:1; 548:20; 551:1, 7 landfills [11/ 430:12, 18; 431:2; 441:11, 21; 445:3; 454:12; 498:18; 521:4; 552:15; 558:10 language [1] 410:12 Lanson [I] 409:20 large [6] 438:12; 490:5: 502:2; 504:3; 515:8; 553:19 largest [1] 413:5 last pj 401:14; 422:4; 478:6, 14, 16; 482:16: 514:7 late [6] 426:5; 434:4; 462:22; 463:2; 472:11; 497:1 latest [1] 417:7 law [1] 398:17 lawyer [1] 477:7 lay [1] 481:4 layer P] 444:10, 14 level [61 425:9; 451:12; m-i-s-c-i-b-l-e [11 553:20 458:3, 8, 11; 467:11 M.L. [31 483:15; 537:11; levels [9] 418:15; 425:18, 563:18 19: 426:4; 427:2; 430:6: ma'am [3] 431:18; 442:11: 458:7; 459:7; 525:7 549:7 liability [1] 401:18 machine PI 467:19: 491:7 liberating [lj 493:16 machinery [1] 522:8 Liberty [32] 399:18: 401:15, machines [1] 490:19 18; 402:2, 5; 403:16 , 22; magazines [1] 409:12 481:16; 482:1, 21; 483:19; MAGGIO PO] 399:21; 484:10, 22; 512:1, 20; 401:2; 404:12, 15; 406:4. 6: 555:7, 9, 18; 556:4, 13, 17, 454:2, 5; 477:9, 11, 15; 21; 557:7; 558:2, 9, 13, 17; 486:3, 6; 547:18, 20; 561:3, 564:14, 22; 565:13, 18; 6, 9, 13; 567:1 566:2 maintain [1] 411:3 library [5] 411:3, 12, 20; maintained P] 464:19; 412:3, 7 466:19 life PI 417:17: 450:1 major [1] 470:18 limit [11 453:10 male [1] 450:20 limited [4] 487:13; 488:16; Mammals [1] 560:14 532:13: 545:21 mammals [1/ 560:13 line PI 484:4; 507:15 man [14] 420:13; 425:11, lines [I] 522:1 15, 18, 21: 450:9, 12: lining [1] 495:17 liquid [III 439:9; 555:10, 451:3; 452:3, 15; 499:13; 531:12; 547:9: 565:4 19: 556:6, 14, 19; 557:8, management [1] 516:22 20; 558:4, 14, 18 manager [1] 535:2 liquids P] 551:4, 8 mandatory [4] 427:10, 14, list PI 475:2, 8 18; 535:17 listed [1] 559:21 manner [3] 512:7; 518:2; literally P] 430:18; 444:21 551:9 literature [14] 408:22; Manta [2] 399:13; 401:16 409:13: 410:14; 420:14; Manuele PJ 506:11; 507:22 441:20: 446:8; 447:21; manufacture [1] 559:12 448:3; 487:20, 22; 488:1; manufactured [4] 417:19, 515:22; 516:1 21; 496:7; 503:2 live [2] 450:5; 505:14 Manufacturers p] 413:18: liver [I] 426:21 415:9 living [2] 494:16; 560:18 manufacmrers [1] 504:3 Lloyd [3] 399:11: 404:21; Manufacturing [3] 413:21: 406:15 414:2; 415:14 local [1] 552:11 manufacntring [9] 441:3; located [1] 551:2 449:10; 474:12; 492:22; location [1] 489:19 519:2, 6; 525:14; 526:7: locations [3] 403:13; 507:1; ' 559:16 510:12 March [4] 400:16; 479:4: logical [1] 480:6 506:10: 535:9 LOIS [1] 399:8 marine P] 425:13; 560:10 Lois [3] 404:19: 406:14; mark [1] 463:20 548:2 marked [7] 442:13; 465:16, London [15] 399:11; 404:22; 486:9; 529:17: 535:21; 406:16: 460:17, 20; 461:4, 543:17 8, 10. 13, 21, 22; 469:13, Market [1] 399:15 MC P8] 406:3; 476:21; 479:20; 480:18; 482:3, 9. 14, 22; 488:19; 489:3. 7. 21; 490:15, 20; 491:13: 492:4; 493:14: 494:18: 495:5; 496:20; 497:8, 11, 20; 499:2, 9; 500:9; 501:4. 13; 502:4; 508:3, 12, 18: 509:1, 5, 17; 510:2, 22; 511:5, 12, 21; 512:12: 513:1, 15; 515:1, 12, 15, 21; 517:17; 518:15; 519:17, 19; 521:5, 10. 13; 522:14; 523:7; 524:6; 526:12; 527:1, 7, 9; 532:22; 537:7; 538:9; 539:9, 18, 22; 547:8, 13; 561:5, 17; 563:2, 7, 14; 564:7; 565:1, 9; 566:22 McConnell [i] 399.5 McConnell [10] 400:7; 482:6; 493:5: 509:13; 537:6: 562:11: 563:5, 12, 16, 21 McLennan P] 506:11, 14 mean [32] 403:18: 412:12; 416:9: 422:20; 423:6; 424:11; 433:22; 440:10; 444:17; 449:9: 457:13; 459:12: 467:12; 487:20, 21; 489:10; 503:4; 512:1; 516:13; 518:18; 522:9: 533:22; 534:10: 536:11; 540:18, 20; 541:1, 6, 7; 555:14; 559:5, 9 means [9] 436:20: 447:22; 511:1; 513:17; 516:15: 540:17: 552:1, 20; 554:16 meant [1] 559:15 Medical [5] 413:4, 8; 414:11, 13. 14 medical [49] 408:22; 410:11; 411:2; 412:13, 17: 413:3, 5. 6, 7, 14, 17, 20; 414:1, 21; 415:2, 8, 13; 418:9. 11: 419:5, 9, 15. 17; 420:16: 422:9: 431:4, 7; 445:6: 452:9; 469:5; 470:19; 475:22; 476:7, 9; 480:21: 481:3; 486:19; 493:22; 511:15; 512:6; 517:1, 5, 11. 13: 518:10: 519:14; 547:4. 9; 565:5 intimate to medical WATER PCB-SD0000063201 BSA medicinal [21 559:2, 7 medicinals [1] 498:4 Medicine [5] 409:17, 18: 413:4, 12; 414:17 medicine [41] 405:9, 11, 12, 17, 20, 22; 406:18, 20. 22; 407:6, 8, 13; 408:2, 10, 20; 409:10, 14, 21; 410:14: 411:4, 10, 22; 413:1; 416:8, 20, 22; 417:8, 13, 18; 418:1, 6, 18; 419:12; 424:2, 5, 9; 427:5; 438:17; 463:5. 14: 498:5 medium [1] 426:20 meeting [I] 519:4 meetings [4] 408:19; 412:18; 416:9; 461:7 member [4] 412:22; 413:8; 414:14; 415:10 members [3] 414:6; 415:10; 520:4 memo [6] 528:18; 529:3, 8; 535:1, 9; 537:11 memoranda [3] 464:13; 485:21; 550:2 memorandum [361 400:14, 15; 433:4; 464:4, 8, 9, 14, 15; 465:3, 4, 8, 20; 466:12, 15: 467:1, 3, 4; 468:9; 479:5, 8, 11, 14; 481:13, 18; 483:3, 15, 18; 484:17: 490:18; 491:1; 501:10; 509:22: 511:4; 563:17 memory [2] 433:5; 442:3 memos [1] 485:8 men [1] 535:14 mention [2] 473:2, 6 mentioned [9] 463:11, 15; 473:4; 474:16; 478:5; 485:7: 524:22; 525:13; 538:17 Mercury [1] 498:1 mercury [13] 497:5, 10, 16, 17; 498:2, 3, 4, 13, 14, 17; 556:3; 559:2 Messrs [1] 471:14 metabolism [2] 450:15, 16 metabolites [1] 459:9 method [7] 423:7; 443:17; 544:11, 22; 546:3, 18; 551:7 methods [5] 424:13, 15, 17: 426:10; 547:7 Michigan [1] 417:4 microscopic [1] 458:14 middle [2] 414:19; 487:6 mildly [2] 447:12, 13 mile [11 494:16 mileage [1] 516:5 miles [I] 504:16 milligrams [1] 452:3 million [111 424:16; 467:15; 490:12; 503:8: 505:19; 549:10, 11, 18. 