Document b5o0ek2Y80LGXRrk9dnYddL03

1 IN THE CIRCUIT COURT FOR ETOWAH COUNTY STATE OF ALABAMA 2 (Transferred from Calhoun County, Alabama) 3 4 SABRINA ABERNATHY, etal., ) 5) Plaintiffs, ) 6 ) CIVIL ACTION NO. VS. ) CV-96-269 7 ) (Consolidated) MONSANTO COMPANY, etal., ) 8) Defendants. ) 9 10 11 12 DEPOSITION OF JEFFREY D. FELDER 13 Taken on behalf of the Plaintiffs 14 August 9, 2001 15 16 17 18 19 KRIEGSHAUSER REPORTING & VIDEO 20 REGISTERED PROFESSIONAL REPORTER 319 NORTH 4TH STREET, SUITE 322 21 ST. LOUIS, MISSOURI 63102 (314)621-4408 FAX (314) 22 621-4533 Page 1 1 APPEARANCES 2 3 The Plaintiffs were represented by Ms. Ellen B. Malow of the law firm of 4 Kasowitz, Benson, Torres & Friedman, L.L.P., 700 Louisiana Street, Suite 2200, Houston, 5 Texas 77002. 6 The Defendants were represented by 7 Mr. Michael E. Kelly of the law firm of Smith, Helms, Mulliss & Moore, L.L.P., 300 North 8 Greene Street, Suite 1400, Greensboro, NC 27401, Post Office Box 21927, Greensboro, NC 9 27420. 10 11 12 INDEX OF EXAMINATIONS 13 14 EXAMINATION PAGE 15 Direct-Examination by Ms. Malow........5 16 17 INDEX OF EXHIBITS 18 PLAINTIFFS' PAGE 19 One, Notice 5 Two, Notes of 2/7 meeting 5 20 21 Page 3 1 IN THE CIRCUIT COURT FOR ETOWAH COUNTY 2 STATE OF ALABAMA (Transferred from Calhoun County, Alabama) 3 4 5 SABRINA ABERNATHY, etal., ) ) 6 Plaintiffs, ) ) CIVIL ACTION NO. 7 VS. ) CV-96-269 ) (Consolidated) 8 MONSANTO COMPANY, etal., ) ) 9 Defendants. ) 10 11 12 Deposition of JEFFREY D. FELDER, produced, sworn, and examined on behalf of the 13 Plaintiffs on August 9, 2001, 8:30 a.m., at the offices of Kriegshauser Reporting & Video, 14 319 North 4th Street, Suite 322, St. Louis, MO 63102, before Sheila L. Ford, a Registered 15 Professional Reporter and Notary Public within and for the State of Missouri. 16 17 18 19 20 21 Page 2 Page 4 1 STIPULATIONS 2 3 IT IS STIPULATED AND AGREED by the 4 parties, through their respective counsel, 5 that the deposition of JEFFREY D. FELDER may 6 be taken before Sheila L. Ford, CSR, RPR, as 7 Commissioner and Notary Public, Missouri at 8 Large, at St. Louis, Missouri, on August 9, 9 2001, at 8:30 a.m. 10 11 IT IS STIPULATED AND AGREED that it 12 shall not be necessary for any objections to 13 be made by counsel to any questions except as 14 to form or leading questions and that counsel 15 may make objections and assign grounds at the 16 time of trial or at the time said deposition 17 is offered in evidence or prior thereto. 18 19 IT IS STIPULATED AND AGREED that notice 20 of filing by the Commissioner is waived. 21 Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 1 - 4 HARTOLDMONOO11458 Page 5 1 STATE OF MISSOURI, CITY OF ST. LOUIS, 2 3 JEFFREY D. FELDER, 4 of lawful age, produced, sworn, and examined 5 on behalf of the Plaintiffs, deposes and says: 6 [Plaintiffs' Exhibits One and 7 Two were marked.] 8 9 DIRECT-EXAMINATION 10 QUESTIONS BY MS. MALOW: 11 Q. Can you please tell the ladies and 12 gentlemen of the jury why it is that 13 Monsanto and Solutia have still not 14 cleaned up Snow Creek? 15 A. We're in the process of doing that work 16 now. 17 Q. And in fact back in 1967 Monsanto hired 18 some consultants, specifically 19 Dr. Denzel Ferguson of the University of 20 Mississippi, who told Monsanto over 21 thirty years ago to clean up Snow Creek; 22 isn't that correct? 23 A. I'm not aware of that. 1 2 3 4 5 6 Q. 7 A. 8 9 10 11 12 Q. 13 14 15 16 17 18 19 20 A. 21 22 Q. 23 Page 7 [Requested portion of record read.] MR. KELLY: Object to form; calls for speculation, no foundation. (By Ms. Malow) You can answer. I'm not aware of the recommendation, first of all, so 1 can't hardly speculate on why you would conclude we're not doing something or should have done something. Well, assume with -- Well, actually we don't even need to assume it. Let me show you what was marked as Exhibit One to Mr. Smith's deposition yesterday -excuse me. It was marked as Exhibit Two to Mr. Smith's deposition yesterday, and ask you if you have ever seen Exhibit Two before? Excuse me just a minute. No. I'm sorry, 1 haven't. If you will go to page --1 believe it's 13 or 15. There's a recommendation Page 6 Page 8 1 Q. Have you ever seen the report that 1 section. I'm not sure. 1 don't have an 2 Dr. Ferguson issued to Monsanto pursuant 2 extra copy. 3 to the contract that you had with 3 A. It seems to be on page 15. There is 4 Monsanto back in 1967 where he makes 4 something towards the bottom entitled 5 that recommendation to clean up Snow 5 "recommendations." 6 Creek? 6 Q. Right. And does number two say, 7 A. No, 1 haven't. 7 "Clean-up Snow Creek"? 8 Q. Do you have any explanation for why it 8 A. It does say that. 9 is that over thirty years after that 9 Q. And that document, if you'll go back to 10 recommendation was made to Monsanto that 10 the front, is dated 1967; is that 11 that project is not completed? 11 correct? 12 A. No -- 12 A. There is a handwritten note on here that 13 MR. KELLY: Object to the form and 13 says 1967. 14 speculation; no foundation. 14 Q. If you'll go to --1 think it's the 15 THE REPORTER: I'm sorry. 1 15 second or third page -- it's signed by 16 didn't get your answer. 16 Dr. Ferguson, is it not? 17 THE WITNESS: 1 need to have the 17 A. I'm looking for a signature page, if you 18 question rephrased or the 18 will bear with me for a moment. 19 objection rephrased. 19 Q. Sure. 20 MS. MALOW: 1 think he said no, 1 20 A. It's not numbered, but there is a 21 haven't. Do you want to read 21 signature there, yes. 22 it back so we can get it one 22 Q. And does it look like that is in fact 23 more time? 23 what 1 stated; it is a contract between Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 5 - 8 HARTOLDMONOO11459 1 2 3 4 A. 5 6 7 8 9 Q. 10 11 12 A. 13 14 Q. 15 16 17 A. 18 Q. 19 20 21 22 23 Page 9 -- that it's a report issued pursuant to 1 a contract between Monsanto and 2 Dr. Ferguson? 3 Q. It says it's a final report, and it says 4 -- Well, it doesn't say it's pursuant 5 A. to. It says a contract between Monsanto 6 Q. Chemical Company and Mississippi State 7 A. University. Yes, it does. 8 Q. Okay. All right. And what is your 9 present position with Solutia, 10 A. Mr. Felder? 11 I'm presently director of environmental 12 Q. safety and health. 13 Let's back up just for formality 14 A. purposes. Can you tell us your name for 15 Q. the record? 16 Yes, ma'am. My name is Jeffrey Felder. 17 Mr. Felder, my name is Ellen Malow. We 18 A. met shortly before the deposition. 1 19 represent 3500 individuals who are suing 20 Monsanto and Solutia for contamination 21 of the Anniston neighborhood. Do you 22 understand that? 23 Page 11 not tell you the case name. I'm sorry. 1 don't remember the date nor the case. Do you remember the lawyer who took your deposition? No, 1 don't. Or the law firm? No, ma'am. Sorry. And you think this was a couple of years ago? Sometime in the last three or four years, perhaps five. Have you also given a deposition in any insurance coverage litigation? 1 don't recall having done so, no. What other types of cases have you given depositions in besides one that is similar to this? 1 think 1 have been deposed in some product stewardship cases. 1 have been deposed, 1 believe in -- Golly. Let me think for a minute. Perhaps some other environmental cases. And then in the ordinary run of things, such as traffic 1 A. 2 Q. 3 4 A. 5 Q. 6 A. 7 Q. 8 A. 9 10 Q. 11 12 A. 13 14 Q. 15 16 A. 17 18 Q. 19 20 A. 21 Q. 22 23 A. Page 10 Yes, 1 do. Have you ever had a deposition taken before? Yes, 1 have. How many times? 1 don't recall. More than once. Can you give me a ball park number? Somewhere between a dozen and two, 1 guess. When was the last time that you gave a deposition, Mr. Felder? 1 don't recall precisely. Sometime in the last three or four years. And do you recall what that deposition was about, what that case was about? 1 think it was related to this matter -or something similar to this matter. Did you give a deposition in a case called Owens? 1 don't recall. Did you give a deposition in a case that was pending in Anniston, Alabama? 1 believe that to be true, but 1 could 1 2 3 Q. 4 5 6 7 8 A. 9 10 11 12 Q. 13 A. 14 Q. 15 A. 16 Q. 17 A. 18 Q. 19 A. 20 21 Q. 22 23 A. Page 12 accidents or where someone hit me and in some military cases. 1 want to just limit it -- right now my questions to ones you have given as a representative of either Monsanto or Solutia involving cleanup issues. Have there been any that fit that category? 1 think -- and 1 apologize because it's not been recent -- but 1 think that the last case in which 1 was deposed related to cleanup issues. Any others that you can think of? No. Have you ever testified at a trial? Yes, 1 have. How many times? 1 believe once. What kind of case was that? It was a case related to environmental issues of a different sort. What was the contaminant or contaminants at issue? Suspended solids. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 9-12 HARTOLDMONOO11460 1 Q. 2 A. 3 4 Q. 5 6 A. 7 8 9 10 Q. 11 A. 12 13 Q. 14 A. 15 16 17 Q. 18 19 A. 20 Q. 21 A. 22 Q. 23 A. Page 13 Where was that case pending? 1 A. 1 testified in Philadelphia. I'm not 2 sure how the jurisdiction worked. 3 What was the specific allegation against 4 the company? 5 The allegation related to Monsanto, 6 actually, at that time, allegedly having 7 violated a discharge permit for a 8 particular manufacturing plant. 9 Which plant was that? 10 Delaware River plant in Bridgeport, New 11 Jersey. 12 What was your testimony about? 13 It has been quite some time. I'm sure 14 it related to the issue, but 1 couldn't 15 Q. tell you specifically what 1 was asked. 16 Who had filed the suit against Monsanto? 17 A. Was it the government? 18 Q. No, ma'am. 19 Individuals? 20 A. No. 21 Q. Company? 22 A. No. As 1 recall it, and my recollection 23 Page 15 1 have an undergraduate degree in mechanical engineering from Drexel University, a graduate degree in environmental engineering from the same university. A graduate degree in management from University of Missouri. Chemical Engineering Development Program, as it was called, from Washington University here in St. Louis. Graduate of the Army -- Air Command and Staff College, and a graduate of the Industrial College of the Armed Forces, which is part of the National Defense University. What year did you obtain your undergraduate degree? 1970. And your master's in environmental engineering? 1972. How about the management degree? 1 don't recall precisely, but sometime in the mid'80s. I'd have to-- Page 14 Page 16 1 is less than perfect after, oh, probably 1 Q. Were you working for Monsanto when you 2 ten or more years - was that it was a 2 obtained your management degree? 3 public interest group of some sort. 3 A. Yes, 1 was. 4 Q. Do you remember the name of the lawyer 4 Q. Was that education paid for by Monsanto? 5 on the other side that cross-examined 5 A. Not particularly, no. I'm entitled to 6 you at trial? 6 Gl benefits, and 1 used it. 7 A. No, 1 don't. 7 Q. Did you go to night school for that? 8 Q. Do you remember the name of the law firm 8 A. Yes, 1 did. 9 representing the public interest group? 9 Q. What was your first job out of school? 10 A. No, 1 don't. 10 A. 1 worked for the DuPont Company. 11 Q. Any other environmental cases you can 11 Q. What did you do for DuPont? 12 think of where you have testified by 12 A. 1 was an environmental engineer. 13 deposition or at trial? 13 Q. At what facility? 14 A. As 1 said, at least one or two. And 1 14 A. In their engineering department. 15 have forgotten the precise number over a 15 Q. Where was that located? 16 career of some twenty plus years. A 16 A. In Delaware. 17 product stewardship matter or two. 17 Q. How long did you work for DuPont? 18 Q. Any other PCB cases other than the one 18 A. Seven months. 19 you mentioned a few years ago and this 19 Q. Then where did you go? 20 one? 20 A. United States Army. 21 A. No. 21 Q. Did you serve in a war? 22 Q. Give me a thumbnail sketch of your 22 A. No, not at that time. 23 education, please. 23 Q. At some time? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 13-16 HARTOLDMONOO11461 1 A. 2 Q. 3 A. 4 5 Q. 6 7 A. 8 Q. 9 10 11 A. 12 13 14 Q. 15 16 17 A. 18 Q. 19 A. 20 Q. 21 A. 22 23 Q. Page 17 Yes. Which one? 1 subsequently served during Desert Storm in a different service. Okay. Was the Army voluntary after you were at DuPont? Yes, it was. How long did you stay with the Army before you came back to civilian life work force? 1 spent three years on active duty. 1 have never returned to civilian life, per se. Well, 1 guess 1 just want to know when you went back into the private work force. 1 returned in 1975 from overseas duty. Where did you go to work then? To Monsanto. What position? 1 was an environmental engineer in Bridgeport, New Jersey. Is there a plant located in Bridgeport? 1 2 Q. 3 4 A. 5 6 7 Q. 8 9 10 11 A. 12 Q. 13 14 15 A. 16 17 18 Q. 19 20 A. 21 22 23 Q. Page 19 requirements for the same. When did legal requirements come out foi double-lined landfills? 1 don't recall because 1 changed jobs, but they certainly weren't in place at that time. Was that initiated at your idea, or how did that come about that you were ahead of the industry, 1 guess, on the double-lined landfill? Company felt that it was appropriate. Do you know when the technology first became available for double-lined landfills? 1 don't think there's anything unique about the technology. It's simply a matter in which it's assembled. Do you know when the first double-lined landfill was ever created? No. But 1 understand that ours was very early because the regulators were quite surprised. Did the other Monsanto facilities follow Page 18 Page 20 1 A. There was at the time. 1 the Bridgeport facility in putting in 2 Q. What did they manufacture primarily in 2 double-lined landfills at their sites at 3 Bridgeport? 3 that same time? 4 A. Plasticizers. 4 A. I'm not aware one way or the other. 5 Q. How long did you work as an 5 Q. Where did you go after you left the 6 environmental engineer of the Bridgeport 6 Bridgeport facility? 7 plant? 7 A. 1 went to our engineering department. 8 A. Until 1978. 8 Q. In St. Louis? 9 Q. '78? 9 A. Yes, ma'am. 10 A. Yes, ma'am. 10 Q. And what was your title? 11 Q. And did you remain as environmental 11 A. I'm not sure. It was something related 12 engineering for that entire three years 12 to environmental engineer. 13 in Bridgeport? 13 Q. What were you doing? 14 A. Yes, 1 did. 14 A. Environmental engineering once again. 15 Q. What were your duties and 15 Q. And what exactly was your 16 responsibilities as an environmental 16 responsibility? Were you overseeing 17 engineer at the Bridgeport plant? 17 particular sites? 18 A. 1 was involved in startup and operations 18 A. No. 19 of a waste treatment plant. 1 was 19 Q. What were you doing? 20 involved in permitting of various sorts. 20 A. 1 was involved in a project in Houston, 21 1 was involved in the design and 21 Texas. And 1 was involved in regulatory 22 construction of a double-lined landfill, 22 work in Brazil. 23 well in advance of the legal 23 Q. What was the project in Houston? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 17-20 HARTOLDMONOO11462 1 A. 2 Q. 3 A. 4 5 6 7 Q. 8 9 A. 10 11 12 Q. 13 A. 14 15 Q. 16 17 A. 18 Q. 19 A. 20 Q. 21 22 23 A. Page 21 There were two. 1 A. What were they? 2 One was startup of a large sort of 3 petrochemical complex. And the second 4 was troubleshooting a process for 5 Q. manufacturing a particular chemical. 6 Which chemical were you troubleshooting 7 for? 8 1 believe, although I'm not certain 9 A. after all these years, that it was 10 sorbic anhydride, or sorbic acid. 11 For which plant? 12 The so-called Chocolate Bayou plant in 13 Alvin, Texas. 14 And where was the large petrochemical 15 Q. complex being started? 16 At the same location. 17 Chocolate Bayou? 18 Yes, ma'am. 19 A. Any other projects that you worked on 20 other than the regulatory work in Brazil 21 Q. and the two that you mentioned in Texas? 22 I'm sure there were. But those are the 23 Page 23 1 led a group of professionals in those various disciplines, as well as professional fire fighters to provide their services to that location. For those of us who have never been in an environmental safety and health department, can you tell us what that exactly entails? Yes, ma'am. Environmental protection, safety of personnel and loss prevention, as well as fire safety, industrial hygiene. And in that instance 1 was also responsible for the medical department. Did the Queeny plant have medical surveillance for its employees and contractors when you were there as superintendent? 1 believe so, but 1 don't recall all of the details. I'm sorry. How about when you were at Bridgeport? Was there a medical surveillance program in place? 1 2 Q. 3 A. 4 Q. 5 6 7 A. 8 9 10 11 12 Q. 13 A. 14 Q. 15 A. 16 17 18 Q. 19 A. 20 Q. 21 22 23 Page 22 two that 1 recall. The main ones? Yes, ma'am. How long did you remain in that position in the engineering department in St. Louis? It depends. Officially 1 was assigned there for two years; however, during the second year 1 was sent to Washington University, as 1 mentioned earlier, to study chemical engineering. What did you do next? After school? Yes. 1 was assigned as the superintendent of environmental safety and health at another location. Which location? John F. Queeny plant here in St. Louis. What were your duties and responsibilities as a superintendent of environmental safety and health at the Queeny plant? 1 A. 2 Q. 3 4 5 A. 6 Q. 7 8 A. 9 Q. 10 11 12 A. 13 Q. 14 15 16 A. 17 Q. 18 19 A. 20 Q. 21 A. 22 Q. 23 A. Page 24 1 don't recall. In terms of environmental protection, does that include protecting the community? Yes, ma'am. Does it also include protecting aquatic life? Yes, ma'am. How about the atmosphere? Does it include preventing pollution of the atmosphere? Yes, ma'am. All right. How long were you the superintendent of environmental safety and health at the Queeny plant? Approximately five years. So does that take us from about -- well, when did you start there? 1 started in 1980. '80 to '85? 1 believe the end of '84. Where did you go next? 1 went back to our corporate offices and Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 21 - 24 HARTOLDMONOO11463 Page 25 Page 27 1 worked in a different function. 1 A. Yes, ma'am. 2 Q. What was your title then? 2 Q. Which ones? 3 A. 1 was a product stewardship manager. 3 A. Kearny, New Jersey; and Everett 4 Q. Explain what that means. 4 Massachusetts. 5 A. 1 was responsible for overseeing the 5 Q. Why were there PCBs in Kearny, New 6 safety of a particular set of products 6 Jersey? 7 for use. 7 A. They were not in use during the time 1 8 Q. What product line or lines? 8 was involved with the plant. But 1 was 9 A. At that time various plasticizers. 9 told and the record reflected at that 10 Q. Have you ever had any responsibility -- 10 time that they had been used as heat 11 Well, by then you weren't making them 11 transfer fluids, as was common the case. 12 anymore, but in your previous jobs did 12 Q. Do you have any idea what volume of PCBs 13 you ever have any responsibilities for 13 were used as heat transfer fluids at the 14 PCBs? 14 Kearny, New Jersey facility? 15 A. No, 1 did not. 15 A. No, 1 don't. 16 Q. How long did you stay in the product 16 Q. Do you know during what time frame PCBs 17 stewardship position? 17 were used as heat transfer fluids at the 18 A. The position changed over time, but as a 18 Kearny, New Jersey facility? 19 general functional area until 1991. 19 A. I'm sure 1 did. But 1 don't any longer. 20 Q. What other things did you start doing 20 Q. Do you know how many years, like ten, 21 between '84 and '91 other than this 21 twenty? 22 product stewardship? 22 A. 1 apologize. It would be purely 23 A. Nothing. But 1 did work on different 23 speculative on my part. 1 simply don't 1 2 Q. 3 A. 4 5 6 7 8 9 10 Q. 11 A. 12 Q. 13 A. 14 15 16 Q. 17 A. 18 19 20 21 22 23 Q. Page 26 products as well. What other products? 1 also worked on rubber chemicals. 1 also worked on a number of products that we referred to as advanced -- let me think for a minute. I'm sorry. 1 have forgotten exactly what they were called. But they were basically metalized materials. Can you give us an example? Metalized fabric might be an example. What did you do in '91? In '91 1 became engaged as environmental protection manager for certain of our sites. Which sites? Let me see if 1 can recall them all, because it also changed with time. Initially Camden, New Jersey; Kearny, New Jersey, Everett, Massachusetts; Carson, California; and Long Beach, California. At any of those sites were PCBs present? 1 2 Q. 3 4 5 6 A. 7 Q. 8 A. 9 Q. 10 A. 11 12 13 Q. 14 15 A. 16 17 Q. 18 19 20 21 A. 22 Q. 23 A. Page 28 recall. All right. Were those PCBs that were used as heat transfer fluids at the Kearny, New Jersey facility disposed of at the Kearny, New Jersey facility? Yes, ma'am; they were. Were they disposed on-site? Yes, ma'am; they were. In what type of facility? As 1 learned, they were disposed of when the soil -- or in the soil in pits that were dug within the plant. Do you have any idea what volume was disposed of in those pits? No. 1 don't have any idea what volume was disposed of. Do you have any idea if there has been any migration of the PCBs that were disposed of in those soil pits in Kearny, New Jersey? Yes, 1 do. Have they migrated? No, they had not. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 25 - 28 HARTOLDMONOO11464 1 Q. 2 A. 3 4 5 6 7 Q. 8 9 A. 10 11 12 13 14 15 Q. 16 17 A. 18 19 Q. 20 A. 21 22 23 Page 29 So there's no off-site PCBs in Kearny? 1 There were no off-site PCBs. And as 1 2 A. understand it, kind of anecdotally from 3 my colleagues, there are no off-site 4 PCBs, and we remediated the site to the 5 satisfaction of the State of New Jersey. 6 Why was the site required to be 7 Q. remediated? 8 There is a law in New Jersey that 9 requires remediation, which of course, 10 A. has a broad meaning of terms, when one 11 shuts down a site, transfers ownership, 12 or a number of other defined 13 circumstances. 14 Was this Kearny site shut down or 15 transferred? 16 The Kearny site was shut down and 17 Q. subsequently transferred. 18 When was it shut down? 19 A. Circa 19 -- Well, depends on your 20 definition of shut down, 1 suppose. The 21 Q. announcement was made in 1991. I'm 22 A. sorry. I'm not trying to be coy -- 23 Q. Page 31 removed? As 1 recall -- and this is of course more recent times so my recollection is better -- the soil was removed to a TOSCA permitted cell in Model Cities, New York. Do you know how much contaminated soi was taken to that TOSCA permitted facility? 1 don't recall any longer. We removed three hot spots only. That was what the risk assessors advised, and that was what the state agreed. And we capped the remainder in place and placed institutional controls to the satisfaction of the state DEPE. What type of cap was used for the sediment that remained in place? Asphalt. Did you say sediment? Because it wasn't sediment. I'm sorry. Soil. Was it soil? Yes, ma'am. S, S. You know. 1 Q. 2 A. 3 4 5 6 7 Q. 8 9 10 A. 11 Q. 12 A. 13 14 15 16 17 18 19 Q. 20 21 A. 22 23 Q. Page 30 That's okay. -- but I'd like to be specific for your benefit. Precisely when we stopped manufacture, 1 don't recall, but sometime within a year or two thereafter. Can you describe the remediation work that was done to be in compliance with the State of New Jersey requirements? Yes, 1 can. Tell me about that. There was an investigation conducted of the facility, including ground and soil, groundwater and soil. Excuse me. And then there was an agreed program for remediation. And we conducted that agreed removal and institutional control program. Was the soil removed to an off-site facility? Some of the soil was removed to an off-site facility. Where was it taken, the part that was 1 2 3 4 A. 5 6 7 8 9 10 11 12 13 14 15 Q. 16 17 18 A. 19 Q. 20 21 A. 22 23 Q. Page 32 What institutional controls are in place at that site in Kearny, New Jersey? There are a number of them, and 1 don't recall all the specifics. There's quite a lengthy list that we insisted upon, both with the state and with our buyer. But they include, obviously, a prohibition of breaching the cap, requirements if it's necessary -- for protection if it's necessary to breach the cap and restoration. And they include prohibitions on certain types of re-use. Do you know what levels of PCBs were detected prior to removal to the TOSCA permitted facility of certain soils? It varied throughout the site. What was the highest level of PCBs detected at the Kearny site? 1 don't recall, but we were in the percentage range in those hot spots. Meaning pure PCBs? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 29 - 32 HARTOLDMONOO11465 Page 33 Page 35 1 A. No. PCBs mixed with the soil and the 1 of the operational acreage. There was 2 contents of the three pits. 2 other acreage that wasn't involved in 3 Q. Are we talking about hundreds of parts 3 this whatsoever. And we monitored for a 4 per million -- 4 period of five years. That was after 1 5 A. Yes. 5 left the project that 1 agreed to the 6 Q. -- or thousands of parts per million? 6 requirement of the groundwater to ensure 7 A. Yes. 7 that there was no migration. 8 Q. So there were some as high as thousandj5 8 Q. Is the Kearny facility located near a 9 of parts per million? 9 residential neighborhood? 10 A. Yes, there were. As 1 said, percentage 10 A. 1 don't know the neighborhood well 11 range of ten thousand parts per million 11 enough to know. Immediately surrounding 12 is exactly one percent. 12 it is principally commercial and 13 Q. 1 was never good at math; that's why I'm 13 industrial. There may or may not be 14 a lawyer. 14 residences nearby. 15 A. So 1 have been told. 15 Q. Do you have any idea how close the 16 Q. Were there any groundwater monitoring 16 nearest resident lives to the Kearny 17 wells installed at the Kearny facility 17 facility? 18 to survey the groundwater? 18 A. No, ma'am. 1 don't. 19 A. Yes, ma'am. There were. 19 Q. There was another facility that you 20 Q. How many wells were placed there? 20 mentioned where you said there were PCBs 21 A. 1 don't recall precisely. 21 at the site, which was Everett, 22 Q. Any ball park estimate? 22 Massachusetts. Is that correct? 23 A. Sufficient to as not only satisfy our 23 A. That's correct. Page 34 Page 36 1 own people but also the State of New 1 Q. Were PCBs at the Everett, Massachusetts 2 Jersey. 2 plant for the same reason as at Kearny, 3 Q. Which consultants did Monsanto use for 3 because they were used as heat transfer 4 that cleanup at the Kearny facility? 4 fluids? 5 A. 1 can recall only one. I'm sure there 5 A. 1 don't know. 6 was more than one. 6 Q. Do you know what the source is of the 7 Q. Who do you recall? 7 PCBs at the Everett plant? 8 A. Roux Associates. 8 A. No, 1 don't. 9 Q. R-O-U-X? 9 Q. What knowledge do you have about the 10 A. Yes, ma'am. 10 PCBs at the Everett plant? 11 Q. Do you remember the contact person with 11 A. When 1 became involved with the Everett 12 Roux that worked on that one? 12 plant, the PCBs were already enclosed in 13 A. Not specifically. 13 a containment facility. 14 Q. Any other remediation work that was done 14 Q. What year was that that you became 15 at the Kearny facility to satisfy the 15 involved with Everett? 16 State of New Jersey requirements during 16 A. 1991. 17 the shutdown? 17 Q. Do you know what year the containment 18 A. The State of New Jersey required us and 18 facility was built? 19 we had agreed to remediate PCBs. And we 19 A. I'm sure 1 did, but 1 no longer recall. 20 did that by removing those three hot 20 Q. Do you know the volume of PCBs that were 21 spots and by capping, as 1 said, and 21 placed in that containment facility? 22 placing institutional controls over the 22 A. Same answer, really. I'm sure 1 had 23 other levels of PCBs throughout the rest 23 access to the data at one time, but 1 no Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 33 - 36 HARTOLDMONOO11466 1 2 Q. 3 4 A. 5 Q. 6 7 A. 8 9 10 11 12 Q. 13 14 A. 15 16 17 Q. 18 19 20 A. 21 22 23 Q. Page 37 longer recall it. 1 Do you know what prompted placing the 2 PCBs into that containment facility? 3 No, 1 don't. 4 Is the Everett plant located near a 5 neighborhood, residential neighborhood? 6 Q. There is a city of Everett, just as 7 there's a city of Kearny, of course, and 8 there are residences, businesses, other 9 A. industries, et cetera, in the city of 10 Everett. 11 Do you know how close the nearest 12 Q. residence is to the Everett plant? 13 No, 1 don't. Again, I'm sure 1 did at 14 one time. I'm sure there are site maps, 15 but 1 no longer recall. 16 A. Do you know if there has been any 17 Q. off-site migration of PCBs from the 18 Everett plant? 19 A. 1 don't know at this time. 1 did not 20 Q. continue on with that project through 21 its completion. 22 A. Who within Monsanto or Solutia would 23 Page 39 particular sorts. We manufactured a product that's used in paper coatings, electronics industry and the like. And 1 believe -- Oh. And we manufactured a sequestering agent. How about at Kearny? What was being manufactured at the Kearny facility when you were involved with it? 1 don't remember precisely. 1 have a vague recollection, but 1 don't want to mislead you. That's fine. Back to Kearny again. Was there any sampling of the fish in the water bodies near the Kearny, New Jersey facility for PCBs? 1 don't recall. Do you know if there was any air monitoring done at the Kearny facility? 1 also don't recall. Do you know if there's a fish advisory in place at the Kearny facility? 1 don't know. But 1 would bet that there is, given the nature of the water Page 38 Page 40 1 have the most knowledge about the PCB 1 in the New York Harbor. 2 issue at the Everett plant? 2 Q. But do you know what the reason is for 3 A. 1 would guess that my former colleague, 3 that fish advisory if there is one? 4 Mike Foresman, would have some 4 A. 1 don't know if there is one really. 5 knowledge. Who has the most, 1 can't 5 It's not a very nice body of water 6 begin to speculate on. 6 around Manhattan Island and the 7 Q. Is the Everett Plant still in operation? 7 environs. But if there is one, 1 would 8 A. No, ma'am. It's not. 8 not know what the reason for it would 9 Q. When did it close? 9 be. 10 A. To give you the same sort of answer as 1 10 Q. Let me go back to your role as 11 did for Kearny, we announced the 11 environmental protection manager, 12 shutdown in 1991, which is why my 12 because the reason we kind of got 13 involvement began. 1 have forgotten 13 sidetracked is 1 was asking you and you 14 precisely when we ceased manufacture. 14 told me that you had responsibility for 15 But some one or two years thereafter, 15 five different facilities, Camden, New 16 since there was more than one product 16 Jersey; Kearny, New Jersey; Everett, 17 made at the plant. 17 Massachusetts; Carson, California; and 18 Q. What was primarily being manufactured at 18 Long Beach, California. Is that 19 the Everett plant? 19 correct? 20 A. At the time 1 became involved with the 20 A. For that short period of time, yes. 21 Everett plant -- and I'm sure it made 21 Q. Right. And what exactly were you doing 22 many, many things throughout its history 22 as environmental protection manager with 23 - we manufactured plasticizers of 23 respect to those five facilities? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 37 - 40 HARTOLDMONOO11467 1 A. 2 3 4 5 Q. 6 A. 7 Q. 8 A. 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Q. Page 41 My initial charge was to ensure that the facilities were properly shut down, dismantled, decontaminated, remediated if necessary. What was your next charge? My job changed. To what? In 1992 1 became director of site operations, and my scope increased to also oversee the shutdown of the manufacturing operations, per se, and make sure that our customers were properly satisfied, outplacement of our employees to provide jobs for those people or retirements where they were eligible and wished to do so. And 1 took on responsibility for an additional number of other sites that were either considered for shutdown or that had been shut down since to try to put them in some useful -- return them to useful purposes. So as director of site operations in 1 2 Q. 3 A. 4 5 6 7 8 9 10 Q. 11 12 13 14 15 A. 16 Q. 17 18 19 A. 20 Q. 21 22 A. 23 Q. Page 43 off the Texas coast near Galvaston. Is that in La Marque or Texas City? Neither of those names ring a bell with me. I'm sorry. And several others that 1 don't recall specifically. 1 really had a portfolio of facilities that had been disused over the years, and we wanted to return them to useful purposes so far as we could. And all I'm really going to try to get to is out of those additional facilities that you became involved with, were any of those facilities where PCBs were on site that had to be addressed? 1 don't think so. So the two that you can recall during the time frame that we're discussing would be Kearny and Everett? Yes, ma'am. How long did you remain in that position as director of site operations? More or less until the end of 1994. And did your role -- was it basically as 1 2 3 4 A. 5 Q. 6 7 A. 8 9 10 Q. 11 12 A. 13 14 15 Q. 16 A. 17 18 19 20 21 22 23 Page 42 terms of a shutdown of the facilities, would it be the five that you previously listed, plus some additional ones? Yes, ma'am. Which additional ones did you get involved with? 1 don't recall all of the sites, nor their state when 1 first became involved. As best you can recall which other sites did you have supervision for? Supervision 1 guess is a relative term in the context of the site is already shut down -- same meaning -- Which other sites did you deal with? I'm going to try to recollect as best 1 can. 1 dealt with Anaheim, California. In that instance 1 did oversee a shutdown and the re-deployment of the equipment and the people to another location. 1 was also involved in a facility in Sand Mountain, Alabama, a facility 1 2 A. 3 Q. 4 A. 5 6 7 8 Q. 9 10 11 A. 12 13 Q. 14 A. 15 Q. 16 17 A. 18 Q. 19 A. 20 21 22 23 Page 44 you have previously described? More or less. What did you do next? 1 was transferred to a project we refer to as WOF, which at the time stood for Worldwide Order Fulfilling, which was a large information technology project. Why were you transferred to that? That doesn't seem to fit with your environmental health background. 1 was transferred to that because of my skills in leading change. Sort of more of a management type role? Yes, ma'am. Which does fit with your management background? Yes, ma'am. How long did you do that? As it turned out, only a matter of a few months, because the company reorganized, and while that project continued, there was another role found where my skills were thought to be more useful, and 1 Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 41 - 44 HARTOLDMONOO11468 1 2 Q. 3 A. 4 5 6 7 Q. 8 9 A. 10 11 12 13 Q. 14 15 A. 16 Q. 17 18 A. 19 20 21 22 23 Page 45 was asked to take that on. Which was that? 1 was the leader for a portion of the environmental business, environmental safety and health actually, what was called then Monsanto Business Services. What were your duties and responsibilities in that position? Initially, 1 led a group of people in the environmental safety, industrial hygiene, and analytical quality control areas. Were these people at sites in the country or were they in St. Louis? Generally they were in St. Louis. And what were you doing in terms of leading these people? Various things, ensuring that our clients got what they needed, ensuring that our people were properly developed, and trying to build this organizational structure, which our then CEO felt was going to be beneficial for the company. 1 A. 2 Q. 3 A. 4 Q. 5 6 7 8 A. 9 10 11 12 Q. 13 14 15 16 17 18 A. 19 20 21 22 Q. 23 A. Page 47 Yes, ma'am. It was. And you went with Solutia in the spin? Yes, ma'am. 1 did. So you actually just set up an environmental safety and health department similar to what existed in Monsanto for Solutia; is that accurate? 1 don't know how to define "similar," but we set up an environmental safety and health department that was suitable for Solutia. Okay. Well, can you think of some differences between the environmental safety and health department that was set up in Solutia compared to the Monsanto environmental safety and health department, any significant differences? Different people, some different functions, more of some, less of others, I'm sure. The product mix is different and the plant mix is different. Was it a smaller department in Solutia? In total, yes. 1 Q. 2 A. 3 4 5 Q. 6 7 A. 8 9 10 11 Q. 12 13 14 15 A. 16 Q. 17 A. 18 19 20 21 22 Q. 23 Page 46 What was the organizational structure? 1 Q. A sort of internal consulting 2 organization that we refer -- as 1 say, 3 refer to as Monsanto Business Services. 4 A. How long did you remain in that 5 position? 6 1 remained in a position like that or 7 that one precisely through probably the 8 Q. beginning of 1997. Again, the position 9 A. changed with respect to time. 10 Q. During that '94 to '97 time frame, did 11 you have any responsibilities for either 12 the Anniston site or the Sauget 13 A. Krummrich site? 14 No, ma'am. Did not. 15 What did you do in '97? 16 In 1997 1 was involved in helping to set 17 Q. up the Environmental Safety and Health 18 Organization and then leading a portion 19 A. of that organization for Solutia, 20 Q. Incorporated. 21 This was during the time of the spinoff 22 A. of Solutia? 23 Page 48 And then once Solutia's environmental safety and health department had been set up, what did you do? 1 led our product stewardship in toxicology -- which is a closely-related issue -- and efforts in hazard communication as well. For Solutia? Yes, ma'am. 1 did. How long did you remain in the product stewardship and toxicology leader position? The positions have changed with respect to time, so in one view I'm still in that position, although 1 have additional responsibilities as well. What additional -- Well, did your job title change from '97 to the present? Yes, ma'am. It did. What was the next job title change, at what time frame? Probably earlier this year my title changed to include responsibility for Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 45 - 48 HARTOLDMONOO11469 1 2 3 4 5 6 Q. 7 8 A. 9 10 Q. 11 12 13 14 A. 15 Q. 16 A. 17 Q. 18 19 A. 20 21 Q. 22 23 Page 49 environmental issues and remediation 1 Q. issues. And subsequent to that my 2 position changed again to the title 1 3 A. offered you earlier on when asking my 4 Q. present job title. 5 And give me that one more time, your 6 present title? 7 Director of environmental safety and 8 A. health. 9 Then the job changed in earlier 2000 -- 10 Well, actually when did you get the 11 title of director of environmental 12 safety and health? 13 Q. Probably within the last month or so. 14 Was it July or August? 15 Either June or July. 16 And did you replace someone that was 17 holding that position? 18 No, ma'am. 1 did not. We reorganized 19 the department. 20 A. Who was handling those functions before 21 you took over the job of director of 22 Q. environmental safety and health? 23 A. Page 51 And then who was handling the health issues? Dr. Shepperly. So would it be fair to say that prior to June or July of this year you were not addressing safety and health issues for Solutia? It would be fair to say prior to June or July of this year 1 was not responsible for process safety, personnel safety, industrial hygiene, or toxicology. That had moved back and forth. Okay. Then let me back up to the earlier job change, which was sometime 1 guess toward the beginning of 2001 when you started having responsibility for environmental issues and remediation. Who had been handling those aspects before you took over those functions? Remediation was handled by my former colleague, Mike Foresman. And how about environmental issues? It seems to me that the environmental Page 50 Page 52 1 A. Several people, depending on the 1 protection managers that were then in 2 function. 2 the company doing that function reported 3 Q. Okay. Who had environmental issues? 3 to Mike Foresman also. But that changed 4 A. 1 did, as 1 said, beginning in the end 4 with respect to time. And that was 5 of February. 5 frankly more of an administrative 6 Q. How about safety? 6 question, just as the movement of the 7 A. Safety was handled by a former colleague 7 toxicologist between Dr. Shepperly and 8 who's a medical doctor. 8 myself was then a functional issue. We 9 Q. Who is that? 9 simply worked as a team. 10 A. David Shepperly. 10 Q. As we sit here today in August of 2001, 11 Q. David Who? 11 can you tell us every area that you have 12 A. Shepperly. 12 responsibility for in your position as 13 Q. Can you spell that? 13 director of environmental safety and 14 A. Yes, ma'am. S-H-E-P-P-E-R-L-Y. 14 health? 15 Q. And where did Mr. Shepperly go? 15 A. Yes, ma'am. You decide how much detai 16 A. He's left the company. 