Document bBoNRjN621BD340wZ6Xd24xmZ

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA EASTERN DIVISION ____________ _x WALTER OWENS, et al. , Plaintiffs, v. : : Case No. : CV-96-P-0440-E : : MONSANTO COMPANY, : Defendant. : ____ -- _______x Videotaped Deposition of E. SCOTT TUCKER, III, PH. D. VOLUME II (Taken by Plaintiffs) Charlotte, North Carolina Wedneday, August 2, 2000 Reported by: Sydney C. Silva Registered Professional Reporter Notary Public 283 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055707 APPEARANCES: For the Plaintiffs: JAMES L. "LARRY" WRIGHT, ESQUIRE Mithoff & Jacks, Attorneys at Law 111 Congress, Suite 1010 Austin, Texas 78701 Telephone: (512) 478-4422 Fax: (523) 478-5015 For the Defendant: D. MARSH PRAUSE, ESQUIRE Smith, Helms, Mulliss & Moore, LLP 300 North Greene Street, Suite 1400 Greensboro, North Carolina 27420 Telephone: (910) 378-5380 Fax: (910) 379-9558 ALSO PRESENT: Donald Graves, Videographer Volume II of the deposition of E. SCOTT TUCKER, III, PH.D., taken by the Plaintiffs at Smith Helms Mulliss & Moore, LLP, 30th Floor, Interstate/Johnson Lane Building, 201 North Tryon, Charlotte, North Carolina, on the 2nd day of August, 2000, 9:47 a.m., before Sydney C. Silva, Registered Professional Reporter and Notary Public. 284 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055708 1 CONTENTS - VOLUME II 2 THE WITNESS EXAMINATION 3 E. SCOTT TUCKER, III, Ph.D., 4 EXAMINATION BY MR. WRIGHT 287 5 SIGNATURE OF WITNESS 545 6 ERRATA SHEET 547 7 CERTIFICATE OF REPORTER 549 9 10 11 EXHIBITS - VOLUME II 12 NUMBER IDENTIFIED 13 7 Letter from Henry Strand to D. Wood, 11/28/66, MONS 14 090075 - 090077 292 15 Letter from Gunnar Widmark 308 to Mr. Ford, 12/29/66, 16 MONS 088150 17 9 "Pesticide Analysis," TRAN 311 056973 - 056975 (also marked 18 Plaintiff's Exhibit 318 Tucker) 19 10 "Organochlorine Residues, OECD 311 Preliminary Study 1966-67," 20 (also marked Plaintiff's Exhibit 319 Tucker), TRAN 057358 - 057373 21 11 Memo from D.V.N. Hardy to 329 22 P.G. Benignus, et al, 1/17/67, one page 23 12 Memo from D. Wood to G. R. 341 24 Buchanan, MONS 097920 - 097922 285 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055709 1 EXHIBITS - VOLUME II CONTINUED 2 NUMBER IDENTIFIED 3 13 Memo from P. Emmet Kelly to Gene Wilde, 2/21/67, MONS 4 096495 354 5 14 Memo from R. Emmet Kelly to Dave Wood, 2/27/67, MONS 6 097694 358 7 15 Press Release for January 10, 365 1967, MONS 062162 - 062165 8 16 Memo from Cumming Paton to 367 9 W. R. Richard, 6/18/68, MONS 097094 10 17 Memo from Elmer F. Wheeler to 377 11 W. R. Richard, 10/21/68, MONS 097123 12 18 Memo from Elmer F. Wheeler to 377 13 W. R. Richard, 10/21/68, SCM 051029 - 051045 14 19 Memo from Elmer F. Wheeler to 460 15 W. R. Richard, 4/8/69, TRAN 008733 (also marked Plaintiff's 16 Exhibit #353 Tucker) 17 20 Memo from E. S. Tucker to R. E. Keller, 6/24/69, MONS 18 097041 - 097042 467 19 21 "Study of the Open Air Combustion 494 of Paper Containing Aroclor 20 1242," Special Study 70-6, MONS 071074 - 071078 21 22 Telex 3/2/70, MONS 21782 498 22 (Exhibits attached) 23 24 286 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055710 1 PROCEEDINGS 2 THE VIDEOGRAPHER: Today's date is 3 August 2, 2000, this is tape four of the 4 deposition of Dr. E. Scott Tucker, III. 5 We're on the record at 9:47. 6 E. SCOTT TUCKER, III, PH.D., 7 reappeared as a witness and, having been 8 previously duly sworn by the court reporter, 9 continued in deposition and testified as follows: 10 EXAMINATION 11 BY MR. WRIGHT: 12 Q. Today I would like to get into your 13 expert opinions, and let me start with the 14 question, what is your understanding of why 15 Monsanto has placed you forward as an expert in 16 this case? 17 A. Well, first of all, my understanding is 18 that in my area of expertise I am an expert. And 19 so that is one of the reasons, of course, that you 20 classify somebody as an expert because they are 21 qualified. 22 The other reason I believe is, is that 23 because of the length of time that I have been in 24 this particular business and been involved with 25 this particular subject I can provide a 287 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055711 1 perspective from the beginning to the current day. 2 And so I believe that's why. 3 Q. Are you familiar with -- I believe one 4 of the things in your report says you're familiar 5 with Monsanto's response to the polychlorinated 6 biphenyl environmental situation. Is that true? 7 A. In the capacity that I was with Monsanto 8 with during the period of time that I was with 9 Monsanto, that is true. 10 Q. Okay. 11 A. Certainly it is not all-inclusive, 12 obviously. That's why I say I qualify it with the 13 capacity and period. 14 Q. And as we discussed yesterday, you were 15 the person that Monsanto tasked with the primary 16 responsibility for validating the work of Jensen 17 and the other scientists who found PCBs in the 18 environment initially? 19 A. That's correct. I was tasked with the 20 responsibility of verifying that the tentative 21 identifications that these people had done were 22 indeed true. And further with the task of 23 optimizing methods and adopting methods and 24 developing methods that were specific for 25 measuring PCBs and actually quantitating those. 288 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055712 1 Q. Was it your impression at the time you 2 were given that task that that was a matter of 3 some important to Monsanto? 4 A. Correct. I don't believe Monsanto was 5 in the habit of taking Ph.D. chemists and 6 assigning them problems that were trivial. 7 Q. And in all honesty, based upon your 8 experience, it would have been a matter of concern 9 for any responsible company to know that their 10 product is persisting in the environment, may be 11 bioaccumulating and may have the kind of toxic 12 effects that were contended that PCBs might have? 13 MR. PRAUSE: Object to the form of the 14 question. 15 A. If you are asking me do I agree that a 16 chemical company such as Monsanto and especially 17 Monsanto was concerned about how what they did 18 impacted society, I would agree with that. I 19 think that's kind of in the broad vein that you 20 asked that question. 21 Q. Yes, that's exactly what I was asking. 22 And in that respect, a responsible 23 chemical company would do everything within its 24 power to reasonably determine what its products 25 were doing in the environment as soon as it became 289 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055713 1 aware of a potential problem like that? 2 MR. PRAUSE: Object to the form of the 3 question. 4 A. That's, that answer is yes and I believe 5 to this day that that is true of Monsanto. 6 Q. All right. And you believe that because 7 as soon as you were given this task of validating 8 Dr. Jensen's work you set out to do so in as 9 expeditious a manner as you could perform? 10 A. Yes. 11 Q. And in fact, Dr. Tucker, however, you're 12 aware, are you not, that by the time Monsanto gave 13 you the task of validating Dr. Jensen's work that 14 Monsanto had been aware of Dr. Jensen and 15 Dr. Widmark and others' work for at least a 16 year-and-a-half? 17 MR. PRAUSE: Object to the form of the 18 question. 19 A. I'm not, I couldn't swear to that. 20 Q. All right. In fact, a year-and-a-half 21 delay would not have been proper in response to a 22 matter like the environmental concerns that we 23 talked about earlier? 24 MR. PRAUSE: Object to the form of the 25 question. 290 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055714 1 A. I don't agree with that. In my opinion, 2 we have here what is called and evolutionary 3 process. And based on the knowledge that was 4 available at the time that I became involved, it 5 was more of a, "Gee, I wonder how that got there? 6 And gee, I wonder if it is not an artifact?" 7 For example, I think the first report, 8 if I remember correctly, was that there was a 9 polychlorinated biphenol -- or biphenyl -- found 10 and qualitatively identified in extracts of eagle 11 feathers. And you know there was even some 12 thought at that point in time that PCBs or the 13 polychlorinated biphenyl might be a part of a 14 formulation that was used to preserve these birds 15 in the museum. 16 So I think that what you have said makes 17 a quantum jump, and that wasn't the state of the 18 knowledge at that time. 19 Q. And the time you're talking about is the 20 time that you were given the task of validating 21 the work? 22 A. I believe we have been talking about '68 23 and '69 -24 Q. Yes. 25 A. -- is the time frame that we were 291 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055715 1 talking about. Is that correct? 2 Q. Yes. 3 A. Okay, then yes 4 Q. Okay. In fact , Dr. Tucker, Monsanto had 5 been advised in November of 1966 of several of the 6 things that we discussed yesterday you were 7 advised in the summer of 1968, correct? 8 A. I haven't looked at the document that 9 you are showing or going to show me -- 10 Q. Okay. Let me show you a letter - 11 A. -- so if you are talking about it , I 12 need to look at it. 13 (Deposition Exhibit No. 7 marked for 14 identification.) 15 A. Let me show you a letter that we have 16 marked as Exhibit 7, which is a letter from 17 Monsanto. I'll just represent to you that these 18 were Monsanto's agent in Europe, Rising and 19 Strand. 20 Q. And this is a letter to David Wood, who 21 I believe you are familiar with, are you not? 22 A. Yes. 23 Q. Okay. Have you seen that letter before? 24 A. No, I have not. 25 Q. Okay. Why don't you take a moment to 292 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055716 1 review it and then I'll ask you some questions 2 about it. 3 A. (Witness peruses document.) 4 I have completed reading it. 5 Q. Okay. Was this information given to you 6 at the beginning of your task in or about July of 7 1968? 8 A. As I stated earlier, I have not seen 9 this, so no. 10 Q. All right. There is a lot of 11 information in this three-page letter about what 12 Dr. Jensen found in 1966, correct? 13 A. It appears that, that most of the 14 information is taken from popular newspaper 15 articles and does reference what Jensen has 16 apparently told them and that they have written. 17 Q. Okay. It mentions a meeting of 18 scientists in Stockholm on November 22, correct? 19 A. Where? Okay, the -- 20 Q. The second paragraph. Mentions, it 21 states, "The findings were discussed at a meeting 22 of the scientists at the Wenn-Gren Centre in 23 Stockholm on November 22." 24 A. Right. 25 Q. Correct? 293 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055717 1 A. It also says, "Below please find the 2 translation of an article in a Swedish daily 3 newspaper." 4 Q. All right. And what was stated in that 5 paper about the scientific meeting was that 6 polychlorinated biphenols, and that's the point 7 you were talking about yesterday, in this part of 8 this paper -- of this letter it says phenol, 9 P-H-E-N-O-L, correct? 10 A. Correct that was spelled -11 Q. It says "PCB for short"? 12 A. This is what I had seen earlier in a 13 copy of a telex. 14 Q. All right. 15 A. Correct. 16 Q. And on this document it is handwritten 17 "This is not biphenyl. P.K.B." Are you aware 18 that that's Paul Benignus? 19 A. Right. I'm not sure, I don't recognize 20 that as his initials, but I have no reason to 21 believe it couldn't be Paul Benignus. 22 Q. Right. 23 A. And basically it appears that he's 24 saying that, he's pointing out the fact that, as 25 we discussed earlier, that "phenols" is not the 294 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055718 1 way to prefer to biphenyl -2 Q. Right? 3 A. -- and that indeed recollects a 4 different group of compounds. 5 Q. That's right. And in fact, Monsanto was 6 aware that it was not biphenols but it was in fact 7 biphenyls such as was manufactured by Monsanto 8 within a matter of days if not weeks of this 9 letter? 10 MR. PRAUSE: Object to the form of the 11 guestion. 12 Q. Are you aware of that? 13 A. It appears that individuals within 14 Monsanto could have been. But if you are saying 15 that the whole company knew it, I doubt that. 16 Q. Okay. What is further indicated in this 17 November 1966 document is that Dr. S. Jensen 18 and -- Dr. Jensen has long, for a long time seen 19 something as unknown peaks on their gas 20 chromatographs, correct? Do you see that 21 language? 22 A. Yes. No, I see that language -23 Q. All right. 24 A. -- and I'd have to tell you that today 25 we seen unknown peaks on those chromatographs, 295 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055719 1 too. 2 Q. Okay. And that -- do you see the 3 statement, "It has been found that they consist of 4 a group of poisons, polychlorinated biphenols," 5 again with the 0 instead of the Y, "(for short 6 PYB) which are closely related to, and equally 7 poisonous as, DDT." 8 Do you see that? 9 A. I see it, yes. 10 Q. All right. And I understand that you're 11 going to tell us that you don't agree with that 12 but - 13 A. I don't. 14 MR. PRAUSE: Object to the form of the 15 question. 16 A. I see the language -17 Q. Let me ask - 18 A. -- and since you have decided what I'm 19 going to say, would you like me to say it? 20 Q. No. Let me just ask you the question: 21 Did I read that statement correctly in the 22 document from November 1966? 23 A. You have read the statement, you have 24 read excerpts of the statement correctly. 25 Q. All right. In the next page there's a 296 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055720 1 paragraph that says, "research Assistant S. Jensen 2 has tested 200 fishes and a number of birds and 3 has taken several samples of air and has reached 4 the conclusion that PCB is equally common in 5 nature as chlorinated hydrocarbons of the type of 6 DDT, DDE and Lindane." 7 Do you see that? 8 A. Yes, I do. 9 Q. Do you see that he says, or this 10 November document says, "In the course of his 11 work, Mr. Jensen has found that it is frequently," 12 and I'm skipping a little bit? 13 A. I believe that he said "not found." 14 Q. "has not found anything indicating that 15 the source of contamination comes from 16 agricultural additives. It is, however, obvious 17 already now that PCB is most frequently found in 18 organisms living in water or feeding from water 19 animals." 20 Did I read that correctly? 21 A. Yes, you did. 22 Q. All right. "In all examined pikes, PCB 23 was found." Is pikes a kind of a fish, to your 24 knowledge? 25 A. Oh, yeah, pike is a fish. It is kind of 297 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055721 1 like a walleye. 2 Q. Okay. The next paragraph indicates, 3 "PCB is found in water and air, and not only in 4 the Swedish air but also in E.G.," example, I 5 assume he means, "London air." 6 Did you see that or do you see that in 7 this November '66 document? 8 A. Yes, I do. And I think, to be fair, 9 what they are saying is that unknown peaks in 10 chromatograms similar to the ones that Jensen is 11 using to do PCB -- to do pesticide analysis, that 12 they are seeing peaks similar to what he is 13 seeing. 14 And I also recall that Dr. Widmark, who 15 is Jensen's -- who is the director of the 16 institute and who is Jensen's boss, was not as 17 positive as Jensen was. And in fact, there was a 18 disagreement between he and Jensen that there 19 should be more work done to really confirm it for 20 sure before they started getting into the popular 21 press. 22 And in fact, I don't believe that the 23 information had even been published and 24 peer-reviewed in any acceptable journal at that 25 point in time either. 298 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055722 1 But that's just my knowledge of the 2 subject in 1968. 3 Q. All right. Let me object nonresponsive. 4 Continuing with this November 1966 5 document, do you see the paragraph where it 6 states, quote, "Mr. Jensen had also examined the 7 heir of his family and himself and has found PCB 8 on all samples. Most PCB was found in the hair of 9 his wife but most sensational was that the girl 10 aged five months had more PCB in her hair than her 11 brothers and sisters of three and six years. 12 Probably the girl had got the poison via the 13 mother's milk." 14 Did I read that correctly? 15 A. You read it correctly. 16 Q. And in fact, Dr. Tucker, you are aware 17 that PCBs do bioaccumulate in humans, correct? 18 A. Yes. 19 Q. And you are aware that there is now no 20 question that PCBs are transferred from mothers to 21 children through breast milk? 22 A. Yes. 23 Q. And that they accumulate in human beings 24 just as they do in fish, birds and mammals? 25 A. PCBs are lipid soluble and yes, they do. 299 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055723 1 Q. Now in the next - 2 A. That's not what that says, I hope you 3 know that. 4 Q. No, we read exactly what it says. 5 A. I know, but that is not what that says, 6 what you are saying. But that's okay. 7 Q. You don't think a fair reading of this 8 is that PCBs contaminate human beings and are 9 passed to the children through the mother's breast 10 milk? 11 MR. PRAUSE: Object to the form of the 12 question. 13 A. I think in the year 2000 that that's a 14 fair statement to make for even you. I do not 15 believe in 1966 that it was a fair statement for a 16 responsible scientist to make based on the 17 information and the knowledge that was available 18 at that time, and certainly not in a popular 19 newspaper article. 20 Q. Well, it turns out, however, that it was 21 confirmed after this statement was made that that 22 statement is essentially true? 23 A. Yes, that is correct. And in fact, we 24 were major participants in confirming the facts. 25 Q. And in fact Monsanto had an absolute 300 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055724 1 responsibility to confirm whether or not its 2 products were accumulating in human beings and 3 being passed from mother to child in breast milk? 4 MR. PRAUSE: Object to the form of the 5 question. 6 Q. Correct? 7 A. I'm not sure that -- the concept, yes. 8 And Monsanto did participate in that and did just 9 as you have said. 10 Whether or not it gravitates down to as 11 specific as something as mother's milk, I don't 12 know whether an absolute responsibility is 13 associated with something like that. 14 Q. You don't believe a corporate -15 A. In 1966. 16 Q. You don't believe a corporation like 17 Monsanto had a duty even in 1966 to determine 18 whether its chemicals were accumulating in humans 19 or gravitating into humans and being passed from 20 humans into their children through the mother's 21 milk? 22 MR. PRAUSE: Object to the form of the 23 question. 24 A. Not only -- I'm sorry. Not only do I 25 believe that, as I've stated earlier, the company 301 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055725 1 participated in that thing and was a major player 2 and had major resources dedicated to doing just 3 that. 4 Q. All right. And the next paragraph I 5 believe is what you were referring to yesterday 6 about taking samples from a museum, and I'll just 7 read the paragraph. 8 "In the state museum Mr. Jensen has 9 examined the whole collection of sea eagles dating 10 back to 1880. By testing it could be established 11 that PCB was present only in birds from 1944 and 12 thereafter while birds collected before 1944 were 13 quite free from PCB." 14 Do you see that paragraph? 15 A. Yes, I do. 16 Q. Does that give a hint the scientific 17 community and producers of PCBs in particular 18 that, in fact, what was being found was 19 accumulating after the widespread use of PCBs 20 began? 21 MR. PRAUSE: Object to the form of the 22 question. 23 A. No. 24 Q. That gives no hint to either Monsanto or 25 anybody else? 302 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055726 1 A. No. There's so many explanations with 2 that limited amount of information that it -- no. 3 Q. Okay. But in fact, we know that that is 4 true now, correct? 5 A. Not based on eagle feathers. 6 Q. No, but based on the entire body of 7 science that developed after this - 8 A. 33 years later -9 Q. -- indication? 10 A. -- we know that for sure based on 11 responsible scientists investigating the problem, 12 sharing it with each other, and determining what 13 was going on, absolutely. 14 Q. And the next paragraph says, "The use of 15 PCB in Sweden is not established in detail. 16 According to American sources these type of 17 products are used in the manufacture of a variety 18 of heat-resistant materials that are used for 19 electrical insulation, for fireproof heat 20 transport in hydraulic oils, in lubricating oils 21 used at high temperature and pressure, in paints 22 and as pigments in various plastics." 23 That describes essentially the spectrum 24 of Monsanto's PCB products at the time, correct? 25 MR. PRAUSE: Object to the form of the 303 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055727 1 question. 2 A. It's a description, a summary 3 description, of the uses of PCBs. 4 Monsanto, by the way, wasn't the total, 5 the only U.S., the only international manufacturer 6 of PCBs, so -7 Q. I understand that. Monsanto was the 8 only U.S. manufacturer? 9 A. Correct. But there were multiple ones 10 in Europe and Russia and those kinds of places, 11 too. So it was kind ever presumptuous to assume 12 that they came all the way from the United States 13 to Sweden when there were closer sources. 14 Q. And it didn't really matter where they 15 came from in November of 1966, did it, Dr. Tucker? 16 Wasn't the important fact that PCBs were being 17 found in wildlife, found in human beings, presumed 18 to accumulate through the food chain, and have 19 toxic properties? 20 MR. PRAUSE: Object to the form of the 21 question. 22 Q. Weren't those the important points? 23 A. That's a multiple question. I don't 24 know how to answer -25 Q. Were each one - 304 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055728 1 A. -- each of the questions. 2 Q. Okay. Were each one of those points 3 important to Monsanto or should have they been 4 important to Monsanto? 5 MR. PRAUSE: Object to the form of the 6 question. 7 A. All of those points were important to 8 the world and including Monsanto; and I think I 9 have established and stated that Monsanto took 10 them as being important. 11 Q. Would those points be more important to 12 the world's leading manufacturer of PCBs than to 13 the ordinary person on the street in November of 14 1966? 15 MR. PRAUSE: Object to the form of the 16 question. 17 A. Yes. 18 Q. Now here in the last paragraph there is 19 stated, quote, "I suppose there is no doubt that 20 what has been termed polychlorinated biphenyls," 21 and here it is spelled correctly, isn't it, 22 Dr. Tucker? 23 A. Here what is spelled correctly? 24 Q. Biphenyls, it's spelled polychlorinated 25 B-I-P-H-E-N-Y-L-S? 305 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055729 1 A. Yes, and it does say, "I suppose there 2 is. " 3 Q. Yes. So to read that sentence, the 4 summary sentence of this November 1966 letter, I 5 suppose there, quote, "I suppose there is no doubt 6 that what has been termed polychlorinated 7 biphenyls is equal to Aroclor. There is also no 8 doubt that the published facts will cause 9 considerably unrest in several quarters. We 10 probably will have to have Aroclor registered with 11 the Swedish Board of Poisonous Substances and the 12 industry will have to be particularly careful in 13 handling the material." 14 Did I read that correctly? 15 MR. PRAUSE: Object to the form of the 16 question. 17 A. You read it correctly. Is there -- let 18 me ask you a question. Is there a question here 19 outside the fact did you read the paragraph 20 correctly? 21 Q. No. 22 A. Okay. Thank you. 23 Q. The only question that I just asked you 24 is, "Did I read that paragraph correctly?" 25 MR. PRAUSE: Object to the form of the 306 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055730 1 question. 2 Q. Or did I read the first part -3 A. I was trying to understand if you had a 4 question for me there outside of that one. And 5 you apparently don't. So you did read it 6 correctly as it is written. 7 Q. And in fact, whoever wrote this, 8 Monsanto's agent, Henry Strand, was correct. 9 Eventually Aroclor was regulated, and eventually 10 industry was instructed to be careful in handling 11 the material, and eventually in fact the material 12 was banned worldwide? 13 MR. PRAUSE: Object to the form of the 14 question. 15 A. Parts of your question can be answered 16 yes and parts of your question can be answered no. 17 Which parts of your question would you like me to 18 address? 19 Q. I don't think we need to address it any 20 further. 21 Would you have liked to have had this 22 information when you began your attempt to 23 validate Dr. Jensen's work in July of 1968? 24 MR. PRAUSE: Object to the form of the 25 question to the extent you are posing a 307 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055731 1 hypothetical question to a fact witness. 2 Q. You can answer. 3 A. My answer is that it wouldn't have 4 impacted what I did in any way, shape or form. I 5 would have done the same thing regardless of 6 having that information or not in terms of what my 7 responsibilities were, what my function was and 8 what my assignment was. It would have neither 9 made it easier or harder; it wouldn't have made it 10 faster or slower. 11 (Deposition Exhibit No. 8 marked for 12 identification.) 13 Q. Now, in fact, within approximately a 14 month of this November 1966 letter, Dr. Widmark 15 himself is communicating to Mr. Ford in St. Louis 16 directly, correct? 17 A. Did you want me to read this? 18 Q. Well, first of all, just see if that is 19 what I represented, a direct communication from 20 Dr. Widmark to - 21 A. What you have represented here is a copy 22 of what appears to be a cover page or a letter 23 that is addressed to a Mr. Ford from Gunnar 24 Widmark. 25 Q. All right. And you can review that. 308 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055732 1 But before you do, you're aware that Gunnar 2 Widmark is the Dr. Widmark that we have talked 3 about that works with -4 A. That is correct. 5 Q. -- Dr. Jensen in Sweden? 6 A. (Nods head up and down.) 7 MR. PRAUSE: Object to the form of the 8 question. 9 Q. Go ahead. Is that correct? 10 A. Yes. 11 Q. All right. Why don't you go ahead and 12 review the letter and the attached materials. 13 A. (Witness peruses document.) Did you 14 want me to read the entire document or simply the 15 cover letter? 16 Q. No, yeah, for the time being just read 17 the cover letter. 18 A. I have read that. 19 Q. I will represent to you that the 20 documents that are attached to that are an exhibit 21 from a previous deposition that you gave, and they 22 are essentially Dr. Widmark's and Dr. Jensen's 23 paper. But why don't you take a quick look at -24 A. Do you want me to review Plaintiff's 25 Exhibit 318 Tucker? 309 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055733 1 Q. To the extent you feel necessary. 2 A. (Witness peruses document.) May I ask a 3 question about the exhibit? 4 Q. Yes, sir. 5 A. The letter on top is dated December 29, 6 1966, and the exhibit is designated as 7 September 14, 1967. So there's almost a year 8 difference between the two. 9 Q. Okay. 10 A. Is that important? 11 Q. I'm not sure whether it is or not. 12 Let's talk about them piece-by-piece, because - 13 MR. PRAUSE: Do you have any other 14 copies of that? 15 MR. WRIGHT: No. 16 MR. PRAUSE: Given the questions that 17 Dr. Tucker has raised about it, I would like 18 to look at it before we proceed. 19 MR. WRIGHT: Why don't we break them up, 20 then. 21 MR. PRAUSE: Okay. 22 MR. WRIGHT: I put them together because 23 I thought they went together. But perhaps 24 you can explain why they don't go together. 25 THE WITNESS: Did you want an 310 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055734 1 explanation of that, was that a question? 2 MR. WRIGHT: No, not yet. The first 3 document is Exhibit No. 8; and that is the 4 letter that we discussed from Dr. Widmark to 5 Mr. Ford in St. Louis, Missouri, in December, 6 dated December 29, 1966. 7 THE WITNESS: Did you want Marsh or did 8 you want Mr. Prause to look at it? 9 MR. WRIGHT: He wanted to look at it. 10 MR. PRAUSE: Mr. Prause would like to 11 look at it. (Pause) 12 (Deposition Exhibits Nos. 9 and 10 13 marked for identification.) 14 Q. The next two exhibits, Exhibits 9 and 15 Exhibits 10, are exhibits from a previous 16 deposition of yours, the deposition that you gave 17 in the TransWestern case for Monsanto. 18 First of all, do you recall giving that 19 deposition? That was the one that was given in 20 Greenville, South Carolina. 21 A. Yes. 22 Q. And exhibit -- well, I'll just ask you 23 what Exhibit 9 and Exhibit 10 are. 24 Let's start, however, with Exhibit 25 No. 8, which is the cover letter. In this letter 311 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055735 1 from Dr. Widmark, he indicates that -- well, in 2 the first paragraph he basically greets Mr. Ford 3 and reminds him of a meeting that they had had a 4 the year before, correct? 5 A. Actually it goes a little bit further 6 than that, from my viewpoint; in terms of what I 7 read, at least. 8 Q. Well I'm trying to focus on the 9 significance. You think there is some 10 significance to what else is stated in the first 11 paragraph? 12 A. Yeah, I do. Because it kind of 13 indicates that there has been a cooperative effort 14 between Monsanto and Dr. Widmark on phenolic 15 composition of TCP, which is probably 16 trichlorophenol. And I think that's important 17 relative to the confusion with respect to the 18 polycaloric biphenyls and things of that sort. 19 I also think it is important to note 20 that there has been a cooperative effort between 21 Widmark and Monsanto as early as this. 22 Q. And so there was a clear line of 23 communication between Monsanto and Widmark for 24 whenever Monsanto chose to exercise it prior to 25 December 1966, apparently? 312 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055736 1 MR. PRAUSE: Object to the form of the 2 question. 3 A. The letter demonstrates that Widmark 4 could communicate with Mr. Ford and did. 5 Q. Okay. In the second paragraph of this 6 letter it states, and I will read it and you tell 7 me if I'm reading it correctly: 8 "This letter is to inform you that we 9 recently have identified most of the unknown 10 GC-peaks at residue analyses of pesticides in 11 biological samples. By the aid of combined GC and 12 mass spectrometry Mr. Jensen of this institute has 13 found the unknowns to be polychlorinated 14 biphenyls," with a Y. And that is underlined, 15 correct? 16 A. Yes. 17 Q. "polychlorinated biphenyls," underlined, 18 "which among other companies are manufactured by 19 Monsanto, trade name Aroclor." 20 Did I read that paragraph correctly? 21 A. You read it very well. 22 Q. The next paragraph states, "Added to 23 this letter you will find a preprint of the 24 synopsis of our publication which will appear in, " 25 and it's an acronym ACTA? 313 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055737 A. Acta. Chem. Scand. Q. Acta. Chem. Scand.? A. Analytical Chemistry of Scandinavia. Q. "(Summer 1967.) Two gas chromatograms are also added to show that the chlorinated biphenyls are enriched in ecological series. In the sample of the sea eagle were found: polychlorinated biphenyls," is that 80 ppm? A. It could be 80, 60, 50. Q. You canned read it? A. No, I can't read whether it's an eight, a six or a five Q. All right. A. But it, I mean... Q. All of that is essentially irrelevant, whether it is an eight or a six or a five? A. Exactly. But you asked me if I could read it Q. Okay. "Ordinary chlorinated pesticides 80 ppm and mercury," something in parentheses, "40 ppm. " Did I read that correctly? A. Yes, you did. Q. Then the last paragraph, "At present we have no knowledge of the biological significance 314 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055738 1 of the presence of these compounds in living 2 organisms. We have started a collaboration with 3 the Department of Toxicology at the Carolin 4 Institute but we should very much appreciate to 5 work with your toxicologists over this problem." 6 Last paragraph, "We will be glad to give 7 you any further informations of the results 8 obtained in this laboratory. 9 "Sincerely yours, Gunnar Widmark." 10 Did I read the rest of the letter 11 correctly? 12 A. Yes. 13 Q. Okay. And so obviously attached to this 14 letter was, according to him, a synopsis of the 15 publication that will appear in the summer of '67 16 and two gas chromatograms. And that's why I 17 attached Exhibit 9, because it seemed to me to 18 match what he was describing. But if you would 19 look at Exhibit 9, you may - 20 MR. PRAUSE: Object to the form of the 21 statement in the last question. 22 Q. -- believe that it was not - 23 A. From my viewpoint, too, it is nice to 24 see that they agree with us that at that point 25 they had no knowledge of the biological 315 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055739 1 significance. Later on that was, that was 2 developed; but at this point in time that was an 3 accurate estimate of the knowledge, including his. 4 On the exhibit that you had attached to 5 this when I -6 Q. Let me object nonresponsive and ask you 7 a question, because I - 8 A. I thought you questioned me a question. 9 It's becoming very confused so you might -10 Q. As counsel, as counsel pointed out in 11 his objection, perhaps I made more of a statement 12 than a question, so let me ask you a question. 13 A. Okay. 14 Q. And you answer my question. 15 A. And it is appreciated, thank you. 16 Q. What does Exhibit 9 appear to be to you? 17 A. (Witness peruses document.) Exhibit 9 18 appears to be a part of what you had shown me 19 earlier and asked me to review. 20 Q. Yes. And what does it appear to be to 21 you? 22 MR. PRAUSE: Object to the form of the 23 question. That's asked and answered. 24 Q. Apart from being what I had shown you 25 earlier, what does Exhibit 9 appear to be to you, 316 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055740 1 Dr. Tucker? 2 A. It is a, according to it itself -- it 3 looks, first of all, like it is a copy of a larger 4 document because you can see in the binding in the 5 area there that there's much more to this than, or 6 at least it would appear. 7 And the front page is called a synopsis. 8 And the second page is a chromatogram, one 9 chromatogram, of a residue. And it looks 10 primarily to be DDT and DDE and some other unknown 11 peaks. There probably could be some Lindane, some 12 other things in here, too. 13 And then attached to that single 14 chromatogram is a, likes like a written org chart. 15 Q. A written what chart? 16 A. Organizational chart having to do with 17 Widmark being the head. And then it shows that 18 there is a secretary; and that there is some 15 19 research fellows. And that the education is 24 20 students a year, 12 graduates. That there are 21 four technical assistants, that they have two 22 workshops. That they have about a 400-meter, 23 square meter, laboratory. 24 And then it lists some examples of some 25 instrumentation that they have. They have 40 gas 317 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055741 1 chromatographs. They have an infrared, an 2 ultraviolet. They have an atomic absorption, 3 which we talked about earlier. They have a 4 differential scanning calorimeter. They have an 5 ion chamber. 6 Q. Doctor -7 A. They have an electrophoresis. 8 Q. -- let me just stop you there. 9 MR. PRAUSE: I think the doctor is 10 entitled to finish his answer. 11 Q. Okay, that's fine. 12 A. They have, interestingly enough, at the 13 end of that paragraph they have written in an LKB 14 9000 mass spectrometer, which is the one that was 15 first used by them and LKB and attached to a GC 16 and used on environmental samples. 17 Q. Somebody has written that in, you're 18 saying? 19 MR. PRAUSE: Objection to the form of 20 the question. 21 A. Yeah, how could I get there unless, you 22 know, they could have -- it would appear, yes. 23 Q. Somebody hand-wrote something -24 somebody hand-wrote what you just said on top of 25 the -- 318 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055742 1 A. I believe that's what I said. 2 Q. -- text. 3 A. Yes. 4 Q. Well, you said "they did it," and - 5 A. "They" as a general term. 6 Q. Right. 7 A. But that's fine. I'm missing something 8 here. But as I said, handwritten on the sheet, 9 interestingly enough, is -- to me at least -- is 10 the mass spectrometer, the actual model number and 11 everything that was used for the first time on the 12 environmental samples by those folks. It's kind 13 of a hallmark. 14 "Research specialities: Analytical 15 chemistry in the field of organic, biochemistry 16 and medicine." 17 And then it has got, "Basic research," 18 and it lists four people in gas chromatography; 19 analysis of expired air, which I assume breathing, 20 head space analysis, and quantitative gas 21 chromatography. And those are basic research 22 items. 23 And then it has applied research items: 24 Analysis of chlorinated pesticides, and it lists 25 Soren Jensen there. And then it has, "Analysis of 319 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055743 1 3,4-Benzopyrene," which is a polynuclear aromatic 2 that -- and it lists a gentleman's name that I 3 can't pronounce. 