Document Xz7xv70r0pXOj3DOgrX09ZOXd

1 1 IN THE COMMONWEALTH COURT OF PE NNS Y LVANIA 2 PENNSYLVANIA DEPARTMENT : NO. 284M.D. 3 GENERAL SERVICES, :1990 PENNSYLVANIA DEPARTMENT : 4 OF TRANSPORTATION, : PENNSYLVANIA PUBLIC : 5 UTILITY COMMISSION, : PENNSYLVANIA EMERGENCY : 6 MANAGEMENT AGENCY, and : PENNSYLVANIA DEPARTMENT : 7 OF STATE, : Plaintiffs, : 8 -vs- : UNITED STATES MINERAL : 9 PRODUCTS COMPANY, : CERTAINTEED CORPORATION,: 10 COURTAULDS AEROSPACE, : INC . , CHEMRE X , INC . : 11 PHILIPS ELECTRONICS : NORTH AMERICA : 12 CORPORATION, ADVANCE : TRANSFORMER COMPANY : 13 and MONSANTO COMPANY, : Defendants. : 14 BEFORE THE HONORABLE 15 CHARLES P. MIRARCHI, JR. 16 Tuesday, March 21, 2000 17 Trial testimony in the above-captioned matter, held at City 18 Hall, Courtroom 453, Philadelphia, Pennsylvania 19103, on Tuesday, March 21, 19 2000, beginning at approximately 12:15 p.m., before Megan McKay, a Registered 20 Professional Reporter and Notary Public. 21 22 ESQUIRE DEPOSITION SERVICES 23 1880 J.F.K. Boulevard, 15th Floor Philadelphia, Pennsylvania 19103 24 (215) 988-9191 ESQUIRE DEPOSITION SERVICES TOWOLDMONOO6O886 1 APPEARANCES: 2 HUMPHREY, FARRINGTON & MCCLAIN, P.C. 3 BY: KENNETH B. MCCLAIN, ESQUIRE 221 West Lexington, Suite 400 4 Independence, MI 64051 (816) 836-5050 5 Counsel for Plaintiffs 6 THOMAS W. HENDERSON, ESQUIRE 7 Suite 3975, One Oxford Circle 301 Grant Avenue 8 Pittsburgh PA 15219 (412) 261-6474 9 Counsel for Plaintiffs 10 WHITE & WILLIAMS 11 BY: THOMAS M. GOUTMAN, ESQUIRE One Liberty Place, 18th Floor 12 Philadelphia, PA 19102 (215) 864-7000 13 Counsel for Defendant Monsanto Corporation 14 15 MONTGOMERY, MCCRACKEN, WALKER & 16 RHOADS, LLP BY: JOYCE S. MEYERS, ESQUIRE 17 123 South Broad Street Philadelphia, PA 19109 18 (215) 772-7452 Counsel for Defendant Courtaulds 19 Aerospace, Inc. 20 21 DANAHER, TEDFORD, LAGNESE & NEAL BY: KEN NEAL, ESQUIRE 22 700 Capitol Place 21 Oak Street 23 Hartford, CT 06106 (860) 247-3666 24 Counsel for Defendant U.S. Mineral 1 INDEX JOHNWOODYARD 2 By Mr. Goutman 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 PAGE 11 1 HOYLE, MORRIS & KERR 1 BY: SUSAN HERSCHEL, ESQUIRE 2 2 1640 Market Street, Suite 4900 3 Philadelphia, PA 19103 (215) 981-5700 Counsel for Defendant CertainTeed 4 5 4 Corporation 6 57 68 79 8 10 9 11 10 11 12 12 13 13 14 14 15 15 16 16 17 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 THE COURT: When we met Friday I indicated that we were going to be off two weeks because of my assignments in Harrisburg, and I did. I have assignments on argument court during the first week, and the second week I was on duty week. When I got to chambers and then left to go on my merry way to Malvern, a fax came in from the President Judge, and Joyce had got in touch with me while I was en route and indicated that I was detached from the duty week, which means -- it doesn't - you cannot come in to court the week of the 17th. MR. NEAL: 10th. THE COURT: You can't come in. We're not going to be here. I still have argument week, and I have 12 cases to prepare for. But the week of the 24th -- MR. GOUTMAN: The week of ESQUIRE DEPOSITION SERVICES TOWOLDMON0060887 68 1 the 17th. 1 time that Passover takes place? 2 THE COURT: The week of the 2 MR. GOUTMAN: Are we sitting 3 17th, rather, we will meet. 3 Good Friday? 4 MR. MCCLAIN: Okay. 4 THE COURT: Well, I was 5 MR. HENDERSON: So we're off 5 going to suggest that we don't. I 6 now only the week of the 10th. 6 was going to try to -- I was going 7 THE COURT: Only the 10th. 7 to debate whether to have a 8 I wanted you to know first. I 8 three-day week or cancel Monday as 9 haven't told anybody in the jury 9 a day off and have Monday to 10 room yet. I want to make sure 10 Thursday. But I was going to put 11 that none of you went out and 11 that in your laps. I don't need 12 booked the Himalaya's or whatever. 12 an answer this minute. 13 MR. MCCLAIN: Right. 13 MR. GOUTMAN: Okay. 14 THE COURT: Because I don't 14 MS. HERSCHEL: I guess I 15 want to lose two weeks in a row. 15 would rather put it in the jury's 16 MR. MCCLAIN: No. 16 laps. I have a feeling there are 17 THE COURT: If I could avoid 17 some people there who probably go 18 it. IH let the jury know as 18 to church on Good Friday. It 19 soon as we reassemble out there. 19 would be my guess. 20 Now, anything from your end 20 THE COURT: I always think 21 that has transpired? 21 it's important to pass things 22 MR. GOUTMAN: No, I can't 22 through the attorneys first and 23 think of anything, your Honor. 23 then bring them to the jury. 24 THE COURT: I'm delighted. 24 MR. GOUTMAN: Yes. 79 1 MR. MCCLAIN: We're ready to 1 THE COURT: That way the 2 roll. 2 attorneys shouldn't get surprised. 3 THE COURT: We are waiting 3 (Discussion in chambers ends 4 for one juror. As soon as that 4 at this time.) 5 one juror shows well start. 5 THE COURT CRIER: In the 6 MR. GOUTMAN: We are going 6 name of the Commonwealth of 7 to break at 2:30. 7 Pennsylvania this Commonwealth 8 THE COURT: We're going to 8 Court is now declared open. The 9 break at 2:30. The rest of the 9 Honorable Charles P. Mirarchi, 10 week is a normal week, if my 10 Junior is presiding. Please be 11 understanding is correct. 11 seated. Good afternoon, your 12 MR. MCCLAIN: That's right. 12 Honor. 13 Dr. Herzstein is coming as soon as 13 THE COURT: Good afternoon. 14 we're done with Dr. Woodyard. 14 MR. MCCLAIN: Good 15 MR. GOUTMAN: Not as soon 15 afternoon, your Honor. 16 as. She's flying in tomorrow 16 THE COURT: Members of the 17 evening. 17 Jury, when we broke on Friday I 18 THE COURT: The week of the 18 had mentioned that we were going 19 17th is Easter week, I believe. 19 to have two weeks in April off, 20 MS. HERSCHEL: The week 20 the week of April the 10th and the 21 before Easter, isn't it, your 21 week of April the 17th because I 22 Honor? 22 was otherwise assigned for duty in 23 THE COURT: The week before 23 the Commonwealth Court. On Friday 24 Easter, and isn't that the same 24 afternoon late I received word ESQUIRE DEPOSITION SERVICES TOWOLDMONOO6O888 10 12 1 that I was detached from the 1 BY MR. GOUTMAN: 2 assignment of the week of April 2 Q. Just to pick up on some 3 the 17th. So we can have court 3 loose ends from last Friday, this 4 that week and we will only be off 4 $868,000 figure, PCB, what does that 5 the one week of April the 10th. 5 represent again? 6 And I'm glad. I had written 6 A. That's the amount of money 7 letters requesting this, but the 7 that the state paid to have PCBs removed 8 confirmation didn't come until 8 from the building before demolition. 9 Friday, as I say, late evening. I 9 Q. And did you reach a 10 didn't have a chance to 10 conclusion, sir, as to what caused this 11 communicate with you before that, 11 expenditure? 12 and I think it's important that we 12 A. Yes. It was all related to 13 keep this momentum going so that 13 PCBs burned in the fire. 14 we can bring this case eventually 14 Q. Now, sir, we were mentioning 15 to a conclusion. So I am 15 -- we were discussing the NIOSH 16 delighted. As much as I enjoy the 16 recommendations. In what circumstances 17 duty weeks and the other parts of 17 is the NIOSH recommendation followed from 18 our duties in court, I want to 18 your 20 plus years of PCB work? 19 make sure that we get this case 19 A. I have only seen the NIOSH 20 fully underway and completed, and 20 recommendation followed in what I have 21 I know counsel joins with me in 21 called PCB transformer fires. 22 that sentiment. So with that we 22 Q. Now, sir, could you remind 23 will now begin and continue. Mr. 23 us what a transformer is? 24 Goutman. 24 A. A transformer is a piece of ii 1 MR. GOUTMAN: Thank you, 2 your Honor. Mr. John Woodyard, 3 please. 4 THE COURT CRIER: State your 5 full name and spell your last name 6 for the record. 7 THE WITNESS: John Woodyard, 8 W-O-O-D-Y-A-R-D. 9 THE COURT CRIER: I remind 10 you that you are still under oath. 11 THE WITNESS: Thank you. 12 MR. GOUTMAN: Good 13 afternoon. 14 THE JURY: (Indicating.) 15 * * * 16 EXAMINATION 17 * * * 18 BY MR. GOUTMAN: 19 Q. Good afternoon, Mr. 20 Woodyard. 21 A. Good afternoon. 22 MR. GOUTMAN: Your Honor, 23 may I proceed? 24 THE COURT: You may proceed. 13 1 electrical equipment that's used to 2 change voltage, electrical voltage. 3 Q. And what kind of liquid is 4 contained in transformers that contain 5 PCBs? 6 A. PCB transformers contain a 7 mixture of PCBs and trichlorobenzene. 8 Q. And, sir, what is the 9 significance of the presence of 10 trichlorobenzene in PCB transformers? 11 A. From a PCB fire perspective 12 the trichlorobenzene is the chemical from 13 which dioxins can be formed if there is a 14 fire and the right conditions are met. 15 Q. Can dioxins be formed from 16 PCBs? 17 A. No, they cannot. 18 Q. How do you know that? 19 A The science is clear on it. 20 That issue has been studied for years and 21 everybody has reached agreement that 22 that's true. 23 Q. What is there about 24 transformer fires and dioxin that leads ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60889 14 1 to the NIOSH ~ the following of the 2 NIOSH recommendation? 3 A. Well, when there is a 4 transformer fire of some type, and 5 dioxins are formed, the scientists 6 involved will typically focus on the 7 dioxin as being the chemical of concern 8 from a health risk point of view. So 9 they will establish a clean up standard 10 for dioxin, and then try to match that up 11 with the corresponding amount of PCBs 12 just as what I think I called a 13 surrogate, or a means of less expensively 14 tracking dioxin contamination. 15 Q. And what do you mean by 16 surrogate? 17 A. Surrogate in this context is 18 just a cheaper way of tracking the 19 contamination level. It's very expensive 20 to test for dioxin. And it takes -- the 21 sample or analytical times are longer so 22 when a clean up 23 Q. What do you mean by 24 analytical times are longer? 16 1 there any PCB transformers? 2 A. No, there were not. 3 Q. Was there a PCB transformer 4 fire? 5 A. No, there was not. 6 Q. Were there any 7 trichlorobenzenes? 8 A. No. 9 Q. Does the NIOSH 10 recommendation apply? 11 A. No, it would not. 12 Q. Now, sir, you were asked by 13 Mr. Neal, I believe, about one of your 14 visits to the Transportation & Safety 15 Building. You went on the sixth floor; 16 is that correct? 17 A. Yes, sir. 18 Q. And you were looking through 19 bags? 20 A. Yes, I was. 21 Q. And what is it that you -- 22 bags of what? 23 A. The bags on the sixth floor 24 were in a large pile or two, and they 15 1 A. It takes a lab more time to 2 do the lab work. Maybe a couple days 3 sometimes. 4 Q. So what do they do? 5 A. So they will try to -- 6 because in a transformer fire you can 7 develop a relationship, a ratio between 8 the dioxin and the PCB, they will just 9 analyze for PCB just as an indicator 10 compound, as a chemical that they can use 11 to track whether or not the dioxins are 12 at a certain level and whether they're 13 being cleaned up. 14 Q. So how do we get the one 15 microgram level, the NIOSH recommended 16 level? 17 A. On the transformer fires I 18 have been aware of that the one microgram 19 PCB level is the surrogate. It's not a 20 risk-based level. It just happens to be 21 the level that corresponds with the 22 dioxin level that's of concern. 23 Q. Now, sir, in the 24 Transportation & Safety Building, were 17 1 were burned building contents that had 2 been collected and were waiting to be 3 taken out and disposed of. 4 Q. Stuff that had been burned 5 in the fire? 6 A. Yes. Just about anything 7 you can imagine from the office. Pieces 8 of desks, electronic equipment, phones, 9 light fixtures, things like that. 10 Q. Why is it that you were 11 looking through bags? Were you looking 12 for a souvenir of the T&S Building? 13 A. Well, when you have a fire 14 in an office situation like this a lot of 15 things bum. They can produce a lot of 16 different burned products, or combustion 17 products. I was looking for, of course, 18 any sources of PCB like the light 19 fixtures, but also looking to see what 20 other kinds of materials might have 21 burned up in the fire, since most of this 22 material was visibly damaged by heat. So 23 things like phones and electronic 24 equipment. Things that are made out of ESQUIRE DEPOSITION SERVICES TOWOLDMON0060890 18 1 plastic, for example, can produce or are 2 known to produce dioxin. So that was one 3 of the things we were looking at is the 4 types of things that may have burned. 5 Q. Did you find anything in 6 those bags that would produce dioxin? 7 A. Yes. There were a number of 8 plastic items, desk items, electronic 9 gear, things like that. 10 Q. And was dioxin detected in 11 the building? 12 A. Yes, it was. 13 Q. And what was the source of 14 that dioxin? 15 A. It would have to be the 16 burning of the plastics and other 17 materials that are known - what we call 18 precursors, or materials that are known 19 to produce dioxin if they're burned 20 properly. 21 Q. Are dioxins the same 22 chemical as PCBs, or is it a different 23 chemical? 24 A. It's a different chemical. 20 1 THE COURT: The following of 2 the report is mandatory in the 3 direct examination. There are 4 matters that sometimes come up in 5 cross examination that require 6 responses beyond the report, which 7 are admissible, and the objection 8 is overruled. 9 BY MR. GOUTMAN: 10 Q. Where were we? 11 (The reporter read back from 12 the last record.) 13 BY MR. GOUTMAN: 14 Q. Were you done with your 15 answer? 