21; 550:7, 10 millions [1/ 502:18 mind [7] 407:18; 423:6; 454:9; 474:4: 480:9; 524:20: 528:9 mine [2] 522:2, 11 mines [12] 522:2, 6, 7, 9, 10, 13, 16; 543:22; 544:3; 545:21 minimize [1] 496:8 minimized [1] 516:7 minute [5] 426:1; 465:7, 21; 503:16; 544:14 minutes [1] 561:6 Mischaracterizes [2] 509:18: 521:14 misprint [1] 510:21 Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-Seei33 Mississippi [2] 551:2; 555:1 i 556:5, 14, 18, 21; 557:7; Missouri [2] 504:9; 506:6 ; 558:3, 9, 13, 17; 564:14. objection [10! 482:11, 17; \ outflow [1] 560:3 508:18; 509:1, 5; 539:14; Outside [11 437:8 mist [I] 439:10 j 22: 565:13; 566:2 547:12: 557:11, 16: 561:17 outside [9] 437:9, 11; mixed [2] 544:12; 545:2 i myself [5] 431:4, 6; 432:13, objections [I] 482:6 444:4; 468:6: 504:17; 506:5: moderate [1] 447:10 j 16; 555:21 observations [2] 521:4, 8 513:22; 554:22; 555:2 moderately [2] 447:9, 12 J observing [1] 518:4 overburden [1] 522:2 modes [1J 499:12 ' - N- obtained [31 435:9; 510:14; oversee [1] 446:4 molding [5] 467:19, 22; . n-e-w [1] 511:7 490:14, 18; 491:7 N. W. [4] 398:19; 399:3, 6, moment [3] 466:22; 486:2; 9 533:20 name [5] 401:14; 404:19; money [1] 418:6 414:12: 433:1; 485:7 monitoring [2j 427:17; National [3] 413:17; 415:8; 428:5 462:9 monomer [14] 448:22; natural [1] 534:8 449:1, 4, 12, 16; 495:3. 4, nature [1] 495:8 14; 496:3, 10, 15: 500:1, 4, Nauseous [1] 501:19 8 nauseous [1] 501:11 monomers [1] 541:14 negative [1] 459:8 MONSANTO [1] 398:5 negotiating [1] 402:4 Monsanto [150] 399:4; neighboring [1] 436:9 401:19; 402:2, 5, 8; 403:4, neighbors [4] 435:20; 436:1, 12, 22; 404:1; 405:4, 10; 4, 12 406:11, 18; 409:7; 410:4; neutralization [1] 474:14 411:3, 12, 20; 412:3, 20; neutralized [1] 560:4 414:15, 19: 417:10; 418:22; newsletters [1] 416:1 419:4, 13; 427:18: 428:4, 8;! newspapers [1] 492:17 429:8; 431:7: 432:21: Nitro [61 402:11, 19, 21; 435:19, 20; 436:1. 7, 13: 403:6, 18; 503:20 437:5, nitrogen [1] 503:6 7, 8, 21; 440:9: 441:8; noise [1] 418:17 445:5; 446:10; 451:14; NON-ARBITRATION [1] . 452:9, 21; 453:14; 454:14; 398:9 456:9; 457:7: 459:1, 17, 21; non-miscible [1] 553:20 460:5, 9, 12, 17, 20: 461:4. nonexistent [1] 488:17 16; 462:13; 464:13, 17, 19, normal [1] 466:16 20; 465:5; 466:1, 16, 17, North [6/ 431:17; 446:2; 19; 469:1, 2, 4. 8, 15, 17; 500:19; 522:20; 558:14; 470:3; 473:15, 19, 22; 559:21 474:7; 475:1, 5, 10; noses [41 529:12; 533:19; 476:2, 3; 477:21; 479:22; 534:18; 535:15 480:15; 481:15; 482:20; note [2] 561:17, 20 483:7, 16; 486:19; 491:17; notice [2] 461:20; 490:22 492:22; 494:1: 495:21; notified [1] 468:5 496:18; 502:17; 503:3, 14; NUMBER [1] 400:13 504:6, 11; 506:5, 9, 12; Number [1] 398:7 507:5; 508:2; 509:16, 22; number [24] 408:5; 409:20; 510:14; 511:16; 512:7, 8, 427:12; 462:15; 477:12, 16; 10, 21; 518:12; 522:5; 478:17; 488:21; 492:20, 21; 523:17, 20; 525:13; 537:15, 497:4; 500:17; 506:7; 21; 510:11; 512:5; 513:8; 542:1, 2, 8; 543:11; 550:2. 516:21; 520:16, 20; 521:2; 5; 551:10; 555:10, 19; 561:10, 14; 563:22; 564:1 556:6, 19; 557:8; 558:4, 10, numbered [7] 484:2, 3; 13, 17; 562:5: 564:14, 22 486:22; 506:17; 544:10, 16 month [1] 507:2 numbers [2] 420:3; 520:15 months [11] 448:1, 2; nurses [2] 529:14; 534:21 449:20; 453:10: 458:2, 3, 4, Nussbaum [1] 399:9 6, 17 525:20 obtaining [1] 419:18 obvious [2] 510:16, 18 Obviously [1] 436:17 obviously [5] 435:7: 499:14, 17; 525:7; 531:19 occasion [1] 501:2 occasions [2] 519:22: 566:7 Occupational [7] 413:3, 8, 11; 414:11, 13, 17; 427:3 occupational [2] 408:6; 427:5 occur [2] 444:1; 504:5 occurred [3] 436:1, 9; 507:15 occurs [1] 438:16 office [5] 410:18; 510:16; 511:19; 512:2 officer [1] 452:9 offices [1] 398:18 Oh [91 411:21; 414:7; 416:21; 425:22; 451:4; 456:22; 462:21; 502:18: 538:22 oh [1] 424:19 oil [2] 504:21; 505:7 oils [1] 536:5 Okay [17] 414:4, 16; 415:8; 419:12; 420:6; 424:1; 439:8, 16; 453:19; 457:1; 465:7; 466:22; 507:20; 539:2, 3, 12; 557:14 okay [3] 527:2, 5, 7 old [21 498:9; 513:21 old-fashioned [1] 522:11 one-page [1] 444:15 one-week [1] 416:21 ones [4] 411:2; 413:7; 430:20; 503:19 ongoing [1/ 487:22 op [1] 495:15 open [9] 489:11, 13, 15; 492:11, 12, 13, 16: 548:22; 549:2 openings [1] 502:8 operate [1] 490:19 operating [2] 507:1; 558:10 operation [3] 495:16; 496:12; 525:21 operations [21 496:9: 503:5 opinion [12] 467:9, 17; 491:3; 494:3, 15, 20; Owens [8] 483:15, 18; 484:4: 528:8: 529:3; 537:11. 15; 563:18 owned [1] 402:8 oxygen [1] 503:6* 11 -P- p.m. [6] 477:19; 486:3; 547:18, 21; 567:2, 3 PAB [24] 456:2, 5, 7, 9, 11, 14; 457:4, 7; 459:1, 10. 11, 18,21; 462:4, 17; 463:8, 11, 12, 13; 475:16: 491:21; 522:8; 525:22: 526:5 PABs [2] 491:19: 525:14 package [I] 559:15 packaging [7] 440:12; 465:11; 467:7; 491:9, 12: 549:9; 550:2 page [361 442:12; 486:22: 487:2 . 4, 5 , 6; 488:4; 506:16: 507:8, 10, 12, 16, 17, 18; 508:6, 7, 9; 509:7: 510:5; 521:3, 12; 529:21: 530:2, 17, 18; 536:3; 544:9. 14. 18, 20, 21; 550:19: 553:4, 6; 562:14 pages [41 442:13; 508:10; 550:20; 562:12 paid [4] 418:13, 14, 17; 505:18 painful [1] 492:10 paper [2] 475:20: 486:18 Paragraph [1] 484:3 paragraph [21] 443:13; 484:2: 487:5; 506:17; 510:11, 13; 521:17, 19; 528:7, 10, 18; 532:6; 535:12, 13; 537:17; 545:4: 546:2; 563:22; 564:1 paragraphs [2] 484:3; 506:17 parathion [1] 402:22 pardon [8] 409:17: 422:17: 428:21; 437:10; 447:15; 470:11; 476:8, 13 part [261 405:21; 407:7; 412:7; 419:1; 422:4; 424:16. 