4 Then there's lipid analysis, there's 5 mercury analysis by atomic absorption. There's 6 organic mercury by gas chromatography -- again, 7 that lists Jensen. And there's isotope synthesis. 8 And then there's a footnote that 9 designates what the X on some of these means, and 10 it means, "Research combined with stations for 11 routine analysis." And my assumption is, is that 12 those people are responsible for research in their 13 designated areas as well as routine analysis of 14 samples that are somehow provided them. 15 And that's what you gave me. 16 Q. All right. So in summary, Exhibit No. 9 17 does three basic things. The first is a synopsis 18 of Jensen and Widmark's work, correct? 19 A. That's what I said. 20 Q. The second is a chromatograph like the 21 one that is referenced in the letter of 22 December 29, 1996 -- or 1966, correct? 23 A. No. I -- actually, if I may, it could 24 be but it is not as clear as I think you have 25 stated, at least to me. 320 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055744 1 Q. Okay. 2 A. And I think you are asking my opinion. 3 Q. Let me restate the question, or let me 4 restate the question. 5 Exhibit No. 9 consists of essentially 6 three different types of information, the first 7 being a synopsis of Dr. Jensen and Dr. Widmark's 8 work, correct? 9 A. It is a synopsis. 10 Q. Okay. 11 A. I'm not sure of the scope. 12 Q. All right. The second piece of 13 information that is contained in Exhibit No. 9 is 14 a chromatogram, correct? 15 A. Yes. 16 Q. And the third is a description of 17 Dr. Widmark's laboratory dated in the upper 18 right-hand corner September 1966, correct? 19 A. That's correct. 20 Q. Okay. And - 21 A. There are no dates on the other 22 documents, are there? Just for my own 23 education -24 Q. I don't know whether there are - 25 A. -- since these are together. 321 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055745 1 Q. -- or not? 2 A. I don't see any dates on those and I 3 don't -4 Q. Yeah. My main question to you, - 5 A. Okay. 6 Q. Dr. Tucker, right now is, was this 7 information provided to you when you began your 8 work in July of 1968? 9 A. And we're talking about Exhibit 8 and 9? 10 Q. Yes. 11 A. I think I testified earlier, maybe it 12 was the one before this, I don't recall seeing 13 Exhibit 8. 14 Q. All right. 15 A. Previously. 16 Q. Yeah, you testified you didn't remember 17 seerng - 18 A. Was Exhibit 8 part of the deposition for 19 the TransWestern Pipeline as you intimated 20 earlier. 21 Q. No, not that I know of. 22 A. Okay. Then I just want to make sure 23 that I am correct in saying I have not seen 24 Exhibit 8 previously. 25 Q. Okay. Well, let me just ask you the 322 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055746 1 question, because - 2 A. I thought that was the question you 3 asked me. I'm not trying to be argumentative, but 4 was that not the question you asked me? 5 Q. No, that was not the question I asked 6 you. 7 A. Okay. I'm sorry. 8 Q. But I will ask you that question. Let 9 me ask you: You had indicated that you had not 10 seen Exhibit No. 7 before, which is the letter 11 from Rising and Strand dated November 28, 1966, 12 correct? 13 A. Yes, I'm not confused on that issue. 14 Q. All right. Have you ever seen the 15 letter from Dr. Widmark dated December 29, 1966, 16 before, to the best of your knowledge? 17 A. The one that we havenow broken out and 18 called Exhibit 8? 19 Q. Yes, sir. 20 A. That we have answeredquestions on 21 previously? 22 Q. Yes. 23 A. No. 24 Q. Okay. Have you ever seen, other than at 25 your deposition, Exhibit No. 9, which is the 323 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055747 1 information that we just talked about, which is 2 the synopsis of the chromatogram and the 3 description of the laboratory? 4 A. And you are talking about the deposition 5 in the TransWestern case in Greenville? Have I 6 ever seen this document previous to that? Is that 7 the question? 8 Q. Yes. 9 A. Are you sure that's the question? 10 Q. No. 11 A. I'm not sure you're sure that's the 12 question. 13 Q. No, I'm not really sure that's the 14 question. 15 A. Ask the question, please. 16 Q. I don't really care about that, to be 17 honest. The question that I care about is: Was 18 this information that is incorporated in Exhibit 19 No. 9 given to you at the time you started your 20 investigation in about July of 1968? 21 A. I have seen this document before the 22 deposition on the TransWestern case, and I think I 23 have seen this document a long time before the 24 TransWestern deposition. 25 And I would say that at or about the 324 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055748 1 time or after that time, certainly within a 2 reasonable period, I probably was -- I probably 3 did see this document. 4 Q. Okay. 5 A. However, the other part of the document 6 that you broke out is labeled 67 -7 Q. Yeah, hang on just a second. 8 MR. PRAUSE: I would like to have the 9 doctor finish his answer. He's trying to 10 explain his thought process to you and he's 11 entitled to do is that. 12 MR. WRIGHT: It's going to be 13 nonresponsive and all I'm saying is - 14 MR. PRAUSE: You're welcome to move to 15 have it stricken as nonresponsive, but he is 16 entitled to give it to you. 17 I'm not trying to be difficult. I don't 18 know what Dr. Tucker is about to say, it 19 might be important. 20 MR. WRIGHT: Well, he was about to talk 21 about a different exhibit and we're talking 22 about Exhibit No. 9 right now. And I'll be 23 glad to let him talk for the rest of the day 24 about exhibit No. 10 if he would like; but my 25 specific question related to the information 325 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055749 1 contained in Exhibit No. 9 and he had 2 answered that question and was moving on to 3 another exhibit and -4 MR. PRAUSE: I don't know what he was 5 going to do because you didn't give him the 6 chance to do it. Can we give him a couple 7 sentences to see where he is going? 8 MR. WRIGHT: If he wants to keep going, 9 that's fine. 10 MR. PRAUSE: Thank you. 11 MR. WRIGHT: Okay. 12 THE WITNESS: Where I was going was that 13 originally these items had been presented as 14 one item; and so I'm making sure that when I 15 answer a question on Exhibit 9 and/or 16 Exhibit 8 that I'm not also implying or that 17 you think I'm referring to Exhibit 10. And 18 that's all I meant by that. And I'm sure 19 I -- 20 MR. PRAUSE: Thank you for indulging me. 21 THE WITNESS: Thank you. 22 MR. WRIGHT: Thank you, doctor. I will 23 object that it is nonresponsive and I will 24 re-ask my question and then we'll move on to 25 Exhibit No. 10. 326 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055750 1 BY MR. WRIGHT: 2 Q. My question specifically is, were you 3 given this information when you began your 4 investigation in or about July of 1968? 5 A. I believe that I was provided that 6 information shortly after I began my investigation 7 during that time frame. 8 Q. Can you say when you first saw the 9 information that is contained in Exhibit No. 9? 10 A. Since we're dealing with something that 11 happened 33 years ago, I believe I have already 12 said that. 13 Q. To the best of your ability? 14 A. And that's exactly what I'm trying to do 15 here. 16 Q. Okay. Now exhibit No. 10 is also an 17 exhibit from your deposition in the TransWestern 18 case, and you reviewed that a little while ago. 19 If you would like to review it again, feel free. 20 A. It depends on what we're going to do 21 with it. 22 Q. All right. My question is, did you -23 first of all, had you seen that document to the 24 best of your knowledge before your deposition in 25 the TransWestern case? 327 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055751 1 A. Yes. 2 Q. Did you have that information at the 3 beginning of your investigation in July of 1968? 4 A. Yes. 5 Q. Are you sure about that? 6 A. We're using the word "beginning"; and as 7 I defined it earlier, yes. 8 Q. Okay. Well, how is "beginning" defined 9 in your mind, within the first few months? 10 A. I believe we can read my answer to the 11 other question back. I believe that what I said, 12 and I'll try to repeat myself exactly, is that 13 we're dealing with something that happened 33 14 years ago. And to the best of my recollection I 15 received these documents shortly after I began the 16 initial date that I started working on this. 17 Q. All right. 18 A. That's what I said. That's the best 19 resolution that my memory are give me at the 20 moment of something that happened 33 years ago. 21 Q. Thank you, doctor. I'll object to the 22 nonresponsive portion. 23 Now, in fact, Dr. Widmark and Dr. Jensen 24 were not the only researchers who were working in 25 this field even as early as 1967, correct? 328 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055752 MR. PRAUSE: Object to the form of the question. I would like you to tell him what field you're talking about. Q. Finding polychlorinated biphenyls in environmental samples. A. I'm going to have to ask you to state your question again, please, because I'm -- Q. Are you aware or were you aware at the beginning of your investigation that there were, well, let me just ask you this: A. We're done with Exhibit 10? Q. Yes. A. Okay. (Deposition Exhibit No. 11 marked for identification.) Q. Did you ever talk to a Mr. Richardson from the Shell Company in Europe? A. No . Q. Did you ever hear about a Mr. Richardson at the Shell Company in Europe doing work in identifying PCBs in environmental samples? A. No . Q. Okay. Let me hand you what we have marked as Exhibit No. 11 and ask you to take a moment to look at that. 329 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055753 1 A. (Witness peruses document.) 2 Q. Have you had an opportunity to review 3 the document, Dr. Tucker? 4 A. I'm in the process and I'll let you know 5 just as soon as I finish. (Witness peruses 6 document.) 7 Okay, as I said, I have finished 8 reviewing it now. Oh, I'm sorry. 9 Q. Is that the first time that you have 10 seen Exhibit No. 11? 11 A. That's my recollection, yes. 12 Q. Exhibit No. 11 shows that it was 13 originally sent from a D.V.N. Hardy in London. 14 Are you aware of who Dr. Hardy was? 15 A. No. 16 Q. Let me just represent to you that he, I 17 believe, it was on the medical staff for Monsanto 18 in London. 19 MR. PRAUSE: Object to the form of the 20 question to the extent that it implies 21 Monsanto's United Kingdom operation is the 22 same thing as Monsanto U.S. 23 Q. Let me just ask you a quick series of 24 questions in that regard. During your time at 25 Monsanto, you were aware that Monsanto had a 330 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055754 1 facility or actually more than one facility in 2 England, correct? 3 A. Yes. 4 Q. One of the facilities in England 5 manufactured polychlorinated biphenyls, correct? 6 A. Yes. 7 Q. You had a fair amount of contact with 8 personnel in England about polychlorinated 9 biphenyls over the years, correct? 10 A. I had contact. I don't know whether you 11 would qualify it as "fair" or not, but yes, I had 12 contact. 13 Q. And you knew that the people you were 14 contacting with at Monsanto Europe were a part of 15 the Monsanto corporation, correct? 16 A. I knew that they were, they represented 17 Monsanto in England, yes. 18 Q. All right. Now some of the addressees 19 of this document include Paul Benignus in 20 St. Louis, correct? 21 A. I'm going to have to move around where I 22 can see. 23 Q. That's okay, I'll hold it there. 24 MR. PRAUSE: So you do have extra copies 25 of these. 331 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055755 1 MR. WRIGHT: Is that the same thing? 2 MR. PRAUSE: Yeah. 3 MR. WRIGHT: So actually, that's true, 4 that's a good point. Why don't you give him 5 back the originals. I do have extra copies 6 of a couple of them, so you and I can look at 7 it together. 8 BY MR. WRIGHT: 9 Q. Now for the record, we're looking at 10 Exhibit No. 11 and one of the lead addressee is 11 Paul Benignus in St. Louis, correct? 12 A. Yes. 13 Q. And you knew Mr. Benignus, correct? 14 A. Yes. 15 Q. Mr. Benignus was involved in working on 16 the PCB -- in the PCB area during your period of 17 time at Monsanto? 18 A. My understanding Mr. Benignus was a 19 technical marketing type for PCBs. 20 Q. All right. 21 A. Involved with sales, especially as 22 associated with dielectrics. 23 Q. G. R.Buchanan was another recipient of 24 this letter. Who is he? 25 A. I don't know. 332 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055756 1 Q. Dr. R. Emmet Kelly of St. Louis was a 2 recipient, who was he? 3 A. Dr. Kelly was the Medical Director for 4 Monsanto in St. Louis. 5 Q. G. R. Graham in New York, did you know 6 him? 7 A. No. 8 Q. R. A. Steenrod in St. Louis, did you 9 know him? 10 A. No. 11 Q. David Wood in Brussels, we talked about 12 earlier You did know him or know who he was? 13 A. I knew of him. 14 Q. J. A. Evans in London, did you know J. 15 A. Evans? 16 A. No, sir. 17 Q. And H. A. Baxter in Ruabon, I believe 18 you did know, correct? 19 A. You are correct again. 20 Q. Then up above that there is a little 21 stamp with several initials and check marks. 22 First of all, what does, during your years at 23 Monsanto, what did a stamp like that generally 24 signify? 25 A. It wasn't particularly a Monsanto stamp 333 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055757 1 that I ever used. In fact, I never used something 2 like; this, this is the first time I have ever 3 seen one. 4 Q. It is the first time that you have ever 5 seen a stamp that has initials and check marks and 6 says "File, Destroy, Initials." 7 A. No, in my career I have seen lots of 8 stamps that have initials and file marks on them. 9 I'm telling you that in our area we never used a 10 stamp. This is probably a stamp that may have 11 been used by whoever this copy belonged to. 12 Q. Okay. 13 A. And I got the feeling you were asking me 14 if this is a Monsanto stamp, and it really wasn't. 15 Q. Okay. Well, I'm just asking you if you 16 are familiar with it and you're telling me you're 17 not. That's fine. 18 Some of the initials I'm assuming are 19 going to sound familiar to you. EPW, does that 20 sound like Emmet Wheeler's initials? 21 A. Certainly doesn't sound like Emmet. It 22 might sound like Elmer. 23 Q. Like Elmer? I'm sorry. 24 A. That's okay, that's fine, a lot of 25 people do that. 334 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055758 1 Q. Yeah. Elmer Wheeler's initials? 2 A. It could be. I mean, there's no 3 guarantee there's not another EPW in the company. 4 But if you are asking me in the 5 condition text of our discussion what it might 6 mean, then I would have to say that on a 7 probability basis that's probably what it means. 8 P. Wheeler, I don't remember what P. stands for. 9 In fact I don't even remember -- okay. 10 Q. R. E.K. I know that R. Emmet Kelly had 11 the initials R. E.K. Didn't your boss have the 12 same initials, R. E. Keller? 13 A. His name was Robert E. Keller; and as I 14 stated earlier, there are probably a lot of people 15 who are REK. So that could mean him, it could 16 mean somebody else. 17 Q. MMJ, are you aware of somebody who 18 worked in - 19 A. No, that doesn't. 20 Q. -- that you worked with the initials 21 MMJ? 22 A. No, that's not familiar to me. 23 Q. WHH? 24 A. No. JTDG, who apparently didn't - 25 well, there's no check about it. And RAM, doesn't 335 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055759 1 mean anything to me either. 2 Do you know what those two columns mean? 3 There are two columns. 4 Q. Well, I know what I assume that they 5 mean but I don't know what they mean. 6 A. Yeah, I don't, I can't. 7 Q. The top column it says "File" and 8 there's a check mark there. There's also a check 9 mark for "Destroy"; and this one is not checked, 10 correct? 11 A. There's boxes that could be checked if 12 it was to be destroyed. But there's a second 13 column and I am just curious because it is 14 obliterated on my document. 15 Q. Okay. Yeah, there's a hole punch. This 16 was obviously hole-punched at some point, current? 17 A. Looks like it now that you mention it. 18 Q. Okay. Now let's talk about the subject 19 matter of Exhibit No. 11, this January 12, 1967, 20 communication from D. V. N. Hardy to the people 21 that we have talked about, including Mr. Benignus 22 and Dr. Kelly and David Wood and so forth. And 23 Mr. Baxter. 24 And I'll just read the first paragraph. 25 "On 2nd January 1967, Mr. A. Richardson of Shell 336 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055760 1 Chemicals' Tunstall Laboratory, Sittingbourne, 2 Kent talked with me over the telephone concerning 3 the Swedish press report relating to the 4 identification of 'polychlorinated biphenols,'" 5 here they spelled it with and 0 in quotations, "as 6 trace contaminants in sea birds, fish, et cetera. 7 Richardson has been working for some years on a 8 similar problem with insecticides such as DDT, 9 which are known to have wide distribution in trace 10 quantities. He had already found that the 11 chlorine-containing residue contained substances 12 more stable than DDT, and just as Soren Jensen 13 reports he has obtained spectrographic evidence 14 that these are very similar if not identical with 15 Aroclors. He has obtained samples of Aroclors 16 1242, 1254, 1262 and 5460 from us, and would now 17 like to have small samples of any chemically pure 18 Aroclor constituents which we may be able to 19 supply. Milligram quantities would suffice for 20 his purpose." 21 Did I read the first paragraph 22 correctly? 23 A. You did, you did it exactly the way it 24 is. Yes, you did read it correctly. 25 Q. The second paragraph sates, quote, 337 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055761 1 "Mr. Richardson was quite sure that the compounds 2 reporter to be 'polychlorinated biphenols," and 3 again that word is in quotes, "are really meant to 4 be polychlorinated biphenyls," and that's 5 underlined as it was in the Widmark letter that we 6 just looked at, correct? 7 A. It's underlined. 8 Q. Continuing the quote, "and as support he 9 has sent me a copy of the synopsis of a paper 10 entitled," quote, "'Pesticide Analysis: Presence 11 of Polychlorinated Biphenyls at Residue Analysis 12 of Biological Samples' by Soren Jensen and Gunnar 13 Widmark (photocopy attached)." 14 Did I read the second paragraph correct? 15 A. You read the second paragraph 16 accurately. 17 Q. The third paragraph states, "I discussed 18 with Richardson the soundness of Jensen's claims 19 and was assured that his work and findings are 20 sound. Jensen is on the staff of the Institute of 21 Analytical Chemistry, University of Stockholm. A 22 note on the staff and work of the Institute is 23 attached. From this you will see that Jensen is 24 wholly concerned with the analysis of chlorinated 25 pesticides and with the work of stations for 338 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055762 1 routine analysis." 2 Did I read the third paragraph 3 correctly? 4 A. You read the third paragraph accurately. 5 Q. And then finally, he asked for 6 Dr. Baxter and Dr. Buchanan to send samples of 7 pure Aroclor constituents that may be available at 8 Ruabon and St. Louis, respectively, correct? 9 A. Ruabon, I think is. 10 Q. Ruabon, however you pronounce it? 11 A. That's okay, I could be wrong. But you 12 read that paragraph accurately also. 13 Q. All right. You never spoke with 14 Mr. Richardson, correct? 15 A. No, sir, I did not. 16 Q. Did you ever speak with anyone that you 17 know that did speak with Mr. Richardson? 18 A. I'm sure I did. 19 Q. But you don't know it? 20 A. Well, I spoke with Paul Benignus a lot; 21 he may have spoken to them. He's certainly on 22 this memo. I spoke with Emmet Kelly, not 23 frequently. 24 Q. I'm sorry, I -25 A. I spoke with Baxter and I'm sure Baxter 339 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055763 1 talked with him because he was in there over the 2 years. And I do recall that a request was made 3 for us to try and find as many pure PCB isomers as 4 we could and to send them to I believe Baxter in 5 Europe, who in turn provided them to people who 6 needed them to do the identification process. 7 Q. All right. 8 A. So I recall that kind of thing. 9 Q. You just don't recall anything 10 specifically about Dr. Richardson or his work? 11 A. Again, I have problems with the "all" 12 and "any." I do not recall this document and I do 13 not recall being apprised of this document or seen 14 it before, as I have stated. 15 Q. Okay. Now the next document that I 16 would like to ask you about if you have seen -17 MR. PRAUSE: Larry, are we going to be 18 at a stopping point in the next 10 minutes or 19 so? 20 MR. WRIGHT: I would say 10 minutes. 21 MR. PRAUSE: Okay. Thanks. 22 MR. WRIGHT: Then I will be through with 23 this area and we can move on to an additional 24 area. 25 (Deposition Exhibit No. 12 marked for 340 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055764 1 identification. ) 2 Q. Exhibit 12 is a three-page memo from 3 David Wood to G. R. Buchanan in St. Louis. 4 Correct? 5 A. Yes. 6 Q. Dated - 7 A. Wait a minute, let me look at it. 8 Exhibit 11, the documents that are referred to in 9 it, were those the ones you showed me earlier? 10 Q. They might have been. 11 A. Yeah, okay, because -12 Q. They might have been. 13 A. Okay, thank you, just checking my sanity 14 here. 15 Q. Yeah. So he either -- so either from, 16 either on January 12th from Mr. Hardy or on 17 December 29th, 1966, from Dr. Widmark himself, 18 Exhibit No. 9 was received? 19 A. I wouldn't draw that conclusion from 20 that necessarily, but you can, you can produce 21 that conjecture. 22 Q. I thought that was the point you were 23 trying to make - 24 A. No, I was just asking, I was asking you 25 if any of those documents had been attached to 341 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055765 1 that when it was originally sent -2 Q. No. 3 A. -- and whether you knew that or not. 4 Just curiosity on my part. 5 Q. Let me tell you my problem. 6 A. Okay. 7 MR. PRAUSE: I will object. We'll 8 discuss it off the record. 9 MR. WRIGHT: No, we'll do that off the 10 record, we'll discuss the problem with 11 documents and what they are attached to off 12 the record and probably on the record with 13 the judge but we don't need to do it now. 14 MR. PRAUSE: I agree. 15 BY MR. WRIGHT: 16 Q. My specific question is, is it Exhibit 17 No. 12 or does it appear to be a memo or 18 correspondence of some sort from David Wood to a 19 Mr. Buchanan in St. Louis regarding the Aroclor 20 situation in Sweden with copies to, again, Paul 21 Benignus, D. S. Cameron, Dr. Hardy in London, 22 Dr. Kelly in St. Louis, and Mr. Steenrod in 23 St. Louis? 24 A. (Witness peruses document.) Okay, 25 Mr. Wright, I have completed reviewing the memo. 342 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055766 1 Q. Okay. You have reviewed Exhibit No. 12? 2 A. As I said, Mr. Wright, I have completed 3 reviewing; and it is Exhibit 12, correct, that's 4 the, if that's the clarification you needed. 5 Q. And again for the record, Exhibit No. 12 6 appears to be a correspondence from David Wood in 7 Europe to Mr. G. R. Buchanan in St. Louis with a 8 copy to, among others, Paul Benignus, Dr. Hardy in 9 London, Dr. Emmet Kelly in St. Louis, a 10 Mr. Steenrod in St. Louis, correct? 11 A. And D. S. Cameron in Brussels, too, was 12 the only name you missed. 13 Q. All right. And it is dated January 26, 14 1967? 15 A. You got your finger -- yes, it is 26th 16 January 1967. 17 Q. Have you seen this document before 18 today? 19 A. No, I have not. 20 Q. All right. In this document, well, the 21 first paragraph says: 22 "We recently sent you a translation of a 23 Swedish newspaper article referring to the 24 identification and nature of polychlorinated 25 biphenols. Because some of the uses claimed for 343 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055767 1 the materials fell in line with the uses of our 2 own chlorinated diphenyls, we made a point, during 3 ours are visit, to Sweden, of visiting the 4 research institute involved and discussing their 5 particular programs at work." 6 Did I read that correctly? 7 A. If you want me to determine that you 8 read that correctly, you have to provide me a copy 9 of it so I can see as you read it that you are 10 doing it correctly. Otherwise, I can just look at 11 it and say that, yeah, it sounds like that you 12 did. Do have an extra copy of that? 13 Q. To be honest, I don't have an extra 14 copy, no. 15 A. My memory is not good to say whether, 16 you know, with 100% accuracy you've read it. So i 17 will, you know, if you can get it over here so we 18 can look at it together, I would be happy to -19 Q. Yeah, we can? 20 A. -- monitor it while you read it. 21 MR. PRAUSE: We would be delighted to, 22 if you want to have any of these photocopied, 23 we can do that, too, if you think it would be 24 helpful. 25 MR. WRIGHT: We can look at it together. 344 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055768 1 THE WITNESS: But I, you know, if the 2 objective is to - 3 MR. WRIGHT: You know, I should have had 4 a copy made, I apologize for not doing it. I 5 have had other things on my mind, to be frank 6 and honest about it. 7 THE WITNESS: Okay. I think you can 8 agree that if you want me to see whether or 9 not you read it objectively I need to go 10 along with you. 11 MR. WRIGHT: Yes. 12 THE WITNESS: Okay. 13 MR. WRIGHT: I can see that. 14 BY MR. WRIGHT: 15 Q. Now let's go about asking questions and 16 giving answers. 17 A. All right. I'll read it first. 18 Q. Yes. You have you had an opportunity to 19 read Exhibit 12, correct, doctor? 20 A. Yes, I have, as I answered earlier. 21 Q. All right. Now the first paragraph 22 talks about a Swedish newspaper article, correct? 23 A. Talks about a translation of a Swedish 24 newspaper article. 25 Q. Second paragraph says, quote: 345 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055769 1 "To eliminate any earlier confusion that 2 there may have been, I should like to emphasise 3 that there is no doubt that the chemical which is 4 the subject of the investigation and the news 5 release is chlorinated diphenyl i.e. Aroclor." 6 Did I read that correctly? 7 A. You read it correctly. 8 Q. And again this document is dated 9 January 26, 1967. Correct? 10 A. That's correct, as you stated earlier. 11 Q. The next paragraph says: 12 "The company that supplied the mass 13 spectrometer which was used in the research 14 programs -- research programme," he spelled it 15 with an E, "in fact have recently put out a press 16 release on this work. Although I am horrified by 17 some of the headlines in this release it, does 18 basically describe the research programme carried 19 out in Sweden and describes in clear terms how 20 chlorinated diphenyls were identified. I 21 therefore, enclose a copy of your files." 22 Did I read the paragraph correctly? 23 A. You read that photograph accurately. 24 Q. Did you see a copy of the press release 25 by the company that supplied the mass 346 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055770 1 spectrometer? 2 A. I think I did. 3 Q. Do you know when you saw that for the 4 first time? 5 A. Shortly or some time after I began 6 working on the project. 7 Q. All right. The next paragraph reads: 8 "Jensen's only aim in life as an 9 analytical chemist was to identify the substances 10 found in his research work on the occurrence of 11 insecticides in nature. The unfortunate aspect of 12 the situation is the comments which have been 13 added to Jensen's work. He showed what was 14 present and unqualified people have made 15 statements as to the possible effect of what he 16 has found." 17 Did I read that paragraph correctly? 18 A. You read it correctly. And there's no 19 question about that, I'm glad to see this. 20 Q. Let me object - 21 A. I'm sorry. 22 Q. -- nonresponsive to everything after, 23 "Yes. " 24 A. It's just this was the clearest 25 statement that I have seen of where we were at. 347 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055771 1 Q. I understand. But I will still object, 2 nonresponsive. 3 A. Can you see that? 4 Q. Then the next paragraph -- yes. And you 5 have just read this. But generally, I'm not going 6 to read every word of the next paragraph; but the 7 next paragraph talks about the press, press 8 releases or the press pick-up of the story in 9 Europe, correct? 10 A. That, that's part of the topic that's 11 associated with that. I, it also kind of brings 12 out that, that you will have seen from D. B. and 13 Hardy's memo the 12th of January that it also has 14 been picked up by the Shell Laboratory. And I 15 think that's the Shell Laboratory where Richards 16 or Richard was. 17 Q. That was my understanding. 18 A. So that is probably what prompted him to 19 begin to think that he was seeing the same thing. 20 Q. I'll object, nonresponsive. But it was 21 my understanding it was the same thing? 22 A. I'm sorry. I am having trouble with 23 your questions and what you want me to answer and 24 don't answer, so I'll try to be -- I will try to 25 ask you to clarify your question better. 348 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055772 1 Q. Okay. Thank you for your clarification. 2 I'll object to that as nonresponsive. 3 A. (Laughter) 4 Q. The first paragraph on the second page 5 is entitled, "Effect in Sweden." And this states, 6 quote: 7 "This matter was raised with us by every 8 capacitor manufacturer in Sweden that we visited. 9 Fortunately there has not been too much adverse 10 comment as yet from plan workers since they have 11 not associated the polychlorinated biphenols 12 mentioned in the article with Aroclor or Pyralene 13 used in Swedish factories. Jensen, however, 14 stated he had been approached by several workers 15 associated with chlorinated diphenyls nor 16 non-electrical uses and these workers were quite 17 worried as to the possible effect on their 18 health." 19 Did I read that correctly? 20 A. You read it accurately. 21 Q. Okay. Then he talks about future 22 research in the next paragraph and -- or the next 23 two paragraphs. 24 A. Is that a question or is that a 25 statement? 349 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055773 1 Q. That's a statement. 2 A. Okay. So you are stating what it says 3 and you don't want my opinion? 4 Q. I'm stating generally what it says. 5 That's right. 6 A. Okay. 7 Q. You can give your opinion later if you 8 think it says something different than that. 9 MR. PRAUSE: Well, I'll object to the 10 extent that this is supposed to be Dr. Tucker 11 testifying and not you testifying; and I 12 would appreciate it if you could attempt to 13 confine your commentary to questions rather 14 than statements. 15 Q. The last paragraph on page two states, 16 quote: 17 "The point that I have made to Jensen is 18 the need for care in any further publication of 19 his work which is made. He accepts that the 20 toxicology of chlorinated diphenyls should only be 21 discussed with detailed information about exposure 22 concentrations and exposure times and that 23 generalized statements out of context can only 24 arouse undue public concern. If any technical 25 journal takes up the press release from the," is 350 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055774 1 that LKB? 2 A. Yeah. That's the name of the 3 manufacturer of the mass spectrometer that was 4 used by Jensen and Widmark. 5 Q. "from the LKB Productor Company, there 6 is little that Monsanto could, or should do in the 7 way of publishes rebuttal. We do not want, 8 personally as Monsanto to get too involved in this 9 question. I am hopeful we might persuade Jensen 10 himself to write a letter defining the true extent 11 of his own research work and placing his results 12 in the proper perspective. It would certainly be 13 helpful in gaining his further support if we were 14 to make available to him any small quantities of 15 pure isomers." 16 Did I read that paragraph correctly? 17 A. Yeah. And the quotes is your quote. 18 There aren't any quotes in that paragraph. 19 Q. Right. I'm saying -20 A. Okay. All right, I mean, okay, it 21 wasn't clear to me. Those were your quotes. 22 Yes, you read the paragraph accurately. 23 Q. Okay. The last paragraph of this memo 24 states: 25 "As you will see from the press release, 351 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055775 1 one of the major points that is made is the 2 difficulty in disposing of waste chlorinated 3 diphenyls and again I must mention that 4 constructive recommendations for the safe disposal 5 of our materials would be most helpful." 6 Did I read it correctly? 7 A. Yes, you read it correctly and I would 8 like to note you skipped the second, the paragraph 9 before that for some reason, and the rest I 10 don't -- 11 Q. I'll read it. (Simultaneous 12 conversation) no, just because we are limited in 13 time and, frankly, I have some things I am 14 concerned about asking you about -- 15 A. You don't have to read it, I just asked 16 you why you -- 17 Q. I'll read it just so that the record is 18 clear, and you are concerned obviously. The 19 paragraph -- 20 A. No, I'm not. I need to clarify that, 21 I'm not concerned. I just asked you a question. 22 You seemed to be reading every paragraph to me and 23 I wonder why you skipped that one. 24 Q. No. Frankly, I skipped three or four 25 paragraphs in this three-page document because 352 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055776 1 your counsel wanted a break and I want to get 2 through this subject matter before we take a 3 break. 4 A. Well, I think this is more important 5 than the break. But go ahead. Why don't you read 6 the second paragraph -7 Q. Okay, I'll read the paragraph. And 8 again I've skipped other parts of the paragraph -9 other parts of this memo as well. But the 10 paragraph that is the second-to-last paragraph 11 says : 12 "Since we are not alone in supplying 13 polychlorinated diphenyls to the Scandinavian 14 market, I have drawn this matter to the attention 15 of the other askarel manufacturers in Europe." 16 A. That's accurately read, too. 17 Q. Okay. Did you ever contact any of the 18 other askarel or PCB manufacturers in Europe? 19 A. In my capacity I would not do that. 20 Q. All right. 21 A. Apparently somebody else did. 22 Q. Okay. 23 MR. PRAUSE: Break time? 24 MR. WRIGHT: No. Two more. 25 MR. PRAUSE: Two more documents? 353 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055777 MR. WRIGHT: Yes. Actually one is very short. We'll take up the other one after the break. MR. PRAUSE: Thank you. (Deposition Exhibit No. 13 marked for identification Q. What's our next number? A. 13. You might want to skip that one. Q. All right, Exhibit No. 13. Have you had an opportunity to review Exhibit No. 13? A. No, I wasn't -- you didn't indicate whether we were going to read it together or whether I should read it separately. Q. Okay. A. Should I review it? Is that what your indication is? Do you want me to review it? Q. If you, let me just ask you, please -A. It's very short, I can read it very quickly Q. Why don't you read it very quickly -A. -- and then if I need to reference it again to answer any question I don't think I have the information for, then I can look at it again. Q. Okay, would you look at Exhibit No. 13, please, Dr. Tucker. 354 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055778 1 A. Thank you. (Witness peruses document.) 2 Okay I had a chance to look at it. 3 Q. Fine. Is Exhibit No. 13 apparently a 4 letter from Dr. R. Emmet Kelly in St. Louis to 5 Mr. Gene Wilde, W-I-L-D-E, dated February 21, 6 1967? 7 A. It is a memo from Emmet Kelly to Gene 8 Wild -- Wilde and it is dated February 21, 1967. 9 Q. All right. And a copy shows going to 10 Mr. Buchanan, correct? 11 A. Correct. 12 Q. And a copy to your boss, R. E. Keller, 13 at the Queeny Plant, correct? 14 A. That's correct. 15 Q. And this appears to be Dr. Keller's copy 16 because there's an arrow with a stamp, correct? 17 A. Yes it does, and that would be a 18 convention that might be used. 19 Q. All right. And the first part of the 20 memo that Dr. Kelly wrote to Mr. Wilde says: 21 "I talked to Dave Wood in Brussels this 22 morning and I list below the salient features of 23 our conversation: 24 "1. He has 90% of the information asked 25 for in my letter of February 10th and will have 355 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055779 1 the rest obtained in the next day or so and will 2 forward the bundle to me. It should arrive within 3 a week." 4 Did I read that correctly? 5 A. You read it accurately, yes. 6 Q. Paragraph 2 or point number two: 7 "His customers in Europe are seemly less 8 concerned than they were, especially since there 9 has been no particular government activity and no 10 increase in the newspaper articles. The customers 11 would like some reassurance on the toxicity of 12 Aroclor. (I explained to Dave that there just was 13 not information available on the action of 14 nanograms of Aroclor in the human body over a 15 lifetime.) There is no toxicological work going 16 on at present in Sweden and it appears there is 17 some likelihood that it will not be able to obtain 18 financing and might not be done. Everybody over 19 there is 100% convinced that what Jensen and 20 Widmark found was Aroclor." 21 Did I read point number two correctly? 