16 A. Essentially, yes. 17 Q. Can you tell us whether 18 there are many things in an office 19 building that will not emit potentially 20 toxic chemicals when burned in a fire? 21 A. If you had like - I can't 22 think of anything offhand. If you had 23 bear steel maybe, materials of that 24 nature. But just about anything can emit 19 1 Q. Did you find anything else 2 in those bags which had burned that would 3 create potential toxins? 4 A. In terms of -- you mean 5 other dioxin? 6 Q. Yes. 7 A. Sure. There was treated 8 wood products. There were different 9 types of metal and coated products that 10 could release toxic metals. 11 MR. MCCLAIN: Your Honor, 12 this is not in his report. It's 13 not rebuttal to any questions that 14 I asked. 15 MR. GOUTMAN: He was asked 16 about looking through bags. I'm 17 asking him why he was looking 18 through bags. 19 MR. MCCLAIN: It's not in 20 his report, your Honor. This is 21 not an opinion we were advised of 22 previously. I don't have 23 MR. GOUTMAN: It's within 24 the scope of cross examination. 21 1 some type of potentially toxic product if 2 it's burned. 3 Q. Now, you were asked 4 questions about the NIOSH 1985 -- August 5 1995, excuse me, letter from a Mr. Echt 6 of NIOSH to DGS. Do you recall that? 7 A. Yes, sir. 8 MR. GOUTMAN: And could I 9 approach the witness, your Honor? 10 THE COURT: Yes. 11 BY MR. GOUTMAN: 12 Q. I'd like to hand you a copy 13 of that letter. 14 MR. GOUTMAN: Your Honor, do 15 you need a copy? 16 THE COURT: Yep. 17 BY MR. GOUTMAN: 18 Q. What are we looking at here? 19 Can the members of the jury see this? 20 Why don't you focus in on the top there. 21 What are we looking at, Mr. 22 Woodyard? 23 A. This is a letter sent by Mr. 24 Echt at NIOSH back to the state in August ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60891 22 1 of 1995, and it's in response to data and 2 information that was sent to NIOSH 3 earlier in the year. 4 Q. Now, sir, is there any 5 reference by NIOSH to the EPA in this 6 document and its standard? 7 A. Yes. There are a number of 8 references in this document to EPA and 9 their standards. 10 Q. Why don't we just go through 11 this and you tell us where they refer DGS 12 to the EPA or the EPA standards. 13 A. The first place I see is on 14 Page 3 at the bottom. There is a 15 paragraph there in which they cite the 16 EPA standards set on what we have been 17 calling the PCB spill clean up policy, 18 including some of the information that 19 they used as the basis for the risk 20 assessment. 21 Q. Now, it says here,"EPA also 22 believes that surface standards of 10,000 23 micrograms per" -- is that legible? How 24 about that? Any better? "EPA also 24 1 paragraph. 2 Q. Does it say there,"These 3 results should also be compared with the 4 EPA clean up criteria of 1,000 micrograms 5 per meters squared for high contact 6 indoor surfaces and 10,000 micrograms for 7 indoor low contact surfaces." Does it 8 say that there? 9 A. Yes, that's correct. 10 Q. And you are going to have to 11 translate the numbers now. One thousand 12 micrograms per meter squared is what? 13 A. That's the same as ten 14 micrograms per hundred squared 15 centimeters, the EPA safe standard we 16 have been talking about for high contact 17 areas. 18 Q. Okay. The high contact 19 level. How about the next one? 20 Translate that one for us. The 10,000, 21 that equals what? 22 A. That's 100 micrograms per 23 100 squared centimeters. The low contact 24 or low occupancy standard. 23 1 believes that surface standards of 10,000 2 micrograms per meter squared for indoor 3 low contact surfaces in bulk and high 4 contact surfaces restricted access 5 industrial facility would not present 6 significant risk to workers or to the 7 general population." Did I read that 8 correctly? 9 A. Yes, sir. 10 Q. Now, you are going to have 11 to--these are different numbers than 12 what we've been talking about. Could you 13 translate the 10,000 micrograms per meter 14 squared into a unit of measure that we 15 have been using? 16 A. 10,000 micrograms per square 17 meter is the same as 100 micrograms per 18 100 square centimeters, which is the unit 19 we have been talking about all along. 20 Q. And, sir, it also says -- 21 why don't we continue on with that 22 letter. And tell me, sir, where else it 23 refers DGS to the EPA? 24 A. On Page 8, first full 25 1 Q. I'm sorry. Why don't we 2 continue. Where else do they refer DGS 3 to the EPA standards? 4 A There is - on the tables 5 for wipe samples in the back I recall 6 there is a footnote, and this would be 7 starting with Table 8,1 believe, on Page 8 22. That table and the ones following it 9 with wipe sample information contain a 10 footnote, and that footnote talks about 11 the EPA standard. 12 Q. You are going to have to 13 read that for the jury. 14 A The15 Q. Read the portion that is 16 relevant to you. 17 A The last sentence in that 18 footnote is relevant to what we are 19 talking about right now. The EPA clean 20 up criteria for high contact indoor 21 surfaces is, again, ten micrograms per 22 hundred square centimeters and 100 23 micrograms per hundred square centimeters 24 for indoor low contact surface and high ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60892 26 1 contact surface in a restricted access 2 industrial facility. 3 Q. And what's the sentence 4 before that? 5 A. The sentence before that 6 says,"It must be emphasized that the 7 recommendation" 8 Q. Referring to what 9 recommendation? 10 A. Referring to the NIOSH 11 recommendation in the report. "It must be 12 emphasized that this NIOSH recommendation 13 does not represent NIOSH policy. It is 14 merely a guideline used by NIOSH 15 investigators in the conduct of health 16 hazard evaluations." 17 MR. MCCLAIN: In fairness, 18 your Honor, I think he ought to 19 read that entire highlighted 20 section in the first paragraph 21 the first sentence for 22 completeness. 23 MR. GOUTMAN: I'm sorry. 24 MR. MCCLAIN: Beginning with 28 1 NIOSH policy. It is merely a guideline 2 used by NIOSH investigators in the 3 conduct of health hazard evaluations. 4 Q. Does that very language 5 appear elsewhere? 6 A. It appears as a footnote in 7 the next table as well. That's Table 9. 8 It also appeared at the bottom of Table 9 10, and it also appears at the bottom of 10 Table 13. So it's there in several 11 places. 12 Q. Could you turn to the 13 references, sir. Is there any reference 14 to the spill policy in the references at 15 Page 13? 16 A. Yes, there is. Reference 17 number seven, the EPA, PCB or 18 polychlorinated biphenyls spill clean up 19 policy. 20 Q. Now, sir, you were asked 21 some questions about some tables 22 regarding asbestos sampling. Do you 23 recall that? 24 A. Yes, sir. 27 1 the one sentence that you left 2 out. 3 MR. GOUTMAN: You want the 4 sentence that we highlighted? 5 MR. MCCLAIN: "NIOSH 6 recommendations have recommended." 7 BY MR. GOUTMAN: 8 Q. Sure. Why don't you read 9 that, Mr. Woodyard? 10 A. What page are we on? 11 MR. MCCLAIN: Same 12 paragraph. 13 BY MR. GOUTMAN: 14 Q. The sentence before the one 15 that you read is also highlighted here. 16 It starts with,"NIOSH investigators." 17 A. "NIOSH investigators have 18 recommended that PCB contamination not 19 exceed one microgram per hundred square 20 centimeters (the lowest feasible level 21 considering background contamination.)" 22 Q. And then the next sentence? 23 A. "It must be emphasized that 24 this recommendation does not represent 29 1 Q. And why don't you turn to 2 I think you were shown Table 6. What are 3 we looking at here? 4 A. This table is an attempt to 5 summarize the fireproofing sample results 6 for PCB Aroclor 1260. 7 Q. Now, whose testing results 8 are these? 9 A. These are the state's, the 10 results of the samples collected by Mr. 11 Cocciardi. 12 Q. And through what date were 13 these tests submitted? 14 A. I have to look. It was 15 April, according to the letter, April 16 1995. 17 Q. Okay. And what, if any. 18 significant information do you get from 19 this table that was shown to you, I 20 believe, by Mr. Neal? 21 A. Well, first, the point I 22 made to Mr. Neal that there is a pretty 23 dramatic difference between maximums and 24 averages as well as. I'm sure, between ESQUIRE DE POSITION SERVICES TOWOLDMONOQ60893 30 1 floors representing the kind of chaotic 2 PCB distribution you'd expect in a fire 3 where smoke is spread throughout the 4 building in some random pattern. 5 Q. Let me just stop you. These 6 numbers seem to be a lot higher than 7 other numbers. We have 20,000, 556, 8 60,000,150, so forth. Can you explain 9 that? 10 A. Yeah. The units are a 11 little different than the ones weVe been 12 talking about. These are micrograms per 13 kilogram. We have been typically, I 14 think, talking about parts per million, 15 and to get to parts per million you have 16 to divide all those numbers by a 17 thousand. So 20,000 by 56 micrograms per 18 kilogram is actually 20.5 parts per 19 million. 20 Q. Okay. So next to it would 21 be 16.1 parts per million, and next to 22 that 52.5parts per million? 23 A. That's correct. 24 Q. Okay. 32 1 in the asbestos away from the fire floor? 2 A. I guess they did, yes. 3 Q. Why don't we jump forward to 4 -- excuse me. Table 7, which is the 5 total of both 1242 and 1260. Okay? 6 A Okay. Go ahead. 7 Q. Now, what if anything of 8 significance do you get out of this 9 table? 10 A. Again, it has some of the 11 same numbers and ranges that I was 12 talking about before that aren't terribly 13 even that would indicate fire spread, but 14 also again on the sixth floor the average 15 result and maximum are much, much higher 16 than that of the other floors, which is 17 what you would expect given the fire. 18 But it's also the only floor where the 19 average PCB level was over 50 parts per 20 million, which would make a difference in 21 terms of waste disposal and potentially 22 cleanup. 23 Q. On any of these floors where 24 the average mean is less than 50, would 31 1 A. The other ~ you asked what 2 was significant about this table. That 3 was one issue that I thought was 4 significant. The second, I think, as Mr. 5 Neal pointed out, the fire floor is the 6 only floor where the average PCB 7 concentration was much higher than the 8 others, and I say average. They used the 9 term mean, but it means the same thing. 10 Q. Let's take a look at table 11 seven, which is total PCBs. That was 12 just for Aroclor 1260; correct? 13 A. Correct. 14 Q. Why don't we flip back to 15 Table 5, which is the test for PCBs and 16 asbestos for Aroclor 1242; correct? 17 A. Yes, sir. 18 Q. Now, could you remind the 19 jury what building product, if any, 20 contained Aroclor 1242 PCB? 21 A. Aroclor 1242 is the type of 22 PCB that was contained in light fixture 23 and fluorescent light ballasts. 24 Q. Did they detect Aroclor 1242 33 1 the presence of PCBs necessitate -- any 2 asbestos necessitate or require the 3 removal of asbestos? 4 A. No. 5 Q. Now, you were also shown a 6 chart from your report, which I'd like to 7 show you. Your Honor, if the witness 8 could come down. 9 THE COURT: You may step 10 down. 11 THE WITNESS: I will try as 12 best I can to fight this frog I'm 13 feeling today. 14 THE COURT: If you need 15 anything that we can supply here 16 all you have to do is ask. Would 17 water help you? 18 MR. GOUTMAN: I have a 19 lozenges if you come over here. 20 THE COURT: Now, the second 21 one you put up there is... 22 MR. GOUTMAN: I'm sorry, 23 your Honor. That has been marked 24 Plaintiffs Exhibit 4007-A, and ESQUIRE DEPOSITION SERVICES TOWOLDMON0060894 34 1 also it looks something like Table 2 5 from his report. Why don't we 3 put up Table 5 from the report. 4 BY MR. GOUTMAN: 5 Q. What do we see on the 6 screen? 7 A. This is Table 5 from my 8 report. 9 Q. Okay. The reason why I ask 10 that is that there appears to be another 11 row of columns that I don't see from your 12 report on the blow-up. 13 A. Right. Well, this is the 14 one from my report. 15 Q. Okay. All right. Why don't 16 we use that one if -- actually, which can 17 be seen? Is this better? Okay. Well 18 use this one. 19 A. Fine. 20 Q. Mr. Woodyard, what does this 21 data show us? 22 A. Again, this is the -- on the 23 far left side shows the sample IDs. The 24 next column is entitled "description" and 36 1 A. Mr. Kominsky collected 2 several samples, I believe, two outer 3 samples per floor, different locations, 4 and all I did was average those results 5 on the far right-hand column and try as 6 best I could from the labels on the 7 samples to match up the floors. As you 8 can see in some cases I could do that and 9 some cases I could not. 10 MR. MCCLAIN: Your Honor, 11 this is cumulative. This was all 12 handled in direct. 13 MR. GOUTMAN: Your Honor, it 14 was dealt with extensively on 15 cross, and I believe we're on 16 redirect. 17 MR. MCCLAIN: Your Honor, 18 it's not something to repeat what 19 was said on direct. 20 MR. GOUTMAN: With all due 21 respect, your Honor, it was dealt 22 with on cross and I believe -- 23 THE COURT: Overruled. 24 BY MR. GOUTMAN: 35 1 on the bottom half it shows the actual 2 floor where the sample was known to be 3 taken. The next column, prefire PCB 4 concentration. 5 Q. What are you -- what did you 6 have analyzed? 7 A. These are the 28 samples 8 that were provided and represented as 9 being prefire fireproofing samples. In 10 other words, they were collected in 1992. 