17, 18, 20; 425:3, 5, 13: 441:2: 444:15; 457:6; 467:15; 494:11; 502:11: morning [4] 401:12, 13; -O- 496:14; 497:1, 15; 499:4; 517:5, 13; 518:10; 532:5, 7. 404:19; 406:9 mostly [1] 474:9 MOTCO [3] 432:6; 433:19; 445:20 mouse [1] 450:16 moving [1] 505:20 MS [21] 404:18; 406:8; 408:14. 17; 453:19, 22; 454:7; 463:20; 464:1; 465:16, 19; 476:11. 14; 520:14; 526:11, 14, 22; 548:1; 554:19; 555:4: Object 158] 480:18: 482:3, 22; 488:19; 489:3, 7, 21; 490:15, 20; 491:13: 492:4; 493:14; 494:18; 495:5: 496:20; 497:8, 11, 20; 499:2, 9; 500:9; 501:4, 13: 502:4; 508:3, 12; 509:17; 510:2. 22: 511:5, 21: 512:12; 513:1, 15; 515:1, 12, IS, 21; 517:17; 518:15; 519:17; 500:6; 512:6 opinions [1] 421:11 opportunity [1] 502:5 Orally [1] 498:12 order [2] 407:10; 452:17 ordinary [5] 464:14, 16, 19; 466:17, 20 organic [2] 536:5; 553:20 organisms [3] 514:1. 11; 560:10 organization [2] 525:15 organizations [5] 412:22; 17, 19; 536:1 partially [1] 553:17 participating [2] 503:14. 19 participation [11 485:8 particle [3] 533:4: 534:4: 562:19 particles [3/ 487:13: 532:13: 536:4 parties [1] 398:21 parts [111 467:5: 490:12: 503:7, 8; 529:19: 549:10, 11, 18, 21: 550:7. 10 566:21 Ms [3] 400:5. 8: 547:15 mustard [1] 418:4 Mutual [31] 399:18; i i ! \ 521:5, 10, 13; 522:14: 1 523:7; 524:6; 538:6: 539:6; 557:9: 563:7, 14 object [5] 539:15; 561:5, 19; 414:5; 416:2; 513:3; 552:12 organized [1] 566:5 original [1] 487:21 OSHA [4] 427:4, 14, 18; j j passage [1] 427 3 passed [2] 428:2. 4 pathologist (II 458:15 pathology [I] 458:14 401:15, 18; 402:2, 5; j 563:2; 564:7 403:16: 404:1; 481:16; Objection [11] 479:20; 482:2, 21; 483:20; 484:10, \ 511:12; 532:21; 537:4; 22; 512:1. 20; 555:8. 9, 18; | 547:2; 554:18; 564:19; 565:1, 19; 566:3, II 428:8 Otto [1] 539:4 i ought [1] 504:13 j ourselves [1] 438:1 I I pause [11 482:5 PCBs [6] 472:9. 473:2: I 500:18, 21: 514 8. 548:15 I peanut [2] 451:10. 525:5 I From medicinal io peanut WATER PCB-SD0000063202 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-Seet34) pellets 1101 467:18; 490:11. I plain [2] 464:14; 513:21 practices [1] 523:5 I protective [1] 534:7 reabsorb [1] 488:9 13: 491:6: 549:9. 10, 17, 21; 550:6. 10 | Plaintiff [2] 398:6; 399:4 j plankton [4] 425:2. 3 . 4, 6 praising [1] 525:21 precise [1] 561:22 | provided [2] 469:15; 471:14 ' reacted [4] 493:17; 498:19: proving [1] 468:2 499:19; 500:13 Pennsylvania [1J 399:17 i planned [2] 483:21 predicate [1] 509:14 Public [1] 508:16 reaction [2] 489:16: 495:15 people [311 420:4: 429:6; 430:11; 432:14, 17; 435:5, 9, 12. 18: 437:7; 439:16; plans [1] 470:20 Plant [5] 507:6; 508:2; 518:19, 21; 551:3 I predict [1] 551:9 I prefer [1] 479:14 ! preference [1] 476:16 public [3] 408:4; 481:2. 4 publication [3] 410:12; 492:1; 523:19 reactions [1] 489:13 : reacts [1] 540:1 ! read [38] 401:21; 408:14, 440:19; 441:7, 8; 452:9: plant [35] 402:21; 403:6; prepare [1] 471:6 publications [5] 411:13; : 16, 21; 409:9; 410:3, 10: 454:14: 455:10; 459:4: 423:5; 431:13; 435:8, 10. prepared [1] 464:16 463:10, 13; 491:20: 515:5 i 416:1, 4: 442:16; 450:20: 481:1; 483:4; 489:14; 20; 436:7; 445:18; 457:13, presence [8] 424:15; 484:6; publish [2] 462:12; 463:7 \ 460:16; 465:9; 467:3; 501:11; 504:14; 505:20; 14; 459:9; 461:5; 466:2; 490:7, 11; 528:11; 537:18; published [11] 409:12; ! 472:21; 488:6; 507:14; 516:3; 531:12; 546:18; 555:14; 557:2; 565:18: 471:10; 479:6, 13; 493:9, 559:20: 561:20 10; 494:12; 496:18; 497:18; PRESENT [1] 399:20 410:20; 442:10; 462:3, 7, 8, 508:6; 510:13; 523:2, 13; 19; 485:16; 491:17; 523:1 j 532:5, 7. 8. 17, 20: 538:12; 566:2 499:8; 500:5: 517:15, 20: present [17] 398:20; 403:3; pull [3] 529:9; 535:2, 4 i 550:22; 553:13; 562:11, 13, pepole fl/ 547:17 518:7; 529:12; 535:1; 541:9: 407:19; 448:6: 467:19; pulled [1] 417:16 j 14; 563:5, 6, 12, 21, 22; percent [13] 425:12; 451:20, 551:10; 555:2; 556:10; 478:13; 485:3; 489:18; pump [1] 502:9 i 564:5 21; 452:2, 5; 492:6, 11, 12, 565:16 493:8; 499:20; 506:1; pure [1] 540:8 reading [5] 409:22; 428:11; 13; 494:6: 501:16; 524:10, plants [19] 403:2; 404:1; 516:19: 528:13; 537:19, 22; purpose [2] 402:16; 479:18 442:9; 473:14; 508:8 12 419:16, 17; 421:18; 470:17; 556:14: 564:10 purposes [10] 474:1, 2, 3, readings [1] 409:5 perfectly [1] 471:12 474:13; 492:15; 511:16; presents [2] 443:5; 546:5 5, 6, 8, 15; 475:3; 559:3, 7 reads [1] 510:11 period [121 433:3, 13; 512:8, 21; 517:2; 547:5; president [2/ 519:1, 6 pursuant [1] 398:17 readsorb [1] 532:16 438:12, 16; 439:17: 449:22; 556:22; 564:15, 22; 566:2, presume [2] 467:12; 557:4 push [11 502:9 real [1] 507:19 453:4; 458:2; 464:22; 5 pretty [9] 412:16; 417:6; puts [1] 450:8 reason [3] 457:6; 467:20; 478:12; 507:21; 512:10 please [7] 405:7; 408:15; 424:20: 428:15; 429:7; putting [5] 402:16; 442:18; 480:5 periods [11] 440:20; 453:7, 438:10; 465:8; 467:3; 462:21; 525:6: 531:14; 444:4; 504:22; 522:2 recall [71] 403:3, 9, 14, 15, 17; 472:5, 6; 488:11; 533:2. 504:15; 550:22 540:4 Pydraul [5] 500:19, 20; ' 21, 22; 404:5; 433:1, 6, 7, 7; 534:6; 562:17, 21 pleased [2] 405:8; 442:2 prevent [1] 553:10 501:2; 502:3 l 16; 434:8. 10, 18; 436:3, permit [1] 468:14 permits [5] 468:15, 21; pleasure [1 ] 526:17 plucked [1] 476:5 prevention [2] 469:15: 506:13 i 10, 11; 437:3; 444:12; -Q-_______ ' 460:2, 3: 461:9; 464:8, 10; 469:2, 4. 