22 A. Yes. 23 Q. Point number three: 24 "There is no necessity at present for 25 anyone from St. Louis to contact the Swedish 356 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055780 1 people. In fact, it would be unwise at present." 2 Did I read point number three correctly? 3 A. Yes, you did. 4 Q. The last paragraph says: 5 "I am going to get in touch with 6 Mr. Wood after I receive the bundle of information 7 he is sending me. Unless something unusual 8 happens in the United States, I would be of the 9 opinion that we should do no further action until 10 we have time to evaluate this information." 11 Did I read the last paragraph in this 12 memo correctly? 13 A. Almost. 14 Q. What did I miss? 15 A. "I am to got." 16 Q. You think that's "got" instead of "get"? 17 MR. PRAUSE: Well you just said, you 18 just said you read it as, "I am going to. " 19 THE WITNESS: That's what you said. 20 MR. PRAUSE: And the word "going" is not 21 correct. 22 BY MR. WRIGHT: 23 Q. All right. Let me read it again then. 24 A. I'm just answering your question. 25 Q. Let me read it again. 357 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055781 1 A. "I am to get" is what I believe it says. 2 Q. All right. Let me read it again then 3 for the record. The last paragraph of this letter 4 from Dr. Kelly dated February 21, 1967, states: 5 "I am to get in touch with Mr. Wood 6 after I receive the bundle of information he is 7 sending me. Unless something unusual happens in 8 the United States, I would be of the opinion that 9 we should do no further action until we have time 10 to evaluate this information." 11 Did I read the last paragraph in this 12 February 21, 1967, memo from Dr. Kelly correctly? 13 A. You read it accurately, yes. 14 Q. All right. And in fact, you were not 15 asked -- well, there is one other document that I 16 would like to mention and it is a short one. 17 (Deposition Exhibit No. 14 marked for 18 identification.) 19 A. Is that? 20 Q. Exhibit No. 14, yes, sir. Would you 21 look at that very quickly. 22 A. (Witness peruses document.) I have read 23 that, Exhibit 14. 24 Q. All right. Dr. Tucker, Exhibit No. 14 25 appears to be a memo or letter from, again, from 358 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055782 1 Dr. Emmet Kelly dated February 27, 1967, to David 2 Wood. Correct? 3 A. Yes, sir. 4 Q. And the first paragraph says: 5 "Thank you for the information you sent 6 me. I'm having our analytical people, as well 7 as," can you tell who he is talking about there, 8 "I'm having our analytical people as well as" 9 somebody "here in the States"? 10 A. I think MCR might refer, I think it 11 might be MCR. Although, as you are indicating, it 12 is far from clear. 13 Q. All right. It's three initials. 14 A. And MCR might refer to Monsanto 15 Corporate Research; but I don't know that and 16 certainly you can't derive that conclusion from 17 that necessarily. 18 Q. Okay, let me read this then. Thank you 19 for the information -- the first paragraph says: 20 "Thank you for the information you have 21 sent me. I'm having our analytical people as well 22 as," and there is three initials that may be MCR. 23 And you indicated that "MCR" may be "Monsanto 24 Corporate Research," is that correct? 25 A. It might but that's an unusual way to 359 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055783 1 refer to it. 2 Q. All right. Okay. "here in the States 3 evaluate it." Did I read the first paragraph 4 correctly? 5 A. You read it accurately. 6 Q. All right. The second paragraph said: 7 "As far as the toxicological part of his 8 report is concerned, he has confused and 9 interchanged the experience on chlorinated 10 biphenyl, chlorinated naphthalene and a 11 combination of both. This really is not too 12 important, however, as there is no question but 13 that Aroclor does possess a certain amount of 14 toxicity. All our literature says this, but 15 whether nanogram quantities mean anything is an 16 entirely different matter." 17 Did I read that accurately? 18 A. Yes, you read it accurately. 19 Q. Okay. And then the last paragraph says, 20 well, actually would you read the last paragraph? 21 A. I can, certainly. 22 "I think we should fight the battle of 23 the analytical method first before we get too 24 involved with the toxicology." 25 Q. Okay. And that's dated when, sir? 360 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055784 1 A. And this is dated February 27, 1967. 2 Q. And in fact, it was not until July of 3 1968 or thereabouts that you were asked to begin 4 investigating the analytical validity of 5 Dr. Jensen's work, correct? 6 A. Hum. I'm not -- it would certainly be 7 in the first or second quarter of 1967, there's no 8 question about that; and I think we discussed that 9 earlier. 10 Q. You said '67. You said the summer of? 11 A. I'm sorry, '68. 12 Q. You said the summer of '68, and we had a 13 document dated July of '68 that you thought was 14 probably about the time. Are you changing that 15 testimony now, sir? 16 A. Oh, no, I'm not changing that testimony. 17 I'm trying to remember of the documents you have 18 shown me which one you are attempting to refer to, 19 and I recall the one you have just referred to. 20 Q. Okay. It is in fact I believe 21 Exhibit No. 3. 22 A. That was an exhibit from? 23 Q. July of? 24 A. Well that is not really Exhibit 3, is 25 it? Wasn't the Exhibit 3 the whole stack of 361 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055785 1 things ? 2 MR. PRAUSE: That was 4. 3 MR. WRIGHT: That was 4. 4 A. Okay, I'm sorry. 5 Q. Exhibit 3 is the July 18, 1968, memo - 6 A. Correct. 7 Q. -- that set out the jobs, and we went 8 through that yesterday? 9 A. Right, and it does. And you're right, 10 that's right. You say assess the validity of 11 analytical methods -12 Q. All right. 13 A. -- and that's part of it and you're 14 correct. I just want to be very careful and you 15 seem to want to know that date for sure and I just 16 want to make sure I reflect accurately. 17 Q. All right. And so let me re-ask the 18 question. This document that we just read where 19 Dr. Kelly recommends that we "fight the battle of 20 the analytical methods first before we get too 21 involved with toxicology" is dated February 27, 22 1967, correct? 23 A. Yes. 24 Q. And you were not asked to do your job to 25 validate Dr. Jensen's work until approximately 362 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055786 1 July of 1968, correct? 2 A. Correct. 3 Q. Now going back to Exhibit No. 13, 4 Dr. Kelly's opinion six days earlier had been, 5 quote, "That we should do no further action 6 that, quote, "unless something unusual happens in 7 the United States, I would be of the opinion that 8 we should do no further action until we have time 9 to evaluate this information." 10 That was Dr. Kelly's opinion about how 11 Monsanto should proceed, correct? 12 A. Relative to the topic in the memo and 13 things of that sort, yes, you're correct. 14 Q. All right. 15 A. That's what it says. 16 Q. Are you aware of anything unusual that 17 happened in the United States about the time that 18 you were given your task to begin validating the 19 analysis in July of 1968? 20 MR. PRAUSE: Object to the form of the 21 question. There's all kinds of unusual 22 things happening in this country all the 23 time. 24 A. Do you mean -- let me, let me ask for a 25 clarification. Do you mean was I given this 363 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055787 1 assignment on an emergency basis or was it given 2 to me in an orderly manner as part of what I did? 3 Q. That's not my question. My question is 4 relating to Dr. Kelly's comments back in February 5 of '67 where he said, "Unless something unusual 6 happens in the United States, I would be of the 7 opinion that we should do no further action until 8 we have time to evaluate this information." 9 A. I'm not sure what Dr. Kelly was 10 referring to as "unusual" -11 Q. Okay. 12 A. -- or anything of the sort. But I can 13 tell you that I was asked in a very orderly manner 14 to begin my work. 15 Q. All right. 16 A. So, I mean, it wasn't like a bomb went 17 off or anything like that, particularly. 18 Q. Do you know why, Dr. Tucker, you were 19 not asked to begin your work until about a 20 year-and-a-half after Dr. Kelly says, "We should 21 take no further action unless something unusual 22 happens in the United States"? 23 A. No. 24 Q. You don't know why you were not asked - 25 MR. PRAUSE: Object to the form of the 364 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055788 1 question. 2 A. I believe that I said no. 3 Q. Okay. 4 A. If you want to repeat the question 5 again, I'll make sure I'm answering the question 6 that you're asking. But -- in fact, repeat the 7 question again because the implication is I missed 8 something that you said. 9 Q. No. You answered it. 10 A. Okay. 11 MR. WRIGHT: We can take our break now. 12 THE VIDEOGRAPHER: We're off the record 13 at 11:36. 14 (Recess taken.) 15 (Deposition Exhibit No. 15 marked for 16 identification.) 17 THE VIDEOGRAPHER: Tape number five of 18 the deposition of Dr. Tucker, we're on the 19 record at 11:55. 20 BY MR. WRIGHT: 21 Q. I have handed you what we have marked as 22 Exhibit number, is that 15? 23 A. Yeah, it's marked 15. 24 Q. And does that appear to be the LKB press 25 release that was referred to in some of the 365 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055789 1 earlier documents we talked about before the 2 break? 3 A. My recollection is, is that it is the 4 LKB press release from their publicity department, 5 yes, that's correct. 6 Q. All right. And have you seen that 7 document before today? 8 A. Yes, I have. 9 Q. Do you remember when you first saw this 10 document? 11 A. I would probably have seen this document 12 some time after I started working for Monsanto and 13 began working on the project PCBs. 14 Q. Do you remember how long after? 15 A. No. 16 Q. Okay. If you could paper clip it back 17 together for us? 18 Now I asked you before we took a break 19 if you were aware of anything happening in the 20 United States that might have fit Dr. Kelly's 21 definition of "something unusual" in Exhibit 22 No. 13. 23 And let me hand you what I'm going to 24 mark as Exhibit No. 16 and ask you if you think 25 that might be -- fit that definition. 366 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055790 1 (Deposition Exhibit No. 16 marked for 2 identification.) 3 A. (Witness peruses document.) I would 4 have to state that it could, but it could not. 5 Because I have no way of intuiting what Dr. Kelly 6 meant by "unusual." 7 Q. Well, let's talk about - 8 A. Did you want me to say what it was or 9 are you going to talk about what it was other than 10 just have a piece of paper? 11 Q. No, you answered the question. 12 A. Okay, you're welcome. 13 Q. I'm going to ask you another question 14 now. Exhibit 16 is a memo or a, some kind of 15 correspondence -- actually it is a memo dated 16 June 18, 1968, from Cumming Paton, P-A-T-O-N, to 17 W. R. Richard, correct? 18 A. Yes. 19 Q. And it has a copy to Dr. R. Emmet Kelly, 20 correct? 21 A. Yes. 22 Q. And appears to be Dr. Kelly's copy 23 because we have the arrow again, correct? 24 A. Somebody has handwritten an arrow this 25 time rather than stamped, but that would be the 367 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055791 1 implication. 2 Q. All right. 3 A. Yes. 4 Q. And then this also has one of those 5 little boxes that we talked about earlier, with 6 "File" and "Destroy" and then a bunch of initials 7 below it? 8 A. Right. And that's the second time I 9 have seen this . 10 Q. All right. 11 A. The box. 12 Q. Again it has the initials EPW, correct? 13 A. At the bottom, correct. 14 Q. And it has -15 A. It has two checks by EPW versus -16 Q. Right. 17 A. They all have two checks this time -18 Q. That's right. 19 A. -- versus one. 20 Q. And my surmise, just for whatever it is 21 worth, is one check is if it goes to them and the 22 second check is if they have reviewed it? 23 A. That's as good a conjecture as I could 24 come up with. 25 Q. All right. And but focusing on the 368 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055792 1 initials, it shows EPW, which is consistent with 2 Elmer Wheeler? 3 A. The initials of Elmer Wheeler's name, 4 yes. 5 Q. REK is consistent with either your boss, 6 Dr. Keller, or R. Emmet Kelly, correct? 7 A. That's the initials of their name, yes. 8 Q. And then there's some other initials 9 that I don't think we were able to identify 10 earlier, correct? 11 A. Yes. 12 Q. Okay. But the essence of Exhibit No. 16 13 that went to Mr. Richard -- around by the way, who 14 was Mr. Richard? 15 A. I believe earlier we established that 16 Dr. Bill Richard was the Director of the 17 Functional Fluids Group. Is that is that the, is 18 that your understanding, too? I mean, so we're 19 talking about the same person? 20 Q. Well that's my question. Because, 21 see - 22 A. Okay. When I see W. R. Richard, what I 23 will be talking about unless I say otherwise will 24 be Dr. Bill Richard. 25 Q. All right. 369 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055793 1 A. Now who you are talking about you'll 2 have to clarify more me. 3 Q. Well, no. 4 A. What was your question? Was your 5 question, was who is W. R. Richard? 6 Q. Yes. 7 A. Okay. 8 Q. So let me rephrase it, take it 9 step-wise. Plaintiffs' Exhibit No. 16 is 10 addressed to a W. R. Richard, correct? 11 A. That is correct. 12 Q. And who was Mr. Richard or Dr. Richard 13 in June of 1968? 14 A. W. R. Richard in the context of this 15 memo would be more than likely Dr. Bill Richard, 16 who was the Director of the Functional Fluids 17 Group in the Organic Division of the Monsanto 18 Company in the United States. 19 Q. And I think we talked at earlier that he 20 was basically over the group that consisted of 21 your department or that your department applied - 22 or the Applied Sciences Department provided 23 technical support to; is that correct? 24 A. Of the statements you made, the last one 25 is the correct one. We were a support group for 370 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055794 1 functional fluids, for plasticizers, for a variety 2 of groups that were headed by people like Bill 3 Richard and other people. 4 Q. All right. And who was Cumming Paton? 5 A. Again, I think Cumming was in technical, 6 the closest he'd come to be in technical would be 7 in a marketing position, so he might be in 8 technical marketing. 9 I'm not sure that he was necessarily in 10 functional fluids; he might have been in one of 11 the other groups that were part of the Organic 12 Division. 13 Q. All right. In any event, on June 18, 14 1968, Mr. Paton wrote to Mr. Richard, quote: 15 "I received a call from a Miss Caroline 16 Chandler of the U.S. Bureau of Commercial 17 Fisheries, 1451 Owen Road," or is that "Green 18 Road, Ann Arbor, Michigan, 48104. 19 "They are studying pollutants in Lake 20 Michigan and believe they have found PCB's. They 21 have also read Jensen and Widmark's paper. 22 "Can you please send them samples of 23 Aroclor 1221, 1232, 1242, 1254 and 1260. Together 24 with a bulletin on Aroclors? The samples should 25 be addressed to Dr. Reinhart at the above address. 371 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055795 1 "Thank you." 2 Did I read the letter correctly? 3 A. You read the memo accurately. 4 Q. All right. And would that have been a 5 matter of concern to Monsanto to know that a 6 bureau of the U.S. government is looking at 7 whether their product is accumulating in fish in 8 Lake Michigan? 9 MR. PRAUSE: Object to the form of the 10 question. 11 A. I think it's time to clarify their 12 product Aroclor and PCBs. PCBs refer to a class 13 of products, of which Aroclors are one. In fact, 14 to be real truthful to you, the LKB press release 15 that we looked at earlier and Jensen's work, 16 initially they only identified an 17 octachlorobiphenyl, which was not a product or an 18 Aroclor, it was a PCB. 19 So I think from a technical viewpoint we 20 need to be careful about using the terms 21 generically and interchangeably, but that's just 22 my opinion. 23 The question on this was? 24 Q. Now first I want to thank you. Second, 25 I want to object, nonresponsive. 372 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055796 1 MR. PRAUSE: Third, I want to object to 2 Dr. Tucker not being allowed to finish his 3 previous answer. I would appreciate it if 4 you give him the chance to finish it and then 5 you can state your objection when he's done. 6 MR. WRIGHT: Oh, I thought he had. He 7 asked me what the question was. 8 MR. PRAUSE: No. He said, "Returning to 9 your question," and he was starting to 10 provide you with additional. 11 BY MR. WRIGHT: 12 Q. Do you want to say anything more or do 13 you want me to ask a question? 14 A. Not as long as it's understood what I 15 said, that it's important to differentiate between 16 PCBs, Aroclors and a multitude of other commercial 17 names including foreign commercial names and 18 manufacturers that were used for PCBs. 19 Q. I understood what you said. It was not 20 responsive to the question that I asked you. 21 A. Good. And I understood what that you 22 said that. 23 Q. Okay. And so let me ask you a question 24 and you can answer it however you think is 25 appropriate. 373 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055797 1 A. Thank you. 2 Q. Okay? And if it is not responsive I'll 3 object nonresponsive and ask another question. 4 A. Okay. 5 Q. Okay? And let me just say that I'm not 6 picking on you, I appreciate you providing as much 7 information as possible. But the way this process 8 works is I ask questions and you answer the 9 questions that I ask to the best of your ability. 10 And it is an unusual process, it is not 11 a conversation. And I know you know that. And 12 every witness kind of strays over into 13 conversational discussions; and I don't blame you 14 for doing that, it is not unusual. 15 MR. PRAUSE: Larry, I appreciate what 16 you are trying to do but it is my job to give 17 Dr. Tucker advice about the deposition -18 MR. WRIGHT: I'm just trying to say -19 MR. PRAUSE: -- not your job. And the 20 reason that this deposition is resembling a 21 conversation has just as much to do with the 22 way you are running it as it does the way 23 that Dr. Tucker is responding to the 24 questions. 25 MR. WRIGHT: Thank you, Mr. Prause, I 374 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055798 1 appreciate your input, as well. And I think 2 we're all doing the best we can to do the bes 3 job that we can. 4 All I was trying to say to Dr. Tucker 5 is, is that I'm not criticizing you when I 6 object nonresponsive, I want you to 7 understand that. 8 MR. PRAUSE: That's fair. 9 MR. WRIGHT: And all I was saying is, is 10 that I appreciate you giving me additional 11 information when you do give me additional 12 information, but sometimes I'm going to 13 object that it is nonresponsive. 14 THE WITNESS: Let me state that, since 15 you have really solicited a statement from me 16 with all of that, that I understand 17 nonresponsive and I understand that it is not 18 criticism of me and I'm not taking it that 19 way. And I hope my appearances haven't given 20 you the feeling that I am. 21 MR. WRIGHT: Okay. 22 THE WITNESS: Because I certainly am 23 not. And therefore, you have no reason to 24 feel sensitive about that particular issue. 25 MR. WRIGHT: Okay. And I appreciate 375 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055799 1 that. Now we're all happy and we all like 2 each other. 3 THE WITNESS: Now we can move forward. 4 MR. WRIGHT: We can move forward. 5 THE WITNESS: I never knew we didn't. 6 MR. WRIGHT: No, I didn't either. 7 That's why, as far as I was concerned, we 8 have all liked each other this whole process. 9 BY MR. WRIGHT: 10 Q. Referring to Plaintiffs' Exhibit No. 16, 11 the question that I asked is, do you believe that 12 it was a matter of concern or importance to 13 Monsanto to discover that a Bureau of the U.S. 14 government is investigated pollutants in Lake 15 Michigan and believe they have found PCBs in the 16 lake? 17 MR. PRAUSE: Object to the form of the 18 question. 19 A. I believe that it is important to 20 Monsanto, yes. 21 Q. Now it was approximately a month after 22 that that Exhibit No. 3 reflects you were given 23 your initial assignment, correct? 24 A. The date on Exhibit 3 is approximately a 25 month after this, yes, that's correct. 376 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055800 1 Q. All right. And yesterday we talked 2 about what you did after getting your initial 3 assignment. I'm not going to go back over all of 4 that but I do want to ask you about Exhibit 5 No. 17. And actually, let me break this up into 6 17 and 18. 7 (Deposition Exhibits Nos. 17 and 18 8 marked for identification.) 9 Q. We talked generally that after you got 10 your initial assignment you began performing it, 11 which is to gather information and gather 12 equipment and put the equipment together and begin 13 developing the process generally. Is that a fair 14 shorthand summary? 15 A. I'm not qualified to talk about the 16 fairness, but it is a good, it is a decent 17 summary. It summarizes it -18 Q. All right. 19 A. -- in a fashion that I don't see a 20 reason to object to. 21 Q. All right. Let me hand you Exhibit 22 No. 17 and let me just state for the record that 23 Exhibit No. 17 appears to me to be a memo from 24 Elmer Wheeler to W. H. Richard? 25 A. W. R. 377 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055801 1 Q. W. R. Richard dated object 21, 1968, 2 with copies to various people, including, again, 3 Dr. Kelly, Scott Tucker, yourself, your boss, R., 4 is that A. Keller? 5 A. It appears to be A. R. A. Keller, but of 6 course the initials after it say R. E., so. 7 Q. Okay. So it is a typo, apparently. 8 A. Is. 9 Q. Is that Cumming Paton? 10 A. I believe that's Cumming Paton, yes. 11 Q. Howard Bergen? 12 A. Bergen. 13 Q. And W. K. Johnson. Those names are all 14 familiar to you, aren't they? 15 A. Johnson, Bergen, Paton, Keller, Kelly, 16 Hunt. There's also a slash after Hunt -17 Q. Yes, I didn't see that. 18 A. -- you didn't read. But Hunt is not 19 necessarily familiar to me, although -- hum. 20 Q. Hunt is actually, Hunt is actually in 21 the line where with Dr. Kelly, it says R. E. 22 Kelly, MD/W. H. Hunt. Would you assume from that 23 that Mr. Hunt probably works in Dr. Kelly's 24 office? 25 A. No. 378 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055802 1 Q. Okay, doesn't matter, never mind. 2 A. I mean I doubt had the same -- they 3 shared the same office. Emmet Kelly was Director 4 of medical for the company. 5 Q. All right. 6 A. So I bet he had his own. 7 Q. What did -- let me ask it this way 8 (Simultaneous conversation) they probably were in 9 the same area. 10 THE REPORTER: One at the time, 11 gentlemen, please. 12 Q. Okay. Let me ask the question. From 13 the way this was written, do you assume Mr. Hunt 14 probably worked with Dr. Kelly? 15 A. Yes, sir. 16 Q. Okay. Now this memo memorializes - 17 well, why don't you review Exhibit No. 17, if you 18 would, sir? 19 A. Okay. Am I to review to see if it 20 memorializes something? 21 Q. No. Let me just ask you, Dr. Tucker, if 22 you would review Exhibit No. 17. 23 A. Yes, sir. (Witness peruses document.) 24 MR. WRIGHT: While he's reviewing that, 25 Mr. Prause, what I have handed you that I 379 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055803 1 have marked as Exhibit 18, the first page of 2 Exhibit 18 is what Dr. Tucker is reviewing 3 now. It is the memo that we just referred to 4 and it has an attachment that is not attached 5 to the copy that Dr. Kelly is reviewed -- I 6 mean Dr. Tucker is reviewing right now. 7 MR. PRAUSE: Thank you. 8 A. (Witness peruses document.) I have 9 completed reading the exhibit that you presented 10 me, Mr. Wright. 11 Q. Okay. Exhibit No. 17 refers to a Xerox 12 copy of a technical paper which Scott Tucker and 13 the author, Elmer Wheeler, picked up in Washington 14 recently. Is that the general subject of the 15 memo? 16 A. That's the first sentence of the memo in 17 the first paragraph. 18 Q. Okay. Why don't, why don't I have you 19 read the second sentence and the remainder of the 20 first paragraph, if you would, doctor? 21 A. Okay. Starting with "This was 22 provided," right here? 23 Q. Yeah. Actually, why don't you, let me 24 ask you this way. Dr. Tucker, would you read the 25 first paragraph of Exhibit No. 17, this memo, from 380 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055804 1 October 21, 1968? 2 A. Yes, sir. 3 "Attached is a Xerox copy of a technical 4 paper which Scott Tucker and I picked up in 5 Washington recently. This was provided us by 6 Donald A. Spencer of the National Agricultural 7 Chemicals Association. Mr. Spencer requested that 8 the paper be held confidential until such time as 9 it may be published. Spencer indicated that if 10 this paper were distributed one of his principal 11 sources would refuse to give him prepublication 12 information in the future." 13 Q. First of all, do you remember traveling 14 to Washington to the National Agricultural 15 Chemicals Association with Mr. Wheeler? 16 A. I don't remember specifically going to 17 the National Agricultural Chemicals Association. 18 I do remember traveling to Washington with 19 Mr. Wheeler and I did a number of times, as a 20 matter of fact. 21 Q. All right. 22 A. I don't necessarily believes that this 23 means that we visited the National Agricultural 24 Chemicals Association, we probably visited 25 someplace else. 381 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055805 1 Q. Okay. And I didn't mean to infer that. 2 A. Okay, I'm just -- fine. 3 Q. In any event, you recall traveling to 4 Washington with Mr. Wheeler on several occasions? 5 A. Yes, I do. 6 Q. And do you recall meeting a Donald 7 Spencer or anyone else from the National 8 Agricultural Chemicals Association at some point 9 in time? 10 A. I don't doubt that I probably did, but I 11 don't specifically recall Donald Spencer. 12 Q. All right. Exhibit No. 18 is an exhibit 13 from actually two of your previous depositions and 14 we have now marked it as Exhibit 18 to this 15 deposition. And let me just represent for the 16 record that the highlighting is mine and we can 17 clean that up afterwards if you would like to? 18 A. Doesn't bother me. 19 Q. I highlighted first paragraph that you 20 just read. 21 MR. PRAUSE: When it's Xeroxed it won't 22 come through. 23 MR. WRIGHT: Yeah. 24 A. So the top of this is a -25 Q. That's right, the top of Exhibit 18 -- 382 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055806 1 A. Is the same as Exhibit 17? 2 Q. That's exactly right. 3 A. Okay. 4 Q. And the entirety of Exhibit 18, my 5 understanding is, was an exhibit to two of your 6 previous depositions. 7 A. (Nods head up and down.) It could have 8 been, I don't know, I can't remember that. 9 Q. Let me ask you - 10 A. It is not the same copy that you 11 presented to me originally. 12 Q. That's right. It is a copy of the same 13 memo but there are handwritten things on 14 Exhibit 8, the first page, that are not on the 15 first page of Exhibit 17. 16 A. That is correct. 17 Q. Correct? For example, R. A. Keller is 18 underlined on Exhibit No. 17 and there is 19 something, does that appear to say Aroclor?" 20 A. "It appears to say Aroclor, and then it 21 has "FF" after it, which would mean Functional 22 Fluids, I would assume. That's usually a 23 designation for where to file it, I guess. 24 And the underlining of the R. A., which 25 may or may not be R. E., probably indicates that a 383 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055807 1 copy was intended to go to Keller. 2 Q. Okay. So essentially the sum of all 3 that is, is that what we are probably looking at 4 are two copies of the same document that went to 5 different people within the company? 6 A. Yeah. Well, yes, except there are 7 obviously different sizes and there's other 8 writing on the other and highlighting. 9 I, I don't have any doubt after 10 reviewing it while we were kind of -- while you 11 were kind of talking there that they appear from a 12 content viewpoint to be exactly the same without 13 any alterations. There are just some writing and 14 highlighting. And this one seems to be reduced to 15 me, does it to you, my -16 Q. Yes -- no, no, the whole thing, the 17 whole thing seems to be reduced to me. 18 A. Okay. All right. And so for us this is 19 basically the same as that. 20 Q. Yeah. 21 A. So Exhibit 17 and the top page of 22 Exhibit 18 are the same -23 Q. Yeah, I -- 24 A. -- I would have to review them to see if 25 they are different for any reason or anything of 384 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055808 1 that sort. 2 Q. Let me ask, let me ask you a question so 3 we can clean it all up so the record is clean. 4 And that's what I'm doing a lot of the time, I 5 want you to understand. Sometimes when I restate 6 or reask things -7 A. Okay. 8 Q. --it's not that I'm arguing with you, 9 it's just so there is a clean question and answer 10 on the record. 11 A. Okay. 12 Q. Do Exhibits, do the first page of 13 Exhibit 18 and Exhibit 17 appear to be photocopies 14 of the same memo that probably went to different 15 people? 16 A. Yeah. They do with one minor exception 17 relative to what you said earlier. 18 Q. Okay. 19 A. It appears from my understanding of how 20 they marked these documents that it indeed was 21 Plaintiffs' Exhibit 347, Tucker, which is me. But 22 it appears that Exhibit No. 11 with a date on it 23 has Kelly written on it so that probably wasn't 24 presented to me twice, maybe once -25 Q. That's right. 385 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055809 1 A. -- and twice is this time. Is that 2 correct. 3 Q. I think you probably picked that up. I 4 apologize, I missed that it was Kelly instead of 5 Tucker. 6 A. Well, I wouldn't say anything but you 7 seemed to make a big point of me seeing this twice 8 before or something of that sort, or at least it 9 appeared to me. 10 Q. Okay. I didn't intend it to be. 11 A. And that's not the case. 12 Q. I understand and I didn't intend it to 13 be a big point. 14 So Exhibit 18 is apparently -- was 15 apparently an exhibit to your deposition and 16 appears to have also been an exhibit to 17 Dr. Kelly's or somebody named Kelly's deposition 18 at another time. Is that fair? 19 A. Yes, it does. 20 Q. All right. In any event, attached to 21 Exhibit 18, this October 21 memo, appears to be an 22 article by Dr. Risebrough. And I know that it is 23 very hard to read so I'm not going to ask you to 24 read the whole thing. I'm just going to ask you 25 to kind of skim through it and see if it appears 386 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055810 1 to be what it purports to be, which is a article 2 by Dr. Risebrough. 3 A. (Witness peruses document.) It appears 4 to me to be a prepublication or a draft copy of an 5 article that I think subsequently was published at 6 some later date by Risebrough. 7 Q. Okay. So the bottom line is it appears 8 to be what is referenced in the first paragraph, 9 i.e., a prepublication copy that was passed along 10 to you and Mr. Wheeler by this fellow from the 11 National Agricultural Chemicals Association? 12 A. Yes. 13 Q. Okay. Now I assume when you received 14 this document you reviewed it, is that a fair 15 assumption? 16 A. In other words, you're asking me if I 17 reviewed the document when I received it? Yes. 18 Q. Yes. 19 A. And it indeed is, is probably not only 20 probably an assumption but a fact. 21 Q. Okay. Do you remember reviewing this 22 prepublication copy in about October of 1968? 23 A. Yes. 24 Q. Okay. Now there is -- there are some 25 references in Dr. Risebrough's paper to some other 387 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055811 1 articles, correct? 2 A. Well, you seem to have some things -3 well, most all papers have a list of referenced 4 publications that are used in the production of 5 that particular paper or that have salient points 6 that the author uses to, and it is a way of giving 7 credit to other people who have contributed to the 8 area no matter how broad it may be. I mean, these 9 guys may have invented a chromatograph or 10 something like that and they were referenced. So 11 that is common, yes. 12 Q. Is it also a method for scientists to 13 assist them in their research so that if a point 14 is referenced in a paper and documented that 15 another scientist who is interested in that point 16 can go back and pull the references and find out? 17 A. When -18 Q. More information about that specific 19 point? 20 A. When one writes a paper, one usually 21 goes back through the literature and it is based 22 on other people's work, no matter how directly 23 related or indirectly related it is. And it is a 24 manner in which we give credit to each other and 25 make sure everybody understands the thread of how 388 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055812 1 things are occurring. 2 Q. Okay. And my specific question is, does 3 it also assist researchers who are interested in a 4 specific point in a scientific article like this, 5 assist them to go and do further research on that 6 specific point? 7 A. Yes, it does. And in fact, in most 8 bibliographies, the individual references are 9 numbered and the number or some designation 10 thereof that can be related to that biography 11 appears at the point that it is important and 12 where it is referred to in the article. 13 Q. And that's - 14 A. And that's a common practice in, in the 15 publication or when you are writing a 16 prepublication or a draft format. 17 Q. And that's done in this case also, 18 correct? 19 A. Right. That is done in this draft 20 prepublication copy and it would have to be before 21 anybody would publish it. 22 Q. And I don't -- again, I'm not going to 23 try to go through the whole article at this point, 24 but I am going to try to read a part of it and ask 25 you some questions about it. 389 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055813 1 The essence of the article is about 2 finding polychlorinated biphenyls in wildlife on 3 the West Coast of the United States, correct? 4 A. No, actually that's not correct. And as 5 you have documented earlier, I have reviewed this 6 document. 7 Q. Okay. Does the document discuss 8 Dr. Risebrough's opinions that he is finding 9 evidence of polychlorinated biphenyls accumulated 10 in wildlife on the West Coast of the United 11 States ? 12 A. What the article discusses -- rather 13 than you telling me what it discussed, since I 14 have had an opportunity to review it and it's an 15 area I'm familiar with -- what the article 16 discusses is it discusses that Risebrough, who is 17 doing pesticide analysis, not analyzing for PCBs 18 necessarily, had also seen unidentified peaks 19 using electronic capture. And that he concluded 20 based on work by Jensen and Widmark that these 21 peaks were or probably could be polychlorinated 22 biphenyls. 23 And as such, he recalculated information 24 based on that and said that if PCBs were there - 25 and he was quite positive about it -- that they 390 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055814 1 would be there at these concentrations. And 2 that's my recollection and my understanding of 3 what the article represents. 4 Q. Okay. Was this finding -- or, well, let 5 me just ask it this way: Would the publication of 6 an article that discusses finding PCBs in wildlife 7 all along the West Coast of the United States be a 8 matter of importance or concern to Monsanto? 9 MR. PRAUSE: Object to the form of the 10 question. 11 A. The article, as would any article about 12 any product that Monsanto manufactured being found 13 in wildlife, would be of importance. What would 14 be of importance is that one should evaluate it to 15 determine the level of concern to be associated 16 with it. 17 Q. Okay. 18 A. So you asked me two questions; and I'm 19 sorry for doing that -20 Q. That's all right. 21 A. -- but it is the only way I know how to 22 try to be accurate. 23 Q. Let me turn you to Page 2 of the draft 24 article. It is actually Page 3 of Exhibit No. 18. 25 And I have highlighted a paragraph and I'm going 391 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055815 1 to try to read it. And I would like for you to 2 try to follow me and see if you think I read it 3 accurately. It's barely legible. 4 "The polychlorinated biphenyls (PCB) 5 occurring in fish and other marine organisms are 6 assumed to be industrial pollutants. They are 7 used extensively in industry as plasticizers and 8 in the manufacture of paints, resins, electrical 9 insulators and other products and are available in 10 railway car amounts. Since they are very stable 11 resist degradation, have significant vapor 12 pressures, are poorly soluble in water and highly 13 soluble in lipid, it is inevitable that they 14 should be concentrated in biological systems." 15 Have I read that correctly so far? 16 A. You have read it accurately. 17 Q. Okay. Their chemical structure is in 18 some respects similar to that of several 19 chlorinated hydrocarbon pesticides," I'm not going 20 to read the remainder of the paragraph. 21 A. The part you just read is not something 22 you highlighted. 23 Q. That's right. 