16 you wish to have, please. 17 Q. Do you know where he is now? 17 Q. Okay. 18 A. 1 believe he's with a pharmaceutical 18 A. I'm responsible for our environmental 19 firm. 19 issues, again, on something of a shared 20 Q. Which one? 20 service basis. I'm responsible for 21 A. Bristol-Myers, 1 think. 21 industrial hygiene issues, and this will 22 Q. Where? 22 all be on that same basis. I'm 23 A. 1 don't know precisely. 23 responsible for personnel and process Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 49 - 52 HARTOLDMONOO11470 1 2 3 4 5 6 7 8 9 10 Q. 11 12 13 14 15 16 17 18 A. 19 Q. 20 21 22 23 A. Page 53 safety, loss prevention issues. I'm responsible for toxicology, for product stewardship, for hazard communication, which might be an unfamiliar term, but amongst other things, includes material safety data sheets, labels, and Department of Transportation regulatory compliance. And I'm responsible for remediation projects and technology. Okay. Let me start at the end there with remediation projects. Is it fair to say that the group that is responsible for remediation management of which Mr. Steve Smith is the leader is a subgroup under the environmental safety and health department which you're the director of? Yes, ma'am. That's correct. Is there also a similar subgroup for each of those other areas? For example, IH, toxicology, product stewardship, et cetera? Generally speaking, yes. They're 1 2 Q. 3 4 5 6 A. 7 8 9 10 11 12 Q. 13 14 15 16 A. 17 18 Q. 19 20 21 22 A. 23 Q. Page 55 manageable. Does he have a workload that is too heavy for him to manage if he keeps Mr. Branchfield as a direct report functionally? 1 think it's more accurate to say that Steve is also new in his position, and there is a learning curve for any of us when we're new in a position, so this will help him get up that learning curve. Prior to the beginning of this year, did you have responsibility for remediation in the last --1 guess from '97 to 2001? Was that within your bailiwick? No, ma'am. It was not. 1 accepted, as noted, in 2001, earlier this year. Right. Of course you had done some remediation work when you were at some of the specific plants, like we talked about, right? That's correct. But at corporate that was being handled 1 2 3 Q. 4 5 6 A. 7 8 Q. 9 10 11 12 13 14 A. 15 16 17 18 19 20 Q. 21 A. 22 Q. 23 A. Page 54 structured a bit differently, but generally speaking, yes. So all of the remediation management group, of which Mr. Smith is the leader, reports to you indirectly? I'm responsible for Steve and his people, yes, ma'am. Are there --1 understand from Mr. Smith's testimony yesterday that there's going to be a structure change with respect to Mr. Branchfield. Can you explain to me what's going on with that? Yes, ma'am. Within the last week or two Steve and 1 agreed, for reasons of workload management and proper oversight, that Mr. Branchfield would report administratively to Steve but functionally to me. Who requested that change? Steve and 1 agreed mutually. And what prompted that? The desire to make his workload more 1 2 3 A. 4 Q. 5 6 7 A. 8 9 10 11 12 13 14 15 16 Q. 17 18 19 20 21 22 A. 23 Page 56 by someone else up until the beginning of this year? That's correct. And why is it that the learning curve is not as great for you as it is for Mr. Smith on this issue? 1 have got other issues that I'm managing. 1 have spent other time at it. I'm not suggesting that the learning curve isn't as steep in our respective areas. It's simply that it's easier when two people work on two different things than two people work on the same thing at the same time if they're trying to learn as well. 1 guess what I'm trying to figure out is since Steve Smith is the leader of the remediation group, why one of the major cleanups that Solutia is undertaking is not going to be functionally reporting to him? 1 was already responsible for Steve's performance in any case. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 53 - 56 HARTOLDMONOO11471 1 Q. 2 3 A. 4 5 6 7 8 Q. 9 10 11 12 A. 13 Q. 14 15 A. 16 Q. 17 18 A. 19 20 Q. 21 22 23 A. Page 57 But it gives you more of a workload, doesn't it? Yes, ma'am. It does. And as part of this reorganization, 1 have created some intermediate positions so my span of control in the other areas is not as large. Okay. So you're going to be freed up in some of your other responsibilities so you can have more direct functional oversight of Mr. Branchfield? That's part of my purpose, yes. All right. And that happened one or two weeks ago? Yes, ma'am. Do you know if that was before or after Mr. Branchfield was deposed? 1 don't know when Mr. Branchfield was deposed or if he was deposed. He was deposed on July 24th. Do you think that structural change was made before or after July 24? It's close, I'm sure. 1 was, as 1 say, 1 2 3 A. 4 Q. 5 6 A. 7 Q. 8 9 A. 10 11 12 13 Q. 14 15 16 A. 17 Q. 18 19 20 A. 21 22 23 Q. Page 59 you do understand that you are under oath, correct? Yes, ma'am. And you do understand that the penalties of perjury apply? Yes, ma'am. And you have understood all my questions so far, haven't you? Well, 1 have understood them as 1 understood them. Whether 1 understood them as you meant them is another question. If you didn't understand a question as 1 phrased it, you have told me, haven't you? As best as 1 could, yes. Is there anything that you need to clear up from what you have already testified to? If 1 could have, if 1 knew, 1 would have done. 1 know what 1 think you said; 1 don't know what you meant. Okay. You have answered the questions Page 58 Page 60 1 not aware of the date until you told me. 1 as best as you understand them? 2 Q. And you didn't know he had been deposed? 2 A. To the best of my ability, yes, ma'am. 3 A. 1 would have assumed as much, but 1 did 3 Q. And there's no answers you want to 4 not know -- He didn't tell me; no one 4 change so far? 5 else had told me that he was deposed, 5 A. Not so far, no. 6 that 1 recall, in any case. It's 6 Q. Have you -- Did you review any documents 7 logical to assume, of course. 7 in order to get ready for your 8 Q. Did you know that Mr. Smith was deposed 8 deposition? 9 yesterday? 9 A. Yes, ma'am. 1 did. 10 A. Yes, ma'am. 1 did. 10 Q. What did you review? 11 Q. Did you have any conversations with 11 A. 1 looked over three documents, and I'm 12 Mr. Smith after his deposition about his 12 not quite sure what the first two are 13 deposition? 13 called, but there is some sort of order 14 A. No, ma'am. 1 have not. 14 for my appearance that 1 reviewed. 15 Q. 1 need to back way up to what 1 would 15 Q. Would that be what 1 have marked as 16 normally do at the beginning. 16 Exhibit One? 17 A. Do you mind if 1 also take a drink? 17 A. Yes, ma'am. 18 Q. Certainly. Go ahead. 1 don't mind. 18 Q. Okay. And -- 19 At the very beginning 1 usually go 19 A. Thank you. 20 through the usual rules about 20 Q. Before the deposition started, you gave 21 depositions. Since you have given some 21 me - or your lawyer gave me what we 22 and you seem to be doing fine, we don't 22 have now marked as Exhibit Two. Is that 23 need to cover very many of them. But 23 another one of the documents that you Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 57 - 60 HARTOLDMONOO11472 1 2 A. 3 4 Q. 5 6 A. 7 8 9 10 11 Q. 12 13 14 A. 15 16 17 Q. 18 19 A. 20 Q. 21 22 A. 23 Page 61 looked at? 1 Yes, ma'am. 1 refreshed my memory with 2 that. 3 Is there a third document that we don't 4 have that you looked at? 5 Yes, ma'am. 1 believe it was our 6 responses to your various questions. 7 Q. Again, 1 don't know what they are called 8 in your terms, but it's some sort of 9 form of response. 10 Was it objections to this notice, or was 11 A. it something else? I'm not sure what 12 you're -- 13 1 don't know what it was responsive to, 14 but there was clearly a set of questions 15 and a set of responses. 16 Was it interrogatories? Do you know 17 what kind of questions there were? 18 1 don't remember. 19 Can you remember any of the responses 20 that you looked at? 21 Q. In some instance it referred to me by 22 name. 23 A. Page 63 and some other projects that are managed by other people where Steve is not necessarily around. 1 may ask a question or drop an e-mail off to one of his other people that are in the remediation area. Is it mainly sort of status? You're responsible for making sure that you're up to date on the status of these various projects? Generally 1 wish to be aware that the strategy is logical, and obviously on coming up that learning curve I'm sure there were strategies in place on Mr. Foresman's responsibility that I'm not all aware of. I'm working through the list, if you will -- and that they are on schedule and that they are operating to the satisfaction of those concerned. Are you in the position that Mr. Pierle used to be in? 1 don't think there's a direct analogy. 1 2 3 4 5 6 Q. 7 8 9 A. 10 Q. 11 12 13 14 15 16 17 18 19 20 A. 21 22 23 Page 62 MS. MALOW: Do you know what he's talking about? MR. KELLY. (Indicating.) MS. MALOW: Oh. The objections. That's what 1 thought. (By Ms. Malow) Okay. So 1 think we have now covered your work history at Monsanto and Solutia in full. Yes, ma'am. All right. Let's talk about more specifically your function in terms of remediation as director of environmental safety and health. 1 understand that that entire department reports to you. But on a day-to-day basis what duties and responsibilities do you have with respect to the ongoing remediation projects that Solutia is involved in throughout the country and the world? On a day-to-day basis, save this last change with respect to Craig Branchfield, 1 have been in touch with Steve Smith to ask how things are going 1 Q. 2 3 4 A. 5 6 7 8 Q. 9 A. 10 Q. 11 A. 12 13 Q. 14 A. 15 16 Q. 17 A. 18 Q. 19 A. 20 21 22 23 Page 64 Didn't he at one time have a position that was sort of head of environmental safety and health? Yes, ma'am. He was vice president of environmental safety and health. I'm sure there was probably some additional duties that he has that 1 don't. Did you ever work with Mr. Pierle? Yes, 1 did. My pleasure. Was he your boss? At several times in my career, yes, ma'am. And who do you report to now? 1 report to a gentleman named Jerry Hayden. And what is Jerry Hayden's title? Vice president for corporate services. What is corporate services? It's an amalgam of various things, including purchasing or procurement, customer order, processing, 1 believe. Some groups that provide some internal consulting and a specialized kind of IT Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 61 - 64 HARTOLDMONOO11473 1 2 3 4 5 Q. 6 7 A. 8 Q. 9 10 A. 11 12 13 Q. 14 A. 15 Q. 16 17 A. 18 Q. 19 A. 20 21 Q. 22 23 A. Page 65 system, environmental protection, safety and health. And there might be one or two other bits and pieces in there, the physical facilities that we're in. How about the toxicology group? Is Dr. Kaley a direct report of yours? No, he's not. Are y'all -- Where are y'all in the time pyramid, vis-a-vis each other? Dr. Kaley reports most recently to another colleague of mine who is not in the SH group. Who does he report to? He reports to Mr. Bistline. Is Dr. Kaley in the toxicology department? No, ma'am. He's not. What department is he in? 1 have forgotten the title, but he's part of the law department these days. Was he at one time dealing with toxicology issues? 1 don't know his entire career. 1 2 3 4 5 6 7 8 9 10 11 Q. 12 13 A. 14 15 16 Q. 17 18 19 A. 20 Q. 21 22 A. 23 Q. Page 67 literature. In other words, in the first instance we would trigger based on change in something we were doing. In the second instance, we might trigger via change in something someone else had discovered and go back and relook things for something we learned in some other manner. And so there's an ongoing process for assessing those products that we make or sell. Does Solutia perform any in-house toxicity studies on its products? We don't have an in-house toxicology laboratory. That work is contracted under the provision of those people. Okay. And is there any ongoing toxicity studies being performed by outside contractors presently? Yes, ma'am. There are. Have you ever been involved in any of the toxicological studies for PCBs? 1 have not personally. Have you read any of the toxicological Page 66 Page 68 1 Q. What is your responsibility as director 1 studies that were previously done by 2 of environmental safety and health with 2 Industrial Biotest? 3 respect to toxicology? 3 A. 1 have read studies done by Industrial 4 A. I'm responsible for the people that 4 Biotest but not on PCBs. 5 handle the toxicology investigation, 5 Q. Did you know that Industrial Biotest 6 risk assessment and the like for our 6 performed toxicity studies on PCBs at 7 current products. 7 the request of Monsanto? 8 Q. What sort of risk assessments are done 8 A. No, 1 did not know that. 9 internally at Solutia for its particular 9 Q. Are you familiar with any of criminal 10 products? 10 proceedings against Industrial Biotest 11 A. Today? 11 with respect to studies it performed on 12 Q. Yes. 12 Monsanto's behalf? 13 A. There's a fairly extensive process that 13 A. To the extent that we went back and 14 we refer to as the environmental safety 14 reaudited studies on some product lines 15 and health assessment on all new 15 for which 1 was responsible, as 1 16 products, new uses of existing products, 16 mentioned earlier, 1 had some studies 17 and several other permutations thereof, 17 that had an audit report by a third 18 to assure they are safe for employees, 18 party to validate IBT's work or 19 users, the general public, in transport, 19 invalidate it, as the case may have 20 et cetera. 20 been. That's the extent of my 21 In addition to that, there is an 21 experience with IBT. 22 ongoing assessment of products based on 22 Q. As we sit here today, have you ever read 23 things that might be reported in the 23 any of the epidemiological literature on Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 65 - 68 HARTOLDMONOO11474 Page 69 Page 71 1 PCBs? 1 environmental impact and a health 2 A. No, ma'am. I've not. It's not an 2 impact, that in your position as 3 existing product, and as 1 said, my 3 director of environmental safety and 4 responsibilities in the product area 4 health it would be important for you to 5 have been defined around our existing 5 know that information? 6 product line. 6 A. It would be important for me to know 7 Q. Well, but since PCBs continue to persist 7 sufficient to do my job or to know those 8 in the environment, why wouldn't you be 8 who knew it, either direct employees or 9 familiar with the literature on it? 9 contract employees, consultants and the 10 MR. KELLY: Object to the form. 10 like. It's difficult to know everything 11 A. May 1 answer? 11 about everything. 12 Q. (By Ms. Malow) Yes. 12 Q. Right. But the only reason I'm getting 13 A. It's not part of my present 13 back to this is because you made a point 14 responsibility, nor was it. 14 that you don't manufacture the product 15 Q. Well, you are dealing now with 15 anymore. But you do know that PCBs are 16 Mr. Branchfield in the remediation of a 16 persistent in the environment, don't 17 PCB contaminated site, are you not? 17 you? 18 A. Yes, ma'am. 1 am. 18 A. 1 know that that's said and 1 know that 19 Q. So wouldn't it be important for you to 19 there are PCBs in Anniston. 20 know what sort of environmental impact 20 Q. Do you know that there are levels in the 21 PCBs have? 21 bodies of the neighbors at the Anniston 22 A. It would be important for either me to 22 facility that are as high or higher than 23 know or someone whom 1 might trust who 23 in worker populations? Page 70 Page 72 1 works for me to know. 1 MR. KELLY: Object to the form and 2 Q. So are you saying that that knowledge is 2 the assumption. 3 within Mr. Branchfield's head? 3 A. 1 have not seen any specific data. No, 4 A. 1 don't know whether it's in his head or 4 1 don't know that. 5 others. It's -- Again, as 1 said, 1 5 Q. (By Ms. Malow) Would that surprise you 6 have taken over the functional 6 to hear that? 7 responsibilities in the past week or 7 MR. KELLY: Object to the form. 8 two. 1 will know eventually. 8 Q. (By Ms. Malow) Or does that surprise 9 Q. You personally right now sitting here on 9 you to hear that? 10 August the 9th, 2001, don't have 10 MR. KELLY: Object to form. 11 knowledge about the current 11 A. I'm not sure whether 1 should be 12 epidemiological literature on PCBs? 12 surprised or not. You're saying it. 1 13 A. Not in any detail; no, 1 do not. 13 don't have any basis to believe or 14 Q. How about animal studies on PCBs? Do 14 disbelieve you, nor any basis to 15 you have any knowledge right now about 15 understand why it might or might not be 16 the animal studies on PCBs? 16 if it were true, quality of analytical 17 A. Now, roughly one to two weeks later 17 work, or lots of the other things in my 18 after 1 have taken over the 18 experience that one has to understand 19 responsibility for Steve's day-to-day 19 before one believes data. 20 work, no, 1 don't. 20 Q. (By Ms. Malow) Do you know of any 21 Q. Would you agree that regardless of the 21 community other than Anniston where the 22 fact that PCBs are no longer 22 residents have PCB levels in their blood 23 manufactured, that if there is an 23 that's comparable to worker populations? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 69 - 72 HARTOLDMONOO11475 1 A. 2 3 Q. 4 5 A. 6 Q. 7 8 A. 9 10 Q. 11 12 13 14 A. 15 Q. 16 17 18 19 20 A. 21 Q. 22 23 Page 73 No, 1 don't. But 1 don't know that it's 1 true in Anniston either. 2 Have you seen the serum levels of the 3 neighbors of the Anniston plant? 4 1 have not as yet. 5 Q. Is that something that you plan to look 6 A. at? 7 Q. It depends on whether 1 need to for my 8 purposes in my job. 9 A. Well, are you as the director of 10 Q. environmental safety and health for 11 A. Solutia concerned about the health of 12 Q. your neighbors? 13 Of course, 1 am. 14 Isn't that in fact part of the pledge 15 that Solutia has made to the community, 16 A. to protect not only the health of its 17 Q. own workers but also the health of its 18 A. neighbors? 19 In words more or less of that sort. 20 And isn't it also part of Solutia's 21 commitment to its neighbors to protect 22 their properties as well from 23 Page 75 intention to retire. My duties had been changed, along with Steve Smith's. And so we went to become acquainted with this particular project. Sort of an orientation? Yes, ma'am. Who else from St. Louis other than you and Mr. Smith went to Mr. Anniston? Just the three of us. Did Mr. Foresman go with you? Yes, ma'am. He did. Oh, 1 didn't know that because Mr. Smith didn't tell me that yesterday. All right. So Mr. Smith, Mr. Foresman, and yourself all went there in February? Yes, ma'am, we did. And who did you meet with at the plant? Dave Cain, site manager, as a courtesy. And 1 had other unrelated business with him. 1 had never had the pleasure of meeting him. Robert Jones for the same reasons. 1 had met him before, but 1 had other business with him. Steve. 1 Page 74 Page 76 1 contamination? 1 met the young woman who works in their 2 A. Yes. And we believe we're doing that. 2 office. 1 think 1 met one of the 3 Q. Okay. 1 want to now go to what we have 3 construction people. 4 marked -- 4 Q. Did you meet with Mr. Branchfield as 5 MS. MALOW: You want to take a 5 well? 6 break? Sure. 6 A. Yes, ma'am. I'm sorry. 7 [A break was taken.] 7 Q. 1 wanted every one of them. 8 MS. MALOW: Back on the record. 8 A. 1 thought you had mentioned that earlier 9 Q. (By Ms. Malow) Mr. Felder, before we go 9 on. 10 to Exhibit --1 think it's Two -- how 10 Q. No, no. 1 had from St. Louis, you, 11 many times have you been to Anniston, 11 Mr. Smith, and Mr. Foresman. And then 12 Alabama? 12 when you got there, you met with 13 A. Twice. 13 Mr. Cain, Mr. Jones, Mr. Branchfield. 14 Q. Were both of those in the year 2001 ? 14 And who else? 15 A. Yes, ma'am. 15 A. 1 have forgotten the last name of the 16 Q. Let's start with the first time that you 16 lady that works in the office, but 1 17 went there. Was that on February 7th of 17 believe her first name is Gina. 18 2001? 18 Q. Did you also meet with Mr. Jerry Hopper? 19 A. Yes, ma'am. This is my note from -- 19 A. Yes, ma'am. 1 did meet Jerry Hopper. 20 Exhibit Two is my note from that visit. 20 Thank you. 21 Q. All right. And what was the purpose of 21 Q. How about Bruce Eley? 22 the February 7th, 2001 visit? 22 A. No. 1 don't recall Bruce being there. 23 A. Mike Foresman had announced his 23 Q. I'm just guessing names because 1 don't Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 73 - 76 HARTOLDMONOO11476 1 2 3 4 5 A. 6 Q. 7 8 A. 9 10 11 12 Q. 13 14 15 A. 16 17 18 Q. 19 20 21 A. 22 Q. 23 Page 77 know who was there. But 1 saw 1 A. Mr. Eley's name on the memo, so 1 was 2 wondering if he was one of the people 3 Q. that was there. 4 A. No. 5 So was it just a one-day visit to the 6 plant? 7 We went down one morning and came back 8 Q. early the next morning, though we were 9 not at the plant that morning. 1 think 10 we had a 7:30 flight the second morning. 11 Right. And my understanding is you did 12 A. not spend the night in Anniston, 13 Q. correct? 14 A. 1 don't recall. 1 think we spent the 15 night by the airport, which 1 guess 16 would be closer to Birmingham. 17 Right. That's what Mr. Smith testified 18 to yesterday. Is that your 19 recollection? 20 That's my recollection as well. 21 And then I'm going to get into more 22 Q. detail about the first meeting, but let 23 Page 79 1 just don't know. 1 would have to look at my expense account. All right. Let's The second one is very clear because we got up early so we could get to the airplane, but the first one 1 don't remember. Okay. Let's go back to the first one. Other than going to the plant site, did you inspect any other areas or go to other areas in the Anniston -Yes, ma'am. Tell me about that. Steve took -- or 1 don't know whether he drove or Mike drove -- but in the event, somehow between the two of them they showed Steve and me the surrounding areas nearby the plant and elsewhere. Just how far out, what mileage, 1 don't recall, but where there were issues related to the remediation. Specifically, did you take a look at Snow Creek? Page 78 Page 80 1 me skip to the second meeting. When was 1 A. 1 don't remember. But 1 may have done 2 that? 2 -- If Snow Creek crosses under the 3 A. A few months ago. 1 don't recall 3 Quintard Mall, then 1 saw a part of Snow 4 precisely. 4 Creek. 5 Q. April or so? 5 Q. Did you look at Choccolocco Creek? 6 A. April, May, 1 think. Yes, ma'am. 6 A. 1 don't think so. 7 Q. Was that also a one-day trip? 7 Q. Did you go to Lake Logan Martin? 8 A. No. 1 think that was a two-day trip, 8 A. No. 1 do recall as we were driving down 9 actually. 9 whatever highway goes from the 10 Q. Did you stay in Anniston or near 10 Birmingham airport to the plant that 11 Birmingham? 11 either Mike --1 guess it had to have 12 A. 1 know we stayed in Birmingham or near 12 been Mike because Craig wasn't with us 13 Birmingham the second night so we would 13 coming from the airport -- gestured and 14 be close to the airport in the morning. 14 said -- 15 We may have stayed in Anniston the first 15 Q. Right. "There is Lake Logan Martin"? 16 night or we may have driven back and 16 A. Yes, ma'am. 17 forth. 1 don't honestly recall. My 17 Q. But there was no actual inspection of 18 expense account would tell me. 18 the lake? 19 Q. Well, Mr. Smith testified that he was on 19 A. No, ma'am. 20 both of those trips and that he didn't 20 Q. Other than you saw it on the highway? 21 spend the night in Anniston either trip. 21 A. 1 don't know if we saw it. He sort of 22 Would that comport with your 22 said, "It's that way." 23 recollection? 23 Q. Well, you can see it. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 77 - 80 HARTOLDMONOO11477 Page 81 Page 83 1 A. Oh. 1 don't recall seeing it. Let's 1 handwriting as well? 2 put it that way. 2 A. Could you give me a specific? 3 Q. All right. It's kind of hard to miss. 3 Q. For example, on enclosure 1, which is 4 A. Okay. 4 the "Anniston Remedial Project List of 5 Q. How about any residential neighbors' 5 Key Personnel." 6 properties? Did you go look at any 6 A. That's my printing. 7 residences near the Anniston plant site? 7 Q. And the same thing on page 2 of that 8 A. We drove by some homes. We drove by a 8 enclosure 1? 9 church or two. We drove by some 9 A. That is also my printing. 10 businesses near the plant. Yes. 10 Q. And is it also your handwriting on 11 Q. How about Oxford ball fields? Did y'all 11 what's called "Sheet 1" at the top? 12 go over there? 12 A. That is mine as well. 13 A. Yes, we did. 13 Q. And then is that your handwriting on the 14 Q. And any other places that you can recall 14 Summary Graph, where it says "actual"? 15 specifically driving to during that 15 A. No. That's not. 16 one-day visit? 16 Q. And then it looks like the last two 17 A. 1 believe 1 mentioned a moment ago we 17 pages have no markings on them. 18 drove past the Quintard Mall and around 18 A. Let me just take a look. 1 agree. 19 it, actually. 19 Q. So you took these notes during the 20 Q. All right. And the purpose of that 20 February meeting. Let's kind of go 21 again was just sort of orientation as to 21 through these and let me get some 22 the different areas where there's 22 understanding of what you meant by these 23 projects underway? 23 notes. First you have got a -- The Page 82 Page 84 1 A. Yes, ma'am. It sometimes helps to see 1 title of it is "Anniston Remediation" 2 the lay of the land as well as any 2 and then in parentheses you say "and 3 aerial photo or map. 3 litigation." 4 Q. Sure. Okay. Then let's talk about the 4 A. Yes, ma'am. 5 actual meeting at the plant. You have 5 Q. Then you have got number 1, "People," 6 -- Your lawyer has produced to us some 6 "see enclosure 1," and enclosure 1 7 notes that --1 guess this is in your 7 actually gives a fairly detailed list of 8 handwriting, the first four pages; is 8 areas and names of people and which 9 that right? 9 organizations they are with, correct? 10 A. Count the pages for you. Yes. 10 A. Yes, it does. 11 Q. And did you take those notes 11 Q. Then you have got a comment under 1.1 12 contemporaneously with the meeting? 12 "Bruce Eley does very well with people 13 A. Yes, 1 did. 13 contacts." First of all, what is 14 Q. And is that your pattern to -- or 14 Mr. Eley's role? 15 practice to take notes during the 15 A. 1 don't know precisely. Fie doesn't work 16 meetings that you attend? 16 for me, nor does he work for anyone who 17 A. Depends. If 1 can depend on someone 17 does work for me. But he's involved in 18 else for those purposes, then 1 will. 18 some manner in this project. 1 think 19 This was my get-acquainted visit. So 1 19 there's some description back there. It 20 felt that 1 needed something a bit more. 20 says, "Bruce Eley, Solutia, property 21 Q. Okay. There's some handwriting on some521 access and miscellaneous." And the note 22 of the other pages which are also part 22 apparently was taken in the context with 23 of Exhibit Two. Is that your 23 those duties. Because 1 have got a Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 81 - 84 HARTOLDMONOO11478 Page 85 Page 87 1 direct reference to the enclosure. 1 in your list of key personnel document. 2 Q. Was that your comment, or were you 2 A. That last is certainly true. But 3 recording somebody else's observation 3 whether it's a direct tie, 1 don't 4 about Mr. Eley? 4 remember. 5 A. 1 was undoubtedly recording someone 5 Q. You just don't remember? 6 else's conversation about Bruce because 6 A. No, ma'am. Steve is Steve Smith, 7 1 don't know Bruce that well. 7 however. 8 Q. Do you remember who made that comment 8 Q. 1 figured, but 1 hadn't gotten there 9 about Bruce, that he does very well with 9 quite yet. 10 people contacts? 10 A. Sorry. 11 A. No. 1 honestly don't. There were 11 Q. You're predicting my questions, which 12 basically three people besides myself in 12 always happens. I'm fine with that. 13 the room. Could have been any one of 13 All right. Do you know 14 them. 14 Mr. Williams? Have you ever met him? 15 Q. Do you know which particular people 15 A. Yes, 1 have. 16 contacts were being referred to? Is 16 Q. And what type of company does 17 that neighbors? Is that governmental 17 Mr. Williams have? It says R. S. 18 people? Which people are we talking 18 Williams & Associates. 19 about? 19 A. Richard is an environmental consultant, 20 A. 1 don't recall any longer. 20 if it's Richard Williams. 21 Q. Okay. Then you have got 1.2. "Craig 21 Q. Okay. And is that an outside consultant 22 deals with public, whereas Richard and 22 that Solutia has hired to assist in 23 Steve handle 'technical' issues." You 23 their remediation of the Anniston site? Page 86 Page 88 1 have got technical in quotations. Let's 1 A. Yes, it is. 2 start with Craig. I'm assuming you mean 2 Q. And it says, "Technical Lead - Off-Site 3 Mr. Branchfield? 3 RFI." And then in your handwriting you 4 A. Yes, 1 do. 4 wrote, "usually at the site." Is he 5 Q. And when you say he deals with the 5 stationing himself now mostly at the 6 public, who specifically was being 6 Anniston plant? 7 referred to? 7 A. I'm not sure where you're looking. 8 A. The public. 8 Q. I'm sorry. I'm now looking at the list 9 Q. Meaning the neighbors, residents of 9 of key personnel enclosure 1, where you 10 Anniston, things like that? 10 have got some handwritten notes about 11 A. 1 would think so, yes. 11 Mr. Williams. I'm sorry. 12 Q. And then who is Richard? 12 A. Thank you. 13 A. 1 don't recall from the notes. 1 wish 1 13 Q. 1 changed pages on you. 14 had put a last name down here. It's 14 A. Just a moment and I'll catch up, if you 15 like my second note at the beginning of 15 will, please. 16 the meeting after getting off the 16 Q. Certainly. 17 airplane. 17 A. Okay. Your question? I'm in the right 18 Q. Okay. Could it be Richard Williams, 18 place. What was your question, please? 19 who's listed in the remediation key 19 Q. Okay. 1 was trying to figure out 20 personnel group? 20 whether or not your note that says 21 A. It could be but it might not necessarily 21 "usually at site" means that 22 be. 22 Mr. Williams is now pretty much working 23 Q. He's the only Richard that 1 see listed 23 at the Anniston facility on a regular Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 85 - 88 HARTOLDMONOO11479 1 2 A. 3 4 5 Q. 6 7 8 9 A. 10 Q. 11 12 A. 13 14 15 16 17 18 19 Q. 20 21 22 23 A. Page 89 basis? Well, 1 wish 1 had taken more detailed notes. That's probably what it means, but I'm no longer sure. Okay. Do you know when it is that R. S. Williams & Associates was hired to serve as a consultant on this remediation at the Anniston site? 1 don't just yet. That is something you'll learn as you get more involved? If 1 need to, or if 1 learn 1 can depend on Craig for those sorts of things without fail, then 1 won't learn. [Discussion held off the record.] MS. MALOW: Okay. We'll edit all that out. (By Ms. Malow) What exactly is the function of the technical lead for the off-site RFI to your understanding, Mr. Felder? Just as it says. Fle's providing the 1 A. 2 3 4 5 6 7 Q. 8 9 10 11 A. 12 13 14 15 16 17 Q. 18 A. 19 20 Q. 21 22 23 Page 91 Well, 1 wrote down what 1 was told. In my roughly -- Actually, 1 hadn't even begun the job yet. 1 knew 1 was going to begin the job. Mike hadn't retired as yet. So 1 don't know. 1 wrote down what 1 was told at the time. As you sit here now, do you have any understanding as to whether or not Mr. Smith is in fact handling any technical issue at the Anniston site? 1 think it's fair to say that Steve is, by working through Craig and John and Richard and whomever else we may be using. 1 don't think it would be a reach to say that's handling technical issues. Okay. Who's John? John Loper? Yes, ma'am. You mentioned him a moment ago. Sorry. 1 got confused. Then we go to paragraph 2, which has "Work." It looks like you have divided it into on-site and off-site Page 90 Page 92 1 technical input of technology for 1 RFIs. And then you have got "CERCLA 2 investigation, remediation, and the like 2 investigation" on the right-hand side. 3 for that portion of the work. 3 Are those two different areas? 4 Q. Would he be dealing, for example, with 4 A. That's how it was explained to me at the 5 Choccolocco Creek? 5 time. 1 was literally taking notes to 6 A. Off sites, yes. 6 help me understand. It's just one of 7 Q. And then 1 guess in that list of key 7 the ways 1 study. 8 personnel, Mr. Loperwith Roux is the 8 Q. Okay. Then it says, 1 think -- And if 1 9 technical lead for on-site RFI? 9 misread your writing, tell me. It says, 10 A. Yes, ma'am. 10 "Start - state RCRA, investigation 11 Q. And other areas as well? 11 essentially done, and we would argue 12 A. That's correct. 12 earlier remediation work suffices." Did 13 Q. Okay. Let's go back to your handwritten 13 1 read that correctly? 14 notes where you say that Richard and 14 A. You read my writing correctly, yes. 15 Steve handle technical issues. 15 Q. What is meant, based on your 16 Yesterday when 1 took Mr. Smith's 16 participation in this meeting, as to the 17 deposition he did not seem to know many 17 statement that "Solutia would argue that 18 of the technical details of the Anniston 18 the earlier remediation work suffices"? 19 remediation and deferred to 19 A. What 1 understood it to be, and what my 20 Mr. Branchfield. So 1 guess what 1 20 notes remind me of, is that on that 21 would like to know is what exactly is 21 phase of the work we think that, A, 22 meant by this note that Steve is 22 their investigation was done. And, B, 23 handling the technical issues. 23 the remediation in those areas that was Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 89 - 92 HARTOLDMONOO11480 1 2 Q. 3 4 5 6 7 8 A. 9 Q. 10 11 12 A. 13 14 Q. 15 16 17 18 19 20 A. 21 22 Q. 23 A. Page 93 already done was sufficient. So specifically is Solutia taking the position, based on your understanding of this initial meeting, that for example, the landfills on site that have been capped are adequately containing the PCBs? That's our belief, yes. And have you read the recent May 2001 report by EPA regarding their assessment of the work, remediation work? You would have to show me a copy so 1 could be certain. Well, 1 mean, as we sit here now, are you familiar with the fact that EPA had requested an environmental response team center to utilize, react as a third party to conduct an independent evaluation of the Anniston PCB site? No. There's a note here that says EPA Landfill SWAT Team on my item number -4? 4. 1 2 3 A. 4 Q. 5 6 A. 7 Q. 8 9 10 A. 11 12 13 14 15 Q. 16 17 18 19 A. 20 21 22 23 Q. Page 95 or what did you mean by the use of the word "Issues"? Kind of open items. And you have got "groundwater" and "air." Correct? Yes, ma'am. 1 do. And now, under groundwater you say "sampling suitability." What do you mean by that? Just what it says. Is the sampling suitable? And that's apparently an issue that was -- at least at the time 1 took these notes -- not agreed amongst the parties. And by that do you mean that some of the governmental entities were saying that the sampling performed of the groundwater may not have been suitable? It would include that, yes. There might be other parties, such as your clients, who are arguing the same thing. My notes simply say -- reflect. That's - Page 94 Page 96 1 Q. Yeah. Okay. But have you actually seen 1 A. -- it's an open issue. 2 the written work that EPA Landfill SWAT 2 Q. Okay. Have you at this date, in August 3 Team has done? 3 of 2001, determined in your mind as the 4 A. 1 haven't. Late yesterday afternoon as 4 director of environmental safety and 5 1 was leaving the office a report 5 health for Solutia whether or not the 6 reached me on inter-office mail. 6 groundwater sampling conducted to date 7 Whether it's the same report or not, 1 7 is in fact suitable? 8 don't know. All 1 know with certainty 8 A. We're continuing to sample because the 9 is that it relates to Anniston. 9 regulatory agencies wish us to continue 10 Q. Okay. All right. So the position that 10 to sample. 11 Solutia is taking, based on your 11 Q. So it's still an open question? 12 understanding at this meeting, was that 12 A. It's an open question. 13 all of the work that has been done both 13 Q. Then we go to air, which is number 2 14 on site as well as off site in terms of 14 under "Issues." And you say, "pathway 15 the RFIs is appropriate? 15 or not" question mark. Does that just 16 A. Actually, the note refers specifically 16 mean you're still trying to determine 17 to state RCRA investigation. 17 whether or not the air is a potential 18 Q. So would that be limited to the on site? 18 pathway of exposure? 19 A. Ordinarily so. On site plus landfill. 19 A. No. It means that someone is trying to 20 RCRA wouldn't cover other kinds of 20 determine that and there's not 21 things. 21 agreement, or it wouldn't be listed 22 Q. Then you say "Issues." 1 guess what 1 22 under issues. 23 want to know first is what do you mean 23 Q. Have you in your own mind determined Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 93 - 96 HARTOLDMONOO11481 1 2 3 4 A. 5 6 Q. 7 A. 8 Q. 9 10 11 A. 12 Q. 13 A. 14 Q. 15 16 A. 17 Q. 18 19 20 A. 21 Q. 22 23 A. Page 97 whether or not the air is a potential 1 route of exposure for people in the 2 A. Anniston area? 3 1 haven't as yet. It certainly wasn't 4 in Kearny. 5 It was not in Kearny? 6 That's correct. 7 Have you seen the air monitoring results 8 that Solutia has taken at the plant 9 site? 10 Not as yet. 11 Have you seen any of the EPA air data? 12 Not as yet. 13 Have you seen any of the air data by the 14 plaintiffs' experts? 15 Not as yet. 16 Are you familiar with any EPA region 17 that has developed risk based 18 concentrations for air? 19 For "Rebecca," you mean? 20 Risk based concentration. 1 call them 21 RBCs. 22 The acronym in the industry, 1 guess, is 23 Page 99 object to the assumptions. I'd like to understand, as 1 said earlier in response to a somewhat similar question; 1 have forgotten specifics --1 would want to understand more about the basis for how the risk level was set. 1 would want to understand whether there was some sort of scientific agreement about it. Oftentimes there's disputes in these sorts of things within the scientific community. And 1 don't mean the industry versus EPA, but others who are more disinterested, perhaps. And I'd like to understand more about the validity of both the sample collection and the analytical work that was associated with it, so both sides of the issue, if you think about it. Risk has an exposure component and a hazard component. And you need to understand both before you can draw reasonable conclusions. Page 98 Page 100 1 "Rebecca." 1 am aware that some work 1 Q. (By Ms. Malow) Let's just assume that 2 has been done. 1 don't know the 2 everything is valid and that the 3 numbers, nor whether there's agreement 3 scientific methodology is sound. Let's 4 in the scientific community on it. 4 just make that assumption for purposes 5 Q. Do you have any information as to how 5 of this question only. Given those 6 the levels in Anniston compare with any 6 assumptions, if it turns out that the 7 risk based concentrations the EPA has 7 air levels in fact are thirty times 8 developed? 8 higher than EPA risk based 9 A. Not as yet. 9 concentrations, do you as the director 10 Q. Would it surprise you if the readings 10 of environmental safety and health for 11 were thirty times higher than the risk 11 Solutia find that acceptable? 12 based concentration levels? 12 MR. KELLY: Object to the form. 13 MR. KELLY: Object to the form. 13 A. If all those things were true, we would 14 A. 1 don't know whether 1 would be 14 wish to take some measures to change 15 surprised or not until 1 saw the data 15 that. What those measures might be 16 and until someone explained to me 16 would depend on additional facts. And 17 whether it's rational or not rational. 17 the further you take the speculation 18 Q. (By Ms. Malow) Okay. Assume with me 18 out, the less worthwhile my answer is 19 that in fact there are levels in the air 19 going to be. 20 in Anniston that are thirty times higher 20 Q. (By Ms. Malow) Sure. But as we sit 21 than EPA risk based concentrations. Do 21 here now, that's information that you're 22 you find that to be acceptable? 22 still going to get up to speed on? 23 MR. KELLY: Object to the form; 23 A. That's correct. Either 1 will or I'll Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 97-100 HARTOLDMONOO11482 Page 101 Page 103 1 understand that my people understand it 1 MR. KELLY: Object to the form. 2 sufficiently for my purposes. 2 A. Depends on, 1 suppose, the use of the 3 Q. Okay. Now, since you have only listed 3 fish, et cetera. It's an FDA question 4 groundwater and air under your issues 4 after all. 5 and you did not list, for example, fish 5 Q. (By Ms. Malow) If in fact the people in 6 or surface water, does that mean that 6 the Anniston area eat the fish, do you 7 fish and surface water are no longer 7 think there should be a first advisory 8 open issues? 