8 Permitting [1] 468:14 pneumonia [1] 438:14 point [6] 438:4; 439:2, 7: previous [1] 538:14 I previously [2] 401:8; 514:7 permitting [1] 468:12 452:6; 493:9; 553:18 I primary [2] 438:21; 516:14 person [10] 420:1; 445:4, 8, points [1] 561:22 Prior fl] 492:1 12; 450:17: 451:21; 494:4; poisoned [2] 498:3; 525:9 problem [34] 412:14; 504:22: 534:9; 546:21 poisoning [5] 497:5: 538:3; 422:11: 432:18; 433:18: Personal [1] 432:13 539:5, 7; 540:15 434:5; 443:5; 462:4: 480:11, personal [13] 431:10, 15, police [1] 517:21 12, 14, 17; 481:8, 19; 19; 432:1, 2. 4, 7,9, 11; policies [7] 460:15, 20; 483:10. 11, 22; 484:5, 10; 445:16; 469:7; 518:5; 563:9 461:1, 13; 517:6, 14 485:14; 488:15, 16; 490:5; personally [17] 402:7: policy [7] 401:18, 21; 491:21: 492:2, 3 , 7: 496:22; 403:1, 4. 9, 12; 404:7; 402:2; 460:16; 480:15; 497:2; 519:7: 546:5; 553:14; 417:16; 422:9, 18, 20; 517:8; 519:13 554:1 431:18; 435:2; 455:14, 17, pollutants [1] 516:2 problems [10] 420:17, 22; 20; 556:7, 9 Pollution [1] 508:19 436:5; 458:8, 9: 479:7; pertained [1] 500:18 pollution [20] 403:5; 490:11; 510:16; 511:9; pertaining [1] 485:17 418:15; 506:21, 22; 507:22; 520:1 Peter [1] 432:20 508:22: 509:4; 510:12, 16; procedure [5] 441:3: 443:5; petrochemical [1] 442:5 511:9; 516:1; 518:7, 19; 492:8; 512:9; 546:4 Petroleum [2] 413:15; 415:3 519:8; 546:22; 551:16; procedures [1] 419:15 petroleum [1] 415:4 552:14, 16; 554:17 proceeds [1] 562:15 phenomenon [4] 472:11: | polyethylene [14] 464:6; process [17] 421:17; 423:4, tptalitatively [1] 420:4 Quality [1] 468:15 quantitatively [1] 420:3 quantities [2] 494:13: 553:19 quantity [2] 491:6; 494:10 Queeny [4] 507:6; 508:2; 518:19, 20 question [23] 404:4: 419:8; 424:7; 434:3, 22; 436:14: 467:6; 482:5, 7; 500:4; 534:13, 14, 15; 537:5; 552:4; 555:13, 22; 556:2; 557:10, 14, 18: 558:20, 22 questionable [1] 491:2 questioned [1] 550:14 questioning [3] 477:1; 515:14; 538:7 questions [45] 401:16; 404:22; 405:2; 475:8; 476:12, 14; 478:2; 488:21, 22; 490:7, 10; 491:16; 473:8; 474:1; 475:21; 478:7: 479:16: 485:22; 488:14; 489:2, 6; 490:14; 495:4, 8; 497:6: 498:22; 501:12, 15; 503:12; 511:14, 17; 512:15; 515:14, 16; 517:3; 522:5; 523:15, 21; 524:4; 538:5, 16; 542:14; 543:6. 21; 548:6: 555:12; 557:1, 6, 20; 558:1, 5, 6, 8, 11. 12, 16; 559:20; 564:13, 17 receive [2] 475:11, 17 received [5] 465:5; 475:14; 476:2; 511:15; 525:14 receiving [5] 464:8, 10; 553:11, 19; 554:2 Recess [2] 454:4; 547:19 recites [1] 483:18 j recognized [1] 423:9 ! recollection [4] 434:15; \ 437:2; 485:20; 560:1 j record [33] 401:5; 404:11, 513:10; 514:15; 515:20 Philadelphia [1] 399:17 phosphorus [4] 402:18; 417:21. 22 pliospine [1] 418:4 plithalic 11] 471:11 Physicians [1/ 413:7 Physiology [1] 407:14 pick [2] 424:17: 444:5 picked [1] 425:1 picture [1] 505:10 465:11; 466:13; 467:7; 468:1, 4; 490:12; 491:9, 12; 549:8, 13. 16; 550:2, 3 polymer [7] 449:10; 495:14; 496:7, 10: 541:16, 17; 542:18 polymerized [1] 496:3 Polynuclear [2] 527:15; 530:1 polynuclear [5] 487:1, 9; 527:18; 530:5; 531:19 12; 468:12: 479:6: 490:14, 18; 495:18, 21, 22; 497:18; 541:20: 542:2, 11. 20; 553:22: 554:1 processes [3] 421:15; 493:1; 504:6 processing [1] 541:9 produced [2] 460:5; 550:2 producing [4] 456:9, 11; 459:1 product [14] 406:1; 420:10, 492:21; 495:1; 497:4; 500:1 ,j 12, 14, 15: 406:4, 5, 6, 14; 17; 502:14; 503:1; 504:8; l 408:16; 454:2, 5; 477:8, 9, 506:7; 509:13, 15; 512:5: 10, 13. 14. 18, 20; 482:12; 513:8; 514:20; 515:7; 486:1, 3, 4, 6; 547:16, 17, 516:21; 520:7, 11, 18; 18, 20; 548:2; 561:11, 12, 521:2; 524:1; 526:10; 16; 562:5 538:3, 14; 543:5, 16, 21; recording [1] 427:9 548:4; 551:12; 555:4; 562:6, recross [2] 561:21; 562:1 7; 565:8 j recycle [1] 543:1 quote [1] 479:14 I recycled [2] 542:11, 20 redirect [1] 562:8 piece [21 514:10; 548:8 pieces [If 475:19 pills [11 498:12 ping-pong [1] 566:19 pipe /// 501:6 pipes [1] 489:12 pit [4] 444:2: 494:12: 500:14, 15 pits [6] 443:11; 500:6; 540:21; 542:14, 20; 543:3 place [14] 418:21; 422:1; 427:22; 428:8; 450:21; 504:8; 505:17: 506:20; 513:22; 516:9; 522:17; 533:5; 534:4; 562:19 placed [1] 434:13 places [1] 445:17 placing [1] 546:3 Pont [1] 412:16 population [1] 436:9 portion [2] 562:12; 563:22 portrayed [1] 531:11 position [1] 517:19 positive [3] 428:13; 450:19: 525:20 possibility [8] 442:22; 443:7; 444:1; 480:10; 490:4: 545:4, 17; 546:7 potential [8] 443:14: 483:11; 490:11: 500:18; 503:10; 504:9; 506:22: 544:3 pounds [1] 502:18 ppm [1] 467:17 practical [1] 467:16 Practically [1] 500:11 practice [2] 516:10; 518:13 15: 424:15; 425:1, 9; 437:18; 459:4; 503:2 , 4, 10; 513:18; 526:2. 4 production [2] 421:15; 541:20 products [11] 417:19; 419:19: 437:20. 22; 440:9, 10: 470:7, 9. 12; 471:3, 4 prohibiting [1] 552:19 prohibitions [1] 491:11 prolonged [1] 561:21 prominent [2] 418:5; 473:9 promptly [l] 491:16 proper [1] 563:9 properties [2] 407:9: 536:17 proposal [1] 471:10 proposals [1] 471:8 protection [1] 563:9 -R- R.J. [21 483:16; 563:18 Rachel [2] 472:14; 523:13 radioactive [1] 426:10 railings [I] 459:8 raised [1] 488:15 ram [2] 502:9, 11 ran [2] 427:14; 428:14 Rand [2] 556:21; 566:5 Rand-arranged [1] 404:2 random [1] 427:11 rare [2] 440:1; 496:12 rat [2] 450:16; 524:12 rate [3] 471:20; 494:7; 506:4 rats [41 450:3; 500:3: 524:10, 11 raw [2] 419:19; 438:1 redundant [1] 565:21 reendorsed [2] 512:14; 513:2 refer [4] 412:7; 490:8: 506:10; 507:4 reference [2] 500:2: 511:18 references [2] 528:19: 564:3 referred [9] 404:21; 467:4; 484:21; 491:19; 510:5; 512:2. 