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Report of Results: MVA9391 Characterization of Three Samples of Imerys Talc Prepared for: Law Offices of G. Patterson Keahey One Independence Plaza, Suite 612 Birmingham, AL 35209 Respectfully Submitted by: uJarnes R. Millette, Ph.D. Executive Director MVA Scientific Consultants 3300 Breckinridge Boulevard Suite 400 Duluth, GA 30096 07 March 2013 PLAINTIFFS EXHIBIT CAM-142 9391report-lmerysTalc030713s.docx Report of Results: MVA9391 Characterization of Three Samples of Imerys Talc INTRODUCTION This report includes the results of analysis and characterization of three samples of Imerys talc. The three white powder samples in one pound containers were received from Lyn Arnold of the Law Offices of G. Patterson Keahey, Birmingham, AL on 05 February 2013 and were assigned MVA laboratory identification numbers as shown below. As shown in the chain of custody form, the samples of Imerys Talc America, Inc. (Luzenac) products were produced to the Keahey law firm by counsel for Luzenac, Craig D. Martin, Esq. of Brady, Radcliff & Brown, LLP of Mobile, AL. According to the information provided by Ms. Arnold, the original one pound containers were sent sealed in the same condition in which they had been received. It was requested that the samples be analyzed for asbestos. Analyses were conducted over the period of 13 February through 06 March 2013. SAMPLES MVA # Luzenac Label Description Y0151 Y0152 Y0153 Mistron 400C Powder Lot #S07124-00 Nicron 504 Powder Lot #T01019 Nicron 403 Powder Lot #T06010-65 ANALYSIS PROCEDURES The containers were shaken and a representative portion was collected with a spatula from each sample from the approximate center of the container. Portions of the sub samples were prepared and analyzed for asbestos by polarized light microscopy (PLM), scanning electron microscopy (SEM), analytical electron microscopy (AEM) and x-ray diffraction (XRD). The samples were examined with an Olympus SZ-40 stereomicroscope at magnifications from 7X to 40X. Portions of the particulate found in the samples were mounted in Cargille refractive index liquids for analysis by polarized light microscopy (PLM) using an Olympus BH-2 polarized light microscope (PLM) with a magnification range from 100X to 1,000X. The PLM analyses followed the analytical procedures recommended by the U.S. Environmental Protection Agency (1). The PLM results for asbestos are given in terms of percent by volume. The sample was also analyzed by analytical electron microscopy (AEM) using a Philips CM120 transmission electron microscope (TEM) equipped with an Oxford INCA EDS (energy dispersive spectrometry) x-ray analysis system. For TEM analysis, the powder sample was dispersed in asbestos-free water, the particulate was filtered onto a membrane filter, and the filter was prepared for TEM grids using direct preparation procedures. 9391report-lmerysTalc030713s.docx Page 2 of 4 Representative portions from the samples were also examined and analyzed by scanning electron microscopy (SEM) using a JEOL JSM-6490LV coupled with a Thermo Scientific Noran System SIX x-ray energy dispersive spectrometry (EDS) system. SEM analysis for asbestos is based on consistency in morphology and x-ray elemental analysis with known standard asbestos materials. SEM results must be confirmed with either PLM orTEM analyses. Quantitative XRD analysis was done by DCM Science Laboratory, Inc. in Wheat Ridge, CO by scanning over a range of 3 to 45 20 using 40kV, 25mA Cu Ka radiation. Mineral phases were identified with the aid of computer-assisted programs accessing a CD-ROM powder diffraction database. Mineral concentrations were based on relative peak heights and reference intensity ratios measured by