24 A. Okay. 25 Q. First of all, that statement fairly 392 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055816 1 accurately describes the kind of PCB products that 2 Monsanto manufactured and sold in the United 3 States, correct? 4 A. I think what you are saying is it 5 reflects the uses to which the PCB products were 6 put to and also reflects that this -- that as 7 Risebrough states, and he states correctly, that 8 he is at this point in time assuming these to be 9 industrial pollutants. 10 Q. All right. And he also states and we 11 know now that it is correct that they accumulate 12 in biological systems, correct? 13 A. Correct, 2000. This is the year 2000 14 versus when was this written. 15 Q. That's right. 16 A. When was this written? 17 Q. Well, you got it in October of '68. 18 A. Okay. So 32 years ago. 19 Q. So he had deduced some time before 20 October of '68 that it accumulates in biological 21 systems, correct? 22 A. No. I think what he was saying is that 23 the materials have, if they get into the 24 biological systems and if they are the source what 25 he has seen and assumes to be PCBs -- even though 393 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055817 1 he didn't for sure identify them -- that they have 2 the properties that would cause them to 3 accumulate. 4 So far, I don't see any information that 5 shows that they are bioaccumulating. 6 Bioaccumulating means to grow with time relative 7 to what something is being exposed to. 8 And so what he is basically saying here 9 is that if these are assumed to be industrial 10 pollutants that they certainly have the physical 11 properties that which would cause them -- like 12 DDT, which we had experience with because it was 13 intentionally spread around and things of that 14 sort and we knew organisms were exposed to it - 15 it would have the properties to do the same. 16 But are you saying that he's, at 32 17 years ago he is saying that this was true? Or are 18 you saying that 32 years ago he is saying this is 19 possible and we need to further investigate the 20 situation? I believe the latter versus the 21 former. 22 Q. So in your opinion his statement that, 23 quote, "It is inevitable that they should be 24 concentrated in biological systems," close quote, 25 is not synonymous in any manner with 394 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055818 1 bioaccumulation? 2 A. I think an inevitability presents the 3 fact that it is going to occur, not necessarily 4 that it has occurred. 5 And it is just semantics. And he's not 6 stating scientific facts there; he is stating his 7 opinion based on if what he's -- the other 8 assumptions he says are true: If all the peaks 9 and the chromatograms that look like the ones in 10 Sweden are indeed PCBs -- and, by the way, in 11 Sweden they only found the ckc octychloryl 12 biphenyls we've discussed earlier -- then perhaps 13 this is true. 14 There's nothing wrong with what he is a 15 saying; but it's 32 years ago and you have gone 16 from that to stating it as a fact as if it were 17 known at that period of time, and it is not, this 18 is research. 19 Q. Well, what I've stated is, is this is an 20 opinion from a researcher in the United States 21 that was passed along to you in October of 1968, 22 correct? 23 A. But we have agreed to that earlier 24 and -25 Q. Regarding one of Monsanto's products 395 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055819 1 that you were tasked with determining whether or 2 not what he says is happening and what other 3 people say is happening is actually happening, 4 correct? 5 A. I was tasked with determining whether or 6 not peaks of those sort really were coming from 7 the United States Aroclor PCB products 8 manufactured here. 9 Q. Okay. 10 A. I couldn't disagree with him in terms of 11 the properties of the materials because I was 12 aware of what the properties of the materials are, 13 too. But to say that this, you know, is an 14 absolute proof of it or that at this point in time 15 we knew everything we know 32 years later is 16 incorrect. And so what this is, is another brick 17 in the puzzle or another piece of the puzzle that 18 is being put together. 19 And not taking what he says out of 20 context -- and I'm not implying that you do -- he 21 states that he, too, says if, assume, perhaps. 22 And I think he would also at the same time say, 23 "We need to do more work." So that's all I'm 24 trying to get across. 25 Q. I appreciate that. And again, I'm going 396 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055820 1 to object nonresponsive but I appreciate your 2 answer. 3 He references over here on the next 4 page. 5 THE WITNESS: There's a knock on the 6 door. (Interruption in the proceedings.) 7 MR. WRIGHT: Probably a fax for you. 8 Let me re-ask my question again. 9 MR. PRAUSE: Sorry about that. 10 MR. WRIGHT: That's all right. 11 BY MR. WRIGHT: 12 Q. He references on the next page in the 13 paragraph that I've highlighted that, "The PCB 14 peaks have been evident in chromatograms but 15 remained unidentified until late in 1967," he 16 says; although he references the Jensen work which 17 we know was passed on to Monsanto late in 1966, 18 correct? 19 MR. PRAUSE: Object to the form of the 20 question. 21 A. That's probably correct. But if you 22 want to reflect accurately what he says in his 23 paragraph -- which is what I thought we were 24 doing -- he says that they were unidentified until 25 late 1967. 397 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055821 Q. Right. A. The reason he probably does that is that he either wasn't, he, if he got a prepublication copy, he wasn't willing to, to state it as being real until it hadn't actually been published and peer-reviewed and things of that sort. And I believe, if I remember, it was published in Octa. Chem. Scand. from something you read earlier in 1967. So he's absolutely correct in the way he is doing it. Q. Right. A. It wasn't real to him or any other bona fide scientist until 1967 when it had really been published and peer-reviewed. Q. So he may not have had the information as early as Monsanto had it? A. I'm sure that he had a prepublication copy. I thought we had saw something earlier that indicated that he might have, but I could be mistaken about that. Q. I don't remember that? A. But I don't think that's the point. Q. Yeah, the point, the question is it's certainly possible if not probable that he did not have the Jensen and Widmark information as early 398 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055822 as Monsanto did, which was November, December of 1966? A. This is moving on from the last question and a new question -- Q. Yes. A. -- that you are asking me? That's a possibility, yes. Q. All right. Then he does reference the, a Sweden publication as reference No. 30 and we'll look at what that is in just a second. Actually, why don't we look at that right now? A. Sure, be great. Q. Just to clarify. A. Well, to determine what it is. Q. Yeah. No. 30 is entitled what? A. It looks like "Widmark." Does not that look like that to you, "Widmark"? Q. Yes, looks like "Widmark" to me. A. And it is a publication, yeah, and it is G. Widmark. And I'm just expressing difficulty to read, it is difficult to read. Q. It is difficult to read, yes. A. It's "G. Widmark," and it's the Journal of the Association of Official Analytical Chemistries, Volume 50, 1967. 399 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055823 1 Q. Right. 2 A. And it's apparently a publication of 3 Widmark but not Jensen. 4 On the other hand, some journal articles 5 don't print all the authors, they only print the 6 senior author; and of course we do know Widmark 7 was Jensen's boss and senior to him and a lot of 8 other people -9 Q. Yes. 10 A. -- at the institute. Is that accurate? 11 Q. That's accurate. 12 A. Did I read that correctly? (Laughter) 13 Q. You read that correctly. And my 14 assumption is that that, based upon the context in 15 which he refers to it here, is that he was 16 referring to essentially the same information or 17 at least the same kind of information that was 18 transmitted to Monsanto in November and December 19 of '67 as we talked through this morning. 20 Is that a fair assumption? 21 A. That's a, if we are referring to that 22 specific article and to those time frames and all 23 the other conditions that is you set on that 24 particular guestion, that would be a guantum jump 25 to agree with that. 400 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055824 1 When it was published, I'm sure that 2 after it had been published it was something that 3 Monsanto got, there's no question about that, 4 because everybody has access to the scientific 5 literature once it is published. 6 Q. Okay. But again, and I don't want to, I 7 don't want to spend the time going through this. 8 We walked through at some length this morning the 9 information that Monsanto received from Widmark 10 and Jensen and - 11 A. Okay, then maybe I understand your 12 question better. 13 In other words, you're asking me if what 14 we walked through earlier was every referred as 15 the Journal of Association of Official Analytical 16 Chemistry? And I can answer that no. 17 Q. Okay. No, that wasn't my question. 18 What my question was is, in the context 19 of this article when he says that attempts to 20 identify them were unsuccessful until reports 21 appeared from Sweden and he gives this reference, 22 is it fair to assume -- and you may recall this 23 from your recollection of this reference -- is it 24 fair to assume that the information that's 25 contained in this reference is generally the 401 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055825 1 information that Monsanto received in November of 2 '66 with the prepublication copy of Jensen's work 3 finding polychlorinated biphenyls in wildlife in 4 Sweden? 5 A. The answer to that is, is that 6 Dr. Risebrough refers to what he refers to and it 7 is clear what he refers to. If we would like to 8 get a copy of that particular article and see 9 whether or not we trace it back to unpublished 10 things of that sort that came in earlier, that's 11 fine to do. 12 But I, you know, based on what we are 13 looking at here, I can only say that 14 Dr. Risebrough has done correct. He has 15 referenced a published article; and what's in that 16 published article, as you have indicated earlier, 17 is what researchers do is they go get a copy of 18 that article and they read it and see how it 19 applies. 20 Q. Okay. 21 A. And it's of the same topic; it's of 22 everything we're talking about today. But to know 23 whether or not it the exact information in an 24 article we haven't seen is the same as something 25 earlier, I can't testify to that. 402 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055826 Q. Okay, the next reference is to an article from Great Britain. A. You are going to have to push this over so we can -- Q. Yes. He references an article from Great Britain that PCBs had been identified in wildlife with the use of mass spectrography, do you see it? A. Well says, Item 22. Did we look up at 22? Q. No. What I'm asking you about? A. The next reference is Item 22, isn't that what is in the parentheses, Item 22? Q. No. The next reference after the Swedish reference is Great Britain, which is No. 14. And that's -A. 30 is what we looked at earlier. Q. That's fine. A. So we skipped 22, we looked at 30, now we're looking at Item 14. Q. Well, for the record let me just ask you: The sentence that Item 30 documents is the sentence that generally one that states, "Attempts to identify them," and he is talking about PCBs, "were unsuccessful until reports appeared from 403 Tucker, E. Scott (deft's analyt chem expert) in OWENS 1 Sweden (30)," and we just talked about that, and 2 from Great Britain (14) that PCB had been 3 identified in wildlife with the use of mass 4 spectrography and gas liquid chromatography 5 respectively." 6 First of all, did I read the sentence 7 correctly? 8 A. Yes. 9 Q. Okay. And the "them" that he is talking 10 about that were unidentified are these peaks that 11 were showing up in various places in studies of 12 environmental samples? 13 A. That, and he is referring to the fact 14 that the Swedish researchers saw 15 octachlorobiphenyl in this example via mass spec. 16 Q. Okay. Now the point I would like to 17 talk about now is the Great Britain reference, 18 which is number 14. And can you read what the 19 reference number 14 is? 20 A. Okay, maybe can you help me. 21 Q. Let me see if I can read it. 22 A. The first name, I can get some of it and 23 probably figure it out. The first name -24 Q. Looks like Holmes or Home, looks like 25 Holmes D. C. 404 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055828 1 A. The second name is. 2 Q. May be Simms? 3 A. Simms or, and the third name I can see 4 is -- 5 Q. Tatton? 6 A. Tatton or Taton. 7 Q. Yes? 8 A. Either one, with three initials there 9 Q. Yes, and the article -10 A. -- then it says Nature 116, 1967 . 11 Q. Now you're familiar with the j ournal 12 Nature, correct? 13 A. Yes, I am. 14 Q. That is a very distinguished British 15 scientific journal, correct? 16 A. Yes. And distinguished by the fact that 17 it has been around a long time and things of that 18 sort. And but yes. 19 Q. Did you look up the article that was 20 referenced in Item No. 14? 21 A. Yes, I'm sure I probably did. 22 Q. Do you have a recollection of doing so? 23 A. Okay. I have a recollection of getting 24 all of the articles that I could here. As we 25 indicated earlier, that's what you do when you 405 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055829 1 review a publication. 2 And so I don't have a recollection of 3 getting that article specifically. I do remember, 4 though, if I remember correctly, the nature 5 article didn't really refer to PCBs, it referred 6 to pesticides in unknown peaks. But I don't think 7 that it actually said PCBs, but it might have. If 8 you have a copy of that, we can look at it and 9 see. 10 Q. I do not have a copy of it. 11 A. Okay. 12 Q. I would like the best of your 13 recollection as Monsanto's expert - 14 A. Answered. 15 Q. --of what the article says. 16 A. Answered. Keeping in mind with fairness 17 to me that's 33 years ago. 18 Q. I understand. 19 A. Okay. 20 Q. Now the last sentence of this memo says, 21 "Scott Tucker is going to scrutinize the 22 analytical aspects and particularly the validity 23 of," what is that word there? 24 A. It looks like "soce" but I think it's 25 "some." 406 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055830 1 Q. "The validity of some of the that's 2 right, this is much more legible. 3 A. I bet you it is "some," but it looks 4 like S-O-C-E. 5 Q. Scott Tucker -- 6 A. "Of some of the assumptions made by the 7 author." 8 Q. Actually, why don't you read the last 9 paragraph? 10 A. The whole paragraph or the last sentence 11 you referred to? 12 Q. No, read the whole last paragraph of 13 this October 21, 1968, memo if you would please 14 sir? 15 A. This memo states, "In a few words, 16 Risebrough has found 17 THE REPORTER: I'm sorry. 18 MR. SHIELDS: I'm sorry. Let me start 19 from the beginning to make it clear. 20 BY MR. WRIGHT: 21 Q. If you wouldn't mind saying "quote" when 22 you start and then "close quote" when you end? 23 A. I wouldn't mind doing that. May I 24 understand why? 25 Q. Yeah. Because the way you started to 407 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055831 1 answer the question, you say, "This memo states in 2 a few words, " and it may sound like when we read 3 this - 4 A. Oh, okay. 5 Q. -- that you are summarizing it. 6 A. Quote. 7 Q. Let me ask a question and then - 8 A. "In a few words," came from the memo, 9 not from me. 10 (Simultaneous conversation.) 11 Q. That's all right. I'm just saying when 12 somebody reads this it's going to sound like 13 you're summarizing and I want it to be clear that 14 you are quoting - 15 A. I understand what you're saying. I 16 though, "Golly, I didn't say, 'in a few words.'" 17 Q. Okay. Let me ask the question. 18 Dr. Tucker, would you read the last paragraph of 19 this October 21, 1968, memo? 20 A. Yes, sir. Quote: 21 "In a few words, Risebrough has found 22 PCBs along with chlorinated pesticides in a number 23 of species of fish and birds along the California 24 coast as well as in waters off Baja, California 25 and Central America." That does say Central 408 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055832 1 America. "We further reports, we further 2 reports," and it does say reports, "PCB in fish 3 from the Channel Islands and Puget Sound. No PCB 4 was detected in the liver of tuna taken in 5 Galapagos, Archipelago." Something like, that. 6 "Scott Tucker is going to scrutinize the 7 analytical aspects and particularly the validity 8 of some of the assumptions made by the author." 9 Q. Did you do that? 10 A. Did I do that accurately? 11 Q. Yes. 12 A. Okay. 13 Q. Thank you for reading that. 14 A. You're welcome. 15 Q. My question now is, is did you 16 scrutinize the analytical aspects and the validity 17 of some of the assumptions made by the author? 18 A. Yes, I scrutinized the article. And 19 yes, I didn't -- yes, I had an opinion on the 20 validity of the article. I didn't scrutinize the 21 validity. I looked at it. 22 Okay I understand what you are saying. 23 Yes. 24 Q. I'm just asking did you do what he said 25 you were going to do back in October of '68? 409 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055833 1 A. Yes. 2 Q. And what did you find when you did what 3 he said you were going to do in October of '68? 4 A. As I stated earlier, the identification 5 of the PCBs was based on the work done by, if I, 6 this is my recollection, based on the work done by 7 Soren Jensen and Gunnar Widmark where they had 8 taken at least one sample and done a mass spec on 9 it and found octachlorobiphenyl and in turn 10 decided it was a PCB. 11 And that it may or may not be, but they 12 thought it might be all reflective of the other 13 209 PCB isomers that are out there or were out 14 there and could be out there and were 15 manufactured. 16 Now it appeared to me at that time, if I 17 remember correctly, that Risebrough had said, Wow, 18 look at that. I see the same peaks using the same 19 kind of techniques with the exception of the mass 20 spectrometer -- which is, of course, the only way 21 to absolutely identify polychlorinated biphenyls 22 or any other molecule -- and they are probably the 23 same thing. If it was the same thing, then this 24 is what it might be. 25 And so the validity was that he indeed 410 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055834 1 did state what he did and he stated it correctly. 2 He did not state that he had absolutely 3 found PCBs or this. He went into some statements 4 based on that information where he projected and 5 proposed some possibilities. And that's exactly, 6 if I recall, what I told my management. And that 7 on an absolute basis, you know, a lot of what he 8 was saying could be correct and a lot of what he 9 was saying couldn't be. 10 And I have to tell you even today when 11 we run an electronic capture chromatogram on an 12 environmental sample we find unknown peaks. So 13 you, you know, that's where we were. 14 And it was another piece of information; 15 and there were a lot of other people that were 16 finding unknown peaks that were doing the same 17 kind of pesticide analysis. 18 Q. Okay. One quick question to clarify 19 your answer. You said you told your management 20 that a lot of what he was saying could be true and 21 a lot of it couldn't. But saying that it couldn't 22 be true, did you mean it was impossible or did you 23 mean that it might not be true? 24 A. I meant what I said. And I believe I 25 said that it could, that there was a possibility 411 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055835 1 it might not be true. 2 Q. No, that wasn't -- 3 A. How did you want to state that now? 4 Q. No. The exact words that you said -- 5 A. You have an advantage. 6 Q. That's right, I do -- 7 A. -- in the sense that you are rereading 8 the record and I can't do that. But go ahead. 9 Q. That's exactly right and that's why I 10 asked you to clarify it. I could have her read it 11 back, but -- 12 A. I think that would be appropriate. 13 Q. Okay. If you will scroll back up I'll 14 show you the part to read back. 15 A. That way I know what I said and not what 16 you said I said. 17 Q. Okay. 18 A. Which I think is the way it should be. 19 MR. WRIGHT: I want us to be accurate. 20 (Discussion off the record.) 21 MR. WRIGHT: Let's go off the record 22 just a second, please. 23 THE VIDEOGRAPHER: We're off the record 24 at 12:53. 25 (Recess taken.) 412 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055836 1 THE VIDEOGRAPHER: We're on the record 2 at 12:54. 3 BY MR. WRIGHT: 4 Q. Doctor, what I heard you say -- and the 5 record will reflect what you actually said. But 6 what I heard you say is that you told your 7 management that, and I'm paraphrasing but I think 8 I'm paraphrasing pretty closely, that a lot of 9 what Dr. Risebrough said could be true and a lot 10 of it couldn't be true. 11 And all I'm asking you now is, did you 12 mean by the use of the word "couldn't be true" 13 that it wasn't possible for a lot of what 14 Dr. Risebrough said to be true and is that what 15 you communicated to your management? Or did you 16 simply communicate to your management that it 17 could be true or it might not be true? 18 MR. PRAUSE: Object to the question. 19 A. I answered that question and I think 20 it's clear on the record how I answered that 21 question. And I don't know how to answer the 22 question you have just asked because it is kind of 23 like taking the question that you asked to begin 24 with and adjusting it slightly. It is kind of 25 like you asking me what I meant by "could" or 413 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055837 1 "could not," and I meant what I said. 2 Q. Let me ask you a different -- 3 A. I meant what I said and I speak fairly 4 good English in a clear fashion. If you want me 5 to expand on a portion of what I said earlier, I 6 can probably do that. But if you want me to agree 7 to the way you interpret what I said, I'd have to 8 say that what you have just said isn't clear 9 enough for me to agree with you. 10 Q. Okay. Let me ask you this question. 11 Did you tell your management after reviewing the 12 Risebrough article that what he said about PCBs 13 was not possible to be true? 14 A. No. 15 Q. Okay. Did you tell your management that 16 what he said about PCBs could be true or could not 17 be true but that you were uncertain? 18 A. Yes. 19 MR. WRIGHT: Okay. Why don't we break 20 for lunch? 21 THE VIDEOGRAPHER: We're off the record 22 at 12:56. 23 (Lunch recess 12:56 p.m. to 1:54 p.m.) 24 THE VIDEOGRAPHER: We're on the record 25 at 1:54 . 414 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055838 1 BY MR. WRIGHT: 2 Q. All right, Dr. Tucker, I'm going to 3 begin now going through in a somewhat 4 chronological basis, although it won't be entirely 5 chronological, the documents that were provided 6 before your deposition. 7 I believe almost all of the documents 8 that we talked about this morning were not 9 provided to you to review before this deposition 10 and are not part of Exhibit No. 4. There may be a 11 page or two here and there that was. 12 But these documents now that I'm going 13 to go through are primarily from Exhibit No. 4, 14 which you reviewed prior to the deposition with 15 the attorneys for Monsanto. 16 A. If I may, let me understand for sure 17 what you said. 18 Q. Yes, sir. 19 A. What you have said is all the documents 20 you are going to show me in this pile in front of 21 me were from the piles that I had reviewed and 22 that my -- the lawyer that is defending me here 23 provided it to you? 24 Q. Yes. Primarily. 25 A. What does "primarily" mean? 415 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055839 1 Q. There will probably be -- well, I'm 2 saying there may be a couple -- well not maybe, 3 but there will be as we go through this 4 afternoon's session a couple of documents that 5 were not included in Exhibit No. 4. When I ask 6 you about those, I will make clear that -7 A. Okay. 8 Q. --to the best of my knowledge they were 9 not included in Exhibit No. 4. And if I'm wrong 10 about it, the record is going to reflect; because 11 if you recall, we went through yesterday and read 12 into the record all of the numbers for the 13 documents that were included in Exhibit No. 4. 14 But I just wanted to let you know 15 generally what we were going to do. 16 A. Okay. The point is if you were to say 17 that these were all I had seen them before in 18 preparation and then you showed me one I wasn't, I 19 might question my sanity and I don't like to do 20 that. 21 Q. Right, I understand -22 A. Thank you. 23 Q. -- and I appreciate that. And if you 24 think I'm making a mistake along the way, let me 25 know; because I am prone to make mistakes on 416 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055840 1 usually a minute-by-minute basis. 2 The first document that I would like to 3 ask you about is 014582, or DSW 014582. Would you 4 take a brief look at that document, please, sir. 5 A. (Witness peruses document.) 6 Q. Have you had an opportunity to rereview 7 this document? 8 A. Yes. 9 Q. This is a memo dated December 31, 1968, 10 from W. R. Richard to you, correct? 11 A. Yes. 12 Q. And it is reporting that, "Gerry Miller 13 at Anniston says that he has GLC curves for 14 Aroclor in fish tissue." 15 What did you interpret that sentence to 16 mean? 17 A. I interpreted that sentence as to mean 18 that Gerry Miller, who -- I interpreted that 19 sentence to mean that Gerry Miller thought that he 20 might be seeing PCBs in some GLC curves that were 21 generated for another purpose. 22 Q. What are GLCs? 23 A. It is a way that people who are not 24 familiar with or up to date on gas chromatography 25 refer to it; it's called gas liquid chromatography 417 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055841 1 versus gas chromatography. 2 Q. All right. 3 A. And it kind of reflects Gerry's 4 understanding of the subject at the time he wrote 5 that memo. 6 Q. And that's what we were talking about 7 yesterday where before you hooked the electron 8 capture device to the gas chromatography, you 9 still got data from the gas chromatography but the 10 data was not as detailed as it was after you 11 connected the two machines, correct? 12 A. The probability that -- okay. What I 13 said -- that, what you are saying is correct from 14 a layman's viewpoint. 15 Q. Okay. 16 A. What I said from a technical viewpoint 17 or meant from a technical viewpoint was that the 18 detection systems that were being used -- for 19 example, I believe here, too, although you can't 20 tell for sure from the memo -- were of the 21 universal variety that responded to everything. 22 And that if mineral oil had been in the sample 23 that he was analyzing, he would have looked and 24 seen peaks that would be attributable to 25 components in mineral oil that, if you put PCBs in 418 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055842 1 place of the mineral oil, you would see peaks, 2 too. 3 So you would see peaks and you wouldn't 4 really know whether they were PCBs or not; you 5 would just simply know that there were things that 6 were going through the chromatographic that a 7 thermal conductivity detector was responding to. 8 The electron capture detector was more 9 selective. If you put mineral oil through a gas 10 chromatograph attached to an electronic capture 11 detector, it wouldn't see it. And so if this 12 was -- if these peaks were due to mineral oil and 13 you ran it through a GC/ECD, you would see it and 14 you would know that they couldn't be Aroclor. 15 Q. But Gerry Miller at least believed that 16 he had curves for Aroclor in fish tissue, 17 according to this memo from Mr. Richard or 18 Dr. Richard, correct? 19 A. No. 20 Q. Okay. Well, let's look at the second 21 paragraph, quote, "Gerry says that most of the 22 Aroclor isomer peaks are retained in the tissue 23 sample." 24 Did I read that sentence correctly? 25 A. First of all, the equipment that he had 419 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055843 1 was not capable of separating PCBs to the isomer 2 point. So as I'm trying to point out in a nice 3 fashion, Gerry is saying what he believed based on 4 his skill and practice. And he's obviously not 5 seen PCB isomers because he can't get that kind of 6 resolution. 7 And really what Gerry is saying is, I 8 think -- and the reason I'm involved and the 9 reason Richard involved me was because they needed 10 somebody with more practice to really look at it 11 and say, "Gee, is this true or not?" 12 Q. Did you, the second sentence of that 13 paragraph says that he is going to send a copy of 14 the chromatogram to you, correct? 15 A. That's correct. 16 Q. Do you recall receiving a copy of that 17 chromatogram? 18 A. Not specifically. But I have no doubt 19 to believe that I did and I have no doubt to 20 believe that I reviewed it. I do recall what I 21 probably would have said in this particular 22 instance. 23 Q. Well, first of all, do you recall what 24 opinion you came up with if you reviewed the 25 document? 420 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055844 1 A. Yes. 2 Q. Okay. You recall that, or you have an 3 assumption of what you -- 4 A. I recall reviewing information that was 5 provided me early on that people felt might be 6 useful in terms of what they had. And I was asked 7 to evaluate whether or not it was really 8 definitive or not definitive and whether or not it 9 was useful. 10 Q. Okay. Let me object, nonresponsive. 11 What I'm asking you right now is, this 12 case is about Anniston and this document reflects 13 an Anniston scientist's belief that he sees 14 Aroclor curves in fish. And it also indicates 15 that the chromatograph that he bases his belief on 16 is going to be sent to you. 17 And what I'm asking you is, do you have 18 a specific recollection of reviewing that 19 chromatograph? 20 A. Yes. 21 Q. Okay. When did you review the 22 chromatograph referred to in this memo? 23 A. I more than likely reviewed -- I don't 24 remember exactly. I do know that it would occur 25 after this memo, so it would be on or about late 421 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055845 1 1968 -- very late 1968, since this is dated 2 December 31 -- or probably the first quarter or 3 even later than that. But whenever they got it to 4 me, I reviewed it. 5 Q. What do you recall seeing when you 6 reviewed this chromatograph? 7 A. My recollection is, is that I saw a 8 chromatogram with a lot of peaks in it and that 9 from my viewpoint were not definitively PCBs or 10 Aroclors. And that the information, while it was 11 instructive and what he said could probably be 12 true, it certainly wasn't definitive from the 13 information I was presented. 14 And I believe that that's why somebody 15 who had more practice and a better understanding 16 was being asked to look at what Gerry thought he 17 had. 18 Q. Okay. The next document that I'm going 19 to ask you about is a handwritten document that I 20 believe you wrote -- well, let me refer to the 21 Bates number, it's 035902 through 035920? 22 MR. PRAUSE: What's the prefix, MONS? 23 MR. WRIGHT: MONS, yes, I'm sorry. It 24 appears to be dated 1/2/69; and it's 25 entitled, "S. Tucker's report to W. Richard." 422 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055846 1 Do you recall ever seeing that document 2 before? 3 A. Yes. 4 Q. Okay. Does that look like your 5 handwriting? 6 A. Everything on the page that I'm looking 7 at looks like my handwriting with the exception of 8 the date and the comment, "S. Tuckers' report to 9 W. Richard," that's not my handwriting, and the 10 handwriting "FF" over the word "Aroclor." 11 Q. Okay. Again, "FF" probably means 12 "Functional Fluids" in this context? 13 A. Yes. It's a filing reference probably. 14 Q. And the rest of the filing reference is 15 "Aroclor Wildlife"; and that's what you all were 16 calling the project? 17 A. Could be probably "Aroclor: Wildlife." 18 Q. Yeah. 19 A. You can't tell for sure. But yes. 20 Q. That's what you all were calling this 21 general project at that time? 22 A. That's what this document is entitled. 23 Q. Okay. 24 A. I believe I have seen other documents 25 that you have shown me that said 423 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055847 1 electrical-something-or-other part five or things 2 of that sort. So if you are implying that we 3 always or generically called it that, not 4 necessarily. 5 Q. Okay. But that is one of the things the 6 project -- and by "the project" I'm talking about 7 trying to figure out where Monsanto's products 8 were going and where they were staying and what 9 they were doing. That general, one of the things 10 that general project was referred to as was 11 Aroclor Wildlife? 12 A. In this instance. It's not, the project 13 was not called Aroclor Wildlife. 14 Q. Okay. Thank you, doctor. 15 On the fourth page of the document there 16 is an item number, there's a 3 in a circle. And 17 would you read through the end of that page and 18 then I'm going to ask you to read some on the next 19 page, too. But I want to talk about what's on 20 that page. 21 So the question is, would you read 22 what's designated as item number 3 here on Page 4 23 of your report to Mr. Richard in January of '69. 24 A. Item three; and as has been stated, it 25 is on Page 4 of exhibit - 424 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055848 1 Q. Actually you can refer to the Bates 2 numbered page. 3 A. Okay. And we've already done that, it's 4 035902. Okay. 5 Q. Actually, why don't you refer to the 6 page that you are reading from? 7 A. Yeah, great; it's MONS 035905. 8 Q. All right. 9 A. And it starts out, quote, "After closely 10 reviewing the available literature, I find it 11 difficult to dispute the identification of the 12 interfering peaks as PCBs. Still we have not," 13 and there's a word "actually" crossed out, 14 "demonstrated this on," and there's a word 15 "actual" crossed out again and substituted for it 16 "real samples in our laboratories. For this 17 reason, a letter to the fish and wildlife people 18 at Patuxent is being," and then there's a "dif" 19 crossed out. The next word, "drafted requesting 20 duplicate samples of some of the tissues in which 21 they believe they have," and then there's a 22 crossed out section. And I can read that if you 23 like. But what it means, it says, "found PCBs. 24 These samples would then be subjected to an 25 absolute GC mass identification. If PCBs are 425 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055849 1 found this still doesn't, doesn't not prove," and 2 that's all that's on this page. 3 Q. Go ahead and read, I think the subject 4 continues a little bit on the next page? 5 A. Okay. "that our Aroclors are the source 6 of the contamination. To help us determine if 7 Aroclors are the actual source of the following - 8 the actual source, the following experiments have 9 been planned." 10 Q. Okay. Let's stop right there and we'll 11 talk about the experiments that are planned in a 12 minute. 13 But essentially your opinion by the 14 first of January of 1969 was that you said," I 15 find it difficult to dispute the identification of 16 the interfering peaks as PCBs." By that, were you 17 referring to the interfering peaks that we have 18 talked about that were set out in the literature 19 as of that time? 20 A. Yes. What I'm indicating is that what I 21 had been provided didn't have enough information 22 to allow me to draw that conclusion. 23 Q. Well, actually what you said is, "I find 24 it difficult to dispute the identification of the 25 interfering peaks as PCBs." Are you not 426 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055850 1 indicating by that that you are agreeing with the 2 analysis of the peaks as PCBs? 3 A. Certainly not. I'm certainly not 4 agreeing that they are PCBs and that's why I'm 5 recommending other things be done. 6 What I'm saying is, is that the 7 information that I have been provided, and to be 8 fair about it, doesn't allow me to say whether 9 there are PCBs for sure or not; and therefore I 10 cannot dispute whether these are PCBs. And that's 11 what it is saying -- 12 Q. Well, doctor, - 13 A. -- clearly. 14 Q. -- in all fairness, the way I -- it 15 sounds to me as if you are saying that the 16 identification of the interfering peaks in the 17 literature as PCBs is difficult to dispute but we 18 don't know where -- whether they are our PCBs or 19 not. 20 MR. PRAUSE: Object to the form. 21 Q. Is that not a fair reading of what you 22 wrote? 23 MR. PRAUSE: Object to the form. 24 A. No, it certainly is not. But I would 25 add perhaps if you wrote it that's what you'd 427 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055851 meant; but you didn't write that, I did. Q. Okay. And you have a clear recollection of what you met in January 1969 for this sentence? A. Since you showed me the document and I wrote it myself, yes, I certainly do. Q. Okay. A. And I think I told you what that recollection was. Whether it is clear or not is up to you. Q. And then you stated four things to help us to determine if Aroclors are the actual source of. Source of what? A. Is that a question? Q. Yes. A. Yes, I stated four things. Q. Right. You're saying that, "our Aroclors are the source of contamination," I'm sorry, I missed that word. A. Is it okay to look at the full sentence? Q. Yes, if you would. Because that's, I want you to read the full sentence. I just misread it, I believe. A. "If PCBs are found this still doesn't prove that our Aroclors are the source of the contamination." 