11 Q. Before the fire? 12 A. Before the fire. 13 Q. And collected from what 14 building? 15 A. From the inside of the T&S 16 Building. 17 Q. Okay. And this column is 18 what? The middle column is what? 19 A. Those are the specific 20 sample results from the samples 21 identified over in the left-hand column. 22 Q. Okay. And this says 23 Kominsky average, 1260 outer. What does 24 that mean? 37 1 Q. Okay. What was the last 2 question? 3 (The reporter read back from 4 the last record.) 5 THE WITNESS: My answer, in 6 essence, is that those are the 7 results of the outer or exposed 8 fireproofing portions of Mr. 9 Kominsky's samples on the floors 10 listed down below. And in this 11 case it's the average of several 12 sample results. 13 BY MR. GOUTMAN: 14 Q. Now what statistical 15 analysis -- 16 THE COURT: I don't know if 17 all counsel can hear Mr. Woodyard 18 from their respective seats, and 19 if they want to gather here at the 20 exhibit -- 21 THE WITNESS: Your Honor, 22 I'll borrow this microphone. 23 MR. MCCLAIN: Thank you, 24 your Honor. I can hear him fine. ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60895 38 1 BY MR. GOUTMAN: 2 Q. What statistical analysis 3 did you make of this data? 4 A. I calculated the average for 5 the two groups of samples and the overall 6 average for all of the samples. 7 Q. Okay. This is prefire? 8 A. Yes, sir. 9 Q. And this is post fire? 10 A. Yes. 11 Q. Okay. And what was the 12 overall average prefire? 13 A, The overall average was 14 three parts per million. 15 Q. And what was the overall 16 average post fire? 17 A. 17.7 parts per million, more 18 than five times higher. 19 Q. What did that tell you? 20 A. That most of the PCBs must 21 have been deposited as a result of the 22 fire. 23 Q. What about the rest of the 24 PCBs? Where did they come from? 40 1 Q. And what does that tell you? 2 A. That's still within the 3 range of the background samples that were 4 collected from other buildings in the 5 area. So it tells me that even with just 6 that portion of the data it's still 7 background. 8 Q. And referring again to 9 3157. 10 MR. MCCLAIN: Same chart, 11 right? 12 MR. GOUTMAN: Yes. 13 BY MR. GOUTMAN: 14 Q. You were referring to 15 background. What does this show? 16 A. This chart again showed the 17 17.7 average from post fire as well as 18 three different what we're calling 19 background sample results. The Hershey 20 School and south office building bars are 21 the average of the levels found in those 22 other buildings away from the T&S 23 Building, and the T&S Building prefire 24 result three is what the all total is on 39 1 A. The three parts per million 2 that was measured before the fire must 3 have been background levels. 4 Q. And what is background? 5 A. Background is levels that we 6 would find in the Harrisburg area. 7 Q. You also break out average 8 63,000 or 6,300 to 5.7; is that correct? 9 A. Yes. The 63,000 samples on 10 the bottom half of the table average to 11 5.7 parts per million. 12 Q. Now, you were asked about 13 whether there was any identification as 14 to floor of these upper samples. Do you 15 recall that? 16 A. Yes, sir. 17 Q. And was there any supplied? 18 A. No, there was not. 19 Q. Sir, even if you discarded 20 all of the upper information, what would 21 be the average of the information, the 22 data on the lower half of this chart? 23 A. The average of those samples 24 is 5.7 parts per million. 41 1 that other table you just saw. So if you 2 forgot about those top samples and just 3 used the bottom half, you are still at 4 5.7, which is still right in here with 5 these other two buildings. So it really 6 doesn't make a difference to me. 7 MR. MCCLAIN: Your Honor, 8 could I just have a cumulative 9 objection to this so I don't have 10 to interrupt? 11 THE COURT: To this phase. 12 MR. MCCLAIN: To all these 13 charts that were shown on direct 14 so that we can identify them for 15 the record. 16 THE COURT: You have. 17 BY MR. GOUTMAN: 18 Q. Now, sir, you said you 19 averaged these numbers; is that correct? 20 A. Yes, sir. 21 Q. Is that the first time you 22 ever used averages for data? 23 A. No. That's typically what 24 you do first. If you can do nothing else ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60896 42 1 you can at least average the results and 2 try to make some sense of it that way. 3 Q. Sir, would it be appropriate 4 to take in isolation any single test 5 result prefire, any single test result 6 and compare it to a single test result 7 post fire? For example, comparing 15.0 8 on the fourth floor to zero on the fifth 9 floor post fire? 10 A. No. You can't do anything 11 statistically with it. All it is is one 12 piece of data versus another, and there's 13 so much variability there is no way to 14 make sense out of it. 15 Q. Or comparing 15.0 on the 16 fifth floor to 3.0 on the sixth floor? 17 A. Same problem. Same 18 problem. You have difficulty comparing 19 them statistically. 20 Q. If you compared prefire to 21 the post fire in aggregate, taking 22 averages, as you say you usually do, what 23 does that tell you? 24 A. It tells me again that the 44 1 as we pointed out, in the fireproofing 2 itself before the fire occurred. 3 Q. Now, sir, you were asked 4 some questions about your book, PCB 5 Management Handbook; is that correct? 6 A. Yes, sir. 7 Q. And this is the second 8 edition. 9 A. Yes. 10 Q. And there was some questions 11 about the blue book and the black book. 12 Can you just clarify that for us? 13 A. The book you are holding is 14 the real second edition. It was 15 submitted for publication and edited 16 without the author's approval, and some 17 copies of that edited version were 18 printed, which differed a little bit from 19 the version that you are holding. So the 20 corrections were made and it was 21 reprinted. 22 Q. You were shown a blow-up, 23 and I won't get it out, but it was a 24 quote from your book dealing with 43 1 post fire or PCB levels after the fire 2 are much, much higher than they were 3 before the fire, five times, six times 4 higher. 5 Q. Was this sampling sufficient 6 for your purposes as an engineer and 7 scientist to draw any conclusions? 8 A. Yes. The conclusion that I 9 just drew. That the levels definitely 10 increased as a result of the fire. 11 Q. You can take your seat. 12 Now, sir, you were asked some questions 13 about sources of PCBs in the building. 14 Prefire, what do we know in bulk? By in 15 bulk I mean as opposed to surface and 16 air. In bulk what do we know contained 17 1262 before the fire? 18 A. The 1262 before the fire was 19 contained in the ductboard that we've 20 been talking about and the adhesive in 21 the ductboard. It was contained in the 22 adhesive that was used to glue this duct 23 wrap around the metal duct in the 24 hallways. And also there was some 1262, ' 45 1 migration of PCBs. Do you by any chance 2 recall that? 3 A There were several, I think. 4 Q. Let me put this up. Now, I 5 want to just focus in on what was blown 6 up for cross examination by 7 counsel. "PCBs can also migrate through 8 simple ventilation. Although the related 9 vapor pressure is low, so are the clean 10 up guidelines. The most commonly used 11 clean up criterion for airborne 12 contamination is one microgram per cubic 13 meter, the current NIOSH recommendation." 14 Sir, if you can just pan 15 back, in what chapter, I don't know if 16 you can read it. In what chapter does 17 this appear? 18 A It's in the part of the book 19 that talks about cleaning up spills. 20 Q. And, in particular, what 21 section on spill clean up are you talking 22 about there? 23 A That's under the subsection 24 called gross clean up. ESQUIRE DE POSITION SERVICES TOWOLDMONOQ60897 46 1 Q. And what do you mean as a 2 PCB clean up specialist by gross clean 3 up? 4 A. That's the first step in the 5 clean up process where you clean up. In 6 this case you would clean up any fire 7 debris, visible stains. If you had a 8 spill you would clean up the liquid that 9 might have pooled on the floor. It's 10 basically the first step of a clean up 11 process and the messiest, typically. 12 Q. I think we've seen 13 pictures. You have seen pictures of the 14 fire floor, the sixth floor? 15 A. Yes. 16 Q. Is that what you mean? 17 A. Yes, sir. 18 Q. Okay. And that can be a 19 pretty messy situation? 20 MR. MCCLAIN: Objection. 21 Leading. 22 THE COURT: Sustained. 23 BY MR. GOUTMAN: 24 Q. What is that like, cleaning 48 1 NIOSH one microgram per hundred 2 centimeters squared recommendation that 3 we've been talking about? 4 A. No, it's not. It's 5 referring specifically to the air, NIOSH 6 air guideline, which is one microgram per 7 cubic meter. 8 Q. Where's this? 9 A. That's the surface wipe 10 standard for solid surfaces. 11 Q. Anywhere in this book do you 12 state that the NIOSH one microgram 13 surface level is the one to use for a PCB 14 clean up? 15 A. No, I don't believe so. 16 Q. Is it the recommendation 17 that's used? 18 A. No, no. 19 Q. Now you were also asked 20 about an article -- you can take that 21 down. An article on concrete clean up. 22 Do you remember that? 23 A. Yes, sir. 24 Q. And there were some maybe 1 up that stuff? 47 2 A. It's -- I think I used the 3 word myself messy a moment ago. There is 4 a lot of debris. It's hard to control 5 cross contamination, dust, things like 6 that, because you are simply trying to 7 get the material out of there before it 8 presents some additional contamination 9 problems to the rest of it. In this case 10 the rest of the building. 11 Q. Does the migration that you 12 refer to here, does that have anything to 13 do with PCBs on surfaces or PCBs in glue 14 in ductboard during the normal operation 15 of a building? 16 A. No. This is talking 17 specifically about doing the clean up. 18 Q. Other than on the fire 19 floor, does this quote have anything to 20 do with any situation applicable to the 21 T&S Building? 22 A. No, not really. 23 Q. Now, it also mentions the 24 NIOSH recommendation. Is this the same 49 1 four or five blow-ups from quotes from 2 your article on how to clean up 3 concrete. Do you remember that? 4 A, Yes, sir. 5 Q. Let's see if we can get them 6 out. 7 MR. MCCLAIN: They may be 8 back there too. What one do you 9 want? 10 MR. GOUTMAN: I think I have 11 them. Thank you. One, two, 12 three, four, five, six, seven. 13 BY MR. GOUTMAN: 14 Q. Does that look right? 15 A. Yes. 16 MR. MCCLAIN: Your Honor, 17 I'd like to congratulate Mr. 18 Goutman for being able to do that 19 without a calculator. 20 MR. GOUTMAN: My mommy 21 didn't raise a fool, your Honor. 22 BY MR. GOUTMAN: 23 Q. Sir, first of all, when was 24 that article written? ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60898 50 1 A. 1985. 2 Q. What does an article on the 3 decontamination of PCBs from concrete 4 have to do with the T&S Building? 5 A. Nothing. There was no PCB 6 concrete clean up required in the T&S 7 Building. 8 Q. Was there any evidence -- 9 let me just finish this one question. 10 Was there any evidence of any PCB 11 penetration into concrete at the T&S 12 Building? 13 A. No, sir. 14 MR. GOUTMAN: This might be 15 a good time to break, your Honor. 16 THE COURT: Well take a 17 break. 18 THE COURT CRIER: This court 19 will take a short recess. 20 (Recess is taken at this 21 time from 1:10 p.m. until 1:30 22 p.m.) 23 THE COURT CRIER: You may be 24 seated. This court is in 52 1 was the building occupied? 2 A. Yes, it was, except for the 3 fire floors. 4 Q. Now, sir, you had indicated 5 earlier that the -- I believe it was 6 Friday -- that about 95 percent of the 7 building was below the EPA safe standard, 8 the ten microgram standard? 9 A. Yes. That's correct. 10 Q. What percentage of the 11 building was below the risk assessment 12 level performed by Dr. James? What 13 percentage? 14 A. Essentially all of it. 15 Q. Under the risk assessment, 16 was any clean up required? 17 A. No, I don't believe so. 18 Q. Now, sir, you were shown as 19 part of that concrete article a table, 20 and this is the blow-up that was used on 21 cross examination. Do you recall that, 22 sir? 23 A. Yes, I do. 24 Q. And I think it was 51 1 session. 2 MR. GOUTMAN: May I proceed. 3 your Honor? 4 THE COURT: You may proceed. 5 MR. GOUTMAN: Good 6 afternoon, again. 7 BY MR. GOUTMAN: 8 Q. Sir, in that concrete 9 article, part of the quote that was read 10 to you was,"Property owners will then 11 infect rapid and thorough decontamination 12 rather than risk the liability associated 13 with employee exposure." Rapid and 14 thorough decontamination. Is that what 15 happened at the T&S Building? 16 A. No, sir. 17 Q. How long did it take them to 18 perform clean up until -- how long was it 19 until they did start clean up at the T&S 20 Building from the time they detected 21 PCBs? 22 A. At least two and a half 23 years. 24 Q. And during that time frame 1 indicated -- 53 2 THE COURT: For 3 identification, what is the 4 exhibit? 5 MR. GOUTMAN: I'm sorry, 6 your Honor. That's 4006-A. It's 7 a portion of a table that appears 8 in the concrete article. 9 BY MR. GOUTMAN: 10 Q. Some commonly cited 11 standards for PCB decontamination. Mr. 12 Woodyard, can you see what is on the T.V. 13 screen? 14 A. Yes. May I step down, your 15 Honor? 16 MR. GOUTMAN: May the 17 witness step down? 18 THE COURT: You can step 19 down. 20 BY MR. GOUTMAN: 21 Q. Sir, what are we looking at 22 on the screen there? 23 A. The screen is focusing on 24 the top four or five entries above the ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60899 54 1 two that are on that blow-up you're 2 holding. 