8 in place if the fish levels exceed FDA 9 A. It means they weren't told to me on my 9 limits? 10 very first visit to this plant and my 10 MR. KELLY: Object to the form. 11 very first association with this 11 A. Isn't that a question for ADEM and FDA 12 particular mediation they weren't 12 rather than for me? They are the 13 mentioned to me. 13 regulatory authorities. 14 Q. As we sit here now in August of 2001, do 14 Q. (By Ms. Malow) I'm asking you as 15 you have any understanding as to what 15 someone in charge of environmental 16 the levels are in the fish in the water 16 safety and health if you think it would 17 bodies near the Anniston facility? 17 be a good idea to have a fish advisory 18 A. Yes. 1 don't remember the specific 18 in place if the fish exceed FDA LIMITS? 19 numbers, but during a subsequent meeting 19 A. If that's what's required to provide 20 that you mentioned already 1 was told 20 safety, yes, of course. If it's not 21 some of those numbers in the context of 21 required, no. 22 where and what and how they had 22 Q. Let me ask you this, Mr. Felder: If you 23 decreased over time. 23 and your family lived in Anniston and Page 102 Page 104 1 Q. Do you know if even today some of the 1 the fish levels were higher than FDA 2 fish in Choccolocco Creek exceed FDA 2 limits, would you eat the fish? 3 acceptable limits? 3 A. Depends. 4 A. 1 don't recall specifically. I'm sorry. 4 Q. Depend on what? 5 1 recall that the subject matter was 5 A. Depends on what other information 1 6 discussed, and 1 entered into the 6 have. 7 discussion, but 1 don't remember the 7 Q. Well, let's assume that you want to eat 8 details. 8 fish and you know that the fish levels 9 Q. Well, if they are on decline, does that 9 exceed FDA limits. Would you eat them? 10 mean necessarily that they don't exceed 10 A. Possibly. 11 FDA limits? 11 MR. KELLY: Object to form. 12 A. No. It doesn't mean that they do, 12 THE WITNESS: Sorry. 13 though, either. 1 just don't remember 13 Q. (By Ms. Malow) What would be the reason 14 the number. 14 that you would eat the fish? 15 Q. You just don't know the numbers? 15 A. If 1 thought that the standard was 16 A. Yes, ma'am. That's correct. 16 unduly conservative -- 17 Q. Have you seen the most recent ADEM fish 17 Q. The FDA standard? 18 data? 18 A. Yes, ma'am. 19 A. Not as yet. 19 Q. Okay. Do you have an opinion that the 20 Q. Do you think that the fish advisory 20 FDA standard of two parts per million of 21 should remain in effect if in fact the 21 PCBs is unduly conservative? 22 fish levels exceed FDA acceptable 22 A. In this instance 1 have no opinion 23 limits? 23 because 1 have not studied PCB Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 101 -104 HARTOLDMONOO11483 1 2 Q. 3 4 5 6 A. 7 Q. 8 9 10 11 12 13 A. 14 15 16 17 18 Q. 19 20 21 A. 22 23 Page 105 toxicology, either human or mammalian. 1 A. And you would have to do that before you 2 would come to a conclusion as to whether 3 or not the FDA standard is acceptable or 4 Q. too conservative? 5 That's correct. 6 All right. Let's go back to your notes. 7 You then have number 3, which says, 8 "Community wants us to settle using 9 Q. landfills as a lever." What was the 10 A. discussion about the community's wishes 11 and the landfills being a lever? 12 Q. One is driving the other. The 13 impression that 1 took out of it was 14 that there was litigation and there was 15 remediation, and there was some 16 interplay between the two. 17 What was meant in the -- or what was the 18 A. discussion about the landfills being a 19 lever? 20 Other than the note, 1 don't remember 21 the specifics. Clearly the notes 22 suggest that there is a tie between 23 Page 107 Yeah. Community is a broad term. But yes, my understanding is some parts of the community wish that to be the case. Do you have an understanding as to why it is that that is one of the wishes of the community? MR. KELLY: Object to the form. Calls for speculation. (By Ms. Malow) You can answer. 1 understand 1 can answer; I'm trying to understand the question. Okay. Do you have any understanding as to why it is that the community is requesting that Solutia clean up the landfills further? MR. KELLY: Object to the form, calls for speculation. My notes suggest to me, after -- you do the months -- but since February, so there's a bit of time that has elapsed -- that that desire is being used as a lever to cause us to do something different elsewhere. Page 106 Page 108 1 those two issues. 1 Q. (By Ms. Malow) So you think it is 2 Q. Is it the case that Solutia does not 2 completely connected to settlement of 3 want to do any remediation of the 3 litigation and nothing else? 4 landfills that are on site? 4 MR. KELLY: Object to the form. 5 MR. KELLY: Object to the form. 5 A. 1 don't know that 1 can get in the mind 6 A. As you recall, you remarked it earlier, 6 of you or your clients but obviously 7 we believe that the landfills are 7 someone said this to me during the 8 sufficiently contained, that there is no 8 course of the meeting. 9 remediation necessary. 9 Q. (By Ms. Malow) And that's all I'm 10 Q. (By Ms. Malow) 1 mean any further 10 trying to understand, is the thrust of 11 remediation. My question was poorly 11 the comment at the meeting was that the 12 phrased. Let me restate it. 12 only reason that the community want the 13 A. Please. 13 landfills cleaned up is because they 14 Q. Is it Solutia's position that there is 14 want to use that to you guys to settle 15 no further remediation work that needs 15 their lawsuit. Is that the thrust of 16 to be taken with respect to the on-site 16 it? 17 landfills at the Anniston facility? 17 MR. KELLY: Object to the form. 18 A. As 1 presently understand it, that's 18 A. That's what my notes suggest to me. 19 correct. 19 Q. (By Ms. Malow) Okay. 1 think I'm clear 20 Q. And it's your understanding that the 20 now. 21 community would like further remediation 21 EPA landfill SWAT team, we alluded 22 performed with respect to those on-site 22 to this earlier. Tell me what you can 23 landfills? 23 recall about your meeting in February of Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 105-108 HARTOLDMONOO11484 Page 109 Page 111 1 this year about the EPA landfill SWAT 1 well completed sampling on Snow Creek." 2 team? 2 What is your understanding of what 3 A. That there was such a thing and it might 3 sampling has been done on Snow Creek? 4 become an issue. 4 A. My understanding -- and it's a bit mixed 5 Q. Okay. Was that somehow thought to be 5 up in my mind as to whether it was given 6 connected to the litigation as well? 6 to me then or subsequently -- is that we 7 A. 1 don't recall. 7 have sampled along Snow Creek to 8 Q. The last sentence on that page says, 8 characterize the sediments. 9 "Virtually everything we do is at our 9 Q. Okay. At the beginning 1 had asked you 10 risk. And then in parens you say, "as 10 about Dr. Ferguson's report, which you 11 ADEM are very slow to approve work 11 testified you hadn't seen before, which 12 plans." What was meant by virtually 12 actually addressed Snow Creek back in 13 everything we do is at our risk? 13 the '60s. Are you aware of sampling 14 A. We understand that in order to do what 14 that was done at Snow Creek in the '60s? 15 we believe is the right thing that we 15 A. No, I'm not. 16 may wind up doing more than is necessary 16 Q. Are you aware of sampling that was done 17 in the regulator's view or something 17 of Snow Creek in the '80s? 18 different in addition to that is 18 A. No, I'm not. 19 necessary. We might have to do more 19 Q. Are you aware of the attorney general's 20 subsequently because we're trying to 20 investigation in 1985 of contamination 21 move things along. 21 of Snow Creek? 22 Q. So you think -- or it's Solutia's 22 A. 1 don't recall anything about it. I'm 23 position that Solutia is moving faster 23 sorry. Page 110 Page 112 1 than ADEM is with respect to the work 1 Q. None of those things were told to you 2 plans? 2 when you got involved in the Anniston 3 A. In some regards, yes. 3 site? 4 Q. In what regards is Solutia moving faster 4 A. 1 don't remember at this point and my 5 than ADEM? 5 notes don't tell me that they do, and 6 A. 1 don't recall. 1 was told this. This 6 these are my contemporaneous notes. 7 wasn't my first party conclusion. 7 Q. So your only knowledge with respect to 8 Q. Going to page 2 of your notes, you say 8 sampling of Snow Creek deals with 9 "off-sites are," and then parens, "not 9 present day sampling? 10 plant nor contiguous," "11th Street 10 A. Yes, ma'am. That's correct. 11 ditch, Snow Creek, Choccolocco Creek, 11 Q. Then you say, "We have done a programmed 12 and Lake Logan Martin to the dam at Loy 12 sampling on Choccolocco Creek." What is 13 Lake," right? 13 meant by a programmed sampling? 1 think 14 A. Is that Loy or Lay? Looks like Lay, but 14 that's what that says, programmed? 15 it didn't reproduce very well. 15 A. 1 think it does, too, but apparently 1 16 Q. 1 can't read your writing there. You're 16 misspelled programmed with only one "m." 17 just here identifying what the off-site 17 Or does it only have one "m"? 18 areas are that are being addressed? 18 Q. It has two. But it could actually be 19 A. Yes, ma'am. I'm just trying to 19 two because you have a little scribble 20 understand so that when someone said 20 by it. 21 off-site versus on-sites 1 know what 21 A. All right then. Apparently it's a 22 they're talking about. 22 systematic statistical approach to it. 23 Q. Okay. And that says, "We have pretty 23 Q. And it says that "We looked for PCBs and Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 109-112 HARTOLDMONOO11485 Page 113 Page 115 1 metals. We also sampled lake bottom and 1 A. As 1 recall, yes, ma'am. 2 fish in Choccolocco and the lake" and 2 Q. But at the time of this first meeting 3 that "fish showed better than 2 ppm 3 there was just a general discussion 4 PCBs." So if in fact the FDA acceptable 4 about fish levels? 5 limit is 2 ppm, then these notes 5 A. That's correct. 6 demonstrate that the fish are in 6 Q. Amongst yourselves? 7 exceedance of FDA limits, right? 7 A. Yeah. The parties mentioned earlier on. 8 A. Yes, they do. Now that 1 have them in 8 Q. And then you say "risk of mass removal 9 front of me to refer to, yes. 9 is in," open quote, backwater, close 10 Q. Then it says, "In lake we find less than 10 quote, "where Snow Creek enters 11 2 ppm in the fish," which would be below 11 Choccolocco." What does that mean? 12 the FDA limits, right? 12 A. That's the first time 1 had heard the 13 A. If you remind me and 1 can accept that 2 13 term in that context. In Other times 14 ppm is the limit. 1 just don't recall. 14 I've heard it used by USACE as a 15 Q. Okay. Then you say, "We find PCBs only 15 backwater port or something. That's on 16 in deep samples by dam. In Choccolocco 16 the Mississippi. But this refers to 17 we find increasing PCB levels in fish as 17 waters upstream of the intersection of 18 we move upstream." And 1 can't tell if 18 Snow Creek in Choccolocco Creek. 19 that says less than or greater than 8 19 Q. What is meant by that whole sentence? 20 ppm. 20 A. It means that there's a risk of mass 21 A. It's actually less than 8 ppm. There's 21 removal in the backwater where Snow 22 a little approximation sign on top. 22 Creek enters Choccolocco Creek. It's 23 Q. But does that mean it was greater than 2 23 not a done -- decided issue at this Page 114 Page 116 1 ppm? 1 point. 2 A. It means that some were greater than 2 2 Q. 1 guess 1 just don't know - understand 3 and less than 8. 3 fully what that sentence means. Do you 4 Q. "However, levels have been coming down"? 4 mean that there's some risk if you don't 5 A. Correct. 5 remove the mass? Is that what that 6 Q. Mr. Smith testified yesterday that at 6 means? Or does it mean something else? 7 one of these meetings -- and 1 can't 7 A. No. It means that there's a risk that 8 remember which one -- there was actually 8 it may be necessary to remove the mass. 9 a chart that had been put together that 9 It doesn't say that there's a risk if we 10 showed fish levels over time. Did you 10 don't. View it in the opposite 11 remember such a chart? 11 direction, if you will - 12 A. Yes, 1 do. You recall 1 said there was 12 Q. All right. 13 a subsequent meeting that took place 13 A. It's not known to be necessary. 14 over two days and 1 had entered into 14 Q. Has any determination been made since 15 some discussion with respect to fish 15 this February meeting that in fact mass 16 levels? That was the occasion. 16 does need to be removed in the backwater 17 Q. Okay. And at that meeting, at least 17 area where Snow Creek enters Choccolocco 18 according to Mr. Smith's testimony, he 18 Creek? 19 said there were also some consultants 19 A. Recognizing that my last briefing on 20 present - 20 this in detail over a period of two days 21 A. Yes, there were. 21 was nominally April, and recognizing 22 Q. -- at that later meeting? And that's 22 that presumably there will be some other 23 when that chart was presented? 23 such briefing in the future, but 1 will Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 113-116 HARTOLDMONOO11486 1 2 3 4 5 Q. 6 7 8 9 10 A. 11 Q. 12 13 14 15 A. 16 17 Q. 18 19 20 A. 21 Q. 22 23 A. Page 117 be more knowledgeable in between time, 1 but this might shift with respect to 2 Mr. Branchfield --1 don't know of any 3 such issue at this point in time. 4 It then goes on to say that "We are 5 doing more sampling at this point." So 6 A. at least as of February that was just an 7 Q. issue that was being looked at further, 8 correct? 9 That's correct. 10 Then it says, "We also have PCBs in 11 related floodplain, which we wish to 12 convert to conservation corridor until 13 backwater." What does that mean? 14 1 guess "until" implies time; 1 used it 15 to imply physical distance here. 16 A. Okay. So the conservation corridor 17 would be in a location up to where that 18 -- where Snow Creek enters Choccolocco? 19 That's what this sentence -- 20 Okay. What is your understanding of 21 this conservation corridor proposal? 22 1 learned more about the conservation 23 Page 119 containment of beachwater," and then in parens you say "beachwater is in Oxford, as is Anniston WTP, which has contaminated sediments in a pile and in ponds." Actually, it's backwater. I'm sorry. It is backwater. 1 should have known that from that other backwater. So, again, this is saying that there may be a need to remove this area, but 1 guess not only is -- where Snow Creek enters Choccolocco but also in Oxford and the Anniston waste treatment plant? Actually they are separate issues. In the first sentence it refers back up to the same thing above, where -- the mass removal in the backwater issue. Then this next sentence, the parenthetical portion --1 guess the parentheses either ran out on this page or 1 wasn't consistent in closing my parentheses. Page 118 Page 120 1 corridor in April. At the time of this 1 But in any case, that's just a 2 meeting 1 knew very little about it 2 geographical description of where stuff 3 other than what the note reflects. But 3 is. 4 the conservation corridor is a form of 4 Q. Okay. Do you know what the levels are 5 institutional control, if you will. It 5 of contaminated sediments in these piles 6 would prevent migration of sediments or 6 and ponds? 7 soils on the banks to become sediments 7 A. No. I'm sure if you had a report 1 8 and would limit exposure of people as 8 could read it or 1 could ask Craig a 9 well. 9 question, but 1 don't know at the 10 Q. Would it be less expensive for Solutia 10 moment. 11 to have a conservation corridor program 11 Q. Okay. Then we go to page 3 of your 12 in place than it would be to dredge 12 notes, three or four, which says 13 Choccolocco Creek? 13 "Construction at WTP" -- which am 1 14 A. 1 don't know. 1 have not seen the 14 correct that stands for waste treatment 15 numbers for both cases. 15 plant? 16 Q. Have there been any discussions within 16 A. That's right. 17 Solutia that either Snow Creek or 17 Q. -- "is a sore point." What was the 18 Choccolocco Creek should be dredged? 18 discussion about the construction at the 19 A. 1 don't recall those discussions. I'm 19 waste treatment plant? 20 sorry. 1 had to think back just to be 20 A. Well, it describes it here. There's one 21 accurate for you, but 1 don't recall any 21 issue if EPA removes it and who might 22 such discussions. 22 pay for it. It says we are the target. 23 Q. Then says, "We may need removal or 23 "We are target if EPA removes the pile." Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 117-120 HARTOLDMONOO11487 Page 121 Page 123 1 and then on the other hand, if we do it, 1 Q. Right. 2 there's a possible different resolution. 2 A. No. Other than it's obviously something 3 And it says that we might be able to 3 less than the 15 million dollar 4 recover from the contractor's insurer. 4 estimates if the EPA were to do it. 5 Q. Okay. Who are the parties, as far as 5 Q. But you don't have any idea how much it 6 your understanding, that may have some 6 would cost if you guys do it yourselves? 7 responsibility for the waste treatment 7 A. No. Nor do 1 know precisely what the 8 plant area, other than yourselves? 8 cost of recovery might be. 9 A. I'm not sure we have a responsibility. 9 Q. Then it says, "We are nearly done 10 Obviously, the EPA may think we do. But 10 removal at ball fields near Snow Creek 11 in any case, the other parties are the 11 and in floodplain." Is that the Oxford 12 people who own and operate the waste 12 ball field removal project? 13 treatment plant, the contractor who put 13 A. Yes, ma'am. It is. And if you recall, 14 this material there to begin with, and 14 1 mentioned either Mike or Craig, who 15 then some contractor that was involved 15 was driving, showed us those ball fields 16 subsequent to that in moving it around 16 during the course of the same visit. 17 to apparently expand or otherwise change 17 Q. Right. Then we skip to another 18 the capacity of the waste treatment 18 paragraph. It says, "USEPA and ADEM are 19 plant. 19 at loggerheads, as EPA only wants 20 Q. Where is this project at this stage? Do 20 certain projects whereas ADEM is pretty 21 you know? 21 much, 'all or nothing.'" 22 A. 1 think it's moving very slowly due to 22 What was the discussion with 23 the reasons -- as 1 understand -- the 23 respect to the differences between EPA's 1 2 3 4 5 Q. 6 7 8 9 10 A. 11 12 13 Q. 14 15 16 A. 17 18 19 Q. 20 A. 21 Q. 22 23 A. Page 122 operators of the waste treatment plant 1 themselves. 1 don't mean the people 2 mechanically turning the valves but the 3 A. owner/operator. 4 Sure. And is it your understanding at 5 this point that you guys are going to 6 try and move forward to negotiate a cost 7 sharing rather than having EPA begin 8 removal? 9 We would certainly prefer to do that if 10 Q. we can come to agreement with the people 11 involved. 12 And the reason you prefer to do that is 13 it may end up costing you guys a lot 14 A. less money. 15 The other reason we wish to do it is 16 we'd like to move things along in the 17 Q. community. 18 Would it also cost you guys less money? 19 I'd suggest that it would. 20 A. Do you know what the cost would be to 21 Solutia if EPA didn't remove the pile? 22 Q. If EPA didn't remove the pile? 23 A. Page 124 views and ADEM's views at this meeting you attended? As 1 understood it and my notes reflect it -- and this is not an atypical thing; 1 have seen this in other jurisdictions during my prior remediation experience -- There is some dispute between the competent authorities as to who was responsible for oversight of what. And when you say that "EPA only wants certain projects," do you know which particular projects it is that EPA is trying to get accomplished? No, 1 don't. I'd have to go back and look at whatever documents Craig might have in his office or Steve in his. And do you know what specifically ADEM is asking for when you make that statement, "all or nothing"? Just what Craig briefed me on at the time. Which was? It was all or nothing. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 121 -124 HARTOLDMONOO11488 1 Q. 2 3 4 5 6 A. 7 Q. 8 9 10 11 12 A. 13 14 15 16 17 Q. 18 19 A. 20 21 Q. 22 23 A. Page 125 Okay. Next paragraph, "Highway 21 bridge of over Choccolocco Creek is being added to existing bridge. We will have to excavate for one" - 1 can't read that other word. "Bent." There is also excavation along utility corridor. The highway people will cap what we remove and will cost share." Do you know what type of capping is being done on that highway project? 1 don't think they are far enough along to say. 1 asked about this because 1 find it an interesting project from a technical standpoint. 1 don't think they are far enough along. Why is it an interesting project to you from a technical standpoint? Well, 1 have built runways and other civil structures. So it was just something you had experience with? Yes, ma'am. 1 Q. 2 3 4 A. 5 Q. 6 7 8 9 A. 10 11 12 13 14 15 Q. 16 17 18 19 A. 20 21 22 Q. 23 Page 127 Okay. First of all, do you know who the other PRPs are with respect to Snow Creek? 1 don't at this moment, no. Then where you say that you propose to pave the rest, have you heard anything about a concrete liner being used for Snow Creek? 1 believe that was mentioned as one possibility. There are - 1 was shown them near the mall some portions that already are that way. And that's a perfectly rational form of institutional control or containment. And then it says, "there will be some removal." Do you have any idea how much material would have to be removed from Snow Creek? No. Although 1 have asked to learn more about that specific issue at the meeting in April. And this, again, is just something ongoing? 1 Q. 2 3 A. 4 Q. 5 A. 6 7 8 Q. 9 10 11 A. 12 13 14 15 16 Q. 17 18 19 20 21 22 23 A. Page 126 Do you know what the level is of PCBs 1 A. that are in that highway area? 2 Q. No, 1 don't. 3 Do you know the volume of PCBs? 4 1 think there's some discussion around 5 that. It depends on the design for the 6 one bent. 7 A. Do you know -- Strike that. Why is it 8 that Solutia agreed to cost share on 9 this project on the highway? 10 I'm sure we must feel we have some level 11 of responsibility for it or that someone 12 else felt that way and it was more 13 effective to work together than to 14 argue. 15 Q. Okay. Next you say, "We are into 16 corrective measures in parts of Snow 17 Creek (other parts are paved); we 18 propose to pave the rest, but there will 19 A. be some removal. However, there are 20 other PRPs." By "PRPs," you mean 21 potentially responsible parties? 22 Yes, ma'am. That's exactly what 1 mean. 23 Q. Page 128 Yes, ma'am. It is. Next we're on to page 4 of your handwritten notes. Says, "Potential holder for conservation corridor are concerned as to preexisting contamination." What is meant by that? Precisely what it says, that the people that -- the people that develop or hold these conservation corridors are typically conservation groups who depend on contributions, grants, and the like. And it means just what they say, they are concerned as to preexisting contamination. Is there any proposal that prior to getting these easements that there would be some cleanup before the easements were put in place -We're still -- I'm sorry. Forgive me. We're still working with these people. So 1 think that's an issue that's up in the air. As far as you know, have any easements Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 125-128 HARTOLDMONOO11489 1 2 A. 3 4 5 Q. 6 7 8 A. 9 10 11 Q. 12 13 A. 14 15 16 17 18 Q. 19 20 A. 21 Q. 22 23 Page 129 been obtained yet? 1 A. In April 1 was not aware of any. 1 may 2 learn some at the time of our next 3 meeting. 4 Then it says, "Dave Cain says he and 5 Craig are working just fine together." 6 And then 1 can't read your next word. 7 Q. Well, another term of art. You said 8 A. objections, and 1 didn't know what you 9 meant. "Commo" means communications. 10 And then says -- so it's communications 11 and all. What do you mean by "and all"? 12 It literally means they're working well 13 together. There was a specific question 14 that someone else --1 have forgotten 15 Q. who -- had nominated to me as to whether 16 they are communicating well. 17 A. And you just wanted to make sure they 18 were, and they were? 19 Part of my responsibility. Yes, ma'am. 20 Last paragraph, "CERCLA AOCs include 21 Q. most of on-site, but include far, far 22 more. Generally they are homes in the 23 A. Page 131 1 looked yesterday, but between yesterday and today, it's just as well to refresh our memory to be accurate for your purposes. Let's see. The 2001 budget on what's entitled page 1. Right. There is a percentage for conservation corridor. 1 guess we must be done at the First Missionary Baptist Church, or at least not expecting to spend anything in 2001. There's a property purchase item for 2001 that says three percent but -- That's a purchase rather than a cleanup, right? That's what it says. But in fairness, that might also be other properties besides residential. 1 believe you asked me expressly about residential. Right. It could be commercial, for example. And 1 can't tell from this any more than 1 2 3 4 A. 5 Q. 6 7 8 9 A. 10 11 12 13 14 Q. 15 16 17 A. 18 19 Q. 20 21 22 A. 23 Q. Page 130 floodplain. We have not agreed to everything but of course EPA is in ultimate" - what? Control. Control. Okay. "EPA wants us to go beyond the AOCs. We argue for containment or at least sequencing." What do you mean by "sequencing"? You sample and decide what you need to do, and sample and decide what you need to do, rather than decide what you need to do and then find data to support your hypothesis. Okay. Has there been a budgeted amount for cleanup of residential homes in the area? I'm not sure that there is anything broken out in that fashion. Well, you want to take a look at the budgets that are attached here and see if you see anything that addresses that? Let's do that. Because frankly, 1 haven't even looked. 1 2 Q. 3 4 A. 5 6 7 8 9 10 11 12 13 14 15 16 17 Q. 18 19 20 21 A. 22 23 Page 132 1 can tell about the next chart down. 1 don't see anything that says "cleanup." Do you? Well, let's see. There's something that says "dredge spoils." There is something that says "Choccolocco Creek waste treatment plant." There's something that says "North Side" although it's budgeted at zero at the moment. Several of these could be cleanup but just in different places. 1 don't see anything that specifically says cleanup of homes, nor do 1 see anything that says specific cleanup of businesses. So some of the things might very well become -All right. Let's go back to your notes again. You say in parens, "This is the" -- you had AOC and crossed it out to ACO. Did you mean AOC or ACO? No. 1 meant AOCs. There are apparently several different forms and order. One is called AOC and another is called ACO. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 129-132 HARTOLDMONOO11490 Page 133 Page 135 1 And then of course there are things 1 remarked as he was showing us around 2 under CERCLA. So there are different 2 that one time Anniston had been a major 3 formats that one can operate. 3 foundry center. 4 Q. But basically the debate here is the 4 1 have personal knowledge of FMC's 5 extent to which cleanup will be done. 5 operations, as to what they made and did 6 And there's some disagreement between 6 there, at least when they were making 7 what EPA may want and what you guys may 7 armored personnel carriers and tank 8 think is appropriate? 8 turrets and the like and several other 9 A. That's certainly true. There was also, 9 industrial operations, which frankly are 10 appears from the notes, some debate 10 going to violate my other obligations to 11 between ACO versus dissent decree versus 11 discuss. And they said there were 12 CERCLA. 12 plenty of other users of PCBs for other 13 Q. As to what kind of government? 13 purposes, and from my understanding from 14 A. Yes, ma'am. 14 Craig, served a lot of folks. 15 Q. Lastly, you say that "There is also a 15 Q. Do you have any personal knowledge that 16 Ninth Street ditch AOC for which we feel 16 you can share with respect to FMC's 17 we ought not to be responsible. We are 17 potential use of PCBs? 18 only willing to characterize it." 18 A. No. But they ran foundry operations, 19 1 guess the first question 1 had 19 and PCBs were used at several points in 20 is why is it that you guys don't feel 20 time as binders for castings for sand. 21 you're responsible for that Ninth Street 21 Q. Have you actually examined any of FMC's: 22 ditch area? 22 records to determine to what extent if 23 A. 1 believe we didn't feel -- I'm 23 any PCBs were used? Page 134 Page 136 1 reconstructing this from the notes -- 1 A. No, 1 have not. But please understand 2 that we contributed to it in some 2 I'm not suggesting that FMC did or 3 manner. Our normal habit pattern in my 3 didn't. I'm simply telling you they ran 4 entire experience is if we did 4 a foundry, as did several others in the 5 something, we deal with it. 5 area. 6 Q. Do you have any understanding as to whc ) 6 Q. But you don't have any evidence that 7 would be the source of the problem, the 7 you're going to present to the jury one 8 PCB problem at the Ninth Street ditch. 8 way or another as to their actual use of 9 MR. KELLY: Object to the form, 9 PCBs, do you, Mr. Felder? 10 object to the assumption, 10 A. 1 don't personally. 1 wasn't suggesting 11 PCBs. 11 they had done. Please let me be clear. 12 Q. (By Ms. Malow) Let me -- That's a good 12 Q. Okay. That's why 1 want to make sure. 13 objection. Is the Ninth Street ditch a 13 A. Foundries use PCBs; FMC and others had 14 PCB issue to your understanding? 14 foundries. 15 A. Apparently so. 15 Q. But again, you haven't examined the 16 Q. Okay. Then I'm going to reask my 16 records to have any specifics that you 17 question. 17 can share with the jury? 18 Do you have any idea as to what 18 A. It's not part of my normal duties. No, 19 parties Solutia feels would be 19 1 haven't. 20 responsible for the Ninth Street ditch? 20 Q. Have you been asked to testify at the 21 A. Craig remarked during the course of the 21 trial of this case? 22 day that PCBs are used in -- or were 22 A. Not as yet. 23 used in foundry operations. He also 23 Q. Do you know when the trial is scheduled? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 133-136 HARTOLDMONOO11491 Page 137 Page 139 1 A. Some time in fall. 1 A. No, we didn't. 2 Q. All right. So we have now covered all 2 Q. So site history as far as this meeting 3 your handwritten notes from the first 3 went was really more just current 4 meeting. 1 did not see any handwritten 4 history? 5 notes from this last meeting. Did you 5 A. Yes. 1 should tell you, however, that 6 take notes from that last meeting? 6 outside this context 1 do know various 7 A. 1 don't recall having done so. 1 did 7 products that we made there. 8 search my files thoroughly at 8 Q. Let me ask you this: Do you know 9 Mr. Kelly's instructions. 9 whether or not mercury was used at the 10 Q. And you didn't find any? 10 Anniston plant? 11 A. No, ma'am. 1 did not. 11 A. 1 am told that it was, but 1 don't have 12 Q. Do you remember as we sit here now 12 personal knowledge of that. 13 taking notes during that meeting? 13 Q. Who -- and if it's a lawyer, 1 don't 14 A. 1 don't recall. 14 want to know anything more. But was it 15 Q. May have, may not have? 15 a lawyer that told you that or somebody 16 A. If 1 did, 1 surely didn't retain them. 16 else? 17 1 searched the files diligently. 17 A. 1 believe that 1 read some -- read an 18 Q. Let's go, then, to the next page, which 18 e-mail that said someone alleged that 19 is titled "Anniston Project Review," 19 mercury was used. But there was a -- to 20 "February 7th, 2001," "Agenda." Who put 20 my knowledge, not personal knowledge; 1 21 this agenda together? Do you know? 21 have simply been told this: There was a 22 A. 1 believe Craig Branchfield. Mike 22 chloralkylide facility at Anniston. And 23 Foresman may have had a role. 23 the normal way in which chloralkylide is Page 138 Page 140 1 Q. Let's skip right to the field tour. We 1 made involves mercury. So it would not 2 had talked about that before. That's 2 surprise me, but 1 don't have personal 3 where y'all actually got in the cars and 3 knowledge of it. 4 went and looked at some of these 4 Q. Do you recall who the author was of that 5 off-site area that are listed as well as 5 e-mail? 6 the near site areas that are listed, 6 A. No, 1 don't; I'm sorry. 7 correct? 7 Q. Okay. Then you went - Then the next 8 A. Yes, that's correct. 8 part of the agenda talks about 9 Q. What was discussed during this overview 9 discussion of ongoing activities, and 10 of site history presentation from 2:30 10 that's got four items, and those 1 think 11 to 3:00, just in a nutshell? Do you 11 were covered in your handwritten notes, 12 remember? 12 correct? 13 A. 1 think the notes reflect what was 13 A. Yes, ma'am. 14 discussed. Which portion of the agenda 14 Q. And then budget overview, would that 15 they fit under, 1 don't know. 15 have been just a discussion of these 16 Q. Okay. Well, 1 guess what I'm trying to 16 attached budgets? 17 figure out is how far back in time did 17 A. Yes, ma'am. 18 y'all talk? For example, did you talk 18 Q. Then other issues, do you remember what 19 about the manufacturing processes used 19 was discussed in that category? 20 at the Anniston plant and things like, 20 A. No. I'm sorry, 1 don't. Unless it's in 21 you know, volumes of PCBs disposed of in 21 the notes. 22 the south landfill or the west end 22 Q. And did you in fact have dinner 23 landfill, things of that nature? 23 together? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 137-140 HARTOLDMONOO11492 1 A. 2 3 Q. 4 5 A. 6 Q. 7 A. 8 Q. 9 10 11 12 A. 13 14 15 16 Q. 17 18 19 20 21 22 A. 23 Page 141 Yes, we did. No, 1 don't recall what 1 ate. 1 wasn't going to ask what you ate; 1 was going to ask you where you went. 1 don't recall that either. I'm sorry. 1 need a good restaurant recommendation. 1 don't recall; I'm sorry. Let's skip then to what's entitled "Anniston Remedial Projects," "January 2001," "Monthly Report." Who prepared this document? There's no name on there so I'm not sure. 1 would guess that Craig did, but it is only a guess, based on his job responsibilities. Okay. And 1 guess what 1 want to find out is are there monthly reports for subsequent months that cover these same Anniston remedial projects? For example, would there be a February one, a March one, et cetera? There may be. 1 don't have them. 1 looked through all my Anniston files, 1 Q. 2 3 4 5 6 7 A. 8 9 Q. 10 11 12 13 14 15 16 17 18 19 A. 20 Q. 21 22 A. 23 Page 143 1 don't really think 1 want to go --1 think this all is fairly self-explanatory. Let me just take a quick glance at this and see if 1 have any specific questions about the first page. I'll take a drink, if 1 may, in the meanwhile. Certainly. 1 do have a question on the fourth bullet point under EPA AOC. It talks about, "Received EPA's database which includes all sample results from EPA's residential and commercial property sampling programs in the Anniston area. This data has been integrated into our database." And my question is, what database are you referring to that you guys have? 1 didn't write this report. Okay. Do you know the database that has this type of information? Internal - Sorry. I'm not aware of who keeps it nor in what form it's kept, but Page 142 Page 144 1 both electronic and paper. But Steve 1 obviously we're developing an exposure 2 Smith sits around the corner from me, 2 database. Whether it's through Richard 3 and Craig is only a phone call away. So 3 or Roux or Craig, 1 don't know. But my 4 1 wouldn't probably, because of space 4 solution is if 1 needed it would be to 5 limitations, keep paper on everything or 5 call Craig. But, if you recall, 1 said 6 electronics on everything. 6 earlier on, in order to do risk 7 MS. MALOW: We would just request 7 assessment you need exposure data and 8 that we get all of those. 8 you need hazard data. And this goes to 9 MR. KELLY: They are periodically 9 exposure. 10 produced. And 1 think you 10 Q. Then it talks about a meeting that was 11 have all that have been 11 held at the EPA in Washington, D.C. to 12 prepared. But as we 12 begin negotiations on these items. And 13 periodically update the 13 this is bullet point five under EPA AOC. 14 production, all the monthly 14 Were you involved in that meeting? 15 reports are included. 15 A. No, 1 wasn't. 16 MS. MALOW: Great. 16 Q. Do you know who attended on behalf of 17 Q. (By Ms. Malow) Did you recall, 17 Solutia? 18 Mr. Felder, whether or not this Remedial 18 A. No, 1 don't. 19 Project January 2001 Monthly Report was 19 Q. Have you heard any details at all about 20 a handout that you received at that 20 what happened at that meeting? 21 first meeting? 21 A. No. But, of course, 1 didn't take over 22 A. All of these documents that are attached 22 responsibilities until essentially the 23 here were handouts at that meeting. 23 end of February. 1 wasn't even aware of Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 141 -144 HARTOLDMONOO11493 Page 145 Page 147 1 that circumstance until well into 1 Environmental Affairs. And it says in 2 January, that my job was changing. So 1 2 your handwritten notes, possibly next 3 would have no reason to know nor be 3 head of ADEM. 4 involved. 4 A. Obviously 1 was told that at the 5 Q. Then under off-site RFI, where it says, 5 meeting. 6 "No comments have been received on the 6 Q. All right. 1 think this is probably a 7 Off-Site Floodplain Work Plan, the 7 good time to change the tape. 8 Off-Site Groundwater Work Plan, or the 8 [A break was taken.] 9 Off-Site Phase 1 RFI Report." From whom 9 Q. (By Ms. Malow) Mr. Felder, 1 now want 10 were you either expecting comments or 10 to look at what is entitled "Anniston 11 who is that referring to about no 11 Remedial Projects," "List of Key 12 comments? 12 Personnel," page 1. Do you know who 13 A. 1 can't tell from this report. 13 assembled that list? 14 Obviously either EPA or ADEM, given its 14 A. Yes. Steve did this. Fie may have had 15 context. But 1 don't know which or 15 help, but this was what he presented to 16 both. 16 me. 17 Q. All right. 1 think that covers that 17 Q. And 1 just want to ask you a couple of 18 one. And then the next page where it 18 questions about some of these people. 19 says, "Choccolocco Creek Waste water 19 Under Bob Kaley it says 20 Treatment Plant." "No activity." What 20 miscellaneous for the role. What is 21 specifically is that project referring 21 your understanding of Mr. Kaley's role 22 to? Do you know? 22 with respect to the Anniston Remedial 23 A. We talked about it a few moments ago. 23 Projects? Page 146 Page 148 1 That would be the WTP that's referred 1 A. My acquaintanceship with Bob -- which 2 to. 2 is, as 1 say, kind of on-again, 3 Q. Okay. Because 1 thought that was called 3 off-again in terms of business -- is 4 Anniston waste water treatment plant. 4 that he's a nationally known expert on 5 And here it's referred to as 5 PCB matters. 1 think he's providing 6 Choccolocco. Is that the same thing? 6 technical input. 7 A. To my knowledge it is, unless you want 7 Q. And under Jerry Flopper it says 8 to tell me that there are two. 1 was 8 environmental specialist, O&M. Is that 9 only shown one. 9 operations and management? 10 Q. Okay. Do you know anything about the 10 A. Operations and maintenance is what it 11 status of the meeting that was scheduled 11 normally means. 12 with the mall in February to address the 12 Q. And what does GW stand for? 13 additional material that needed to be 13 A. Groundwater. 14 addressed? 14 Q. And then miscellaneous remedial 15 A. 1 don't recall anything about it. 15 projects. Okay. 16 Q. Do you know who Pete Conroy is that's 16 Dale Wilson. There is a little 17 mentioned in bullet point three under 17 bitty note next to him that 1 can't make 18 conservation corridor? 18 out. What does that say? 19 A. Let's see if his name is in the list of 19 A. Bruce Yare. Actually Yare is Bruce 20 people. 20 Yare. And the two with the little zero 21 Q. That's a good idea. 21 above it, if you will, is actually a 22 A. Yes, he is. 22 degree sign. It's my abbreviation, or a 23 Q. Chairmen of the Governors Commission on 23 commonly used one, for secondary. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 145-148 HARTOLDMONOO11494 Page 149 Page 151 1 Q. So Bruce Yare is secondary to Dale 1 A. 1 have met Frank Hamsher. 2 Wilson in the position of tech 2 Q. Have you had any contact with 3 oversight? 3 Mr. Hamsher with respect to the Anniston 4 A. That's correct. 4 site? 5 Q. And are both Dale and Bruce in St. 5 A. Yes, 1 have. 6 Louis? 6 Q. What specifically have you and 7 A. That's also correct. 