428 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055852 1 Q. Okay. 2 A. Okay. And you skipped past the fact I 3 think I recommended earlier something that needed 4 to be done to prove that they were PCBs. 5 Q. I didn't intend to skip past anything. 6 Can you tell me what we skipped past? 7 A. "The samples will be then subjected to 8 absolute GC mass identification. That's the only 9 absolute way to determine if PCBs are present." 10 And when you are dealing with altered 11 chromatograms and things of that sort, and even 12 with regular ones. So what I'm saying is, one, I 13 can't say whether these are PCBs or not. 14 Q. Well, actually, what you -- 15 A. I certainly can't dispute that they 16 might not be. 17 Q. Yeah. 18 A. Two, I'm recommended that we analyze the 19 sample by GC mass spec, which why we're requesting 20 samples from them, to absolutely identify, one, 21 that PCBs are present. And then if PCBs are 22 present, I'm recommending that in order to try to 23 identify as to whether or not Aroclors are the 24 source versus some other industrial application or 25 something of the sort, which was the understanding 429 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055853 1 at this point in time, that we do four items that 2 you asked me to agree to are here and I have 3 agreed. 4 Q. And what are the four, what are the four 5 items? 6 A. And the four items are experiments. And 7 the first one is, "Water solubility of Aroclors," 8 or referred to as that in a shorthand form. 9 The second one, "Incineration of Aroclor 10 containing paper." 11 The third one is, "Analysis of air, 12 water and soil samples from around our 13 manufacturing sites." 14 And the fourth one is feeding studies 15 with pesticides that might be metabolized to PCBs. 16 THE REPORTER: Doctor, you got ahead of 17 me. 18 THE WITNESS: I'm sorry. 19 THE REPORTER: "The third one is 20 analysis of Aroclor..."? 21 A. The third one is, "Analysis of air, 22 water and soil samples." And in that sentence is 23 crossed out "environmental samples" which precedes 24 the "air, water and soil. "Especially in the 25 areas of," is crossed out, and then it says, "from 430 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055854 1 around our," and "and" is crossed out, 2 "manufacturing sites." 3 And then the fourth one is, "Feeding 4 studies with pesticides that might be metabolized 5 to polychlorinated biphenyls." 6 Q. Now all four of those things were done, 7 correct, Dr. Tucker? 8 A. All four of these things to one degree 9 or another were eventually done, yes. 10 Q. And all four of these -- those things 11 after they were done led to the conclusion that 12 Monsanto Aroclors were a significant source of PCB 13 contamination, at least in the United States? 14 A. These four items helped verify that what 15 we were seeing -- okay. As far as I'm concerned, 16 we're mixing apples and oranges. 17 These experiments were intended to 18 identify whether or not Aroclors were the source 19 of PCBs, if they were PCBs as established by mass 20 spec. So now -21 Q. In fact, doctor, PCBs were established 22 beyond anyone's question in environmental samples 23 from around the United States, correct? 24 A. Yes, sir. And we did that, too. 25 Q. All right. 431 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055855 1 A. We participated in that, we were the 2 first laboratory that probably decided that for 3 sure in the United States and proved it 4 unequivocally using absolute techniques. 5 Q. You were the first laboratory that prove 6 it to Monsanto's satisfaction? 7 MR. PRAUSE: Objection to the form of 8 the question. 9 A. No. Our information was shared and 10 published those sorts, so -11 Q. Well there were certainly other people 12 who had a strong belief that PCBs were 13 contaminating environmental samples long before 14 Monsanto came to the conclusion that PCBs were in 15 fact contaminating environmental samples, correct? 16 MR. PRAUSE: Object to the form of the 17 question. 18 A. There were people that believed that was 19 a possibility, if that's where you are talking 20 "belief," but who hadn't proved it but were in the 21 process of doing that, of trying to prove that 22 belief. And we were also in the process of trying 23 to prove or disprove that belief. 24 Q. When was it ever proved to your 25 satisfaction, Dr. Tucker, that PCBs manufactured 432 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055856 1 by Monsanto were contaminating air, water, soil 2 and animals in the United States? 3 A. When - 4 MR. PRAUSE: Object to the form of the 5 question. 6 A. When we had established the methods 7 optimized for PCBs, not for pesticides, and proven 8 that they had worked and we had taken the extra 9 step of going to a GC mass spec with real Aroclors 10 as standards and shown that they were there. 11 At that point in time, we had verified 12 beyond a shadow of a doubt that there was no 13 question that in cases where we found PCBs by mass 14 spec that they were there. 15 Q. And I'm asking you when in your mind did 16 that occur? 17 A. That would have to have been after we 18 had established GC mass spec techniques in the 19 United States in the laboratories in St. Louis. 20 And if I remember correctly, it had to be about 21 mid 1969 sticks in my mind as the date at which we 22 had run standards through a system that we had put 23 together to mimic the LKB GC system that the 24 Swedish folks had used. 25 So it would be some time after that that 433 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055857 1 we began to run environmental samples through that 2 and verified that they indeed were PCBs, as well 3 as other things in those samples. 4 Q. And how many samples did you have to run 5 through there before you, Scott Tucker, were 6 convinced that Monsanto PCBs were contaminating 7 the environment in the United States? 8 A. Each sample that was run through there, 9 when you look through the mass spec -- which is 10 the output of the instrument in the system - 11 would tell you if there was a PCB there or not. 12 When you ran the sample through, if you saw the 13 PCBs, then that sample had PCBs in it. 14 To determine whether or not the type of 15 thing you are talking about was widespread 16 required that we begin to look at samples all 17 around the United States; and that's the process 18 that began along with a large number of other 19 researchers. 20 Q. Okay. One of the first places you 21 looked for PCB contamination was in Anniston, 22 Alabama, correct? 23 A. That's correct. 24 Q. And that was logical because PCBs were 25 manufactured in Anniston, Alabama, correct? 434 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055858 1 A. Correct. 2 Q. And in fact, one of the first set of 3 environmental samples that you received was from 4 Anniston in September of 1968, correct? 5 A. Are we through with this other exhibit? 6 Q. Yes, we're through with that and I'm now 7 referring to another document from Exhibit No. 4, 8 DSW 014094. And I'll just represent to you that 9 it is a memo from you to Mr. Richard and Elmer 10 Wheeler reporting your analysis of samples that 11 had been received by you in September of 1968 and 12 your report is February of 1969. 13 A. Did you want me to read it? 14 Q. I would like for you to review it. 15 First, though, just for the record, did I 16 accurately describe what the memo purports to be? 17 A. If you are trying to describe what it 18 purported to be, you did that accurately. The 19 memo is as you said. Is that? 20 Q. Yes. 21 A. Okay. It's February 25, 1969. It's 22 from myself authored by me to W. R. Richard and 23 Elmer Wheeler at the general office; and it is 24 dated 9/6/68, that's when the samples were 25 received; and the memo itself is dated 435 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055859 1 February 25, 1969. 2 Q. And what did you find in your results of 3 the analysis of the Anniston samples that had been 4 received by you in September of '68? 5 A. The memo indicates that, "The results of 6 the analysis are as follows." And then it shows a 7 table with basically three columns; the initial 8 column is, "Sample Designation." And then that's 9 followed by an over-column of Aroclor, "Amount 10 Aroclor Found." And then there are two types of 11 matrixes indicated under that, and they are 12 "Sediment" and "Water." 13 At the plant out fall, we estimated 14 there was 0.20, plus or minus 0.2% of Aroclor 15 found in the sediment taken, that sample 16 designated obviously as plant out fall. In water 17 associated with that, we found there was 58 plus 18 or minus two parts per billion. And that parts 19 per billion has two asterisks associated with it 20 which are used as footnotes; and the asterisks 21 state that, "No less than this amount present." 22 The next sample, which is the second one 23 of the two, says, "Plant out fall (1 blk)". "Blk" 24 being the abbreviation for block that I used. 25 And then the first one says, "Sediment 436 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055860 1 1.64 plus or minus 0.64%." 2 And then the next says a dash or a 3 hyphen, whichever you look at it, a single 4 asterisk, and it says, "Sample broken in transit," 5 as a footnote. That's what we found. 6 Q. Okay. Now just so that it is clear 7 because we talked about different terms, at the 8 plant out fall, what did you, what do you believe 9 that meant? Where the waste water from the plant 10 leaves the plant property? 11 A. To be real truthful with you, I do not 12 know. As we talked earlier, I have never been to 13 Anniston. 14 Q. All right. 15 A. I knew that the label on the sample said 16 "Plant out fall," -17 Q. Yes. 18 A. -- and that's what I knew it to be. 19 Q. Okay. And one of the samplings that you 20 analyzed was sediment from the plant outfall and 21 you found .20, is that percent? 22 A. 2/10th of a percent, correct; that would 23 be 2,000 parts per million. 24 Q. 2,000 parts per million? 25 A. Well, 10 to the fourth? Yeah. 437 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055861 1 Q. Now did it take a gas chromatograph 2 coupled with an electron capture device to 3 determine 2,000 parts per million in an 4 environmental sample in 1967? 5 A. Apparently that's what was used here; is 6 that correct? 7 Q. No, yeah - 8 A. Because the next paragraph says, "The 9 EC/GC traces of sediment were unmistakably Aroclor 10 1242 . " 11 Q. Right. Doctor - 12 A. But there are a number of -- Okay. Ask 13 the question again, please, because this is 14 interesting. 15 Q. You may not have understood my question. 16 My question to you is, had this sample been taken 17 in 1966, let's say, rather than in 1968, would it 18 have been possible to detect Aroclor at a level of 19 2,000 parts per million using the methods 20 available at that time? 21 A. And not using -- now I said '66, we know 22 Jensen and Widmark were using the electron capture 23 device. But I'm saying without using that 24 device - 25 MR. PRAUSE: You mean the mass spec? 438 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055862 1 Q. Without using that device or a similar 2 device, would it have been possible to determine 3 the environmental sample of 2,000 parts per 4 million? 5 A. Parts per million of what? 6 Q. Of PCBs. 7 A. No. 8 Q. Okay. There's no way that anybody in 9 the world that you are aware of, without using 10 either a GC mass spec on a GC electron capture 11 device, could have determined that there were PCBs 12 present in an environmental sample in which 2,000 13 parts per million PCBs were present? 14 A. There's no way in the world that they 15 could identify the materials present as PCBs -- 16 Q. All right. 17 A. -- on an absolute basis. There's no 18 question about that. If there was, people 19 wouldn't have gone to the trouble to using gas 20 chromatograph electron capture and they would have 21 been doing those things a long time ago. 22 Q. Now a block away from the plant out fall 23 you said they -- that you found 1.64%, which is a 24 little over one-and-a-half percent PCB in the 25 sediment sample. 439 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055863 1 Is it your testimony, Dr. Tucker, that 2 there is no method available in the world before 3 the development of GC/ED or GC/MS to have 4 identified more than one-and-a-half percent PCBs 5 in an environmental sample? 6 A. No. 7 Q. So they couldn't have identified, in 8 your opinion, 2,000 parts per million but 164,000 9 parts per million could have been identified? 10 A. Correct. 11 Q. All right. Now was there any question 12 in your mind as of February 25, 1969, that 13 Monsanto Aroclors were leaving the Monsanto plant 14 in the out fall and depositing in the environment 15 in significant amounts? 16 A. I think if we just read the next 17 sentence it answers the question. "The amount 18 Aroclor found was calculated as Aroclor 1242. The 19 EC/GC traces of the sediment were unmistakably 20 Aroclor 1242." 21 And what that basically says, that in 22 the samples I was provided as they were labeled I 23 found what I found. And I attested to the fact 24 that in my expert opinion it was Aroclor 1242. 25 Okay? 440 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055864 1 And as far as these being way out in the 2 environment, or something of that sort, I didn't 3 know, as I testified earlier, exactly where those 4 were. But I can answer the question as I have 5 answered it and as I wrote in the memo. 6 Q. Okay. Well, in fact what you did was you 7 recommended that samples be taken further down 8 Snow Creek, down Choccolocco Creek and even from 9 the Coosa River if necessary, correct? 10 A. That is what the memo says and that is 11 correct. 12 Q. And in fact your recommendation was 13 followed and samples were taken eventually from 14 further away from the plant, correct? 15 A. My recommendation was considered and 16 agreed to; and yes, samples were taken further 17 from the plant. 18 Q. And when those samples were taken, 19 Monsanto PCBs were found to be present in 20 environmental samples taken downstream from the 21 Monsanto Anniston plant, correct? 22 A. Are you talking about a document that 23 you have you want to show me? 24 Q. I'm just talking in general right now. 25 There are actually a lot of those documents that 441 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055865 1 we can go through, but I'm asking you a general 2 question right now based on your recollection. 3 A. Yes. The answer to this, yes, 4 eventually PCBs were found to be ubiquitous at 5 levels. And I wouldn't recommend going further 6 away from the plant if I didn't think we were 7 going to find them necessarily. But yes. 8 Q. Now -- okay. You answered -- you, the 9 Monsanto plant, the intention -- and I think we 10 talked about this a little bit yesterday -- the 11 intention was for the Monsanto plant to develop 12 their own capacity to do the kind of analysis that 13 you were doing in St. Louis, correct? 14 A. Yes. 15 Q. And the document that I have just handed 16 you is a memo to you from G. W. Miller in Anniston 17 dated January 7, 1969, and it is DSW 013946, 18 correct? 19 A. Yes, it is. It is a memo from Gerry 20 Miller about when we talked earlier asking us to 21 show him how to do it. 22 Q. All right. And he indicated, the first 23 sentence says -- well, why don't you read the 24 first sentence? 25 A. Okay. 442 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055866 1 Q. Out loud, if you would. 2 A. Just the first sentence or the first 3 paragraph? 4 Q. I would prefer just the first sentence 5 for the time being for the interests of time. But 6 if you want to read the entire paragraph and you 7 feel it is important to do so, please do so. 8 A. Okay, I think it probably is. It 9 probably adds to the context. 10 Q. Okay. 11 A. "The Anniston plant needs to be on 12 stream with trace Aroclor analysis by February 15 13 if at all possible. To meet this target date, 14 there are several actions which must be completed 15 at time intervals one to three weeks in advance. 16 The longest known delivery time is for a Hewlett 17 Packard 5750 with two high nickel 63 detectors. 18 This delivery has been quoted at six to eight 19 weeks; however, there is a fair chance, pending 20 immediate project approval by Bill Kuhn, that we 21 can receive by February 15 - 22." 22 Q. Is that the first paragraph? 23 A. Yes, sir, it is. 24 Q. Do you know when that equipment was 25 ordered? 443 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055867 1 A. No. 2 Q. The next paragraph talks about training 3 the technician and talks about the best way to do 4 that generally is to send a technician to 5 St. Louis to get on-the-job training and 6 experience by working alongside your technician? 7 Do you see that? 8 A. (Witness peruses document.) Yes. It 9 actually says, "by working alongside our 10 technicians," rather than "a technician." But 11 yes. 12 Q. All right. And then he also asks you to 13 provide a list of the equipment necessary to get 14 the lab rolling generally, correct? 15 A. Yes. He asks for us to provide a 16 complete list of the equipment that he will 17 require to do PCB analysis in environmental 18 samples at Anniston. 19 Q. And when does he say the lab needs to be 20 up and rolling? 21 A. He says actually that he wants them on 22 stream -- 23 Q. On stream, okay. 24 A. -- rather than up and rolling. But it 25 is by February 15th, and that's in the first 444 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055868 1 sentence. 2 Q. All right. Let me show you another 3 document, and this one is dated February 16, 1970. 4 Which is a little bit more than a year later. And 5 for the record, that is DSW 013804. 6 A. You have shown it to me. Do you want me 7 to read it? I'm happy to do so, but you have been 8 reluctant to have me read things for some reason. 9 Q. No, no, I would rather you read them, 10 frankly. 11 A. Okay, then I'll read it. 12 Q. But sometimes we have problems. What I 13 would like for you to do, Dr. Tucker, is tell me 14 what that document that I have just handed you 15 generally is. 16 A. (Witness peruses document.) Well, it 17 appears to be a progress report for the TSD, 18 Technical Service Department, at Anniston, 19 Alabama. It has a job number on it which is what 20 they charge to. It is report Number 1 and it's 21 dated February 16, 1970. And the title of it is, 22 a, "Work Plan for Identifying and Quantifying PCB 23 Losses at Anniston." 24 Q. All right. And it is written and signed 25 by Mr. E. G. Wright, who I believe you mentioned 445 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055869 1 yesterday you met at least a few times, correct? 2 A. Yes, Technical Services Department. 3 Q. Okay. Now does it appear to you - 4 well, let me just ask you to read the paragraph 5 where I have my finger here. Beginning with 6 "Equipment H 7 A. That' s the fourth paragraph - 8 Q. Yes. 9 A. -- in the summary 10 Q. Yes. 11 A. One, two, three, four. Okay. 12 "Equipment is presently on order to 13 provide an 'Aroclor-free' lab and also to provide 14 the necessary analytical instrumentation." 15 And I should have started that with a 16 quote; I'm sorry I did not. 17 "Present estimates are that the," quote, 18 "'Aroclor-free,'" end quotation, "lab will be 19 installed by May 31, 1970. In the meantime, an 20 off-site lab will be set up. The technician is 21 presently being trained and will spend full time 22 on this work." 23 End of paragraph, end of quotes. 24 Q. Do you know why it took a full year or 25 more, actually more than a full year, from the 446 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055870 1 projected time in the January 7, 1969, memo to get 2 the Anniston lab on stream? 3 A. No. Perhaps it was difficult. 4 MR. PRAUSE: Object to the form of the 5 question. 6 Q. All right. You don't have a 7 recollection of why it took so long? 8 A. No, I don't have any specific 9 recollection. 10 Q. All right. Now one of the things that 11 we mentioned that you were tasked to do in July of 12 '68 was to gather the literature, correct? 13 Whatever literature existed relating to the 14 analysis of PCBs and the environmental samples? 15 A. The task was to review the literature to 16 see what existed and to put it together and to act 17 as a focal point for other kinds of literature 18 that were important to analytical aspects of it 19 and that other people on the project received. 20 Q. And in order to do that, obviously you 21 had to gather the literature and review it and 22 keep diligent about what literature appeared, 23 correct? 24 A. Absolutely diligent, there's no question 25 about that. Is there a reason? 447 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055871 1 Q. Yes, let me hand you - 2 A. I mean the diligence? 3 Q. -- let me hand you a memo dated 4 January 30, 1969. It is from you to Mr. Dave Wood 5 in Belgium. And would you read the Bates number 6 down there at the bottom? 7 A. It's MONS 097058. 8 Q. All right. 9 A. Do you want me to read it to myself or 10 out loud, or what do you want me to do with it? 11 Q. Let me see it. Yes, would you read it 12 out loud? 13 A. Out loud, okay. 14 Q. It's brief and only two paragraphs - 15 A. It is -- 16 Q. What are you asking Mr. Wood to do? 17 A. It is from E. Scott Tucker, Applied 18 Sciences Section, R&D Laboratories. That's me. 19 It's written or at least this memo was produced on 20 January 30, 1969. The title is, "Chlorinated 21 Biphenyl in Wildlife"; and it has carboned in R. 22 E. Keller, W. R. Richard and E. Wheeler. It's 23 written to Dave Wood, who is in Brussels, Belgium. 24 This is not my copy because I can 25 recognize the "Aroclor FF," which is a file copy. 448 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055872 "Would you please bring us up to date," this is guote, "Would you please bring us up to date on chlorinated biphenyl in wildlife. More activity is going on in the States. We have some analytical work and some biological work under way to see if Aroclor is really present. "Has Baeyer, Progil and Kuhlman done any identification work? Has Jensen confirmed his initial publication? What chlorinated biphenyl isomers did we actually supply Jensen? Did Jensen ever forward any more analytical data or details to you? "E. Scott Tucker." Q. And what was that dated again? A. January 30, 1969. Q. All right. Let me hand you what I believe is his reply dated February 4, 1969. A. Are these documents that I saw earlier -- Q. Yes, sir. A. -- in preparing for this? Q. Yes, sir. A. Okay, because I didn't -Q. These are all from the documents that you reviewed 449 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055873 1 A. That's fine, I just wanted to make sure. 2 Okay. 3 Q. This is dated MONS -- I mean Bates 4 numbered MONS 096517. And again it is Mr. Wood's 5 reply to you dated the 4th of February, 1969? 6 A. That's correct. It's D. Wood from 7 Brussels. 4th February, 1969. Again the 8 carbonees are Keller, Richard, Wheeler. Again, 9 it's titled, "chlorinated Biphenyl in Wildlife 10 DW/ec -- DW/ec is a reference which I don't 11 understand. 12 Q. Okay. Would you read the text of his 13 response to your request? 14 A. Okay. The memo is to me. 15 Q. Yes. 16 A. "Thank you for your memo dated 17 January 30th." I'm sorry. Quote: 18 "Thank you for your memo dated 19 January 30th. At the time that Jensen in Sweden 20 first published his assertions about the presence 21 of Aroclor in wildlife we met with him and 22 discussed his work. As a result of these 23 discussions he admitted that possibly some of his 24 conclusions regarding the hazards associated with 25 chlorinated biphenyl that he had found were 450 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055874 1 published out of proportion. I don't think at 2 that time the question that he had in actual fact 3 found chlorinated biphenyl in the sea eagles' 4 livers but questioned his incorrect quotation of 5 certain medical information. Since he had an 6 appreciation -- Since he had appreciated this 7 point we let the matter rest, not wanting to stir 8 up further agitation in other countries. There 9 was -- There has been little more happening in 10 Europe until about a month ago, when an article 11 appeared in a Danish newspaper discussing Jensen's 12 work. We are trying to find out at the present 13 time whether this covers new work or whether it is 14 merely a rehash of his original paper. As such 15 time as we get further data we will certainly let 16 you have this. 17 "Best wishes, D. Wood." 18 Q. Now I actually got out of chronological 19 sequence. Let me hand you another memo and we'll 20 leave these two here for the moment. This one is 21 dated January 16th, 1969. And it is MONS 097836. 22 And, Dr. Tucker, is that a memo to you 23 from Elmer Wheeler at the Medical Department? 24 A. Yes, it is. 25 Q. Okay. And it references a discussion - 451 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055875 1 well, would you read the text of the memo, please? 2 A. Yes, I would. Quote: 3 "Yesterday we mentioned again that the 4 Swedish work by Widmark had not, had not been 5 published. I find in the lithograph for the paper 6 which Risebrough is publishing shortly this 7 comment -- 'Considerable effort has been made to 8 identify unknown peaks present in the 9 chromatograms but these attempts were unsuccessful 10 until the reports appeared from Sweden (22,23) and 11 Great Britain (24) identifying polychlorinated 12 biphenyls in European wildlife." 13 The biography shows the references to 14 be, and then it lists, "22. Jensen, S., New 15 Scientist 32, 612, (1966). 16 "23. Widmark, G, General Association 17 Official Analytical Chemists 50, 1069 (1967). 18 "24. Holmes, D. C., and Simmons, J. H. 19 and Tatton, three initials, Nature 216, 227. " 20 I, I can't read this sentence. Can you? 21 Q. I am not sure we have copies of 22 and 22 23. I know I don't. 23 That's the way I read it. Does it 24 appear to be that way to you? 25 A. Yes. I would concur with that. 452 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055876 1 Q. Okay. 2 A. Although the copy is difficult to read. 3 Q. The copy is difficult to read. 4 A. Okay. 5 Q. Let me, I want to put this in context. 6 We talked a while ago about a meeting that you had 7 with Mr. Wheeler in Washington where you received 8 a prepublication copy of Dr. Risebrough's paper? 9 A. That is correct. 10 Q. Correct? And here he is apparently 11 referring to a discussion that you had with him 12 the day before this memo, which would have been 13 January 15, 1969, where you and he mentioned that 14 the Swedish work by Widmark had not been 15 published. Is that a fair interpretation? 16 A. Yes. 17 Q. All right. And he apparently after that 18 conversation reviewed the Risebrough paper and 19 found three references and sets those out, 20 correct? 21 A. That's correct. 22 Q. Okay. And he said he didn't, he said, 23 "I'm not sure we have copies of 22 and 23. I know 24 I don't." And 22 and 23 were, 22 was by Jensen in 25 New Scientist and 23 was Widmark in the Journal 453 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055877 1 of, well, what journal was 23 in? 2 A. JOAC, Journal of the Association of 3 Official Analytical -- well, Analytical -- Journal 4 of the Association of Official Analytical 5 Chemists, yes. 6 Q. All right. And so it was after you 7 received this memo on January 16th you wrote your 8 memo to Dave Wood on January 30th, 1969, asking 9 him for an update on anything that -- after 10 Jensen's -- well, asking him, quote, "Has Jensen 11 confirmed his initial publication what chlorinated 12 biphenyl isomers did we actually supply him," et 13 cetera. Correct? 14 A. That's correct. 15 Q. All right. And then it was in response 16 to that that he wrote back to you in his memo of 17 February 4th, 1969. Correct? 18 A. Yes. That's the -19 Q. Okay. 20 A. -- an accurate summary representation of 21 the three documents. 22 Q. Okay. 23 A. Is there a question, or? 24 I'll wait. 25 Q. In, let me hand you DSW 147840 and ask 454 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055878 1 you if you can briefly tell me what that is. 2 A. It's a memo; and it is written by me to 3 Elmer Wheeler; and it was written on February 25, 4 1969, which is confirmed in the upper right-hand 5 corner by a date stamp of the 27th, which is I 6 assume when Elmer received it. 7 It's written, "Aroclor - Wildlife 8 Publication of Widmark's Paper." The carbonees 9 are Richard, Bergen, E. Keller, Johnson, Paton, 10 Wells and Kelly. And it's to Elmer, as I said. 11 And it's -- do you want me to read it? 12 Q. Yes. 13 A. Quote: "I finally received Xeroxes of 14 CRC library -- from the CRC," from, excuse me, I'm 15 sorry. Quote: "I finally received Xeroxes from 16 the CRD library of the articles discussed in 17 Risebrough's bibliography. The only thing new was 18 the JAOAC publication and it's just a rehash of 19 the LKB release. Included is a copy of it. They 20 are still making reference to an 'in press' 21 article in Acta. Chem. Scand. I have checked Acta. 22 Chem. Scand. Volumes 1-10, 1967 and our library's 23 most recent issues, Volumes 1-7, 1968 and there 24 are no publications on PCB by Jensen and/or 25 Widmark. I will keep checking as more current 455 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055879 1 issues become available." 2 And it's signed, "E. Scott Tucker." Or 3 it is actually signed "Scott" with "E. Scott 4 Tucker" underneath it. 5 Q. Do you know why it took until 6 February 25, 1969, for you to receive the articles 7 discussed in Dr. Risebrough's biography? 8 A. You're posing your hand on the 9 January 16, 1969, memo and your other hand on the 10 February 25, 1969 memo, which is 24 days? 11 Q. No. What I'm asking you is - 12 A. It didn't take very long according to 13 this, but. 14 Q. Well, we know that you got a version of 15 the Risebrough paper in October of 1968, correct? 16 A. That's correct. 17 Q. And - 18 A. Actually, was it October 1968? 19 Q. Yes, it was October 1968. 20 A. And that's in that memo with regard to 21 Spencer? 22 Q. Yes. And doctor -- or, I say doctor, 23 Mr. Wheeler is indicating that he at least doesn't 24 have the first two of the referenced articles, one 25 of which has a publication date of '66 and the 456 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055880 1 other has a publication date of '67. 2 And you finally or you write back to him 3 more than a month later and tell him that you 4 finally received the references from the 5 Risebrough article. Correct so far? 6 A. Yes, sir. 7 Q. Okay. Why did you not have a copy of 8 the Jensen and the Widmark published works until 9 February 25, 1969? 10 A. Probably because it was 33 years ago and 11 things didn't happen as fast as they do today. 12 And a lot of times when we wanted copies of 13 something we had to ask our library to make 14 arrangements to get them. And some of the 15 journals that we're talking about here were not 16 necessarily, like New Scientist and things of that 17 sort, weren't widely published outside the 18 countries and/or origins, things of that sort. 19 So things operated on a different -- a 20 rapid for that time but certainly at a different 21 pace that today. 22 Q. When you -23 A. And so the answer to your question that 24 I could provide, and I'm trying to -- my 25 assumption is, is that we were working as 457 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055881 1 expeditiously as we could 33 years ago. 2 Q. Okay. And you knew in July of 1968 3 about Jensen and Widmark's work first, correct? 4 A. Right. But I don't know the source of 5 how I knew about it. It could have been the LKB 6 press release from the publicity department. 7 Q. And you knew that you needed to scour 8 the scientific literature to find articles about 9 the detection of PCB in wildlife, correct? 10 A. That's correct. 11 Q. And Dr. Risebrough at least found those 12 articles because he referenced them in his paper 13 as early as October of 1968, correct? 14 A. That's incorrect. 15 Q. Okay. Dr. Risebrough found the articles 16 and referenced them in his paper, correct? 17 A. Correct. 18 Q. And you didn't get around to getting a 19 copy of them until February of 1969? 20 MR. PRAUSE: Object to the form of the 21 question. 22 A. Incorrect. 23 Q. Okay. 24 A. I was unable to get a copy until the 25 dates here. 458 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055882 1 Q. All right. 2 A. The prepublication copies or verbal 3 communications and things of that sort that 4 occurred between Risebrough and perhaps between 5 Widmark and Jensen and those kind of folks were 6 not, I wasn't in that particular loop. 7 And again, I'm going to tell that you 8 obtaining original copies of journals in those 9 days was nowhere near like it is today. And so I 10 would remind you that it was 33 years ago; and I 11 indeed did scour the literature and I did indeed 12 do it in a timely fashion 33 years ago. 13 Q. So in your opinion, taking six months to 14 get journal articles that were published in 1966 15 and 1967 -- I said six months, from July 18th to 16 February 25th, that's seven months. In your 17 opinion, taking seven months to get those 18 references was a timely manner? 19 A. I believe that's what I have stated. 20 MR. WRIGHT: All right. We can take a 21 break now if you would like? 22 MR. PRAUSE: That's fine with me. 23 THE VIDEOGRAPHER: Off the record at 24 2:57. 25 (Recess taken.) 459 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055883 1 (Deposition Exhibit No. 19 marked for 2 identification.) 3 THE VIDEOGRAPHER: This is tape number 4 six, deposition of Dr. Tucker. We're on the 5 record at 3:11. 6 BY MR. WRIGHT: 7 Q. Dr. Tucker, I'm going to hand you what 8 we have marked as Plaintiffs' Exhibit No. 19. And 9 again, it is a document that you have seen before 10 but it was not in the materials that were provided 11 to you prior to your deposition in this case. 12 And let me just represent to you that it 13 was Exhibit No. 353 to your deposition in the 14 TransWestern case. 15 Does that appear to be correct? 16 A. It says on the bottom of it, 17 "Plaintiff's Exhibit No. 353 Tucker." 18 Q. All right. And it is a memo from Elmer 19 Wheeler to W. R. Richard dated April 8, 1969, 20 entitled, "Aroclor Degradation in Soil." And a 21 copy shows that it went to you, correct? 22 A. Yes. 23 Q. All right. Now the question of whether 24 Aroclors degrade in the environment was one of the 25 questions that you and others at Monsanto were 460 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055884 1 trying to answer, correct? 2 A. Yes. 3 Q. And that was an important question to 4 Monsanto because, again, it related to the 5 question of environmental persistence of 6 Monsanto's products, correct? 7 A. Ultimately that was an important reason 8 for it. Initially that was not the important 9 reason for it. 10 Q. Okay. In the '69 time frame was that an 11 important reason for the -- 12 A. Not as important -- 13 Q. -- inquiry? 14 A. -- as the other reason that I alluded 15 to. 16 Q. Which was what? 17 A. The other reason was is that in 18 environmental samples Aroclors per se were not 19 being seen. As a matter of fact, the fingerprints 20 that were being seen weren't even in any, way, 21 shape or form related to the products. 22 And so the question was, is, "Okay, mass 23 spec wise these are PCBs, where are they coming 24 from?" 25 So one of the things, the suppositions 461 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055885 1 that was put forth, was that perhaps the Aroclors 2 and/or PCBs manufactured by other people in Europe 3 or wherever were being degraded either physically, 4 chemically or biologically in the environment and 5 perhaps this would explain why only certain 6 isomers and certain peaks were being, were being 7 seen and why, if these were really Aroclors, where 8 were the other ones? 9 Q. Okay. One question that you and others 10 at Monsanto and others around the world were 11 trying to determine was the amount to which or the 12 extent to which PCBs persisted in the environment, 13 correct? 14 A. Ultimately that became an objective, 15 yes. 16 Q. All right. In 1969, in April of 1969, 17 was Monsanto interested in finding out whether 18 Aroclors degraded in the natural environment or 19 not? 20 A. Yes. And the reason that I stated - 21 and perhaps I didn't state it well enough for you 22 to understand -- was that what was being seen in 23 environmental samples were not fingerprints and/or 24 duplicates of the products manufactured by the 25 various people in the States. 462 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055886 1 And so what was being asked was why 2 aren't they that way if they are from these 3 products? And so we were interested in finding 4 out what the effects of chemical, physical and 5 biological degradation were on these materials. 6 Q. And so this - 7 A. And I believe that -8 Q. -- that memo that you have in your hand 9 relates to one of the efforts that was made to 10 determine the fate of Aroclors that were in the 11 environment for a long time, correct? 