3 Q. Okay. On the actual table 4 itself, as appears in your paper, were 5 there any entries above these? 6 A. Yes. That's the actual 7 table and there were four entries above 8 the one you are holding. 9 Q. And when was that article 10 written? 11 A. In 1985. 12 Q. Now, is that before or after 13 the safe standards were published in the 14 spill policy? 15 A. It was about two years 16 before. 17 Q. Okay. This is titled,"Some 18 commonly cited standards for PCB 19 decontamination." 20 A. Yes, sir. 21 Q. What are the numbers above 22 those which plaintiff put -- plaintiffs 23 put in this blow-up? 24 A. There is several and they 56 1 was the time period when EPA was working 2 with industry and other people to develop 3 the spill policy standards. So for a 4 while, for about two years it was 5 referred to as the consensus standards 6 because the EPA hadn't actually done 7 anything with them yet, but they were 8 involved with the process to industry to 9 figure these numbers out. As you can see 10 those numbers are essentially the same as 11 what came out two years later in the 12 spill policy and the numbers we have been 13 talking about all along. 14 Q. Now, the part that was blown 15 up, and your attention was directed to, 16 was the NIOSH and it says if Department 17 of Health public health for City and 18 County of San Francisco. It refers to 19 One Market Plaza. Are you familiar with 20 that One Market Plaza? 21 A. Yes, I am. 22 Q. Have you published a paper 23 on it? 24 A. Actually a report for the 55 1 are similar, if not identical, to the 2 standards that EPA published two years 3 later in the spill policy. 4 Q. And why don't you point to 5 them. 6 A. The first one on the top is 7 100 micrograms per 100 square centimeters 8 for what is termed restricted access 9 areas. There is also a standard below 10 that's the same for nonrestricted access 11 areas. I think that one was specific to 12 certain types of industrial facilities. 13 The third one, ten micrograms per 100 14 square centimeters, refers to high 15 contact areas, and that's essentially the 16 safe standard we have been talking about 17 all along. That deals with residential, 18 yards, sidewalks, playgrounds and so 19 forth. 20 Q. Now, when you say agency 21 consensus, what does that mean? 22 A. Well, the agency column is 23 meant to identify what the source of the 24 standard is. Back in 1984 or '85 that 57 1 utility industry. It was one of the 2 transformer fire incidents that preceded 3 a lot of notoriety. 4 Q. It was a transformer fire? 5 A. That's correct. 6 Q. And what was the amount of 7 transformer fluid that was involved in 8 that One Market Plaza back in 1983? 9 A. It was a lot. It was on the 10 order of as much as 2,000 pounds, a ton 11 of PCBs being released in the building 12 and spread around. 13 Q. And was that building 14 cleaned up? 15 A. Yes, it was. Within about 16 nine months, if I recall. 17 Q. And was it reoccupied? 18 A. Yes, immediately. 19 Q. How would you compare the 20 amount of PCBs released at One Market 21 Plaza with the amount of PCBs released at 22 the T&S Building? 23 A. Substantially higher. There 24 wasn't much PCBs released in the T&S ESQUIRE DEPOSITION SERVICES TOWOLDMON0060900 58 1 Building as a result of the fire, but as 2 I said, there was maybe a ton of PCBs 3 released in the building there, and the 4 building was cleaned and reoccupied very 5 quickly. 6 Q. Was there any dioxin problem 7 in the One Market Plaza as a result of 8 this transformer fire? 9 A. Yes, there was. That was 10 really what drove the clean up. It was a 11 fire that produced dioxin by-products 12 that had to be cleaned up. 13 Q. And could you compare the 14 dioxin levels found at One Market Plaza 15 to the T&S Building dioxin levels? 16 A. They were much, much higher 17 than any standard I've seen. 18 Q. Where? 19 A. And they were -- 20 Q. They were much higher, where 21 are you talking about? 22 A. Dioxin levels inside the 23 building. 24 Q. Which building? 60 1 sample results for the T&S Building from 2 1994. 3 Q. And was this a document that 4 was shown to you by counsel on cross 5 examination? 6 A. Yes, it was. 7 Q. And whose air tests were 8 these? 9 A. These were collected by Mr. 10 Cocciardi on behalf of the state. 11 Q. And that's how many pages? 12 A. 99,1 believe. 13 Q. And just take us through 14 this. 15 THE COURT: For 16 identification this is... 17 MR. GOUTMAN: Penn 521 A, 18 capital A. 19 BY MR. GOUTMAN: 20 Q. What would each of these 21 entries indicate, each of these lines? 22 A. Each line is an individual 23 sample. It has a sample ID number from 24 the lab. It has a project identification 59 1 A. The One Market Plaza 2 Building. 3 Q. Okay. 4 A. I'm sorry. In the One 5 Market Plaza Building dioxin levels were 6 way, way above anything we saw in the T&S 7 Building. So on the sixth floor were 8 only really elevated levels of dioxin 9 were found. 10 Q. And that building was 11 cleaned and reoccupied how quickly? 12 A. I think it was about nine 13 months. 14 Q. Now, sir, you were shown a 15 document, if I can approach the witness, 16 your Honor. 17 THE COURT: You may. May he 18 take his seat now? 19 MR. GOUTMAN: We are about 20 to put something up on the screen. 21 THE COURT: Okay. 22 BY MR. GOUTMAN: 23 Q. What did I just hand you? 24 A. It's a list of the air 61 1 number under the second column Cocciardi 2 sample ID. And then there's - the next 3 four columns are the laboratory results. 4 PQL is essentially the detection limit. 5 PCB 1242 is the result for Aroclor 1242. 6 PCB 1260 is the same result for 1260, and 7 then there's a total column. 8 Q. Well have to do this again 9 because we didn't focus it properly. 10 Take us through this column again. Could 11 you focus on the laboratory results 12 column, please. Further in. And the top 13 of the page, that's what? 14 A. These four columns are the 15 lab result columns. First one is PQL, or 16 practical quantitating limit, which is 17 the same as detection limit essentially. 18 Aroclor 1242,1260 results are underneath 19 those two columns. And then a total of 20 all PCBs and the actual units. In most 21 cases it's micrograms per cubic meter, 22 which is an area. 23 Q. And this tells you what 24 floor? ESQUIRE DEPOSITION SERVICES TOWOLDMON0060901 62 1 A. That's correct. The last 2 column over here on the right identifies 3 where, and then there's additional 4 information further out that describes 5 specifically location of the sample. 6 Q. And if you can move it over 7 to the left, this indicates the date? 8 A. Yes. The coding system he 9 used indicated the sample date. 10 Q. So this would be July 1st, 11 July 2nd? 12 A. Correct. 13 Q. So forth. July 3rd. 14 A. Exactly. So the way this is 15 table is set up it's chronological. So 16 the first table on the first page is the 17 first sample, and then it just goes 18 sequentially from there. So it's 19 relatively easy to follow the time 20 sequence. 21 Q. This is just for 1994? 22 A. Yes. That's correct. 23 Q. There is some 99 pages of 24 this; correct? 64 1 question. 2 MR. GOUTMAN: I want to do 3 it right. 4 MR. MCCLAIN: Just ask the 5 question. I have withdrawn the 6 objection. Ask whatever you 7 want. 8 BY MR. GOUTMAN: 9 Q. You were asked about 10 snapshots and air tests on cross 11 examination, sir? 12 A. Yes. 13 Q. Is 99 pages of tests over 14 the course of six months a snapshot of 15 the air conditions in that building? 16 A. No. I characterized it as a 17 motion picture, or a movie, essentially, 18 because it seemed like there were air 19 sampling -- there is air sampling going 20 on all the time. At any one point in 21 time there was some air sampling being 22 done. 23 Q. Now, for example, one of 24 these tests, is that an air test that 63 1 A. Yes, sir. 2 Q. And you were asked whether 3 it was a snapshot or a motion picture of 4 the air in the T&S Building. Which is 5 it? 6 MR. MCCLAIN: Your Honor, I 7 did not ask that. That is not 8 what I asked. I asked why he 9 referred to it as a snapshot. I 10 didn't say anything about was that 11 what they said on direct. I 12 didn't say anything about a motion 13 picture at all. 14 MR. GOUTMAN: Let's get the 15 record out. 16 MR. MCCLAIN: Please. Do 17 that. 18 MR. MCCLAIN: Your Honor, to 19 speed this up. Just go ahead and 20 ask him. 21 MR. GOUTMAN: Let's get the 22 record out. 23 MR. MCCLAIN: Let's not have 24 an argument. Let's ask the 65 1 takes that long, or how long does a 2 single air test take? 3 A. These air tests typically 4 take about three hours or so. So it's 5 running for a long time. 6 Q. One test takes three hours? 7 A. That's correct. 8 Q. Now, sir, you were asked 9 about detection limits, and once again, 10 what is a detection limit? 11 A. It's the lowest limit at 12 which you can accurately measure the 13 quality of PCBs. 14 Q. So if your detection limit 15 is too high, what's the problem, if any? 16 A. Well, the problem is that 17 the PCBs might be there and you wouldn't 18 see them, necessarily. 19 Q. You were asked about the 20 detection limits as seen in this 21 compilation of data from Cocciardi. Do 22 you recall that? 23 A. Yes, sir. 24 Q. And I believe you referred ESQUIRE DEPOSITION SERVICES TOWOLDMON0060902 66 1 to the detection limits that appear on 2 the early part of this data package; is 3 that correct? 4 A. Yes. That's correct. 5 Q. How would you characterize 6 the detection limits early on? 7 A. The detection limits at the 8 beginning of the testing program in July 9 were relatively high. Just flipping 10 through the pages, I forget how deep we 11 went into it, but the first, I would say, 12 14,15 pages, which is into the middle of 13 August, if I read the code correctly, is 14 the level. The detection limits are - 15 they range from three to as high as eight 16 or thereabouts micrograms per cubic 17 meter. 18 Q. And what happens at Page 15 19 and then going forward for the rest of 20 the 99 pages? 21 A. Beginning on Page 15, or in 22 mid to late August, the detection limits 23 dropped pretty dramatically by almost a 24 factor of ten to where they are typically 68 1 to see, and based on the literature I've 2 seen it's also right around background 3 levels found in air. So measuring -- 4 being able to detect much lower than that 5 isn't going to help you because you are 6 studying background. 7 Q. Now, we see all of these NDs 8 here. Does that stand for Notre Dame? 9 A. No. That stands for not 10 detected, essentially meaning that it was 11 -- no PCBs were found above that level. 12 That's in the orange or yellow column. 13 Q. If you just take a look at 14 this Page 92. Why don't we go down to 15 the bottom. Are we seeing any 1260? You 16 see a 1242 on 12/13, but are there any -- 17 that's the total. Are there any in this 18 column of 1260 any 1260 being detected? 19 A. No, sir. 20 Q. Now, what happened in '95 21 and '96 with respect to these detection 22 limits? 23 A. The detection limits got 24 even better. 67 1 from that point forward less than .5 2 micrograms per cubic meter. And that 3 goes on for pretty much the remainder of 4 1994. 5 Q. They went down to what? 6 A. Typically below .5 7 micrograms per cubic meter. 8 Q. Now, this is from what, 9 December, 12/12,12/13, and so forth? 10 A. Yes. Which page is that? 11 Q. What page is it, Bill? 12 MR. YOUNGBLOOD: '92. 13 BY MR. GOUTMAN: 14 Q. The detection limits are 15 what? 16 A. Again, the detection limits 17 in this case, I believe, are all below .5 18 micrograms per cubic meter, sometimes as 19 low as .1. 20 Q. In your opinion, is that low 21 enough? 22 A. Yes, it is. The .5 is half 23 the NIOSH guideline we've been talking 24 about, so it's well below what you want 69 1 Q. Which means what? 2 A. It means they were lower. 3 The lab was able to detect down to .2 or 4 .3 micrograms per cubic meter 5 consistently. 6 Q. What does that tell you if 7 anything -- let me back up a second. In 8 '95 and '96, did they detect any Aroclor 9 1260 or 1262, the kind of Aroclor found 10 in the ductboard, over .5 in the entire 11 building? 12 A. No, they did not. 13 Q. What does that tell you 14 about the state's theory about Aroclor 15 1262 flying out of the ductboard? 16 A. By 1995, '96 remember the 17 building had been reoccupied, the 18 ventilation system was operating. If 19 PCBs were coming out of the ductboard 20 into the work space, all the samples 21 during that time period would have seen 22 it, and they didn't. 23 Q. You were also asked 24 concerning this air results about purging fee ESQUIRE DEPOSITION SERVICES m TOWOLDMON0060903 1 of the air. Do you recall that? 70 2 A. Yes, sir. 3 Q. And I'd like to show you 4 some documents about that, if I can just 5 approach the witness. Your Honor, I will 6 hand you your copy. 7 THE COURT: Thank you. 8 BY MR. GOUTMAN: 9 Q. I have handed you D.M. 266, 10 which is already in evidence. What is 11 that? 12 A. This is a memo from Mr. 13 Cocciardi to Mr. Spoljaric at DGS. It 14 describes the testing program that was 15 done in October of 1994. It was during 16 the time when the state was beginning to 17 mix return air, basically recycle air, 18 and mix it with outside air. 19 Q. Right after the fire, what 20 did they do with respect to the mix of 21 fresh air being introduced into the HVAC 22 system? 23 A. Initially they used 100 24 percent outside air. In other words, air 72 1 result. 2 Q. And based on the test 3 results, did they find any PCB levels 4 above the NIOSH air guideline? 