21; 519:10: 563:22 referring [1] 511:20 refers [1] 483:3 refined [4] 467:18; 549:10, 20; 550:9 reflected [1] 508:10 reflecting [1] 498:21 refresh [2] 433:5; 442:3 regard [2] 474:15; 548:11 regarded [1] 551:22 pellets to regarded WATER PCB-SD0000063203 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 Look-Seef35 retarding [1] 519:13 | 494:15; 512:19; 516:22; . save [1] 529:9 402:3, 6, 9; 403:11; 408:3: species [3] 450:17. 18. 20 regards [JJ 417:17 517:2, 8, 15; 519:12 | saying [4] 452:8; 536:15; 429:16; 431:18; 442:11; specific [2] 430:1: 553:14 regular [3] 416:10; 466:16; respective [1] 398:21 | 541:7; 554:5 481:11, 14; 482:15; 484:8; specifically [3] 538:4: 539:4: 522:11 respirator [1] 535:17 scant [I] 411:5 487:3; 488:5; 491:22; 493:4; 564:13 regulations [2] 422:12, 13 respiratory [1] 563:9 Schatz [2] 483:16; 563:18 500:22; 507:7, 13; 508:8; speech [2] 563:3: 564:8 regulatory [2] 421:20; 481:1 responsibility [1] 480:22 SCH1FFER [22] 399:8; 509:12; 510:3, 6; 521:1, 22; Spelled [1] 511:4 Rein [1] 399:6 responsible [2] 454:14: 404:18; 406:8; 408:14, 17; 527:13; 528:6, 16; 529:17, spend [2[ 411:16: 458:2 relate [1] 406:1 546:22 453:19, 22: 454:7; 463:20; 22; 530:21; 531:2, 21; spent [4] 442:4; 504:21; Related [1] 476:9 rest [3] 419:8: 476:1: 464:1; 465:16, 19; 476:11, 532:4; 505:19; 553:1 related [8] 409:21; 413:1; 510:13 14; 520:14; 526:11, 14, 22; 533:9, 10; 534:15; 535:7, sponsored [1] 556:21 429:3: 471:4; 476:7; 526:6; restricted [1] 514:18 548:1; 554:19; 555:4; 18, 19; 536:2, 9; 537:20; spoonful [1] 524:11 539:18 result [4] 439:18; 440:5, 6; 566:21 538:1, 10, 11, 13; 540:16; spot [11 502:12 relating [7] 483:21; 489:1; 536:7 Schiffer [6] 400:5, 8; 541:15; 543:7, 8, 19: 545:3, spray [1] 505:2 491:21; 497:5; 506:7: 520:7. resulted [1] 488:16 11 results [1] 450:19 404:20: 406:15; 547:15; 548:3 10, 11; 546:8; 549:7: 556:16; 558:11, 15, 19; sprayed [1] 505:2 spraying [1] 439:10 relations [1] 481:2 Resumed [I] 400:3 Schwalb [2] 398:18; 399:2 559:14; 563:1 spread [1] 516:4 relationship [7] 405:13; resumed [1] 401:8 science [3] 405:19; 407:5; site [31] 402:8, 10, 16; Square [1] 399:14 407:1; 466:9; 470:7; 475:5; retained [1] 464:21 408:10 421:18; 422:1; 430:13; St [6] 408:4, 7; 504:17; 504:10: 546:14 retainment [1] 464:22 sciences [3] 407:12, 20; 431:17, 21; 432:6, 7, 8, 10, 508:2; 516:13; 566:16 relative [2] 502:15; 524:1 retired [1] 414:20 408:1 12; 433:10, 13, 19, 20; stack [1] 436:17 relatively [1] 496:13 reveal [1] 551:7 scientific [3] 430:11; 467:5; 434:6, 12, 14, 19, 21; stacks [2] 436:21; 516:4 relied [2] 435:5; 471:13 reverse [1] 450:14 525:15 436:1; 443:8: 444:5; 445:20, staff [3] 469:18; 546:21; relying [1] 435:8 review [3] 410:21; 411:1; scientists [2] 434:16; 555:15 22; 522:19; 554:1; 558:22 547:5 remain [3] 533:6; 534:5; 465:7 scope [1] 539:15 sites [10] 402:13; 445:10; stand [1] 401:8 562:20 RICHARD [1] 399:5 scrotal [2] 531:9, 17 446:2; 455:18, 21; 468:12; standpoint [2] 421:16; remained [1] 533:13 rid [1] 422:22 scrubbers [1] 474:14 546:16, 20; 551:7; 552:15 438:14 remedy [1] 498:9 Right [4] 450:13; 455:14: se [1] 539:11 sitting [1] 564:13 start [15] 405:9: 406:10. remember [16] 442:9; 459:16; 541:18 second [6] 484:4; 486:2; situation [2] 475:16: 506:4 17; 420:10; 431:5: 432:15; 444:13; 465:10. 13; 479:8; right [19] 407:18; 412:4: 493:3: 521:4; 527:14; 529:8, 427:21; 448:6; 453:14: 487:5; 508:17; 533:22; \ 564:2 six [2] 449:20; 453:10 six-month [1] 458:16 434:2, 3; 436:16; 444:2: 445:10; 453:1; 458:7; 10: 538:7; 541:15; 543:2; 462:22; 476:10: 485:11, 20: I secondary [2] 516:16, 18 skin [9] 437:14: 439:3: 520:13; 564:1 551:13; 566:10, 14 527:1, 3, 6; 532:9, 17; section [8] 442:15, 16, 17; 487:15; 488:9, 11; 532:14, started [8] 405:4. 10; remind [1] 458:22 533:9; 538:8; 540:16; 527:15; 530:1, 8; 550:22: 16; 533:2; 562:16 406:11; 419:21, 22: 449:9: remodeling [1] 470:18 548:19; 554:15 562:14 skip [1] 563:13 457:15; 506:2 remove [1] 495:17 ringing. [1] 406:10 seeking [2] 460:8, 11 skipped [1] 533:20 starting [6] 409:2; 412:19: removed [2] 467:21; 468:1 risk [15] 433:8; 489:17: self-training [1] 408:13 slides [1] 458:16 417:16, 17; 419:3; 562:14 rendered [1] 515:11 490:1; 494:4, 6, 16, 20; seminars [5] 408:20; 409:5; slightly [1] 482:5 starts [2] 532:9; 566:20 repeat [31 424:7; 482:16; 496:14; 497:15; 499:4, 5; 416:7, 10; 417:3 slower [1] 482:13 STATE [1] 398:2 557:17 500:7, 11; 533:14, 16 send [1] 466:8 smaller [1] 450:8 state [18] 406:14: 418:10; repetitious [2] 539:16; 547:3 River [3] 403:8; 551:3; sense [3] 423:2; 518:4; Smith [1] 539:5 421:21; 422:12; 434:17: rephrase [2] 424:3; 557:18 555:1 552:16 smoke [1] 564:10 441:5, 10, 12; 443:5, 13: replied [1] 465:15 river [2] 425:1, 2 sensitivity [2] 424:12; smoking [1] 534:11 465:22; 492:13; 504:12; reply [2] 465:13, 17 rivers [2] 515:9, 10 426:10 Society [2] 413:9; 414:11 535:15; 551:5; 552:13; report [28] 400:16; 448:12; road [1] 564:10 sentence [11] 485:5; 488:6; soil [5] 429:17, 21; 430:3; 553:8; 554:11 458:18: 486:10, 19, 22; roads [11 505:2 530:8; 531:16; 538:12; 454:21; 455:2 state-of-the-art [3] 422:11: 437:18: 488:7; 508:4, 6, 7; Robert [1] 506:12 562:12, 13; 563:6, 21; soils [2] 426:12; 429:19 470:21; 512:17 518:22: 527:15; 529:13; role [2] 460:11; 512:9 564:2, 6 sold [2] 503:2; 504:21 stated [2] 415:17: 554:12 530:13: 531:1, 17; 533:8, roughly [3] 414:22: 476:20, sentences [3] 442:21; solid [5] 403:13; 495:16; statement [2] 484:15: 10: 536:12; 550:13, 22; 22 553:14; 563:13 516:14, 15; 551:4 501:16 556:21: 558:2, 6, 7, 8; routine [2] 427:12; 441:2 separate [1] 422:3 soluble [2] 553:17, 18 statements [1] 473:17 564:13 routinely [1] 428:12 serious [1] 540:4 solution [3] 536:8; 551:16; States [5] 409:13. 