12 A. No. 13 Q. Okay. Would you read the text of the 14 exhibit that you have in your hand, doctor? 15 A. Your question to me is, was this a 16 experimental and/or scientific effort to establish 17 the degradability of PCBs; is that correct? 18 Q. No, that wasn't my question. 19 A. Okay. 20 Q. 21 Let me ask it again? 22 A. Then state your question in a fashion I 23 can understand it, please. 24 Q. Okay. What this memo generally says is 25 that it came to Elmer Wheeler's attention through 463 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055887 1 a gentleman named Marsh Magner at Monsanto that 2 several Aroclors were applied to soil in test 3 plots at the University of Florida. And he says, 4 Gainesboro, but we know that's Gainesville, 5 Florida, on the 28th day of June, 1939. And I'm 6 going to read from the memo now, quote: 7 "The application was to determine 8 possible termite proofing value of the Aroclors. 9 Marsh believes that the test plots are still 10 undisturbed and that he can locate them from plot 11 maps which he has in his files." 12 Did I summarize and read the first 13 paragraph correctly? 14 A. Yes. 15 Q. Okay. So it came to your attention in 16 about April of 1969 that there were some 17 30-year-old test plots down in Florida that 18 Monsanto might be able to take samples from and 19 that might give Monsanto information relating to 20 the extent and the fate of -- the extent Aroclors 21 persist in the environment and what happens to 22 them? Is that fair or not fair? 23 A. No, it is unfair. 24 Q. All right. Okay. 25 A. And you yourself stated that the reason 464 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055888 1 the experiment was done was to evaluate termite 2 proofing. 3 Q. Yeah. The reason the experiment -4 A. And I could explain to you why it is not 5 fair if you want an expert to explain it to you. 6 If you don't want to pursue it any further, that's 7 fine with me, too. 8 Q. Well, there's other documents that we're 9 going to talk about that relate to this subject. 10 The only thing that I'm trying to 11 establish here is that, first of all, you and the 12 others that are listed as recipients on this 13 document became aware in April of 1969 that 14 Aroclors 1242, 1248 and 1254 had been placed in 15 test plots in Florida and might still be there. 16 Is that fair? 17 A. Yes. 18 Q. Okay. And you also knew from the fourth 19 paragraph that Mr. Magner had reason to look at 20 some of these sample plots in June of 1963 and 21 recalls that in some instances there were still 22 visual evidence of the presence of Aroclor, 23 correct? 24 A. That is what the fourth paragraph of 25 this letter states, yes. 465 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055889 1 Q. All right. 2 A. And that's where I knew of that. 3 Q. Okay. And then the fifth paragraph 4 states Mr. Wheeler states that he believes "we 5 should consider asking Marsh to look into the 6 possibility of obtaining samples of these plots 7 for measurement of loss or, " quote, 8 "'degradation.'" Close quote. 9 Is that correct? 10 A. That's a correct reading of that 11 paragraph, sir. 12 Q. All right, and -13 A. Elmer Wheeler believed that. 14 Q. All right. And then Elmer Wheeler said 15 in the final paragraph, "I never would have 16 suspected that we might come across such a 17 situation where we may be able to obtain data on 18 actual aging of Aroclors in soil. Thirty years of 19 exposure might be much more valuable than any 20 accelerated test that could be devised." Correct? 21 A. The reading is correct. The thought and 22 the intent is incorrect from a scientific 23 viewpoint. 24 Q. All right. But nevertheless, samples 25 were gathered, correct? 466 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055890 1 A. Yes. 2 Q. And I don't believe this is an exhibit 3 or this is one part of Exhibit No. 4, so I'm going 4 to go ahead and mark it. But I may be incorrect 5 about that assumption. 6 (Deposition Exhibit No. 20 marked for 7 identification.) 8 Q. Let me hand you Plaintiffs' Exhibit 20 9 and ask you, first of all, to briefly say what it 10 is. 11 A. Monthly summary. 12 Q. Actually, to be honest, before I ask you 13 to do that -- 14 A. Okay. (Laughter) But briefly, of 15 course. 16 Q. --so that we don't get out of 17 chronological order again, I'm going to ask you to 18 look at what I believe is a part of Exhibit No. 4, 19 and it is DSW 006369. And ask you, why don't you 20 take a minute to look at that. 21 A. (Witness peruses document.) 22 Okay I have looked at it. And it is I 23 believe -- 24 Q. Yes. 25 A. -- a part of the larger exhibit -- 467 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055891 1 Q. I just confirmed it. 2 A. -- I looked at earlier. 3 Q. I have just confirmed that, it is a part 4 of that. 5 A. Well, we agree on that. 6 Q. And basically the gist of that is that 7 samples were taken; they did find the plots; they 8 did take samples; they described how they took the 9 samples, and the samples were sent to you and 10 Dr. Keller at the Queeny Plant, correct? 11 A. That is correct. And it also I believe 12 at that time they also provided information 13 relative to how the, the poison termite test plots 14 were established. 15 Q. Yes. 16 A. And how the Aroclors were put in the, in 17 the test plot. Which is particularly important 18 relative to the question you're asking me. 19 Q. Yes. And in fact, there is attached a 20 handwritten -- actually, let me hand you this. 21 This is one of the ones we have two copies of. 22 There's some handwritten information 23 attached as the third page, and it is numbered DSW 24 006371, correct? 25 A. You're asking me to check the, what is 468 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055892 it, the Bates number at the front? 006369 is the front one. What's the other one you want me to check? Q. The page number I want you to look at is 71. A. Okay. 006371. Q. Yes. And that's a handwritten page that you alluded to a moment ago is entitled - A. No, I don't think it is. The handwritten page -- or the information or the report was prepared on 6/28/39 by Ira Hatfield Is that this? Q. That's not handwritten? A. Well, but I mean I'm just looking at the dates. Q. Yeah. What I'm saying is it is attached, at least the way that it was -- A. It is attached to this copy, yes. Q. Yeah, the way it was presented to you and the way it was presented to me -- A. Okay. There was a report that described how the test plot was prepared initially, not just how it was sampled, and how the Aroclors and other things being tested were introduced into the test plots to prevent termites from or to see how they, 469 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055893 1 how much they inhibited termites. That's what I'm 2 talking about. 3 Q. Okay. 4 A. And the 62839 document you believe is 5 this page here? 6 Q. Oh, I don't know. All I'm saying is - 7 A. Well, I don't know either. That's not a 8 rhetorical question. If I knew the answer, I 9 would just say so. 10 Q. Okay. The handwritten page that we are 11 looking at which is attached to this two-paged 12 memo about taking the samples is entitled, "Soil 13 Poison Plots, Gainesville, Florida." And it says 14 "Installed 9/21 to 10/12/38." 15 A. Correct. And it also states that these 16 is what happened on May 26, 1969. 17 Q. Okay. 18 A. And what I'm saying is, is that the 19 reference in the memo itself is to a report 20 written 6/28/1939. And in the 1939 report it 21 describes in detail how the test plot was prepared 22 and how to Aroclors were put into the test plot. 23 Q. Do you remember seeing that? 24 A. I recall seeing a rendition of it or 25 seeing it, yes. 470 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055894 1 Q. Okay. Then let me turn your attention 2 to - 3 A. So the 6/28/39 report is not attached to 4 this, right? 5 Q. Yeah. If you say so. If you say -- 6 A. No, no , not just my opinion. 7 Q. I understand. 8 A. If it is, show it to me, please. 9 Q. No, no , no. All that's there is there 10 A. Yeah, okay. 11 Q. And I don' t know what it is. 12 A. Okay. I do know what it is. 13 Q. Okay. 14 A. And it is a report that showed how the 15 plot was prepared. And it is important to 16 understand that to understand why no degradation 17 was seen. 18 Q. Hang on a second, you're way ahead of me 19 right now, okay? I object, nonresponsive. 20 A. Okay, nonresponsive. 21 Q. Let me walk through - 22 A. But am I right in saying that what you 23 are showing me doesn't have what it says is 24 attached to it? 25 Q. I don't know if the answer - 471 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055895 A. Okay. Q. And so I'm going to ask the question and then you can tell me. Okay? A. Okay. Q. What I have shown you, which is what was in the documents that you reviewed in preparation for the deposition - A. And that's the copy that was in the document that I reviewed. Q. This is the copy that was in the documents that you reviewed, okay? A. Okay. Q. And it is a four-, there are four pages stapled together, correct? A. In this document that you are showing me -- Q. Yes. A. -- yes, there are four pages stapled together and the Bates numbers are in order, are they not? They are 69, 70, 71, 72. Q. Yes, they are sequential. The Bates numbers on the copies that you and I both have is DSW 006369 through DSW 006372? A. Yes, sir. Q. Okay. The first two pages are a memo to 472 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055896 1 Robert Keller, your boss, from Marsh, well, J. M. 2 Magner, okay? 3 A. Uh-huh, Marsh Magner. 4 Q. And it states how he took samples from 5 the plots that he indicated earlier he thought he 6 could find, and apparently he believes he did 7 find? 8 A. It documents how he took the samples and 9 when he took the samples and that he took the 10 samples and acts as a very good chain of custody. 11 Q. And you have pointed out that this memo 12 references background information on the plots. 13 And he indicates that he is attaching a memo or 14 actually a report prepared in June of 1939 by Ira 15 Hatfield that states in detail the establishment 16 of the test plots from which the soil samples were 17 removed? 18 A. Correct. 19 Q. Okay. And when we turn the pages we see 20 some handwritten -- we see two -- we actually see, 21 well, they are both handwritten. We see two 22 handwritten pages. 23 What you are telling me is, is that 24 these handwritten pages are relating to 25 Mr. Magner's gathering of the samples in 1969 and 473 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055897 1 this is not the report explaining how the poison 2 plots were first put down? 3 A. Yes, sir. 4 Q. Okay. So apparently some time in the 5 past these two documents or the original 6 attachment has gotten separated, apparently. 7 A. Yes, sir. 8 Q. Okay. You recall, however, that you 9 either saw the original attachment or received a 10 explanation of it? 11 A. Yes. 12 Q. That's correct? Okay. Now those 13 samples were gathered in May of '69 and were 14 apparently transmitted to you all in July of '69? 15 Is that about right? 16 A. The time frame established by this memo 17 would -- that would be a scenario that would fit 18 it so it is correct as far as the memo is 19 concerned, I guess. 20 Q. Well, actually I misspoke. I believe 21 the samples were probably provided to you in May 22 or June because we have Exhibit No. 20, which is 23 the monthly summary of Aroclor wildlife May 1969 24 analytical studies. And this is from you to R. E. 25 Keller, correct? 474 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055898 1 A. Yes, sir. 2 Q. And it is dated June 24, 1969, correct? 3 A. Yes. 4 Q. And the last paragraph of this first 5 page references, "Forty-five Aroclor-treated soil 6 samples, from a Florida test plot, have been 7 provided by the Agricultural Division. The 8 Aroclor was placed in these plots in 1938. We 9 will attempt to determine the degradation, if any, 10 which has occurred in the past 30 years." 11 A. And I think -12 Q. Did I read it correctly , first? 13 A. You read it accurately. 14 Q. Okay. And that's what you wrote back 15 June of '69, correct? 16 A. It is, yes, sir. 17 Q. Okay. And then at some point you 18 actually ran those samples, correct? 19 A. Yes, sir. 20 Q. Let me hand you what I believe are some 21 of the results, and that's DSW document 006368. 22 And it is another memo from you, this time to W. 23 B. Papageorge; and it is dated September 15, 1970, 24 correct? 25 A. Correct. 475 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055899 1 Q. And it is entitled or the subject of it 2 is, "PCB Analysis of Florida Soil, " correct? 3 A. Yes, sir. 4 Q. And would you read -- well, would you 5 read the third and fourth paragraph, which is 6 Mr. Magner's description of how they were put down 7 and then what your results were? 8 A. Sure, I would be happy to. Quote: 9 "Marsh Magner's description of how the 10 material was applied to the soil is as follows. A 11 hole approximately 15 inches in diameter and 12 16 inches deep was dug and after the walls were 13 sprayed with a solution of Aroclor 1242 the soil 14 was then replaced incrementally spraying each 15 layer as it was added. When the hole was 16 completely filled the remaining Aroclor 1242 17 solution was poured on top, a total of 4 ounces of 18 Aroclor being applied." 19 Next paragraph: "From the above 20 dimensions, knowing the specific gravity of the 21 sand (1.6 grams per cubic centimeter) and Aroclor 22 (1.39 grams per cubic centimeter), it can be 23 calculated that the average concentration of the 24 Aroclor in the sand should be roughly 2200 parts 25 per million on a weight/weight basis. The average 476 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055900 1 of the amounts found in the first 6 inches and six 2 through 16-inch samples is approximately 1700 3 which is very close to the original amount applied 4 considering, the variables." 5 Signed, "E. S. Tucker." 6 Q. And that is specifically related to 7 Aroclor 1242, correct? 8 A. Yes. 9 Q. There were other samples that related to 10 the other Aroclors 1254 and 1258 and the other 11 ones that were referenced, correct? 12 A. As indicated by the earlier memo, yes. 13 Q. But do you recall that at this period in 14 time there was a great deal of concern about 15 whether Aroclor 1242 was, quote, "biodegradable," 16 close quote? 17 A. I think there was concern about whether 18 any and all were biodegradable. We were studying 19 the biodegradability of the materials. 20 Q. Do you remember there being a particular 21 concern about Aroclor 1242? 22 A. No. 23 Q. Okay. In all fairness, Dr. Tucker, do 24 you not recall that you determined pretty quickly 25 that all of the Aroclors above 1242 were not what 477 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055901 1 you would normally call biodegradable, that they 2 had a great deal of persistence in the 3 environment? 4 MR. PRAUSE: Object to the form of the 5 question. 6 Q. Will you agree that that's a fair 7 summary of what was - 8 A. No. 9 Q. -- relatively quickly learned? 10 MR. PRAUSE: Object to the form of the 11 question. 12 A. No. 13 Q. After, after it became determined that 14 the higher chlorinated Aroclors or the Aroclors 15 with predominately higher chlorinated isomers were 16 not biodegradable, there became a question that 17 became of great interest to Monsanto as to whether 18 Aroclor 1242 would fall in the category of the 19 nonbiodegradable Aroclors or that you could show 20 that it degraded in the environment so that it 21 could keep being used? Is that not a fair summary 22 of Monsanto's concern? 23 MR. PRAUSE: Object to the form of the 24 question. 25 A. Boy, repeat the question. 478 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055902 1 Q. Could you read it back, ma'am. 2 (Record read.) 3 MR. PRAUSE: Note my objection again to 4 the form of the question. 5 A. The initial concern was to determine if 6 and what portions of PCBs were or were not 7 biodegradable and to develop the techniques to do 8 so. 9 We did that and did it in a manner that 10 was scientifically acceptable and published the 11 information in peer review journals and everybody 12 agrees to that fact. 13 It did become important at that time as 14 to the fact that some of the lower chlorinated 15 biphenyls isomers were relatively rapidly 16 degraded; and in essence, that information 17 explained to a certain degree why we were only 18 seeing higher chlorinated ones for example, 19 octachlorobiphenyl. And there's only two above 20 that, the 9 and the 10, in environmental samples. 21 So the question did become at some point 22 in time was Aroclor 1242 biodegradable and how 23 much? And that question was answered and the 24 information was published and shared with 25 everybody. 479 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055903 1 Q. And part of the information that was 2 availability regarding whether or not Aroclor 1242 3 degraded in the natural environment was the 4 analysis of the Florida soil that you did in some 5 time before September 15 of 1970? 6 A. Absolutely not. 7 Q. Your testimony -8 A. And I can explain that. 9 Q. Your testimony is that this memo that we 10 just went through where you said that the amounts 11 found in the first six and 16-inch samples is 12 "fairly close to the original amount applied 13 considering the variables," gave no information on 14 whether Aroclor 1242 persisted in the natural 15 environment over -16 A. That is correct. 17 Q. --a long period of time? 18 A. That is correct. 19 Q. Okay. 20 A. That was, one, not a natural 21 environment. And early to everybody concerned in 22 the monthly summary on June 24 I had expressed, 23 "We would attempt the degradation, if any, which 24 has occurred over the past 30 years." 25 It was evident to me with my 480 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055904 1 understanding how the material was applied that 2 there would be no degradation. 3 Q. Okay. Now your testimony is that a 4 forest in Florida that has been undisturbed for 30 5 years is not a natural environment? 6 A. Correct. 7 Q. And gives no data whatsoever - 8 A. With all -9 Q. -- that - 10 A. -- with all due respect, your statement 11 that the forest had not been disturbed in 30 years 12 is incorrect. 13 The initial preparation of the soil and 14 the total impregnation of the soil with pure 15 Aroclors practically and replacing it in the soil 16 was a disturbance of the soil that lasted for 30 17 years and were conditions under which no 18 degradation would occur nor was it intended to 19 occur. 20 Q. Well, the deposition of pure Aroclors in 21 the soil around the Anniston plant, for example, 22 as you found in the sediment, was exactly the same 23 kind of deposition as was in the Florida forest in 24 1938, correct? 25 A. Is that a guestion? 481 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055905 1 Q. Yes. 2 A. Yes. 3 Q. Okay. And so if this did nothing else, 4 this told you that Aroclors deposited in the soil 5 around and downstream from the Anniston plant were 6 going to stay there at least 30 years, correct? 7 MR. PRAUSE: Object to the form of the 8 question. 9 A. Not necessarily. It said that you could 10 put Aroclor in an environmental condition pouring 11 it in the hole -- and mineral oil, too -- and 30 12 years later in sand you would find it. That's all 13 it said. 14 Q. Okay. 15 A. Now what you said may be true but you 16 don't make quantum jumps like that. 17 Q. Now just to refresh your recollection 18 regarding the point that we were talking about a 19 moment ago, let me refer you to what I believe is 20 contained in the documents you reviewed prior to 21 this deposition. And it is pages MONS 034612 to 22 034614. And let me ask you to review that, if you 23 would, sir. 24 First of all, is that a document which 25 was authored by you? 482 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055906 1 A. If you don't mind, let me go ahead and 2 review it and I will be able to answer that 3 question at the same time I answer the other 4 questions. Or do you want me to review that 5 document -6 Q. No. 7 A. -- and try to establish that fact? 8 Q. Go ahead, go ahead and review it and 9 then I'll ask you a series of questions about it. 10 A. (Witness peruses document.) 11 I have finished reviewing the document 12 and I have to answer your earlier question -13 Q. No. 14 A. You don't want your earlier question 15 answered? 16 Q. No, sir. 17 A. Okay, fine. 18 Q. I want to reask the question. 19 MR. PRAUSE: So you are withdrawing the 20 earlier question? 21 MR. WRIGHT: I'm withdrawing it and I'm 22 reasking it. 23 MR. PRAUSE: Okay. 24 MR. WRIGHT: Because I want the record 25 to be clear. 483 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055907 1 MR. PRAUSE: I just don't want it to 2 look like Dr. Tucker hadn't answered a 3 pending question. 4 BY MR. WRIGHT: 5 Q. Dr. Tucker, I'm handing or I have handed 6 you an excerpt from the documents that you 7 reviewed prior to this deposition, MONS 034612 8 through 034614. And you have had an opportunity 9 to review it, correct? 10 A. I reviewed it right now, as a matter of 11 fact, yes. 12 Q. Yes. So it was in the documents that 13 you reviewed prior to this deposition and you just 14 reviewed it again, correct? 15 A. Yes. 16 Q. Okay. And this is a document that you 17 authored, correct? 18 A. It is a document that I authored. 19 Q. And you authored it in approximately 20 November of 1969, correct? 21 A. 11/10/69, correct. 22 Q. And -23 A. It is also labeled "Rough Draft" for the 24 record. 25 Q. Yes. And you discussed what -- and it's 484 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055908 1 entitled, "Aroclor - Wildlife Problem," correct? 2 A. Yes. 3 Q. And the first paragraph reads: 4 "Pollution of our environment by 5 chlorinated hydrocarbons (CHC) has long been a 6 subject of great concern and much attention has 7 been paid to the ecological factors introduced by 8 the wide spread agricultural usage of these 9 chemicals for pest control." 10 That's the end of the first paragraph, 11 right? 12 A. Yes, it is. 13 Q. You talk about environmental samples in 14 the second paragraph and things that are found, 15 correct? 16 A. I talk about the fact that the 17 chlorinated hydrocarbon pesticides appear in the 18 electron capture chromatograms and that, as we 19 have already established, as many as 10 peaks that 20 were unknown also appear, yes. 21 Q. Yes. And then you talk about how in 22 1965 Roburn and co-workers established that these 23 unidentified materials were organo-chlorines, 24 right? 25 A. Organo-chlorine in nature. 485 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055909 1 Q. Yes. And you mentioned that, "In 2 December of 1966 Swedish researchers at the 3 University of Stockholm, Jensen and Widmark, 4 announced that they had succeeded in identifying a 5 series of such peaks as polychlorinated biphenyls, 6 specifically chlorines," or actually you wrote, 7 "C14 - C19, using gas chromatography - mass 8 spectrometric techniques." 9 Did I read that correctly? 10 A. You read it correctly. 11 Q. Okay. Skipping a paragraph, you say, it 12 now, on Page 2 you say, "It now becomes evident 13 that the PCB problem and the CHC pesticide or DDT 14 problem are nearly one and the same." 15 Did you write that? 16 A. I sure did. 17 Q. And then you talk about -- well, why 18 don't you read the next paragraph? 19 A. Quote: 20 "First, it can be said that there is no 21 clear scientific evidence proving that the levels 22 of CHC," which stands for chlorinated 23 hydrocarbons, "being found in our environment can 24 cause a specific amount or kind of harm to human 25 beings. The acute toxicity of these materials is 486 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055910 1 quite clearly defined and documented and is really 2 not the major concern. The major concern is the 3 long range effects of these persistent materials, 4 for it is known that these materials can and do 5 accumulate in increasing quantities in adipose 6 tissues." Adipose means fat, which I'm sure you 7 already know. 8 "Moreover, tests with experimental 9 animals and experience with wildlife in the field 10 have shown that CHC, " chlorinated hydrocarbons, 11 "can affect the reproductive systems of birds and 12 that they are probably responsible for the severe 13 decreases in the population of several species of 14 birds of prey. The immediate extrapolation of 15 these affects to other forms of life including 16 human beings has been carried out orally but not 17 scientifically. Here again, there is no 18 experimental evidence to back up this 19 extrapolation." 20 Period, end of paragraph, end of quote. 21 Q. And just for clarification -- and I know 22 you probably will clarify that more than -- well, 23 let me withdraw that question. 24 Just for clarification, PCBs are a form 25 of chlorinated hydrocarbon, correct? 487 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055911 1 A. Yes. 2 Q. All right. Then - 3 A. Did you want me to clarify as you 4 anticipated (Laughter)? 5 Q. I think you're going to, I think you're 6 going to later on. And so the next paragraph, 7 would you read the next paragraph please. 8 A. Quote: "Based upon the data we and 9 other outside works have generated since our 10 confirmation of the Swedish findings, analogous 11 statements can be made about the higher 12 chlorinated biphenyls, C15, and above." End of 13 quote. 14 Q. I guess in all fairness, doctor, why 15 don't you just go ahead and just read the rest of 16 the, read the rest of the memo? 17 MR. PRAUSE: To himself or outside loud? 18 MR. WRIGHT: Out loud, please. He's 19 already read it to himself. 20 A. Okay. Quote: 21 "The levels of PCB reported are 22 considerably higher in industrial areas than in 23 the more remote areas so far examined. While the 24 amounts being found (part per trillion, part per 25 billion and part per million) do not represent an 488 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055912 1 acute toxicity problem they do represent long 2 range toxicity problems. Again, this is because 3 of the persistent refractory nature of the higher 4 chlorinated biphenyls (C15 and above) combined 5 with their proven ability to interfere with the 6 reproductive abilities of birds and the oral 7 extrapolation to this affect to other forms of 8 life (with the exception of certain sensitive 9 species). 10 "Unfortunately the solution to the 11 problem will initially involve withdrawal of 12 Aroclor 1254 and 1260 from the marketplace. 13 Followed by a concerted effort to prove that 14 Aroclor 1242 is biodegradable. If we can prove 15 that Aroclor 1242 is biodegradable, then with 16 sufficient care the manufacture and use of this 17 material can continue. The clearance of Aroclor 18 1242 will in turn clear materials such as 1221, 19 1232, et cetera, and possibly even Aroclor 1248. 20 "In order to insure that there is no 21 misunderstanding, it should be stressed that the 22 probability of success of these studies is on the 23 order of 75%. It could possibly be that the C14 24 through C19 PCB isomers being found are what is 25 left after Aroclor 1242 has been biodegraded. 489 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055913 1 "So far, the Aroclor 5400 series has not 2 been reported as environmental contaminants. 3 "E. S. Tucker." 4 Q. Now, Dr. Tucker, in all fairness isn't 5 that an accurate summary of the statement that I 6 made earlier, which is that at some point Monsanto 7 came to the conclusion that the higher chlorinated 8 hydrocarbons -- the higher chlorinated PCBs were 9 causing the problems of persistence in the 10 environment and that they were going to have to be 11 withdrawn and that the real question was whether 12 Aroclor 1242 could continue to be used by being 13 shown to be biodegradable? 14 MR. PRAUSE: Object to the form of the 15 question. 16 A. Once the information had been obtained 17 that showed that the higher chlorinated materials 18 were persistent and that they slowly biodegraded 19 and exceeded perhaps the capacity for the 20 environment to handle them at production levels, 21 it was then in turn determined that perhaps the 22 lower chlorinated ones might be acceptable if they 23 were controlled and not released. 24 And so yes, at this point in 25 November 1969, which is a fairly rapid pace from 490 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055914 1 when we started, that was determined. 2 Q. All right. Now moving on to some other 3 studies that you did, I want to ask you, first of 4 all, what are dibenzofurans? 5 A. Dibenzofurans are another group of 6 chlorinated organic -- CHCs, chlorinated 7 hydrocarbons. 8 Q. All right. And are they considered by 9 toxicologists to be far more dangerous even than 10 PCBs ? 11 MR. PRAUSE: Object to the form of the 12 question. 13 A. I would say they have toxic properties 14 that are greater than PCBs. 15 Q. All right. 16 A. "Danger" involves a concept that 17 requires a lot more information than you are 18 talking about right now. 19 Q. Okay. You're aware today and you were 20 aware back when you were doing research for 21 Monsanto that furans were of a much greater level 22 of concern toxicologically than PCBs? Is that 23 fair? 24 A. If you are talking about in 1969, no, it 25 is not fair. I was employed with Monsanto until 491 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055915 1 1978; and during that period of time, that 2 information became available to the general 3 scientific community and so I became aware of it 4 while I worked for Monsanto. 5 I'm not sure it was in 1969 that all 6 toxicological information had been generated 7 because there was few if any toxicological 8 information on long-term effects on any of these 9 constituents. 10 Q. Were you aware in 1970 that 11 dibenzofurans were more of a concern than PCBs? 12 A. I don't know, to be specific with you. 13 I do know that when the information was generated 14 I probably was aware of it and became aware of it. 15 When the toxicologists studied the materials and 16 when they made that information available and it 17 also became available that they were perhaps of 18 interest relative to PCBs, then I probably became 19 aware of the toxic effects of these materials, 20 yes. 21 Q. Can furans be created by burning PCB? 22 MR. PRAUSE: Can we get an agreement 23 that when you say "furans," you're talking 24 about polychlorinated dibenzofurans as 25 opposed to a general class of chemicals? 492 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055916 1 MR. WRIGHT: Yes. 2 THE WITNESS: His point is a reasonable 3 one. But your question to me is? 4 BY MR. WRIGHT: 5 Q. Can furans be created by burning PCBs? 6 A. Yes. 7 Q. All right. And was that ever a concern 8 at Monsanto? 9 A. Was it -- okay. Was it a concern that 10 burning PCBs would produce dibenzofurans. 11 Q. Yes. 12 A. Or was it a concern that PCBs contained 13 dibenzofurans? There's a -- 14 Q. The first is the one I'm asking you 15 right now . I'm going to ask you the second one 16 later. 17 A. Okay. That's fine. 18 Q. The first question is, did it ever 19 become a concern at Monsanto that burning PCBs 20 could create dibenzofurans? 21 A. Yes. 22 Q. Were you asked to perform studies to 23 determine whether burning PCBs could create 24 dibenzofurans? 25 A. No . 493 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055917 1 Q. Did you ever perform any studies in 2 which you became concerned that dibenzofurans 3 might be created by the burning of PCBs? 4 A. No. 5 Q. Did you ever find PCBs, or I'm sorry, 6 did you ever find furans or the evidence of furans 7 as a result of performing any tests of burning 8 PCB-containing materials? 9 A. No. 10 Q. Let me show you a document that I'm not 11 sure whether it is contained in the ones that you 12 reviewed or not so I'm going to go ahead and mark 13 it as Exhibit No. 21. 14 (Deposition Exhibit No. 21 marked for 15 identification.) 16 Q. And go ahead and look at it quickly, if 17 you would. 18 A. (Witness peruses document.) I looked at 19 it. 20 Q. Is that a document that was authored by 21 you? 22 A. Yes, it is. 23 Q. And it was authored by you in when? 24 A. It is March of 1970. 25 Q. All right. And it reflects a test done 494 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055918 by you or someone under your direction burning NCR paper, correct? A Correct. Q And NCR paper, for the record, was paper used by National Cash Register as a carbonless carbon paper, correct? A Yes. Q And in that process for creating the carbonless carbon paper, NCR used Aroclor 1242, correct? A Yes. Q And a question arose as to what occurred when carbonless carbon paper containing Aroclor 1242 was burned, correct? A Was open, burned in the open, yes. Q Yes. Because it was contemplated and it was just common sense that widely-distributed paper could be burned under many different kinds of circumstances in the United States in 1970, correct? A. Are you saying that that's why this was done or that that was something that could happen? Q That's something that anybody with common sense knew back in 1970? A Could happen. 495 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055919 1 Q. Yes. 2 A. Probably. Because we all did it 3 ourselves. 4 Q. All right. 5 A. You did, too. 6 Q. That's fine. So -- 7 A. I just want to make sure the question 8 was as to the common burning of paper or whether 9 or not the specific reason this furan was 10 designed. 11 Q. The first question is, everybody knew 12 that paper including carbonless carbon paper 13 containing PCBs could be and was being burned in 14 the United States, correct? 15 MR. PRAUSE: Object to the form of the 16 question. 17 A. Everybody knew and burned -- everybody 18 knew and did burn paper, yes. So. 19 Q. All right. And this experiment was to 20 study the open area combustion of paper containing 21 Aroclor 1242, correct? 22 A. No. 23 Q. Well, what's the title of this document? 24 A. "Study of the Open Air Combustion of 25 Paper Containing Aroclor 1242." 496 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055920 1 Q. Now and in this experiment you did open 2 air burn NCR paper containing Aroclor 1242, 3 correct? 4 A. Correct. 5 Q. And can you tell me what the results are 6 that you reported? 7 A. I can read the summary. 8 Q. Okay. 9 A. "Summary. Under the conditions of this 10 experiment, Aroclor 12," I'm sorry, "1242," for 11 the court reporter, I'm sorry, I'll go slower. 12 THE REPORTER: Thank you. 13 Q. "Summary. Under the conditions of this 14 experiment: 15 "1. Aroclor 1242 is easily volitized 16 from the NCR paper containing Aroclor under open 17 air combustion conditions using a is a Bunsen 18 burner. 19 "2. Aroclor 1242 undergoes little 20 thermal decomposition at Bunsen burner 21 temperatures. 22 "3. It appears that air pollution could 23 occur via open burning of NCR paper or other 24 Aroclor containing materials." 25 Q. Now the question of furans is not stated 497 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055921 1 in that summary, correct? 2 A. That's correct. 3 Q. Did you have a concern or get a hint 4 from burning that Aroclor 1242 in open combustion 5 that furans were being created? 6 A. No. 7 Q. Is it simply a coincidence that in the 8 same month you sent a telex to Mr. R. A. Lidgett 9 in England asking him to send you "any details you 10 have on the techniques used by TNO to isolate 11 chlorinated dibenzofuran type materials from 12 commercial PCBs. Urgent"? 13 A. Are you asking me if that's coincidental 14 of the experiment? 15 Q. Yes. 16 A. Yes. 17 (Deposition Exhibit No. 22 marked for 18 identification.) 19 Q. And for the record I have marked that 20 urgent communication as Exhibit No. 22. 21 Why did you urgently need any 22 information on isolating chlorinated dibenzofuran 23 type materials from commercial PCBs, if you 24 recall? 25 A. To the best of my ability what I recall 498 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055922 1 is that there was a incident that was called, I 2 believe, the Yusho incident in which Kanachlor, a 3 Japanese PCB product, contaminated rice oil and 4 people ate the rice oil. And there was feeling 5 amongst the people that dibenzofurans were a 6 contaminant of the commercial material, commercial 7 PCBs, and that these could have caused the 8 problems that were seen in the people that 9 ingested these materials. 10 Our intent here was to be proactive and 11 to look at the products we manufactured to see 12 whether or not during the manufacturing process 13 dibenzofurans were produced and could be present 14 in our products at any level. 15 Q. And in fact, Dr. Tucker, that Yusho 16 incident that you are discussing had occurred in 17 December of 1968, more than a year, closing in on 18 a year-and-a-half, before you sent that urgent 19 request, correct? 20 A. That may be correct. But the deal is, 21 is that the presumption that what we're seeing was 22 not due to PCBs but due to perhaps trace 23 constituents was not arrived at and/or concluded 24 until the time frame that we are discussing here. 25 At which time we were appraised of that fact, we 499 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055923 1 said we need to look at our product in a proactive 2 fashion and see whether or not TDF was present. 3 Q. Now one of the looks at your product 4 might have included burning commercial PCBs to see 5 if furans were created by the burning, correct? 