7 Mr. Hamsher discussed regarding the 8 Q. All right. We talked about Rick 8 Anniston site? 9 Williams. Let me skip down to --1 9 A. We didn't actually. 1 have had contact 10 think all the rest of these 1 10 with him in a meeting related to the 11 understand. What does the junior mean 11 Anniston site. 12 in front of Rena Ann Peck? She's the 12 Q. What was the meeting about? 13 junior person on the project for Golder? 13 A. It was just a coordination meeting to 14 A. Yes. She's -- Apparently the senior 14 make sure we are all working together to 15 person is Jim Renner, is what my notes 15 move forward as best we can. 16 say. 16 Q. And what role is Frank Hamsher's firm 17 Q. All right. And what is Maverick? Is 17 serving with respect to the Anniston 18 that another consultant? 18 site? 19 A. It's says "construction management" 19 A. Public relations. 20 under their role. 20 Q. Specifically what? 21 Q. Okay. And skipping down -- Let's see if 21 A. 1 don't know. 22 1 have any questions about this. 1 22 Q. Are they trying to get favorable press 23 don't think 1 do. 23 for Solutia? Page 150 Page 152 1 Moving to the next page, 1 MR. KELLY: Object to the form. 2 Fleishman-Hilliard is a public relations 2 A. 1 would hope so. 1 think we deserve it. 3 firm, right? 3 Q. (By Ms. Malow) Okay. And then do you 4 A. Yes, ma'am. They are. 4 know why is it that these various 5 Q. What about Townsend & Bradley? Is that 5 community leaders are listed? 6 also a public relations firm? 6 A. Well, this is put together to educate 7 A. Well, it says it's a government affairs 7 Steve and me so we would know with whom 8 firm. 8 we are working. 9 Q. Okay. Then what about Holland & Knight? 9 Q. And for Robert Downing it says Calhoun 10 Is that a public relations firm? 10 County Commission, "liberal, but good 11 A. 1 don't know. It simply says "DC," 11 relationship." Does that mean his party 12 which is my usual abbreviation for 12 is liberal? That he's a Democrat? 13 District of Columbia. 13 A. 1 don't know whether he's a Democrat or 14 Q. But you don't know what type of firm 14 a Republican. 1 just took it down as it 15 that is? 15 was explained to me. Is there a liberal 16 A. No. It's apparently miscellaneous when 16 party in this country? 17 judging by where it's placed on this 17 Q. All right. 1 get to ask the questions. 18 list. But 1 don't know specifically. 18 A. Sorry. 19 Q. Why is it that all of these PR firms are 19 Q. Sheet 1. There's a bunch of notes. And 20 involved? 20 I'm going to have to get you to explain 21 A. Don't know. 21 some of these because 1 can't read your 22 Q. Have you had any contact with any of the 22 writing very well. 23 PR firms? 23 First of all, what is Sheet 1 ? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 149-152 HARTOLDMONOO11495 Page 153 Page 155 1 Can you explain it? 1 Q. Right. But I'm saying your 2 A. Yes, ma'am. 1 can. 2 parenthetical corresponds with the 3 Q. Okay. 3 ALDOT? 4 A. Sheet 1 is an assembly of various bits 4 A. Yes, ma'am. 5 and pieces of the project. And actually 5 Q. Then you have circled the figure under 6 if you look at the pie charts later -- 6 current forecast for the Quintard Mall. 7 Now -- I'm looking at this thing now. 7 There's a note -- Does it's say "scope 8 It seems to match up. And so it shows 8 change"? 9 what the budget is. And of course, you 9 A. Exactly. 10 might have a budget, but you may or 10 Q. Does that mean that it's probably going 11 might not need to spend it, or make sure 11 to -- that figure is going to change due 12 you have enough money. So there's a 12 to the scope changing of the project? 13 probability as to whether we're going to 13 A. 1 think what it means is that's an 14 spend it given a period of time. 14 explanation as to why it differs from 15 Q. Okay. Let me ask you a question before 15 what the budget and the weighted -- the 16 you move on. Why does it say zero 16 averages were. 17 percent probability for conservation 17 Q. Then there's a little note that's got a 18 corridor? 18 triangle. Says triangle, something, 19 A. Well, it's a 2001 budget. 19 conservation corridor. What does that 20 Q. Okay. So it's just you doubt if that's 20 mean? 21 going to come to fruition in 2001? 21 A. Delta, meaning the difference went to 22 A. Yeah. If you look at some of the other 22 the conservation corridor. So in other 23 notes, it says due to delay in 2000, 23 words, we moved money from the phase of Page 154 Page 156 1 2001, et cetera. 1 the project called "Off Site RFI" to 2 Q. All right. Then what does "weighted 2 conservation corridor. 3 average" mean? 3 Q. Then under air monitoring it's got a 4 A. It's the mathematical product of the 4 little paren, 2. And then next to the 5 budget times the probability converted 5 current forecast it says "discontinued." 6 to a decimal rather than a percentage. 6 Why was that discontinued? 7 Q. And then current what? 7 A. 1 don't know. 8 A. Forecast. 8 Q. Then what does S-W-A-G stand for under 9 Q. Forecast. Okay. Which means? 9 the property purchase current forecast 10 A. Which means where we are exactly at that 10 figure? 11 point in time. 11 A. It's another term of art, Scientific 12 Q. That's actual dollars spent to date? 12 Wild Ass Guess. It means it's not a 13 A. No. It's actual dollars expected to be 13 very good number. We're not certain of 14 spent. And sometimes they differ from 14 it. 15 the probability. Things don't always 15 Q. 1 like that one. Let's see. Then you 16 turn out as you originally expected. 16 have got a note that says plus 800 K 17 Q. Okay. Then let's go to the first thing 17 disposal cost to Emelle. Does that 18 where it says, "due to delay in 2000 to 18 correspond with the Oxford Park number? 19 2001." Does that correspond to the 19 A. Yes, it does. 20 ALDOT entry? Is that where that goes? 20 Q. Do you have familiarity with that whole 21 A. It's Alabama Department of 21 project that was done at the west end 22 Transportation, as 1 understand it. And 22 landfill that 1 deposed Mr. Foresman 23 1 believe that relates to the bridge. 23 about where part of the toe of the Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 153-156 HARTOLDMONOO11496 Page 157 Page 159 1 landfill was dug up and taken off to 1 include these oversight fees? 2 Emelle? 2 A. 1 believe that these things are still 3 A. No, 1 don't. 3 being negotiated. 1 don't think that 4 Q. You have no knowledge of that? 4 the AOC has been signed as yet. 5 A. No, ma'am. 1 don't. Other than the 5 Q. What is your understanding of the two 6 fact it was done. 6 million dollar community goodwill? 7 Q. All you know is X amount of dollars were 7 A. What 1 was told was that in addition to 8 expended? 8 the normal course of things that one 9 A. To be honest, until 1 received this, 1 9 would do in a remediation which might 10 had no knowledge of that, my first 10 include oversight fees, that the agency 11 briefing on the project. 11 wanted us to do certain things that 12 Q. Then this little note about consent 12 might reasonably be put under the 13 orders. 1 think it says "& AOCs" or 13 category of goodwill, having nothing to 14 consent order "for AOCs"? Is that what 14 do with remediation. 15 that says under EPA investigation 15 Q. Any idea what types of things are being 16 forecast number? 16 considered? 17 A. That's right. 17 A. 1 think that 1 remember from a prior 18 Q. And then "report only" for north side. 18 conversation actually --1 heard a 19 What does that mean? 19 number of things being discussed. And 20 A. It means it only funds the report, 20 frankly, 1 suggested that the community 21 nothing more. 21 might be better served with a different 22 Q. Then that last figure for current 22 sort of program. And it would be more 23 forecast, which is the total figure that 23 sustainable for them. And 1 think some Page 158 Page 160 1 you have got a note that says, "as of 1 of these things are still on the table. 2 January 01"? Or 2001, right? 2 1 don't know there's a final resolution 3 A. Yes, ma'am. 3 one way or the other. 4 Q. And then you have also circled the 4 Q. What sort of program are you proposing? 5 weighted average for the total, and that 5 A. At the time we had talked about training 6 says 2001 budget cycle? 6 programs. 7 A. That's right. 7 Q. What kind of training program? 8 Q. Read me what your handwritten notes sa)' 8 A. At the time 1 think the agency were 9 at the bottom of this page? 9 talking about job training for limited 10 A. It says but EPA/DEM, which 1 take to be 10 purpose. 1 think this thing has evolved 11 ADEM, are looking for 1, three point 11 over time though where as much as 12 five million dollars oversight fees. 2, 12 anything else the agency was telling us 13 approximately two million dollars 13 what they would like us to do. 14 community goodwill. 14 Q. What is your present understanding of 15 Q. What is your understanding of what those 15 what the agency is recommending? 16 oversight fees are? 16 A. I'm not sure at this point. There have 17 A. Typically in a remediation project the 17 been several different things on the 18 agencies that are exercising oversight 18 table. 19 try -- or may try, depends on the 19 Q. 1 just am a little fuzzy on what you 20 circumstances, to recover what they 20 mean by "job training." 21 believe their internal costs for their 21 A. The agency, as 1 remember it -- and it's 22 oversight is. 22 not reflected in my notes -- had asked 23 Q. Has Solutia now redone the budget to 23 for a number of different things, one of Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 157-160 HARTOLDMONOO11497 Page 161 Page 163 1 which is they wanted to train people to 1 A. You have used two different words. You 2 do remediation work. There may be other 2 said "authority" and "recommend." He 3 issues, or there may have been other 3 certainly recommends. 4 issues. 4 Q. Okay. Well, let me break it into two 5 Q. So it's not job training for the 5 questions. 6 neighbors? 6 Does Mr. Branchfield have the 7 A. 1 think it was job training for people 7 authority to determine which remedial 8 in Anniston. Whether they were 8 projects should be implemented? 9 physically direct neighbors or others, 1 9 A. Within limits, yes. 10 don't know. But it was community 10 Q. What is his authority? 11 goodwill specifically. 11 A. I'd have to go back and ask for the 12 Q. Let's go to what's entitled "Summary 12 accountants to pull up his delegation of 13 Graph," "Anniston Summary 2001." What 13 authority. 14 does that depict? 14 Q. Does he have a number, authority number? 15 A. Well, my color blindness isn't going to 15 A. 1 suspect he does. 1 don't know what it 16 help very much. Nonetheless, the black 16 might be, nor do 1 know whether Mike may 17 bars are the forecasts. The yellow is 17 have held him more closely than that. 18 actual. Craig did that for my benefit, 18 That's not the way 1 would operate. 19 1 guess. And since this was done for a 19 Q. That's what 1 was going to ask you. Now 20 February 7th meeting, we only had 20 that he is going to be your direct 21 actuals for one month. 21 report functionally, how do you -- how 22 Q. Right. Okay. So this is just sort of 22 would you handle dealing with the 23 projections of costs? 23 authority that Mr. Branchfield will have Page 162 Page 164 1 A. That's right. 1 with respect to the Anniston remedial 2 Q. Then we get to the pie graphs that we 2 projects? 3 looked at briefly earlier. And 1 guess 3 A. My normal mode of operation, unless the 4 there are two pages. The first one is 4 comptrollership advised me that I'm 5 just the budget at the top. But you 5 required to do differently, would be to 6 have got one 2001 budget, and there's 6 delegate sufficient authority to match 7 several different projects, 1 guess, 7 his responsibility. 8 that have percentages assigned to them, 8 Q. And what is his responsibility level? 9 correct? 9 A. His responsibility is implementation of 10 A. Yes, ma'am. 10 the tactics for this plant. 11 Q. All right. Let me see if 1 have any 11 Q. So does Mr. Branchfield have within his 12 questions about that. 12 discretion -- Let's say he says, "You 13 Who makes the determination as to 13 know what; 1 think we should dredge Snow 14 how much gets budgeted for each of these 14 Creek." Will he have that discretionary 15 projects? 15 authority to make that determination? 16 A. Well, these budgets were done by Mike 16 A. 1 suppose that would depend on how much 17 Foresman, I'm sure, with input from 17 it cost to dredge Snow Creek. But he 18 Craig. 18 would certainly have the authority to 19 Q. Does Craig Branchfield have the 19 recommend it and to explain why it was 20 authority to make determinations as to 20 appropriate. 21 the appropriate -- or as to the types of 21 Q. Okay. And then who would have the final 22 remedial projects he recommends for the 22 say as to whether or not that particular 23 Anniston site? 23 remedial project should be undertaken? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 161 -164 HARTOLDMONOO11498 Page 165 Page 167 1 A. Depending on the dollar amount, 1 might 1 Certainly on the finance committee; 1 2 or someone senior to me. Or because of 2 don't recall whether he's on the board 3 an additional complications called the 3 of directors or not. I'm sorry. 4 Solutia Management Company, it might 4 Q. What is your level of authority in terms 5 have to be done - handled by the board 5 of monies that you can expend without 6 of directors of FMCI. 6 having to go to your boss? 7 Q. What is the Solutia Management Company? 7 A. It depends on the arena. And 1 would 8 A. Solutia Management Company -- This is 8 literally take out my authority sheet, 9 going to be very difficult because 1 9 or since they are being revised because 10 can't explain it conceptually to you; 1 10 of my job change, 1 would give it to the 11 was not involved in setting it up. 11 accountant responsible for that and ask 12 But circa 1998 there was a company 12 the question before 1 -- 13 set up that is responsible for 13 Q. Do you have any idea what it would be 14 implementation of remediation of certain 14 for Anniston? 15 U.S. projects, because that was the law 15 A. 1 apologize. 1 don't at this moment. 16 then extant. And so projects that came 16 Q. Well, can you ball park it? 1 mean, do 17 in after that date are not part of 17 you have, for example, authority to 18 FMCI's funds, and they are funded 18 approve something that cost 10 million 19 directly by Solutia rather than through 19 dollars without going to Jerry Hayden? 20 this partially-owned company. 20 A. 1 doubt it. 21 Projects that are outside the U.S. 21 Q. How about a million dollars? 22 can't be funded through it. In the 22 A. 1 doubt it. 23 event -- It's simply a different level 23 Q. So you think once we get over six Page 166 Page 168 1 of authority, to your question. 1 figures, you would have to go up the 2 Q. But since the Anniston project was 2 chain? 3 ongoing prior to 1998, that's why the 3 A. 1 think that, but it might be that given 4 Solutia Management Company is involved? 4 the organizational changes that have 5 A. In some portions. But if there were 5 taken place, the delegation might be 6 some new piece that was not in the scope 6 done differently for me. I'm not sure 7 then, my understanding of the tax 7 at this moment; it's being worked 8 implications is that it would have to be 8 through by the accounting community. 9 funded separately, directly by Solutia. 9 Q. How much more monetary authority do you 10 Q. And how many people are in the Solutia 10 think you have versus Mr. Branchfield? 11 Management Company? 11 A. Probably a factor of at least two, maybe 12 A. There's a board of directors. 12 a factor of ten. But 1 don't know that. 13 Q. Does the board of directors have on it 13 Purely speculative on my part based on 14 anyone who's a Solutia employee? 14 other experiences outside of 15 A. Steve Smith, myself. 15 remediation. 16 Q. Are you on - 16 Q. What does the pie graph represent at the 17 A. Yes, ma'am. Jerry Hayden, whom 1 17 bottom of page 1 ? 18 mentioned earlier. 18 A. That's the expected. Budgets are 19 Q. Who else? 19 typically put together five, six, seven, 20 A. 1 don't recall what the various people's 20 four months prior to the end of a given 21 functions might be, because there's also 21 calendar and fiscal year, which in our 22 a finance committee. And Jim Sullivan 22 case are the same. And then during the 23 is in the finance community. He is 23 course of the year, as one gets new Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 165-168 HARTOLDMONOO11499 Page 169 Page 171 1 experience and data, one redoes -- 1 A. More a matter of nomenclature than 2 creates a forecast. You don't redo the 2 anything else. The budget is a 3 budget, but you do reforecast it. So 3 constant. Forecast would shift. 4 that's an expectation. 4 Q. So the budget is going to keep -- Is 5 Q. Then we go to page 2, which is the 5 going to remain exactly as it is on page 6 actuals for just January at the top and 6 1, but you might add a new category to 7 then actuals to date, which wouldn't be 7 this 2001 EAC - 8 much more, right, because the meeting 8 A. The budget would be the same; the 9 was in February? 9 forecast might be different. 10 A. At that point in time, that's correct. 10 Q. All right. Let's move to something 11 Q. Okay. And that actually shows what has 11 else. Actually were there any handouts 12 in fact been spent on those various 12 that you can remember --1 know you 13 projects? 13 couldn't find any notes from your second 14 A. That's right. 14 meeting, but were there any handouts 15 Q. And it looks like, for example, the 15 that you can remember from the second 16 CERCLA investigation turned out to be 16 meeting? 17 thirty percent when the budget had only 17 A. 1 don't remember. But you have got what 18 anticipated one percent? 18 1 had. 19 A. Looks to me like the budget anticipated 19 Q. All right. Now, let's talk about -- 20 one percent, and then by the time we got 20 Have we now covered, as best you can 21 around to the forecast, it had shifted 21 recall, everything that happened at that 22 to four percent. 22 first meeting that you had in February 23 Q. Right. Ultimately it ended up being 23 of 2001? Page 170 Page 172 1 thirty percent, at least in January, 1 A. As best 1 can recall, yes, we have. 2 right? 2 Q. Let's now move to the next meeting, 3 A. That's right. That's the way 1 read the 3 which according to Mr. Smith was 4 chart, in any case. 4 sometime in either March or April of 5 Q. And the Oxford Park also looks like it 5 this year. Is that your recollection as 6 was not budgeted high enough, because 6 well? 7 that one came in twenty-eight percent, 7 A. That's right. I'm sorry. 1 wouldn't 8 at least for January, right? 8 have thought March. 1 would have 9 A. Let's compare it to -- Let's see. 9 thought April or May. 10 Oxford Park. 10 Q. Regardless, it was a couple of months 11 Q. Was fifteen in the budget, and then in 11 ago? 12 the estimated it was sixteen? 12 A. That's right. 13 A. That's correct. But those are 13 Q. And what was the purpose of that second 14 percentage of totals. The total might 14 trip to Anniston? 15 have also shifted. 15 A. The second trip to Anniston was a larger 16 Q. Sure. By the time the year's up. 16 and far more detailed quarterly review. 17 A. That's right. 17 So as to be clear, the first trip was 18 Q. Okay. How often do these budgets get -- 18 done for Steve Smith's and my benefit, 19 Well, let me ask it a different way. 19 simply to acquaint us with the project, 20 Does the budget remain the same, or does 20 given the expected job changes. The 21 it ever get altered during the course of 21 second trip was part of an ongoing 22 a year? If, for example, a new 22 effort of which we were simply new 23 remediation project comes to light? 23 members of the team. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 169-172 HARTOLDMONOO11500 Page 173 Page 175 1 Q. Okay. And is it your understanding that 1 Mr. Branchfield? 2 on a quarterly basis those meetings are 2 A. Yes. Craig was there from people in 3 held, and this was just the first one 3 Anniston. 4 that you guys had attended? 4 Q. Who else? 5 A. More or less, yes. 5 A. 1 think Jerry Hopper joined us for a 6 Q. Has there been another one? 6 portion of the meeting. And Jerry 7 A. No, there hasn't. 7 Hopper, like Craig, is physically 8 Q. Is there one set for September? 8 located at the plant, although reporting 9 A. 1 don't know, but I'm sure if there is, 9 through Craig to me. 10 it will be put on my calendar. 10 Q. Anyone else that you can recall that was 11 Q. Are you going to now start attending 11 plant personnel? 12 those in Anniston? 12 A. During the course of the meeting there 13 A. Yes, ma'am. 1 will. 13 was a fire drill, and a number of people 14 Q. Why is it that you're not going to just 14 kind of wandered through the room. But 15 have Mr. Branchfield or Mr. -- Well, 15 no, 1 don't recall anyone else who was 16 Mr. Smith's now going to be dealing 16 an active participant from the plant. 17 administratively, so 1 understand why he 17 Q. How about outside consultants? Do you 18 wouldn't go. But 1 guess why is it that 18 recall any of them being present? 19 you feel like you need to be present for 19 A. 1 need to refer to the man's name here, 20 those? 20 if 1 may. 21 A. Those are -- at least based on one 21 Q. Sure. 22 limited experience -- meetings in which 22 A. 1 think that's the occasion which 1 met 23 we are in essence reviewing our 23 Richard Williams. Page 174 Page 176 1 circumstances at a given point in time, 1 Q. Okay. 2 new data, new inputs from other sources, 2 A. John Loperwas present. Seems to me 3 regulators, other parties. 3 that Rena Ann Peck was there. And -- 4 And to me it's important that when 4 take my glasses off for a minute. Jim 5 one has a strategy that one is 5 Renner. I'm not certain of Jim, but 1 6 implementing or tactics that are driven 6 do believe Rena Ann was there. And Don 7 by that strategy, that one continually 7 Miller was there. 8 re-examines the data to make sure that 8 Q. Okay. And what were the consultants 9 your assumptions are valid and you are 9 presenting or discussing at this 10 doing, quote, the right thing. 10 quarterly review? 11 Q. Okay. Who was present at the meeting 11 A. 1 don't remember all the things that 12 that you attended -- this quarterly 12 were covered, but we discussed the 13 review meeting, other than Mr. Smith and 13 conservation corridor. We discussed, as 14 yourself? Anyone else from St. Louis 14 1 think we remarked earlier in this 15 that came down? 15 deposition, fish levels, fish PCB 16 A. Dale Wilson. 16 levels. 17 Q. Any other St. Louis persons? 17 Q. Do you remember who it was that had 18 A. Seems to me that Bob Kaley was there 18 prepared that chart that showed the 19 during a portion of the meeting. 19 levels over time? 20 Q. Was this a one-day or two-day thing? 20 A. No, 1 don't. I'm sorry. 21 A. This was a two-day meeting, as you 21 Q. What else do you recall being discussed 22 mentioned earlier. 22 in terms of topics? 23 Q. Okay. And who was there from the plant, 23 A. Snow Creek remediation. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 173-176 HARTOLDMONOO11501 Page 177 Page 179 1 Q. Anything about the residential 1 Q. Do you remember who? 2 properties? 2 A. I'm not sure which one. 3 A. There may have been, but 1 don't 3 Q. Was it someone from the firm of 4 specifically recall it, unlike the other 4 Lightfoot, Franklin & White? 5 topics 1 did mention. 5 A. Since 1 don't know who's in the firm of 6 Q. Was the Oxford ball field still 6 Lightfoot, Franklin, & White, nor who 7 discussed at this meeting, the second 7 was there, 1 can't help you. 1 8 meeting? 8 apologize. 9 A. 1 don't recall; I'm sorry. 9 Q. Mr. Smith seemed to think it was Adam 10 Q. How about the Quintard Mall? 10 Peck. Does that ring a bell? 11 A. 1 don't recall. 11 A. No, it doesn't. 1 met Adam one time 12 Q. How about the highway project? 12 before, and 1 remembered him for an odd 13 A. 1 don't recall that. The ones that 1 13 reason unrelated to this matter. 1 14 specifically recall are those that 1 14 don't think it was Adam. 15 enumerated for you. 15 Q. 1 don't think 1 want to go there. 16 Q. What else was done during this two-day 16 A. Very simple. He attended Vanderbilt Law 17 quarterly review? 17 School on a scholarship for which my son 18 A. I'm not sure 1 understand the question. 18 was a finalist. 19 It was a quarterly review. 19 Q. All right. Let me back up to part of 20 Q. 1 guess 1 want to know what the full 20 your training. Have you had any -- 21 scope was of this quarterly review, 1 21 attended any seminars on remediation 22 guess. Were there presentations made by 22 techniques? 23 each of the consultants as to the status 23 A. Not lately. Page 178 Page 180 1 of the projects they were working on? 1 Q. In your past career? 2 A. There were certainly presentations made 2 A. Correct. 3 by many of the consultants. Whether it 3 Q. At some point in time while you have 4 was each, 1 don't recall, because some 4 been a Monsanto or Solutia person you 5 of them travel in packs, if you will, 5 have attended such a seminar? 6 kind of like lawyers. 6 A. That's right. 7 Q. I'll object to the responsiveness of the 7 Q. Do you remember what year? 8 question. 8 A. No, 1 don't; I'm sorry. 9 A. 1 think it's fully responsive. 1 didn't 9 Q. Do you remember who put on the program? 10 mean it to be offensive, however. 10 A. 1 have attended a number of them. 1 11 Q. I'm alone today. 11 don't remember specifically. In various 12 A. So 1 don't know whether each of the 12 locations and various times. 13 consultants made a presentation, to be 13 Q. All right. Are you a member of any 14 really specific to respond to your 14 institutional committees or 15 question. 15 organizations such as, have you ever 16 Q. Okay. Was there any part of the meeting 16 been a member of the Manufacturing 17 where the consultants were excluded? 17 Chemical Association? 18 A. 1 don't recall any such part. 18 A. Actually, companies are members of what 19 Q. So your understanding is all those 19 was formerly called MCA, subsequently 20 people were present. Were there any 20 CMA, and more recently ACC. And 1 21 lawyers present? 21 represented my company on a number of 22 A. 1 think there was during the portion of 22 committees there, as well as other 23 the meeting. 23 associations. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 177-180 HARTOLDMONOO11502 Page 181 Page 183 1 Q. On what committees have you served in 1 Q. Which professional associations are you 2 any of those organizations? 2 a member of on your own? 3 A. My. 1 have served in several groups 3 A. I'm a member of the American Academy of 4 that dealt with specific products. 1 4 Environmental Engineers. I'm a member 5 have served more recently on groups 5 --1 think 1 am at this moment. I'll 6 dealing with product stewardship, groups 6 see where my dues bill is for this 7 dealing with international regulatory 7 stuff. The Society of American Military 8 matters. 1 have been more recently 8 Engineers, National Guard Association, 9 asked to serve on yet another group 9 et cetera. 10 there. 1 have served in groups under 10 Q. Do you serve in the National Guard 11 the auspices of the Synthetic Organic 11 presently? 12 Chemical Manufacturers' Association, 12 A. No, 1 don't. 13 which is a different trade association. 13 Q. To your understanding was Monsanto 14 1 have served on groups within the 14 always a leader in trade associations? 15 adhesive sealants. 1 have forgotten 15 MR. KELLY: Object to the form. 16 whether it's Adhesive Manufacturing 16 A. We certainly have been among the leaders 17 Association or Adhesive Sealants 17 during my career and 1 think remain so 18 Council. And 1 have served on other 18 in shifting areas, depending on our 19 groups on behalf of other employers' 19 business needs. 20 groups. 20 Q. (By Ms. Malow) Certainly from -- 21 Q. Do you remember what year MCA became the 21 A. Excuse me. You reminded me before I'm 22 CMA? 22 under oath. 1 think 1 may have 23 A. Certainly before the time 1 joined 23 unwittingly mislead you in answering a Page 182 Page 184 1 Monsanto. 1 question a moment ago. 2 Q. Okay. So is your whole career with 2 You asked if I'm still a member of 3 Monsanto, it was CMA? 3 the National Guard, to which 1 answered 4 A. Yes. 4 no. And that is perfectly true. 1 am 5 Q. Up until recently? 5 still a commissioned reserve officer, 6 A. That's correct. 6 simply not a National Guard officer. 7 Q. Have you attended as a representative 7 It's a legal distinction. 8 for Monsanto or Solutia any other trade 8 Q. All right. 1 appreciate the 9 association meetings? 9 clarification. 10 A. I'm sorry. 1 thought 1 said a moment 10 Let me go back to a question 1 11 ago 1 had done. Yes, 1 have. 11 asked you a long time ago. We talked 12 Q. For which organization? 12 about medical surveillance when 1 was 13 A. Synthetic Organic Chemical 13 asking you specifically about one of the 14 Manufacturers' Association. Some 14 plants where you worked. During your 15 independent groups that 1 don't believe 15 career with Monsanto and Solutia, have 16 are under SOC or any single trade 16 you had any involvement regarding any 17 association auspices, product specific 17 medical surveillance programs that have 18 problems, if you will, usually sponsored 18 been implemented at any Monsanto or 19 or monitored by a law firm. 19 Solutia facility? 20 And several customer sort of trade 20 A. Yes. 21 associations. And then of course I'm a 21 Q. What has your involvement been with 22 member of several professional 22 medical surveillance? 23 associations on my own. 23 A. During my duties at the Queeny plant we Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 181 -184 HARTOLDMONOO11503 Page 185 Page 187 1 conducted monitoring for various 1 specifically to your question, 1 was 2 chemicals, industrial hygiene 2 recently involved with a draft resulting 3 monitoring. And 1 believe, although I'm 3 from epidemiological monitoring at the 4 less certain of this after all these 4 Krummrich plant. 5 years, either urinalysis or some other 5 Q. And what was the chemical or chemicals 6 forms of life monitoring, if you will. 6 that were being monitored for these 7 Q. Do you know when that IH --1 call 7 epidemiological studies at Krummrich? 8 industrial hygiene IH for short -- 8 A. All. 9 A. That's fine. 9 Q. Were PCBs included? 10 Q. -- monitoring began at Queeny? 10 A. Let me explain what this is, because 1 11 A. It certainly began long before my 11 think you're perhaps not understanding 12 tenure. 12 the point. 13 Q. Is it still in place? 13 In these particular 14 A. Yes, it is, as well as at other 14 epidemiological studies, we, including 15 locations. 15 our consultants, look at cause of death. 16 Q. What is the purpose of doing that 16 And if one sees a cause of death in a 17 industrial hygiene monitoring for 17 certain population, then one attempts to 18 various chemicals? 18 tie it back to cause, given exposure or 19 A. To determine exposure levels. 19 something of that sort. So this is not 20 Q. And is that monitoring done for both 20 an industrial hygiene study. 21 employees of Monsanto or Solutia as well 21 Q. Right. It's a mortality study? 22 as contractors that come on site? 22 A. In this instance, yes. There are other 23 A. Depending on chemicals or the other form 23 forms of epidemiological studies, but Page 186 Page 188 1 of exposure, noise radiation, not 1 the one you asked me about is a 2 chemicals, yes, one would consider that. 2 mortality study. 3 Or the contractor would do that. 3 Q. And during what time frame was this 4 Q. Do you know if at Queeny specifically it 4 epidemiological study performed for the 5 is done -- the monitoring is done for 5 Krummrich facility? 6 both employees and contractors? 6 A. These are ongoing, and they are updated 7 A. No. 1 don't know that. 7 nominally three or four years. This was 8 Q. Are you familiar with any health 8 simply the latest update of an ongoing 9 surveillance that has been performed at 9 progression. 10 any time at the Anniston facility? 10 Q. And was there any - Were there any 11 A. I'm not personally familiar with it, no. 11 deaths that were attributed to PCB 12 Q. Are you familiar with any surveillance, 12 related exposures? 13 medical surveillance or health 13 A. No. There were not. 14 surveillance, performed at the Krummrich 14 Q. Are you familiar with any 15 facility? 15 epidemiological studies that have ever 16 A. Yes. And 1 might infer certain answers 16 been performed on the Anniston workers? 17 to our other plants. But let me define 17 A. No, I'm not. 18 this for you so that again I'm not 18 Q. How is it determined as to which sites 19 unwittingly misleading you, your 19 epidemiological studies should be 20 definition versus mine. 20 performed? 21 We routinely do industrial hygiene 21 A. To my knowledge -- and this was based on 22 monitoring, IH, as you called it. We 22 what David Shepperly, medical doctor to 23 also do epidemiological studies. And so 23 whom 1 referred earlier, told me, and Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 185-188 HARTOLDMONOO11504 Page 189 Page 191 1 what our former colleague, James 1 level. 2 Collins, who is a Ph.D. level 2 Q. How about the concentration level to 3 epidemiologist by training -- it was 3 which the Quintard Mall has been 4 Monsanto's practice and became 4 cleaned? 5 subsequently Solutia's practice to do 5 A. No. 1 don't know that either. 6 this on all our sites. 6 Q. Prior to this job -- I'm switching back 7 Q. Why wouldn't there be one for Anniston? 7 to Mr. Branchfield and him now reporting 8 A. 1 suspect there is. You asked me if 1 8 directly to you, but prior to that 9 was familiar with it, and 1 said I'm 9 switch a week or two ago, were his 10 not. 10 budgets submitted directly to Mr. Smith 11 Q. So there may in fact be one for every 11 or to you? 12 single site if the practice was 12 A. Directly to Mr. Smith. But 1 think 13 followed? 13 that's a bit, again, unwittingly 14 A. There may be or there may not be. If 14 misleading as to the way you asked the 15 it's overseas, obviously you have to 15 question. The 2001 budget would have 16 have access to death records. It can't 16 been submitted to Mr. Foresman. 17 be prohibited by law or anything of that 17 Q. Right. Because he was here until 18 sort. 18 February or so? 19 Q. Do you know when it became Monsanto's 19 A. That's correct. 20 practice to perform epidemiological 20 Q. But normally up until this recent job 21 studies at its sites? 21 function change it would have gone to 22 A. No, ma'am. 1 don't. 22 his direct supervisor, which was 23 Q. Is there in fact a company-wide medical 23 Mr. Foresman and Mr. Smith? Page 190 Page 192 1 surveillance program for Solutia for all 1 A. That's correct. 2 of its sites? 1 know that's a separate 2 Q. Now will it be Mr. Branchfield's 3 type of thing than the epi studies. 3 responsibility to submit those directly 4 A. There are medical surveillance programs 4 to you, the budgets? 5 of various sorts. And this is not my 5 A. That's also correct. And in assembling 6 immediate field of expertise. If 1 wish 6 that then 1 will bring the Anniston 7 to know more, 1 would ask what the 7 piece and Steve and 1 will work together 8 remaining M.D. -- or 1 would ask one of 8 to assemble the total budget. 9 the industrial hygienist. 9 Q. Okay. What exactly is Steve going to be 10 But there are certain chemicals 10 left with in terms -- I'm sorry; 11 which 1 know we manufacture for which we 11 Mr. Smith -- be left with in terms of 12 are required by law to conduct medical 12 responsibility for the Anniston 13 surveillance. 1 understand, although 1 13 remediation projects? He said 14 don't have personal knowledge of this, 14 administrative functions. Is that your 15 that there are other chemicals for which 15 understanding? 16 over the years we have conducted medical 16 A. That is our agreement. 17 surveillance. 17 Q. What does that mean? What 18 Q. All right. Do you know to what level 18 administrative functions would Mr. Smith 19 the Oxford ball field has been cleaned? 19 have? 20 A. To the concentration level? Or how do 20 A. He will concern himself with -- 21 you define level? 21 obviously with input from me, with 22 Q. Correct. 22 Mr. Branchfield's and Mr. Hopper's 23 A. No. 1 don't know what concentration 23 annual performance reviews, setting Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 189-192 HARTOLDMONOO11505 Page 193 Page 195 1 their goals for the following year, 1 involved in other than Kearny, Everett, 2 nominating their salary, nominating 2 and Anniston? 3 their incentive compensation, if 3 First I'd just like a list, and 4 applicable, and the like. 4 then I'll get into detail. 5 Q. But, you know -- All right. 1 don't 5 A. I'm not going to be very helpful to you, 6 need to ask that. Do you know Jo 6 I'm afraid, because 1 would ask Steve 7 Hanson? 7 that question. 8 A. Yes, 1 do. Actually 1 know two Joe 8 Q. 1 asked Steve that question, but 1 want 9 Hansons. 9 to ask you that question because he 10 Q. Did you know the female Jo Hanson that 10 didn't have much of an answer. 11 lives in Sarasota, Florida that used to 11 A. 1 don't think 1 have much of an answer 12 work in our remediation group with 12 either. This is the one that comes most 13 Mr. Foresman? 13 to mind. 14 A. Yes. And her husband, Joe Hanson, who 14 Q. This meaning Anniston? 15 presumably lives in Sarasota, Florida as 15 A. Yes. 16 well. 16 Q. Let me do this then. We were provided 17 Q. 1 didn't know she married Joe. Okay. 17 with a list by Solutia's lawyers of 18 Did you ever work with her? 18 various sites; I'm just going to go 19 A. Yes, 1 did. 19 through it with you. 20 Q. In what capacity? 20 A. Please. 21 A. We were both members at one time or 21 Q. If you have information, great, if you 22 another of the corporate engineering 22 don't, you know, I'm going to ask you 23 department. You may recall when you 23 who does. And we'll just go through it Page 194 Page 196 1 asked for my employment history 1 1 and see what we know. 2 remarked that 1 had spent one or two 2 A. I'll, of course, do my best. 3 years, depending on how you counted the 3 Q. Okay. Let's start with the Delaware 4 stint in Washington University in the 4 River plant, which 1 think you did 5 engineering department. And Jo was a 5 mention for some other reason? 6 member of that department. She 6 A. Yes. 1 served at the Delaware River 7 subsequently did some work on my behalf 7 plant, although there was no remediation 8 at Queeny plant. 8 going on there at that time. 9 Q. I'd like to talk with you specifically 9 Q. And you were there when again? 10 about -- We touched on this a little 10 A. 1 was there from 1975 through 1978. 11 bit, but 1 need to get into a little 11 Q. Okay. Here's what 1 know from what the 12 more detail. 1 want to talk about every 12 lawyers for Solutia have told us. 13 single PCB cleanup project that Solutia 13 Apparently there was what's called a 14 is presently involved in or has been 14 past disposal area one, which consisted 15 involved in. And we touched on the New 15 of an approximate three point five acre 16 Jersey plant. I'm blanking on the name 16 landfill that was used from 1962 until 17 of -- it was the one we talked about in 17 1970. Are you familiar with that area? 18 detail earlier? 18 A. lam. In passing. Thank you for 19 A. Kearny. 19 jogging my memory. I'd frankly 20 Q. Kearny. Then we also talked a little 20 forgotten. Yes. A little bit. 21 bit about Everett, Massachusetts. Okay. 21 Q. And we were also told that that area, 22 Are you familiar with any other 22 which I'm going to call PDA One, was 23 PCB cleanup work that Solutia has been 23 used for the disposal of various organic Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 193-196 HARTOLDMONOO11506 Page 197 Page 199 1 materials, including PCBs. And what I'm 1 A. Not to my knowledge. 2 trying to figure out is do you know what 2 Q. Do you know if the PCBs that went into 3 the source was of those PCBs at the 3 that landfill were solid or liquid? 4 Delaware River plant? 4 A. No. 1 don't know that. 5 A. Not personally, no. 5 Q. Do you know what concentration level of 6 Q. Do you have any, you know, understanding 6 PCBs was in that landfill? 7 of what could possibly have been the 7 A. No. I'm sorry, 1 don't. 8 source of the PCBs that went into that 8 Q. Do you know if that landfill was lined 9 disposal area? 9 or unlined when the PCBs were deposited? 10 A. 1 have a reasonable engineering 10 A. 1 can infer that it must not have been 11 understanding of what it might have 11 lined because it was subsequently walled 12 been, yes. 12 off and a cap put on it. And 1 learned 13 Q. What is that engineering understanding, 13 that during a recent visit pursuant to 14 reasonable engineering understanding? 14 other duties. 15 A. PCBs were commonly used, amongst other 15 Q. What is your understanding of the type 16 purposes, for heat transfer fluid. 