5 A. No, they didn't. In fact, 6 Mr. Cocciardi concluded that the change 7 didn't increase employee exposure and 8 they recommended that they continue to 9 try to increase the mixture. 10 Q. Sir, I want you to read the 11 sentence that precedes the graph of the 12 data. 13 A. "The sample numbers and 14 levels of PCB detected (only Aroclor 1242 15 was detected) are as follows." 16 Q. Did they find when this did 17 this test, after a number of months of 18 100 percent fresh air down to 75 percent, 19 did they find any of the type of Aroclor 20 that was present in the glue in the 21 ductboard? 22 A. No, sir. 23 Q. Now, at some point did they 24 test it at 50 percent? 71 1 that was at the temperature of the air 2 outside of the building. 3 Q. And why would you do that 4 after a fire? 5 A. To help ventilate smoke and 6 so forth and make sure the air is fresh 7 enough for reoccupancy. 8 Q. Now, at some time did they 9 kick that down to a lower percentage? 10 A. Yes. That's what this memo 11 is all about is the process of confirming 12 that that's okay. The concern was that 13 if there were PCBs in the air that mixing 14 return air and fresh air might increase 15 the PCB concentration. It's a common 16 type of concern in any indoor air quality 17 testing. 18 Q. So what did they do? 19 A. So they essentially ran an 20 experiment where they mixed 25 percent 21 recycled air with 75 percent fresh air 22 instead of 100 percent fresh air and then 23 they ran samples during the time period 24 to see if the PCB levels increased as a 73 1 A. Yes, they did. 2 Q. And let me hand you that 3 document, sir. And so theyVe got it 4 running at 75 percent and then they test 5 it -- 6 THE COURT: This is 7 document -- 8 MR. GOUTMAN: This is DM 9 267, which is already in evidence, 10 your Honor. 11 BY MR. GOUTMAN: 12 Q. And then they test it at 50 13 percent; is that correct? 14 A. Yes, sir. 15 Q. And what did they find? 16 A. Essentially the same thing. 17 That at reducing the outside air level to 18 50 percent still resulted in PCB levels 19 that were either nondetect or they were 20 well below the NIOSH guideline. 21 Q. And, sir, looking at the 22 results, did they find any of the type of 23 PCB that was found in the glue in the 24 ductwork? ESQUIRE DEPOSITION SERVICES TOWOLDMON0060904 74 1 A. No, they did not. 2 Q. On either of these occasions 3 when they measured it at 75 percent, or 4 when they measured 50 percent, did they 5 find either 1260 or 1262? 6 A. No, sir. 7 Q. What does that tell you 8 about the state's theory about 1260 or 9 1262 flying out of the ductwork? 10 A. It just confirms what I was 11 already saying from the data in general. 12 If they were recycling more and more air, 13 and PCBs were flying out of the ductboard 14 dining that time, you would expect to see 15 the levels start to increase, and you 16 certainly would be able to measure them. 17 But they found none of the 1262 or 1260 18 they were talking about from the 19 ductboard in these tests either. 20 Q. Now, you were questioned, 21 sir, about Mr. Ewing's experiment. Do 22 you recall that? 23 A. Yes, sir. 24 Q. And let me just check my 76 1 A. A total of three in one 2 hour, one hour steps, continuous steps. 3 Q. At what intervals did he 4 measure the air, the PCBs in the air? 5 A. Every hour. 6 Q. Now, this ductboard that he 7 was testing, was it removed from the 8 building before the fire or after the 9 fire? 10 A. After the fire. 11 Q. And, sir, do you have an 12 opinion, or have you reached a 13 conclusion, as to whether Mr. Ewing's 14 tests were scientifically valid? 15 A. No. I don't believe they 16 were. 17 Q. Do you believe as an 18 engineer and a scientist that the test 19 results are reliable? 20 A. No, I don't. 21 Q. Why don't you believe that 22 the test -- the experiments were 23 scientifically valid? 24 A. Well, it was - there were 75 1 notes, your Honor, to make sure I'm where 2 I'm supposed to be. My notes don't 3 appear to be in any order. 4 MR. MCCLAIN: I wouldn't 5 have guessed that. 6 BY MR. GOUTMAN: 7 Q. Just to reacquaint ourself 8 with Ewing's experiment, what did he do? 9 A. Mr. Ewing took the samples 10 of ductwork that he cut out of the 11 ductboard in the building, put them in 12 three -- put a sample in each three 13 different small chambers, heated them up, 14 cooked them, if you will, and collected 15 the air from inside those chambers and he 16 used that to try to determine what I 17 think he termed off-gassing rates at the 18 rate at which PCBs might come out of the 19 ductboard at different temperature 20 conditions. 21 Q. What did he cook them with? 22 A. With a sun lamp. 23 Q. And for how many hours did 24 he cook them? 77 1 flaws in the experiment in general. 2 First, it wasn't reproducible. He ran 3 the same test three times and got two 4 different results. And his results 5 deviated from what good science would 6 tell you was going to happen. 7 Q. When you say it's 8 reproducible, what significance, if any, 9 does that concept play in science? 10 A. Well, if you are going to 11 conduct an experiment like this, and you 12 establish a recipe, or a series of steps 13 that somebody is supposed to follow, you 14 would expect to be able to give that to 15 somebody and make them run the test over 16 and over and over again and get more or 17 less the same results the same time. 18 Reproducibility on tests like this is 19 very important. 20 Q. On the question on the test 21 of - on the criterion of 22 reproducibility, does Ewing's experiment 23 pass that? 24 A. No, not in my opinion. ESQUIRE DEPOSITION SERVICES TOWOLDMON0060905 78 1 Q. You say it deviated from 2 what you know about science. 3 A. I forget my exact words, but 4 the results didn't match up with what 5 science would tell you should happen. In 6 particular, if you have -- if you heat 7 something up that has a vapor pressure 8 you would expect the vaporization rate to 9 increase as the temperature goes up. 10 In his experiments he found 11 all kinds of results, which didn't match 12 up with them. He found in some cases the 13 temperature would go up and the 14 vaporization would go down. Those kinds 15 of results cast a lot of doubt to people 16 like me as to whether his experiment was 17 really any good or not. 18 Q. As a scientist, sir, if I 19 said I just did an experiment and I can 20 prove that when I throw a ball up it 21 keeps on going up. Would you press that? 22 MR. MCCLAIN: Your Honor, 23 it's leading. 24 MR. GOUTMAN: Just giving a 80 1 that were known to exist in the ductwork, 2 which is essentially room temperature. 3 Q. In what other ways did those 4 little chambers not reflect the 5 conditions in the T&S Building? 6 A. Well, you already mentioned 7 the sun lamp. There are no sun lamps in 8 the ductwork. A sun lamp is basically a 9 radiant heat device like the sun, which 10 is going to bake something. In this 11 particular instance, for the chamber to 12 get hot, the piece of ductwork has to get 13 hot first, and that's what heats up the 14 air inside the chamber. Probably the 15 best analogy is parking your car out in 16 the sun on a day that seems reasonably 17 nice, 70 or 80 degrees. If you go and 18 touch that car after a couple hours it's 19 hot. It's hotter than you would expect 20 it to be given the air temperature. 21 That's because it's being exposed to the 22 radiant heat. 23 Q. And what other reasons 24 didn't it accurately reflect the 79 1 hypothetical, your Honor. 2 MR. MCCLAIN: I withdraw, 3 your Honor. 4 BY MR. GOUTMAN: 5 Q. If I were to say, Mr. 6 Woodyard, I have a great new discovery. 7 I have just done a test and I throw a 8 ball up and it never comes down. It just 9 keeps on going up. What would you say? 10 A. That it defies basic laws of 11 science. So, of course, it doesn't make 12 any sense. You certainly want to see a 13 lot more background on your experiment. 14 Q. What flaws did you identify 15 in Mr. Ewing's experiment? Perhaps you 16 can resume your seat for now. 17 A. Thank you. First and 18 foremost, for me anyway, even though his 19 experiment was designed to try to 20 simulate conditions in the T&S Building, 21 which makes some sense, he didn't 22 actually simulate conditions from the T&S 23 Building. Most importantly, he never 24 actually ran a test that the temperatures 81 1 conditions in the T&S Building? 2 A. The ductboard samples were 3 about a square foot and they were 4 situated in the - on stands inside these 5 chambers and the air heated. Aside from 6 the sun lamp heating the fiberglass side, 7 the air in the chamber was also exposing 8 the adhesive along the cut edges of the 9 ductboard, which would not happen in the 10 building. It was a continuous piece of 11 ductboard inside the actual ductwork 12 itself. 13 Q. What would that do? 14 A. That would increase the 15 chance or the opportunity for PCBs to 16 come out of the adhesive. Otherwise, 17 they have to work their way through. If 18 they leave the adhesive at all they have 19 to work their way through the fiberglass, 20 which I think I discussed earlier isn't 21 going to happen. 22 Q. What role does fiberglass 23 usually play? What's its function? 24 A. It's an insulator. It's ESQUIRE DEPOSITION SERVICES TOWOLDMON0060906 82 1 designed to essentially delay heat. 2 Q. By exposing the cut edge on 3 all six sides to this increased heat, 4 what is that going to do? 5 A. It's going to heat the 6 adhesive up much faster and bring it up 7 to the temperature that the air inside 8 this chamber is at, which is not similar 9 to or consistent with what's going on in 10 the ductwork. 11 Q. What's going on in the 12 ductwork? How many of the six sides of a 13 piece of ductboard are going to be 14 exposed to heat? 15 A. Four sides of the ductwork. 16 You are talking about the cut sides. 17 Q. Let's say this is adhesive 18 ductboard, okay? 19 A. Okay. That looks similar to 20 the exhibit that I used earlier. Mine 21 was prettier. 22 Q. Why don't we get those out. 23 I don't like being insulted like that. 24 Let's get those out. 84 1 heat source? 2 A. No, not directly. Only the 3 top surface, which is the inside of the 4 ductwork. 5 Q. In Ewing's experiment, how 6 many sides were exposed to this increased 7 heat? 8 A. All of them. All six. 9 Q. What's that going to do to 10 your results? 11 A. It's certainly not -- it's 12 going to create a result that is not 13 representative of what's going on in the 14 T&S Building. 15 Q. What other, if any, flaws 16 did you find? Let's back up one second. 17 THE COURT: What is the 18 number of this exhibit? 19 MR. GOUTMAN: I'm sorry. 20 This is 3123 B. DM 3123 B, as in 21 boy. 22 BY MR. GOUTMAN: 23 Q. This aluminum back, did he 24 expose that to heat? 83 1 I think earlier, just to 2 shorten things up, you identified this as 3 a schematic, if you will, of a piece of 4 caulk -- a piece of ductboard. 5 A. Yes. That was, by the way, 6 my step one in the improbable state 7 period that PCBs actually left the glue, 8 which they didn't. 9 Q. And this gray would be the 10 aluminum background? 11 A. That depicts the aluminum 12 field on the back of the ductboard. 13 Q. And the red? 14 A. Is the adhesive. 15 Q. Glue? 16 A. Yes. 17 Q. And the yellow is what? 18 A. Is the fiberglass. 19 Q. Now, as this exists in the 20 T&S Building, would the front side, this 21 side side, the bottom where the aluminum 22 foil is, would this side that we can't 23 see and the backside that we can't see, 24 would those five sides be exposed to any 85 1 A. Yes, sir. That was raised up 2 off the bottom of the chamber. 3 Q. Dining the normal operation 4 of the HVAC system, would that be exposed 5 to heat? 6 A No. That's the side that 7 would have actually been exposed to the 8 return air plenum. In other words, the 9 air coming out of the rooms and back into 10 the ventilation system. 11 Q. Now, what, if any, other 12 flaws did you find in this experiment you 13 ran? 14 A. Along the same line. There 15 was no temperature taken of the adhesive 16 or the foil and lost results from the 17 surface temperature of the fiberglass 18 itself. So all we really knew was what 19 the air temperature was inside the room. 20 Q. Was there any temperature 21 taken right here with the foil? 22 A. No, sir. 23 Q. Was there any temperature 24 taken right here with the exposed glue? ESQUIRE DEPOSITION SERVICES TOWOLDMON0060907 86 1 A. No. 2 Q. Did he record any 3 temperatures from the surface where the 4 sun lamp was beating down on the duct? 5 A. I think he recorded them and 6 didn't document the results as part of 7 the experiment. 8 Q. He lost them? 9 A. Correct. 10 Q. What, if any, significance 11 does that have that he didn't measure the 12 temperature at the foil, the temperature 13 at the glue, and he seems to have lost 14 the temperatures at the surface? 15 A. Well, those are temperatures 16 we are concerned about. It makes the 17 experimental result incomplete. It's 18 difficult to draw conclusions that you 19 can apply to the T&S Building. 20 Q. What, if any, other flaws 21 did you find in his experiment? 22 A. Those were the big ones. 23 Q. Did he have a protocol? 24 A. Well, his experiment is used 88 1 you if you decide to, for example, put a 2 sun lamp inside of your chamber. That's 3 not part of the ASDM procedure. So he 4 deviated, and the results are, as I 5 discussed before, hard to reproduce now. 6 Q. What problems do you run 7 into, if any, when you do not follow an 8 established test protocol? 