DCM Science Laboratory, Inc. RESULTS As is summarized in Table 1, no asbestos was detected by PLM, TEM or SEM in any of the three Luzenac talc samples (Y0151-Mistron 400C; Y0152-Nicron 504; Y0153-Nicron 403). The TEM count sheets are shown in Appendix 1. PLM found Sample Y0151 to contain primarily platy talc with some talc ribbons, and a trace (less than 1% by volume) of carbonate and a trace to 1% by volume of lizardite. Sample Y0152 contained primarily platy talc with some talc ribbons and traces of lizardite and a trace to 2% by volume of carbonate. Sample Y0153 contained primarily platy talc with some talc ribbons and traces of lizardite and 2-5% by volume of carbonate. As shown in Table 2, XRD detected no amphibole or chrysotile minerals (Appendix 2). 9391report-lmerysTalc030713s.docx M Xi MVA SCIENTIFIC CONSULTANTS Page 3 of 4 Table 1. Results of Microscopical Analysis of Imerys Talcs MVA Scientific Consultants Microscope Technique PLM TEM SEM Y0151 Mistron 400C NAD* NAD** NAD*** Y0152 Nicron 504 NAD NAD NAD Y0153 Nicron 403 NAD NAD NAD *NAD - No Asbestos Detected - The Analytical Sensitivity of PLM is less than 1% by Volume. **NAD - No Asbestos Detected - The Analytical Sensitivity of TEM is less than 0.001% by weight. ***NAD - No Asbestos Detected - The Analytical Sensitivity of SEM has not been determined. Table 2. Results of X-ray Diffraction Analysis of Imerys Talcs DCM Sciences (% by Weight) Phase Talc Lizardite Dolomite Unaccounted Y0151 Mistron 400C 93% 5% - <5% Y0152 Nicron 504 95% - 3% <5% Y0153 Nicron 403 90% - 8% <5% 9391report-lmerysTalc030713s.docx Page 4 of 4 APPENDIX 1 TEM Count Sheets 9391report-lmerysTalc030713s.docx M Zi MVA SCIENTIFIC CONSULTANTS MVA Project# MVA Sample# Client I.D.: Instrument: Magnification: Acc. Voltage: Grid Opening 11 2 3 4 5 6 7 8 9 10 2 11 12 13 14 15 16 17 18 19 20 9391 Y0151 Mistron 400C Philips 420 20,400 100 Structure Structure Number* Type NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD MVA SCIENTIFIC CONSULTANTS Asbestos Q uantitative A nalysis Amt Prepped: Filter Area (mm2): Filter Type: Openings Analyzed: Grid Opening (mm2): Length** (cm) Width** (cm) 0.01016g 1256 PC 20 0.01 SAED EDS Analyst: Date: Page: Comments: JRM 2/16/2013 of 1 ml Comments Length " * Width*** (pm) (pm) *NFD or NSD = No Fibers Detected or No Structures Detected On Screen Measurement *** Calculated Actual Measurement (On Screen Measurement X 10,000/Magnifcation) Structure Type: B = Bundle, C = Ouster, F = Fiber, M = Matrix SAED: C = Chrysotile, A = Amphibole EDS: C = Chrysotile, AM = Amosite, CR = Crocidolite, A C = Actinolite, AN = Anthophyllite, TR = Tremolite, N = Non Asbestos 9391 report-l merysTalc030713s.docx MVA Project# MVA Sample# Client I.D.: Instrument: Magnification: Acc. Voltage: Grid Opening 11 2 3 4 5 6 7 8 9 10 2 11 12 13 14 15 16 17 18 19 20 9391 Y0152 Nicron 504 Philips 420 20,400 100 Structure Structure Number* Type NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD MVA SCIENTIFIC CONSULTANTS Asbestos Quantitative Analysis Amt Prepped: Filter Area (mm2): Filter Type: Openings Analyzed: Grid Opening (mm2): Length** (cm) Width** (cm) 0.00727 1256 PC 20 0.01 SA ED EDS Analyst: Date: Page: Comments: JRM 2/16-17/2013 of 1 ml Comments Length*** Width*** (pm) (pm) *NFD or NSD = No Fibers Detected or No Structures Detected ** On Screen Measurement *** Calculated Actual Measurement (On Screen Measurement X 10,000/Magnifcation) Structure Type: B = Bundle, C = O uster, F = Fiber, M = Matrix SAHD: C = Chrysotlle, A = Amphlbole EDS: C = Chrysotile, AM = Amosite, CR = Crocidolite, A C = Actinolite, AN = Anthophylllte, TR = Tremolite, N = Non Asbestos 9391report-lmerysTalc030713s.docx MVA Project# MVA Sample# Client I.D.: Instrument: Magnification: Acc. Voltage: Grid Opening 11 2 3 4 5 6 7 8 9 10 2 11 12 13 14 15 16 17 18 19 20 9391 Y0153 Nicron 403 Philips 420 20,400 100 Structure Structure Number* Type NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD NSD MVA SCIENTIFIC CONSULTANTS Asbestos Quantitative Analysis Amt Prepped: Filter Area (mm2): Filter Type: Openings Analyzed: Grid Opening (mm2): Length** (cm) Width** (cm) 0.01256 1256 PC 20 0.01 SAHD EDS Analyst: Date: Page: Comments: JRM 2/17/2013 of 1 ml Comments Length*** Width*** (pm) (pm) *NFD or NSD = No Fibers Detected or No Structures Detected ** On Screen Measurement *** Calculated Actual Measurement (On Screen Measurement X 10,000/Magnification) Structure Type: B = Bundle, C = O uster, F = Fiber, M = Matrix SA ED: C = Chrysotile, A = Amphlbole EDS: C = Chrysotile, AM = Amosite, CR = Crocidolite, A C = Actinolite, AN = Anthophyllite, TR = Tremolite, N = Non Asbestos 9391report-lmerysTalc030713s.docx APPENDIX 2 DCM XRD Report 9391 report-l merysTalc030713s .docx H 5 i PCM S*C*I E*N` C*E " 1-- l A S O H A K l K (NC 12421 W, 49th Avenue, Unit #6 Wheat Ridge, CO 80033 (303)463-8270 X-Ray Diffraction Analysis Page 1 of 1 Client: MVA Scientific Consultants 3300 Breckinridge Blvd., Suite 400 Duluth, GA 30096 Analysis Date: Reporting Date: Receipt Date: Client Job No.: Project Title: DCMSL Project: Client Sample No.: Phase 9391 Y0151 IMERYS Talc 9391 Y0152 IMERYS Talc 9391 Y0153 IMERYS Talc Talc 93 95 90 Lizardite 5 - - Dolomite -38 Unaccounted <5 <5 <5 2-8-13 2-12-13 2-7-13 3926 MVA9391 MVA64 The samples were prepared for x-ray diffraction analysis and scanned over a range of 3 to 45 20 Cu Ka radiation, 40kV, 25 mA. Mineral phases were identified with the aid of computer-assisted programs accessing a cd-rom powder diffraction database. Estimates of mineral concentrations are based on relative peak heights an reference intensity ratios (RIR) measured in-house. Ron Schott, Analyst 00-019-0770> Tak>2M - MgsSUOnrtOHfc 00-036-0426> Dolomite - CaM g(C03)2 ,Talc-2M [MVA64-3.MD11 <PWl7l6>,9,lY0l53?lMERYS TALG < Talo-2M 3000-f 00-019-0770> TatC-2M - MgaSUOiofOH^ 00-036-0426> Dolomite - CaM gfC O ^ Chain of Custody - One pound (1 lb.) each samples of Imerys Talc America, Inc. (Luzenac) products produced to plaintiffs counsel by counsel for Luzenac Received by plaintiffs counsel: January 17, 2013 via FedEx Products Received: Nicron 403 Nicron 504 Mistron 400C L uzenac Product Produced Origin Nicron 403 Nicron 504 Mistron 400C MVA% yois.3 y o \ X y oi si Counsel for Luzenac Received from: Craig D. Martin, Esq. Brady, Radcliff & Brown, LLP P. O. Box 1668 Mobile, AL 36633 Received by: G, Patterson ICeahey, P.C. One Independence Plaza, Suite 612 Birmingham, AL 35209 Received by: Receptionist and delivered to desk of Lyn Arnold, Legal Assistant January 18,2013: FedEx package (box) opened by Lyn Arnold, Legal Assistant and John Harris, Office Administrator Chain of Custody - One pound (1 lb.) each samples of Imerys Talc America, Inc. (Luzenac) products produced to plaintiffs counsel by counsel for Luzenac Received by plaintiffs counsel: January 17,2013 via FedEx Dansby Sanders v. Bill Vann Company (Mobile Co. Circuit Court Civil Action No.: 2010-900327) Products Received: Nicron 403 Nicron 504 Mistron 400C FROM: G. Patterson Keahey, P.C. One Independence Plaza, Suite 612 Birmingham, AL 35209 TO: James R. Millette, Ph.D. MVA Scientific Consultants 3300 Breckinridge Boulevard, Suite 400 Duluth, GA 30096 Date: FROM: James R. Millette, Ph.D. MVA Scientific Consultants 3300 Breckinridge Boulevard, Suite 400 Duluth, GA 30096 By: Date: TO: G. Patterson Keahey, P.C. One Independence Plaza, Suite 612 Birmingham, AL 35209 Received by: Date: Nytal Talc Defendant's Exhibit Au n ta R e p o rte rs M j j j M g p