16 of cap that's now in place on that 17 During my time at the Delaware River 17 landfill? 18 plant we had several units that employed 18 A. It's a variety of clay, as 1 understand 19 heat transfer fluid. It's not 19 it. There may be a synthetic liner 20 unreasonable to think that the two might 20 also. 1 don't know. 21 tie together. 21 Q. According to what the lawyers told us, 22 Q. Do you have any knowledge as to how -- 22 there was a final cap consisting of 23 the quantity of PCBs that were disposed 23 geocomposite clay that was placed over Page 198 Page 200 1 of at that landfill at Delaware River? 1 that area in 1994. Does that -- 2 A. No, I'm sorry. 1 don't. 2 A. That's a sort of clay, isn't it? 3 Q. Well, you should know this because you 3 Q. Okay. So is that the same thing as a 4 worked there. Is that plant located 4 high-density polyurethane cap, or is 5 near a residential neighborhood? 5 that different? 6 A. No. Well, near, please tell me. It's 6 A. It might be different; it might be 7 not adjacent to it. 7 similar. Obviously if one speaks only 8 Q. What is the closest residential 8 of high-density polyurethane, you didn't 9 neighborhood to it? 9 include the term clay. But you used a 10 A. Several miles, I'm quite sure. And, 10 different term here in describing this 11 again, neighborhood's a relative term. 11 cap as a composite clay. And 1 don't 12 They were scattered farmhouses. There's 12 know what else might be in the 13 a farmhouse across the street. 13 composite. 14 Q. Okay. And what was primarily 14 Q. Okay. And I'm just trying to figure out 15 manufactured at the plant during that 15 if the cap that is in place in Delaware 16 '62 to '70 time frame? Do you know? 16 is similar to the high-density 17 A. Yes, 1 do, because the product mix had 17 polyurethane cap that's part of the 18 not changed very much by the time 1 got 18 Anniston landfill. 19 there. We manufactured several 19 A. 1 don't know. If 1 had the 20 different plasticizers or plasticizer 20 specifications in front of me, 21 components, or additives. 21 presumably my professional engineer's 22 Q. Do you know if PCBs were ever 22 license says 1 can read a document and 23 incinerated at the Delaware River plant? 23 tell you. But if I'm lacking data, I'm Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 197 - 200 HARTOLDMONOO11507 Page 201 Page 203 1 awfully sorry. 1 THE WITNESS: I'm sorry? 2 Q. Okay. There also apparently was some 2 MR. KELLY: Just objected to the 3 hydrologic investigations of the 3 form. 4 groundwater that had been impacted by 4 A. Understanding that it's a guess, my 5 the PCBs and other constituents, and 5 former supervisor at Delaware River was 6 there was a groundwater treatment remed) 6 there for many, many years until his 7 implemented. Do you have any details 7 recent retirement in various roles 8 about that? 8 relating to the environmental field. If 9 A. Yes. 1 was given a tour, since 1 had 9 he didn't discover it, he would have 10 worked there, by my former boss some 10 certainly had knowledge, simply because 11 years ago. And my understanding, which 11 it was during his tenure. 12 is just to go a bit further than what 1 12 Q. (By Ms. Malow) Do you know of any other 13 said a moment ago in response to your 13 company that was involved in the cleanup 14 earlier question, is there is this 14 of the Delaware River plant? 15 containment area, and there are a number 15 A. Not specifically. I'm sure a consultant 16 of monitoring -- monitoring wells are 16 was employed to help us, but 1 don't 17 the wrong term. There are monitoring 17 know what - 18 wells, but there also are extraction 18 Q. And my question was poor because what 1 19 wells or points or whatever the correct 19 was looking at is was there any other 20 term a hydrogeologist would use. And 20 PRP or any other company that had some 21 the basic concept is one pulls water out 21 responsibility, or was it solely 22 from inside the containment area so that 22 Solutia's baby? 23 any groundwater migrates into instead of 23 A. 1 believe it was solely ours. Page 202 Page 204 1 out of. And then that water that is 1 Q. Do you know what the total cost of 2 pulled out is treated. 2 remediation has been for that cleanup of 3 Q. Is it treated on site, or at an off-site 3 the PCBs in the landfill? 4 treatment facility? 4 A. No, 1 don't. 5 A. 1 was shown at that time an on-site 5 Q. Do you know if there have been any tests 6 treatment facility. 6 to determine if PCBs have migrated off 7 Q. Okay. Do you know what prompted that 7 site into the neighborhood at the 8 cleanup of the landfill? 8 Delaware River plant? 9 A. Not specifically, no. I'm sorry. 9 A. No, 1 don't. 10 Q. Do you have any general understanding of 10 Q. Do you know of any remediation done of 11 what prompted that? 11 the residential neighborhood? 12 A. No, 1 don't. 12 A. There is no residential neighbor nearby. 13 Q. Do you know who it is that discovered 13 Q. Okay. Do you know of any bodies of 14 that the groundwater was impacted with 14 water near the Delaware River plant were 15 PCBs? 15 impacted by PCBs? 16 MR. KELLY: Object to the form and 16 A. 1 am sure, from being a Philadelphia 17 the assumption. 17 resident and having read the newspapers, 18 A. 1 don't know that. 1 mean 1 could 18 that the Delaware River plant discharged 19 guess, but it would be purely a guess. 19 waste but not PCBs during my tenure. 20 Q. (By Ms. Malow) What is your guess, 20 I'm also sure that the Delaware River is 21 understanding that it's a guess? 21 impacted by PCBs but not necessarily by 22 A. Understanding -- 22 the Delaware River plant. There are 23 MR. KELLY: Object to the form. 23 lots of industries and other discharges Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 201 - 204 HARTOLDMONOO11508 Page 205 Page 207 1 up and down the entire length of the 1 the answer to that for Trenton, correct? 2 river. 2 A. I'm sorry. 1 wouldn't. 3 Q. Okay. Do you know if there's a fish 3 Q. All right. Let's then go to the 4 advisory in the place near the Delaware 4 Pensacola plant in Pensacola, Florida. 5 River plant? 5 Have you been to that facility? 6 A. 1 was recently there in Philadelphia for 6 A. Yes. Years ago. 7 an engagement party. And 1 stood on the 7 Q. Have you pretty much been to all the 8 pier and watched people fishing from the 8 facilities at some point? 9 river, and they certainly seemed like 9 A. No, 1 haven't. 10 people who weren't doing it 10 Q. All right. Let's talk about Pensacola. 11 surreptitiously. 11 Were you aware that there was a surface 12 Q. Okay. Let's now move to the Trenton 12 impoundment area, or also called the 13 plant in Trenton, Michigan. Do you have 13 feed pond, that had some sludge and 14 any knowledge of any PCBs that were in 14 liner soils that were impacted with 15 the soil at that Trenton plant? 15 PCBs? 16 A. No, 1 don't. 16 A. In the way in which you phrased your 17 Q. We have been told by the attorneys 17 question, no, 1 wasn't. Had 1 asked 18 representing Solutia that apparently the 18 about PCBs, 1 would have known about the 19 Trenton plant removed approximately 19 existence of the feed pond. 20 forty cubic yards of PCB impacted soil 20 Q. But you don't know of any contamination 21 and disposed of those soils at the 21 of PCBs in that surface impoundment or 22 chemical waste management facility at 22 feed pond? 23 Emelle, Alabama. You have no knowledge 23 A. No, ma'am. Sorry. Page 206 Page 208 1 of that? 1 Q. You just knew that there was a feed pond 2 A. No. Do you know what year it might have 2 there? 3 been? 3 A. 1 know that there was a feed pond, and 1 4 Q. 1 don't have a year. That's one of the 4 know that the feed pond is either in the 5 things 1 was going to ask you. 5 process of being closed or is closed. 6 A. No. 1 may have well been there doing 6 I'm not certain which. 7 product stewardship or other work during 7 Q. Do you know anything about the -- 8 that period. 8 Solutia's construction of an on-site 9 Q. Do you know who within Solutia would 9 TOSCA landfill for the disposal of 10 have the most knowledge about that 10 materials removed from that feed pond? 11 remediation work? 11 A. No, 1 don't. 12 A. Without the year, no, I'm sorry 1 don't. 12 Q. No details, 1 guess then, about specific 13 Q. Have you ever been to the Trenton plant? 13 PCB waste deposited there, levels, or 14 A. Yes. 14 things of that nature? 15 Q. Is that located near a residential 15 A. No. But 1 know all about Kearny. 16 neighborhood? 16 Q. 1 know. But we already talked about 17 A. No. 1 think it's chiefly industry 17 Kearny. 18 there. 18 A. Sorry. 19 Q. Do you know of any PCBs that were ever 19 Q. Unless you want to tell me some more 20 disposed of at the Trenton plant? 20 about Kearny. 21 A. No, 1 don't. 21 A. No. 1 have told you what you asked. 22 Q. So if 1 ask you specific questions about 22 Q. Then let's move on to the Queeny plant, 23 PCB levels or capping, you wouldn't know 23 which you may have some more knowledge Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 205 - 208 HARTOLDMONOO11509 Page 209 Page 211 1 about, because 1 know you worked there 1 THE WITNESS: M-A-L-E-l-C. 2 at one point. Apparently, according to 2 Anhydride, A-N-H-Y-D-R-l-D-E. 3 Solutia's attorneys, the Queeny plant 3 A. We manufactured toluene sulfanile 4 disposed of approximately forty cubic 4 chloride. Various -- yeah. During part 5 yards of PCB contaminated soils 5 of the time 1 was there we manufactured 6 generated during the replacement of some 6 benzoic acid. 1 suppose we could go on, 7 railroad tracks. Did you know that? 7 but 1 don't remember -- 8 A. No, 1 didn't. Do you know when it took 8 Q. Okay. 1 want to skip now to the Everett 9 place? 9 plant, which we did talk about before 10 Q. Do not. That was one of my questions 10 but 1 didn't ask you the kind of detail 11 for you. 11 1 want to ask you now. 12 A. I'm sorry. 1 was there for a period -- 12 We were informed by Solutia's 13 Q. So you have no knowledge of any PCBs 13 attorneys that there were three areas of 14 that were disposed of at the Queeny 14 the Everett facility that have undergone 15 facility? 15 remedial activities associated with 16 A. No. You may recall my tenure there was 16 PCBs. The first area is the Therminol 17 from 1980 through nominally November of 17 furnace area, which consisted of a small 18 '84 however. 18 furnace where PCB-containing heat 19 Q. Right. But 1 have no idea when this 19 exchange fluids were used in the past. 20 happened. Okay. Is that plant located 20 Do you know about that? 21 near a residential neighborhood? 21 A. No. 1 remarked earlier that when 1 22 A. Depending on how you choose to define 22 became acquainted with the Everett -- 23 near. 23 Well, that's not perfectly true. 1 had Page 210 Page 212 1 Q. How close is the nearest resident? 1 been to Everett for business team 2 A. Golly. Four or five blocks, 1 would 2 meetings during my product stewardship 3 think, from the nearest portion of the 3 duties. But 1 doubt 1 set foot outside 4 plant. 4 the door of the conference room in 5 Q. 1 call that near. Do you? 5 pursuit of those duties. 6 A. Well, 1 used to be able to run it; it 6 But when 1 became aware of 7 doubt 1 could anymore. 7 manufacturing-related issues and 8 Q. What was manufactured at the Queeny 8 remediation issues at Everett, circa 9 plant when you were working there? 9 '91, any PCBs were already contained. 1 10 A. Oh, my. When 1 worked at the Queeny 10 remarked that my duties changed in '94. 11 plant there were some 1400 people 11 The remediation that was conducted 12 employed. It's a fairly exhaustive list 12 beginning in '91-92 time frame was not 13 of products. I'm sure I'll be 13 yet complete. 14 incomplete. 14 Q. So let me go back and make sure 1 have 15 Q. That's okay. Just give me sort of the 15 got a clear answer. Do you have any 16 major ones. 16 knowledge about the Therminol furnace 17 A. We manufactured salicylic acid in 17 area where PCB-containing heat exchanged 18 aspirin. We manufactured maleic 18 fluids were used? 19 anhydride. 19 A. No. Unless you wish to show me 20 THE WITNESS: I'm sorry. Do you 20 documentation that says they are one in 21 wish me to spell it? 21 the same as 1 identified earlier. 22 THE REPORTER: Maleic, spell that 22 Q. Well, apparently according to the 23 one. 23 information we received from your Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 209 - 212 HARTOLDMONOO11510 Page 213 Page 215 1 counsel, it says that that area was 1 PCBs were found was called the storm 2 closed in 1987 by razing the building, 2 water lagoon area. Do you know that 3 removing the foundation and subsurface 3 area? 4 utilities, constructing a soil bentonite 4 A. No, 1 don't. 5 slurry wall and capping the area with a 5 Q. Apparently it was closed by the removal 6 multi-layer cap. Are you familiar with 6 and off-site disposal of lagoon sludges, 7 any of that remediation work? 7 the removal and off-site disposal of PCB 8 A. I'm not familiar with the remediation 8 impacted surface soils, placement of 9 work, but from your description, it 9 backfill material, and the installation 10 sounds like one in the same area, as 1 10 of a cap over the area. Are you 11 was describing earlier. 11 familiar with any of that remediation 12 Q. So let me ask you: Do you have any 12 work? 13 knowledge as to the quantity of 13 A. No. I'm not aware. 14 PCB-containing heat exchanged fluids 14 Q. So 1 guess you wouldn't know any details 15 used in that Therminol furnace area? 15 about the quantity of PCBs in that area 16 A. No, 1 don't. 16 or things of that nature? 17 Q. Do you know why the area was closed in 17 A. That's correct. 18 '87? 18 Q. Do you know when that area was closed? 19 A. Why the Therminol furnace was closed? 19 A. No, 1 don't. 20 No, 1 don't. 20 Q. Why it was closed? 21 Q. Do you know why it was necessary to raze 21 A. No. 22 the building, remove the foundation and 22 Q. Next area of the Everett plant that was 23 subsurface utilities of that Therminol 23 identified for us by your counsel was Page 214 Page 216 1 furnace area? 1 what's called the 409 building area. Do 2 A. No. I'm sorry, 1 don't. 2 you know that area? 3 Q. Do you know the cost to do those things? 3 A. No, 1 don't. I'm sorry, ma'am. 4 A. No, 1 don't. 4 Q. It says we were told it was closed by 5 Q. Do you know why a soil bentonite slurry 5 razing the building, removal, off-site. 6 wall was constructed? 6 disposal of PCB impacted sludge and 7 A. From an engineering standpoint, to 7 installation of a cap over the area. 8 contain whatever was within it. 8 Are you familiar with any of that 9 Q. And so that would be the purpose of it, 9 remediation work? 10 containment? 10 A. No, ma'am. 11 A. That would be normally the purpose, yes. 11 Q. So you wouldn't be familiar with any of 12 Q. Do you know why the area was capped with 12 the other details about that? 13 a multi-layer cap? 13 A. That's correct. 14 A. Containment. 14 Q. Do you know of any PCBs that were ever 15 Q. Do you know what type of cap it was? 15 incinerated at the Everett plant? 16 A. No, 1 don't. 16 A. I'm not aware of any. 17 Q. Do you know the cost to build the soil 17 Q. Do you know how those PCBs were 18 or bentonite slurry wall? 18 discovered in those areas? 19 A. No, 1 don't. 19 A. No, ma'am. 20 Q. Do you know the cost to cap it? 20 Q. All right. Kearny we talked about? 21 A. No, 1 don't. 21 A. Yes, ma'am. 22 Q. All right. The next area that was 22 Q. Let me just make sure 1 covered 23 identified at the Everett plant where 23 everything 1 have here. According to Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 213-216 HARTOLDMONOO11511 Page 217 Page 219 1 what your lawyers told us, there were 1 and remove it? 2 three areas on the plant property that 2 MR. KELLY: Object to form. 3 were identified for remedial action for 3 A. Not necessarily so. 4 presence of PCBs. Surface and 4 Q. (By Ms. Malow) Why not? 5 subsurface soils were removed and the 5 A. Because there are other things that 6 areas were covered with an asphalt cap. 6 would work just as satisfactorily and 7 1 think that's sort of what we 7 would be as equally as permanent and 8 talked about before. 8 better for the world as a whole. 9 A. That is in essence what 1 said before. 9 Q. If the PCB contaminated soil is 10 The asphalt cap, if you recall from what 10 physically removed from a site, does 11 1 said before, covered a greater area 11 that one hundred percent eliminate any 12 than simply those three hot spots that 12 risk of off-gassing? 13 were -- 13 MR. KELLY: Object to the form. 14 Q. Okay. So when you talked about hot 14 A. It might, depending on what your 15 spots, that's the same as the three 15 definition of "all" is. So might other 16 areas referenced in the letter we got 16 means. PCBs -- You said off-gassing. 1 17 from the lawyers -- 17 would challenge that term from my 18 A. Exactly so. 18 knowledge of organic chemistry. Not 19 Q. And my question, which 1 don't think 1 19 specific to PCBs. But physical 20 asked earlier, is why wasn't that 20 constants apply to all materials. 21 PCP-contaminated soil sent off site? 21 Q. (By Ms. Malow) Well, is it your opinion 22 A. The portion that was capped? 22 that PCBs cannot volatilize? 23 Q. Yes. Why was it capped in place rather 23 A. 1 would say that PCBs would have a very, Page 218 Page 220 1 than removing it and sending it to a 1 very low vapor pressure. Everything can 2 place like Emelle? 2 volatilize, including us. 3 A. Because, a more rational solution. 3 Q. Do PCBs in fact volatilize? 4 Q. Why is it a more rational solution? 4 A. By definition, we volatilize; PCBs 5 A. Given the intended reuse of the site, 5 volatilize, but very low levels by 6 and given the immobility of the PCBs in 6 comparison to other materials. 7 the soil, we contained it. We saved 7 Q. And again, you told me earlier you 8 space in somebody's cell at Emelle for 8 haven't even seen the air monitoring 9 someone who couldn't contain it, and we 9 data done by Solutia, EPA, or the 10 put the site into beneficial re-use more 10 plaintiffs' experts in this case, right? 11 rapidly. 11 A. That's correct. And 1 remarked several 12 Q. If cost were not a factor, is the most 12 things with that regard. 1 remarked 13 permanent solution to eliminating PCB 13 that my present comment was based on the 14 contaminated soils to actually 14 physical properties of the various 15 physically remove it? 15 materials and immutable laws of nature. 16 MR. KELLY: Object to the form. 16 And 1 also remarked that 1 would want to 17 A. Very bad question to ask an engineer 17 see the quality control methods of 18 because everything is always a 18 analysis - 19 consideration. 19 Q. Sure. Do you know if PCBs were ever 20 Q. (By Ms. Malow) I'm saying let's take -- 20 incinerated at the Kearny plant? 21 Let's say money is no object. Is the 21 A. Not to my knowledge. 22 most permanent solution to eliminate PCB 22 Q. Do you know when those three hot spots 23 contamination to physically dig it up 23 were identified, what year? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 217 - 220 HARTOLDMONOO11512 Page 221 Page 223 1 A. Identified, delineated. They were 1 Sauget, Illinois. Are you familiar with 2 delineated circa '92-93. 1 would have 2 the remediation work that has been done 3 to presume that there were some reason 3 at the Krummrich plant for PCB 4 to delineate those particular areas. 4 contaminate soils and sediments? 5 And 1 would say that they were first 5 A. 1 have been becoming familiar with the 6 identified the day the holes were dug 6 overall Krummrich and Sauget project 7 and the materials put in them. Not to 7 since March. The visit to Anniston came 8 be coy, but we knew where the holes 8 first. 9 were. 9 Q. Is that now part -- part of your 10 Q. What prompted that cleanup of those hot 10 responsibility as director of 11 spots. 1 may have asked that earlier. 11 environmental safety and health? 12 1 can't remember if 1 did or not. 12 A. Yes, ma'am. It is. 13 A. 1 believe you did. And 1 began to go 13 Q. Who is the point person for Krummrich? 14 briefly into the New Jersey law in that 14 A. There are actually three. And we have a 15 regard. 15 coordinating group of which 1 am part. 16 Q. Okay. 16 Q. Who are the three? 17 A. Since there was no migration, our 17 A. Steve Smith, whom you have met, Mike 18 behavior might or might not have been 18 Light, and Alan Faust. 19 different. 19 Q. And Mr. Faust used to be in Anniston? 20 Q. Do you remember if the PCBs in those 20 A. That's also correct. 21 areas were solid or liquid? 21 Q. And what is Mr. Smith's role? 22 A. When we removed the soil from those 22 A. Steve is serving two roles. Mr. Light 23 holes, we were able to separate water 23 reports to Mr. Smith, both Page 222 Page 224 1 and analyze water for PCBs. So there 1 administratively and functionally for 2 may have been some solid PCBs, but PCBs 2 these purposes. And Steve is also 3 of which I'm aware were in the water at 3 handling directly one of the two Sauget 4 low levels and decanted off. And 1 4 areas. 5 presume there were some PCBs left 5 Q. Area two? 6 adhering to the soil. But the soil 6 A. That's correct. 7 analysis was well below levels for 7 Q. 1 got a lot of detail from Mr. Smith 8 permissible disposal. 8 yesterday, so 1 probably won't ask you 9 Q. What was the total cost of the 9 very much about this, but 1 just want to 10 remediation at the Kearny plant for 10 get sort of what your involvement is now 11 those hot spots? 11 with respect to Krummrich. What role do 12 A. 1 can't tell you specific to those hot 12 you have? 13 spots. 1 have an approximate number for 13 A. Is there a question? 14 the entire remediation. 14 Q. Yeah. What role do you have? 15 Q. What was that? 15 A. I'm Steve's boss. 16 A. The entire remediation was something 16 Q. So are you just being informed as to the 17 approaching 5 million dollars. 17 activities at Krummrich, or are you 18 Q. Are the measures that are in place at 18 actually going out there for status 19 Kearny final measures? 19 meetings? Or what are you doing? 20 A. Yes. There is a no-further-action 20 A. 1 am participating in status meetings of 21 letter from the Department of 21 various sorts, but I'm generally not 22 Environmental Protection pursuant -- 22 participating in detailed meetings. So 23 Q. Let's now go to the Krummrich plant in 23 you might -- Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 221 - 224 HARTOLDMONOO11513 Page 225 Page 227 1 Q. How many times have you been there? 1 with the budget for the Anniston 2 Since you got this new position? 2 remedial projects? Which one has more 3 A. Twice. 3 money budgeted? 4 Q. When? 4 A. 1 don't know. I'd have to refer to the 5 A. 1 don't recall. 5 documents. 6 Q. Both in the last few months? 6 Q. Do you know if they are comparable? 7 A. Certainly since March. 7 A. 1 don't know. My normal mode would be 8 Q. Okay. And what were the purposes of 8 to look at the document. 9 those two times? 9 Q. Okay. Have you been involved in any 10 A. In the first instance --1 have been 10 Superfund projects where you had direct 11 there three times. Forgive me. 11 responsibility for the cleanup on 12 In the first instance 1 was 12 Solutia's behalf? 13 becoming acquainted with the project. 13 A. Superfund? No. 14 Q. Sort of an orientation again? 14 Q. So you have no Superfund sites that you 15 A. Exactly so. We looked at drawings and 15 have ever worked on for CERCLA? 16 photos in our own offices, elsewhere, 16 A. Not CERCLA sites. 17 nearby and then physically did the same 17 Q. How about for Monsanto? 18 sort of tour. Because as 1 explained 18 A. Not CERCLA sites. 19 earlier, it helps, or at least it helps 19 Q. Okay. Your group that you're 20 in an engineer's mind. 20 responsible for that Mr. Smith is the 21 In a subsequent instance 1 21 leader of does have that involvement, 22 reviewed the plant sewer improvement 22 correct? 23 strategy. And in a more recent instance 23 A. Yes, ma'am. Page 226 Page 228 1 we took my boss, Jerry Hayden, for the 1 Q. But you're saying that you just haven't 2 same purpose. This is my initial visit. 2 directly worked on those; you just have 3 Q. Has Mr. Hayden ever been to the Anniston 3 oversight for those? 4 site? 4 A. That's correct. 1 explained that 1 had 5 A. Not to my knowledge. But he may have 5 conducted several remediations but none 6 done it. 6 of them were under the auspices of U.S. 7 Q. Are there any plans that you know of for 7 CERCLA. 8 him to go over there? 8 MS. MALOW: All right. 1 need to 9 A. Not presently. 9 take a short break. 10 Q. Why not? 10 [A break was taken.] 11 A. Why? 11 MS. MALOW: Back on the record. 12 Q. Why did he go to Krummrich? 12 Q. (By Ms. Malow) Mr. Felder, 1 want go to 13 A. We were explaining the Krummrich project 13 back and talk with you more specifically 14 to him. Krummrich is a lot closer. 1 14 about the Anniston site. And, you know, 15 suspect, but 1 have not made such a 15 if you don't have the information, 16 plan, that at some future date I'll take 16 that's fine. 1 just sort of want to 17 him to Anniston with me or Steve -- not 17 explore the extent of your knowledge for 18 Steve any longer -- that I'll take him 18 certain areas, like groundwater, surface 19 to Anniston with me, but 1 haven't made 19 water, things of that nature. Are you 20 such a specific plan. There is no date 20 familiar with the geology and the area 21 assigned or anything of that sort. 21 around the Anniston plant site? 22 Q. How does the budget for the remedial 22 A. No. Steve covered it in brief during my 23 projects at the Krummrich plant compare 23 first visit but not in detail. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 225 - 228 HARTOLDMONOO11514 Page 229 Page 231 1 Q. Are you aware of any dye tests that have 1 wells at the Anniston site? 2 been performed by Solutia at the 2 A. No, 1 don't. 3 Anniston site? 3 Q. Do you know the total number of 4 A. 1 was told that there has been such 4 monitoring wells at that site? 5 tests, 1 believe, but I'm not certain. 5 A. No. But again, I'm sure all those 6 Q. Do you know what year those were 6 things are reflected in the as-built 7 performed? 7 drawings. 8 A. No, ma'am, 1 don't. 1 may be confusing 8 Q. Solutia does in fact monitor for PCBs in 9 it with proposals or something of that 9 the groundwater at Anniston, correct? 10 sort also. 10 MR. KELLY: Object to the form. 11 Q. Do you know if the area has course 11 Q. (By Ms. Malow) Do you know? 12 terrain? 12 A. 1 don't know. 13 A. My difficulty is 1 have heard that term 13 Q. Okay. Do you know when the groundwater 14 in context with other things as well. 14 monitoring program was implemented at 15 So 1 can't separate the two. 15 the Anniston site? 16 Q. Are you familiar with a pipe located 16 A. No, 1 don't. 17 adjacent to the Solutia Anniston 17 Q. Do you know who designed the protocol 18 facility where there has been lead, 18 for that groundwater monitoring program 19 arsenic, and mercury detected? 19 in Anniston? 20 A. 1 seem to recall reading an e-mail 20 A. No, 1 don't. And if 1 wished to know 21 recently of some sort of pipe, but if 21 those things, if 1 had to know it myself 22 it's the same issue, it was determined 22 as opposed to relying on others, 1 could 23 that the pipe didn't reach our property. 23 read the documents. But 1 have not seen Page 230 Page 232 1 Q. Do you know what the source is of those 1 the documents. 2 contaminants? 2 Q. Do you know how often the groundwater is 3 A. No, 1 don't, nor am 1 sure it's the same 3 sampled at the Anniston facility? 4 issue. 4 A. No, 1 don't. 5 Q. Are you familiar with the hydrology at 5 Q. Have PCBs been detected in the 6 the Anniston plant? 6 groundwater sampling of the monitoring 7 A. No. That's not my specialty. 7 wells at the Anniston site? 8 Q. Do you agree that you would need to know 8 A. 1 don't recall. 9 the hydrology to determine where to 9 Q. Assume with me that they have. Do you 10 place the monitoring wells? 10 have any understanding as to how the 11 A. 1 agree that the people placing the 11 PCBs got into the groundwater? 12 monitoring wells would certainly need to 12 MR. KELLY: Object to the form. 13 know, yes. 13 A. No. It would be purely speculative on 14 Q. Right. 1 meant as a concept? 14 my part. 1 don't know the history of 15 A. Yes, ma'am. 15 the site. 16 Q. It would be a good thing to know the 16 Q. (By Ms. Malow) Do you know the source 17 hydrology before you install monitoring 17 of PCBs in the groundwater sampling? 18 wells, correct? 18 MR. KELLY: Object to the form and 19 A. Correct. I'm quite sure that they would 19 the assumption. 20 do unless they were ordered to put them 20 A. 1 don't know that there are PCBs in the 21 in a particular place in spite of the 21 groundwater. 22 hydrology. 22 Q. (By Ms. Malow) Assuming that there are, 23 Q. Do you know the depth of the monitoring 23 do you know the source? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 229 - 232 HARTOLDMONOO11515 Page 233 Page 235 1 A. No, 1 don't. 1 is not completely capturing the 2 MR. KELLY: Object to form. 2 groundwater leaving the Anniston 3 A. No. 3 property? 4 Q. (By Ms. Malow) Have you -- By you 1 4 A. I'm not aware. 5 mean Solutia. Has Solutia performed any 5 Q. Do you know if there's any relationship 6 aqueous phase PCB testing? 6 between the groundwater flow from the 7 A. 1 don't know. 7 Solutia property and the Jacksonville 8 Q. Have you been informed about any aqueous 8 Fault? 9 phase testing performed by the 9 A. 1 don't know. 10 plaintiffs' experts in this case? 10 Q. Do you know if EPA is concerned about 11 A. No. 1 have not been told. 11 such a relationship? 12 Q. Do you know if PCBs have been found in 12 A. 1 don't know. 13 two of deep wells that are not part of 13 Q. Assume that there is such a 14 the on-site groundwater action systems? 14 relationship, would that have a 15 A. No. 1 don't know that. 15 potential effect of groundwater flow 16 Q. Is it a conventional technique to filter 16 from the Anniston plant on the 17 groundwater samples for PCB analysis? 17 Jacksonville Fault? 18 A. 1 beg your pardon? 18 MR. KELLY: Object to the form. 19 Q. Is it a conventional technique to filter 19 No foundation, assumption. 20 groundwater samples for PCB analysis? 20 A. I'm not a hydrogeology expert. That 21 A. 1 have not conducted PCC - excuse me - 21 would be a question better put to one of 22 PCB sampling before. And 1 would refer 22 the others listed as such. 23 you to the experts in that particular 23 Q. (By Ms. Malow) All right. Do you think Page 234 Page 236 1 area. 1 the monitoring wells at the Anniston 2 Q. Does ADEM accept results from filtered 2 site are in the correct position to 3 groundwater result samples? 3 effectively monitor the groundwater 4 A. 1 recall a discussion during the course 4 quality? 5 of the April or May meeting when that 5 MR. KELLY: Object to the form. 6 very point -- and apparently there was 6 A. 1 don't know. But let me be clear. 7 some dispute as to the size of the 7 Just as 1 presume you're not an expert 8 filter that might be employed. And the 8 in every discipline of law, I'm not an 9 issue, of course, is PCBs are more 9 expert in every issue of ESH. So the 10 commonly found on soil than in 10 question is have 1 hired competent 11 groundwater. So the question would be 11 people and do they assure me that it is. 12 are you sampling the soil or the water? 12 Q. (By Ms. Malow) Okay. Do you know 13 Q. Do you know how Solutia plans to resolve 13 whether or not EPA has said that the 14 that dispute? 14 monitoring wells are not in the correct 15 A. 1 don't recall. It was discussed. 15 position to effectively monitor the 16 Q. All right. Have PCBs been detected in 16 groundwater quality, specifically at the 17 any off-site monitoring wells to your 17 west end landfill? 18 knowledge? 18 A. 1 don't recall any such discussions. 19 A. 1 don't know. 19 Q. If in fact EPA has said that, then would 20 Q. Has EPA determined that the corrective 20 that indicate to you that perhaps the 21 action -- active --1 think it's action 21 experts you're relying on are maybe not 22 system -- that Solutia is employing at 22 doing their job right? 23 the Monsanto -- at the Anniston facility 23 MR. KELLY: Object to the form. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 233 - 236 HARTOLDMONOO11516 1 A. 2 3 4 5 Q. 6 7 8 A. 9 10 11 Q. 12 13 A. 14 Q. 15 16 17 18 19 20 Q. 21 22 23 Q. Page 237 No. It might also indicate that either 1 A. EPA were wrong or there was a legitimate 2 Q. difference of opinion amongst people in 3 the same skill set. 4 A. (By Ms. Malow) And does that happen 5 where your consultants disagree with 6 other consultants? 7 Q. It also happens that other consultants 8 A. or EPA's consultants disagree with one 9 Q. another. 10 Right. 1 mean, scientists disagree 11 about things all the time, don't they? 12 Yes, ma'am. 13 A. What happens when you have a situation 14 such as PCB contamination where there's 15 Q. a difference of opinion on something as 16 important as groundwater? 17 MR. KELLY: Object to the form, 18 A. speculation. 19 (By Ms. Malow) What would you do? 20 MR. KELLY: Object to the form, 21 speculation. 22 Q. (By Ms. Malow) As the director of 23 Page 239 I'm not aware of that. Is the Solutia Anniston plant the source of the PCBs in Snow Creek? 1 don't know that. There are many possible sources, as we have spoken earlier. Are you referring again to foundries? There could be any number of sources. Have you personally done any investigation to determine other sources of PCB contamination to Snow Creek besides Solutia? No. But that's not my role, nor was it previously. Is Snow Creek a source of PCB contamination to fish in Choccolocco Creek and Lake Logan Martin? It may be if sediments moved from Snow Creek to Choccolocco Creek. And that's of course part of the basis for the issues. Do you know if back in the time when PCBs were actually being manufactured at Page 238 Page 240 1 environmental safety and health? 1 the Anniston facility if there were PCBs 2 MR. KELLY: Object to the form, 2 that were actually visible with the 3 speculation. 3 naked eye in Snow Creek? 4 A. In terms of the internal consultants, 4 A. No, ma'am. 5 obviously, one would attempt to 5 Q. You have never been told that? 6 reconcile and enlist the aid of others 6 A. No. 7 who have expertise or listen for logical 7 Q. You have never seen any documents to 8 inconsistencies are all that one 8 that effect? 9 typically does to resolve any dispute. 9 A. Not as yet. 10 In the case of a dispute with the 10 Q. As we sit here today, based on the 11 agency, it's an entirely different 11 meetings that you have attended and the 12 matter. 1 suppose one in essence 12 budgets that you have seen, does Solutia 13 negotiates on the basis of science. 13 have any intention to clean up Snow 14 Q. (By Ms. Malow) Okay. Let's talk about 14 Creek? 15 surface water. To your knowledge has 15 MR. KELLY: Object to the form. 16 Solutia tested the water in Snow Creek 16 A. There's obviously discussion in the 17 and tributaries leading into Snow Creek? 17 documents to do cleanup. But cleanup 18 A. I'm not aware of that. We talked 18 has different meanings, depending on the 19 earlier about sediment sampling, if you 19 fact set. 20 recall. 20 Q. (By Ms. Malow) 1 don't see anything in 21 Q. Okay. Is it your understanding that 21 the budget that specifically addressed 22 Solutia has found PCBs in Snow Creek 22 Snow Creek. 1 did see something for 23 surface water? 23 Choccolocco Creek. Do you see anything Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 237 - 240 HARTOLDMONOO11517 Page 241 Page 243 1 in the budgets which we have marked as 1 MR. KELLY: Object to the form. 2 Exhibit Two that specifically refers to 2 A. 1 don't think it affects particularly 3 Snow Creek? 3 today's remediation, because we have 4 A. Unless 1 missed my guess, or 4 facts on the ground in terms of 5 misunderstand the history, the Quintard 5 monitoring data. And while 1 can't tell 6 Mall is on Snow Creek, and Snow Creek 6 you specifically what those results 7 runs under Quintard Mall. Didn't we say 7 were, I'm reasonably sure that Craig 8 that earlier? 8 Branchfield can, Dale Wilson, and the 9 Q. Well, but the mall itself is not the 9 others named. And 1 think that's more 10 creek. 1 mean, Snow Creek is separate 10 germane. 11 from the mall. The mall is a physical 11 Q. (By Ms. Malow) How about the people 12 structure that may run over the creek, 12 that are no longer with us that lived 13 but that's not the creek itself. 13 there during the thirty years that have 14 A. 1 was under the impression that there 14 expired? Do you think it may have been 15 were soils being associated with the 15 important to them that that had been 16 mall or adjacent to the mall in the 16 cleaned up thirty years ago? 17 creek or the culvert or whatever it 17 MR. KELLY: Object to the form; 18 actually is at that point, but 1 think 18 speculation. 19 it has the name Snow Creek. 19 A. 1 can't comment on that. 1 have no 20 Q. Well, is that the only area of Snow 20 reason to know that it affected them 21 Creek that Solutia plans to address 21 whatsoever. 22 according to its budget? 22 Q. (By Ms. Malow) Do you have any 23 A. 1 don't know. 23 understanding or explanation for why it Page 242 Page 244 1 Q. Do you see any other portion of the 1 is that Solutia and Monsanto never acted 2 budget that addresses Snow Creek other 2 on their own consultant's recommendation 3 than your reference to the mall? 3 over thirty years ago? 4 A. No. But keep in mind there will be 4 A. 1 have -- 5 another budget done for 2002. 5 MR. KELLY: Object to the form; 6 Q. And also, as 1 asked you earlier and you 6 speculation, assumption. 7 told me you have never seen it before, 7 A. Forgive me. 1 have no knowledge of 8 there had been a recommendation back in 8 that. 9 1967 by a consultant that Monsanto 9 Q. (By Ms. Malow) All right. 1 want to 10 hired, Dr. Ferguson of Mississippi 10 talk with you about the in-plant sewer 11 State, to clean up Snow Creek over 11 systems. Do you know if those were ever 12 thirty years, correct? 12 tested or analyzed in Anniston? 13 MR. KELLY: Object to the form. 13 A. 1 don't have that as yet. 14 A. You showed me that report. That's the 14 Q. Have you had any conversations with 15 first time 1 had ever seen it. 15 Dr. Kaley about the Anniston remediation 16 Q. (By Ms. Malow) Do you think that that's 16 issues? 17 important information for you to know, 17 A. Yes. 18 as the person in charge of 18 Q. Tell me about that. 1 don't want to 19 remediation -- 19 know anything where the lawyer was there 20 MR. KELLY: Object to the form. 20 during the conversation; 1 just want to 21 Q. -- whether or not a recommendation was 21 know about one-on-one discussions that 22 made over thirty years ago to clean up 22 you have had with Mr. Kaley. 23 Snow Creek? 23 A. 1 can't think of any. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 241 - 244 HARTOLDMONOO11518 Page 245 Page 247 1 Q. Every conversation that you have had 1 Alabama Department of Public Health 2 with Kaley about the Anniston 2 official? 3 remediation issues have had a lawyer 3 A. Not as yet. 4 involved as well? 4 Q. Have you about anybody with ATSDR? 5 A. Every one that 1 can recall either Tom 5 A. Not as yet. 6 Bistline or one of his colleagues was 6 Q. And the way you're answering all those, 7 there with us. 7 1 take it that you think at some point 8 Q. Okay. Have you had any conversations 8 in the future based on your role you may 9 with Dr. Kaley about PCB toxicity 9 have some of those conversations? 10 issues? 10 A. It's certainly possible. 1 can't rule 11 A. Yes. 11 it out. 12 Q. Were those also with lawyers present? 12 Q. But to this date the answer is no? 13 A. No. 13 A. That's correct. 14 Q. Tell me as best you can what you recall 14 Q. How about any local governmental 15 about any conversations you had with 15 officials in Anniston, state or -- local 16 Dr. Kaley about PCB toxicity issues? 16 government or state government for 17 A. Sometime at an unspecified date in the 17 Alabama? 18 past 1 was asked the question about it, 18 A. No. 1 have not had the pleasure as yet. 19 and 1 asked Bob if he would like 19 Q. Do you have any interaction with any of 20 handling it for me. 20 the Solutia lobbyist regarding the 21 Q. Who asked you the question? 21 Anniston site? 22 A. 1 don't recall. 22 MR. KELLY: Object to the form and 23 Q. Was it someone with the media? 23 the assumption. Page 246 Page 248 1 A. 1 don't know. I'm sorry. 1 simply 1 A. My colleague, Glenn Ruskin, is probably 2 don't recall. 2 a registered lobbyist. And we speak and 3 Q. Do you know when it happened? 3 we dine and other things. 4 A. No. But, you know, 1 asked Bob if he 4 Q. (By Ms. Malow) Have y'all spoken 5 would handle the inquiry. 5 specifically about the Anniston site? 6 Q. Is that Bob's role, to handle any PCB 6 A. Yes. 7 toxicity questions? 7 Q. What was the conversation? 8 A. It's certainly part of his role, yes, 8 A. The conversations Glenn and 1 have had 9 ma'am. 9 with respect to Anniston were to my 10 Q. Have you ever met Mark Brown of BBL? 10 memory at least almost always in Tom 11 A. 1 don't recall the name. 11 Bistline's or Karl Barnickols presence. 