9 A. First of all, it can be 10 difficult to reproduce, as we said 11 before, which kind of destroys the 12 validity of it to other scientists. 13 Q. Was there anything missing 14 from his test plan or protocol? 15 A Well, the test plan that I 16 saw was relatively general. Most of the 17 details were missing. I talked about 18 recipes before. If it were a cooking 19 recipe, which I'm very familiar with, you 20 couldn't give it to somebody else and say 21 here, you know, use this to bake a cake. 22 There isn't enough information in there 23 to tell you exactly what to do. He 24 adapted and changed the plan as he went 87 1 as a foundation, a standard test that was 2 developed by the American Society of 3 Testing and Materials, ASDM. It's a test 4 that's really designed for doing 5 off-gassing tests at room temperature 6 essentially. So since he wanted to heat 7 the ductboard, there was no standard 8 test, if you will, that he could use. So 9 he started with that and made some 10 changes and basically adapted that test 11 to his purposes. 12 Q. Was he following then an 13 established test protocol? 14 A. Not specifically, no. 15 Q. And what is your conclusion 16 about that? 17 A. Well, since I was a member 18 of ASDM for many, many years on 19 committees and I know what the process 20 involves, a pretty rigorous review by all 21 the members of test protocols like this. 22 If you deviate from the test protocol you 23 essentially do it at your own risk. 24 There is no peer review that will support 89 1 along rather than following a 2 step-by-step recipe, as I said. 3 Q. Did he follow even his own 4 recipe, his own test plan? 5 A No, he didn't. The first, 6 and as I said before, the most important 7 deviation to me is that he chose not to, 8 for whatever reason. Actually, he 9 tested it at room temperature. Actually 10 tested trying to mimic the conditions 11 that existed in the T&S Building. He 12 instead went immediately to a higher 13 temperature and never actually went back 14 and retested it at room temperature, 15 which would have been the result that I 16 think is most important to all of us. 17 Q. Did he originally planto 18 test at room temperature? 19 A. Yes, he did. 20 Q. Did he? 21 A. No. 22 MR. GOUTMAN: Your Honor, 23 I'm about to start a new subject. 24 We got about ten minutes left. I * ESQUIRE DEPOSITION SERVICES TOWOLDMON0060908 90 1 can't complete that subject so I 1 LAWYER'S NOTES 2 suggest we defer it until first 2 PAGE LINE 3 thing in the morning. 3 4 THE COURT: You are 4 5 available tomorrow morning, Mr. 5 6 Woodyard? 6 7 THE WITNESS: Yes, sir. 7 8 THE COURT: We will now then 8 9 adjourn until tomorrow morning at 9 10 9:30. 10 11 THE COURT CRIER: This court 11 12 will stand adjourned until 9:30 12 13 a.m. tomorrow morning. Everyone 13 14 remain seated until the jury 14 15 leaves the room. 15 16 (Court was adjourned at 16 17 approximately 2:20 p.m.) 17 18 18 19 19 20 20 21 21 22 22 23 23 24 24 1 CERTIFICATE 2 3 4 5 I hereby certify that the 6 witness was duly sworn by me and that the 7 deposition is a true record of the 8 testimony given by the witness. 9 10 11 12 13 Megan McKay, RPR 14 Dated: March 21,2000 15 16 (The foregoing certification of this 17 transcript does not apply to any 18 reproduction of the same by any means, 19 unless under the direct control and/or 20 supervision of the certifying shorthand 21 reporter.) 22 23 24 91 92 ESQUIRE DE POSITION SERVICES TOWOLDMON0060909 93 able 49:18 68:4 69:3 74:16 77:14 about 13:23 16:13 17:6 19:16 20:24 21:4 22:24 23:12,19 24:16,19 25:10,19 28:21 30:12 30:14 31:2 32:12 38:23 39:12 41:2 43:13,20 44:4,11 45:19,22 47:17 48:3 48:20 52:6 54:15 55:16 56:4,13 57:15 58:21 59:12,19 63:10,12 64:9 65:4,9 65:19 67:24 69:14,14,24 70:4 71:11 74:8,8,18,21 78:2 81:3 82:16 86:16 87:16 88:17 89:23,24 above 53:24 54:5,7,21 59:6 68:11 72:4 above-captio... 1:17 access 23:4 26:1 55:8,10 according 29:15 accurately 65:12 80:24 actual 35:1 54:3,6 61:20 81:11 actually 30:18 34:16 56:6 56:24 79:22 79:24 83:7 85:7 89:8,9 89:13 adapted 87:10 88:24 additional 47:8 62:3 adhesive 43:20,22 81:8,16,18 82:6,17 83:14 85:15 adjourn 90:9 adjourned 90:12,16 admissible 20:7 ADVANCE 1:12 advised 19:21 aerospace 1:10 2:19 after 43:1 54:12 70:19 71:4 72:17 76:8,10 80:18 afternoon 9:11,13,15 9:24 11:13 11:19,21 51:6 again 12:5 25:21 32:10 32:14 34:22 40:8,16 42:24 51:6 61:8,10 65:9 67:16 77:16 agency 1:6 55:20,22 aggregate 42:21 ago 47:3 agreement 13:21 ahead 32:6 63:19 air 43:16 48:5 48:6 59:24 60:7 63:4 64:10,15,18 64:19,21,24 65:2,3 68:3 69:24 70:1 70:17,17,18 70:21,24,24 71:1,6,13,14 71:14,16,21 71:21,22 72:4,18 73:17 74:12 75:15 76:4,4 80:14,20 81:5,7 82:7 85:8,9,19 airborne 45:11 almost 66:23 along 23:19 55:17 56:13 81:8 85:14 89:1 already 70:10 73:9 74:11 80:6 Although 45:8 aluminum 83:10,11,21 84:23 always 8:20 AMERICA 1:11 American 87:2 amount 12:6 14:11 57:6 57:20,21 analogy 80:15 analysis 37:15 38:2 analytical 14:21,24 analyze 15:9 analyzed 35:6 and/or 91:19 another 34:10 42:12 answer 8:12 20:15 37:5 anybody 6:9 anything 6:20 6:23 17:6 18:5 19:1 20:22,24 32:7 33:15 42:10 47:12 47:19 56:7 59:6 63:10 63:12 69:7 88:13 anyway 79:18 Anywhere 48:11 appear 28:5 45:17 66:1 75:3 appeared 28:8 appears 28:6 28:9 34:10 53:7 54:4 applicable 47:20 apply 16:10 86:19 91:17 approach 21:9 59:15 70:5 appropriate 42:3 approval 44:16 approximately 1:19 90:17 April 9:19,20 9:2110:2,5 29:15,15 area 39:6 40:5 61:22 areas 24:17 55:9,11,15 aren't 32:12 argument 5:6 5:21 63:24 Aroclor 29:6 31:12,16,20 31:21,24 61:5,18 69:8 69:9,14 72:14,19 around 43:23 57:12 68:2 article 48:20 48:21 49:2 49:24 50:2 51:9 52:19 53:8 54:9 asbestos 28:22 31:16 32:1 33:2,3 ASDM 87:3 87:18 88:3 Aside 81:5 asked 16:12 19:14,15 21:3 28:20 31:139:12 43:12 44:3 48:19 63:2,8 63:8 64:9 65:8,19 69:23 asking 19:17 assessment 22:20 52:11 52:15 assigned 9:22 assignment 10:2 assignments 5*4,5 associated 51:12 attempt 29:4 attention 56:15 attorneys 8:22 9:2 August 21:4 21:24 66:13 66:22 author's 44:16 available 90:5 Avenue 2:7 average 31:6 31:8 32:14 32:19,24 35:23 36:4 37:11 38:4,6 38:12,13,16 39:7,10,21 39:23 40:17 40:21 42:1 averaged 41:19 averages 29:24 41:22 42:22 avoid 6:17 aware 15:18 away 32:1 40:22 a.m 90:13 B B 2:3 84:20,20 back 20:11 21:24 25:5 31:14 37:3 45:15 49:8 55:24 57:8 69:7 83:12 84:16,23 85:9 89:13 background 27:21 39:3,4 39:5 40:3,7 40:15,19 68:2,6 79:13 83:10 backside 83:23 bags 16:19,22 16:23 17:11 18:6 19:2,16 19:18 bake 80:10 88:21 ball 78:20 79:8 ballasts 31:23 bars 40:20 based 68:1 72:2 basic 79:10 basicaHy 46:10 70:17 80:8 87:10 basis 22:19 bear 20:23 beating 86:4 before 1:14,19 7:21,23 10:11 12:8 26:4,5 27:14 32:12 35:11 35:12 39:2 43:3,17,18 44:2 47:7 54:12,16 76:8 88:5,11 88:18 89:6 begin 10:23 beginning 1:19 26:24 66:8,21 70:16 behalf 60:10 being 14:7 15:13 35:9 49:18 57:11 64:21 68:4 68:18 70:21 80:21 82:23 believe 7:19 16:13 25:7 29:20 36:2 36:15,22 48:15 52:5 52:17 60:12 65:24 67:17 76:15,17,21 believes 22:22 23:1 below 37:10 52:7,11 55:9 67:6,17,24 73:20 best 33:12 36:6 80:15 better 22:24 34:17 68:24 between 15:7 29:23,24 beyond 20:6 big 86:22 Bill 67:11 biphenyls 28:18 bit 44:18 black 44:11 blown 45:5 56:14 blow-up 34:12 44:22 52:20 54:1,23 blow-ups 49:1 blue 44:11 book 44:4,11 44:11,13,24 45:18 48:11 booked 6:12 borrow 37:22 both 32:5 bottom 22:14 28:8,9 35:1 39:10 41:3 68:15 83:21 85:2 Boulevard 1:23 boy 84:21 break 7:7,9 39:7 50:15 50:17 bring 8:23 10:14 82:6 Broad 2:17 broke 9:17 building 12:8 15:24 16:15 17:1,12 18:11 20:19 30:4 31:19 35:14,16 40:20,23,23 43:13 47:10 47:15,21 50:4,7,12 51:15,20 52:1,7,11 57:11,13,22 58:1,3,4,15 58:23,24 59:2,5,7,10 60:1 63:4 64:15 69:11 69:17 71:2 75:11 76:8 79:20,23 80:5 81:1,10 83:20 84:14 86:19 89:11 buildings 40:4 40:22 41:5 bulk 23:3 43:14,15,16 burn 17:15 burned 12:13 ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60910 94 17:1,4,16,21 18:4,19 19:2 20:20 21:2 burning 18:16 by-products 58:11 C C 2:191:1,1 cake 88:21 calculated 38:4 calculator 49:19 call 18:17 called 12:21 14:12 45:24 calling 22:17 40:18 came 5:10 56:11 cancel 8:8 capital 60:18 Capitol 2:22 car 80:15,18 case 10:14,19 37:11 46:6 47:9 67:17 cases 5:22 36:8,9 61:21 78:12 cast 78:15 caulk 83:4 caused 12:10 centimeters 23:18 24:15 24:23 25:22 25:23 27:20 48:2 55:7,14 certain 15:12 55:12 certainly 74:16 79:12 84:11 certainteed 1:9 3:3 certification 91:16 certify 91:5 certifying 91:20 chamber 80:11,14 81:7 82:8 85:2 88:2 chambers 5:8 9:3 75:13,15 80:4 81:5 chance 10:10 45:1 81:15 change 13:2 72:6 changed 88:24 changes 87:10 chaotic 30:1 chapter 45:15 45:16 characterize 66:5 characterized 64:16 Charles 1:15 9:9 chart 33:6 39:22 40:10 40:16 charts 41:13 cheaper 14:18 check 74:24 chemical 13:12 14:7 15:10 18:22 18:23,24 chemicals 20:20 CHEMREX 1:10 chose 89:7 chronological 62:15 church 8:18 Circle 2:7 circumstances 12:16 cite 22:15 cited 53:10 54:18 City 1:17 56:17 clarify 44:12 clean 14:9,22 22:17 24:4 25:19 28:18 32:22 45:9 45:11,21,24 46:2,2,5,5,6 46:8,10 47:17 48:14 48:21 49:2 50:6 51:18 51:19 52:16 58:10 cleaned 15:13 57:14 58:4 58:12 59:11 cleaning 45:19 46:24 clear 13:19 coated 19:9 Cocciardi 29:11 60:10 61:1 65:21 70:13 72:6 code 66:13 coding 62:8 collected 17:2 29:10 35:10 35:13 36:1 40:4 60:9 75:14 column 34:24 35:3,17,18 35:21 36:5 55:22 61:1,7 61:10,12 62:2 68:12 68:18 13:14 64:15 columns 75:20 79:20 34:11 61:3 79:22 80:5 61:14,15,19 81:1 89:10 combustion conduct 26:15 17:16 28:3 77:11 come 5:16,19 confirmation 10:8 20:4 10:8 33:8,19 confirming 38:24 75:18 71:11 81:16 confirms comes 79:8 74:10 coming 7:13 congratulate 69:19 85:9 49:17 COMMISSION consensus 1:5 55:21 56:5 committees considering 87:19 27:21 common consistent 71:15 82:9 commonly consistently 45:10 53:10 69:5 54:18 contact 23:3,4 commonwealth 24:5,7,16,18 1:1 9:6,7,23 24:23 25:20 communicate 25:24 26:1 10:11 55:15 COMPANY contain 13:4,6 1:9,12,13 25:9 compare 42:6 contained 57:19 58:13 13:4 31:20 compared 31:22 43:16 24:3 42:20 43:19,21 comparing contamination 42:7,15,18 14:14,19 compilation 27:18,21 65:21 45:12 47:5,8 complete 90:1 contents 17:1 completed context 14:17 10:20 continue completeness 10:23 23:21 26:22 25:2 72:8 compound continuous 15:10 76:2 81:10 concentration control 47:4 31:7 35:4 91:19 71:15 cook 75:21,24 concept 77:9 cooked 75:14 concern 14:7 cooking 88:18 15:22 71:12 copies 44:17 71:16 copy 21:12,15 concerned 70:6 86:16 corporation concerning 1:9,12 2:13 69:24 3:4 concluded correct 7:11 72:6 16:16 24:9 conclusion 30:23 31:12 10:15 12:10 31:13,16 43:8 76:13 39:8 41:19 87:15 44:5 52:9 conclusions 57:5 62:1,12 43:7 86:18 62:22,24 concrete 65:7 66:3,4 48:21 49:3 73:13 86:9 50:3,6,11 corrections 51:8 52:19 44:20 53:8 correctly 23:8 conditions 66:13 corresponding 14:11 corresponds 15:21 counsel 2:5,9 2:13,18,24 3:3 10:21 37:17 45:7 60:4 County 56:18 couple 15:2 80:18 course 17:17 64:14 79:11 court 1:1 5:1 5:6,16,19 6:2 6:7,14,17,24 7:3,8,18,23 8:4,20 9:1,5 9:8,13,16,23 10:3,18 11:4 11:9,24 20:1 21:10,16 33:9,14,20 36:23 37:16 41:11,16 46:22 50:16 50:18,18,23 50:24 51:4 53:2,18 59:17,21 60:15 70:7 73:6 84:17 90:4,8,11,11 90:16 courtaulds 1:10 2:18 Courtroom 1:18 create 19:3 84:12 CRIER 9:5 11:4,9 50:18 50:23 90:11 criteria 24:4 25:20 criterion 45:11 77:21 cross 19:24 20:5 36:15 36:22 45:6 47:5 52:21 60:4 64:10 CT 2:23 cubic 45:12 48:7 61:21 66:16 67:2,7 67:18 69:4 cumulative 36:11 41:8 current 45:13 cut 75:10 81:8 82:2,16 D D 4:1 damaged 17:22 Dame 68:8 DANAHER 2:21 data 22:1 34:21 38:3 39:22 40:6 41:22 42:12 65:21 66:2 72:12 74:11 date 29:12 62:7,9 Dated 91:14 day 8:9 80:16 days 15:2 dealing 44:24 deals 55:17 dealt 36:14,21 debate 8:7 debris 46:7 47:4 December 67:9 decide 88:1 declared 9:8 decontaminat... 50:3 51:11 51:14 53:11 54:19 deep 66:10 Defendant 2:13,18,24 3:3 Defendants 1:13 defer 90:2 defies 79:10 definitely 43:9 degrees 80:17 delay 82:1 delighted 6:24 10:16 demolition 12:8 department 1:2,3,6 56:16 depicts 83:11 deposited 38:21 deposition 1:22 91:7 describes 62:4 70:14 description 34:24 designed 79:19 82:1 87:4 desk 18:8 desks 17:8 destroys 88:11 detached 5:14 10:1 details 88:17 detect 31:24 68:4 69:3,8 detected 18:10 51:20 68:10,18 ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60911 95 72:14,15 detection 61:4 61:17 65:9 65:10,14,20 66:1,6,7,14 66:22 67:14 67:16 68:21 68:23 determine 75:16 develop 15:7 56:2 developed 87:2 deviate 87:22 deviated 77:5 78:1 88:4 deviation 89:7 device 80:9 DGS 21:6 22:11 23:23 25:2 70:13 differed 44:18 difference 29:23 32:20 41:6 different 17:16 18:22 18:24 19:8 23:11 30:11 36:3 40:18 75:13,19 77:4 difficult 86:18 88:10 difficulty 42:18 dioxin 13:24 14:7,10,14 14:20 15:8 15:22 18:2,6 18:10,14,19 19:5 58:6,11 58:14,15,22 59:5,8 dioxins 13:13 13:15 14:5 15:1118:21 direct 20:3 36:12,19 41:13 63:11 91:19 directed 56:15 directly 84:2 discarded 39:19 discovery 79:6 discussed 81:20 88:5 discussing 12:15 Discussion 9:3 disposal 32:21 disposed 17:3 distribution 30:2 divide 30:16 DM 73:8 84:20 document 22:6,8 59:15 60:3 73:3,7 86:6 documents 70:4 doing 47:17 87:4 done 7:14 20:14 56:6 64:22 70:15 79:7 doubt 78:15 down 33:8,10 37:10 48:21 53:14,17,19 67:5 68:14 69:3 71:9 72:18 78:14 79:8 86:4 Dr 7:13,14 52:12 dramatic 29:23 dramatically 66:23 draw 43:7 86:18 drew 43:9 dropped 66:23 drove 58:10 duct 43:22,23 86:4 ductboard 43:19,21 47:14 69:10 69:15,19 72:21 74:13 74:19 75:11 75:19 76:6 81:2,9,11 82:13,18 83:4,12 87:7 ductwork 73:24 74:9 75:10 80:1,8 80:12 81:11 82:10,12,15 84:4 due 36:20 duly 91:6 during 5:6 47:14 51:24 69:21 70:15 71:23 74:14 85:3 dust 47:5 duties 10:18 duty 5:8,14 9:22 10:17 D.M 70:9 E E 2:1,1 4:1 11:16 91:1,1 each 60:20,21 60:22 75:12 80:2 82:1 earlier 22:3 87:6,23 52:5 81:20 establish 14:9 82:20 83:1 77:12 early 66:2,6 established Easter 7:19 87:13 88:8 7:21,24 evaluations easy 62:19 26:16 28:3 Echt 21:5,24 even 32:13 edge 82:2 39:19 40:5 edges 81:8 68:24 79:18 edited 44:15 89:3 44:17 evening 7:17 edition 44:8 10:9 44:14 eventually eight 66:15 10:14 either 73:19 ever 41:22 74:2,5,19 Every 76:5 electrical 13:1 everybody 13:2 13:21 electronic Everyone 17:8,23 18:8 90:13 ELECTRONI... evidence 50:8 1:11 50:10 70:10 elevated 59:8 73:9 elsewhere Ewing 75:9 28:5 Ewing's 74:21 EMERGENCY 75:8 76:13 1:5 77:22 79:15 emit 20:19,24 84:5 emphasized exact 78:3 26:6,12 exactly 62:14 27:23 88:23 employee examination 51:13 72:7 19:24 20:3,5 en 5:13 45:6 52:21 end 6:20 60:5 64:11 ends 9:3 12:3 example 18:1 engineer 43:6 42:7 64:23 76:18 88:1 eqjoy 10:16 exceed 27:19 enough 67:21 except 52:2 71:7 88:22 excuse 21:5 entire 26:19 32:4 69:10 exhibit 33:24 entitled 34:24 37:20 53:4 entries 53:24 82:20 84:18 54:5,7 60:21 exist 80:1 EPA 22:5,8 existed 89:11 22:12,12,16 exists 83:19 22:21,24 expect 30:2 23:23 24:4 32:17 74:14 24:15 25:3 77:14 78:8 25:11,19 80:19 28:17 52:7 expenditure 55:2 56:1,6 12:11 equals 24:21 expensive equipment 14:19 13:1 17:8,24 expensively ESQUIRE 14:13 1:22 2:3,6,11 experiment 2:16,21 3:1 71:20 74:21 essence 37:6 75:8 77:1,11 essentially 77:22 78:16 20:16 52:14 78:19 79:13 55:15 56:10 79:15,19 61:4,17 84:5 85:12 64:17 68:10 86:7,21,24 71:19 73:16 experimental 86:17 experiments 76:22 78:10 explain 30:8 expose 84:24 exposed 37:7 80:21 82:14 83:24 84:6 85:4,7,24 exposing 81:7 82:2 exposure 51:13 72:7 extensively 36:14 F F 91:1 facilities 55:12 facility 23:5 26:2 fact 72:5 factor 66:24 fairness 26:17 familiar 56:19 88:19 far 34:23 36:5 FARRINGT... 