16; reported [6] 421:1; 470:3; rubber [1] 526:7 seriousness [2] 487:11; 554:6 410:7; 502:19; 526:5 471:2. 3; 538:4; 564:15 rudimentary [1] 420:21 532:11 solvent [8] 496:1, 2: 536:7; states [3] 464:5: 490:18; Reporter [1/ 398:20 rule [1] 429:7 service [2] 415:16; 509:11 542:3, 5, 8, 17, 18 552:11 reporter [2] 408:16; 481:6 run [51 427:12; 457:22; services [1] 469:15 solvents [4] 536:5, 6; 543:2; statute [1] 427:7 reporters [1] 481:5 458:12, 14 sets [1] 405:21 556:3 stay [2] 527:3, 5 reporting [3] 470:15; running [4] 428:12; 458:13; settling [2] 402:17 somehow [1] 505:13 stayed [3] 415:1. 5; 514:9 516:22; 539:5 505:5; 543:20 seven [4] 450:2, 4; 457:22; somewhat [1] 551:6 steadfast [1] 429:7 reports [13] 428:11; 458:19; runs [1] 545:9 504:2 somewhere [1] 561:18 steak [11 525:4 471:6: 510:8, 17; 511:10, Sewage [1] 520:22 soot [30] 479:8; 481:8, 19, steps [3] 416:19; 428:7, 10 15; 512:20; 513:3, 4; -S- sewers [2] 543:3; 553:9 22; 482:1, 20; 485:18, 21; stop [5] 406:3; 457:7; 556:17; 557:7; 564:16 Saccharine [I] 451:20 represent [2] 401:15: 406:15 saccharine [9] 451:21, 22; representing [1] 548:3 452:3, 7; 524:3, 9, 13. 16, request [1J 442:14 19 requested [1] 408:16 Safe [2] 541:4, 7 require [1] 467:8 safe [61 422:1; 438:5; requirements [1] 427:22 458:11; 512:9; 541:1, 6 reredirect [1] 561:18 safely [2] 421:13; 467:7 Research [1] 475:15 Safety [1] 427:3 research [10] 466:3; 483:4, safety [3] 439:2; 466:2; 7; 484:22; 485:9, 13; 503:9, 523:4 15. 16. 18 sale [4] 501:2: 559:12, 14. resettlement [1] 504:10 15 resevoirs [3] 443:1: 545:6, 18 ! sales [11 500:18 salespeople [1] 468:5 residents [I] 505:19 residual [2] 496:17; 497:17 j I saltwater [1] 560:8 samples [1] 459:7 residue [1] 495:13 sampling [1] 490:2 respect [9] 480:15; 481:8; sanitary [2] 544:11; 545:1 shade [1] 447:10 share [1] 442:2 sheet [1] 423:3 shells [1] 417:22 shelves [1] 452:7 shot [1] 458:16 show [4] 424:15: 446:11; 457:3; 463:21 shower [I] 524:12 showing [1] 423:3 . shows [1] 488:2 j shrimp [4] 425:5, 7, 8, 13 i shut [1] 492:16 ; signature [2] 423:15; 468:8 ' significant [1] 424:1 ! Silbert [2] 398:18; 399:2 I single [1] 439:6 i single-page [I] 479:5 | sir [67] 401:13, 20, 22; 487:13; 488:10; 527:22; 528:9, 15; 529:12; 530:5: 531:20; 532:12; 533:1, 19, 22; 534:1, 9, 17; 535:15; 536:7, 14, 17; 537:2, 22; 562:15 sorry [3] 449:9; 535:13; 539:10 sort [4] 411:9; 417:7; 474:11; 504:21 source [4] 513:9; 514:20, 22; 515:19 sources [2] 442:5; 515:4 South [5] 431:21; 446:2; 498:9; 522:20; 558:18 speak [1] 405:6 j special [1] 496:12 specialist [1] 507:5 specialists [1] 508:1 459:2; 526:2; 561:18 stopped [5] 406:10: 459:1. 3; 525:13 storage [1] 435:21 ' store [1] 559:10 stored [1] 467:18 strange [2] 487:10: 532:10 stream [5] 422:22; 553:11, 19; 554:2; 560:3 streams [8] 553:10, 16. 22; 554:9. 15; 555:11: 556:6, 15 Street [4] 398:19: 399-3. 6. 15 strict [11 467:5 strip [11[ 322:1, 2.6.7. 10. 13, 16: 543:22; 544:3: 545:21 strongly [1] 514:7 From regarding to strongly WATER PCB-SD0000063204 BSA Depo of R. Emmet Kelly Monsanto v Aetna February 4. 1993 Cr.54311.0 Look-Seet36l structure [5] 486:11, 19: talking [23] 430:12: 435:16; 558:20; 566:16 transfers [1] 554:1 520:13: 529:17: 535:22: 516:22: 527:12; 562:11 i 443:4: 480:9, 21: 487:8; text [II 507:19 transportation [1/ 422:6 562:9 studied [3] 420:6: 455:14: 488:1: 493:18; 498:17; textbooks [1] 411:18 Travelers [9] 399:7: 506:13: I V-4 [1] 506:10 530:9 502:6: 503:17; 507:11: Thank [11] 463:19: 482:14; 508:1; 511:14, 16; 512:1, V-5 [2] 507:4: 550:13 studies [11] 438:6; 448:9: 459:11; 460:1. 4; 474:18; 483:21: 488:14; 504:4: 524:3, 8 study [9] 435:4: 440:22, 522:19; 528:14; 531:4; j 539:1. 21; 540:19; 546:9. j 14. 17; 554:22; 555:1 ' talks [4] 534:21; 545:6, 15; j 549:8 520:16; 526:9; 547:15; 10, 15; 550:14 V-9 [11 475:6 550:17; 565:7, 9; 566:17, treated [1] 403:7 18, 21 j treatment [8] 402:21; | Vague [1] 513:15 I vague [1] 560:1 thereabouts [2] 473:1: 477:1 | 471:11; 474:13: 516:14, 16. | vapors [1] 418:15 they'd [1] 505:6 18 varying [1] 439:5 457:18: 481:19; 483:3; ; tape [1] 401:3 they'll [1] 516:18 trillion [I] 424:18 vegetables [1] 525:6 485:17; 487:22; 503:20: tar [4] 497:17; 530:9; They're [1] 516:16 true [6] 450:6; 533:3; vessel [1] 490:3 514:15 531:18; 564:10 they're [7] 439:11; 462:18; 534:2; 535:16; 554:11; vessels [1] 489:15 stuff [5] 425:5; 436:17: tarry [7] 442:22; 443:11; 491:6; 498:18: 505:5; 562:17 vice [2] 519:1, 6 452:4; 459:8; 540:20 544:12; 545:1, 5, 17: 553:8 513:11; 518:21 ntmor [3] 496:9, 12, 15 Video [I] 399:22 styrene [10] 446:15, 16; ; tars [19] 442:4: 446:15, 16; thick [1] 556:22 tumors [6] 457:18; 496:5, video [3] 477:11. 