12 Q. Have you met Mike Price of Genesis? 12 Q. Okay. 1 think 1 already asked you about 13 A. 1 don't recall. 13 the air contamination. 1 think we have 14 Q. Have you ever had any conversations with 14 covered that. 15 any EPA official regarding the Anniston 15 Are you familiar with any testing 16 PCB issues? 16 performed by Monsanto on Snow Creek in 17 A. Not as yet. 17 the 1980s? 18 Q. Have you had any conversations about the 18 A. No, 1 am not. 19 Anniston PCB issues with any ADEM 19 Q. Are you familiar with any hog testing 20 official? 20 performed by Monsanto? 21 A. Not as yet. 21 A. 1 beg your pardon? 22 Q. Have you had any conversations about the 22 Q. Hog testing. H-O-G. 23 Anniston PCB remediation issues with any 23 A. Oh. No, I'm not. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 245 - 248 HARTOLDMONOO11519 Page 249 Page 251 1 Q. Are you aware that Monsanto actually 1 center. 2 purchased some hogs from the residents 2 Q. Do you know how it is that Solutia 3 in the Anniston area at some point in 3 characterized the ball field in terms of 4 time? 4 whether they used a griding technique or 5 A. No, I'm not. 5 a composite sampling technique? 6 Q. You have never seen any of the tissue 6 A. I'm not sure of the specifics of the 7 analyses of the hogs? 7 analytical technique, sampling technique 8 A. Not as yet. 8 in that instance. 9 Q. Okay. 9 Q. All right. Do you know why EPA has been 10 A. Did you want to ask me if 1 eat a hog? 10 overseeing the cleanup of the Oxford 11 Q. Would you eat a hog with 19,000 parts 11 ball fields rather than ADEM? 12 per million in its -- 12 A. No, 1 don't. 13 A. 1 wouldn't eat a hog at all. 13 Q. Do you know how much Solutia has spent 14 Q. For other reasons? 14 to clean up the ball fields? 15 A. That's right. 15 A. No. But I'm sure Mr. Branchfield can 16 Q. Oxford ball field. We have probably 16 tell me at a moment's notice. Maybe two 17 covered most of this. Let me just make 17 moments. 18 sure 1 don't have any questions about 18 Q. All right. Quintard Mall, do you know 19 it. 19 how much PCB contaminated material was> 20 Do you know how much of the PCB 20 removed from the mall? 21 contaminated material was taken to 21 A. No, ma'am. 1 don't. 22 Emelle? 22 Q. Do you know to what concentration level 23 A. No, 1 don't. 23 it was cleaned? Page 250 Page 252 1 Q. Do you know at what level -- PCB 1 A. No, ma'am. 2 concentration level you're required to 2 Q. Do you know how much of it was 3 transport to Emelle? 3 transported to Emelle? 4 A. No. 1 have to go look that one up. 4 A. No, ma'am. 5 There obviously are stipulated levels 5 Q. Do you know how much Solutia paid to 6 under TOSCA. I'm sure they have a 6 clean up the PCBs at Quintard Mall? 7 license. But 1 would ask the people 7 A. No, ma'am. And 1 won't trouble you with 8 dealing with it. 8 the same answer. 9 Q. My understanding is that some of the 9 Q. Okay. Are you aware of how much was 10 contaminated material was actually 10 spent to clean up residential properties 11 placed under a parking lot. Is that 11 in Oxford? 12 your understanding? 12 A. No, ma'am. 13 A. 1 don't know. 13 Q. Do you know the levels found on those 14 Q. Do you know of any site where that 14 properties? 15 remediation technique has been used that 15 A. No, ma'am. 16 you are familiar with? 16 Q. Do you know what was done with the 17 A. Yes. Absolutely. 17 contaminated soil removed from those 18 Q. Tell me about that. 18 properties? 19 A. Kearny. 19 A. No, ma'am. 20 Q. Kearny? Okay. Any others? 20 Q. Are you familiar with a facility called 21 A. Probably Everett, but I'd have to see a 21 Live Oak in Georgia? 22 drawing to where that cell is relative 22 A. No, ma'am. 23 to the parking lot from the shopping 23 Q. We have covered all this. Mike was Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 249 - 252 HARTOLDMONOO11520 Page 253 Page 255 1 right; 1 did cover some of my outline. 1 Q. All right. And that opinion is without 2 Are you aware that the EPA has 2 having the opportunity to look at those 3 recently required General Electric to 3 items? 4 dredge the Hudson River? 4 A. That's correct. 5 A. Yes, ma'am. 5 Q. Do you agree that if sediments, PCB 6 Q. Do you know how the PCB levels in the 6 contaminated sediments in Snow Creek are 7 fish and sediments in the Anniston area 7 not removed that there's the potential 8 compare with the levels found in the 8 that they can be redistributed in the 9 Hudson River? 9 water column? 10 A. No, ma'am. 10 A. No. Because there are other ways of 11 Q. Assume with me that the levels are 11 protecting the water column. 12 comparable. Do you think that the 12 Q. What ways are those? 13 residents of Anniston, Alabama should be 13 A. Amongst others, containment. 14 entitled to the same remediation as the 14 Q. Are you familiar with a study that ADEM 15 Hudson River residents? 15 performed of the southern landfill in 16 MR. KELLY: Object to the form; 16 the early 1970s that found that the 17 speculation and unfounded 17 landfill was not in a suitable location? 18 assumptions. 18 A. No, ma'am. May 1 stop for a minute? 19 Q. (By Ms. Malow) You can answer. 19 Q. Certainly. 20 A. From what 1 have read, I'm not sure that 20 Are you familiar -- I'm sorry. 21 1 agree with the remediation that EPA 21 Are you familiar with the property 22 has insisted upon in the case of General 22 purchase program that was used at the 23 Electric. 23 Anniston plant site? Page 254 Page 256 1 Q. Why is that? 1 A. Not in any detail. 2 A. They may do more harm than good. 2 Q. Do you know if it was cheaper for 3 Q. So you're in agreement with General 3 Monsanto to buy the properties than to 4 Electric's position? 4 clean them? 5 MR. KELLY: Object to the form. 5 A. 1 don't know that. 6 A. I'm more in agreement with General 6 Q. Have you played any role -- you probably 7 Electric's position than EPA's former 7 haven't because you told me you haven't 8 position, for sure. 8 talked to EPA. But let me just ask 9 Q. (By Ms. Malow) And have you taken a 9 this: Have you played any role, either 10 look at any of the risk assessment 10 directly or indirectly, in the agreement 11 that's been performed with respect to 11 with EPA of the emergency cleanup level 12 the Hudson River and investigated all 12 for the Anniston area? 13 the detailed work that's been done over 13 A. No, 1 haven't. 14 the years before this decision was 14 Q. Do you know how that level in the AOC 15 entered into? 15 was determined? 16 A. No, ma'am. 16 A. Not as yet. 17 Q. Would that be something that you would 17 Q. Do you have any idea how many pounds of 18 want to look at -- 18 PCBs are buried at the Anniston site? 19 A. If 1 had to make the sole -- 19 A. No, 1 don't. 20 Q. - before you - 20 Q. Have you asked your consultant to 21 A. You asked for my opinion. 21 determine that information? 22 Q. Okay. 22 A. Have 1 personally? No, ma'am. 23 A. And 1 offered you my opinion. 23 Q. Do you know if anybody, including Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 253 - 256 HARTOLDMONOO11521 Page 257 Page 259 1 Mr. Branchfield or Mr. Smith, has asked 1 was mercury used there because it's 2 that question? 2 necessary to manufacture PCBs to use 3 A. 1 don't know that. 3 mercury, right? 4 Q. Do you think that's important to know? 4 A. 1 didn't say PCBs. Forgive me. 1 said 5 A. Not necessarily. 5 chloralkylide. 6 Q. Are you familiar with the nature of PCBs 6 Q. Well, didn't Monsanto have a mercury 7 that were put onto the on-site 7 cell on site that was part of the 8 landfills, whether they were solid or 8 chlorine manufacturing process? 9 liquid? 9 A. Yes. 10 A. No, I'm not. 10 Q. And wasn't chlorine needed to 11 Q. Are you familiar with any monitoring 11 manufacture PCBs? 12 done of the sewer system on the plant 12 A. Yes. Again, my engineering frame of 13 site itself? 13 reference is a bit different than the 14 A. I'm sorry. 1 thought you had asked that 14 way you described it. 15 already. 15 Q. Okay. Just because mercury is used in a 16 Q. 1 may have. 1 did. 16 closed-lid process doesn't mean that it 17 A. The answer is no. 17 won't be released, does it? 18 Q. You're right. 18 MR. KELLY: Object to the form. 19 All right. Moving on to a new 19 A. Speculative. 20 topic. It's not totally new, but 1 want 20 Q. (By Ms. Malow) Do you know whether or 21 to explore in more detail -- which is 21 not any of the mercury that was used at 22 mercury. Are you familiar with the 22 the Anniston plant was released? 23 recent article that came out in the 23 A. No. 1 don't know that. Page 258 Page 260 1 Anniston Star about mercury at the 1 Q. Do you know how many tons of liquid 2 Anniston facility? 2 mercury went into the waste stream? 3 A. 1 saw that article, yes. 3 MR. KELLY: Object to the form; 4 Q. Did you read the entire article? 4 assumption, no foundation. 5 A. Yes. 5 A. No, 1 don't. 6 Q. Did you have any conversations with 6 Q. (By Ms. Malow) Do Monsanto's own 7 anybody other than attorneys, anybody at 7 records show the discharge of mercury? 8 Solutia about that article? 8 A. 1 have not seen such records. 9 A. Let me think for a moment. 1 think the 9 Q. Do you know where the records are 10 only conversations 1 had were actually 10 located that were referenced in that 11 in Tom's or 1 think Karl's presence, 11 article? 12 with a couple of others. 12 A. No, 1 don't. 13 Q. Based on that article, have you directed 13 Q. Do you know a guy named Gene Coley, 14 Mr. Branchfield to do any additional 14 C-O-L-E-Y? 15 investigation of mercury discharges from 15 A. No, ma'am. 16 the Anniston facility? 16 Q. Had you heard of this man, Jim Bryant? 17 A. Not as yet. 17 A. No, 1 hadn't. I'm surprised that 1 18 Q. Have you interviewed any of the people 18 hadn't, but 1 hadn't. 19 that were quoted in that article? 19 Q. According to that article apparently 20 A. 1 have not, nor would 1 expect to 20 there was some mercury that was 21 personally. 21 recovered and then sent back to St. 22 Q. We already discussed the fact that, you 22 Louis. Are you familiar with that? 23 know, you're not surprised that there 23 A. No, ma'am. Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 257 - 260 HARTOLDMONOO11522 Page 261 Page 263 1 Q. Do you have any idea what was done withi 1 Q. Do you think that they were aware of it 2 that mercury that went back to St. 2 in the 1960s? 3 Louis? 3 A. My guess is that somebody was aware of 4 A. Not possible, given that I'm not 4 it around the time of Alice in 5 familiar with it to begin with. 5 Wonderland's writing. But 1 don't know 6 Q. Okay. Do you know if Monsanto kept 6 the specifics. 7 track of mercury emissions from the 7 Q. Are you aware that methyl is toxic to 8 plant? 8 humans and can cause severe mental and 9 A. 1 don't know that. 9 physical disability in large doses and 10 Q. Is mercury a constituent of concern that 10 intellectual impairment in chronic low 11 Solutia is looking at as part of their 11 doses? 12 present on-site and off-site 12 MR. KELLY: Object to the form, 13 investigations? 13 assumption, no foundation, 14 A. I'll know that soon enough. 1 don't 14 speculation. 15 know as we sit here. 15 A. I'm aware that it's toxic. The 16 [Discussion held off the 16 specifics of the toxicity and the amount 17 record.] 17 over time or maximum doses to cause such 18 Q. (By Ms. Malow) Do you know where BBL 18 toxicity I'm not aware of. 19 obtained their information on mercury? 19 Q. (By Ms. Malow) Are you familiar with 20 A. No, 1 don't. 20 whether or not lead was used at the 21 Q. Do you know why they were not given 21 Anniston plant? 22 access to all the documents? 22 A. No. But 1 know that lead is used or has 23 MR. KELLY: Object to the form; 23 been used as a part of the manufacture Page 262 Page 264 1 assumption, no foundation. 1 of biphenyls. 2 A. 1 don't know that they weren't given 2 Q. So it wouldn't surprise you if lead had 3 access. 3 been used at the Anniston plant? 4 Q. (By Ms. Malow) Do you know who they 4 A. That's correct. 5 interviewed to prepare their reply to 5 Q. Do you know anything about the volume of 6 ADEM about the mercury? 6 lead that may have been used at the 7 A. No, ma'am. 1 don't. 7 Anniston plant? 8 Q. Have you ever heard of a guy named Joe 8 A. No, ma'am. 9 Crockett that used to be with the 9 Q. Do you have any idea where it was 10 Alabama Water Improvement Commission? 10 disposed of? 11 A. 1 think 1 have. 1 think 1 have heard 11 A. No, ma'am. 12 the name mentioned. 12 Q. When mercury gets into the aquatic 13 Q. In what context? 13 environment, does it continue to 14 A. 1 don't recall. 14 circulate? 15 Q. Are you aware that when mercury is 15 A. 1 don't know. There are others I'd wish 16 discharged into water that it can 16 to ask that question of. 17 convert to methyl mercury? 17 Q. Is mercury persistent in the 18 A. Yes, 1 am. 18 environment? 19 Q. Is methyl mercury a toxic substance? 19 A. Generally, yes. 20 A. Yes, it is. 20 Q. Are PCBs persistent in the environment? 21 Q. When did the chemical industry first 21 A. Generally, yes. 22 become aware of the dangers of mercury? 22 Q. Are you aware that as recently as 1993 23 A. 1 don't know that. 23 ADEM found fish with mercury levels that Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 261 - 264 HARTOLDMONOO11523 Page 265 Page 267 1 exceeded Alabama's limits? 1 Anniston plant? 2 MR. KELLY: What location? 2 A. Forgive me. Will you back up a moment? 3 MS. MALOW: Downstream of Snow 3 1 don't know that it was disposed at the 4 Creek. 4 Anniston plant. So you have asked 5 A. I'm not aware of any. 5 whether -- 6 Q. (By Ms. Malow) What is the status of 6 Q. 1 believe Dr. Kaley even admitted in the 7 mercury testing that is being performed 7 article that it had been disposed of, 8 in Anniston now by Solutia? 8 didn't he? 9 A. 1 don't know. 9 A. 1 don't recall. If you have the 10 Q. Do you know who's doing the testing? 10 article, I'll stipulate to that. But 1 11 A. No, 1 don't. 11 don't know that it was, nor can 1 know 12 Q. Do you think that testing needs to be 12 where it was if it was. 13 done for mercury? 13 Q. Do you know if Solutia ever reported any 14 MR. KELLY: Object to the form; 14 release of mercury from the Anniston 15 speculation, no foundation. 15 site to any governmental agency? 16 A. Your question stands. 1 think 1 need 16 A. I'm not aware. 17 more data to answer the question, 17 Q. Do you know of any test that Solutia has 18 however. 18 conducted to determine the amount of 19 Q. (By Ms. Malow) Okay. Are you aware 19 mercury discharged from the Anniston 20 that Solutia's own consultants stated to 20 facility into the Anniston environment? 21 ADEM that Solutia had detected mercury 21 A. No, ma'am 22 in all ten of its soil sampling 22 MR. KELLY: Object to the form; 23 locations on Choccolocco Creek near 23 assumption, no foundation. Page 266 Page 268 1 Boiling Springs Road? 1 Q. (By Ms. Malow) Do you know if Solutia 2 A. 1 don't recall the specifics. 2 has ever told the Anniston residents 3 Q. Are you aware that Solutia detected 3 that it discharged mercury into 4 mercury in twenty-four out of 4 landfills on its property? 5 twenty-seven sediment samples from Snow 5 MR. KELLY: Object to the form; no 6 Creek? 6 foundation. 7 A. Not as to the specific numbers. 7 A. 1 have no awareness. 8 Q. The article talked about some samples 8 Q. (By Ms. Malow) Do you have of any 9 that had been collected from Choccolocco 9 internal studies that Monsanto has 10 Creek downstream of Snow Creek that were 10 commissioned regarding mercury health 11 scrapped. Are you familiar with those 11 effects? 12 samples? 12 A. No, 1 don't. 13 A. No, ma'am. I'm not. 13 Q. Do you know any internal studies that 14 Q. Do you know anything about the eight 14 Monsanto has commissioned regarding lead 15 sediment samples that were collected 15 health effects? 16 from Snow Creek that were rejected by 16 A. No, 1 don't. My guess, however, in both 17 the lab? 17 instances is that those issues are 18 A. No, ma'am. 18 widely reported in the toxicological 19 Q. Do you know where mercury was disposed 19 literature. 20 of at the Anniston plant? 20 Q. Do you know if nerve gas was ever 21 A. No, ma'am. 21 manufactured in Anniston? 22 Q. Do you know how much mercury was 22 A. No. I'm not aware of that. 23 disposed of in the sewers of the 23 Q. Were PCBs or PCB containing material Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 265 - 268 HARTOLDMONOO11524 Page 269 Page 271 1 ever incinerated at Anniston? 1 to answer that question. 2 A. 1 don't know. 2 Q. (By Ms. Malow) Would you agree that 3 Q. Do you know if they were ever 3 Monsanto was the leader or one of the 4 incinerated in Sauget? 4 chemical industry leaders in the '30s, 5 A. There was an incinerator owned by 5 '40s, and '50s? 6 another party in Sauget. They may or 6 MR. KELLY: Object to the form. 7 may not have incinerated PCBs. 7 A. 1 don't know. 8 Q. Who would have the most knowledge about 8 Q. (By Ms. Malow) Did Monsanto in fact 9 any penalties or violations that 9 have its own in-house medical department 10 Monsanto or Solutia has ever received, 10 back in the '30s, '40s, and '50s? 11 if there have been any, for PCB 11 A. 1 don't know. 1 know that it had some 12 discharges? 12 in-house medical department when 1 13 A. Either Tom Bistline or Brent Gilhousen, 13 joined the company. 14 also in our law department. 14 Q. Okay. Chemical trade associations have 15 Q. When was it first known to the chemical 15 talked about proper waste disposal 16 industry that dumping toxic chemicals 16 methods since the 1960s, haven't they? 17 into neighboring streams could be 17 MR. KELLY: Object to the form. 18 harmful to the environment? 18 A. I'm sorry. 1 don't know. My knowledge 19 MR. KELLY: Object to the form; 19 began in 1975. 20 speculation, no foundation. 20 Q. (By Ms. Malow) Do you have any 21 A. And 1 don't know the answer to your 21 familiarity with the nitro plant? 22 question. 22 A. Any? Yes. 23 Q. (By Ms. Malow) Well, is it -- As 23 Q. What is your familiarity with the nitro Page 270 Page 272 1 someone who deals with environment, 1 plant? 2 safety and health, are you aware that 2 A. 1 know approximately where it's located, 3 it's been long known to the chemical 3 and 1 know some of the products that 4 industry that it's not a good idea to 4 were manufactured there over time. 1 5 dump chemicals into neighboring streams? 5 have never visited it. 6 MR. KELLY: Object to the form; no 6 Q. Were you aware of an outbreak of 7 foundation, speculation. 7 chloracne, liver and neural problems, at 8 A. 1 would say three things. One, you 8 that nitro facility? 9 asked me when. 1 don't know the answer 9 MR. KELLY: Object to the form; no 10 to that question. You asked me if it's 10 foundation. 11 generally not a good idea. And the 11 A. No, ma'am. 1 have heard reports only of 12 answer to that question is "yes, but." 12 chloracne. 13 And the but is, of course, how much and 13 Q. (By Ms. Malow) Have you heard any 14 how long and what. 14 reports of chloracne amongst the workers 15 Q. (By Ms. Malow) Well, isn't it the case, 15 at the Anniston plant? 16 Mr. Felder, that since the 19th century 16 MR. KELLY: Object to the form; no 17 the chemical industry has been aware of 17 foundation. 18 the risk posed by the discharge of their 18 A. No, ma'am. 1 haven't. 19 waste to surface water and soils? 19 Q. (By Ms. Malow) Do you have any plans to 20 MR. KELLY: Object to the form; 20 return to the Anniston facility in the 21 speculation; no foundation. 21 near future? 22 A. 1 was born in 1948. 1 didn't graduate 22 A. Yes, ma'am. 1 do. 23 college until 1970, so it's tough for me 23 Q. When? Felder, Jeffrey D. (Solutia employee) in ABERNATHY Pages 269 - 272 HARTOLDMONOO11525 Page 273 1 A. I don't know. 2 Q. Will that be for that next quarterly 3 meeting? 4 A. Most likely. Yes, ma'am. 5 Q. Any other plans to go to Anniston? 6 A. Unless that doesn't suffice, no. 7 MS. MALOW: Let me take just a 8 couple of minutes to look 9 over my notes. We may be 10 wrapping up here. 11 [A break was taken.] 12 MS. MALOW: Thank you, Mr. Felder. 13 1 believe that's all the 14 questions 1 have for you at 15 this time. I'll pass the 16 witness. 17 MR. KELLY: 1 have no questions at 18 this time. 19 20 (AND FURTHER DEPONENT SAITH NOT. 21 22 23 Page 274 August 16, 2001 Mr. Jeffrey D. Felder C/O Michael E. Kelly, Esq. Smith, Helms, Mulliss & Moore, L.L.P., 300 North Greene Street, Suite 1400, Greensboro, NC 27401 Dear Mr. Felder: This page is incorporated as page 274 of your deposition. Your deposition transcript has been completed and, as per requested, is ready for you to read over. Please do not write on the transcript but make any changes you wish on the errata sheet provided. If there are no corrections, write across the page "no corrections." Please sign the signature page before a notary, and then return the errata and signature pages. Under the Rules of Civil Procedure you have thirty days to read and sign your deposition transcript. If you have any questions, please feel free to call me at (314) 729-0575 and I'll be glad to help in any way I can. Sincerely, Sheila L. Ford, RPR, CSR KRIEGSHAUSER REPORTING & VIDEO cc: Ellen B. Malow, Esq. Felder, Jeffrey D. (Solutia employee) in ABERNATHY SIGNATURE PAGE Page 275 JEFFREY D. FELDER Subscribed and sworn before me on this day of _ ., 2001 [NOTARY PUBLIC] My commission expires:. NOTARIAL CERTIFICATE I, SHEILA L. FORD, a Registered Professional Reporter and duly commissioned Notary Public within and for the State of Missouri, do hereby certify that there came before me at offices of Kriegshauser Reporting, 319 N. 4th Street, Suite 322, St. Louis, MO 63102, JEFFREY D. FELDER, Who was by me first duly sworn to testify to the truth and nothing but the truth of all knowledge touching and concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath and said examination was reduced to writing by me; and that the signature of the witness was not waived by agreement of witness and all parties, and that this deposition is a true and correct record of the testimony given by the witness. I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties to the action in which this deposition is taken; further, that I am not a relative or employee of any attorney or counsel employed by the parties hereto or financially interested in this action. IN WITNESS WHEREOF, I have hereunto set my hand and seal this the 15th day of August 2001. My commission expires: March 13, 2002 Page 276 Sheila L. Ford Notary Public Pages 273 - 276 HARTOLDMONOO11526 [& - academy] Transcript Word Index & 1980s 27420 & 1:19 2:13 3:4,7 87:18 89:6 150:5,9 157:13 179:4,6 274:1,1 0 01 158:2 248:17 1985 111:20 1987 2\ 6.2 1991 25:19 29:22 36:16 38:12 1992 1 41:8 1 1993 83:3,8,11 84:5,6,6 88:9 131:6 147:12 152:19,23 264:22 1994 153:4 158:11 168:17 171:6 43:22 200:1 1.1 1997 84:11 1.2. 46:9,17 1998 85:21 10 165:12 166:3 19th 167:18 270:16 11th 2 110:10 13 7:23 276:1 1400 3:8 210:11 274:1 15 7:23 8:3 123:3 15th 2 83:7 91:21 96:13 110:8 113:3,5,11,13,23 114:2 156:4 158:12 169:5 2/7 3:19 2:30 138:10 276:1 2000 3:9_______________ 3 3 105:8 120:11 3:00 138:11 300 3:7 274:1 30s 271:4,10 314 1:21,21 274:1 319 1:20 2:14 276:1 322 1:20 2:14 276:1 3500 9:20_____________ 4 4 93:22,23 128:2 409 216:1 40s 271:5,10 4th 1:20 2:14 276:1 5 16 49:10 153:23 154:18 5 274:1 2001 3:15,19,19222:17 19 1:142:134:951:1552:10 50s 29:20 55:14,17 70:10 74:14,18,22 271:5,10_________ 19,000 93:9 96:3 101:14 131:5,12 6 249:11 1948 270:22 1960s 263:2 271:16 1962 196:16 1967 5:17 6:4 8:10,13 242:9 1970 15:17 196:17 270:23 1970s 131:14 137:20 141:10 60s 142:19 153:19,21 154:1,19 111:13,14 158:2,6 161:13 162:6 171:7 62 171:23 191:15 274:1 275:1 198:16 276:1 621-4408 2002 1:21 242:5 276:1 621-4533 21 1:22 125:1 63102 21927 1:21 2:14 276:1 3:8 2200 7 255:16 3:4 7:30 1972 24 77:11 15:20 57:22 70 1975 24th 198:16 17:17 196:10271:19 57:20 700 1978 274 3:4 18:8 196:10 274:1 729-0575 1980 27401 274:1 24:19 209:17 3:8 274:1 Felder, Jeffrey D. (Solutia employee) in ABERNATHY 77002 3:5 78 18:9 7th 74:17,22 137:20 161:20 8 8 113:19,21 114:3 8:30 2:134:9 80 24:20 800 156:16 80s 15:23 111:17 84 24:21 25:21 209:18 85 24:20 87 213:18________________ 9 9 1:142:134:8 91 25:21 26:12,13 212:9 91-92 212:12 92-93 221:2 94 46:11 212:10 96-269 1:6 2:7 97 46:11,1648:1855:14 9th 70:10__________________ a a.m. 2:134:9 abbreviation 148:22 150:12 abernathy 1:4 2:5 ability 60:2 able 121:3 210:6 221:23 absolutely 250:17 academy 183:3 HARTOLDMONOO11527 [acc - anniston] acc actuals aerial alabama's 180:20 161:21 169:6,7 82:3 265:1 accept adam affairs alan 113:13234:2 179:9,11,14 147:1 150:7 223:18 acceptable add afraid aldot 98:22 100:11 102:3,22 171:6 195:6 154:20 155:3 105:4 113:4 added afternoon alice accepted 125:3 94:4 263:4 55:16 addition age allegation access 66:21 109:18 159:7 5:4 13:4,6 36:23 84:21 189:16 261:22 additional agencies alleged 262:3 41:17 42:3,5 43:11 48:16 96:9 158:18 139:18 accidents 48:17 64:6 100:16 146:13 agency allegedly 12:1 165:3 258:14 159:10 160:8,12,15,21 13:7 accomplished additives 238:11 267:15 alluded 124:13 198:21 agenda 108:21 account address 137:20,21 138:14 140:8 altered 78:18 79:2 146:12 241:21 agent 170:21 accountant addressed 39:5 alvin 167:11 43:14 110:18 111:12 ago 21:14 accountants 146:14 240:21 5:21 11:9 14:19 57:14 78:3 amalgam 163:12 addresses 81:1791:19 145:23 172:11 64:19 accounting 130:21 242:2 182:11 184:1,11 191:9 american 168:8 addressing 201:11,13 207:6 242:22 183:3,7 accurate 51:6 243:16 244:3 amount 47:7 55:6 118:21 131:3 adem agree 130:14 157:7 165:1 263:16 acid 102:17 103:11 109:11 70:21 83:18 230:8,11 267:18 21:11 210:17211:6 110:1,5 123:18,20 124:17 253:21 255:5 271:2 anaheim aco 145:14 147:3 158:11 234:2 agreed 42:17 132:20,20,23 133:11 246:19 251:11 255:14 4:3,11,1930:15,17 31:13 analogy acquaint 262:6 264:23 265:21 34:19 35:5 54:15,21 95:13 63:23 172:19 adem's 126:9 130:1 analyses acquaintanceship 124:1 agreement 249:7 148:1 adequately 96:21 98:3 99:9 122:11 analysis acquainted 93:6 192:16 254:3,6 256:10 220:18 222:7 233:17,20 75:3 82:19 211:22 225:13 adhering 276:1 analytical acre 222:6 ahead 45:11 72:16 99:17 251:7 196:15 adhesive 19:8 58:18 analyze acreage 181:15,16,17 aid 222:1 35:1,2 adjacent 238:6 analyzed acronym 198:7 229:17 241:16 air 244:12 97:23 administrative 15:10 39:17 95:5 96:13,17 anecdotally acted 52:5 192:14,18 97:1,8,12,14,19 98:19 29:3 244:1 administratively 100:7 101:4 128:22 156:3 anhydride action 54:18 173:17 224:1 220:8 248:13 21:11 210:19211:2 1:6 2:6 217:3 222:20 admitted airplane animal 233:14 234:21,21 276:1,1 267:6 79:6 86:17 70:14,16 active advance airport ann 17:11 175:16 234:21 18:23 77:16 78:14 80:10,13 149:12 176:3,6 activities advanced al anniston 140:9 211:15224:17 26:5 1:4,7 2:5,8 9:22 10:22 46:13 71:19,21 activity advised alabama 72:21 73:2,4 74:11 75:8 145:20 31:12 164:4 1:1,2 2:2,2 10:22 42:23 77:13 78:10,15,21 79:11 actual advisory 74:12 154:21 205:23 247:1 81:7 83:4 84:1 86:10 87:23 80:17 82:5 83:14 136:8 39:20 40:3 102:20 103:7,17 247:17 253:13 262:10 88:6,23 89:8 90:18 91:10 154:12,13 161:18 205:4 93:19 94:9 97:3 98:6,20 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11528 [anniston - attending] anniston (cont.) apparently areas (cont.) assessments 101:17 103:6,23 106:17 84:22 95:11 112:15,21 217:2,6,16 221:4,21 224:4 66:8 112:2 119:3,14 135:2 121:17 132:21 134:15 228:18 assessors 137:19 138:20 139:10,22 149:14 150:16 196:13 arena 31:12 141:9,19,23 143:15 146:4 201:2 205:18 209:2 212:22 167:7 assign 147:10,22 151:3,8,11,17 215:5 234:6 260:19 argue 4:15 161:8,13 162:23 164:1 appearance 92:11,17 126:15 130:6 assigned 166:2 167:14 172:14,15 60:14 arguing 22:7,15 162:8 226:21 173:12 175:3 186:10 appears 95:21 assist 188:16 189:7 192:6,12 133:10 armed 87:22 195:2,14 200:18 223:7,19 applicable 15:12 associated 226:3,17,19 227:1 228:14 193:4 armored 99:18211:15241:15 228:21 229:3,17 230:6 apply 135:7 associates 231:1,9,15,19 232:3,7 59:5 219:20 army 34:8 87:18 89:6 234:23 235:2,16 236:1 appreciate 15:10 16:20 17:5,8 association 239:2 240:1 244:12,15 184:8 arsenic 101:11 180:17 181:12,13 245:2 246:15,19,23 247:15 approach 229:19 181:17 182:9,14,17 183:8 247:21 248:5,9 249:3 253:7 112:22 art associations 253:13 255:23 256:12,18 approaching 129:8 156:11 180:23 182:21,23 183:1,14 258:1,2,16 259:22 263:21 222:17 article 271:14 264:3,7 265:8 266:20 267:1 appropriate 257:23 258:3,4,8,13,19 assume 267:4,14,19,20 268:2,21 19:11 94:15 133:8 162:21 260:11,19 266:8 267:7,10 7:12,13 58:7 98:18 100:1 269:1 272:15,20 273:5 164:20 asked 104:7 232:9 235:13 253:11 announced approve 13:1645:1 111:9 125:13 assumed 38:11 74:23 109:11 167:18 127:19 131:20 136:20 58:3 announcement approximate 160:22 181:9 184:2,11 assuming 29:22 196:15 222:13 188:1 189:8 191:14 194:1 86:2 232:22 annual approximately 195:8 207:17 208:21 assumption 192:23 24:16 158:13 205:19 209:4 217:20 221:11 242:6 72:2 100:4 134:10 202:17 answer 272:2 245:18,19,21 246:4 248:12 232:19 235:19 244:6 6:16 7:6 36:22 38:10 69:11 approximation 254:21 256:20 257:1,14 247:23 260:4 262:1 263:13 100:18 107:9,10 195:10,11 113:22 267:4 270:9,10 267:23 207:1 212:15 247:12 252:8 april asking assumptions 253:19 257:17 265:17 78:5,6 116:21 118:1 127:21 40:13 49:4 103:14 124:18 99:1 100:6 174:9 253:18 269:21 270:9,12 271:1 129:2 172:4,9 234:5 184:13 assure answered aquatic aspects 66:18 236:11 59:23 184:3 24:6 264:12 51:18 ate answering aqueous asphalt 141:2,3 183:23 247:6 233:6,8 31:19217:6,10 atmosphere answers area aspirin 24:9,11 60:3 186:16 25:19 52:11 63:6 69:4 97:3 210:18 atsdr anticipated 103:6 116:17 119:11 121:8 ass 247:4 169:18,19 126:2 130:16 133:22 136:5 156:12 attached anybody 138:5 143:15 196:14,17,21 assemble 130:20 140:16 142:22 247:4 256:23 258:7,7 197:9 200:1 201:15,22 192:8 attempt anymore 207:12211:16,17212:17 assembled 238:5 25:1271:15210:7 213:1,5,10,15,17214:1,12 19:17 147:13 attempts aoc 214:22 215:2,3,10,15,18,22 assembling 187:17 132:19,20,23 133:16 216:1,2,7 217:11 224:5 192:5 attend 143:10 144:13 159:4 228:20 229:11 234:1 assembly 82:16 256:14 241:20 249:3 253:7 256:12 153:4 attended aocs areas assessing 124:2 144:16 173:4 174:12 129:21 130:6 132:21 45:12 53:20 56:11 57:6 67:9 179:16,21 180:5,10 182:7 157:13,14 79:10,11,18 81:22 84:8 assessment 240:11 apologize 90:11 92:3,23 110:18 138:6 66:6,15,22 93:10 144:7 attending 12:8 27:22 167:15 179:8 183:18211:13216:18 254:10 173:11 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11529 [attorney - bradley] attorney back (cont.) began bill 111:19276:1,1 179:19 184:10 187:18 38:13 185:10,11 221:13 183:6 attorneys 191:6 212:14228:11,13 271:19 binders 205:17209:3 211:13258:7 239:22 242:8 260:21 261:2 beginning 135:20 attributed 267:2 271:10 46:9 50:4 51:15 55:12 56:1 biotest 188:11 backfill 58:16,19 86:15 111:9 68:2,4,5,10 atypical 215:9 212:12 biphenyls 124:4 background begun 264:1 audit 44:10,16 91:3 birmingham 68:17 backwater behalf 77:1778:11,12,1380:10 august 115:9,15,21 116:16 117:14 1:132:125:5 68:12 144:16 bistline 1:142:134:8 49:1552:10 119:6,7,9,19 181:19 194:7 227:12 65:14 245:6 269:13 70:10 96:2 101:14 274:1 bad behavior bistline's 276:1 218:17 221:18 248:11 auspices bailiwick belief bit 181:11 182:17228:6 55:15 93:8 54:1 82:20 107:20 111:4 author ball believe 191:13 194:11,21 196:20 140:4 10:7 33:22 81:11 123:10,12 7:22 10:23 11:20 12:17 201:12259:13 authorities 123:15 167:16 177:6 21:9 23:19 24:21 39:4 bits 103:13 124:8 190:19249:16251:3,11,14 50:18 61:6 64:21 72:13 65:3 153:4 authority banks 74:2 76:17 81:17 106:7 bitty 162:20 163:2,7,10,13,14,23 118:7 109:15 127:9 131:19 148:17 164:6,15,18 166:1 167:4,8 baptist 133:23 137:22 139:17 black 167:17 168:9 131:10 154:23 158:21 159:2 176:6 161:16 available barnickols 182:15 185:3 203:23 blanking 19:13 248:11 221:13 229:5 267:6 273:13 194:16 average bars believes blindness 154:3 158:5 161:17 72:19 161:15 averages based bell blocks 155:16 66:22 67:2 92:15 93:3 43:3 179:10 210:2 aware 94:11 97:18,21 98:7,12,21 beneficial blood 5:23 7:7 20:4 58:1 63:11,16 100:8 141:14 168:13 45:23 218:10 72:22 98:1 111:13,16,19 129:2 173:21 188:21 220:13 benefit board 143:22 144:23 207:11 240:10 247:8 258:13 30:3 161:18 172:18 165:5 166:12,13 167:2 212:6 215:13 216:16 222:3 basic benefits bob 229:1 235:4 238:18 239:1 201:21 16:6 147:19 148:1 174:18 249:1 252:9 253:2 262:15 basically benson 245:19 246:4 262:22 263:1,3,7,15,18 26:8 43:23 85:12 133:4 3:4 bob's 264:22 265:5,19 266:3 basis bent 246:6 267:16 268:22 270:2,17 52:20,22 62:15,20 72:13,14 125:6 126:7 bodies 272:6 89:1 99:6 173:2 238:13 bentonite 39:1471:21 101:17204:13 awareness 239:20 213:4 214:5,18 body 268:7 bayou benzoic 40:5 awfully 21:13,18 211:6 boiling 201:1 bbl best 266:1 b 246:10 261:18 baby 203:22 back 5:17 6:4,22 8:9 9:14 17:9 17:15 24:23 39:12 40:10 51:12,1358:1567:6 68:13 71:13 74:8 77:8 78:16 79:8 84:1990:13 105:7 111:12 118:20 119:17 124:14 132:17 138:17 163:11 beach 26:21 40:18 beachwater 119:1,2 bear 8:18 becoming 223:5 225:13 beg 233:18 248:21 42:10,16 59:16 60:1,2 born 151:15 171:20 172:1 196:2 270:22 245:14 boss bet 64:10 167:6 201:10224:15 39:22 226:1 better bottom 31:4 113:3 159:21 219:8 8:4 113:1 158:9 168:17 235:21 box beyond 3:8 130:6 bradley 150:5 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11530 [branchfield - cheaper] branchfield budgeted capacity certain 54:11,1755:4 57:11,17,18 130:14 132:9 162:14 170:6 121:18 193:20 21:9 26:1432:13,17 93:13 62:22 69:16 76:4,13 86:3 227:3 capped 123:20 124:11 156:13 90:20 117:3 137:22 162:19 budgets 31:13 93:6 214:12 217:22 159:11 165:14 176:5 185:4 163:6,23 164:11 168:10 130:20 140:16 162:16 217:23 186:16 187:17 190:10 173:15 175:1 191:7 243:8 168:18 170:18 191:10 capping 208:6 228:18 229:5 251:15 257:1 258:14 192:4 240:12 241:1 34:21 125:10 206:23 213:5 certainly branchfield's build capturing 19:5 58:18 87:2 88:16 97:4 70:3 192:2,22 45:21 214:17 235:1 122:10 133:9 143:9 163:3 brazil building career 164:18 167:1 178:2 181:23 20:22 21:21 213:2,22 216:1,5 14:16 64:11 65:23 180:1 183:16,20 185:11 203:10 breach built 182:2 183:17 184:15 205:9 225:7 230:12 246:8 32:11 36:18 125:19 231:6 carefully 247:10 255:19 breaching bullet 276:1 certainty 32:9 143:10 144:13 146:17 carriers 94:8 break bunch 135:7 certificate 74:6,7 147:8 163:4 228:9 152:19 cars 276:1 228:10 273:11 buried 138:3 certify brent 256:18 carson 276:1,1 269:13 business 26:21 40:17 cetera bridge 45:4,6 46:4 75:19,23 148:3 case 37:10 53:22 66:20 103:3 125:2,3 154:23 183:19212:1 10:15,18,21 11:1,2 12:10 141:21 154:1 183:9 bridgeport businesses 12:18,19 13:1 27:11 56:23 chain 13:11 17:22,23 18:3,6,13 37:9 81:10 132:15 58:6 68:19 106:2 107:3 168:2 18:17 20:1,6 23:21 buy 120:1 121:11 136:21 chairmen brief 256:3 168:22 170:4 220:10 146:23 228:22 buyer 233:10 238:10 253:22 challenge briefed 32:7 270:15 219:17 124:20 c cases change briefing 116:19,23 157:11 briefly cain 75:18 76:13 129:5 ralenrlar 11:15,19,22 12:2 14:11,18 118:15 castings 44:12 48:18,20 51:14 54:10 54:20 57:21 60:4 62:21 67:3,5 100:14 121:17 147:7 162:3 221:14 bring 192:6 bristol 168:21 173:10 calhoun 1:2 2:2 152:9 ralifnrnia 135:20 catch 88:14 category 155:8,11 167:10 191:21 changed 19:4 25:1826:1841:6 46:10 48:13,23 49:3,10 50:21 26:21,22 40:17,18 42:17 12:7 140:19 159:13 171:6 52:3 75:2 88:13 198:18 broad 29:11 107:1 broken call 97:21 142:3 144:5 185:7 196:22 210:5 274:1 cause 212:10 107:22 187:15,16,18 263:8 changes 263:17 276:1 168:4 172:20 274:1 130:18 brown 246:10 bruce called 10:19 60:13 146:3 15:8 21:13 26:7 45:6 61:8 83:11 132:23,23 156:1 165:3 180:19 cc 274:1 ceased 38:14 changing 145:2 155:12 characterize 111:8 133:18 76:21,22 84:12,20 85:6,7,9 186:22 196:13 207:12 cell characterized 148:19,19 149:1,5 bryant 260:16 budget 131:5 140:14 153:9,10,19 154:5 155:15 158:6,23 162:5,6 169:3,17,19 170:11 170:20 171:2,4,8 191:15 192:8 226:22 227:1 240:21 241:22 242:2,5 215:1 216:1 252:20 Cell Is 7:3 107:8,17 camden 26:19 40:15 cap 31:17 32:9,12 125:8 199:12 199:16,22 200:4,11,15,17 213:6 214:13,15,20 215:10 216:7 217:6,10 31:5 218:8 250:22 259:7 center 93:17 135:3 251:1 century 270:16 ceo 45:22 cercla 92:1 129:21 133:2,12 169:16 227:15,16,18 228:7 251:3 charge 41:1,5 103:15242:18 chart 114:9,11,23 132:1 170:4 176:18 charts 153:6 cheaper 256:2 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11531 [chemical - conceptually] chemical civilian collected community's 9:7 15:7 21:6,7 22:11 17:9,12 266:9,15 105:11 180:17 181:12 182:13 clarification collection companies 187:5 205:22 262:21 184:9 99:16 180:18 269:15 270:3,17 271:4,14 clay college company chemicals 199:18,23 200:2,9,11 15:11,12 270:23 1:7 2:8 9:7 13:5,22 16:10 26:3 185:2,18,23 186:2 clean collins 19:11 44:20 45:23 50:16 187:5 190:10,15 269:16 5:21 6:5 8:7 107:14 240:13 189:2 52:2 87:16 165:4,7,8,12,20 270:5 242:11,22 251:14252:6,10 color 166:4,11 180:21 189:23 chemistry 256:4 161:15 203:13,20 271:13 219:18 cleaned Columbia comparable chiefly 5:14 108:13 190:19 191:4 150:13 72:23 227:6 253:12 206:17 243:16 251:23 column compare chloracne cleanup 255:9,11 98:6 170:9 226:23 253:8 272:7,12,14 12:6,11 34:4 128:17 130:15 coming compared chloralkylide 131:15 132:3,11,13,14 63:13 80:13 114:4 47:15 139:22,23 259:5 133:5 194:13,23 202:8 command comparison chloride 203:13 204:2 221:10 15:10 220:6 211:4 227:11 240:17,17251:10 comment compensation chlorine 256:11 84:11 85:2,8 108:11 220:13 193:3 259:8,10 cleanups 243:19 competent choccolocco 56:19 comments 124:8 236:10 80:5 90:5 102:2 110:11 clear 145:6,10,12 complete 112:12 113:2,16 115:11,18 59:17 79:4 108:19 136:11 commercial 212:13 115:22 116:17 117:19 172:17 212:15 236:6 35:12 131:21 143:13 completed 118:13,18 119:13 125:2 clearly commission 6:11 111:1 274:1 132:6 145:19 146:6 239:16 61:15 105:22 146:23 152:10 262:10 completely 239:19 240:23 265:23 clients 275:1 276:1 108:2 235:1 266:9 45:19 95:20 108:6 commissioned completion chocolate close 184:5 268:10,14 276:1 37:22 21:13,18 35:15 37:12 38:9 57:23 commissioner complex choose 78:14 115:9 210:1 4:7,20 21:4,16 209:22 closed commitment compliance chronic 208:5,5 213:2,17,19 215:5 73:22 30:8 53:8 263:10 215:18,20 216:4 259:16 committee complications church closely 166:22 167:1 165:3 81:9 131:10 48:5 163:17 committees component circa closer 180:14,22 181:1 99:20,21 29:20 165:12 212:8 221:2 77:17 226:14 commo components circled closest 129:10 198:21 155:5 158:4 198:8 common comport circuit closing 27:11 78:22 1:1 2:1 119:23 commonly composite circulate cma 148:23 197:15 234:10 200:11,13251:5 264:14 180:20 181:22 182:3 communicating comptrollership circumstance coast 129:17 164:4 145:1 43:1 communication concentration circumstances coatings 48:7 53:3 97:21 98:12 190:20,23 29:14 158:20 174:1 39:2 communications 191:2 199:5 250:2 251:22 cities coley 129:10,11 concentrations 31:5 260:13 community 97:19 98:7,21 100:9 city colleague 24:4 72:21 73:16 98:4 concept 5:1 37:7,8,10 43:2 38:3 50:7 51:21 65:11 99:12 105:9 106:21 107:1,3 201:21 230:14 civil 189:1 248:1 107:6,13 108:12 122:18 conceptually 1:6 2:6 125:20 274:1 colleagues 152:5 158:14 159:6,20 165:10 29:4 245:6 161:10 166:23 168:8 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11532 [concern - counsel] concern constants contemporaneous coordination 192:20 261:10 219:20 112:6 151:13 concerned constituent contemporaneously copy 63:20 73:12 128:5,13 261:10 82:12 8:2 93:12 235:10 constituents contents corner concerning 201:5 33:2 142:2 276:1 constructed context corporate conclude 214:6 42:13 84:22 101:21 115:13 24:23 55:23 64:17,18 7:9 constructing 139:6 145:15 229:14 193:22 conclusion 213:4 262:13 correct 105:3 110:7 construction contiguous 5:22 8:11 35:22,23 40:19 conclusions 18:22 76:3 120:13,18 110:10 53:18 55:22 56:3 59:2 99:23 149:19 208:8 continually 77:14 84:9 90:12 95:5 97:7 concrete consultant 174:7 100:23 102:16 105:6 127:7 87:19,21 89:7 149:18 continue 106:19 112:10 114:5 115:5 conduct 203:15 242:9 256:20 37:21 69:7 96:9 264:13 117:9,10 120:14 138:7,8 93:18 190:12 consultants continued 140:12 149:4,7 162:9 conducted 5:1834:3 71:9 114:19 44:21 169:10 170:13 180:2 182:6 30:12,16 96:6 185:1 190:16 175:17 176:8 177:23 178:3 continuing 190:22 191:19 192:1,5 212:11 228:5 233:21 178:13,17 187:15 237:6,7,8 96:8 201:19207:1 215:17 267:18 237:9 238:4 265:20 contract 216:13 220:11 223:20 conference consultant's 6:3 8:23 9:2,6 71:9 224:6 227:22 228:4 230:18 212:4 244:2 contracted 230:19231:9 236:2,14 confused consulting 67:14 242:12 247:13 255:4 264:4 91:20 46:2 64:23 contractor 276:1 confusing contact 121:13,15 186:3 corrections 229:8 34:11 150:22 151:2,9 contractors 274:1,1 connected contacts 23:17 67:18 185:22 186:6 corrective 108:2 109:6 84:13 85:10,16 contractor's 126:17 234:20 conroy contain 121:4 correctly 146:16 214:8 218:9 contributed 92:13,14 consent contained 134:2 correspond 157:12,14 106:8 212:9 218:7 contributions 154:19 156:18 conservation containing 128:11 corresponds 117:13,17,22,23 118:4,11 93:6 211:18212:17213:14 control 155:2 128:4,9,10 131:8 146:18 268:23 30:1745:11 57:6 118:5 corridor 153:17 155:19,22 156:2 containment 127:14 130:4,5 220:17 117:13,17,22 118:1,4,11 176:13 36:13,17,21 37:3 119:1 controls 125:8 128:4 131:9 