2:2 faster 82:6 fax 5:10 feasible 27:20 feeling 8:16 33:13 fiberglass 81:6,19,22 83:18 85:17 field 83:12 fifth 42:8,16 fight 33:12 figure 12:4 56:9 find 18:5 19:1 39:6 72:3,16 72:19 73:15 73:22 74:5 84:16 85:12 86:21 fine 34:19 37:24 finish 50:9 fire 12:13 13:11,14 14:4 15:6 16:4 17:5,13 17:21 20:20 30:2 31:5 32:1,13,17 35:11,12 38:9,16,22 39:2 40:17 42:7,9,21 43:1,1,3,10 43:17,18 44:2 46:6,14 47:18 52:3 57:2,4 58:1,8 58:11 70:19 71:4 76:8,9 76:10 fireproofing 29:5 35:9 37:8 44:1 fires 12:21 13:24 15:17 first 5:6 6:8 8:22 22:13 23:24 26:20 26:21 29:21 41:21,24 46:4,10 49:23 55:6 61:15 62:16 62:16,17 66:11 77:2 79:17 80:13 88:9 89:5 90:2 five 38:18 43:3 49:1,12 53:24 83:24 fixture 31:22 fixtures 17:9 17:19 flaws 77:1 79:14 84:15 85:12 86:20 flip 31:14 flipping 66:9 floor 1:23 2:11 16:15 16:23 31:5,6 32:1,14,18 35:2 36:3 39:14 42:8,9 42:16,16 46:9,14,14 47:19 59:7 61:24 floors 30:1 32:16,23 36:7 37:9 52:3 fluid 57:7 fluorescent 31:23 flying 7:16 69:15 74:9 74:13 focus 14:6 21:20 45:5 61:9,11 focusing 53:23 foil 83:22 85:16,21 86:12 follow 62:19 77:13 88:7 89:3 followed 12:17,20 following 14:1 20:1 25:8 87:12 89:1 follows 72:15 ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60912 96 fool 49:21 foot 81:3 footnote 25:6 25:10,10,18 28:6 foregoing 91:16 foremost 79:18 forget 66:10 78:3 forgot 41:2 formed 13:13 13:15 14:5 forth 30:8 55:19 62:13 67:9 71:6 forward 32:3 66:19 67:1 found 40:21 58:14 59:9 68:3,11 69:9 73:23 74:17 78:10,12 foundation 87:1 four 49:1,12 53:24 54:7 61:3,14 82:15 fourth 42:8 frame 51:24 Francisco 56:18 fresh 70:21 71:6,14,21 71:22 72:18 Friday 5:2 8:3 8:18 9:17,23 10:9 12:3 52:6 frog 33:12 from 5:10,14 6:20 10:1 12:3,8,17 13:11,12,15 14:8 17:7 20:11 21:5 29:18 32:1 33:6 34:2,3,7 34:11,14 35:13,15,20 36:6 37:3,18 38:24 40:4 40:17,22 44:18,24 49:1,1 50:3 50:21 51:20 60:1,23 62:18 65:21 66:15 67:1,8 70:12 74:11 74:18 75:15 76:7 77:5 78:1 79:22 81:5 85:16 86:3 87:22 88:14 front 83:20 full 11:5 23:24 fully 10:20 function 81:23 further 61:12 62:4 G gather 37:19 gear 18:9 general 1:3 23:7 74:11 77:1 88:16 give 77:14 88:20 given 32:17 80:20 91:8 giving 78:24 glad 10:6 glue 43:22 47:13 72:20 73:23 83:7 83:15 85:24 86:13 go 5:9 8:17 22:10 32:6 63:19 68:14 78:13,14 80:17 goes 62:17 67:3 78:9 going 5:3,20 7:6,8 8:5,6,6 8:10 9:18 10:13 23:10 24:10 25:12 64:19 66:19 68:5 77:6,10 78:21 79:9 80:10 81:21 82:4,5,9,11 82:13 84:9 84:12,13 good 8:3,18 9:11,13,14 11:12,19,21 50:15 51:5 77:5 78:17 goutman 2:11 4:2 5:24 6:22 7:6,15 8:2,13,24 10:24 11:1 11:12,18,22 12:119:15 19:23 20:9 20:13 21:8 21:11,14,17 26:23 27:3,7 27:13 33:18 33:22 34:4 36:13,20,24 37:13 38:1 40:12,13 41:17 46:23 49:10,13,18 49:20,22 50:14 51:2,5 51:7 53:5,9 53:16,20 59:19,22 60:17,19 63:14,21 64:2,8 67:13 70:8 73:8,11 75:6 78:24 79:4 84:19 84:22 89:22 Grant 2:7 graph 72:11 gray 83:9 great 79:6 gross 45:24 46:2 groups 38:5 guess 8:14,19 32:2 guessed 75:5 guideline 26:14 28:1 48:6 67:23 72:4 73:20 guidelines 45:10 H half 35:1 39:10,22 41:3 51:22 67:22 Hall 1:18 hallways 43:24 hand 21:12 59:23 70:6 73:2 Handbook 44:5 handed 70:9 handled 36:12 happen 77:6 78:5 81:9,21 happened 51:15 68:20 happens 15:20 66:18 hard 47:4 88:5 Harrisburg 5:4 39:6 Hartford 2:23 hazard 26:16 28:3 health 14:8 26:15 28:3 56:17,17 hear 37:17,24 heat 17:22 78:6 80:9,22 82:1,3,5,14 84:1,7,24 85:5 87:6 heated 75:13 81:5 heating 81:6 heats 80:13 held 1:17 help 33:17 68:5 71:5 HENDERSON 2:6 6:5 HERSCHEL 3:1 7:20 8:14 Hershey 40:19 Herzstein 7:13 high 23:3 24:5 24:16,18 25:20,24 55:14 65:15 66:9,15 higher 30:6 31:7 32:15 38:18 43:2,4 57:23 58:16 58:20 89:12 highlighted 26:19 27:4 27:15 him 19:17 37:24 63:20 Himalaya's 6:12 holding 44:13 44:19 54:2,8 Honor 6:23 7:22 9:12,15 11:2,22 19:11,20 21:9,14 26:18 33:7 33:23 36:10 36:13,17,21 37:21,24 41:7 49:16 49:21 50:15 51:3 53:6,15 59:16 63:6 63:18 70:5 73:10 75:1 78:22 79:1,3 89:22 honorable 1:14 9:9 hot 80:12,13 80:19 hotter 80:19 hour 76:2,2,5 hours 65:4,6 75:23 80:18 HOYLE 3:1 HUMPHREY 2:2 hundred 24:14 25:22 25:23 27:19 48:1 HYAC 70:21 85:4 hypothetical 79:1 I ID 60:23 61:2 identical 55:1 identification 39:13 53:3 60:16,24 identified 35:21 83:2 identifies 62:2 identify 41:14 55:23 79:14 IDs 34:23 imagine 17:7 immediately 57:18 89:12 important 8:21 10:12 77:19 89:6 89:16 importantly 79:23 improbable 83:6 inc 1:10,10 2:19 incidents 57:2 including 22:18 incomplete 86:17 increase 71:14 72:7,9 74:15 78:9 81:14 increased 43:10 71:24 82:3 84:6 Independence 2:4 indicate 32:13 60:21 indicated 5:2 5:13 52:4 53:1 62:9 indicates 62:7 Indicating 11:14 indicator 15:9 individual 60:22 indoor 23:2 24:6,7 25:20 25:24 71:16 industrial 23:5 26:2 55:12 industry 56:2 56:8 57:1 infect 51:11 information 22:2,18 25:9 29:18 39:20 39:21 62:4 88:22 Initially 70:23 inside 35:15 58:22 75:15 80:14 81:4 81:11 82:7 84:3 85:19 88:2 instance 80:11 instead 71:22 89:12 insulator 81:24 insulted 82:23 interrupt 41:10 intervals 76:3 introduced 70:21 investigators 26:15 27:16 27:17 28:2 involved 14:6 56:8 57:7 involves 87:20 isolation 42:4 issue 13:20 31:3 items 18:8,8 J James 52:12 john 4:1 11:2 11:7 joins 10:21 joyce 2:16 5:11 JR 1:15 Judge 5:11 July 62:10,11 62:13 66:8 jump 32:3 Junior 9:10 juror 7:4,5 jury 6:9,18 8:23 9:17 11:14 21:19 25:13 31:19 90:14 jury's 8:15 just 12:2 14:12,18 15:8,9,20 17:6 20:24 22:10 30:5 31:12 40:5 41:1,2,8 43:9 44:12 45:5 45:14 50:9 59:23 60:13 62:17,21 63:19 64:4 66:9 68:13 70:4 74:10 74:24 75:7 78:19,24 79:7,8 83:1 J.F.K 1:23 K keep 10:13 keeps 78:21 79:9 KEN 2:21 ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60913 97 KENNETH 2:3 KERR 3:1 kick 71:9 kilogram 30:13,18 kind 13:3 30:1 69:9 88:11 kinds 17:20 78:11,14 knew 85:18 know 6:8,18 10:2113:18 37:16 43:14 43:16 45:15 78:2 87:19 88:21 known 18:2 18:17,18 35:2 80:1 Kominsky 35:23 36:1 Kominsky's 37:9 L lab 15:1,2 60:24 61:15 69:3 labels 36:6 laboratory 61:3,11 LAGNESE 2:21 lamp 75:22 80:7,8 81:6 86:4 88:2 lamps 80:7 language 28:4 laps 8:11,16 large 16:24 last 11:5 12:3 20:12 25:17 37:1,4 62:1 late 9:24 10:9 66:22 later 55:3 56:11 laws 79:10 LAWYER'S 92:1 leading 46:21 78:23 leads 13:24 least 42:1 51:22 leave 81:18 leaves 90:15 left 5:9 27:1 34:23 62:7 83:7 89:24 left-hand 35:21 legible 22:23 less 14:13 32:24 67:1 77:17 let 6:18 30:5 45:4 50:9 69:7 73:2 74:24 letter 21:5,13 21:23 23:22 29:15 letters 10:7 Let's 31:10 49:5 63:14 63:21,23,24 82:17,24 84:16 level 14:19 15:12,15,16 15:19,20,21 15:22 24:19 27:20 32:19 48:13 52:12 66:14 68:11 73:17 levels 39:3,5 40:21 43:1,9 58:14,15,22 59:5,8 68:3 71:24 72:3 72:14 73:18 74:15 Lexington 2:3 liability 51:12 Liberty 2:11 light 17:9,18 31:22,23 like 17:9,14 17:18,23 18:9 20:21 21:12 33:6 34:1 46:24 47:5 49:17 64:18 70:3 77:11,18 78:16 80:9 82:23,23 87:21 limit 61:4,16 61:17 65:10 65:11,14 limits 65:9,20 66:1,6,7,14 66:22 67:14 67:16 68:22 68:23 line 60:22 85:14 92:2 lines 60:21 liquid 13:3 46:8 list 59:24 listed 37:10 literature 68:1 little 30:11 44:18 80:4 LLP 2:16 location 62:5 locations 36:3 long 51:17,18 65:1,1,5 longer 14:21 14:24 look 29:14 31:10 49:14 68:13 looking 16:18 17:11,11,17 17:19 18:3 19:16,17 21:18,21 29:3 53:21 73:21 looks 34:1 82:19 loose 12:3 lose 6:15 lost 85:16 86:8,13 lot 17:14,15 30:6 47:4 57:3,9 78:15 79:13 low 23:3 24:7 24:23,24 25:24 45:9 67:19,20 lower 39:22 68:4 69:2 71:9 lowest 27:20 65:11 lozenges 33:19 M M 2:11 11:16 made 17:24 29:22 44:20 87:9 make 6:10 10:19 32:20 38:3 41:6 42:2,14 71:6 75:1 77:15 79:11 makes 79:21 86:16 Malvern 5:10 management 1:6 44:5 mandatory 20:2 many 20:18 60:11 75:23 82:12 84:6 87:18,18 March 1:16 1:18 91:14 marked 33:23 Market 3:2 56:19,20 57:8,20 58:7 58:14 59:1,5 match 14:10 36:7 78:4,11 material 17:22 47:7 materials 17:20 18:17 18:18 20:23 87:3 merely 26:14 matter 1:17 28:1 matters 20:4 merry 5:9 maximum messiest 46:11 32:15 messy 46:19 maximums 47:3 29:23 met 5:113:14 may 11:23,24 metal 19:9 18:4 33:9 43:23 49:7 50:23 metals 19:10 51:2,4 53:14 meter 23:2,13 53:16 59:17 23:17 24:12 59:17 45:13 48:7 maybe 15:2 61:21 66:17 20:23 48:24 67:2,7,18 58:2 69:4 MCCLAIN meters 24:5 2:2,3 6:4,13 MEYERS 6:16 7:1,12 2:16 9:14 19:11 MI 2:4 19:19 26:17 microgram 26:24 27:5 15:15,18 27:11 36:10 27:19 45:12 36:17 37:23 48:1,6,12 40:10 41:7 52:8 41:12 46:20 micrograms 49:7,16 63:6 22:23 23:2 63:16,18,23 23:13,16,17 64:4 75:4 24:4,6,12,14 78:22 79:2 24:22 25:21 MCCRACKEN 25:23 30:12 2:15 30:17 55:7 McKay 1:19 55:13 61:21 91:13 66:16 67:2,7 mean 14:15 67:18 69:4 14:23 19:4 microphone 31:9 32:24 37:22 35:24 43:15 mid 66:22 46:1,16 middle 35:18 55:21 66:12 meaning might 17:20 68:10 46:9 50:14 means 5:15 65:17 71:14 14:13 31:9 75:18 69:1,2 91:18 migrate 45:7 meant 55:23 migration measure 45:1 47:11 23:14 65:12 million 30:14 74:16 76:4 30:15,19,21 86:11 30:22 32:20 measured 38:14,17 39:2 74:3,4 39:1,11,24 measuring mimic 89:10 68:3 Mine 82:20 meet 6:3 mineral 1:8 Megan 1:19 2:24 91:13 minute 8:12 member minutes 89:24 87:17 mirarchi 1:15 members 9:16 9:9 21:19 87:21 missing 88:13 memo 70:12 88:17 71:10 mix 70:17,18 mentioned 70:20 9:18 80:6 mixed 71:20 mentioning mixing 71:13 12:14 mixture 13:7 mentions 72:9 47:23 moment 47:3 momentum 10:13 mommy 49:20 Monday 8:8,9 money 12:6 monsanto 1:13 2:13 MONTGOM... 2:15 months 57:16 59:13 64:14 72:17 more 15:1 38:17 74:12 74:12 77:16 79:13 morning 90:3 90:5,9,13 MORRIS 3:1 most 17:21 38:20 45:10 61:20 79:23 88:16 89:6 89:16 motion 63:3 63:12 64:17 move 62:6 movie 64:17 much 10:16 31:7 32:15 32:15 42:13 43:2,2 57:10 57:24 58:16 58:16,20 67:3 68:4 82:6 must 26:6,11 27:23 38:20 39:2 myself 47:3 M.D 1:2 N N 2:1 4:1 11:16,16 name 9:6 11:5 11:5 nature 20:24 NDs 68:7 neal 2:21,21 5:18 16:13 29:20,22 31:5 necessarily 65:18 necessitate 33:1,2 need 8:11 21:15 33:14 never 79:8,23 89:13 new 79:6 89:23 next 24:19 27:22 28:7 30:20,21 34:24 35:3 61:2 ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60914 98 nice 80:17 nine 57:16 59:12 NIOSH 12:15 12:17,19 14:1,2 15:15 16:9 21:4,6 21:24 22:2,5 26:10,12,13 26:14 27:5 27:16,17 28:1,2 45:13 47:24 48:1,5 48:12 56:16 67:23 72:4 73:20 nondetect 73:19 none 6:11 74:17 nonrestricted 55:10 normal 7:10 47:14 85:3 NORTH 1:11 Notary 1:20 notes 75:1,2 92:1 nothing 41:24 50:5 notoriety 57:3 Notre 68:8 number 18:7 22:7 28:17 60:23 61:1 72:17 84:18 numbers 23:11 24:11 30:6,7,16 32:11 41:19 54:21 56:9 56:10,12 72:13 O O 11:16 Oak 2:22 oath 11:10 objection 20:7 41:9 46:20 64:6 occasions 74:2 occupancy 24:24 occupied 52:1 occurred 44:2 October 70:15 off 5:3 6:5 8:9 9:19 10:4 85:2 offhand 20:22 office 17:7,14 20:18 40:20 off-gassing 75:17 87:5 okay 6:4 8:13 24:18 29:17 30:20,24 32:5,6 34:9 34:15,17 35:17,22 37:1 38:7,11 46:18 54:3 54:17 59:3 59:21 71:12 82:18,19 once 65:9 one 2:7,11 7:4 7:5 10:5 15:14,18 16:13 18:2 24:11,19,20 27:1,14,19 31:3 33:21 34:14,16,18 42:11 45:12 48:1,6,12,13 49:8,11 50:9 54:8 55:6,11 55:13 56:19 56:20 57:1,8 57:20 58:7 58:14 59:1,4 61:15 64:20 64:23 65:6 76:1,2 83:6 84:16 ones 25:8 30:11 86:22 only 6:6,7 10:4 12:19 31:6 32:18 59:8 72:14 84:2 open 9:8 operating 69:18 operation 47:14 85:3 opinion 19:21 67:20 76:12 77:24 opportunity 81:15 opposed 43:15 orange 68:12 order 57:10 75:3 originally 89:17 other 10:17 17:20 18:16 19:5 30:7 31:1 32:16 35:10 40:4 40:22 41:1,5 47:18 56:2 70:24 80:3 80:23 84:15 85:8,11 86:20 88:12 others 31:8 otherwise 9:22 81:16 ought 26:18 ourself 75:7 out 6:11,19 17:3,24 27:2 31:5 32:8 39:7 42:14 44:1,23 47:7 49:6 56:9,11 62:4 63:15 63:22 69:15 69:19 74:9 74:13 75:10 75:18 80:15 81:16 82:22 82:24 85:9 outer 35:23 36:2 37:7 outside 70:18 70:24 71:2 73:17 over 32:19 33:19 35:21 62:2,6 64:13 69:10 77:15 77:16,16 overall 38:5 38:12,13,15 overruled 20:8 36:23 own 87:23 89:3,4 owners 51:10 Oxford 2:7 P P 1:15 2:1,1 9:9 PA 2:8,12,17 3:2 package 66:2 page 4:1 22:14 23:24 25:7 27:10 28:15 61:13 62:16 66:18 66:21 67:10 67:11 68:14 92:2 pages 60:11 62:23 64:13 66:10,12,20 paid 12:7 pan 45:14 paper 54:4 