6 A. No. The initial research would involve 7 looking at the material as such before it was 8 subjected to conditions which might produce it. 9 We didn't burn the material; we produced 10 it. And we were concerned that the material we 11 produced, that it didn't contain high levels of 12 this stuff or, if it did, what could we do about 13 it or what should we do about it? 14 Q. But as we discussed, you knew and 15 everyone at Monsanto that thought about it knew 16 that Monsanto's customers and the public in 17 general could and probably were burning from time 18 to time PCB-containing materials? 19 MR. PRAUSE: Object to the form of the 20 question. 21 A. No, I don't agree with that whatsoever. 22 Q. Now let me ask you, Dr. Tucker, did you 23 ever find out that the furans that were in the 24 Japanese material were created by cooking or 25 burning that rice oil, PCB-containing rice oil? 500 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055924 1 A. No. 2 Q. That never came to your attention? 3 A. No. 4 Q. To this day you're unaware of any 5 indication of that? 6 A. There could have been conjecture that 7 that was a possibility. But again, we didn't burn 8 the products. 9 Q. Okay. Now you have eaten ham before, 10 haven't you? 11 A. Yes, sir. 12 Q. Okay. You have eaten bacon before? 13 A. Yes. 14 Q. You're aware that people commonly eat 15 and cook hogs, correct? 16 A. I believe that's where bacon and ham 17 comes from, unless there's a subtlety here that 18 you are trying, that's eluding me. 19 Q. And anybody with any common sense at 20 Monsanto knew that, correct? 21 MR. PRAUSE: Object to the form of the 22 question. 23 A. That ham and bacon were derived from 24 pigs ? 25 Q. And that ham and bacon are cooked? 501 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055925 1 A. I think that would be worldwide. I 2 don't know why that would be restricted to 3 Monsanto, but I assume that they would know. 4 Q. And you had occasion to sample some hog 5 tissue that was provided to you from Anniston, 6 Alabama, correct? 7 A. Are we still on furans -- 8 Q. Yes, sir. 9 A. --or have we moved on? 10 Q. We're still on furans. 11 A. Yes. 12 Q. And in fact in December of 1970, you 13 issued a report -- and this is again in the 14 materials that you reviewed. For the record, DSW 15 038724. You issued a report on your analysis of 16 that hog tissue that you had analyzed, correct? 17 A. Yes. 18 Q. And that report is in front of you; and 19 it is dated December 21, 1970, from you to W. B. 20 Papageorge, correct? 21 A. Correct. 22 Q. And by this point W. B. Papageorge was 23 in charge of directing the Monsanto PCB, I'm going 24 to call it "defense," you may take issue with the 25 word "defense." 502 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055926 1 A. I wouldn't be presumptuous. 2 MR. PRAUSE: Object to the question. 3 A. Allow me to take issues with what I need 4 to take issues with -5 Q. Okay. 6 A. -- rather than representing me as taking 7 issues I don't. 8 Q. Okay. Well let me ask you, then. At 9 this time, was W. B. Papageorge in charge of 10 handling or managing the Monsanto PCB issue? 11 A. My understanding is that Bill was in 12 charge of overseeing what was going on and 13 interfacing with government agencies and other 14 customers and clients and things of that sort. 15 Q. All right. 16 A. I think that kind of fits in with what 17 you are implying. 18 Q. Okay. And you sent your results of 19 your -- of the hog analysis to him, correct? 20 A. It was addressed to Bill Papageorge and 21 it was carboned in to Keller, Wheeler and Wright. 22 Q. Okay. And E. G. Wright was the 23 environmental man at Anniston, correct? 24 A. We talked about him earlier. He might 25 have been a chemist from some of the things we 503 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055927 1 talked about, I don't think so. But he may have 2 been -- I don't know what his title was down 3 there. 4 Q. Okay. Were you aware that this hog was 5 found dead on the landfill at the Monsanto 6 Anniston plant? 7 A. No. 8 Q. Were you made aware of where the hog 9 sample that was sent to you from Anniston came 10 from? 11 A. Not specifically. It came from Anniston 12 because it was sent to me from Anniston, and I 13 knew it was dead because it was rotten. 14 Q. Okay. And you analyzed that tissue, 15 correct? 16 A. I analyzed fat and liver as indicated by 17 the memo. 18 Q. And you found .3% Aroclor 1242 -- well 19 why don't you explain what your results were? 20 A. I think it was .03% -- 21 Q. I apologize. 22 A. -- versus .3%. That's all right. But 23 you are reading it upside down versus straight up. 24 Q. Let me ask you, Dr. Tucker, if you would 25 tell us what the results were of the analysis of 504 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055928 1 the hog tissue that you did. 2 A. Okay. This sample was submitted to us 3 by Anniston as hog fat and hog liver. And that 4 was the extent of the information that we were 5 provided with the sample. 6 We were asked to analyze the samples for 7 PCBs using the methods that we developed and we 8 analyzed those samples. The fat we estimated that 9 on a wet weight basis after we had analyzed it 10 that it could contain as much as .03% PCBs. 11 Q. Which is how many parts per million? 12 A. 300. 13 Q. All right. 14 A. And that was Aroclor 1242. And that it 15 could contain as much as .05% Aroclor 1254 on a 16 wet weight basis. 17 Q. And that again would be 500 parts per 18 million? 19 A. That's correct 20 Q. Okay. And in the lipid weight, what 21 were your findings ? 22 A. Well the lipid weight, what you find in 23 the lipid weight depends on how much lipid is in 24 the animal and depends on the animal' s state at 25 the time the sample was taken. 505 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055929 1 In this particular instance, what we 2 found was that the lipid, which comprised a minor 3 pound of the wet weight material, had one point, 4 when calculated on a lipid basis, had 1.2% PCBs 5 1242 . 6 Q. Which is how many parts per million? 7 A. 11,200. 8 Q. And of 1254 you found how many parts per 9 million? 10 A. 19,200. 11 Q. And when you analyzed the liver what did 12 you find? 13 A. .16% 1242, and .14% 1254. If you 14 multiply percent by 10 to the fourth that will 15 convert it into parts per million. Any time you 16 run into that number, if you count the decimal 17 place four places to the right that will give you 18 the number of parts per million. So .16 would be 19 1600, which would be 1600 parts per million. 20 Q. 1600 parts per million? 21 A. Correct. That's they way you convert 22 it. 23 Q. And the wet weight was 69 parts per 24 million? 25 A. Correct. 506 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055930 1 Q. In the liver? 2 A. Correct. 3 Q. Of 1252. And then for 1254, you found 4 1400 parts per million in the lipid weight and 92 5 parts per million in the wet weight of Aroclor 6 1254? 7 A. Yes. 8 Q. Now do you know if Mr. Papageorge ever 9 communicated though results to the citizens of 10 Anniston, Alabama? 11 A. No . 12 Q. Do you know if anybody at Monsanto ever 13 communicated those results to the citizens of 14 Anniston, Alabama? 15 A. No . 16 Q. Do you know if anybody ever told the 17 citizens of Anniston, Alabama that they should 18 stop eating hogs from that local area? 19 MR. PRAUSE: Object to the form of the 20 question. 21 A. No . 22 Q. Do you know of anything that was done 23 with this information that you provided 24 Mr. Papageorge after you sent it to him? 25 A. No . 507 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055931 Q. Did you ever hear again about anything relating to analysis of hogs or chickens or any other animals in the Anniston area? A. No . Q. Were you ever asked to sample any other livestock from the Anniston area? A. No. And I tell you that we don't, we didn't do the sampling anyway. Q. I'm sorry. A. But no, we were not asked to sample or analyze, which is what I thought you meant to ask Q. Yes, that's the point that I was asking. A. No . Q. I know that you sampled fish from the Anniston area, correct? A. No . Q. I, okay. You got me again. A. You want to be accurate, so I'm sorry to be? Q. No, no, no, you're right, that's all right. That was fair. I know that you analyzed samples of fish from the Anniston area? A. Yes . Q. And you did that quite a bit, correct? A. We analyzed a good number of samples in 508 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055932 1 conjunction with some other studies; and we also 2 analyzed I think some other samples, I don't 3 remember exactly but I'm sure you will refresh my 4 memory. 5 Q. By the way, did you ever do any studies 6 to determine whether cooking a hog that has 1900 7 parts per million lipid weight Aroclor 1254 8 creates dibenzofurans? 9 A. Do you mean did I provide support in the 10 form of analysis for any studies like that? 11 Q. Yes, sir. 12 A. Okay. No. 13 Q. Did you ever hear of Monsanto doing any 14 studies like that? 15 A. No. 16 Q. Did it ever occur to Monsanto do a study 17 like that? 18 MR. PRAUSE: Object to the form of the 19 question. 20 A. I'm not qualified to answer that 21 question. Obviously. 22 Q. Now I'm going to move quickly to go 23 through some of these documents that were provided 24 to you before the deposition. I'm not going to go 25 through all of them; and for the sake of time, I'm 509 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055933 1 not going to go through all of all of these 2 documents. 3 If your attorney after I'm through wants 4 to bring up any matters that I have left out, I'll 5 be happy to sit here and let him do it. But I'm 6 only going to bring up certain things; so I'm just 7 giving you fair warning that I'm not going to ask 8 you about everything in all of these documents. 9 DSW 14271 through 275 is a report from 10 Paul Hodges to W. A. Kuhn dated May 12, 1969, 11 correct? 12 A. Did you say it was from Paul to Mr. Kuhn 13 or from Mr. Kuhn to Paul? 14 Q. I think I said it was from Paul Hodges 15 to Mr. Kuhn. But if I didn't, that's what I -- 16 A. You're correct. That's fine, that's 17 exactly what it is. 18 Q. And it's dated May 12, 1969? 19 A. That's correct. 20 Q. And it's entitled, "Aroclor's Cleanup 21 From Plant Effluent," correct? 22 A. Correct, "Aroclor Cleanup From Plant 23 Effluents." 24 Q. And it's marked as "Confidential," 25 correct? 510 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055934 1 A. It is marked as "Confidential." 2 Q. And you are one of the recipients noted, 3 correct? 4 A. I'm one of the 12 recipients noted on 5 the confidential memo (Laughter). 6 Q. All right. And in this, on the third 7 page of this May 12, 1969, memo, is a section that 8 is entitled, "III. Work to Minimize Losses at 9 Anniston. A. Definition of Problem." 10 Do you see that? 11 A. Yes, I do. 12 Q. And? 13 A. It is, "Definition of Problems." 14 Q. "Definition of Problems." All right. 15 And Item one is, "External to plant -- that a 16 problem exists at Anniston is evident because, " 17 quote, "'free,'" close quote, "globules of 18 Aroclors can be seen in Snow Creek. We do not 19 know what problem exists in Choccolocco Creek and 20 the Coosa River. By June 1, 1969, we will 21 determine the limit of visual evidence of Aroclors 22 downstream in Snow Creek." 23 If you can visually see Aroclors in a 24 stream, what part per million would that be? Is 25 that any way to estimate? 511 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055935 1 A. In the sediment? In the water? In the 2 globule? There's three major -- I'm not being 3 smart now. I see by your face you think I'm being 4 smart. 5 Q. No, no -- 6 A. I'm not at all. 7 Q. No, no, I think that's actually a very 8 good point. In the globule it would be 100%; is 9 that correct? 10 A. That's correct, that would be what we 11 call "neat." 12 Q. All right. And then the globule would 13 if it got mixed with sediment, then you would have 14 whatever percent globule and whatever percent 15 sediment you had? 16 A. That's correct. So it could range 17 anywhere from 0 to 100% -- well, it couldn't be 18 100% because then it would have to have some 19 sediment -- 20 Q. Right. 100% would be a globule; 21 anything less than 100% would be sediment 22 containing PCBs, correct? 23 A. That's correct. 24 Q. All right. When you tested some of the 25 sediment from the plant out fall, you found PCBs 512 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055936 1 in percent levels? 2 A. In the sediment and I believe, if I 3 remember correctly, we found something like 58 4 parts per billion -- 5 Q. Yes. 6 A. -- in the water. 7 Q. PCBs are not very soluble but they are 8 soluble to some extent, correct? 9 A. Well, the amount found in the water 10 versus the sediment versus the globule is on the 11 order of about a billion times less, 10 to the 12 ninth times less. So what you say is very 13 correct. 14 Q. Now globules can obviously be 15 transported, correct? 16 A. Yes, sir. And any, in any manner that 17 you carry them home. I mean it just, yes, sir, I 18 mean -- 19 Q. And they can be, they can be transported 20 by water, correct? 21 A. There would be two ways in which they 22 could probably be transferred to water that come 23 to mind since is you have asked the question. One 24 would be through the solubility that we talked 25 about if you are in a quiescent area where it was 513 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055937 1 moving slow and it had time to equilibrate. The 2 other would be as if you had water rolling along 3 fast enough that it could have enough energy to 4 actually roll it, if it's an insoluble globule. 5 So I mean, yes, certainly it could 6 transport it. 7 Q. All right. And PCBs bind to sediment. 8 They like to bind to dirt, don't they? 9 A. It's what is called hydrophobic, they 10 abhor water, that's what hydrophobic means. 11 Q. Okay. So they abhor it. They don't 12 abhor it completely because they soluablize 13 somewhat? 14 A. Right. 15 Q. But they like binding to solid 16 objects -17 A. They like sediment better than they do 18 water, that's correct. 19 Q. Okay. And you found, and I think 20 through your reading, you found that sediment can 21 be transported away from its original source by 22 environmental conditions? 23 A. It can and it can't be; so yes, you are 24 correct. 25 Q. And PCBs can be disseminated through 514 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055938 1 binding to sediment that then becomes dust that 2 then becomes transported by wind, for example? 3 A. At this -- correct. And all of these 4 things were a part of an ongoing effort to find 5 out how transportation of materials that weren't 6 intentionally spread throughout the environment - 7 like pesticides when they were sprayed -- how that 8 happened. 9 Depending upon when you are talking 10 about, you know, that, in, say, 1967 and '68, in 11 that region, that knowledge was not pervasive and 12 it was not understood. 13 Q. By '69 and '70 it was understood that at 14 least for the higher chlorinated isomers those 15 facts that I just stated were just true, i.e., 16 that PCBs persisted in the environment; that they 17 bound to sediment; that they were transported away 18 from their source by various environmental means? 19 A. By the 1970s it certainly was being 20 beginning to understand and be part of 21 understanding why people were seeing what they 22 were seeing, including us. So yes, the answer to 23 the question is yes. 24 Q. Now I want to return briefly to an area 25 that we talked about yesterday, I believe. And 515 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055939 1 I'm not going to have the court reporter read back 2 the record; whatever was said was said. But I 3 believe that you said that Drs. Jensen and Widmark 4 were the first to use a gas chromatograph and 5 electron capture detection technology. Do you 6 recall saying that? 7 A. No. 8 Q. Okay. If you said that, you were 9 incorrect, right? 10 A. What I'm going to do is correct you. 11 I believe you meant to say mass 12 spectrometry versus electron capture. 13 Q. Actually what I was saying was what you 14 told me all day yesterday, which I believe -- and 15 I may be wrong -- but I believe you told me that 16 your understanding was that Drs. Jensen and 17 Widmark had used gas chromatography and joined it 18 with electron capture in order to perform their 19 work. 20 MR. PRAUSE: Object to the form of the 21 question. 22 Q. And first of all, do you recall telling 23 me that yesterday? 24 A. Jensen and Widmark used a gas 25 chromatograph with an electron capture, yes. I 516 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055940 1 did not say that they were the first to do it. I 2 said that they were the first to combine a mass 3 spectrometer with a gas chromatograph and apply it 4 to the analysis of environmental sample extracts. 5 That's what I said. 6 Q. In fact, Jensen and Widmark's work that 7 Monsanto became aware of prior to the time that 8 you started your project was using a gas 9 chromatograph and a mass spectrometer, not an 10 electron capture device? 11 A. That's what I just said. 12 Q. So that is true what I just said? 13 A. Yes. 14 Q. Okay. And if you said yesterday that 15 Jensen and Widmark used an electron capture device 16 with a gas chromatograph and not a mass 17 spectrometer with a gas chromatograph, you were 18 incorrect yesterday if that's what you said? 19 A. No, I was not. And I don't -- let me -- 20 I'm not sure where you are going with this and I'm 21 not sure why you wouldn't have the record read if 22 you thought there was a mistake made. But let me 23 say this. 24 Jensen and Widmark used gas 25 chromatograph electron capture. They were the 517 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055941 1 first people in combination with the mass 2 spectrometers, the people that manufactured the 3 LKB mass spectrometer, that combined the two and 4 actually used it to look at an extract of an 5 environmental sample and establish that PCBs were 6 present. That's what I said. 7 Q. Okay. 8 A. And I have been saying that for a long 9 time. And so, I would be very surprised if the 10 record reflects what you don't want to go back and 11 see if it reflects. 12 MR. PRAUSE: Can we go -- 13 MR. WRIGHT: I would liking to back, I'd 14 like to go back and see what it reflects. 15 But the problem is, is that was yesterday and 16 I don't think we can do that right now. 17 And what will happen is, is on Friday 18 our court reporter says she will have a typed 19 transcript and you'll have an opportunity to 20 review that and see whether you in fact said 21 electron capture or whether you said mass 22 spectrometry? 23 A. Mass spec, MS versus EC. 24 Q. Okay. 25 A. And that's fine is there. Now is 518 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055942 1 there - 2 MR. PRAUSE: Could we go off the record 3 for a second? 4 MR. WRIGHT: No, I would like to finish 5 this point if we can. 6 MR. PRAUSE: Okay. 7 BY MR. WRIGHT: 8 Q. The reason I bring it up, Dr. Tucker, is 9 you'll agree with me as a scientist that there is 10 a difference in the analytical method of using a 11 gas chromatography with electron capture, as you 12 did in your process, and using gas chromatography 13 and mass spectrometry? 14 A. Yes. We used both, as a matter of fact. 15 Q. All right. But you'll agree that 16 there's a difference in those processes? 17 A. There's a difference in the detection 18 system. There's not difference much difference in 19 the chromatography. 20 Q. But those are two different analysis 21 techniques that are used to detect PCBs, correct? 22 A. That can be used to detect PCBs, that's 23 correct. 24 Q. And you know today that Drs. Jensen and 25 Widmark in the time frame before you got your 519 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055943 1 assignment used gas chromatography mass 2 spectrometry, correct? 3 A. In 1966, as the press release from LKB 4 states, they with LKB combined a GC with a mass 5 spec and analyzed the sample and verified on a 6 qualitative basis that PCBs were some of the 7 unknown peaks there. That's correct. I don't 8 think we have ever argued that point. 9 Q. Okay. So if you stated yesterday that 10 the information that you got was that they used a 11 gas chromatograph in conjunction with an electron 12 capture system, you were simply wrong yesterday if 13 that's what you said? 14 MR. PRAUSE: Object to the form of the 15 question. 16 A. No, that's not correct. Because you 17 yourself showed me a copy of a prepublication from 18 Jensen and Widmark that talked about an electron 19 capture GC detector. They used both systems and 20 I'm very much aware of that. 21 Q. Okay. So if you said that that was the 22 first system that you were aware of in July of 23 1968 and that they were the first ones that you 24 were aware of to do that and that you were 25 modeling your technique on theirs, that would have 520 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055944 been incorrect? MR. PRAUSE: Object to the form of the question and to this badgering of the witness. A. What would have been incorrect? Q. Never mind. When did Drs. Jensen and Widmark use a electron capture device? A. They had been using them for a long period of time Q. How did they accomplish their initial analysis of PCBs or their initial detection of PCBs? A. With a mass spectrometer. Q. Had you ever used a mass spectrometer before you were asked by Monsanto to validate the detection of PCBs in environmental samples? A. No . Q. Had you ever used an electron capture device before you were asked by Monsanto to validate the analysis of environmental samples for PCBs? A. No . Q. Had you ever even used a gas chromatograph before you were asked by Monsanto to 521 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055945 1 detect or to devise a method for detecting PCBs in 2 environmental samples? 3 A. Yes. 4 Q. Okay. Do you recall ever being asked 5 that question before? 6 A. There were three questions there. 7 Q. Okay. The question that I'm asking - 8 A. Which of the three questions do you want 9 me to recall first? 10 Q. The question that I'm asking is, before 11 Dr. Keller gave you your assignment to validate 12 the findings of PCBs in environmental samples, had 13 you ever used a gas chromatograph? 14 A. Yes. 15 Q. Do you recall giving a deposition in 16 Greenville, South Carolina, on the 23rd day of 17 June, 1992? 18 A. Yes -- 19 Q. Do you - 20 A. -- I think so. 21 Q. Do you recall being asked the following 22 question, and I'm reading from Page 33, Line 24: 23 "Have you personally done any of this sort of work 24 or work similar to what Jensen and Widmark had 25 done prior to your conversation with Dr. Keller?" 522 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055946 1 And what was your answer then? 2 A. "No." 3 Q. The next question was, "Have you ever 4 used the gas chromatograph?" 5 And what was your answer? 6 A. "No." 7 Q. The next question is, "What about a mass 8 spectrometer?" 9 And what was your answer? 10 A. "No." 11 Q. And the next question was, "How about 12 the electron capture device?" 13 And what was your answer? 14 A. "No." And those were correct and as is 15 correct what you asked me. In graduate school I 16 used a gas chromatograph but I didn't use it for 17 this purpose. 18 Q. Now, in fact, in graduate school mass 19 spectrometers were available, correct, when you 20 were in graduate school? 21 MR. PRAUSE: Object to the form of the 22 question. 23 A. Mass spectrometers, we had mass 24 spectrometers at the schools that I went to, yes. 25 Q. And that includes when you were at 523 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055947 Michigan State, which was I believe from '61 to ' 63? A. Correct. Q. And when you were at Iowa, which was from '63 to '67? A. Correct. Q. But you never used the mass spectrometer at either of those institutions? A. I never used a mass spectrometer to analyze a sample at either one of those institutions. And they weren't used for that purpose, very basically. Q. Now mass spectrometers had been around for at least several years before 1966, correct? A. Correct. Q. And gas chromatographs had been around for several years before 1966? A. Correct. Q. What is the difference between, well, what does a mass spectrometer do? We talked about electron capture yesterday? A. That's correct. Q. What does a mass spectrometer do? A. Okay. A mass spectrometer operates in a vacuum and the sample is introduced to the mass 524 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055948 1 spectrometer under low pleasure. It passes into 2 an area where there is usually a tungsten filament 3 that is emitting an electron beam. 4 The molecules go through that electron 5 beam and are fragmented into charged fragments. 6 Those fragments then pass into a separator where 7 magnetically, because of the current applied and 8 their weight and charge, they are separated into 9 discrete atomic mass units. 10 Those units then hit a detector; and 11 where they hit that detector is proportional to 12 the charge and the mass of the fragment. 13 And that's the way they work. 14 Q. And that's the way they worked back in 15 1966, correct? 16 A. Correct. 17 Q. And that's the way they worked back in 18 1961, correct? 19 A. That's the basis for mass spectrometry, 20 yes. 21 Q. All right. Now with relation to PCB 22 detection, my understanding of your testimony 23 yesterday is that you focused on the gas 24 chromatograph electron detection technology at 25 least first, is that fair? 525 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055949 1 A. That's correct. 2 Q. And my understanding is, is that 3 Monsanto at the time that you were asked to get 4 involved in this project had one, and I think you 5 said sitting on the shelf that had not been used 6 that you had to set up? 7 A. Now you're saying that I said that -- 8 let me make sure that I understand you, just to be 9 sure. You're saying that I said that Monsanto had 10 a mass spec sitting on the shelf that they hadn't 11 used that was waiting for me to set it up? 12 Q. That they had one, that they had one -- 13 that you believe when you were first given this 14 project that they had one that had not been used. 15 And I think you used the term "on the shelf," I 16 may be wrong about that. 17 A. I did say that, but I said it about -- I 18 said electron capture, not mass spec. 19 Q. Okay. I apologize. 20 A. Well, no, this is the mistake you have 21 been making all along. 22 Q. Well, frankly, my question is -- well, 23 that is my question. Did Monsanto have a mass 24 spectrometer? 25 A. No. 526 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055950 1 Q. Okay. Did Monsanto have an electron 2 capture device when you were asked to begin the 3 process? 4 A. Yes, and that's what I testified to 5 earlier -- 6 Q. Okay. 7 A. -- that they had -- you let me finish, 8 please, or I just -- 9 Q. I didn't say a word, doctor. 10 A. No, but I can tell you are getting ready 11 to jump in again before I finish. 12 Monsanto had a electron capture detector 13 and I said it was on the shelf and that it hadn't 14 really been used for much. And that we used that, 15 I used that, to initially set it up and see how 16 they went together and how they worked. 17 I did not say that they had a mass 18 spectrometer on the shelf. 19 I don't know whether you know it or not, 20 but mass spectrometers in those days were probably 21 close to half the side of this table and six foot 22 tall. It's very doubtful that it would have been 23 sitting on a shelf somewhere not being used if 24 they had one in the Applied Sciences. 25 So somehow or another there has been a 527 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055951 1 disconnect; and I hate to say it, but you don't 2 seem to be making much sense. 3 Q. Okay. Let me object to responsiveness 4 of the answer and specifically object to the 5 portions of the answer where the doctor is 6 characterizing me or what I'm doing. 7 Doctor, my question simply is, or simply 8 was -- and I believe you have answered it but I'll 9 ask it again just in case you don't feel like you 10 have answered it completely: When you were asked 11 to begin your project in the summer of 1968, did 12 Monsanto have a mass spectrometer to your 13 knowledge? 14 A. In the division I was working in in 15 Applied Sciences we did not have a mass 16 spectrometer. 17 Q. Did they have an electron capture 18 device? 19 A. As I testified earlier, yes. 20 Q. Okay. But that electron capture device 21 was not being used? 22 A. It was not being used, that is correct, 23 as I testified earlier. 24 Q. And you were the first Monsanto employee 25 to your knowledge to use the electron capture 528 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055952 1 device ever, correct? 2 A. No. 3 Q. Who else had used the electron capture 4 device before you? 5 A. You're asking me if I know if I was the 6 first. 7 Q. No, I'm saying to the best of your 8 knowledge. Let me ask it a different way. 9 Are you aware of anyone else at Monsanto 10 who had used that electron capture device before 11 you? 12 A. The one that we had on the shelf? 13 Q. Yes, sir. 14 A. Yes. 15 Q. Okay. Who had used the one that was on 16 the shelf? 17 A. When it was purchased by Ed Emery and 18 his group I'm certain they make may have used it 19 for whatever reason they purchased it. I do know 20 that if they did use it, they quit using it and 21 put it on the shelf, which is why it was there 22 when I went and asked them if they had one. 23 And they said to me, "Yeah, we've one." 24 It was at that point in time that I said 25 it's on the shelf and, you know, we began to look 529 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055953 1 at it. So I'm sure that if they bought it -2 although they might not have -- that they might 3 have used it. 4 I'm also sure that in the 56,000 5 employees that Monsanto had worldwide there is a 6 probability that there might have been an electron 7 capture somewhere being used for something. And 8 so I'm not -- I'm smart enough not to say "never 9 ever" and things of that sort. 10 Q. Let me -11 A. I was the first one at Monsanto that 12 used the electron capture detector and optimized 13 it and set it up for the analysis of environmental 14 samples for polychlorinated biphenyls. 15 Q. Let me object to the responsiveness of 16 the answer. 17 And my question, doctor, was not what 18 you believe occurred or what you think occurred 19 but whether you are specifically aware of anyone 20 at Monsanto using an electron capture device 21 before you began your project in the summer of 22 1968? 23 MR. PRAUSE: Object to the form of the 24 question, asked and answered. 25 A. No, I'm not specifically aware of 530 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055954 1 anyone. 2 Q. Okay. Now, doctor, in the summer of 3 1968 when you were given your assignment you had 4 had your Ph.D. for approximately six months, 5 correct? 6 A. As the curriculum vitae states, I 7 believe I was officially given a Ph.D. on 8 February 3, 1968. Now what month were you talking 9 about? February, would be March, April, May, 10 June, July, so in August of that year I would have 11 had my Ph.D. for six years -- for six months, yes, 12 sir. 13 Q. All right. And you had only been with 14 Monsanto for about nine months when you were given 15 that project, correct? 16 A. Correct. 17 Q. And Monsanto had had information 18 relating to Dr. Jensen and Dr. Widmark's work for 19 at least 18 months before you were given your 20 assignment, correct? 21 A. The record reflects that they had at 22 places in Monsanto that information before I even 23 came to be employed there. 24 MR. WRIGHT: All right. 25 MR. PRAUSE: Let's take a break. 531 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055955 1 MR. WRIGHT: Okay. 2 THE VIDEOGRAPHER: We're off the record 3 at 4:45. 4 (Recess taken.) 5 THE VIDEOGRAPHER: We're on the record 6 at 4:54. 7 BY MR. WRIGHT: 8 Q. Back on the record, doctor. The court 9 reporter asked a question and it was a good 10 questions because it was one that I had intended 11 to ask you earlier. 12 When we were talking about gathering the 13 scientific literature, you mentioned the CRD 14 library was a source. What did you mean by CRD 15 library? 16 A. I don't believe I mentioned that it was 17 a source, I believe it was in the document that we 18 were discussing. And you had asked me if I knew 19 what CRD stood for and I made a guess that CRD, in 20 a document written by somebody else, might stand 21 for Central Research Department or it could even 22 stand for Crevecouer, which is where the big 23 library was located. 24 So I don't know what it stands for and 25 had only made a guess earlier. And it is in part 532 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055956 1 of the record, I'm sure you can look it up. 2 Q. Yeah. And actually, doctor, I think 3 that was in the document that you authored. But 4 I'm just asking: If it was CRD, what would that 5 have meant to you, the initials C. R. D. Library, 6 what would that have meant to you? 7 A. I believe I stated earlier that the 8 acronym could have meant Central Research 9 Department. 10 Q. All right. Now did Monsanto maintain a 11 library of scientific articles? 12 A. Yes. 13 Q. And was that available to you throughout 14 your entire employment at Monsanto? 15 A. Yes. 16 Q. Did Monsanto employ librarians who could 17 gather scientific articles so that you didn't have 18 to do it yourself? 19 A. Yes. 20 Q. And did you utilize those facilities on 21 other occasions? 22 A. What other occasions? 23 Q. Any other occasions. 24 A. Beside which occasion? 25 Q. Besides PCB research. 533 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055957 1 A. Yes. 2 Q. Now I'm going to show you another 3 document from the documents that you reviewed, and 4 it is MONS 096605 through 606. It is a memo from 5 you to E. G. Wright in Anniston dated October 8, 6 1969. Is that correct? 7 A. That's correct. The memo is from me and 8 the copy here is dated October 8, 1969. 9 Q. Does it reflect sampling from a location 10 outside the plant - 11 A. Do you have an extra copy or do you need 12 to look at it? 13 Q. No, I don't. I just need to look at it 14 real quickly. 15 A. We have an extra copy. 16 Q. Okay, good. 17 A. Do you agree those are the same? 18 Q. Looks like it. 19 A. Okay, good. Yeah, there's some, 20 actually, there's some handwriting on that. 21 Q. But this is not from the documents 22 earlier, that's from your copy, right? 23 A. I think -- well, it doesn't make any 24 difference. That's all right. 25 Q. I think it's from the documents earlier, 534 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055958 1 but I may be mistaken about that. There may have 2 been two copies in those documents, one with 3 handwriting and one without. 4 A. I just want to make sure you're 5 satisfied that I'm looking at the same document 6 you are. 7 Q. Essentially -8 MR. PRAUSE: With the exception of the 9 annotations. 10 Q. -- with the exception of the 11 annotations. 12 What I wanted to ask you about was, the 13 first sample, the first two sample descriptions, 14 Snow Creek, Glen Addie, are you aware that Glen 15 Addie is a street near the Anniston plant? 16 A. No. 17 Q. Okay. What did you find for the water 18 from Snow Creek, Glen Addie? 19 A. As it shows in the, in the memo here, 20 the sample description Snow Creek, Glen Addie 21 water shows that there was in this particular 22 sample, that we -- not necessarily I -- but that 23 the samples analyzed and found to contain 23.3 24 parts per billion as Aroclor 1242. 25 Q. And in the sediment that was sampled 535 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055959 there at Snow Creek, Glen Addie, what was found? A 2.36% 1242. Q So that would be 23,600 parts per million? A. That's correct. Just moving the decimal point four places to the right, so it is 23,600. And it is like we discussed earlier. Q What's like we discussed earlier? A The level in water is related to solubility which is in the part-per-billion level. Q. Okay. And the sediment, would you agree that 23, 600 parts per million in an environmental sample is an awful lot? MR. PRAUSE: Object to the form of the question Q Never mind. A I'm sorry. Okay, you don't want me to answer that question? That's fine. Q Okay, go ahead and answer it. A No, that's perfectly all right. We're trying to do what you want. Q Well, your attorney objected and - MR. PRAUSE: Ordinary the questions answered subject to objections. Now if you want to withdraw your question, then that's 536 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055960 1 fine. 2 MR. WRIGHT: No, I'll -- 3 THE WITNESS: That's been my 4 understanding, too. 5 MR. WRIGHT: Because we're going to 6 spend so much time on it, I intend to re-ask 7 the question. 8 BY MR. WRIGHT: 9 Q. So 23,600 parts per million in an 10 environmental sample is whole lot, isn't it, 11 Dr. Tucker? 12 A. Of this particular constituent, yes. 13 Q. Again, do you know if the people in 14 Anniston that lived around Snow Creek and Glen 15 Addie were told that the sediment near where they 16 lived contained 23,600 parts per million Aroclor 17 1242? 