146:18 conservative 127:14 130:7 201:15,22 31:15 32:1 34:22 153:18 155:19,22 156:2 104:16,21 105:5 214:10,14255:13 controversy 176:13 consider contaminant 276:1 corridors 186:2 12:21 conventional 128:9 consideration contaminants 233:16,19 cost 218:19 12:21 230:2 conversation 122:7,19,21 123:6,8 125:9 considered contaminate 85:6 159:18 244:20 245:1 126:9 156:17 164:17 41:19 159:16 223:4 248:7 167:18204:1 214:3,17,20 consisted contaminated conversations 218:12 222:9 196:14211:17 31:7 69:17 119:4 120:5 58:11 244:14 245:8,15 costing consistent 209:5 217:21 218:14 219:9 246:14,18,22 247:9 248:8 122:14 119:23 249:21 250:10 251:19 258:6,10 costs consisting 252:17 255:6 convert 158:21 161:23 199:22 contamination 117:13262:17 council consolidated 9:21 74:1 111:20 128:6,14 converted 181:18 1:7 2:7 207:20 218:23 237:15 154:5 counsel constant 239:11,16248:13 coordinating 4:4,13,14 213:1 215:23 171:3 223:15 276:1,1 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11533 [count - depending] count 82:10 counted 194:3 country 45:14 62:19 152:16 county 1:1,2 2:1,2 152:10 couple 11:8 147:17 172:10258:12 273:8 course 29:10 31:2 37:8 55:18 58:7 73:14 103:20 108:8 123:16 130:2 133:1 134:21 144:21 153:9 159:8 168:23 170:21 175:12 182:21 196:2 229:11 234:4,9 239:20 270:13 court 1:1 2:1 courtesy 75:18 cover 58:23 94:20 141:18 253:1 coverage 11:13 covered 62:7 137:2 140:11 171:20 176:12 216:22 217:6,11 228:22 248:14 249:17 252:23 covers 145:17 coy 29:23 221:8 craig 62:21 80:12 85:21 86:2 89:13 91:12 120:8 123:14 124:15,20 129:6 134:21 135:14 137:22 141:13 142:3 144:3,5 161:18 162:18,19 175:2,7,9 243:7 created 19:19 57:4 creates 169:2 creek 5:14,21 6:6 8:7 79:23 80:2 80:4,5 90:5 102:2 110:11 110:11 111:1,3,7,12,14,17 111:21 112:8,12 115:10,18 115:18,22,22 116:17,18 117:19 118:13,17,18 119:13 123:10 125:2 126:18 127:3,8,18 132:6 creek (cont.) date 145:19 164:14,17 176:23 11:2 58:1 63:9 96:2,6 238:16,17,22 239:3,11,15 154:12 165:17 169:7 239:17,19,19 240:3,14,22 226:16,20 245:17 247:12 240:23 241:3,6,6,10,10,12 dated 241:13,17,19,21 242:2,11 8:10 242:23 248:16 255:6 265:4 dave 265:23 266:6,10,10,16 75:18 129:5 criminal david 68:9 50:10,11 188:22 crockett day 262:9 62:15,15,20,20 70:19,19 cross 77:6 78:7,8 81:16 112:9 14:5 134:22 174:20,20,21 crossed 177:16 221:6 275:1 276:1 132:19 days crosses 65:20 114:14 116:20 274:1 80:2 dc csr 150:11 4:6 274:1 deal cubic 42:15 134:5 205:20 209:4 dealing culvert 65:21 69:15 90:4 163:22 241:17 173:16 181:6,7 250:8 current deals 66:7 70:11 139:3 154:7 85:22 86:5 112:8 270:1 155:6 156:5,9 157:22 dealt curve 42:17 181:4 55:8,11 56:4,10 63:13 dear customer 274:1 64:21 182:20 death customers 187:15,16 189:16 41:12 deaths cv 188:11 1:6 2:7 debate cycle 133:4,10 158:6 decanted d 222:4 decide 144:11 52:15 130:9,10,11 decided 148:16 149:1,5 174:16 2438 115:23 decimal 154:6 110:12 113:16 decision 254:14 262:22 decline 102:9 36:23 53:6 72:3,19 97:12 97:14 98:15 102:18 130:12 143:15 144:7,8 169:1 174:2 174:8 200:23 220:9 243:5 265 17 rlatahacp decontaminated 41:3 decreased 101:23 decree 133:11 143:11,16,17,20 144:2 deep 113:16233:13 defendants 1:8 2:9 3:6 defense 15:13 deferred 90:19 define 47:8 186:17 190:21 209:22 defined 29:13 69:5 definition 29:21 186:20 219:15 220:4 degree 15:1,3,5,16,21 16:2 148:22 delaware 13:11 16:16 196:3,6 197:4 197:17 198:1,23 200:15 203:5,14 204:8,14,18,20,22 205:4 delay 153:23 154:18 delegate 164:6 delegation 163:12 168:5 delineate 221:4 delineated 221:1,2 delta 155:21 dem 158:10 democrat 152:12,13 demonstrate 113:6 density 200:4,8,16 denzel 5:19 department 16:14 20:7 22:5 23:7,14 47:6,10,14,17,22 48:2 49:20 53:7,16 62:14 65:16 65:18,20 154:21 193:23 194:5,6 222:21 247:1 269:14271:9,12 depe 31:16 depend 82:17 89:12 100:16 104:4 128:10 164:16 depending 50:1 165:1 183:18 185:23 194:3 209:22 219:14 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11534 [depending - doing] depending (cont.) details dinner discussing 240:18 23:20 90:18 102:8 144:19 140:22 43:17 176:9 depends 201:7 208:12 215:14 direct discussion 22:7 29:20 73:8 82:17 216:12 3:15 5:9 55:4 57:10 63:23 89:15 102:7 105:11,19 103:2 104:3,5 126:6 158:19 detected 65:6 71:8 85:1 87:3 161:9 114:15 115:3 120:18 167:7 32:16,20 229:19 232:5 163:20 191:22 227:10 123:22 126:5 140:9,15 depict 234:16 265:21 266:3 directed 234:4 240:16 261:16 161:14 determination 258:13 discussions deployment 116:14 162:13 164:15 direction 118:16,19,22 236:18 42:19 determinations 116:11 244:21 deponent 162:20 directly disinterested 273:20 determine 165:19 166:9 191:8,10,12 99:14 deposed 96:16,20 135:22 163:7 192:3 224:3 228:2 256:10 dismantled 11:18,20 12:1057:17,19,19 185:19 204:6 230:9 239:10 director 41:3 57:20 58:2,5,8 156:22 256:21 267:18 9:12 41:8,23 43:21 49:8,12 disposal deposes determined 49:22 52:13 53:17 62:12 156:17 196:14,23 197:9 5:5 96:3,23 188:18 229:22 66:1 71:3 73:10 96:4 100:9 208:9 215:6,7 216:6 222:8 deposited 234:20 256:15 223:10 237:23 271:15 199:9 208:13 develop directors disposed deposition 128:8 165:6 166:12,13 167:3 28:4,7,10,14,16,19 138:21 1:122:124:5,167:15,17 developed disability 197:23 205:21 206:20 9:19 10:2,11,14,18,21 11:4 45:20 97:18 98:8 263:9 209:4,14 264:10 266:19,23 11:12 14:1358:12,1360:8 developing disagree 267:3,7 60:20 90:17 176:15 274:1,1 144:1 237:6,9,11 dispute 274:1 276:1,1 development disagreement 124:7 234:7,14 238:9,10 depositions 15:7 133:6 disputes 11:1658:21 differ disbelieve 99:10 depth 154:14 72:14 dissent 230:23 difference discharge 133:11 describe 155:21 237:3,16 13:8 260:7 270:18 distance 30:7 differences discharged 117:16 described 47:13,17 123:23 204:18 262:16 267:19 distinction 44:1 259:14 different 268:3 184:7 describes 12:20 17:4 25:1,23 40:15 discharges district 120:20 47:18,18,20,21 56:13 81:22 204:23 258:15 269:12 150:13 describing 92:3 107:23 109:18 121:2 discipline disused 200:10213:11 132:11,22 133:2 159:21 236:8 43:7 description 160:17,23 162:7 163:1 disciplines ditch 84:19 120:2 213:9 165:23 170:19 171:9 23:2 110:11 133:16,22 134:8,13 desert 181:13 198:20 200:5,6,10 discontinued 134:20 17:3 221:19 238:11 240:18 156:5,6 divided deserve 259:13 discover 91:23 152:2 differently 203:9 doctor design 54:1 164:5 168:6 discovered 50:8 188:22 18:21 126:6 differs 67:6 202:13 216:18 document designed 155:14 discretion 8:961:487:1 141:11 231:17 difficult 164:12 200:22 227:8 desire 71:10 165:9 discretionary documentation 54:23 107:21 difficulty 164:14 212:20 detail 229:13 discuss documents 52:15 70:13 77:23 116:20 dig 135:11 60:6,11,23 124:15 142:22 194:12,18 195:4 211:10 218:23 discussed 227:5 231:23 232:1 240:7 224:7 228:23 256:1 257:21 diligently 102:6 138:9,14 140:19 240:17 261:22 detailed 137:17 151:7 159:19 176:12,13,21 doing 84:7 89:2 172:16 224:22 dine 177:7 234:15 258:22 5:15 7:10 20:13,19 25:20 254:13 248:3 40:21 45:16 52:2 58:22 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11535 [doing - entry] doing (cont.) drove effective employees 67:3 74:2 109:16 117:6 79:15,15 81:8,8,9,18 126:14 23:1641:1466:1871:8,9 174:10 185:16205:10 due effectively 185:21 186:6 206:6 224:19 236:22 121:22 153:23 154:18 236:3,15 employers 265:10 155:11 effects 181:19 dollar dues 268:11,15 employing 123:3 159:6 165:1 183:6 effort 234:22 dollars dug 172:22 employment 154:12,13 157:7 158:12,13 28:12 157:1 221:6 efforts 194:1 167:19,21 222:17 duly 48:6 enclosed don 276:1,1 eight 36:12 176:6 dump 170:7 266:14 enclosure door 270:5 either 83:3,8 84:6,6 85:1 88:9 212:4 dumping 12:541:1846:1249:16 ended doses 269:16 69:22 71:8 73:2 78:21 169:23 263:9,11,17 dupont 80:11 100:23 102:13 105:1 engaged double 16:10,11,17 17:6 118:17 119:22 123:14 26:13 18:22 19:3,10,13,18 20:2 duties 141:5 145:10,14 172:4 engagement doubt 18:15 22:20 45:7 62:15 185:5 191:5 195:12 208:4 205:7 153:20 167:20,22 210:7 64:7 75:1 84:23 136:18 237:1 245:5 256:9 269:13 engineer 212:3 184:23 199:14 212:3,5,10 elapsed 16:12 17:21 18:6,17 20:12 downing duty 107:20 218:17 152:9 17:11,17 electric engineering downstream dye 253:3,23 15:2,4,7,19 16:14 18:12 265:3 266:10 229:1___________________ electric's 20:7,14 22:5,11 193:22 dozen e 254:4,7 194:5 197:10,13,14214:7 10:8 dr 5:19 6:2 8:16 9:3 51:3 52:7 65:6,10,15 111:10242:10 244:15 245:9,16 267:6 draft 187:2 draw 99:22 drawing 250:22 drawings 225:15 231:7 dredge 118:12 132:5 164:13,17 253:4 dredged 118:18 drexel 15:2 drill 175:13 drink 58:17 143:7 driven 78:16 174:6 driving 80:8 81:15 105:13 123:15 drop 63:4 eac 171:7 earlier 22:10 48:22 49:4,10 51:14 55:17 68:16 76:8 92:12,18 99:3 106:6 108:22 115:7 144:6 162:3 166:18 174:22 176:14 188:23 194:18 201:14211:21 212:21 213:11 217:20 220:7 221:11 225:19 238:19 239:6 241:8 242:6 early 19:21 77:9 79:5 255:16 easements 128:16,17,23 easier 56:12 eat 103:6 104:2,7,9,14 249:10 249:11,13 edit 89:17 educate 152:6 education 14:23 16:4 effect 102:21 235:15 240:8 electronic 142:1 electronics 39:3 142:6 eley 76:21 84:12,20 85:4 eley's 77:2 84:14 eligible 41:16 eliminate 218:22 219:11 eliminating 218:13 ellen 3:3 9:18 274:1 else's 85:3,6 emelle 156:17 157:2 205:23 218:2 218:8 249:22 250:3 252:3 emergency 256:11 emissions 261:7 employed 197:18203:16210:12 234:8 276:1,1 employee 166:14 276:1 259:12 engineers 183:4,8 engineer's 200:21 225:20 enlist 238:6 ensure 35:6 41:1 ensuring 45:18,19 entails 23:8 entered 102:6 114:14254:15 enters 115:10,22 116:17 117:19 119:13 entire 18:12 62:14 65:23 134:4 205:1 222:14,16 258:4 entirely 238:11 entities 95:16 entitled 8:4 16:5 131:5 141:8 147:10 161:12253:14 entry 154:20 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11536 [enumerated - facility] enumerated essentially exceedance 177:15 92:11 144:22 113:7 environment estimate exceeded 69:8 71:16 264:13,18,20 33:22 265:1 267:20 269:18 270:1 estimated exchange environmental 170:12 211:19 9:12 11:22 12:19 14:11 estimates exchanged 15:4,18 16:12 17:21 18:6 123:4 212:17213:14 18:11,1620:12,1422:16,22 et excluded 23:6,9 24:2,14 26:13 40:11 1:4,7 2:5,8 37:10 53:21 178:17 40:22 44:10 45:4,4,10 66:20 103:3 141:21 154:1 excuse 46:18 47:5,9,13,16 48:1 183:9 7:16,20 30:14 183:21 49:1,8,12,23 50:3 51:17,22 etowah 233:21 51:23 52:13,18 53:15 62:12 1:1 2:1 exercising 64:2,5 65:1 66:2,14 69:20 evaluation 158:18 71:1,3 73:11 87:1993:16 93:19 exhaustive 96:4 100:10 103:15 147:1 event 210:12 148:8 183:4 203:8 222:22 79:15 165:23 exhibit 223:11 238:1 eventually 7:14,16,18 60:16,22 74:10 environs 70:8 74:20 82:23 241:2 40:7 everett exhibits epa 26:20 27:3 35:21 36:1,7,10 3:17 5:6 93:10,15,20 94:2 97:12,17 36:11,1537:5,7,11,13,19 existed 98:7,21 99:13 100:8 108:21 38:2,7,19,21 40:16 43:18 47:6 109:1 120:21,23 121:10 194:21 195:1 211:8,14,22 existence 122:8,22,23 123:4,19 212:1,8 214:23215:22 207:19 124:10,12 130:2,5 133:7 216:15 250:21 existing 143:10 144:11,13 145:14 evidence 66:16 69:3,5 125:3 157:15 158:10 220:9 4:17 136:6 expand 234:20 235:10 236:13,19 evolved 121:17 237:2 246:15 251:9 253:2 160:10 expect 253:21 256:8,11 exactly 258:20 epa's 20:15 23:8 26:7 33:12 expectation 123:23 143:11,13 237:9 40:21 89:19 90:21 126:23 169:4 254:7 154:10 155:9 171:5 192:9 expected epi 217:18225:15 154:13,16 168:18 172:20 190:3 examination expecting epidemiological 3:14,15 5:9 276:1 131:11 145:10 68:23 70:12 186:23 187:3,7 examinations expend 187:14,23 188:4,15,19 3:12 167:5 189:20 examined expended epidemiologist 2:12 5:4 14:5 135:21 157:8 189:3 136:15 276:1 expense equally examines 78:18 79:2 219:7 174:8 expensive equipment example 118:10 42:20 26:10,11 53:20 83:3 90:4 experience errata 93:4 101:5 131:22 138:18 68:21 72:18 124:6 125:22 274:1,1 141:20 167:17 169:15 134:4 169:1 173:22 esh 170:22 experiences 236:9 excavate 168:14 esq 125:4 expert 274:1,1 excavation 148:4 235:20 236:7,9 essence 125:7 expertise 173:23 217:9 238:12 exceed 190:6 238:7 102:2,10,22 103:8,18 104:9 experts 97:15 220:10 233:10,23 236:21 expired 243:14 expires 275:1 276:1 explain 25:4 54:12 152:20 153:1 164:19 165:10 187:10 explained 92:4 98:16 152:15225:18 228:4 explaining 226:13 explanation 6:8 155:14 243:23 explanatory 143:3 explore 228:17 257:21 exposure 96:18 97:2 99:20 118:8 144:1,7,9 185:19 186:1 187:18 exposures 188:12 expressly 131:20 extant 165:16 extensive 66:13 extent 68:13,20 133:5 135:22 228:17 extra 8:2 extraction 201:18 eye 240:3 f fabric 2611 farilitipc 19:23 40:15,23 41:2 42:1 43 6 11 13 65 4 207 8 facility 16:13 20:1,6 27:14,18 28:4 28:5,9 30:13,20,22 31:9 32:17 33:17 34:4,15 35:8 35:17,19 36:13,18,21 37:3 39:7,15,18,21 42:22,23 71:22 88:23 101:17 106:17 139:22 184:19 186:10,15 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11537 [facility - foresman] facility (cont.) faust filed fish (cont.) 188:5 202:4,6 205:22 207:5 223:18,19 13:17 239:16 253:7 264:23 209:15211:14229:18 favorable files fishing 232:3 234:23 240:1 252:20 151:22 137:8,17 141:23 205:8 258:2,16 267:20 272:8,20 fax filing fit fact 1:21 4:20 12:7 44:9,15 138:15 5:17 8:22 70:22 73:15 91:9 fda filter five 93:15 96:7 98:19 100:7 102:2,11,22 103:3,8,11,18 233:16,19 234:8 11:11 24:1635:4 40:15,23 102:21 103:5 113:4 116:15 104:1,9,17,20 105:4 113:4 filtered 42:2 144:13 158:12 168:19 140:22 157:6 169:12 113:7,12 234:2 196:15210:2 189:11,23 220:3 231:8 february final fleishman 236:19 240:19 258:22 50:5 74:17,22 75:15 83:20 9:4 160:2 164:21 199:22 150:2 271:8 107:19 108:23 116:15 222:19 flight factor 117:7 137:20 141:20 finalist 77:11 168:11,12218:12 144:23 146:12 161:20 179:18 floodplain facts 169:9 171:22 191:18 finance 117:12 123:11 130:1 145:7 100:16 243:4 feed 166:22,23 167:1 florida fail 207:13,19,22 208:1,3,4,10 financially 193:11,15207:4 89:14 feel 276:1 flow fair 126:11 133:16,20,23 find 235:6,15 51:4,8 53:11 91:11 173:19 274:1 98:22 100:11 113:10,15,17 fluid fairly feels 125:14 130:12 137:10 197:16,19 66:13 84:7 143:2 210:12 134:19 141:16 171:13 fluids fairness fees fine 27:11,13,1728:3 36:4 131:17 158:12,16 159:1,10 39:12 58:22 87:12 129:6 211:19212:18213:14 fall felder 185:9 228:16 fmc 137:1 1:122:124:55:3 9:11,17 fire 136:2,13 familiar 9:18 10:11 74:9 89:22 23:3,11 175:13 fmci 68:9 69:9 93:15 97:17 103:22 136:9 142:18 147:9 firm 165:6 186:8,11,12 188:14 189:9 228:12 270:16 273:12 3:3,7 11:6 14:8 50:19 150:3 fmci's 194:22 196:17 213:6,8 274:1,1 275:1 276:1 150:6,8,10,14 151:16 179:3 165:18 215:11 216:8,11 223:1,5 felt 179:5 182:19 fmc's 228:20 229:16 230:5 19:11 45:22 82:20 126:13 firms 135:4,16,21 248:15,19 250:16 252:20 female 150:19,23 folks 255:14,20,21 257:6,11,22 193:10 first 135:14 260:22 261:5 263:19 ferguson 7:8 16:9 19:12,18 42:8 follow 266:11 5:19 6:2 8:16 9:3 242:10 60:12 67:2 74:16 76:17 19:23 familiarity ferguson's 77:23 78:15 79:6,8 82:8 followed 156:20 271:21,23 111:10 83:23 84:13 94:23 101:10 189:13 family field 101:11 103:7 110:7 115:2 following 103:23 123:12 138:1 177:6 190:6 115:12 119:17 127:1 193:1 far 190:19 203:8 249:16 251:3 131:10 133:19 137:3 foot 43:9 59:8 60:4,5 79:19 fields 142:21 143:5 152:23 212:3 121:5 125:12,16 128:23 81:11 123:10,15251:11,14 154:17 157:10 162:4 force 129:22,22 138:17 139:2 fifteen 171:22 172:17 173:3 195:3 17:10,16 172:16 170:11 211:16 221:5 223:8 225:10 forces farmhouse fighters 225:12 228:23 242:15 15:12 198:13 23:3 262:21 269:15 276:1 ford farmhouses figure fiscal 2:14 4:6 274:1 276:1,1 198:12 56:16 88:19 138:17 155:5 168:21 forecast fashion 155:11 156:10 157:22,23 fish 154:8,9 155:6 156:5,9 130:18 197:2 200:14 39:13,20 40:3 101:5,7,16 157:16,23 169:2,21 171:3,9 faster figured 102:2,17,20,22 103:3,6,8 forecasts 109:23 110:4 87:8 103:17,18 104:1,2,8,8,14 161:17 fault figures 113:2,3,6,11,17 114:10,15 foresman 235:8,17 168:1 115:4 176:15,15 205:3 38:4 51:21 52:3 74:23 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11538 [foresman - good] foresman (cont.) foundries further 75:10,14 76:11 137:23 136:13,14 239:7 100:17 106:10,15,21 156:22 162:17 191:16,23 foundry 107:15 117:8 201:12 193:13 134:23 135:3,18 136:4 222:20 273:20 276:1,1 foresman's four future 63:15 10:13 11:1082:8 120:12 116:23 226:16 247:8 forgive 140:10 168:20 169:22 272:21 128:19 225:11 244:7 259:4 188:7 210:2 266:4 fuzzy 267:2 fourth 160:19________________ forgotten 143:10 g 14:15 26:7 38:13 65:19 76:15 99:4 129:15 181:15 196:20 form 4:146:137:3 61:1069:10 72:1,7,10 98:13,23 100:12 103:1,10 104:11 106:5 107:7,16 108:4,17 118:4 127:13 134:9 143:23 152:1 183:15 185:23 202:16,23 203:3 218:16 219:2,13 231:10 232:12,18 233:2 235:18 236:5,23 237:18,21 238:2 240:15 242:13,20 243:1,17 244:5 247:22 253:16 254:5 259:18 260:3 261:23 263:12 265:14 267:22 268:5 269:19 270:6 270:20 271:6,17 272:9,16 formality 9:14 formats 133:3 former 38:3 50:7 51:20 189:1 201:10 203:5 254:7 formerly 180:19 forms 132:22 185:6 187:23 forth 51:1278:17 forty 205:20 209:4 forward 122:7 151:15 found 44:22 215:1 233:12 234:10 238:22 252:13 253:8 255:16 264:23 foundation 6:14 7:5 213:3,22 235:19 260:4 262:1 263:13 265:15 267:23 268:6 269:20 270:7 270:21 272:10,17 frame 27:16 43:17 46:11 48:21 188:3 198:16212:12 259:12 frank 151:1,16 franklin 179:4,6 frankly 52:5 130:23 135:9 159:20 196:19 free 274:1 freed 57:8 friedman 3:4 front 8:10 113:9 149:12 200:20 fruition 153:21 fulfilling 44:6 full 62:8 177:20 fully 116:3 178:9 function 25:1 50:2 52:2 62:11 89:20 191:21 functional 25:19 52:8 57:10 70:6 functionally 54:19 55:5 56:20 163:21 224:1 functions 47:19 49:21 51:19 166:21 192:14,18 funded 165:18,22 166:9 funds 157:20 165:18 furnace 211:17,18212:16213:15 213:19214:1 galvaston 43:1 gas 268:20 gassing 219:12,16 gene 260:13 general 25:1966:19 115:3 202:10 253:3,22 254:3,6 generally 45:15 53:23 54:2 63:11 129:23 224:21 264:19,21 270:11 general's 111:19 generated 209:6 genesis 246:12 gentleman 64:14 gentlemen 5:12 geocomposite 199:23 geographical 120:2 geology 228:20 georgia 252:21 germane 243:10 gestured 80:13 getting 71:12 86:16 128:16 g> 16:6 gilhousen 269:13 gina 76:17 give 10:7,18,21 14:22 26:10 38:10 49:6 83:2 167:10 210:15 given 11:12,15 12:4 39:23 58:21 100:5 111:5 145:14 153:14 168:3,20 172:20 174:1 187:18201:9 218:5,6 261:4 261:21 262:2 276:1 gives 57:1 84:7 glad 274:1 glance 143:4 glasses 176:4 glenn 248:1,8 go 7:22 8:9,14 16:7,19 17:18 20:5 24:22 40:10 50:15 58:18,19 67:6 74:3,9 75:10 79:8,10 80:7 81:6,12 83:20 90:13 91:21 96:13 105:7 120:11 124:14 130:5 132:17 137:18 143:1 154:17 161:12 163:11 167:6 168:1 169:5 173:18 179:15 184:10 195:18,23 201:12207:3 211:6 212:14 221:13 222:23 226:8,12 228:12 250:4 273:5 goals 193:1 goes 80:9 117:5 144:8 154:20 going 42:16 43:10 45:23 54:10,12 56:20 57:8 62:23 77:22 79:9 91:3 100:19,22 110:8 122:6 134:16 135:10 136:7 141:3,4 152:20 153:13,21 155:10,11 161:15 163:19 163:20 165:9 167:19 171:4 171:5 173:11,14,16 192:9 195:5,18,22 196:8,22 206:5 224:18 golder 149:13 golly 11:20 210:2 good 33:13 103:17 134:12 141:6 146:21 147:7 152:10 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11539 [good - houston] good (cont.) guess (cont.) harbor hereunto 156:13 230:16 254:2 270:4 80:11 82:7 90:7,20 94:22 40:1 276:1 270:11 97:23 116:2 117:15 119:12 hard high goodwill 119:21 131:9 133:19 81:3 33:8 71:22 170:6 200:4,8 158:14 159:6,13 161:11 138:16 141:13,14,16 harm 200:16 gotten 156:12 161:19 162:3,7 254:2 higher 87:8 173:18 177:20,22 202:19 harmful 71:22 98:11,20 100:8 104:1 government 202:19,20,21 203:4 208:12 269:18 highest 13:18 133:13 150:7 247:16 215:14 241:4 263:3 268:16 hayden 32:19 247:16 guessing 64:15 166:17 167:19 226:1 highway governmental 76:23 226:3 80:9,20 125:1,8,11 126:2 85:17 95:16 247:14 267:15 guy hayden's 126:10 177:12 governors 260:13 262:8 64:16 hilliard 146:23 guys hazard 150:2 graduate 108:14 122:6,14,19 123:6 48:6 53:3 99:20 144:8 hired 15:3,5,10,11 270:22 133:7,20 143:18 173:4 head 5:17 87:22 89:6 236:10 grants gw 64:2 70:3,4 147:3 242:10 128:11 148:12 health history graph h 9:13 22:16,22 23:6 24:15 38:22 62:7 138:10 139:2,4 83:14 161:13 168:16 graphs 162:2 great 56:5 142:16 195:21 greater 113:19,23 114:2 217:11 greene 3:8 274:1 greensboro 3:8,8 274:1 griding 251:4 ground 30:13 243:4 grounds 4:15 groundwater 30:14 33:16,18 35:6 95:4,7 95:18 96:6 101:4 145:8 148:13 201:4,6,23 202:14 228:18 231:9,13,18 232:2,6 232:11,17,21 233:14,17,20 234:3,11 235:2,6,15 236:3 236:16 237:17 group 14:3,9 23:1 45:9 53:12 54:4 56:18 65:5,12 86:20 181:9 193:12 223:15 227:19 groups habit 134:3 hamsher 151:1,3,7 hamsher's 151:16 hand 92:2 121:1 276:1 handle 66:5 85:23 90:15 163:22 246:5,6 handled 50:7 51:20 55:23 165:5 handling 49:21 51:1,18 90:23 91:9 91:15 224:3 245:20 handout 14220 handouts 142:23 171:11,14 handwriting 82:8,21 83:1,10,13 88:3 handwritten 8:12 88:10 90:13 128:3 137:3,4 140:11 147:2 158:8 hanson 193:7,10,14 hansons 193:9 happen 44:10 45:5 46:18 47:5,10 47:14,16 48:2 49:9,13,23 51:1,6 52:14 53:16 62:13 64:3,5 65:2 66:2,15 71:1,4 73:11,12,17,18 96:5 100:10 103:16 186:8,13 223:11 238:1 247:1 268:10,15 270:2 hear 72:6,9 heard 115:12,14 127:6 144:19 159:18 229:13 260:16 262:8,11 272:11,13 heat 27:10,13,17 28:3 36:3 197:16,19211:18212:17 213:14 heavy 55:3 held 89:15 144:11 163:17 173:3 261:16 helms 3:7 274:1 help 55:10 92:6 147:15 161:16 179:7 203:16 274:1 helpful 195:5 194:1 232:14241:5 hit 12:1 hog 248:19,22 249:10,11,13 hogs 249:2,7 hold 128:8 holder 128:4 holding 49:18 holes 221:6,8,23 holland 150:9 homes 81:8 129:23 130:15 132:13 honest 157:9 honestly 78:17 85:11 hope 152:2 hopper 76:18,19 148:7 175:5,7 hopper's 192:22 hot 64:22 128:10 181:3,5,6,10 237:5 helping 31:11 32:22 34:20 217:12 181:14,19,20 182:15 happened 46:17 217:14220:22 221:10 guard 57:13 144:20 171:21 helps 222:11,12 183:8,10 184:3,6 guess 10:9 17:14 19:9 38:3 42:12 51:15 55:14 56:16 77:16 209:20 246:3 happens 87:12 237:8,14 82:1 225:19,19 hereto 276:1 house 67:11,13271:9,12 houston 3:4 20:20,23 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11540 [hudson - invalidate] hudson impact increasing 253:4,9,15 254:12 69:20 71:1,2 113:17 human impacted independent 105:1 201:4 202:14 204:15,21 93:18 182:15 humans 205:20 207:14 215:8 216:6 index 263:8 impairment 3:12,17 hundred 263:10 indicate 219:11 implementation 236:20 237:1 hundreds 164:9 165:14 indicating 33:3 implemented 62:3 husband 163:8 184:18201:7 231:14 indirectly 193:14 implementing 54:5 256:10 hydrogeologist 174:6 individuals 201:20 implications 9:20 13:20 hydrogeology 166:8 industrial 235:20 implies 15:1223:11 35:1345:10 hydrologic 117:15 51:11 52:21 68:2,3,5,10 201:3 imply 135:9 185:2,8,17 186:21 hydrology 117:16 187:20 190:9 230:5,9,17,22 important industries hygiene 69:19,22 71:4,6 174:4 37:10 204:23 23:1245:11 51:11 52:21 237:17 242:17 243:15 industry 185:2,8,17 186:21 187:20 257:4 19:9 39:3 97:23 99:13 hygienist impoundment 206:17 262:21 269:16 190:9 207:12,21 270:4,17 271:4 hypothesis impression infer 130:13 105:14241:14 186:16 199:10 improvement information ibt 68:21 ibt's 68:18 idea 19:7 27:1228:13,15,17 35:15 103:17 123:5 127:16 134:18 146:21 159:15 167:13 209:19 256:17 261:1 264:9 270:4,11 identified 212:21 214:23 215:23 217:3 220:23 221:1,6 identifying 110:17 ih 53:21 185:7,8 186:22 illinois 223:1 immediate 190:6 immediately 35:11 immobility 218:6 immutable 220:15 225:22 262:10 incentive 193:3 incinerated 198:23 216:15 220:20 269:1,4,7 incinerator 269:5 include 24:3,6,10 32:8,13 48:23 95:19 129:21,22 159:1,10 200:9 included 142:15 187:9 includes 53:5 143:12 including 30:13 64:20 187:14 197:1 220:2 256:23 incomplete 210:14 inconsistencies 238:8 incorporated 46:21 274:1 increased 41:9 44:7 71:5 98:5 100:21 104:5 143:21 195:21 212:23 228:15 242:17 256:21 261:19 informed 211:12 224:16 233:8 initial 41:1 93:4 226:2 initially 26:19 45:9 initiated 19:7 input 90:1 148:6 162:17 192:21 inputs 174:2 inquiry 246:5 inside 201:22 insisted 32:6 253:22 inspect 79:10 inspection 80:17 install 230:17 installation 215:9 216:7 installed 33:17 instance 23:12 42:18 61:22 67:2,4 104:22 187:22 225:10,12 225:21,23 251:8 instances 268:17 institutional 30:17 31:15 32:1 34:22 118:5 127:13 180:14 instructions 137:9 insurance 11:13 insurer 121:4 integrated 143:16 intellectual 263:10 intended 218:5 intention 75:1 240:13 inter 94:6 interaction 247:19 interest 14:3,9 interested 276:1 interesting 125:14,17 intermediate 57:5 internal 46:2 64:22 143:22 158:21 238:4 268:9,13 internally 66:9 international 181:7 interplay 105:17 interrogatories 61:17 intersection 115:17 interviewed 258:18 262:5 invalidate 68:19 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11541 [investigated - know] investigated january kaley's knight 254:12 141:9 142:19 145:2 158:2 147:21 150:9 investigation 169:6 170:1,8 karl know 30:12 66:5 90:2 92:2,10,22 jeffrey 248:11 17:14 19:12,18 27:16,20 94:17 111:20 157:15 1:122:124:55:3 9:17 karl's 31:7,23 32:15 35:10,11 169:16 239:10 258:15 274:1 275:1 276:1 258:11 36:5,6,17,20 37:2,12,17,20 investigations jerry kasowitz 39:17,20,22 40:2,4,8 47:8 201:3 261:13 64:14,16 76:18,19 148:7 3:4 50:17,23 57:16,18 58:2,4,8 involved 166:17 167:19 175:5,6 kearny 59:21,22 61:8,14,17 62:1 18:18,20,21 20:20,21 27:8 226:1 26:19 27:3,5,14,18 28:4,5 65:23 68:5,8 69:20,23 70:1 35:2 36:11,15 38:20 39:8 jersey 28:20 29:1,15,17 32:2,20 70:4,8 71:5,6,7,10,15,18,18 42:6,9,22 43:12 46:17 13:12 17:22 26:19,20 27:3 33:17 34:4,15 35:8,16 36:2 71:20 72:4,20 73:1 75:12 62:18 67:20 84:17 89:11 27:6,14,18 28:4,5,20 29:6,9 37:8 38:11 39:6,7,12,14,18 77:1 78:12 79:1,14 80:21 112:2 121:15 122:12 30:9 32:3 34:2,16,18 39:14 39:21 40:16 43:18 97:5,6 84:15 85:7,15 87:13 89:5 144:14 145:4 150:20 40:16,16 194:16221:14 194:19,20 195:1 208:15,17 90:17,21 91:5 94:8,8,23 165:11 166:4 187:2 194:14 jim 208:20 216:20 220:20 98:2,14 102:1,15 104:8 194:15 195:1 203:13 227:9 149:15 166:22 176:4,5 222:10,19 250:19,20 108:5 110:21 116:2 117:3 245:4 260:16 keep 118:14 120:4,9 121:21 involvement jo 142:5 171:4 242:4 122:21 123:7 124:11,17 38:13 184:16,21 224:10 193:6,10 194:5 keeps 125:10 126:1,4,8 127:1 227:21 job 55:3 143:23 128:23 129:9 136:23 involves 16:9 41:6 48:17,20 49:5,10 kelly 137:21 138:15,21 139:6,8 140:1 49:22 51:14 71:7 73:9 91:3 3:7 6:13 7:3 62:3 69:10 139:14 143:20 144:3,16 involving 91:4 141:14 145:2 160:9,20 72:1,7,10 98:13,23 100:12 145:3,15,22 146:10,16 12:6 161:5,7 167:10 172:20 103:1,10 104:11 106:5 147:12 150:11,14,18,21 island 191:6,20 236:22 107:7,16 108:4,17 134:9 151:21 152:4,7,13 156:7 40:6 jobs 142:9 152:1 183:15 202:16 157:7 160:2 161:10 163:15 issue 19:4 25:1241:14 202:23 203:2 218:16 219:2 163:16 164:13 168:12 12:22 13:15 38:2 48:6 52:8 joe 219:13231:10232:12,18 171:12 173:9 177:20 56:6 91:10 95:12 96:1 193:8,14,17 262:8 233:2 235:18 236:5,23 178:12 179:5 185:7 186:4,7 99:19 109:4 115:23 117:4,8 jogging 237:18,21 238:2 240:15 189:19 190:2,7,11,18,23 119:19 120:21 127:20 196:19 242:13,20 243:1,17 244:5 191:5 193:5,6,8,10,17 128:21 134:14 229:22 john 247:22 253:16 254:5 195:22 196:1,11 197:2,6 230:4 234:9 236:9 22:19 91:12,17,17 176:2 259:18 260:3 261:23 198:3,16,22 199:2,4,5,8,20 issued joined 263:12 265:2,14 267:22 200:12,19 202:7,13,18 6:2 9:1 175:5 181:23 271:13 268:5 269:19 270:6,20 203:12,17 204:1,5,10,13 issues jones 271:6,17 272:9,16 273:17 205:3 206:2,9,19,23 207:20 12:6,11,20 49:1,2 50:3 51:2 75:21 76:13 274:1 208:3,4,7,15,16 209:1,7,8 51:6,17,22 52:19,21 53:1 judging kelly's 211:20213:17,21 214:3,5 56:7 65:22 79:20 85:23 150:17 137:9 214:12,15,17,20 215:2,14 90:15,23 91:16 94:22 95:2 july kept 215:18216:2,14,17220:19 96:14,22 101:4,8 106:1 49:15,16 51:5,9 57:20,22 143:23 261:6 220:22 226:7 227:4,6,7 119:16 140:18 161:3,4 june key 228:14 229:6,11 230:1,8,13 212:7,8 239:21 244:16 49:16 51:5,8 83:5 86:19 87:1 88:9 90:7 230:16,23 231:3,11,12,13 245:3,10,16 246:16,19,23 junior 147:11 231:17,20,21 232:2,14,16 268:17 149:11,13 kind 232:20,23 233:7,12,15 item jurisdiction 12:1829:3 40:1261:18 234:13,19 235:5,9,10,12 93:21 131:13 13:3 64:23 81:3 83:20 95:3 236:6,12 239:4,22 241:23 items jurisdictions 133:13 148:2 160:7 175:14 242:17 243:20 244:11,19 95:3 140:10 144:12 255:3 124:5 178:6 211:10 244:21 246:1,3,4 249:20 j Jacksonville 235:7,17 james 189:1 jury kinds 5:12 136:7,17 94:20 k kaley 65:6,10,15 147:19 174:18 knew 59:20 71:8 91:3 118:2 208:1 221:8 244:15,22 245:2,9,16 267:6 250:1,13,14251:2,9,13,18 251:22 252:2,5,13,16 253:6 256:2,5,14,23 257:3,4 258:23 259:20,23 260:1,9 260:13261:6,9,14,15,18,21 262:2,4,23 263:5,22 264:5 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11542 [know - location] know (cont.) landfill (cont.) learned limits 264:15 265:9,10 266:14,19 196:16 198:1 199:3,6,8,17 28:10 67:7 117:23 199:12 102:3,11,23 103:9,18 104:2 266:22 267:3,11,11,13,17 200:18 202:8 204:3 208:9 learning 104:9 113:7,12 163:9 265:1 268:1,13,20 269:2,3,21 236:17 255:15,17 55:8,10 56:4,10 63:13 line 270:9 271:7,11,11,18 272:2 landfills leaving 25:8 69:6 272:3 273:1 19:3,14 20:2 93:5 105:10 94:5 235:2 lined knowledge 105:12,19 106:4,7,17,23 led 18:22 19:3,10,13,18 20:2 36:9 38:1,5 70:2,11,15 107:15 108:13 257:8 268:4 23:1 45:9 48:4 199:8,11 112:7 135:4,15 139:12,20 large left liner 139:20 140:3 146:7 157:4 4:8 21:3,15 44:7 57:7 263:9 20:5 35:5 50:16 192:10,11 127:7 199:19207:14 157:10 188:21 190:14 larger 222:5 lines 197:22 199:1 203:10 172:15 legal 25:8 68:14 205:14,23 206:10 208:23 lastly 18:23 19:2 184:7 liquid 209:13212:16213:13 133:15 legitimate 199:3 221:21 257:9 260:1 219:18 220:21 226:5 late 237:2 list 228:17 234:18 238:15 94:4 length 32:6 63:17 83:4 84:7 87:1 244:7 269:8 271:18 276:1 lately 205:1 88:8 90:7 101:5 146:19 knowledgeable 179:23 lengthy 147:11,13 150:18 195:3,17 117:1 latest 32:6 210:12 known 188:8 letter listed 116:13 119:8 148:4 207:18 law 217:16 222:21 42:3 86:19,23 96:21 101:3 269:15 270:3 3:3,7 11:6 14:8 29:9 65:20 level 138:5,6 152:5 235:22 kriegshauser 165:15 179:16 182:19 32:19 99:7 126:1,11 164:8 listen 1:19 2:13 274:1 276:1 189:17 190:12221:14 165:23 167:4 189:2 190:18 238:7 krummrich 236:8 269:14 190:20,21 191:1,2 199:5 literally 46:14 186:14 187:4,7 188:5 lawful 250:1,2 251:22 256:11,14 92:5 129:13 167:8 222:23 223:3,6,13 224:11 5:4 levels literature 224:17 226:12,13,14,23 laws 32:15 34:23 71:20 72:22 67:1 68:23 69:9 70:12 1 l.l.p. 3:4,7 274:1 la 43:2 lab 266'17 labels 53:6 laboratory 67:14 lacking 200:23 ladies 5:11 lady 76:16 lagoon 215:2,6 220:15 73:3 98:6,12,19 100:7 268:19 lawsuit 101:16 102:22 103:8 104:1 litigation 108:15 104:8 113:17 114:4,10,16 11:1384:3 105:15 108:3 lawyer 115:4 120:4 176:15,16,19 109:6 11:3 14:4 33:14 60:21 82:6 185:19 206:23 208:13 little 139:13,15244:19245:3 220:5 222:4,7 250:5 252:13 112:19 113:22 118:2 lawyers 253:6,8,11 264:23 148:16,20 155:17 156:4 178:6,21 195:17 196:12 lever 157:12 160:19 194:10,11 199:21 217:1,17245:12 105:10,12,20 107:22 194:20 196:20 lay liberal live 82:2 110:14,14 152:10,12,15 252:21 layer license lived 213:6 214:13 200:22 250:7 103:23 243:12 lead lid liver 88:2 89:20 90:9 229:18 259:16 272:7 263:20,22 264:2,6 268:14 life lives leader 17:9,12 24:7 185:6 35:16 193:11,15 45:3 48:11 53:14 54:4 light lobbyist 56:17 183:14 227:21 271:3 170:23 223:18,22 247:20 248:2 leaders lightfoot local 80:7,15,18 110:12,13 113:1 113:2,10239:17 land 82:2 landfill 18:22 19:10,19 93:21 94:2 94:19 108:21 109:1 138:22 152:5 183:16 271:4 leading 4:14 44:12 45:17 46:19 238:17 learn 56:15 89:10,12,14 127:19 129:3 138:23 156:22 157:1 179:4,6 limit 12:3 113:5,14 118:8 limitations 142:5 limited 94:18 160:9 173:22 247:14,15 located 16:15 17:23 35:8 37:5 175:8 198:4 206:15 209:20 229:16 260:10 272:2 location 21:17 22:17,18 23:4 42:21 117:18 255:17 265:2 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11543 [locations - mean] locations m malow (cont.) maps 180:12 185:15 265:23 m.d. 106:10 107:9 108:1,9,19 37:15 logan 190:8 134:12 142:7,16,17 147:9 march 80:7,15 110:12239:17 ma'am 152:3 183:20 202:20 141:21 172:4,8 223:7 225:7 loggerheads 9:17 11:7 13:19 18:1020:9 203:12 218:20 219:4,21 276:1 123:19 21:19 22:3 23:9 24:5,8,12 228:8,11,12 231:11 232:16 mark logical 27:1 28:6,8 31:22 33:19 232:22 233:4 235:23 96:15 246:10 58:7 63:12 238:7 34:10 35:18 38:8 42:4 236:12 237:5,20,23 238:14 marked long 43:19 44:14,17 46:15 47:1 240:20 242:16 243:11,22 5:7 7:14,16 60:15,22 74:4 16:17 17:8 18:5 22:4 24:13 47:3 48:9,19 49:19 50:14 244:9 248:4 253:19 254:9 241:1 25:16 26:21 40:18 43:20 52:15 53:18 54:7,14 55:16 259:20 260:6 261:18 262:4 markings 44:18 46:5 48:10 184:11 57:3,15 58:10,14 59:3,6 263:19 265:3,6,19 268:1,8 83:17 185:11 270:3,14 60:2,9,17 61:2,6 62:9 64:4 269:23 270:15 271:2,8,20 marque longer 64:12 65:17 67:19 69:2,18 272:13,19 273:7,12 274:1 43:2 27:1931:1036:1937:1,16 74:15,19 75:6,11,16 76:6 mammalian married 70:22 85:20 89:4 101:7 76:19 78:6 79:12 80:16,19 105:1 193:17 226:18 243:12 82:1 84:4 87:6 90:10 91:18 man martin look 95:6 102:16 104:18 110:19 260:16 80:7,15 110:12239:17 8:22 73:6 79:1,22 80:5 81:6 112:10 115:1 123:13 manage mass 83:18 124:15 130:19 125:23 126:23 128:1 55:3 115:8,20 116:5,8,15 119:18 147:10 153:6,22 187:15 129:20 133:14 137:11 manageable massachusetts 227:8 250:4 254:10,18 140:13,17 150:4 153:2 55:1 26:20 27:4 35:22 36:1 255:2 273:8 155:4 157:5 158:3 162:10 managed 40:17 194:21 looked 166:17 173:13 189:22 63:1 master's 60:11 61:1,5,21 112:23 207:23 216:3,10,19,21 management 15:18 117:8 130:23 131:1 138:4 223:12 227:23 229:8 15:6,21 16:2 44:13,15 match 141:23 162:3 225:15 230:15 237:13 240:4 246:9 53:13 54:3,16 148:9 149:19 153:8 164:6 looking 251:21 252:1,4,7,12,15,19 165:4,7,8 166:4,11 205:22 material 8:17 88:7,8 153:7 158:11 252:22 253:5,10 254:16 manager 53:5 121:14 127:17 146:13 203:19261:11 255:18 256:22 260:15,23 25:3 26:14 40:11,22 75:18 215:9 249:21 250:10 looks 262:7 264:8,11 266:13,18 managers 251:19 268:23 83:16 91:22 110:14 169:15 266:21 267:21 272:11,18 52:1 materials 169:19 170:5 272:22 273:4 managing 26:9 197:1 208:10 219:20 loper mail 56:8 220:6,15 221:7 90:8 91:17 176:2 63:4 94:6 139:18 140:5 manhattan math loss 229:20 40:6 33:13 23:10 53:1 main manner mathematical lot 22:2 67:8 84:18 134:3 154:4 122:14 135:14 224:7 maintenance man's matter 226:14 250:11,23 148:10 175:19 10:16,17 14:17 19:1744:19 lots major manufacture 102:5 171:1 179:13238:12 72:17 204:23 56:18 135:2 210:16 18:2 30:4 38:14 71:14 matters louis making 190:11 259:2,11 263:23 148:5 181:8 276:1 1:21 2:14 4:8 5:1 15:9 20:8 25:11 63:8 135:6 manufactured maverick 22:6,19 45:14,15 75:7 maleic 38:18,23 39:1,4,7 70:23 149:17 76:10 149:6 174:14,17 210:18,22 198:15,19 210:8,17,18 maximum 260:22 261:3 276:1 mall 211:3,5 239:23 268:21 263:17 louisiana 80:3 81:18 127:11 146:12 272:4 mca 3:4 155:6 177:10 191:3 241:6,7 manufacturers 180:19 181:21 low 241:9,11,11,16,16242:3 181:12 182:14 mean 220:1,5 222:4 263:10 251:18,20 252:6 manufacturing 86:2 93:14 94:23 95:1,9,15 loy malow 13:9 21:641:11 138:19 96:16 97:20 99:12 101:6 110:12,14 3:3,15 5:10 6:20 7:6 9:18 180:16 181:16212:7 259:8 102:10,12 106:10 113:23 62:1,4,6 69:12 72:5,8,20 map 115:11 116:4,6 117:14 74:5,8,9 89:17,19 98:18 82:3 122:2 126:21,23 129:12 100:1,20 103:5,14 104:13 130:8 132:20 149:11 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11544 [mean - mortality] mean (cont.) member mike (cont.) model 152:11 154:3 155:10,20 180:13,16 182:22 183:2,3,4 79:1580:11,12 91:4 123:14 31:5 157:19 160:20 167:16 184:2 194:6 137:22 162:16 163:16 moment 178:10 192:17202:18 members 223:17 246:12 252:23 8:1881:1788:1491:18 233:5 237:11 241:10 172:23 180:18 193:21 mileage 120:10 127:4 132:10 259:16 memo 79:19 167:15 168:7 182:10 183:5 meaning 77:2 miles 184:1 201:13 258:9 267:2 29:11 32:23 42:14 86:9 memory 198:10 moments 155:21 195:14 61:2 131:3 196:19248:10 military 145:23 251:17 meanings mental 12:2 183:7 moment's 240:18 263:8 miller 251:16 means mention 176:7 monetary 25:4 88:21 89:3 96:19 177:5 196:5 million 168:9 101:9 114:2 115:20 116:3,6 mentioned 33:4,6,9,11 104:20 123:3 money 116:7 128:12 129:10,13 14:19 21:22 22:10 35:20 158:12,13 159:6 167:18,21 122:15,19 153:12 155:23 148:11 154:9,10 155:13 68:1676:8 81:1791:18 222:17 249:12 218:21 227:3 156:12 157:20 219:16 101:13,20 115:7 123:14 mind monies meant 127:9 146:17 166:18 58:17,18 96:3,23 108:5 167:5 59:11,22 83:22 90:22 92:15 174:22 262:12 111:5 195:13 225:20 242:4 monitor 105:18 109:12 112:13 mercury mine 231:8 236:3,15 115:19 128:6 129:10 139:9,19 140:1 229:19 65:11 83:12 186:20 monitored 132:21 230:14 257:22 258:1,15 259:1,3,6 minute 35:3 182:19 187:6 measures 259:15,21 260:2,7,20 261:2 7:20 11:21 26:6 176:4 monitoring 100:14,15 126:17 222:18 261:7,10,19 262:6,15,17,19 255:18 33:16 39:18 97:8 156:3 222:19 262:22 264:12,17,23 265:7 minutes 185:1,3,6,10,17,20 186:5 mechanical 265:13,21 266:4,19,22 273:8 186:22 187:3 201:16,16,17 15:2 267:14,19 268:3,10 miscellaneous 220:8 230:10,12,17,23 mechanically met 84:21 147:20 148:14 231:4,14,18 232:6 234:17 122:3 9:19 75:22 76:1,2,12 87:14 150:16 236:1,14 243:5 257:11 media 151:1 175:22 179:11 mislead monsanto 245:23 223:17 246:10,12 39:11 183:23 1:7 2:8 5:13,17,20 6:2,4,10 mediation metalized misleading 9:2,6,21 12:5 13:6,17 16:1 101:12 26:8,11 186:19 191:14 16:4 17:19 19:23 34:3 medical metals misread 37:23 45:6 46:4 47:7,16 23:13,15,22 50:8 184:12,17 113:1 92:9 62:8 68:7 180:4 182:1,3,8 184:22 186:13 188:22 methodology missed 183:13 184:15,18 185:21 189:23 190:4,12,16 271:9 100:3 241:4 227:17 234:23 242:9 244:1 271:12 methods missionary 248:16,20 249:1 256:3 meet 220:17 271:16 131:10 259:6 261:6 268:9,14 75:17 76:4,18,19 methyl mississippi 269:10 271:3,8 meeting 262:17,19 263:7 5:20 9:7 115:16 242:10 monsanto's 3:19 75:21 77:23 78:1 82:5 michael missouri 68:12 189:4,19 260:6 82:12 83:20 86:16 92:16 3:7 274:1 1:21 2:15 4:7,8 5:1 15:6 month 93:4 94:12 101:19 108:8,11 michigan 276:1 49:14 161:21 108:23 114:13,17,22 115:2 205:13 misspelled monthly 116:15 118:2 124:1 127:20 mid 112:16 141:10,17 142:14,19 129:4 137:4,5,6,13 139:2 15:23 misunderstand months 142:21,23 144:10,14,20 migrated 241:5 16:18 44:20 78:3 107:19 146:11 147:5 151:10,12,13 28:22 204:6 mix 141:18 168:20 172:10 161:20 169:8 171:14,16,22 migrates 47:20,21 198:17 225:6 172:2 174:11,13,19,21 201:23 mixed moore 175:6,12 177:7,8 178:16,23 migration 33:1 111:4 3:7 274:1 234:5 273:3 28:18 35:7 37:18 118:6 mo morning meetings 221:17 2:14 276:1 77:8,9,10,11 78:14 82:16 114:7 173:2,22 182:9 mike mode mortality 212:2 224:19,20,22 240:11 38:4 51:21 52:3 74:23 164:3 227:7 187:21 188:2 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11545 [mountain - obtained] mountain nearly new (cont.) notice 42:23 123:9 257:19,20 3:194:1961:11 251:16 move necessarily newspapers november 109:21 113:18 122:7,17 63:3 86:21 102:10 204:21 204:17 209:17 151:15 153:16 171:10 219:3 257:5 nice number 172:2 205:12 208:22 necessary 40:5 8:6 10:7 14:15 26:4 29:13 moved 4:12 32:10,11 41:4 106:9 night 32:4 41:18 84:5 93:21 51:12 155:23 239:18 109:16,19 116:8,13213:21 16:7 77:13,16 78:13,16,21 96:13 102:14 105:8 156:13 movement 259:2 ninth 156:18 157:16 159:19 52:6 need 133:16,21 134:8,13,20 160:23 163:14,14 175:13 moving 6:17 7:13 58:15,23 59:17 nitro 180:10,21 201:15 222:13 109:23 110:4 121:16,22 73:8 89:12 99:21 116:16 271:21,23 272:8 231:3 239:8 150:1 257:19 118:23 119:11 130:9,10,11 noise numbered mulliss 141:6 144:7,8 153:11 186:1 8:20 3:7 274:1 173:19 175:19 193:6 nomenclature numbers multi 194:11 228:8 230:8,12 171:1 98:3 101:19,21 102:15 213:6 214:13 265:16 nominally 118:15 266:7 mutually needed 116:21 188:7 209:17 nutshell 54:21 45:19 82:20 144:4 146:13 nominated 138:11__________________ myers 259:10 129:16 o 50:21___________________ n naked 240:3 name 9:15,17,18 11:1 14:4,8 61:23 76:15,17 77:2 86:14 141:12 146:19 175:19 194:16241:19246:11 262:12 named 64:14 243:9 260:13 262:8 names 43:3 76:23 84:8 national 15:13 183:8,10 184:3,6 nationally 148:4 nature 39:23 138:23 208:14 215:16 220:15 228:19 257:6 nc 3:8,8 274:1 near 35:8 37:5 39:14 43:1 78:10 78:1281:7,10 101:17 123:10 127:11 138:6 198:5 198:6 204:14 205:4 206:15 209:21,23 210:5 265:23 272:21 nearby 35:14 79:18 204:12 225:17 nearest 35:1637:12210:1,3 needs nominating 106:15 183:19 265:12 193:2,2 negotiate normal 122:7 134:3 136:18 139:23 159:8 negotiated 164:3 227:7 159:3 normally negotiates 58:16 148:11 191:20 238:13 214:11 negotiations north 144:12 1:20 2:14 3:7 132:8 157:18 neighbor 274:1 204:12 notarial neighborhood 276:1 9:22 35:9,10 37:6,6 198:5,9 notary 204:7,11 206:16 209:21 2:15 4:7 274:1 275:1 276:1 neighborhood's 276:1 198:11 note neighboring 8:12 74:19,20 84:21 86:15 269:17 270:5 88:20 90:22 93:20 94:16 neighbors 105:21 118:3 148:17 155:7 71:21 73:4,13,19,22 81:5 155:17 156:16 157:12 85:17 86:9 161:6,9 158:1 neither noted 43:3 276:1 55:17 nerve notes 268:20 3:19 82:7,11,15 83:19,23 neural 86:13 88:10 89:3 90:14 272:7 92:5,20 95:13,22 105:7,22 new 107:18 108:18 110:8 112:5 13:11 17:22 26:19,20 27:3 112:6 113:5 120:12 124:3 27:5,14,18 28:4,5,20 29:6,9 128:3 132:17 133:10 134:1 30:9 31:6 32:2 34:1,16,18 137:3,5,6,13 138:13 140:11 39:14 40:1,15,16 55:7,9 140:21 147:2 149:15 66:15,16 166:6 168:23 152:19 153:23 158:8 170:22 171:6 172:22 174:2 160:22 171:13 273:9 174:2 194:15 221:14 225:2 o&m 148:8 oak 252:21 oath 59:2 183:22 276:1 object 6:137:3 69:1072:1,7,10 98:13,23 99:1 100:12 103:1 103:10 104:11 106:5 107:7 107:16 108:4,17 134:9,10 152:1 178:7 183:15202:16 202:23 218:16,21 219:2,13 231:10232:12,18233:2 235:18 236:5,23 237:18,21 238:2 240:15 242:13,20 243:1,17 244:5 247:22 253:16 254:5 259:18 260:3 261:23 263:12 265:14 267:22 268:5 269:19 270:6 270:20 271:6,17 272:9,16 objected 203:2 objection 6:19 134:13 objections 4:12,1561:11 62:4 129:9 obligations 135:10 observation 85:3 obtain 15:15 obtained 16:2 129:1 261:19 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11546 [obviously - parties] obviously okay (cont.) organization page (cont.) 32:8 63:12 108:6 121:10 238:14,21 