15: 478:19 447:8: 448:14, 17; 494:12; 447:8; 448:14, 17; 493:8, thinking [5] 422:2; 430:11; 8, 22; 524:14, 18 videocassette [2] 561:9, 14 500:1, 4, 8; 556:3 17; 494:12: 496:17, 18; 475:21; 506:1; 523:10 two-weeks [1] 416:22 view [5] 438:5; 439:2. 7; subacute [I] 447:22 499:7; 500:5; 522:13; 531:7, Third [1] 508:21 two-year [2] 458:1: 459:12 443:20; 452:6 subchronic [2] 447:22; 448:4 20; 542:15; 546:3; 553:15 third [3] 458:10; 544:9, 18 type [9] 430:13, 19; 441:11: views [4] 433:2, 15, 16; subheading [1] 510:8 tasks [1] 409:2 Thirty-Seventh [1] 399:16 462:18; 475:12; 490:2; 434:4 subject [12] 444:17; 464:5, team [2] 404:2; 507:5 Thomas [3] 398:19; 399:3, 530:19; 531:11; 563:10 village [1] 504:16 6; 466:13; 478:17; 482:17; tear [2] 505:17; 506:1 9 types [21 495:15; 544:6 vinyl [24] 448:19, 21, 22; 483:3; 492:21; 508:11; 512:19; 514:15; 557:16 tearing [1] 505:19 Tebbens [2] 528:20; 564:3 thorough [2] 443:15; 506:22 thoughts [1] 506:3 - U- 449:1, 4, 10, 12, 16; 495:2. 4, 13. 14; 496:3, 7. 10, 15; subjects [51 506:13; 508:7, Technician [1] 399:22 9; 519:16; 523:3 technique [1] 430:19 subscribed [2] 410:11, 19 technology [2] 426:3, 6 Subsequent [lj 424:10 telephone [1] 525:19 substantial [1] 450:7 j telling [1] 480:3 subsurface [1] 443:16 \ tells [1] 420:18 successfully [1/ 421:19 temperature [1] 502:1 suffer [1] 540:4 temperatures [2] 491:7; sufficient [3] 423:10; 499:19 470:21: 518:2 Tennessee [2] 402:12, 21 suggesting [1] 509:14 tenure [1] 462:13 suggests [1] 443:20 term [3] 402:14, 15; 496:11 Suite [2] 398:19; 399:3 terms [4] 402:1; 460:22; sunlight [1] 514:3 469:8: 551:20 SUPERIOR [1] 398:1 Test [11 551:7 supervision [1] 559:8 test [18] 427:18; 429:11, supplies [2] 443:15; 544:4 13; 438:2, 4, 7; 439:13; suppose [1] 440:2 440:9. 16; 441:1, 5; 450:2; supposed [2] 499:17; 502:8 451:15; 457:11; 458:1; SURETY [II 398:9 475:10 surprise [1] 543:14 surprised [1] 469:10 tested [5] 439:1; 440:10, 21; | 452:10 survey [4] 507:5, 14; 510:8; | testified [14] 401:9; 412:10; 557:21 ; 423:11; 449:19; 456:1; suspected [4] 484:7; 492:3; 460:7; 462:3; 470:2; 471:17: 528:12: 537:19 \ 473:21; 474:19; 524:2; suspicion [3] 450:8; 451:5; , 549:14; 564:21 480:7 , testifying [1] 472:10 uspicious [7] 450:11; testimony [3] 474:1; 503:9; 451:4, 11, 12, 17; 456:5; \ 519:11 457:16 swallowed [1] 429:12 j testing [33] 427:14; 428:12, ! 19: 429:9; 430:1; 437:19: sweeps [3] 531:5. 11, IS 438:11, 21; 439:3; 440:1. 3; sweetening [11 451:22 j 441:4; 446:16, 17; 447:18; sworn [1/ 401:8 j 448:13, 20: 449:15; 450:2, symptoms [2] 428:14: 540:5 | 3; 451:6; 456:14, 16, 19. system [13] 464:22; 489:1, 21; 457:1, 3, 6, 15; 459:13, 10. 20; 501:3; 502:2; I 16, 18 546:15: 548:11, 14, 18. 21: | tests [23] 426:11; 428:14. 549:1, 2 I 17. 18, 22; 429:3, 18; systemically [1] 448:7 i 437:4. 6, 7, 13, 14, 16. 20; systems [2] 489:13; 548:5 440:14: 446:5. 11, 14: - T- 456:7: 457:9, 10; 459:22 tetraethyl [1] 440:3 tablets [II 559:10 tails [1] 531:12 takes [4] 440:22: 457:20. 21; 458:6 talk [6] 412:14: 426:1: 443:10; 519:7: 538:15 talked [19] 409:1; 422:4; 441:14; 455:6: 482:10; 483:19: 518:6: 519:21: 520:3; 527:14; 528:5, 6: 529:20; 538:15. 18, 21; 540:5; 545:12 Texas [51] 430:13; 431:2. 12; 432:7: 433:3, 9, 19: 434:6: 445:1, 2, 3, 4, 18; 449:10: 454:22; 455:2, 18: 461:4: 466:1: 468:12, 15. 18; 479:6, 9; 481:19; 483:4, 8; 485:12; 488:15; 493:9: 494:11, 14; 496:18; 497:18; 499:7; 500:5; 522:12; 523:5; 527:22; 529:11; 530:5; 533:18: 534:17; 540:14; 546:15; 552:13; 554:22: thousands [2] 430:18; 445:1 threat [2] 443:14; 544:4 three [19] 408:4; 417:2; 419:5, 9; 440:22; 448:2; 458:1, 2. 6, 7, 17: 462:16; 463:12. 13; 466:9; 478:14: 492:15; 561:20; 562:2 threw [1] 546:20 throw [1] 546:18 throwing [5] 444:2, 3; 546:16; 554:8, 14 thrown [2] 465:2; 511:7 Thursday [1] 398:15 tightly [4] 487:12; 488:8; 532:12, 15 till [3] 415:1, 15; 480:9 Times [9] 504:9, 10, 11, 13, 16: 505:1; 543:5, 6, 10 times [4] 416:13; 421:7; 502:10; 565:20 tissue [4] 533:6, 14; 534:5: 562:20 title [2] 466:4: 486:18 tolerable [1] 524:2 toluene [4] 502:14, 15, 17; 556:4 topic [1] 463:5 topics [2] 412:17; 462:17 totally [21 539:16: 557:10 tour [1] 566:5 tours [1] 557:3 town 13] 505:18, 20; 506:2 toxic [16] 407:9; 439:6; 446:12, 13; 447:10, 12, 13: 458:14; 489:17; 497:10; 498:2; 516:6; 525:7: 551:4 toxicity [23] 406:1; 429:11; 437:18; 438:2, 7. 9, 11; ultimate [2] 467:20; 491:18 unacceptable [1] 467:15 uncontrolled [1] 559:11 undergoing [1] 541:8 underlie [1] 405:19 understand [4] 422:5; 529:15; 535:14; 542:2 understood [1] 513:14 undertake [4] 409:2: 419:13: 456:7; 457:18 Underwriters [1] 399:10 underwriters [3] 404:20; 406:15; 548:3 undoubtedly [2] 487:13; 532:13 undue [1] 406:2 Unit [1] 511:19 unit [4] 452:15; 502:7; 510:15; 512:3 United [6] 409:13, 14, 16; 410:7; 502:19; 526:5 units ]4] 451:1, 16; 452:10, 14 University [1] 417:4 unloading [2] 490:3 unpublished [1] 435:10 unrealistic [1] 524:16 unrefined [5] 490:11; 491:6; 549:9, 17; 550:6 unsafe [1] 505:14 untreated [1] 554:8 urine [2] 426:21; 459:10 Urology [1] 462:11 user [1] 467:20 uses [1] 451:21 usual [31 413:6: 450:3: 542:22 446:5, 14; 447:7; 448:5; /- - 471:18, 21; 492:21; 493:2; 494:4, 7, 15; 496:15; 497:22; 499:5; 500:7: 502:15 toxicological [14] 419:18; 420:6, 21; 421:3. 