56:22 paragraph 22:15 24:1 26:20 27:12 parking 80:15 part 45:18 51:9 52:19 56:14 66:2 86:6 88:3 particular 45:20 78:6 80:11 parts 10:17 30:14,15,18 30:21,22 32:19 38:14 38:17 39:1 39:11,24 pass 8:21 77:23 Passover 8:1 pattern 30:4 PCB 12:4,18 12:2113:6 13:10,11 15:8,9,19 16:1,3 17:18 22:17 27:18 28:17 29:6 30:2 31:6,20 31:22 32:19 35:3 43:1 44:4 46:2 48:13 50:5 50:10 53:11 54:18 61:5,6 71:15,24 72:3,14 73:18,23 PCBs 12:7,13 13:5,7,16 14:1118:22 31:11,15 33:1 38:20 38:24 43:13 45:1,7 47:13 47:13 50:3 51:21 57:11 57:20,21,24 58:2 61:20 65:13,17 68:11 69:19 71:13 74:13 75:18 76:4 81:15 83:7 peer 87:24 penetration 50:11 Penn 60:17 Pennsylvania 1:1,2,3,4,5,6 1:18,23 9:7 people 8:17 56:2 78:15 per 22:23 23:2 23:13,16,17 24:5,12,14 24:22 25:21 25:23 27:19 30:12,14,15 30:17,18,21 30:22 32:19 36:3 38:14 38:17 39:1 39:11,24 45:12 48:1,6 55:7,13 61:21 66:16 67:2,7,18 69:4 percent 52:6 70:24 71:20 71:21,22 72:18,18,24 73:4,13,18 74:3,4 percentage 52:10,13 71:9 perform 51:18 performed 52:12 Perhaps 79:15 period 56:1 69:21 71:23 83:7 perspective 13:11 phase 41:11 Philadelphia 1:18,23 2:12 2:17 3:2 PHILIPS 1:11 phones 17:8 17:23 pick 12:2 picture 63:3 63:13 64:17 pictures 46:13 46:13 piece 12:24 42:12 80:12 81:10 82:13 83:3,4 Pieces 17:7 pile 16:24 Pittsburgh 2:8 place 2:11,22 8:1 22:13 places 28:11 plaintiff 54:22 Plaintiffs 1:7 2:5,9 plaintiff's 33:24 54:22 plan 88:14,15 88:24 89:4 89:17 plastic 18:1,8 plastics 18:16 play 77:9 81:23 playgrounds 55:18 Plaza 56:19 56:20 57:8 57:21 58:7 58:14 59:1,5 please 9:10 11:3 61:12 63:16 plenum 85:8 plus 12:18 point 14:8 29:21 55:4 64:20 67:1 72:23 pointed 31:5 44:1 policy 22:17 26:13 28:1 28:14,19 54:14 55:3 56:3,12 polychlorinated 28:18 pooled 46:9 population 23:7 portion 25:15 40:6 53:7 portions 37:8 post 38:9,16 40:17 42:7,9 42:21 43:1 potential 19:3 potentially 20:19 21:1 32:21 pounds 57:10 PQL 61:4,15 practical 61:16 preceded 57:2 precedes 72:11 precursors 18:18 prefire 35:3,9 38:7,12 40:23 42:5 42:20 43:14 prepare 5:22 presence 13:9 33:1 present 23:5 72:20 presents 47:8 President 5:11 presiding 9:10 press 78:21 pressure 45:9 78:7 prettier 82:21 pretty 29:22 46:19 66:23 67:3 87:20 previously 19:22 printed 44:18 probably 8:17 80:14 problem 42:17,18 58:6 65:15 65:16 problems 47:9 88:6 procedure 88:3 proceed 11:23 11:24 51:2,4 process 46:5 46:11 56:8 71:11 87:19 produce 17:15 18:1,2,6,19 produced 58:11 product 21:1 K ite ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60915 99 31:19 products 1:9 17:16,17 19:8,9 Professional 1:20 program 66:8 70:14 project 60:24 properly 18:20 61:9 Property 51:10 protocol 86:23 87:13 87:22 88:8 88:14 protocols 87:21 prove 78:20 provided 35:8 public 1:4,20 56:17 publication 44:15 published 54:13 55:2 56:22 purging 69:24 purposes 43:6 87:11 put 8:10,15 33:21 34:3 45:4 54:22 54:23 59:20 75:11,12 88:1 P.C 2:2 p.m 1:19 50:21,22 90:17 _____ Q_____ quality 65:13 71:16 quantitating 61:16 question 37:2 50:9 64:1,5 77:20 questioned 74:20 questions 19:13 21:4 28:21 43:12 44:4,10 quickly 58:5 59:11 quote 44:24 47:19 51:9 quotes 49:1 R R 2:1 91:1 radiant 80:9 80:22 raise 49:21 raised 85:1 ran 71:19,23 91:7 77:2 79:24 recorded 86:5 85:13 recycle 70:17 random 30:4 recycled range 40:3 71:21 66:15 recycling ranges 32:11 74:12 rapid 51:11 red 83:13 51:13 redirect 36:16 rate 75:18 reducing 78:8 73:17 rates 75:17 refer 22:11 rather 6:3 25:2 47:12 8:15 51:12 reference 22:5 89:1 28:13,16 ratio 15:7 references reach 12:9 22:8 28:13 reached 13:21 28:14 76:12 referred 56:5 reacquaint 63:9 65:24 75:7 referring 26:8 read 20:11 26:10 40:8 23:7 25:13 40:14 48:5 25:15 26:19 refers 23:23 27:8,15 37:3 55:14 56:18 45:16 51:9 reflect 80:4,24 66:13 72:10 regarding ready 7:1 28:22 real 44:14 Registered really 41:5 1:19 47:22 58:10 related 12:12 59:8 78:17 45:8 85:18 87:4 relationship reason 34:9 15:7 89:8 relatively reasonably 62:19 66:9 80:16 88:16 reasons 80:23 release 19:10 reassemble released 57:11 6:19 57:20,21,24 rebuttal 19:13 58:3 recall 21:6 relevant 25:5 28:23 25:16,18 39:15 45:2 reliable 76:19 52:21 57:16 remain 90:14 65:22 70:1 remainder 74:22 67:3 received 9:24 remember recess 50:19 48:22 49:3 50:20 69:16 recipe 77:12 remind 11:9 88:19 89:2,4 12:22 31:18 recipes 88:18 removal 33:3 recommendat... removed 12:7 12:17,20 76:7 14:2 16:10 reoccupancy 26:7,9,11,12 71:7 27:24 45:13 reoccupied 47:24 48:2 57:17 58:4 48:16 59:11 69:17 recommendat... repeat 36:18 12:16 27:6 report 19:12 recommended 19:20 20:2,6 15:15 27:6 26:11 33:6 27:18 72:8 34:2,3,8,12 record 11:6 34:14 56:24 20:12 37:4 reporter 1:20 41:15 63:15 20:11 37:3 63:22 86:2 91:21 represent right 6:13 69:20 71:23 12:5 26:13 7:12 13:14 75:9 81:2 27:24 25:19 34:13 sampling representative 34:15 40:11 28:22 43:5 84:13 41:4 49:14 64:19,19,21 represented 62:2 64:3 San 56:18 35:8 68:2 70:19 saw 41:1 59:6 representing 85:21,24 88:16 30:1 right-hand saying 74:11 reprinted 36:5 says 22:21 44:21 rigorous 23:20 26:6 reproduce 87:20 35:22 56:16 88:5,10 risk 14:8 schematic reproducibility 22:19 23:6 83:3 77:18,22 51:12 52:11 School 40:20 reproducible 52:15 87:23 science 13:19 77:2,8 risk-based 77:5,9 78:2,5 reproduction 15:20 79:11 91:18 role 81:22 scientifically requesting roll 7:2 76:14,23 10:7 room 6:10 scientist 43:7 require 20:5 80:2 85:19 76:18 78:18 33:2 87:5 89:9,14 scientists 14:5 required 50:6 89:18 90:15 88:12 52:16 rooms 85:9 scope 19:24 residential route 5:13 screen 34:6 55:17 row 6:15 53:13,22,23 respect 36:21 34:11 59:20 68:21 70:20 RPR 91:13 seat 43:11 respective run 77:15 59:18 79:16 37:18 88:6 seated 9:11 response 22:1 running 65:5 50:24 90:14 responses 73:4 seats 37:18 20:6 second 5:7 rest 7:9 38:23 S _________3_1:4 33:20 47:9,10 S 2:1,16 44:7,14 61:1 66:19 safe 24:15 69:7 84:16 restricted 52:7 54:13 section 26:20 23:4 26:1 55:16 45:21 55:8 Safety 15:24 see 17:19 result 32:15 16:14 21:19 22:13 38:21 40:24 same 7:24 34:5,11 36:8 42:5,5,6 18:21 23:17 49:5 53:12 43:10 58:1,7 24:13 27:11 56:9 65:18 61:5,6,15 31:9 32:11 68:1,7,16 72:1 84:12 40:10 42:17 71:24 74:14 86:17 89:15 42:17 47:24 79:12 83:23 resulted 73:18 55:10 56:10 83:23 results 24:3 61:6,17 seeing 68:15 29:5,7,10 73:16 77:3 seem 30:6 35:20 36:4 77:17,17 seemed 64:18 37:7,12 85:14 91:18 seems 80:16 40:19 42:1 sample 14:21 86:13 60:1 61:3,11 25:9 29:5 seen 12:19 61:18 69:24 34:23 35:2 34:17 46:12 72:3 73:22 35:20 37:12 46:13 58:17 76:19 77:4,4 40:19 60:1 65:20 68:2 77:17 78:4 60:23,23 69:21 78:11,15 61:2 62:5,9 sense 42:2,14 84:10 85:16 62:17 72:13 79:12,21 86:6 88:4 75:12 sent 21:23 resume 79:16 samples 25:5 22:2 retested 89:14 29:10 35:7,9 sentence return 70:17 35:20 36:2,3 25:17 26:3,5 71:14 85:8 36:7 37:9 26:21 27:1,4 review 87:20 38:5,6 39:9 27:14,22 87:24 39:14,23 72:11 RHOADS 40:3 41:2 sentiment 2:16 10:22 ESQUIRE DEPOSITION SERVICES TOWOLDMONOQ60916 100 sequence 62:20 sequentially 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63:9 64:14 snapshots 64:10 Society 87:2 solid 48:10 some 8:17 12:2 14:4 21:1 22:18 28:21,21 30:4 32:10 36:8,9 42:2 43:12,24 44:4,10,16 47:8 48:24 53:10 54:17 62:23 64:21 70:4 71:8 72:23 78:12 79:21 87:9 somebody 77:13,15 88:20 something 34:1 36:18 59:20 78:7 80:10 sometimes 15:3 20:4 67:18 soon 6:19 7:4 7:13,15 sorry 25:1 26:23 33:22 53:5 59:4 84:19 source 18:13 55:23 84:1 sources 17:18 43:13 south 2:17 40:20 souvenir 17:12 space 69:20 specialist 46:2 specific 35:19 55:11 specifically 47:17 48:5 62:5 87:14 speed 63:19 spell 11:5 spill 22:17 28:14,18 45:21 46:8 54:14 55:3 56:3,12 spills 45:19 Spoijaric 70:13 spread 30:3 32:13 57:12 square 23:16 23:18 25:22 25:23 27:19 55:7,14 81:3 squared 23:2 23:14 24:5 24:12,14,23 48:2 stains 46:7 stand 68:8 90:12 standard 14:9 22:6 24:15 24:24 25:11 48:10 52:7,8 55:9,16,24 58:17 87:1,7 standards 22:9,12,16 22:22 23:1 25:3 53:11 54:13,18 55:2 56:3,5 stands 68:9 81:4 start 7:5 51:19 74:15 89:23 started 87:9 starting 25:7 starts 27:16 state 1:7 11:4 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48:20 50:16 50:19 51:17 59:18 60:13 61:10 65:2,4 68:13 taken 17:3 35:3 50:20 85:15,21,24 takes 8:1 14:20 15:1 65:1,6 taking 42:21 talked 88:17 talking 23:12 23:19 24:16 25:19 30:12 30:14 32:12 43:20 45:21 47:16 48:3 55:16 56:13 58:21 67:23 74:18 82:16 talks 25:10 45:19 TEDFORD 2:21 tell 20:17 22:11 23:22 38:19 40:1 42:23 69:6 69:13 74:7 77:6 78:5 88:23 tells 40:5 42:24 61:23 temperature 71:1 75:19 78:9,13 80:2 80:20 82:7 85:15,17,19 85:20,23 86:12,12 87:5 89:9,13 89:14,18 temperatures 79:24 86:3 86:14,15 ten 24:13 25:21 52:8 55:13 66:24 89:24 term 31:9 termed 55:8 75:17 terms 19:4 32:21 terribly 32:12 test 14:20 31:15 42:4,5 42:6 64:24 65:2,6 72:2 72:17,24 73:4,12 76:18,22 77:3,15,20 79:7,24 87:1 87:3,8,10,13 87:21,22 88:8,14,15 89:4,18 tested 89:9,10 testimony 1:17 91:8 testing 29:7 66:8 70:14 71:17 76:7 87:3 tests 29:13 60:7 64:10 64:13,24 65:3 74:19 76:14 77:18 87:5 Thank 11:1 11:11 37:23 49:11 70:7 79:17 their 22:9 37:18 81:17 81:19 theory 69:14 74:8 thereabouts 66:16 thing 31:9 73:16 90:3 things 8:21 17:9,15,23 17:24 18:3,4 18:9 20:18 47:5 83:2 think 6:23 8:20 10:12 14:12 20:22 26:18 29:2 30:14 31:4 45:3 46:12 47:2 49:10 52:24 55:11 59:12 75:17 81:20 83:1 86:5 89:16 third 55:13 THOMAS 2:6 2:11 thorough 51:11,14 though 79:18 thought 31:3 thousand 24:11 30:17 three 38:14 39:1 40:18 40:24 49:12 65:4,6 66:15 75:12,12 76:1 77:3 three-day 8:8 ESQUIRE DE POSITION SERVICES TOWOLDMONOQ60917 101 through 8:22 16:18 17:11 19:16,18 22:10 29:12 45:7 60:13 61:10 66:10 81:17,19 throughout 30:3 throw 78:20 79:7 Thursday 8:10 time 8:1 9:4 15:1 41:21 50:15,21 51:20,24 56:1 62:19 64:20,21 65:5 69:21 70:16 71:8 71:23 74:14 77:17 times 14:21 14:24 38:18 43:3,3 77:3 titled 54:17 today 33:13 told 6:9 tomorrow 7:16 90:5,9 90:13 ton 57:10 58:2 top 21:20 41:2 53:24 55:6 61:12 84:3 total 31:11 32:5 40:24 61:7,19 68:17 76:1 touch 5:12 80:18 toxic 19:10 20:20 21:1 toxins 19:3 track 15:11 tracking 14:14,18 transcript 91:17 transformer 1:12 12:21 12:23,24 13:24 14:4 15:6,17 16:3 57:2,4,7 58:8 transformers 13:4,6,10 16:1 translate 23:13 24:11 24:20 transpired 6:21 transportation 1:4 15:24 16:14 treated 19:7 Trial 1:17 trichlorobenz... 39:20 13:7,10,12 use 15:10 trichlorobenz... 34:16,18 16:7 48:13 87:8 true 13:22 88:21 91:7 used 13:1 try 8:6 14:10 22:19 26:14 15:5 33:11 28:2 31:8 36:5 42:2 41:3,22 72:9 75:16 43:22 45:10 79:19 47:2 48:17 trying 47:6 52:20 62:9 89:10 70:23 75:16 Tuesday 1:16 82:20 86:24 1:18 using 23:15 turn 28:12 usually 42:22 29:1 81:23 two 5:3 6:15 utility 1:5 9:19 16:24 57:1 36:2 38:5 U.S 2:24 41:5 49:11 51:22 54:1 V 54:15 55:2 56:4,11 valid 76:14,23 validity 88:12 61:19 77:3 vapor 45:9 type 14:4 21:1 78:7 31:21 71:16 vaporization 72:19 73:22 78:8,14 types 18:4 variability 19:9 55:12 42:13 typically 14:6 ventilate 71:5 30:13 41:23 ventilation 46:11 65:3 66:24 67:6 45:8 69:18 85:10 T&S 17:12 version 44:17 35:15 40:22 44:19 40:23 47:21 versus 42:12 50:4,6,11 51:15,19 very 14:19 28:4 58:4 57:22,24 77:19 88:19 58:15 59:6 view 14:8 60:1 63:4 visible 46:7 79:20,22 visibly 17:22 80:5 81:1 visits 16:14 83:20 84:14 voltage 13:2,2 86:19 89:11 vs 1:8 T.V 53:12 U under 11:10 45:23 52:15 61:191:19 underneath 61:18 understanding 7:11 underway 10:20 unit 23:14,18 UNITED 1:8 units 30:10 61:20 unless 91:19 until 10:8 50:21 51:18 51:19 90:2,9 90:12,14 upper 39:14 W W 2:6 waiting 7:3 17:2 WALKER 2:15 want 6:10,15 10:18 27:3 37:19 45:5 49:9 64:2,7 67:24 72:10 79:12 wanted 6:8 87:6 wasn't 57:24 77:2 waste 32:21 water 33:17 way 5:10 9:1 14:18 42:2 42:13 59:6,6 62:14 81:17 81:19 83:5 ways 80:3 week 5:7,7,8 5:14,16,21 5:23,24 6:2,6 7:10,10,18 7:19,20,23 8:8 9:20,21 10:2,4,5 weeks 5:3 6:15 9:19 10:17 well 8:4 14:3 17:13 28:7 29:21,24 34:13 40:17 55:22 65:16 67:24 73:20 76:24 77:10 80:6 86:15 86:24 87:17 88:15 went 6:11 16:15 66:11 67:5 88:24 89:12,13 were 5:2 9:18 12:14,15 15:24 16:2,6 16:12,18,24 17:1,2,10,11 18:3,7 19:8 19:21 20:10 20:14 21:3 28:20 29:2 29:12 33:5 35:8,10 39:12 40:3 40:14 41:13 43:2,12 44:3 44:17,20,22 45:3 48:19 48:24 52:18 54:4,7,13 56:7 58:16 58:19,20 59:5,7,9,14 60:7,9 63:2 64:9,18 65:8 65:19 66:9 68:11 69:2 69:19,23 71:13 73:19 73:19 74:12 74:13,18,20 76:14,16,22 76:24 79:5 80:1 81:2,3 84:6 86:22 88:17,18 West 2:3 we'll 7:5 34:17 50:16 61:8 we're 5:20 6:5 7:1,8,14 36:15 40:18 we've 23:12 30:11 43:19 46:12 48:3 67:23 0 06106 2:23 while 5:12 1 56:4 1 67-19 WHITE 2:10 WILLIAMS 1st 62-10 1,000 24:4 2:10 wipe 25:5,9 1:10 50:21 1:30 50:21 48:9 10 28:9 withdraw 79:2 withdrawn 10th 5:18 6:6 6-7 9-20 10-5 64:5 10,000 22:22 witness 11:7 23-1 13 16 11:1121:9 33:7,11 37:5 37:21 53:17 24-6 20 100 23:17,18 24-22 23 59:15 70:5 25-22 55-7 7 90:7 91:6,8 55:13 70:23 wood 19:8 71-22 72-18 woodyard 4:1 11 4:2 7:14 11:2,7 12 5-22 11:20 21:22 12/12 67:9 27:9 34:20 12/13 67-9 37:17 53:12 79:6 90:6 68-16 12:15 1:19 word 9:24 123 2:17 47:3 words 35:10 1242 31:16,20 31-21 24 70:24 78:3 32:5 61:5,5 85:8 61:18 68:16 work 12:18 72-14 15:2 69:20 1260 29:6 81:17,19 31-12 32-5 workers 23:6 35-23 61-6 6 working 56:1 wouldn't 61:18 68:15 68-18 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2:7 6 6 29:2 6,300 39:8 60.000 30:8 63.000 39:8,9 64051 2:4 7 7 32:4 70 80:17 700 2:22 75 71:21 72:18 73:4 74:3 772-7452 2:18 8 8 23:24 25:7 80 80:17 816 2:4 836-5050 2:4 85 55:24 860 2:23 864-7000 2:12 ______9 9 28:7 9:30 90:10,12 92 67:12 68:14 95 52:6 68:20 69:8 96 68:21 69:8 69:16 981-5700 3:3 988-9191 1:24 99 60:12 62:23 64:13 66:20 4 400 2:3 4006- A 53:6 4007- A 33:24 412 2:8 453 1:18 4900 3:2 _ _ 5___ 5 31:15 "34:2,3 34:7 67:1,6 67:17,22 69:10 5.7 39:8,11,24 41:4 50 32:19,24 72:24 73:12 73:18 74:4 52.5 30:22 521 60:17 556 30:7 56 30:17 102 ESQUIRE DE POSITION SERVICES TOWOLDMONOQ60919