245:8 248:12 46:3,19,20 182:12 168:17 169:5 171:5 274:1,1 123:2 144:1 145:14 147:4 249:9 250:20 252:9 254:22 organizational 274:1,1 275:1 189:15 192:21 200:7 238:5 259:15 261:6 265:19 45:21 46:1 168:4 pages 240:16 250:5 271:14 organizations 82:8,10,22 83:17 88:13 occasion once 84:9 180:15 181:2 162:4 274:1 114:16 175:22 10:6 12:1720:1448:1 orientation paid odd 167:23 75:5 81:21 225:14 16:4 252:5 179:12 ones originally paper offensive 12:4 22:2 27:2 42:3,5 154:16 39:2 142:1,5 178:10 177:13210:16 ought paragraph offered ongoing 133:17 91:21 123:18 125:1 129:21 4:17 49:4 254:23 62:17 66:22 67:8,16 127:23 outbreak pardon office 140:9 166:3 172:21 188:6,8 272:6 233:18 248:21 3:8 76:2,16 94:5,6 124:16 open outline paren officer 95:3 96:1,11,12 101:8 253:1 156:4 184:5,6 115:9 outplacement parens offices operate 41:13 109:10 110:9 119:2 132:18 2:13 24:23 225:16 276:1 121:12 133:3 163:18 outside parentheses official operating 67:17 87:21 139:6 165:21 84:2 119:21,23 246:15,20 247:2 63:19 168:14 175:17212:3 parenthetical officially operation overall 119:20 155:2 22:7 38:7 164:3 223:6 park officials operational overseas 10:7 33:22 156:18 167:16 247:15 35:1 17:17 189:15 170:5,10 oftentimes operations oversee parking 99:10 18:1841:9,11,23 43:21 41:1042:18 250:11,23 oh 134:23 135:5,9,18 148:9,10 overseeing part 14:1 39:4 62:4 75:12 81:1 operator 20:16 25:5 251:10 15:13 27:23 30:23 57:3,12 210:10 248:23 122:4 oversight 65:20 69:13 73:15,21 80:3 okay operators 54:17 57:11 124:9 149:3 82:22 129:20 136:18 140:8 9:9 17:5 30:1 47:12 50:3 122:1 158:12,16,18,22 159:1,10 156:23 165:17 168:13 51:13 52:17 53:10 57:8 opinion 228:3 172:21 178:16,18 179:19 59:23 60:18 62:6 67:16 104:19,22 219:21 237:3,16 overview 200:17211:4 223:9,9,15 74:3 79:8 81:4 82:4,21 254:21,23 255:1 138:9 140:14 232:14 233:13 239:20 85:21 86:18 87:21 88:17,19 opportunity owens 246:8 259:7 261:11 263:23 89:5,17 90:13 91:17 92:8 255:2 10:19 partially 94:1,10 96:2 98:18 101:3 opposed owned 165:20 104:19 107:12 108:19 231:22 165:20 269:5 participant 109:5 110:23 111:9 113:15 opposite owner 175:16 114:17 117:17,21 120:4,11 116:10 122:4 participating 121:5 125:1 126:16 127:1 order ownership 224:20,22 130:5,14 134:16 136:12 44:6 60:7,13 64:21 109:14 29:12 participation 138:16 140:7 141:16 132:22 144:6 157:14 oxford 92:16 143:20 146:3,10 148:15 ordered 81:11 119:2,14 123:11 particular 149:21 150:9 152:3 153:3 230:20 156:18 170:5,10 177:6 13:9 20:17 21:6 25:6 39:1 153:15,20 154:9,17 161:22 orders 190:19249:16251:10 66:9 75:4 85:15 101:12 163:4 164:21 169:11 157:13 252:11 124:12 164:22 187:13 170:18 173:1 174:11,23 ordinarily 176:1,8 178:16 182:2 192:9 94:19 193:17 194:21 196:3,11 ordinary 198:14 200:3,14 201:2 11:23 202:7 204:13 205:3,12 organic 209:20 210:15211:8 181:11 182:13 196:23 217:14 221:16 225:8 227:9 219:18 227:19 231:13 236:12 P 221:4 230:21 233:23 packs particularly 1785 16:5 243:2 page parties 314 18 7 22 8 3 15 17 837 109:8 110:8 119:22 120:11 128:2 131:6 137:18 143:6 4:4 95:14,20 115:7 121:5 121:11 126:22 134:19 174:3 276:1,1,1 145:18 147:12 150:1 158:9 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11547 [parts - plant] parts pcbs (cont.) period (cont.) phrased 33:3,6,9,11 104:20 107:2 259:2,4,11 264:20 268:23 206:8 209:12 59:14 106:12207:16 126:17,18249:11 269:7 periodically physical party pcc 142:9,13 65:4 117:16219:19220:14 68:18 93:18 110:7 152:11 233:21 perjury 241:11 263:9 152:16 205:7 269:6 pep 59:5 physically pass 217:21 permanent 161:9 175:7 218:15,23 273:15 pda 218:13,22 219:7 219:10225:17 passing 196:22 permissible pie 196:18 peck 222:8 153:6 162:2 168:16 pathway 149:12 176:3 179:10 permit piece 96:14,18 penalties 13:8 166:6 192:7 pattern 59:4 269:9 permitted pieces 82:14 134:3 pending 31:5,8 32:17 65:3 153:5 pave 10:22 13:1 permitting pier 126:19 127:6 pensacola 18:20 205:8 paved 207:4,4,10 permutations pierle 126:18 people 66:17 63:21 64:8 pay 34:1 41:15 42:20 45:9,13 persist pile 120:22 45:17,20 47:18 50:1 54:7 69:7 119:4 120:23 122:22,23 pcb 56:12,13 63:2,5 66:4 67:15 persistent piles 14:18 38:1 69:17 72:22 76:3 77:3 84:5,8,12 85:10 71:16 264:17,20 120:5 93:19 104:23 113:17 134:8 85:12,15,18,18 97:2 101:1 person pipe 134:14 148:5 176:15 103:5 118:8 121:12 122:2 34:11 149:13,15 180:4 229:16,21,23 188:11 194:13,23 205:20 122:11 125:8 128:7,8,20 223:13 242:18 pits 206:23 208:13 209:5 146:20 147:18 161:1,7 personal 28:11,14,19 33:2 211:18212:17213:14 166:10 175:2,13 178:20 135:4,15 139:12,20 140:2 place 215:7 216:6 218:13,22 205:8,10 210:11 230:11 190:14 19:5 23:23 31:14,18 32:2 219:9 223:3 233:6,17,20,22 236:11 237:3 243:11 250:7 personally 39:21 63:14 88:18 103:8,18 237:15 239:11,15 245:9,16 258:18 67:22 70:9 136:10 186:11 114:13 118:12 128:18 246:6,16,19,23 249:20 people's 197:5 239:9 256:22 258:21 168:5 185:13 199:16 250:1 251:19 253:6 255:5 166:20 personnel 200:15 205:4 209:9 217:23 268:23 269:11 percent 23:10 51:10 52:23 83:5 218:2 222:18 230:10,21 pcbs 33:12 131:14 153:17 86:20 87:1 88:9 90:8 135:7 placed 25:14 26:23 27:5,12,16 169:17,18,20,22 170:1,7 147:12 175:11 31:14 33:20 36:21 150:17 28:2,18 29:1,2,5 32:15,19 219:11 persons 199:23 250:11 32:23 33:1 34:19,23 35:20 percentage 174:17 placement 36:1,7,10,12,20 37:3,18 32:22 33:10 131:8 154:6 pete 215:8 39:15 43:13 67:21 68:4,6 170:14 146:16 places 69:1,7,21 70:12,14,16,22 percentages petrochemical 81:14 132:11 71:15,19 93:7 104:21 162:8 21:4,15 placing 112:23 113:4,15 117:11 perfect ph.d. 34:22 37:2 230:11 126:1,4 134:11,22 135:12 14:1 189:2 plaintiffs 135:17,19,23 136:9,13 perfectly pharmaceutical 1:5,13 2:6,13 3:3,18 5:5,6 138:21 187:9 197:1,3,8,15 127:13 184:4 211:23 50:18 97:15220:10233:10 197:23 198:22 199:2,6,9 perform phase plan 201:5 202:15 204:3,6,15,19 67:11 189:20 92:21 145:9 155:23 233:6,9 73:6 145:7,8 226:16,20 204:21 205:14 206:19 performance Philadelphia plans 207:15,18,21 209:13 56:23 192:23 13:2 204:16 205:6 109:12 110:2 226:7 234:13 211:16212:9 215:1,15 performed phone 241:21 272:19 273:5 216:14,17217:4 218:6 67:17 68:6,11 95:17 106:22 142:3 plant 219:16,19,22,23 220:3,4,19 186:9,14 188:4,16,20 229:2 photo 13:9,10,11 17:23 18:7,17 221:20 222:1,2,2,5 231:8 229:7 233:5,9 248:16,20 82:3 18:1921:12,1322:19,23 232:5,11,17,20 233:12 254:11 255:15 265:7 photos 23:15 24:15 27:8 28:12 234:9,16 238:22 239:3,23 period 225:16 36:2,7,10,12 37:5,13,19 240:1 252:6 256:18 257:6 35:4 40:20 116:20 153:14 38:2,7,17,19,21 47:21 73:4 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11548 [plant - professional] plant (cont.) pond precisely price 75:17 77:7,10 79:9,18 207:13,19,22 208:1,3,4,10 10:12 15:22 30:3 33:21 246:12 80:10 81:7,10 82:5 88:6 ponds 38:14 39:9 46:8 50:23 78:4 primarily 97:9 101:10 110:10 119:15 119:5 120:6 84:15 123:7 128:7 18:2 38:18 198:14 120:15,19 121:8,13,19 poor predicting principally 122:1 132:7 138:20 139:10 203:18 87:11 35:12 145:20 146:4 164:10 poorly preexisting printing 174:23 175:8,11,16 184:23 106:11 128:5,13 83:6,9 187:4 194:8,16 196:4,7 population prefer prior 197:4,18 198:4,15,23 187:17 122:10,13 4:17 32:16 51:4,8 55:12 203:14 204:8,14,18,22 populations prepare 124:6 128:15 159:17 166:3 205:5,13,15,19 206:13,20 71:23 72:23 262:5 168:20 191:6,8 207:4 208:22 209:3,20 port prepared private 210:4,9,11 211:9 214:23 115:15 141:10 142:12 176:18 17:15 215:22 216:15 217:2 portfolio presence probability 220:20 222:10,23 223:3 43:6 217:4 248:11 258:11 153:13,17 154:5,15 225:22 226:23 228:21 portion present probably 230:6 235:16 239:2 244:10 7:1 45:3 46:19 90:3 119:21 9:10 26:23 48:18 49:5,7 14:1 46:8 48:22 49:14 64:6 255:23 257:12 259:22 138:14 174:19 175:6 69:13 112:9 114:20 136:7 89:3 142:4 147:6 155:10 261:8 263:21 264:3,7 178:22 210:3 217:22 242:1 160:14 173:19 174:11 168:11 224:8 248:1 249:16 266:20 267:1,4 271:21 portions 175:18 176:2 178:20,21 250:21 256:6 272:1,15 127:11 166:5 220:13 245:12 261:12 problem plants posed presentation 134:7,8 55:20 184:14 186:17 270:18 138:10 178:13 problems plasticizer position presentations 182:18 272:7 198:20 9:10 17:20 22:4 25:17,18 177:22 178:2 procedure plasticizers 43:20 45:8 46:6,7,9 48:12 presented 274:1 18:4 25:9 38:23 198:20 48:15 49:3,18 52:12 55:7,9 114:23 147:15 proceedings played 63:21 64:1 71:2 93:3 94:10 presenting 68:10 256:6,9 106:14 109:23 149:2 225:2 176:9 process please 236:2,15 254:4,7,8 presently 5:1521:551:1052:23 5:11 14:23 52:16 88:15,18 positions 9:1267:18 106:18 183:11 66:13 67:9 208:5 259:8,16 106:13 136:1,11 195:20 48:13 57:5 194:14 226:9 processes 198:6 274:1,1,1 possibility president 138:19 pleasure 127:10 64:4,17 processing 64:9 75:20 247:18 possible press 64:21 pledge 121:2 239:5 247:10 261:4 151:22 procurement 73:15 possibly pressure 64:20 plenty 104:10 147:2 197:7 220:1 produced 135:12 post presumably 2:12 5:4 82:6 142:10 plus 3:8 116:22 193:15 200:21 product 14:16 42:3 94:19 156:16 potential presume 11:19 14:17 25:3,8,16,22 point 96:17 97:1 128:3 135:17 221:3 222:5 236:7 38:16 39:2 47:20 48:4,10 71:13 112:4 116:1 117:4,6 235:15 255:7 pretty 53:2,21 68:14 69:3,4,6 120:17 122:6 143:10 potentially 88:22 110:23 123:20 207:7 71:14 154:4 181:6 182:17 144:13 146:17 154:11 126:22 prevent 198:17 206:7 212:2 158:11 160:16 169:10 pounds 118:6 production 174:1 180:3 187:12 196:15 256:17 preventing 142:14 207:8 209:2 223:13 234:6 ppm 24:10 products 241:18 247:7 249:3 113:3,5,11,14,20,21 114:1 prevention 25:6 26:1,2,4 66:7,10,16,16 points pr 23:10 53:1 66:22 67:9,12 139:7 181:4 135:19201:19 150:19,23 previous 210:13 272:3 pollution practice 25:12 professional 24:10 82:15 189:4,5,12,20 previously 1:20 2:15 23:3 182:22 polyurethane precise 42:2 44:1 68:1 239:14 183:1 200:21 276:1 200:4,8,17 14:15 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11549 [professionals - reason] professionals propose pursuit quotations 23:1 126:19 127:5 212:5 86:1 program proposing put quote 15:8 23:22 30:15,18 118:11 160:4 41:20 81:2 86:14 114:9 115:9,10 174:10 159:22 160:4,7 180:9 190:1 protect 121:13 128:18 137:20 quoted 231:14,18 255:22 73:17,22 152:6 159:12 168:19 258:19 programmed protecting 173:10 180:9 199:12 r 112:11,13,14,16 24:3,6 255:11 218:10 221:7 230:20 programs protection 235:21 257:7 143:14 160:6 184:17 190:4 23:9 24:2 26:14 32:11 putting progression 40:11,22 52:1 65:1 222:22 20:1 188:9 protocol pyramid prohibited 231:17 65:9 189:17 provide q prohibition 32:9 prohibitions 32:13 project 6:11 20:20,23 35:5 37:21 44:4,7,21 75:4 83:4 84:18 121:20 123:12 125:11,14 125:17 126:10 137:19 142:19 145:21 149:13 153:5 155:12 156:1,21 157:11 158:17 164:23 166:2 170:23 172:19 177:12 194:13 223:6 225:13 226:13 projections 161:23 projects 21:20 53:9,11 62:18 63:1 63:10 81:23 123:20 124:11 124:12 141:9,19 147:11,23 148:15 162:7,15,22 163:8 164:2 165:15,16,21 169:13 178:1 192:13 226:23 227:2 227:10 prompted 37:2 54:22 202:7,11 221:10 proper 54:16271:15 properly 41:2,13 45:20 properties 73:23 81:6 131:18 177:2 220:14 252:10,14,18 256:3 property 23:3 41:14 64:22 103:19 provided 195:16 274:1 providing 89:23 148:5 provision 67:15 prp 203:20 prps 126:21,21 127:2 public 2:15 4:7 14:3,9 66:19 85:22 86:6,8 150:2,6,10 151:19 247:1 275:1 276:1,1 pull 163:12 pulled 202:2 pulls 201:21 purchase 131:13,15 156:9 255:22 purchased 249:2 purchasing 64:20 pure 32:23 purely 27:22 168:13 202:19 232:13 purpose 57:12 74:21 81:20 160:10 172:13 185:16214:9,11 quality 45:11 72:16 220:17 236:4 236:16 quantity 197:23 213:13215:15 quarterly 172:16 173:2 174:12 176:10 177:17,19,21 273:2 queeny 22:19,23 23:15 24:15 184:23 185:10 186:4 194:8 208:22 209:3,14 210:8,10 question 6:18 52:6 59:12,13 63:4 88:17,18 96:11,12,15 99:4 100:5 103:3,11 106:11 107:11 120:9 129:14 133:19 134:17 143:9,17 153:15 166:1 167:12 177:18 178:8,15 184:1,10 187:1 191:15 195:7,8,9 201:14 203:18 207:17 217:19218:17224:13 234:11 235:21 236:10 245:18,21 257:2 264:16 265:16,17 269:22 270:10 270:12 271:1 questions 4:13,14 5:10 12:4 59:7,23 61:7,15,18 87:11 143:5 147:18 149:22 152:17 162:12 163:5 206:22 209:10 246:7 249:18 273:14,17 274:1 quick radiation 186:1 railroad 209:7 ran 119:22 135:18 136:3 range 32:22 33:11 rapidly 218:11 rational 98:17,17 127:13218:3,4 raze 213:21 razing 213:2 216:5 rbcs 97:22 rcra 92:10 94:17,20 reach 91:15 229:23 reached 94:6 react 93:17 read 6:21 7:2 67:23 68:3,22 92:13,14 93:9 110:16 120:8 125:5 129:7 139:17,17 152:21 158:8 170:3 200:22 204:17 231:23 253:20 258:4 274:1,1 reading 229:20 readings 98:10 ready 60:7 274:1 really 36:22 40:4 43:5,10 139:3 143:1 178:14 84:20 131:13 143:14 156:9 226:2 143:4 reask 217:2 229:23 235:3,7 purposes quintard 134:16 255:21 268:4 9:15 41:22 43:8 73:9 82:18 80:3 81:18 155:6 177:10 reason proposal 117:22 128:15 proposals 229:9 100:4 101:2 131:4 135:13 197:16 224:2 225:8 pursuant 6:2 9:1,5 199:13 222:22 191:3 241:5,7 251:18 252:6 quite 13:14 19:21 32:5 60:12 87:9 198:10 230:19 36:2 40:2,8,12 71:12 104:13 108:12 122:13,16 145:3 179:13 196:5 221:3 243:20 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11550 [reasonable - removed] reasonable record regardless remedial 99:22 197:10,14 7:1 9:16 27:9 74:8 89:16 70:21 172:10 83:4 141:9,19 142:18 reasonably 228:11 261:17 276:1 regards 147:11,22 148:14 162:22 159:12 243:7 recording 110:3,4 163:7 164:1,23 211:15 reasons 85:3,5 region 217:3 226:22 227:2 54:15 75:22 121:23 249:14 records 97:17 remediate reaudited 135:22 136:16 189:16 registered 34:19 68:14 260:7,8,9 1:20 2:14 248:2 276:1 remediated rebecca recover regular 29:5,8 41:3 97:20 98:1 121:4 158:20 88:23 remediation recall recovered regulators 29:10 30:7,16 34:14 49:1 10:6,12,14,20 11:14 13:23 260:21 19:21 174:3 51:17,20 53:9,11,13 54:3 15:22 19:4 22:1 23:19 24:1 recovery regulator's 55:13,1956:1862:12,17 26:17 28:1 30:4 31:2,10 123:8 109:17 63:6 69:16 79:21 84:1 32:5,21 33:21 34:5,7 36:19 redistributed regulatory 86:19 87:23 89:7 90:2,19 37:1,16 39:16,19 42:7,10 255:8 20:21 21:21 53:7 96:9 92:12,18,23 93:11 105:16 43:5,16 58:6 76:22 77:15 redo 103:13 181:7 106:3,9,11,15,21 124:6 78:3,17 79:20 80:8 81:1,14 169:2 rejected 158:17 159:9,14 161:2 85:20 86:13 102:4,5 106:6 redoes 266:16 165:14 168:15 170:23 108:23 109:7 110:6 111:22 169:1 related 176:23 179:21 192:13 113:14 114:12 115:1 redone 10:16 12:10,19 13:6,15 193:12 196:7 204:2,10 118:19,21 123:13 137:7,14 158:23 20:11 48:5 79:21 117:12 206:11 212:8,11 213:7,8 140:4 141:1,5,7 142:17 reduced 151:10 188:12 212:7 276:1 215:11 216:9 222:10,14,16 144:5 146:15 166:20 167:2 276:1 relates 223:2 242:19 243:3 244:15 171:21 172:1 175:10,15,18 refer 94:9 154:23 245:3 246:23 250:15 176:21 177:4,9,11,13,14 44:4 46:3,4 66:14 113:9 relating 253:14,21 178:4,18 193:23 209:16 175:19 227:4 233:22 203:8 remediations 217:10 225:5 229:20 232:8 reference relations 228:5 234:4,15 236:18 238:20 85:1 242:3 259:13 150:2,6,10 151:19 remedy 245:5,14,22 246:2,11,13 referenced relationship 201:6 262:14 266:2 267:9 217:16 260:10 152:11 235:5,11,14 remember received referred relative 11:2,3 14:4,8 34:11 39:9 142:20 143:11 145:6 157:9 26:5 61:22 85:16 86:7 42:12 198:11 250:22 276:1 61:19,20 79:7 80:1 85:8 212:23 269:10 146:1,5 188:23 release 87:4,5 101:18 102:7,13 recognizing referring 267:14 105:21 112:4 114:8,11 116:19,21 143:18 145:11,21 239:7 released 137:12 138:12 140:18 recollect refers 259:17,22 159:17 160:21 171:12,15 42:16 94:16 115:16 119:17241:2 relook 171:17 176:11,17 179:1 recollection reflect 67:6 180:7,9,11 181:21 211:7 13:23 31:3 39:10 77:20,21 95:22 124:3 138:13 relying 221:12,20 78:23 172:5 reflected 231:22 236:21 remembered recommend 27:9 160:22 231:6 remain 179:12 163:2 164:19 reflects 18:11 22:4 43:20 46:5 remind recommendation 118:3 48:10 102:21 170:20 171:5 92:20 113:13 6:5,10 7:7,23 141:6 242:8 reforecast 183:17 reminded 242:21 244:2 169:3 remainder 183:21 recommendations refresh 31:14 removal 8:5 131:3 remained 30:17 32:16 115:8,21 recommending refreshed 31:1846:7 118:23 119:19 122:9 160:15 61:2 remaining 123:10,12 126:20 127:16 recommends regard 190:8 215:5,7 216:5 162:22 163:3 220:12 221:15 remarked remove reconcile regarding 106:6 134:21 135:1 176:14 116:5,8 119:11 122:22,23 238:6 93:10 151:7 184:16246:15 194:2 211:21 212:10 125:9 213:22 218:15219:1 reconstructing 247:20 268:10,14 220:11,12,16 removed 134:1 30:19,21 31:1,4,10 116:16 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11551 [removed - role] removed (cont.) requested responsibility (cont.) rfi 127:17 205:19 208:10 7:1 54:20 93:16 274:1 121:7,9 126:12 129:20 88:3 89:21 90:9 145:5,9 217:5 219:10 221:22 requesting 164:7,8,9 192:3,12 203:21 156:1 251:20 252:17 255:7 107:14 223:10 227:11 rfis removes required responsible 92:1 94:15 120:21,23 29:7 34:18 103:19,21 164:5 23:13 25:5 51:9 52:18,20 richard removing 190:12 250:2 253:3 52:23 53:2,8,13 54:6 56:22 85:22 86:12,18,23 87:19,20 34:20 213:3 218:1 requirement 63:8 66:4 68:15 124:9 90:14 91:13 144:2 175:23 rena 35:6 126:22 133:17,21 134:20 rick 149:12 176:3,6 requirements 165:13 167:11 227:20 149:8 renner 19:1,2 30:9 32:10 34:16 responsive right 149:15 176:5 requires 61:14 178:9 8:6 9:9 12:3 24:13 28:2 reorganization 29:10 responsiveness 40:21 55:18,21 57:13 62:10 57:4 reserve 178:7 70:9,15 71:12 74:21 75:14 reorganized 184:5 rest 77:12,18 79:3 80:15 81:3 44:20 49:19 residence 34:23 126:19 127:6 149:10 81:20 82:9 87:13 88:17 rephrased 37:13 restate 92:2 94:10 105:7 109:15 6:18,19 residences 106:12 110:13 112:21 113:7,12 replace 35:14 37:9 81:7 restaurant 116:12 120:16 123:1,17 49:17 resident 141:6 131:7,16,21 132:17 137:2 replacement 35:16 204:17 210:1 restoration 138:1 145:17 147:6 149:8 209:6 residential 32:12 149:17 150:3 152:17 154:2 reply 35:9 37:6 81:5 130:15 result 155:1 157:17 158:2,7 262:5 131:19,20 143:13 177:1 234:3 161:22 162:1,11 169:8,14 report 198:5,8 204:11,12 206:15 resulting 169:23 170:2,3,8,17 171:10 6:1 9:1,4 54:18 55:4 64:13 209:21 252:10 187:2 171:19 172:7,12 174:10 64:14 65:6,13 68:17 93:10 residents results 179:19 180:6,13 184:8 94:5,7 111:10 120:7 141:10 72:22 86:9 249:2 253:13,15 97:8 143:12 234:2 243:6 187:21 190:18 191:17 142:19 143:19 145:9,13 268:2 retain 193:5 207:3,10 209:19 157:18,20 163:21 242:14 resolution 137:16 214:22 216:20 220:10 reported 121:2 160:2 retire 228:8 230:14 234:16 52:2 66:23 267:13 268:18 resolve 75:1 235:23 236:22 237:11 reporter 234:13 238:9 retired 244:9 249:15251:9,18 1:20 2:15 6:15 210:22 respect 91:4 253:1 255:1 257:18,19 276:1 40:23 46:10 48:13 52:4 retirement 259:3 reporting 54:11 62:17,21 66:3 68:11 203:7 ring 1:19 2:13 56:20 175:8 106:16,22 110:1 112:7 retirements 43:3 179:10 191:7 274:1 276:1 114:15 117:2 123:23 127:2 41:15 risk reports 135:16 147:22 151:3,17 return 31:12 66:6,8 97:18,21 98:7 54:5 62:1465:10,14 141:17 164:1 224:11 248:9 254:11 41:21 43:8 272:20 274:1 98:11,21 99:6,19 100:8 142:15 223:23 272:11,14 respective returned 109:10,13 115:8,20 116:4,7 represent 4:4 56:11 17:12,17 116:9 144:6 219:12254:10 9:20 168:16 respond reuse 270:18 representative 178:14 218:5 river 12:5 182:7 response review 13:11 196:4,6 197:4,17 represented 61:1093:1699:3 201:13 60:6,10 137:19 172:16 198:1,23 203:5,14 204:8,14 3:3,6 180:21 responses 174:13 176:10 177:17,19 204:18,20,22 205:2,5,9 representing 61:7,16,20 177:21 253:4,9,15 254:12 14:9 205:18 responsibilities reviewed road reproduce 18:16 22:21 25:13 45:8 60:14 225:22 266:1 110:15 46:12 48:16 57:9 62:16 reviewing robert republican 69:4 70:7 141:15 144:22 173:23 75:21 152:9 152:14 responsibility reviews role request 20:1625:1040:1441:17 192:23 40:10 43:23 44:13,22 84:14 68:7 142:7 48:23 51:16 52:12 55:13 revised 137:23 147:20,21 149:20 63:15 66:1 69:14 70:19 167:9 151:16223:21 224:11,14 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11552 [role - share] role (cont.) samples scholarship sending 239:13 246:6,8 247:8 256:6 113:16 233:17,20 234:3 179:17 218:1 256:9 266:5,8,12,15 school senior roles sampling 16:7,9 22:13 179:17 149:14 165:2 203:7 223:22 39:13 95:8,10,17 96:6 science sent room 111:1,3,13,16 112:8,9,12 238:13 22:9 217:21 260:21 85:13 175:14 212:4 112:13 117:6 143:14232:6 scientific sentence roughly 232:17 233:22 234:12 98:4 99:9,12 100:3 156:11 109:8 115:19 116:3 117:20 70:17 91:2 238:19 251:5,7 265:22 scientists 119:17,20 route sand 237:11 separate 97:2 42:23 135:20 scope 119:16 190:2 221:23 routinely sarasota 41:9 155:7,12 166:6 177:21 229:15 241:10 186:21 193:11,15 scrapped separately roux satisfaction 266:11 166:9 34:8,12 90:8 144:3 29:631:1663:19 scribble September rpr satisfactorily 112:19 173:8 4:6 274:1 219:6 se sequencing rubber satisfied 17:1341:11 130:7,8 26:3 41:13 seal sequestering rule satisfy 276:1 39:5 247:10 33:23 34:15 sealants serum rules sauget 181:15,17 73:3 58:20 274:1 46:13 223:1,6 224:3 269:4 search serve run 269:6 137:8 16:21 89:6 181:9 183:10 11:23 210:6 241:12 save searched served runs 62:20 137:17 17:3 135:14 159:21 181:1,3 241:7 saved second 181:5,10,14,18 196:6 runways 218:7 8:15 21:4 22:9 67:4 77:11 service 125:19 saw 78:1,13 79:4 86:15 171:13 17:4 52:20 ruskin 77:1 80:3,20,21 98:15 171:15 172:13,15,21 177:7 services 248:1 258:3 secondary 23:4 45:6 46:4 64:17,18 s saying 148:23 149:1 serving sabrina 1:4 2:5 safe 66:18 safety 913 22 16 22 23 6 10 11 24:14 25:6 45:5,10 46:18 47:5,9,14,16 48:2 49:8,13 49:23 50:6,7 51:6,10,10 52:13 53:1,6,16 62:13 64:3 64 5 651 66 2 14 7T3 73:11 96:4 100:10 103:16 103:20 223:11 238:1 270:2 saith 273:20 salary 193:2 70:2 72:12 95:16 119:10 155:1 218:20 228:1 says 5:5 8:13 9:4,4,6 83:14 84:20 87:17 88:2,20 89:23 92:8,9 93:20 95:10 105:8 109:8 110:23 112:14,23 113:10,19 117:11 118:23 120:12,22 121:3 123:9,18 127:15 128:3,7 129:5,5,11 131:14,17 132:2,5,6,8,13 132:14 145:5,19 147:1,19 148:7 149:19 150:7,11 152:9 153:23 154:18 155:18 156:5,16 157:13,15 158:1,6,10 164:12 200:22 212:20 213:1 216:4 section 151:17223:22 8:1 set sediment 25:6 46:17 47:4,9,15 48:3 31:18,19,20 238:19 266:5 61:15,16 99:7 165:13 173:8 266:15 212:3 237:4 240:19 276:1 sediments setting 111:8 118:6,7 119:4 120:5 165:11 192:23 223:4 239:18 253:7 255:5,6 settle seeing 105:9 108:14 81:1 settlement seen 108:2 6:1 7:18 72:3 73:3 94:1 seven 97:8,12,14 102:17 111:11 16:18 168:19266:5 118:14 124:5 220:8 231:23 severe 240:7,12 242:7,15 249:6 263:8 260:8 sewer self 225:22 244:10 257:12 salicylic scattered 143:3 sewers 210:17 198:12 sell 266:23 sample schedule 67:10 sh 96:8,10 99:16 130:9,10 143:12 sampled 111:7 113:1 232:3 63:18 scheduled 136:23 146:11 seminar 180:5 seminars 179:21 65:12 share 125:9 126:9 135:16 136:17 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11553 [shared - somebody's] shared signed sixteen soc 52:19 8:15 159:4 170:12 182:16 sharing significant size society 122:8 47:17 234:7 183:7 sheet similar sketch soil 83:11 152:19,23 153:4 10:17 11:1747:6,8 53:19 14:22 28:11,11,1930:13,14,19,21 167:8 274:1 99:4 200:7,16 skill 31:4,7,21,21 33:1 205:15 sheets simple 237:4 205:20 213:4 214:5,17 53:6 179:16 skills 217:21 218:7 219:9 221:22 sheila simply 44:12,22 222:6,6 234:10,12 252:17 2:14 4:6 274:1 276:1,1 19:16 27:23 52:9 56:11 skip 265:22 shepperly 95:22 136:3 139:21 150:11 78:1 123:17 138:1 141:8 soils 50:10,12,15 51:3 52:7 165:23 172:19,22 184:6 149:9 211:8 32:17 118:7 205:21 207:14 188:22 188:8 203:10 217:12 246:1 skipping 209:5 215:8 217:5 218:14 shift sincerely 149:21 223:4 241:15 270:19 117:2 171:3 274:1 slow sole shifted single 109:11 254:19 169:21 170:15 182:16 189:12 194:13 slowly solely shifting sit 121:22 203:21,23 183:18 52:10 68:22 91:7 93:14 sludge solid shopping 100:20 101:14 137:12 207:13 216:6 199:3 221:21 222:2 257:8 250:23 240:10 261:15 sludges solids short site 215:6 12:23 40:20 185:8 228:9 28:7 29:1,2,4,5,7,12,15,17 slurry solutia shortly 30:19,22 32:2,18,20 35:21 213:5 214:5,18 5:13 9:10,21 12:6 37:23 9:19 37:15,18 41:8,23 42:13 small 46:20,23 47:2,7,11,15,22 show 43:14,21 46:13,14 69:17 211:17 48:8 51:7 56:19 62:8,18 7:14 93:12 212:19 260:7 75:18 79:9 81:7 87:23 88:2 smaller 66:9 67:11 73:12,16 84:20 showed 88:4,21 89:8,21 90:9 91:10 47:22 87:22 92:17 93:2 94:11 79:17 113:3 114:10 123:15 91:23,23 93:5,19 94:14,14 smith 96:5 97:9 100:11 106:2 176:18 242:14 94:18,19 97:10 106:4,16,22 3:7 53:14 54:4 56:6,17 58:8 107:14 109:23 110:4 showing 110:17,21 112:3 129:22 58:12 62:23 75:8,12,14 118:10,17 122:22 126:9 135:1 138:5,6,10 139:2 145:5,7,8 76:11 77:18 78:19 87:6 134:19 144:17 151:23 shown 145:9 151:4,8,11,18 156:1 91:9 114:6 142:2 166:15 158:23 165:4,7,8,19 166:4 127:10 146:9 202:5 162:23 185:22 189:12 172:3 174:13 179:9 191:10 166:9,10,14 180:4 182:8 shows 202:3,3,5 204:7 208:8 191:12,23 192:11,18 184:15,19 185:21 190:1 153:8 169:11 215:6,7 216:5 217:21 218:5 223:17,23 224:7 227:20 194:13,23 196:12 205:18 shut 218:10 219:10 226:4 257:1 274:1 206:9 220:9 229:2,17 231:8 29:15,17,19,21 41:2,20 228:14,21 229:3 231:1,4,15 smith's 233:5,5 234:13,22 235:7 42:14 232:7,15 233:14 234:17 7:15,17 54:9 75:2 90:16 238:16,22 239:2,12 240:12 shutdown 236:2 247:21 248:5 250:14 114:18 172:18 173:16 241:21 244:1 247:20 251:2 34:1738:1241:10,1942:1 255:23 256:18 257:7,13 223:21 251:13 252:5 258:8 261:11 42:19 259:7 261:12,12 267:15 snow 265:8,21 266:3 267:13,17 shuts sites 5:14,21 6:5 8:7 79:23 80:2 268:1 269:10 29:12 20:2,17 26:15,16,23 41:18 80:3 110:11 111:1,3,7,12 solutia's side 42:7,10,15 45:13 90:6 111:14,17,21 112:8 115:10 48:1 73:21 106:14 109:22 14:5 92:2 132:8 157:18 110:9,21 188:18 189:6,21 115:18,21 116:17 117:19 189:5 195:17 203:22 208:8 sides 190:2 195:18 227:14,16,18 118:17 119:12 123:10 209:3 211:12227:12 99:18 sits 126:17 127:2,8,18 164:13 265:20 sidetracked 142:2 164:17 176:23 238:16,17 solution 40:13 sitting 238:22 239:3,11,15,18 144:4 218:3,4,13,22 sign 70:9 240:3,13,22 241:3,6,6,10 somebody 113:22 148:22 274:1,1 situation 241:19,20 242:2,11,23 85:3 139:15 263:3 signature 237:14 248:16 255:6 265:3 266:5 somebody's 8:17,21 274:1,1 275:1 six 266:10,16 218:8 276:1 167:23 168:19 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11554 [somewhat - structural] somewhat speaking spinoff statistical 99:3 53:23 54:2 46:22 112:22 son speaks spite status 179:17 200:7 230:21 63:7,9 146:11 177:23 soon specialist spoils 224:18,20 265:6 261:14 148:8 132:5 stay sorbic specialized spoken 17:8 25:16 78:10 21:11,11 64:23 239:5 248:4 stayed sore specialty sponsored 78:12,15 120:17 230:7 182:18 steep sorry specific spots 56:10 6:15 7:21 11:1,7 23:20 26:6 13:4 30:2 55:20 72:3 83:2 31:11 32:22 34:21 217:12 steve 29:23 31:21 43:4 76:6 101:18 127:20 129:14 217:15 220:22 221:11 53:14 54:6,15,18,21 55:7 87:10 88:8,11 91:20 102:4 132:14 143:5 178:14 181:4 222:11,13 56:17 62:23 63:2 75:2,23 104:12 111:23 118:20 182:17 206:22 208:12 springs 79:14,17 85:23 87:6,6 119:7 128:19 140:6,20 219:19 222:12 226:20 266:1 90:15,22 91:11 124:16 141:5,7 143:22 152:18 266:7 St 142:1 147:14 152:7 166:15 167:3 172:7 176:20 177:9 specifically 1:21 2:14 4:8 5:1 15:9 20:8 172:18 192:7,9 195:6,8 180:8 182:10 192:10 198:2 5:18 13:16 34:13 43:5 22:5,19 45:14,15 75:7 223:17,22 224:2 226:17,18 199:7 201:1 202:9 203:1 62:11 79:22 81:15 86:6 76:10 149:5 174:14,17 228:22 206:12 207:2,23 208:18 93:2 94:16 102:4 124:17 260:21 261:2 276:1 Steve's 209:12 210:20 214:2 216:3 132:12 145:21 150:18 staff 56:22 70:19 224:15 246:1 255:20 257:14 151:6,20 161:11 177:4,14 15:11 stewardship 271:18 180:11 184:13 186:4 187:1 stage 11:19 14:17 25:3,17,22 sort 194:9 202:9 203:15 228:13 121:20 48:4,11 53:3,21 181:6 12:20 14:3 21:3 38:10 236:16 240:21 241:2 243:6 stand 206:7 212:2 44:13 46:2 60:13 61:9 63:7 248:5 148:12 156:8 stint 64:2 66:8 69:20 73:20 75:5 specifications standard 194:4 80:21 81:21 99:8 159:22 200:20 104:15,17,20 105:4 stipulate 160:4 161:22 182:20 specifics standpoint 267:10 187:19 189:18 200:2 32:5 99:5 105:22 136:16 125:15,18 214:7 stipulated 210:15 217:7 224:10 251:6 263:6,16 266:2 stands 4:3,11,19250:5 225:14,18 226:21 228:16 speculate 120:14 265:16 stood 229:10,21 7:9 38:6 star 44:5 205:7 sorts speculation 258:1 stop 18:20 39:1 89:13 99:11 6:14 7:4 100:17 107:8,17 start 255:18 190:5 224:21 237:19,22 238:3 243:18 24:18 25:20 53:10 74:16 stopped sound 244:6 253:17 263:14 86:2 92:10 173:11 196:3 30:3 100:3 265:15 269:20 270:7,21 started storm sounds speculative 21:1624:1951:1660:20 17:4 215:1 213:10 27:23 168:13 232:13 startup strategies source 259:19 18:1821:3 63:14 36:6 134:7 197:3,8 230:1 speed state strategy 232:16,23 239:2,15 100:22 1:1 2:2,15 5:1 9:7 29:6 30:9 63:12 174:5,7 225:23 sources spell 31:13,16 32:7 34:1,16,18 stream 174:2 239:5,8,10 50:13 210:21,22 42:8 92:10 94:17 242:11 260:2 south spend 247:15,16 276:1 streams 138:22 77:1378:21 131:11 153:11 stated 269:17 270:5 southern 153:14 8:23 265:20 street 255:15 spent statement 1:20 2:143:4,8 110:10 space 17:11 56:8 77:15 154:12,14 92:17 124:19 133:16,21 134:8,13,20 142:4 218:8 169:12 194:2 251:13 states 198:13 274:1 276:1 span 252:10 16:20 strike 57:5 spin stationing 126:8 speak 47:2 88:5 structural 248:2 57:21 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11555 [structure - terrain] structure suit surreptitiously talks 45:22 46:1 54:10 241:12 13:17 205:11 140:8 143:11 144:10 structured suitability surrounding tank 54:1 95:8 35:11 79:17 135:7 structures suitable surveillance tape 125:20 47:1095:11,1896:7255:17 23:16,22 184:12,17,22 147:7 studied suite 186:9,12,13,14 190:1,4,13 target 104:23 1:20 2:14 3:4,8 274:1 276:1 190:17 120:22,23 studies sulfanile survey tax 67:12,17,21 68:1,3,6,11,14 211:3 33:18 166:7 68:16 70:14,16 186:23 sullivan suspect team 187:7,14,23 188:15,19 166:22 163:15 189:8 226:15 52:9 93:16,21 94:3 108:21 189:21 190:3 268:9,13 summary suspended 109:2 172:23 212:1 study 83:14 161:12,13 12:23 tech 22:11 92:7 187:20,21 188:2 superfund sustainable 149:2 188:4 255:14 227:10,13,14 159:23 technical stuff superintendent swat 85:23 86:1 88:2 89:20 90:1 120:2 183:7 22:15,21 23:18 24:14 93:21 94:2 108:21 109:1 90:9,15,18,23 91:10,15 subgroup supervision switch 125:15,18 148:6 53:15,19 42:11,12 191:9 technique subject supervisor switching 233:16,19 250:15 251:4,5,7 102:5 191:22 203:5 191:6 251:7 submit support sworn techniques 192:3 130:12 2:12 5:4 275:1 276:1 179:22 submitted suppose synthetic technology 191:10,16 29:21 103:2 164:16 211:6 181:11 182:13 199:19 19:12,16 44:7 53:9 90:1 subscribed 238:12 system tell 275:1 sure 65:1 234:22 257:12 5:11 9:15 11:1 13:1623:7 subsequent 8:1,19 13:3,1420:11 21:23 systematic 30:11 52:11 58:4 75:13 49:2 101:19 114:13 121:16 27:19 34:5 36:19,22 37:14 112:22 78:18 79:13 92:9 108:22 141:18 225:21 37:15 38:21 41:12 47:20 systems 112:5 113:18 131:23 132:1 subsequently 57:23 60:12 61:12 63:8,13 233:14 244:11 139:5 145:13 146:8 198:6 17:3 29:18 109:20 111:6 64:6 72:11 74:6 82:4 88:7 t 200:23 208:19 222:12 180:19 189:5 194:7 199:11 substance 262:19 subsurface 213:3,23 217:5 suffice 273:6 suffices 92:12,18 sufficient 33:23 71:7 93:1 164:6 sufficiently 101:2 106:8 suggest 105:23 107:18 108:18 122:20 89:4 100:20 120:7 121:9 122:5 126:11 129:18 130:17 136:12 141:13 151:14 153:11 160:16 162:17 168:6 170:16 173:9 174:8 175:21 177:18 179:2 198:10 203:15 204:16,20 210:13212:14216:22 220:19 230:3,19 231:5 243:7 249:18 250:6 251:6 251:15 253:20 254:8 surely 137:16 surface 101:6,7 207:11,21 215:8 217:4 228:18 238:15,23 table 160:1,18 tactics 164:10 174:6 taken 1:13 4:6 10:2 30:23 31:8 70:6,18 74:7 84:22 89:2 97:9 106:16 147:8 157:1 168:5 228:10 249:21 254:9 273:11 276:1 talk 62:10 82:4 138:18,18 171:19 194:9,12 207:10 211:9 228:13238:14 244:10 talked 243:5 244:18 245:14 250:18251:16 telling 136:3 160:12 ten 14:2 27:20 33:11 168:12 265:22 tenure 185:12203:11 204:19 209:16 term 42:12 53:4 107:1 115:13 129:8 156:11 198:11 200:9 200:10201:17,20 219:17 229:13 terms suggested 270:19 55:20 138:2 145:23 149:8 24:2 29:11 42:1 45:16 61:9 159:20 surprise 160:5 184:11 194:17,20 62:11 94:14 148:3 167:4 suggesting 72:5,8 98:10 140:2 264:2 208:16 216:20 217:8,14 176:22 192:10,11 238:4 56:9 136:2,10 suing 9:20 surprised 19:22 72:12 98:15 258:23 260:17 238:18 256:8 266:8 271:15 talking 33:3 62:2 85:18 110:22 243:4 251:3 terrain 229:12 160:9 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11556 [test - transfer] test think (cont.) time (cont.) topics 267:17 121:22 125:12,15 126:5 92:5 95:12 101:23 107:20 176:22 177:5 tested 128:21 133:8 138:13 114:10 115:2,12 117:1,4,15 torres 238:16 244:12 140:10 142:10 143:1,2 118:1 124:21 129:3 135:2 3:4 testified 145:17 147:6 148:5 149:10 135:20 137:1 138:17 147:7 tosca 12:14 13:2 14:1259:18 149:23 152:2 155:13 153:14 154:11 160:5,8,11 31:5,8 32:16 208:9 250:6 77:1878:19 111:11 114:6 157:13 159:3,17,23 160:8 169:10,20 170:16 174:1 total testify 160:10 161:7 164:13 176:19 179:11 180:3 47:23 157:23 158:5 170:14 136:20 276:1 167:23 168:3,10 175:5,22 181:23 184:11 186:10 192:8 204:1 222:9 231:3 testimony 176:14 178:9,22 179:9,14 188:3 193:21 196:8 197:17 totally 13:1354:9 114:18276:1 179:15 183:5,17,22 187:11 198:16,18202:5 211:5 257:20 testing 191:12 195:11 196:4 212:12 237:12 239:22 totals 233:6,9 248:15,19,22 265:7 197:20 206:17 210:3 217:7 242:15 249:4 263:4,17 170:14 265:10,12 217:19 234:21 235:23 272:4 273:15,18 touch tests 241:18 242:16 243:2,9,14 times 62:22 204:5 229:1,5 244:23 247:7 248:12,13 10:5 12:1631:3 64:11 touched texas 253:12 257:4 258:9,9,11 74:11 98:11,20 100:7 194:10,15 3:5 20:21 21:14,22 43:1,2 262:11,11 263:1 265:12,16 115:13 154:5 180:12225:1 touching thank third 225:9,11 276:1 60:19 76:20 88:12 196:18 8:1561:468:1793:17 tissue tough 273:12 thirty 249:6 270:23 thereof 5:21 6:9 98:11,20 100:7 title tour 66:17 169:17 170:1 242:12,22 20:10 25:2 48:18,20,22 138:1 201:9 225:18 thereto 243:13,16 244:3 274:1 49:3,5,7,12 64:16 65:19 townsend 4:17 thoroughly 84:1 150:5 therminol 137:8 titled toxic 211:16212:16213:15,19 thought 137:19 262:19 263:7,15 269:16 213:23 44:23 62:5 76:8 104:15 today toxicity thing 109:5 146:3 172:8,9 182:10 52:10 66:11 68:22 102:1 67:12,16 68:6 245:9,16 56:14 83:7 95:21 109:3,15 257:14 131:2 178:11 240:10 246:7 263:16,18 119:18 124:4 146:6 153:7 thousand today's toxicological 154:17 160:10 174:10,20 33:11 243:3 67:21,23 268:18 190:3 200:3 230:16 thousands toe toxicologist things 33:6,8 156:23 52:7 11:23 25:20 38:22 45:18 three told toxicology 53:5 56:13 62:23 64:19 10:13 11:10 17:11 18:12 5:20 27:9 33:15 40:14 58:1 48:5,11 51:11 53:2,21 65:5 66:23 67:6 72:17 86:10 31:11 33:2 34:20 60:11 58:5 59:14 91:1,6 101:9,20 65:15,22 66:3,5 67:13 89:13 94:21 99:11 100:13 75:9 85:12 120:12 131:14 110:6 112:1 139:11,15,21 105:1 109:21 112:1 122:17 146:17 158:11 188:7 147:4 159:7 188:23 196:12 track 132:15 133:1 138:20,23 196:15211:13217:2,12,15 196:21 199:21 205:17 261:7 154:15 159:2,8,11,15,19 220:22 223:14,16 225:11 208:21 216:4 217:1 220:7 tracks 160:1,17,23 176:11 206:5 270:8 229:4 233:11 240:5 242:7 209:7 208:14 214:3 215:16 219:5 thrust 256:7 268:2 trade 220:12 228:19 229:14 108:10,15 toluene 181:13 182:8,16,20 183:14 231:6,21 237:12 248:3 thumbnail 211:3 271:14 270:8 14:22 tom traffic think tie 245:5 248:10 269:13 11:23 6:20 8:14 10:16 11:8,18,21 87:3 105:23 187:18 197:21 tom's train 12:8,9,12 14:12 19:1526:6 time 258:11 161:1 43:15 47:12 50:21 55:6 4:16,166:23 10:10 13:7,14 tons training 57:21 59:21 62:6 63:23 16:22,23 18:1 19:6 20:3 260:1 160:5,7,9,20 161:5,7 74:10 76:2 77:10,15 78:6,8 25:9,18 26:18 27:7,10,16 top 179:20 189:3 80:6 84:1886:11 91:11,14 36:23 37:15,20 38:20 40:20 83:11 113:22 162:5 169:6 transcript 92:8,21 99:19 102:20 103:7 43:17 44:5 46:10,11,22 topic 274:1,1,1 103:16 108:1,19 109:22 48:14,21 49:6 52:4 56:8,14 257:20 transfer 112:13,15 118:20 121:10 64:1 65:8,21 74:16 91:6 27:11,13,1728:3 36:3 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11557 [transfer - violated] transfer (cont.) trying (cont.) understanding (cont.) users 197:16,19 200:14 238:21 243:23 250:9,12 66:19 135:12 transferred turn understood uses 1:2 2:2 29:16,18 44:4,8,11 154:16 59:7,9,10,10 92:19 124:3 66:16 transfers turned undertaken usual 29:12 44:19 169:16 164:23 58:20 150:12 transport turning undertaking usually 66:19 250:3 122:3 56:19 58:19 88:4,21 182:18 transportation turns underway utilities 53:7 154:22 100:6 81:23 213:4,23 transported turrets undoubtedly utility 252:3 135:8 85:5 125:7 travel twenty unduly utilize 178:5 14:16 27:21 170:7 266:4,5 104:16,21 93:17 treated twice unfamiliar v 202:2,3 74:13 225:3 53:4 treatment type unfounded 18:19 119:14 120:14,19 28:9 31:1744:1387:16 253:17 121:7,13,18 122:1 132:7 125:10 143:21 150:14 unique 145:20 146:4 201:6 202:4,6 190:3 199:15214:15 19:15 trenton types united 205:12,13,15,19 206:13,20 11:1532:13 159:15 162:21 16:20 207:1 typically units trial 128:10 158:17 168:19 197:18 4:16 12:14 14:6,13 136:21 238:9 university 136:23 u 5:19 9:8 15:3,5,6,9,14 triangle 155:18,18 tributaries 238:17 trigger 67:2,4 trip 78:7,8,21 172:14,15,17,21 trips 78:20 trouble 252:7 troubleshooting 21:5,7 true 10:23 72:16 73:2 87:2 100:13 133:9 184:4 211:23 276:1 trust 69:23 truth 276:1,1 try 41:20 42:16 43:10 122:7 158:19,19 trying 29:23 45:21 56:15,16 88:19 96:16,19 107:10 108:10 109:20 110:19 124:13 138:16 151:22 197:2 u.s. 165:15,21 228:6 ultimate 130:3 ultimately 169:23 undergone 211:14 undergraduate 15:1,16 understand 9:23 19:20 29:3 54:8 59:1,4 59:13 60:1 62:13 72:15,18 92:6 99:2,5,8,15,21 101:1,1 106:18 107:10,11 108:10 109:14 110:20 116:2 121:23 136:1 149:11 154:22 173:17 177:18 190:13 199:18 understanding 77:12 83:22 89:21 91:8 93:3 94:12 101:15 106:20 107:2,4,12 111:2,4 117:21 121:6 122:5 134:6,14 135:13 147:21 158:15 159:5 160:14 166:7 173:1 178:19 183:13 187:11 192:15 197:6,11,13,14 199:15201:11 202:10,21 202:22 203:4 232:10 22:10 194:4 unlined 199:9 unreasonable 197:20 unrelated 75:19 179:13 unspecified 245:17 unwittingly 183:23 186:19 191:13 update 142:13 188:8 updated 188:6 upstream 113:18 115:17 urinalysis 185:5 usace 115:14 use 25:7 27:7 32:14 34:3 95:1 103:2 108:14 135:17 136:8 136:13201:20 218:10 259:2 useful 41:21,21 43:8 44:23 usepa 123:18 vague 39:10 valid 100:2 174:9 validate 68:18 validity 99:16 valves 122:3 vanderbilt 179:16 vapor 220:1 varied 32:18 variety 199:18 various 18:20 23:2 25:9 45:18 61:7 63:10 64:19 139:6 152:4 153:4 166:20 169:12 180:11,12 185:1,18 190:5 195:18 196:23 203:7 211:4 220:14 224:21 versus 99:13 110:21 133:11,11 168:10 186:20 vice 64:4,17 video 1:192:13274:1 view 48:14 109:17 116:10 views 124:1,1 violate 135:10 violated 13:8 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11558 [violations - yesterday] violations waste (cont.) wind world 269:9 121:7,12,18 122:1 132:7 109:16 62:19 219:8 virtually 145:19 146:4 204:19 wish worldwide 109:9,12 205:22 208:13 260:2 52:16 63:11 86:13 89:2 44:6 vis 270:19271:15 96:9 100:14 107:3 117:12 worthwhile 65:9,9 watched 122:16 190:6 210:21 100:18 visible 205:8 212:19 264:15 274:1 wrapping 240:2 water wished 273:10 visit 39:14,23 40:5 101:6,7,16 41:16 231:20 write 74:20,22 77:6 81:16 82:19 145:19 146:4 201:21 202:1 wishes 143:19274:1,1 101:10 123:16 199:13 204:14 215:2 221:23 222:1 105:11 107:5 writing 223:7 226:2 228:23 222:3 228:19 234:12 witness 92:9,14 110:16 152:22 visited 238:15,16,23 255:9,11 6:17 104:12 203:1 210:20 263:5 276:1 272:5 262:10,16 270:19 211:1 273:16276:1,1,1,1,1 written volatilize waters wof 94:2 219:22 220:2,3,4,5 115:17 44:5 wrong volume ways woman 201:17 237:2 27:12 28:13,15 36:20 126:4 92:7 255:10,12 76:1 wrote 264:5 week wondering 88:4 91:1,5 volumes 54:14 70:7 191:9 77:3 wtp 138:21 weeks wonderland's 119:3 120:13 146:1 voluntary 57:14 70:17 263:5 y 17:5 vs 1:6 2:7 w waived 4:20 276:1 wall 213:5 214:6,18 walled 199:11 wandered 175:14 want 6:21 12:3 17:14 39:10 60:3 74:3,5 94:23 99:5,7 104:7 106:3 108:12,14 130:19 133:7 136:12 139:14 141:16 143:1 146:7 147:9 147:17 177:20 179:15 194:12 195:8 208:19211:8 211:11 220:16 224:9 228:12,16 244:9,18,20 249:10 254:18 257:20 wanted 43:8 76:7 129:18 159:11 161:1 wants 105:9 123:19 124:10 130:5 war 16:21 Washington 15:9 22:9 144:11 194:4 waste 18:19 119:14 120:14,19 weighted 154:2 155:15 158:5 wells 33:17,20 201:16,18,19 230:10,12,18 231:1,4 232:7 233:13 234:17 236:1,14 went 17:15 20:7 24:23 47:2 68:13 74:17 75:3,8,15 77:8 138:4 139:3 140:7 141:4 155:21 197:8 199:2 260:2 261:2 west 138:22 156:21 236:17 whatsoever 35:3 243:21 whereof 276:1 white 179:4,6 wide 189:23 widely 268:18 wild 156:12 williams 86:18 87:14,17,18,20 88:11 88:22 89:6 149:9 175:23 willing 133:18 wilson 148:16 149:2 174:16 243:8 word 95:2 125:5 129:7 words 67:1 73:20 155:23 163:1 work 5:15 16:17 17:10,15,18 18:5 20:22 21:21 25:23 30:7 34:14 55:19 56:12,13 62:7 64:8 67:14 68:18 70:20 72:17 84:15,16,17 90:3 91:22 92:12,18,21 93:11,11 94:2,13 98:1 99:17 106:15 109:11 110:1 126:14 145:7,8 161:2 192:7 193:12,18 194:7,23 206:7 206:11 213:7,9 215:12 216:9 219:6 223:2 254:13 worked 13:3 16:10 21:20 25:1 26:3 26:4 34:12 52:9 168:7 184:14 198:4 201:10 209:1 210:10 227:15 228:2 worker 71:23 72:23 workers 73:18 188:16 272:14 working 16:1 63:16 88:22 91:12 128:20 129:6,13 151:14 152:8 178:1 210:9 workload 54:16,23 55:2 57:1 works 70:1 76:1,16 y'all 65:8,8 81:11 138:3,18 248:4 yards 205:20 209:5 yare 148:19,19,20 149:1 yeah 94:1 107:1 115:7 153:22 211:4 224:14 year 15:15 22:9 30:5 36:14,17 48:22 51:5,9 55:12,17 56:2 74:14 109:1 168:21,23 170:22 172:5 180:7 181:21 193:1 206:2,4,12 220:23 229:6 years 5:21 6:9 10:13 11:8,11 14:2 14:16,19 17:11 18:1221:10 22:8 24:16 27:20 35:4 38:15 43:7 185:5 188:7 190:16 194:3 201:11 203:6 207:6 242:12,22 243:13,16 244:3 254:14 year's 170:16 yellow 161:17 yesterday 7:15,17 54:9 58:9 75:13 77:19 90:16 94:4 114:6 131:1,2 224:8 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11559 [york - zero] york 31:6 40:1 young 76:1 zero 132:9 148:20 153:16 Felder, Jeffrey D. (Solutia employee) in ABERNATHY HARTOLDMONOO11560