6, 9, 14; 435:10; 446:6; 450:19; 474:18: 487:21; 503:21 toxicologists [I] 524:15 Toxicology [2] 409:17: 410:7 toxicology [3] 405:19; 407:5; 420:1 trace [3] 424:19, 20; 430:6 training [2] 408:11, 18 transfer [2] 425:20: 502:7 transferred [1] 418:21 j V-12 [1] 509:10 V-2 [21 481:10, 12 V-21 [2] 538:5, 8 V-23 [1] 479:4 V-24 [1] 535:6 V-26 [2] 500:2; 520:9 V-29 [41 442:1; 520:21: - 543:17; 552:22 V-3 [7] 481:10; 483:13; 528:4; 536:22; 537:8, 10; 563:17 V-34 [1] 444:15 V-35 [61 400:14; 463:20, 22; 490:9, 10; 549:5 | V-36 [5] 400:15: 465:17, 18: 466:11; 549:5 | V-37 [71 400:16; 486:5, 10; 541:14. 20; 542:5 . 9. 13, 18; 555:22 Virginia [1] 402:11 vis-a-vis [1] 450:16 visit [1] 461:4 visited [2] 565:15; 566:2 visits [2] 564:14, 22 volatilization [1] 499:18 volatilize [1] 439:9 volatilizing [1] 500:12 VOLUME [1] 398:13 volume [6] 401:3: 477:12. 16: 557:1; 561:10. 14 voluntary [2] 438:22: 440:13 ' - W- Wait [3] 503:16: 533:20: 544:14 Wald [1] 399:9 walking [1] 500:15 wanted [2] 474:7: 518:1 wants [1] 452:1 War [6] 417:12; 424:2, 6. 9, 10. 14 war [6] 418:3. 21; 419:2. 6, 14: 463:1 Washington [4] 398:14: 399:4. 7, 10 Waste [1] 423:19 waste [44] 402:8: 403:13; 422:1, 6, 11, 18: 435:20; 440:19; 442:5: 445:13. 16: 454:9, 15; 455:17; 470:18; 471:11: 474:3 , 6. 12; 494:11; 497:18; 504:22: 506:8; 512:16, 17; 516:11. 17; 518:1; 519:13: 522:5; 540:21; 541:4. 8; 543:9: 546:4. 22; 547:6. 9; 555:19: 557:2. 20: 564:15: 565:4 Wastes [1] 520 22 wastes [38] 40- 22; 421:15. 422:7; 423:3: 4.3:3. 9; 438:3, 5; 440:16. 18. 441 5: 442:15, 18; 443:21. 22. 445:9, 18; 470:15; 471 2. 4. 474:14: 494:13: 512.8. 516:14. 15; 551:4; 552.2. 20; 553:15; 555:11. 556 6 14, 19; 557:8: 558 4. 14. 18 Water [4] 445:2, 5. 468 15 509:4 water [16] 403:5. 6. 425.4. structure to water WATER PCB-SD0000063205 bsa ______ Depo of R- Emmet Kelly Monsanto v Aetna February 4, 1993 Cr.54311.0 10: 426:15: 506:21: 5'4:9: worked [7/ 409:7: 410:4; 5/5:9: 516:1: 545:5: 546:5. 412:20: 436:13: 441:8; 22: 553:17, 18; 560:17 453:14; 465:5 \ wavs 111 442:17 worker [221 405:13, 18; j We'd [I] 412:17 we d [11 518:21 406:2; 407:1, 4, 9; 422:5; 427:10, 15, 16, 17; 428:19. well [4] 406:10; 421:3; 22; 429:3, 9, 12, 13; 435:5. 485:5; 526:2 We're [181 401:3, 4; 11; 453:12, 13; 495:3 workers [29] 419:16; 420:7: | 404:12. 15; 406:4, 6: 454:2, 421:1, 11; 427:19; 429:18. 5; 477:9. 13. 18; 486:3. 6; 20; 430:2; 435:6, 13, 16; 504:12; 547:18, 20; 561:11, 436:6; 452:21: 457:17; | 16 459:10; 481:1: 492:3, 12; j we 're [8/ 423:3: 430:12; 495:9; 496:5. 13; 500:15; 476:19: 477:7: 492:7: 529:11: 533:18:534:17; ! 493:18; 502:6: 522:19 540:4; 541:13, 22; 542:1 I We've [21 420:21; 482:4 working [14] 405:4, 9, 13; 1 we Ye [81 420:20; 455:18; 468:12: 471:10; 480:6: 406:11, 17; 416:12; 418:14, ! 16; 420:4: 453:9, 11; | 519:6; 535:21; 553:1 Weaver [1] 506:21 457:16; 484:13; 535:15 ; World [6] 417:12; 424:2, 6. j week [8] 401:14; 478:6, 17, 9, 10, 14 19; 479:3; 483:20; 534:11; world [1] 441:1 559:11 worried [1] 453:7 weeks [2] 408:12, 21 worry [4] 452:4, 10, 12, 15 weight [1] 452:1 wouldn't [3J 430:8; 441:17; Welge [11 399:13 452:4 wells [11 551:7 wrap [2] 549:13, 16 weren t [12] 404:7; 411:6, write [1J 544:6 ` 19: 428:9; 435:13; 463:18; writes [2] 530:18; 546:10 i 518:18: 522:9; 554:14: written [12] 418:7: 420:15: ' 555:14; 565:20: 566:12 West [11 402:11 442:4: 465:4: 466:16: 475:13; 487:18; 491:1; < \ Wheeler [131 422:10, 15; 423:4. 11. 13, 16; 469:21, 520:8. 12, 19; 537:11 wrong [3] 513:5; 518:21; \ ! 22; 471:7. 14: 518:6: 557:5; 520:9 ! 566:6 wrote [121 466:12; 527:11: whenever [1] 421:18 whereas [2] 405:17; 425:13 529:9; 530:13, 22; 535:1, 13; 544:2, 10, 21; 546:12: ! Whereupon [2] 401:6; 567:3 554:10 | wider [1] 516:5 Wye [6] 432:7; 433:3, 9, j widespread [2] 418:1; 525:7 19; 434:6: 558:20 Wiley [11 399:6 Williams [21 483:19; 566:6 - X- Wilmington [2] 401:15; 478:10 wipe [11 459:7 X-ray [1] 492:11 xylene [1] 556:4 WITNESS [671 400:2; - Y- 453:21: 476:13, 15, 18: 477:4: 479:21; 480:20; Yeah [3] 414:10; 416:18; 482:13; 483:1; 489:4. 8; 544:17 ; 490:1. 16. 22; 491:14; year [9] 411:19; 415:9; j 492:6; 493:15; 494:20; 495:6: 496:21; 497:13, 21; 499:11; 500:10; 501:5, 15; 416:11, 13, 14; 449:20; 505:21: 526:8 years [32] 408:4; 413:2; I j 502:5: 508:4. 13. 19: 510:3: 414:3. 5, 7; 415:6, 7; j 511:1. 6. 22: 512:14: 417:2; 420:13, 21; 437:2; j 513:2. 17; 515:2, 16, 22; 440:22; 448:1; 450:3, 4; | 517:18: 518:17: 519:18, 20; 457:22; 458:1, 13, 17; 521:6. 15: 522:15: 523:9; 459:21; 460:4; 464:22; j I 526:16. 18. 21; 527:4; 465:1; 475:4; 487:20; 514:7: 537:5: 538:7; 539:7. 20; 516:7; 523:18; 524:21; 547:4. 15: 556:9: 557:11, 554:8 14. 563:8; 564:9: 565:2; yesterday [6] 401:16; 442:2; 566:4. 19 444:16; 457:10; 472:10; ; won V [6/ 458:8; 475:10; 482:10 | 525:9; 529:9: 557:16 word [41 423:8; 457:11; you'd [4] 451:4; 462:3; 501:8; 527:1 j | 510:18. 20 You've [4] 460:7; 501:6; words [61 438:13: 448:1; 524:16: 544:14 450:10; 510:7; 524:11; 562:15 you've [9] 405:3; 433:4; 439:19: 456:1; 459:17; i | work [341 401:15: 412:8; 421:3; 429:20: 435:10, 19; 463:10; 474:16; 519:10; 548:17 ! 466:2 . 3: 469:20. 22; yourself [5] 431:5, 15. 19: [ 473:14: 482:8: 484:7, 10. j 432:15; 435:18 ; 11; 485:4, 11: 487:19, 21; I 503:21: 504:1. 2. 4; 506:13; | 519:14: 526:1; 528:8. 12. I zero [3] 424:19; 459:7; 19; 537:18; 564:3 500:11 , j | j | | i 1 j' j Look-See <37/ From ways to zero WATER PCB-SD0000063206