18 A. No. As I testified earlier, I didn't 19 even know Glenn Eddie was a street; so no, I don't 20 know. 21 Q. Were you ever involved -- let me just 22 ask this: In your role in this entire Aroclor 23 project, were you ever involved in any discussions 24 of whether or not to tell the people that lived 25 near the Monsanto Anniston plant about the 537 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055961 1 contamination either in the soil, the water, the 2 air, the livestock, or any other substance they 3 might come in contact with? 4 A. No. 5 Q. You never heard that subject discussed? 6 A. I believe I said, "No." 7 Q. Okay. Now the Monsanto Anniston plant 8 stopped producing PCBs some time in 1971 or '72, 9 correct? Are you aware of that? 10 A. Yes. 11 Q. Okay. After the Monsanto plant ceased 12 producing PCBs did they continue to produce 13 biphenyl, to your knowledge? 14 A. I don't know. 15 Q. All right. Biphenyl is simply two 16 benzene rings stuck together, correct? 17 A. That's correct, at one carbon versus 18 multiple carbons. 19 Q. Okay. Is there any way to make biphenyl 20 without making PCBs? 21 A. Yes. 22 Q. Okay. In fact, would the standard 23 manufacturing process for biphenyl normally create 24 PCBs? 25 A. No. 538 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055962 1 Q. Okay. Would PCBs need to be separated 2 from production biphenyl? 3 A. No. 4 Q. Now were you aware that the Monsanto 5 Anniston plant sewers were contaminated with 6 Aroclors ? 7 A. No. 8 Q. Were you ever made aware of the fact 9 that the out fall from the sewers after the 10 production continued to show PCB -- after the 11 production was stopped continued to show PCBs? 12 A. If we analyzed samples that were labeled 13 as such I would be aware of it. 14 Q. You are not generally aware of that? 15 A. No, sir. 16 Q. Okay. You did analyze samples for 17 Industrial Biotest research projects, correct? 18 A. Not for research projects, no. 19 Q. Okay. Well, did Industrial Biotest do 20 research projects for Monsanto concerning PCBs? 21 A. No, they primarily did toxicity studies 22 and feeding studies to generate samples for what 23 we were doing. 24 Q. You don't consider that a research 25 project, just out of curiosity? 539 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055963 1 A. No. It was standard procedure, it 2 wasn't any research at all on their part. They 3 simply fed the animals and observed the -- well, I 4 don't, we can argue about that if you like, but 5 it's not. 6 Q. My only, I just want to establish that 7 you were involved with analyzing samples that were 8 produced pursuant to studies that IBT assisted 9 with, correct? 10 A. IBT did feeding studies and toxicity 11 studies for Monsanto, and I designed what was 12 needed to provide the additional samples from 13 those studies for tissue analysis. And yes. 14 Q. Okay. Did you -- and by "you," I don't 15 mean you personally, I mean you and your staff at 16 Monsanto -- ever have to redo samples for 17 Industrial Biotest because they were confused 18 about what samples they had provided to Monsanto? 19 MR. PRAUSE: I'm sorry, could you 20 repeat? I lost that one. 21 Q. Okay. Do you ever remember having to 22 redo analysis for IBT tests because IBT had 23 confused samples? 24 A. Yes. 25 Q. Okay. Did that happen on more than one 540 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055964 1 occasion? 2 A. It could have. 3 Q. Did you -- and by "you," I mean 4 Monsanto -- have an on-site overseer to guarantee 5 IBT's quality control in their either feeding or 6 sampling procedures? 7 A. No. 8 Q. Did Monsanto have any role in the IBT 9 feeding procedures or the IBT sampling procedures 10 after you showed them how it should be done? 11 A. First of all, I wouldn't show them how 12 to do feeding. 13 Q. All right. 14 A. Okay? And which is I think part of your 15 question. 16 In the terms of the actual sampling, how 17 they excised tissues and things of that sort, I 18 wouldn't tell them that either because that was 19 their bailiwick. So I guess the answer to that 20 question would have to be no. 21 Q. All right. Now did you ever do any air 22 sampling -- and I'm asking you sampling 23 specifically -- or analysis for samples of air 24 around the Anniston plant? 25 A. No, sir, I don't believe I did. 541 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055965 1 Q. You don't recall doing any analysis for 2 Anniston air samples? 3 A. The question you asked me initially I 4 think was, did I do sampling? I certainly didn't 5 do sampling, air sampling. 6 Q. Well, the question -- 7 A. I believe -- I'm asking for a 8 clarification. Do you understand what I'm saying? 9 Q. Yeah. I'm just saying I'm agreeing with 10 you the first question I asked was compound so let 11 me, let me ask you one question and see if you 12 answer this. 13 The question simply is, is did you 14 perform any analysis of air samples from around 15 the Anniston plant? 16 A. Not to my recollection. 17 Q. So if I were to ask you what was found 18 in any air samples that were analyzed, you 19 couldn't give me any answer? 20 A. That is correct. 21 Q. Well, doctor, let me just represent to 22 you that there was air sampling analyzed and we 23 have got it in the documents in front of us but I 24 don't have the time right now to go through and 25 find it to refresh your recollection. 542 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055966 1 You're aware that -- well, what is your 2 understanding of what Montar is? 3 A. I don't have an understanding of what 4 Montar is. 5 Q. In the PCB process, PCB production 6 process, are you aware that such a thing as still 7 bottoms were created? Does that sound familiar to 8 you? 9 A. It sound like, what I know of the 10 organic chemistry associated with the process, 11 that you would create still bottoms, yes. 12 Q. Would still bottoms contain a 13 predominance of heavier chlorinated PCBs? 14 A. It could. "Still bottoms" implies some 15 sort of distillation. I'm not sure if 16 distillation is commonly employed in the 17 production of Aroclors. But the process itself 18 selectively separates the lighter boiling 19 materials from the higher boiling materials; so 20 depend be where you cut it, if distillation were 21 involved, you would anticipate if there were still 22 bottoms, which is the remains from distillation, 23 that they would contain the higher boiling 24 materials. Which, if they were chlorinated 25 biphenyls, they would be the chlorinated, the 543 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055967 1 higher chlorinated ones. 2 MR. WRIGHT: All right. And let's go 3 off the record for a second. 4 THE VIDEOGRAPHER: We're off the record 5 at 5:10. 6 (Discussion off the record.) 7 THE VIDEOGRAPHER: We're back on the 8 record at 5:11. 9 MR. WRIGHT: Mr. Prause, I've got a 10 significant amount of additional questions. 11 I've got a stack of the documents that were 12 brought to the deposition that I have my 13 yellow stickies on that we haven't got to 14 yet. 15 I don't have the time to stay; I have to 16 rush right now to catch a plane. I stayed a 17 whole day longer than I had originally 18 anticipated. 19 I'm just advising you that I may request 20 to continue this deposition and continue to 21 ask Dr. Tucker questions about matters that 22 have not been and documents that have not 23 been discussed so far. I understand you may 24 object if I do that, but I'm just telling you 25 right now that I have a lot more questions 544 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055968 1 and I can't stay any longer. 2 It's 5:00-something now and I have to go 3 catch a plane, so. 4 MR. PRAUSE: I appreciate that, 5 Mr. Wright. We do object to your failure to 6 complete the deposition of Scott Tucker after 7 two full days of deposition. And we will, 8 obviously, entertain requests for additional 9 time with him but we would like to note our 10 objection on the record. 11 MR. WRIGHT: Okay, thank you. 12 THE VIDEOGRAPHER: Is that it? 13 MR. WRIGHT: Let's go off the record, 14 yes . 15 THE VIDEOGRAPHER: We're off the record 16 at 5:12. 17 18 (Whereupon, at 5:12 p.m. the taking of 19 the instant deposition was recessed.) 20 21 Signature of the Witness 22 23 24 25 545 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055969 1 2 STATE OF 3 COUNTY OF 4 SUBSCRIBED and SWORN TO before me this ,5 day of 20 6 7 NOTARY PUBLIC 8 My Commission expires: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 546 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055970 1 ERRATA SHEET 2 RE: OWENS V. MONSANTO 3 DEPOSITION OF: E. SCOTT TUCKER, PH.D. 4 Please read this original deposition 5 with care, and if you find any corrections or 6 changes you wish made, list them by page and line 7 number below. DO NOT WRITE IN THE DEPOSITION 8 ITSELF. Return the deposition to this office 9 after it is signed. We would appreciate your 10 prompt attention to this matter. 11 To assist you in making any such 12 corrections, please use the form below. If 13 supplemental or additional pages are necessary, 14 please furnish same and attach them to this errata 15 sheet. 16 Page Line should 17 read: 18 Page Line should 19 read: 20 Page 21 read: 22 Page Line should Line should 23 read: 24 Page Line should 25 read: 547 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055971 1 Page 2 read: 3 Page 4 read: 5 Page 6 read: 7 Page 8 read: 9 Page 10 read: 11 Page 12 read: 13 Page 14 read: 15 Page 16 read: 17 Page 18 read: 19 Page 20 read: 21 Page 22 read: 23 Page 24 read: 25 Line Line Line Line Line Line Line Line Line Line Line Line should should should should should should should should should should should should 548 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055972 1 CERTIFICATE OF REPORTER 2 STATE OF NORTH CAROLINA ) 3 COUNTY OF MECKLENBURG ) 4 I, Sydney C. Silva, the officer before 5 whom the foregoing deposition was taken, do hereby 6 certify that the witness whose testimony appears 7 in the foregoing deposition was duly sworn by me; 8 that the testimony of said witness was taken by me 9 to the best of my ability and thereafter reduced 10 to typewriting under my direction; that I am 11 neither counsel for, related to, nor employed by 12 any of the parties to the action in which this 13 deposition was taken, and further that I am not a 14 relative or employee of any attorney or counsel 15 employed by the parties thereto, nor financially 16 or otherwise interested in the outcome of the 17 action. 18 SYDNEY C. SILVA 19 Registered Professional Reporter Notary Public in and for the 20 County of Mecklenburg State of North Carolina 21 22 23 My Commission expires May 16, 2001. 24 25 549 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055973 [& -16] & & 284:3,8,16 0 0 512:17 0.2 436:14 0.20 436:14 0.64 437:1 006368 475:21 006369 467:19 469:1 472:23 006371 468:24 469:6 006372 472:23 008733 286:15 013804 445:5 013946 442:17 014094 435:8 014582 417:3,3 03 504:20 505:10 034612 482:21 484:7 034614 482:22 484:8 035902 422:21 425:4 035905 425:7 035920 422:21 038724 502:15 0440 283:1 05 505:15 051029 286:13 051045 286:13 056973 285:17 Transcript Word Index 056975 285:17 057358 285:20 057373 285:20 062162 286:7 062165 286:7 071074 286:20 071078 286:20 088150 285:16 090075 285:14 090077 285:14 096495 286:4 096517 450:4 096605 534:4 097041 286:18 097042 286:18 097058 448:7 097094 286:9 097123 286:11 097694 286:6 097836 451:21 097920 285:24 097922 285:24______________ 1 1 355:24 436:23 445:20 497:15 511:20 1.2 506:4 1.39 476:22 1.6 476:21 1.64 437:1 439:23 1/17/67 12:56 285:22 414:22,23 1/2/69 1221 422:24 371:23 489:18 1:54 1232 414:23,25 371:23 489:19 10 1242 285:19286:7311:12,15,23 286:20 337:16 371:23 325:24 326:17,25 327:16 438:10 440:18,20,24 329:11 340:18,20 437:25 465:14 476:13,16 477:7,15 479:20 485:19 506:14 477:21,25 478:18 479:22 513:11 480:2,14 489:14,15,18,25 10/12/38 490:12 495:9,14 496:21,25 470:14 497:2,10,15,19 498:4 10/21/68 504:18 505:14 506:5,13 286:11,13 535:24 536:2 537:17 100 1248 344:16 356:19 512:8,17,18 465:14 489:19 512:20,21 1252 1010 507:3 284:4 1254 1069 337:16 371:23 465:14 452:17 477:10489:12505:15 10th 506:8,13 507:3,6 509:7 355:25 1258 11 477:10 285:21 329:14,24 330:10 1260 330:12 332:10 336:19 371:23 489:12 341:8 385:22 1262 11,200 337:16 506:7 12th 11/10/69 341:16348:13 484:21 13 11/28/66 286:3 354:5,8,9,10,24 285:13 355:3 363:3 366:22 11:36 14 365:13 286:5 310:7 358:17,20,23 11:55 358:24 403:16,20 404:2,18 365:19 404:19 405:20 506:13 1-10 1400 455:22 284:9 507:4 111 14271 284:4 510:9 116 1451 405:10 371:17 12 147840 285:23 317:20 336:19 454:25 340:25 341:2 342:17 343:1 15 343:3,5 345:19 497:10 286:7 317:18 365:15,22,23 510:10,18 511:4,7 443:12,21 453:13 475:23 12/29/66 476:11 480:5 285:15 15th 12:53 444:25 412:24 16 12:54 286:8 366:24 367:1,14 413:2 369:12 370:9 376:10 445:3 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055974 [16-318] 16 (cont.) 1966-67 2/10th 25th 445:21 456:9 476:12 477:2 285:19 437:22 459:16 480:11 506:13,18 549:23 1967 2/21/67 26 1600 286:7 310:7 314:4 328:25 286:3 343:13 346:9 470:16 506:19,19,20 336:19,25 343:14,16 346:9 2/27/67 26th 164,000 355:6,8 358:4,12 359:1 286:5 343:15 440:8 361:1,7 362:22 397:15,25 2:57 27 16th 398:9,13 399:25 405:10 459:24 359:1 361:1 362:21 451:21 454:7 438:4 452:17 455:22 20 27420 17 459:15 515:10 286:17 437:21 467:6,8 284:9 286:10 377:5,6,7,22,23 1968 474:22 546:5 275 379:17,22 380:11,25 383:1 292:7 293:7 299:2 307:23 200 510:9 383:15,18 384:21 385:13 322:8 324:20 327:4 328:3 297:2 27th 1-7 361:3 362:5 363:1,19 2000 455:5 455:23 367:16 370:13 371:14 283:1 284:19 287:3 300:13 28 1700 378:1 381:1 387:22 395:21 393:13,13 323:11 477:2 407:13 408:19 417:9 422:1 2001 287 18 422:1 435:4,11 438:17 549:23 285:4 286:12 362:5 367:16 455:23 456:15,18,19 458:2 201 28th 371:13 377:6,7 380:1,2 458:13 499:17 520:23 284:17 464:5 382:12,14,25 383:4 384:22 528:11 530:22 531:3,8 209 29 385:13 386:14,21 391:24 1969 410:13 310:5 311:6 320:22 323:15 531:19 426:14 428:3 433:21 21 292 1880 435:12,21 436:1 440:12 286:19 355:5,8 358:4,12 285:13 302:10 442:17 447:1 448:4,20 378:1 381:1 386:21 407:13 29th 18th 449:15,17 450:5,7 451:21 408:19 494:13,14 502:19 341:17 459:15 453:13 454:8,17 455:4 216 2nd 19 456:6,9,10 457:9 458:19 452:19 284:18 336:25 286:14 460:1,8 460:19 462:16,16 464:16 21782 3 19,200 506:10 1900 465:13 470:16 473:25 474:23 475:2 484:20 490:25 491:24 492:5 286:21 22 286:21 293:18,23 403:9,10 o 361:21,24,25 362:5 376:22 376:24 391:24 424:16,22 509:6 1938 510:10,18 511:7,20 534:6,8 403:12,13,19 443:21 1970 452:14,21 453:23,24,24 497:22 504:18,22 531:8 3,4 475:8 481:24 1939 445:3,21 446:19 475:23 480:5 492:10 494:24 498:17,20 22,23 320:1 3/2/70 464:5 470:20 473:14 495:19,24 502:12,19 452:10 286:21 1944 302:11,12 1961 1970s 515:19 1971 2200 476:24 227 3:11 460:5 30 525:18 1963 465:20 1965 538:8 1978 492:1 1992 452:19 23 452:16,22 453:23,24,25 454:1 399:9,15 403:17,19,22 404:1 448:4,20 449:15 464:17 475:10 480:24 481:4,11,16482:6,11 485:22 522:17 23,600 300 1966 292:5 293:12 295:17 296:22 299:4 300:15 301:15,17 304:15 305:14 1996 320:22 2 2 536:3,6,12 537:9,16 23.3 535:23 23rd 284:9 505:12 308 285:15 30th 306:4 308:14 310:6 311:6 283:1 287:3 356:6 391:23 522:16 284:16 450:17,19 454:8 312:25 320:22 321:18 323:11,15 341:17 397:17 486:12 497:19 2,000 24 317:19452:11,18456:10 31 417:9 422:2 446:19 399:2 438:17 452:15 459:14 486:2 520:3 524:14 437:23,24 438:3,19 439:3 439:12 440:8 475:2 480:22 522:22 25 311 285:17,19 524:17 525:15 2.36 536:2 435:21 436:1 440:12 455:3 456:6,10 457:9 318 285:18 309:25 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055975 [319 - accumulates] 319 285:20 32 393:18 394:16,18 395:15 396:15 452:15 329 285:21 33 303:8 327:11 328:13,20 406:17 457:10 458:1 459:10,12 522:22 341 285:23 347 385:21 353 286:16 460:13,17 354 286:3 358 286:5 365 286:7 367 286:8 377 286:10,12 378-5380 284:10 379-9558 284:10 4 4 362:2,3 415:10,13 416:5,9 416:13 424:22,25 435:7 449:17 467:3,18 476:17 4/8/69 286:15 4:45 532:3 4:54 532:6 40 314:20 317:25 400 317:22 460 286:14 467 286:17 478-4422 284:5 478-5015 284:5 48104 371:18 494 286:19 498 286:21 4th 450:5,7 454:17 5 5:00 545:2 5:10 544:5 5:11 544:8 5:12 545:16,18 50 314:9 399:25 452:17 500 505:17 512 284:5 523 284:5 5400 490:1 545 285:5 5460 337:16 547 285:6 549 285:7 56,000 530:4 5750 443:17 58 436:17 513:3 6 6 477:1 6/18/68 286:9 6/24/69 286:17 6/28/1939 470:20 6/28/39 469:11 471:3 60 314:9 606 534:4 61 9/6/68 524:1 435:24 612 9:47 452:15 284:19 287:5 62839 90 470:4 355:24 63 9000 443:17 524:2,5 318:14 66 910 298:7 402:2 438:21 456:25 284:10,10 67 92 315:15 325:6 361:10 364:5 507:4 400:19 457:1 524:5 96 68 283:1 291:22 361:11,12,13 393:17,20 409:25 410:3 436:4 447:12 515:10 69 291:23 424:23 461:10 472:20 474:13,14 475:15 506:23 515:13___________ 7 a a.m. 284:19 abbreviation 436:24 abhor 514:10,11,12 abilities 7 489:6 285:13 292:13,16 323:10 ability 442:17 447:1 327:13 374:9 489:5 498:25 70 549:9 472:20 515:13 able 70-6 337:18 356:17 369:9 286:20 464:18 466:17 483:2 71 absolute 469:5 472:20 300:25 301:12 396:14 72 411:7 425:25 429:8,9 432:4 472:20 538:8 439:17 75 absolutely 489:23 303:13 398:9 410:21 411:2 78701 429:20 447:24 480:6 284:4_________________ absorption 8 8 285:15 308:11 311:3,25 322:9,13,18,24 323:18 326:16 383:14 460:19 534:5,8 80 314:8,9,20____________ 9 318:2 320:5 accelerated 466:20 acceptable 298:24 479:10 490:22 accepts 350:19 access 401:4 accomplish 9 521:11 285:17 311:12,14,23 accumulate 315:17,19 316:16,17,25 299:23 304:18 393:11 320:16 321:5,13 322:9 394:3 487:5 323:25 324:19 325:22 accumulated 326:1,15 327:9 341:18 390:9 479:20 accumulates 9/21 393:20 470:14 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055976 [accumulating - answer] accumulating addressee agreement analysis (cont.) 301:2,18 302:19 372:7 332:10 492:22 319:24,25 320:4,5,11,13 accuracy addressees agrees 338:10,11,24 339:1 363:19 344:16 331:18 479:12 390:17 411:17 427:2 accurate adds agricultural 430:11,20,21 435:10 436:3 316:3 391:22 400:10,11 443:9 297:16 381:6,14,17,23 436:6 442:12 443:12 412:19 454:20 490:5 adipose 382:8 387:11 475:7 485:8 444:17 447:14 476:2 480:4 508:18 487:5,6 ahead 502:15 503:19 504:25 accurately adjusting 309:9,11 353:5 412:8 426:3 508:2 509:10 517:4 519:20 338:16 339:4,12 346:23 413:24 430:16 467:4 471:18 483:1 521:12,21 530:13 540:13 349:20 351:22 353:16 admitted 483:8,8 488:15 494:12,16 540:22 541:23 542:1,14 356:5 358:13 360:5,17,18 450:23 536:19 analytical 362:16 372:3 392:3,16 adopting aid 314:3 319:14 338:21 347:9 393:1 397:22 409:10 288:23 313:11 359:6,8,21 360:23 361:4 435:16,18 475:13 advance aim 362:11,20 399:24 401:15 acronym 443:15 347:8 406:22 409:7,16 446:14 313:25 533:8 advantage air 447:18 449:5,11 452:17 act 412:5 286:19 297:3 298:3,4,5 454:3,3,4 474:24 519:10 447:16 adverse 319:19 430:11,21,24 433:1 analyze acta 349:9 496:24 497:2,17,22 538:2 429:18 505:6 508:11 313:25 314:1,2 455:21,21 advice 541:21,23 542:2,5,14,18,22 524:10 539:16 action 374:17 al analyzed 356:13 357:9 358:9 363:5,8 advised 283:1 285:22 437:20 502:16 504:14,16 364:7,21 549:12,17 292:5,7 alabama 505:8,9 506:11 508:21,25 actions advising 283:1 434:22,25 445:19 509:2 520:5 535:23 539:12 443:14 544:19 502:6 507:10,14,17 542:18,22 activity affect allow analyzing 356:9 449:4 487:11 489:7 426:22 427:8 503:3 390:17 418:23 540:7 acts afternoon's allowed animal 473:10 416:4 373:2 505:24 actual aged alluded animals 319:10 425:15 426:7,8 299:10 461:14 469:8 297:19 433:2 487:9 508:3 428:11 451:2 466:18 agencies alongside 540:3 541:16 503:13 444:6,9 animal's acute agent alterations 505:24 486:25 489:1 292:18 307:8 384:13 ann add aging altered 371:18 427:25 466:18 429:10 anniston added agitation america 417:13421:12,13434:21 313:22 314:5 347:13 451:8 408:25 409:1 434:25 435:4 436:3 437:13 476:15 ago american 441:21 442:16 443:11 addie 327:11,18 328:14,20 303:16 444:18 445:18,23 447:2 535:14,15,18,20 536:1 393:18 394:17,18 395:15 amount 481:21 482:5 502:5 503:23 537:15 406:17 439:21 451:10 303:2 331:7 360:13 436:9 504:6,9,11,12 505:3 507:10 additional 453:6 457:10 458:1 459:10 436:21 440:17 462:11 507:14,17 508:3,6,15,22 340:23 373:10 375:10,11 459:12 469:8 482:19 477:3 480:12 486:24 513:9 511:9,16 534:5 535:15 540:12 544:10 545:8 agree 544:10 537:14,25 538:7 539:5 547:13 289:15,18291:1 296:11 amounts 541:24 542:2,15 additives 315:24 342:14 345:8 392:10 440:15 477:1 annotations 297:16 400:25 414:6,9 430:2 468:5 480:10 488:24 535:9,11 address 478:6 500:21 519:9,15 analogous announced 307:18,19 371:25 534:17 536:11 488:10 486:4 addressed agreed analyses answer 308:23 370:10 371:25 395:23 430:3 441:16 313:10 290:4 304:24 308:2,3 503:20 agreeing analysis 316:14318:10325:9 427:1,4 542:9 285:17 298:11 319:19,20 326:15 328:10 348:23,24 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055977 [answer - assigning] answer (cont.) appears (cont.) argued article 354:22 373:3,24 374:8 383:20 385:19,22 386:16 520:8 294:2 300:19 343:23 385:9 397:2 401:16 402:5 386:21,25 387:3,7 389:11 arguing 345:22,24 349:12 386:22 408:1 411:19413:21 441:4 422:24 445:17 497:22 385:8 387:1,5 389:4,12,23 390:1 442:3 457:23 461:1 470:8 549:6 argumentative 390:12,15 391:3,6,11,11,24 471:25 483:2,3,12 509:20 apples 323:3 400:22 401:19402:8,15,16 515:22 523:1,5,9,13 528:4 431:16 aroclor 402:18,24 403:2,5 405:9,19 528:5 530:16 536:18,19 application 286:19 306:7,10 307:9 406:3,5,15 409:18,20 541:19 542:12,19 429:24 464:7 313:19 337:18 339:7 414:12451:10455:21 answered applied 342:19 346:5 349:12 457:5 307:15,16 316:23 323:20 319:23 370:21,22 448:17 356:12,14,20 360:13 articles 326:2 345:20 365:9 367:11 464:2 476:10,18 477:3 371:23 372:12,18 383:19 293:15 356:10 388:1 400:4 406:14,16 413:19,20 441:5 480:12 481:1 525:7 527:24 383:20 396:7 417:14 405:24 455:16 456:6,24 442:8 479:23 483:15 484:2 528:15 419:14,16,22 421:14 458:8,12,15 459:14 533:11 528:8,10 530:24 536:24 applies 423:10,15,17424:11,13 533:17 answering 402:19 430:9,20 436:9,10,14 438:9 artifact 357:24 365:5 apply 438:18 440:18,18,20,24 291:6 answers 517:3 443:12 446:13,18 448:25 askarel 345:16 440:17 appraised 449:6 450:21 455:7 460:20 353:15,18 anticipate 499:25 465:22 474:23 475:5,8 asked 543:21 appreciate 476:13,16,18,21,24 477:7 289:20 306:23 314:17 anticipated 315:4 350:12 373:3 374:6 477:15,21 478:18 479:22 316:19,23 323:3,4,5 339:5 488:4 544:18 374:15 375:1,10,25 396:25 480:2,14 482:10 485:1 352:15,21 355:24 358:15 anybody 397:1 416:23 545:4 547:9 489:12,14,15,17,19,25 361:3 362:24 364:13,19,24 302:25 389:21 439:8 appreciated 490:1,12 495:9,13 496:21 366:18 373:7,20 376:11 495:23 501:19 507:12,16 316:15451:6 496:25 497:2,10,15,16,19 391:18412:10413:22,23 anyone's appreciation 497:24 498:4 504:18 421:6 422:16 430:2 463:1 431:22 451:6 505:14,15 507:5 509:7 493:22 505:6 508:5,10 anyway apprised 510:22 535:24 537:16,22 513:23 521:16,20,25 522:4 508:8 340:13 aroclors 522:21 523:15 526:3 527:2 apart approached 337:15,15 371:24 372:13 528:10 529:22 530:24 316:24 349:14 373:16 422:10 426:5,7 532:9,18 542:3,10 apologize appropriate 428:11,17,24 429:23 430:7 asking 345:4 386:4 504:21 526:19 373:25 412:12 431:12,18 433:9 440:13 289:15,21 321:2 334:13,15 apparently approval 460:24 461:18 462:1,7,18 335:4 341:24,24 345:15 293:16 307:5 312:25 443:20 463:10 464:2,8,20 465:14 352:14 365:6 387:16 399:6 335:24 353:21 355:3 378:7 approximately 466:18 468:16 469:23 401:13 403:11 409:24 386:14,15 400:2 438:5 308:13 362:25 376:21,24 470:22 477:10,25 478:14 413:11,25 421:11,17 453:10,17 473:6 474:4,6,14 476:11 477:2 484:19 531:4 478:14,19 481:15,20 482:4 433:15 442:1,20 448:16 appear april 511:18,21,23 539:6 543:17 454:8,10 456:11 466:5 313:24 315:15 316:16,20 460:19 462:16 464:16 aroclor's 468:18,25 493:14 498:9,13 316:25 317:6 318:22 465:13 531:9 510:20 508:12 522:7,10 529:5 342:17 365:24 383:19 arbor aromatic 533:4 541:22 542:7 384:11 385:13 446:3 371:18 320:1 asks 452:24 460:15 485:17,20 archipelago arose 444:12,15 appearances 409:5 495:12 aspect 284:1 375:19 area arouse 347:11 appeared 287:18 317:5 332:16 334:9 350:24 aspects 386:9 401:21 403:25 340:23,24 379:9 388:8 arrangements 406:22 409:7,16 447:18 410:16 447:22 451:11 390:15 496:20 507:18 457:14 assertions 452:10 508:3,6,15,22 513:25 arrive 450:20 appears 515:24 525:2 356:2 assess 293:13 294:23 295:13 areas arrived 362:10 308:22 316:18 343:6 320:13 430:25 488:22,23 499:23 assigning 355:15 356:16 358:25 argue arrow 289:6 367:22 377:23 378:5 540:4 355:16 367:23,24 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055978 [assignment - bes] assignment attaching b began 308:8 364:1 376:23 377:3 473:13 back 302:20 307:22 322:7 327:3 377:10 520:1 522:11 531:3 attachment 302:10 328:11 332:5 363:3 327:6 328:15 347:5 366:13 531:20 380:4 474:6,9 364:4 366:16 377:3 388:16 377:10434:1,18 529:25 assist attempt 388:21 402:9 409:25 530:21 388:13 389:3,5 547:11 307:22 350:12 475:9 412:11,13,14454:16457:2 beginning assistant 480:23 475:14 479:1 487:18 288:1 293:6 328:3,6,8 297:1 attempting 491:20 495:24 516:1 329:9 407:19 446:5 515:20 assistants 361:18 518:10,13,14 525:14,17 beings 317:21 attempts 532:8 544:7 299:23 300:8 301:2 304:17 assisted 401:19 403:23 452:9 background 486:25 487:16 540:8 attention 473:12 belgium associated 353:14 463:25 464:15 bacon 448:5,23 301:13 332:22 348:11 471:1 485:6 501:2 547:10 501:12,16,23,25 belief 349:11,15391:15436:17 attested badgering 421:13,15 432:12,20,22,23 436:19 450:24 543:10 440:23 521:3 believe association attorney baeyer 287:22 288:2,3 289:4 290:4 381:7,15,17,24 382:8 510:3 536:22 549:14 449:7 290:6 291:22 292:21 387:11 399:24 401:15 attorneys bailiwick 294:21 297:13 298:22 452:16 454:2,4 284:3 415:15 541:19 300:15 301:14,16,25 302:5 assume attributable baja 315:22 319:1 327:5,11 298:5 304:11 319:19 336:4 418:24 408:24 328:10,11 330:17 333:17 378:22 379:13 383:22 august banned 340:4 358:1 361:20 365:2 387:13 396:21 401:22,24 283:1 284:19 287:3 531:10 307:12 369:15 371:20 376:11,15 455:6 502:3 austin barely 376:19 378:10 394:20 assumed 284:4 392:3 398:7 411:24 415:7 418:19 392:6 394:9 author based 420:19,20 422:14,20 assumes 380:13 388:6 400:6 407:7 289:7 291:3 300:16 303:5,6 423:24 425:21 428:22 393:25 409:8,17 303:10 388:21 390:20,24 437:8 445:25 449:17 assuming authored 395:7 400:14 402:12 410:5 459:19 463:7 467:2,18,23 334:18 393:8 435:22 482:25 484:17,18 410:6 411:4 420:3 442:2 468:11 470:4 474:20 assumption 484:19 494:20,23 533:3 488:8 475:20 482:19 499:2 320:11 387:15,20 400:14 authors bases 501:16 513:2 515:25 516:3 400:20 421:3 457:25 467:5 400:5 421:15 516:11,14,15 524:1 526:13 assumptions availability basic 528:8 530:18 531:7 532:16 395:8 407:6 409:8,17 480:2 319:17,21 320:17 532:17 533:7 538:6 541:25 assured available basically 542:7 338:19 291:4 300:17 339:7 351:14 294:23 312:2 346:18 believed asterisk 356:13 392:9 425:10 370:20 384:19 394:8 436:7 419:15 420:3 432:18 437:4 438:20 440:2 456:1 492:2 440:21 468:6 524:12 466:13 asterisks 492:16,17 523:19 533:13 basis believes 436:19,20 average 335:7 364:1 411:7 415:4 381:22 464:9 466:4 473:6 ate 476:23,25 417:1 439:17 476:25 505:9 belonged 499:4 aware 505:16 506:4 520:6 525:19 334:11 atomic 290:1,12,14 294:17 295:6 bates benignus 318:2 320:5 525:9 295:12 299:16,19 309:1 422:21 425:1 448:5 450:3 285:22 294:18,21 331:19 attach 329:8,8 330:14,25 335:17 469:1 472:19,21 332:11,13,15,18 336:21 547:14 363:16 366:19 396:12 battle 339:20 342:21 343:8 attached 439:9 465:13 491:19,20 360:22 362:19 benzene 286:22 309:12,20 315:13 492:3,10,14,14,19 501:14 baxter 538:16 315:17316:4317:13 504:4,8 517:7 520:20,22,24 333:17 336:23 339:6,25,25 benzopyrene 318:15 338:13,23 341:25 529:9 530:19,25 535:14 340:4 320:1 342:11 380:4 381:3 386:20 538:9 539:4,8,13,14 543:1 beam bergen 419:10 468:19,23 469:17 543:6 525:3,5 378:11,12,15455:9 469:18 470:11 471:3,24 awful becoming bes 536:13 316:9 375:2 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055979 [best - carbonless] best biphenols boxes burned 323:16 327:13,24 328:14 294:6 295:6 296:4 337:4 336:11 368:5 495:14,15,18 496:13,17 328:18 374:9 375:2 406:12 338:2 343:25 349:11 boy burner 416:8 444:3 451:17 498:25 biphenyl 478:25 497:18,20 529:7 549:9 288:6 291:9,13 294:17 break burning bet 295:1 360:10 448:21 449:3 310:19 353:1,3,5,23 354:3 492:21 493:5,10,19,23 379:6 407:3 449:9 450:9,25 451:3 365:11 366:2,18 377:5 494:3,7 495:1 496:8 497:23 better 454:12 538:13,15,19,23 414:19 459:21 531:25 498:4 500:4,5,17,25 348:25 401:12 422:15 539:2 breast business 514:17 biphenyls 299:21 300:9 301:3 287:24___________________ beyond 295:7 305:20,24 306:7 breathing c 431:22 433:12 bibliographies 389:8 312:18 313:14,17 314:6,8 329:4 331:5,9 338:4,11 390:2,9,22 392:4 395:12 319:19 brick 396:16 calculated 440:18 476:23 506:4 California bibliography 402:3 410:21 431:5 452:12 brief 408:23,24 455:17 big 479:15 486:5 488:12 489:4 417:4 448:14 530:14 543:25 briefly call 371:15 478:1 502:24 386:7,13 532:22 bill birds 291:14 297:2 299:24 455:1 467:9,14 515:24 bring 512:11 called 369:16,24 370:15 371:2 443:20 503:11,20 billion 302:11,12 337:6 408:23 487:11,14 489:6 bit 449:1,2 510:4,6 519:8 brings 348:11 291:2 317:7 323:18417:25 424:3,13 499:1 514:9 calling 436:18,19 488:25 513:4,11 535:24 536:10 297:12 312:5 426:4 442:10 445:4 508:24 britain 403:2,6,15 404:2,17 452:11 423:16,20 calorimeter bind 514:7,8 binding blame 374:13 blk british 405:14 broad 318:4 cameron 342:21 343:11 317:4 514:15 515:1 bioaccumulate 436:23,23 block 289:19 388:8 broke canned 314:10 299:17 bioaccumulating 289:11 394:5,6 436:24 439:22 board 306:11 325:6 broken 323:17 437:4 capable 420:1 capacitor bioaccumulation 395:1 body 303:6 356:14 brothers 299:11 349:8 capacity biochemistry 319:15 boiling 543:18,19,23 brought 544:12 288:7,13 353:19 442:12 490:19 biodegradability bomb brussels capture 477:19 biodegradable 477:15,18 478:1,16 479:7 364:16 bona 398:12 333:11 343:11 355:21 448:23 450:7 buchanan 390:19411:11 418:8419:8 419:10 438:2,22 439:10,20 485:18 516:5,12,18,25 479:22 489:14,15 490:13 biodegraded 489:25 490:18 biography boss 298:16 335:11 355:12 369:5 378:3 400:7 473:1 bother 285:24 339:6 341:3 342:19 343:7 355:10 building 284:17 517:10,15,25 518:21 519:11 520:12,19 521:8,19 523:12 524:21 526:18 527:2,12 528:17,20,25 389:10 452:13 456:7 382:18 bulletin 529:3,10 530:7,12,20 biological bottom 371:24 313:11 314:25 315:25 368:13 387:7 448:6 460:16 bunch 338:12 392:14 393:12,20 bottoms 368:6 393:24 394:24 449:5 463:5 543:7,11,12,14,22 bundle car 392:10 carbon 495:6,9,13 496:12 538:17 biologically bought 356:2 357:6 358:6 carboned 462:4 biotest 530:1 bound bunsen 497:17,20 448:21 503:21 carbonees 539:17,19 540:17 biphenol 515:17 box bureau 371:16 372:6 376:13 450:8 455:8 carbonless 291:9 368:11 burn 496:18 497:2 500:9 501:7 495:5,9,13 496:12 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055980 [carbons - clip] carbons certainly (cont.) chemicals chromatography 538:18 422:12 427:3,3,24 428:5 301:18 337:1 381:7,15,17 319:18,21 320:6 404:4 care 429:15 432:11 451:15 381:24 382:8 387:11 485:9 417:24,25 418:1,8,9 486:7 324:16,17 350:18 489:16 457:20 514:5 515:19 542:4 492:25 516:17519:11,12,19520:1 547:5 certificate chemist chronological career 285:7 549:1 347:9 503:25 415:4,5 451:18 467:17 334:7 certify chemistries circle careful 549:6 399:25 424:16 306:12 307:10 362:14 cetera chemistry circumstances 372:20 337:6 454:13 489:19 314:3 319:15 338:21 495:19 carotin chain 401:16 543:10 citizens 315:3 304:18 473:10 chemists 507:9,13,17 Carolina chamber 289:5 452:17 454:5 ckc 283:1 284:9,18 311:20 318:5 chickens 395:11 522:16 549:2,20 chance 508:2 cl4 Caroline 326:6 355:2 373:4 443:19 child 486:7 489:23 371:15 chandler 301:3 cl5 carried 371:16 children 488:12 489:4 346:18 487:16 changes 299:21 300:9 301:20 cl9 carry 547:6 chlorinated 486:7 489:24 513:17 changing 297:5 314:5,19 319:24 claimed case 361:14,16 338:24 344:2 346:5,20 343:25 283:1 287:16 311:17 324:5 channel 349:15 350:20 352:2 360:9 claims 324:22 327:18,25 386:11 409:3 360:10 392:19 408:22 338:18 389:17421:12460:11,14 characterizing 448:20 449:3,9 450:9,25 clarification 528:9 528:6 451:3 454:11 478:14,15 343:4 349:1 363:25 487:21 cases charge 479:14,18 485:5,17 486:22 487:24 542:8 433:13 445:20 502:23 503:9,12 487:10,25 488:12 489:4 clarify cash 525:8,12 490:7,8,17,22 491:6,6 348:25 352:20 370:2 495:5 charged 498:11,22 515:14 543:13 372:11 399:13411:18 catch 525:5 543:24,25 544:1 412:10 487:22 488:3 544:16 545:3 charlotte chlorine class category 283:1 284:18 337:11 485:25 372:12 492:25 478:18 chart chlorines classify cause 317:14,15,16 485:23 486:6 287:20 306:8 394:2,11 486:24 chc choccolocco clean caused 485:5 486:13,22 487:10 441:8511:19 382:17 385:3,3,9 499:7 chcs chose cleanup causing 491:6 312:24 510:20,22 490:9 check chromatogram clear ceased 333:21 334:5 335:25 336:8 317:8,9,14 321:14 324:2 312:22 320:24 346:19 538:11 336:8 368:21,22 468:25 411:11 420:14,17 422:8 351:21 352:18 359:12 centimeter 469:3 chromatograms 402:7 407:19 408:13 476:21,22 checked 298:10 314:4 315:16 395:9 413:20 414:4,8 416:6 428:2 central 336:9,11 455:21 397:14 429:11 452:9 428:8 437:6 483:25 486:21 408:25,25 532:21 533:8 checking 485:18 489:18 centre 341:13 455:25 chromatograph clearance 293:22 checks 320:20 388:9 419:10 489:17 certain 368:15,17 421:15,19,22 422:6 438:1 clearest 360:13 451:5 462:5,6 chem 439:20 516:4,25 517:3,9,16 347:24 479:17 489:8 510:6 529:18 314:1,2 398:8 455:21,22 517:17,25 520:11 521:25 clearly certainly chemical 522:13 523:4,16 525:24 427:13 487:1 288:11 300:18 325:1 289:16,23 346:3 392:17 chromatographic clients 334:21 339:21 351:12 463:4 419:6 503:14 359:16 360:21 361:6 chemically chromatographs clip 375:22 394:10 398:24 337:17 462:4 295:20,25 318:1 524:16 366:16 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055981 [close - contents] close communicate concerning considered 394:24 407:22 466:8 477:3 313:4413:16 337:2 539:20 441:15 491:8 477:16480:12511:17 communicated concerns considering 527:21 413:15 507:9,13 290:22 477:4 480:13 closely communicating concerted consist 296:6 413:8 425:9 308:15 489:13 296:3 closer communication concluded consisted 304:13 308:19 312:23 336:20 390:19 499:23 370:20 closest 498:20 conclusion consistent 371:6 communications 297:4 341:19 359:16 369:1,5 closing 459:3 426:22 431:11 432:14 consists 499:17 community 490:7 321:5 coast 302:17 492:3 conclusions constituent 390:3,10 391:7 408:24 companies 450:24 537:12 coincidence 313:18 concur constituents 498:7 company 452:25 337:18 339:7 492:9 499:23 coincidental 283:1 289:9,16,23 295:15 condition constructive 498:13 301:25 329:17,20 335:3 335:5 482:10 352:4 collaboration 346:12,25 351:5 370:18 conditions contact 315:2 379:4 384:5 400:23 481:17 497:9,13,17 331:7,10,12 353:17 356:25 collected complete 500:8 514:22 538:3 302:12 444:16 545:6 conductivity contacting collection completed 419:7 331:14 302:9 293:4 342:25 343:2 380:9 confidential contain column 443:14 381:8 510:24 511:1,5 500:11 505:10,15 535:23 336:7,13 436:8,9 completely confine 543:12,23 columns 476:16 514:12 528:10 350:13 contained 336:2,3 436:7 components confirm 321:13 326:1 327:9 337:11 combination 418:25 298:19 301:1 401:25 482:20 493:12 360:11 518:1 composition confirmation 494:11 537:16 combine 312:15 488:10 containing 517:2 compound confirmed 286:19 337:11 430:10 combined 542:10 300:21 449:8 454:11 455:4 494:8 495:13 496:13,20,25 313:11 320:10 489:4 518:3 compounds 468:1,3 497:2,16,24 500:18,25 520:4 295:4 315:1 338:1 confirming 512:22 combustion comprised 300:24 contaminant 286:19 496:20,24 497:17 506:2 confused 499:6 498:4 concentrated 316:9 323:13 360:8 540:17 contaminants coming 392:14 394:24 540:23 337:6 490:2 396:6 461:23 concentration confusion contaminate comment 476:23 312:17 346:1 300:8 349:10 423:8 452:7 concentrations congress contaminated commentary 350:22 391:1 284:4 499:3 539:5 350:13 concept conjecture contaminating comments 301:7 491:16 341:21 368:23 501:6 432:13,15 433:1 434:6 347:12 364:4 concern conjunction contamination commercial 289:8 350:24 372:5 376:12 509:1 520:11 297:15 426:6 428:17,25 371:16 373:16,17 498:12 391:8,15 477:14,17,21 connected 431:13 434:21 538:1 498:23 499:6,6 500:4 478:22 479:5 485:6 487:2,2 418:11 contemplated commission 491:22 492:11 493:7,9,12 consider 495:16 546:8 549:23 493:19 498:3 466:5 539:24 contended common concerned considerable 289:12 297:4 388:11 389:14 289:17 338:24 352:14,18 452:7 content 495:17,24 496:8 501:19 352:21 356:8 360:8 376:7 considerably 384:12 commonly 431:15 474:19 480:21 306:9 488:22 contents 501:14 543:16 494:2 500:10 285:1 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055982 [context - danger] context copy (cont.) correct (cont.) crd 350:23 370:14 396:20 457:7 458:19,24 460:21 510:19,21,22,25 511:3 455:16 532:13,14,19,19 400:14 401:18 423:12 469:18 472:8,10 520:17 512:9,10,16,22,23 513:8,13 533:4 443:9 453:5 534:8,11,15,22 513:15,20 514:18,24 515:3 create continue corner 516:10 519:21,23 520:2,7 493:20,23 538:23 543:11 489:17 490:12 538:12 321:18 455:5 520:16 523:14,15,19 524:3 created 544:20,20 corporate 524:6,14,15,18,22 525:15 492:21 493:5 494:3 498:5 continued 301:14 359:15,24 525:16,18 526:1 528:22 500:5,24 543:7 286:1 287:9 539:10,11 corporation 529:1 531:5,15,16,20 534:6 creates continues 301:16331:15 534:7 536:5 538:9,16,17 509:8 426:4 correct 539:17 540:9 542:20 creating continuing 288:19 289:4 292:1,7 corrections 495:8 299:4 338:8 293:12,18,25 294:9,10,15 547:5,12 credit contributed 295:20 299:17 300:23 correctly 388:7,24 388:7 301:6 303:4,24 304:9 307:8 291:8 296:21,24 297:20 creek control 308:16 309:4,9 312:4 299:14,15 305:21,23 441:8,8 511:18,19,22 485:9 541:5 313:15 320:18,22 321:8,14 306:14,17,20,24 307:6 535:14,18,20 536:1 537:14 controlled 321:18,19 322:23 323:12 313:7,20 314:22 315:11 crevecouer 490:23 328:25 331:2,5,9,15,20 337:22,24 339:3 344:6,8,10 532:22 convention 332:11,13 333:18,19 346:6,7,22 347:17,18 criticism 355:18 336:10 338:6,14 339:8,14 349:19 351:16 352:6,7 375:18 conversation 341:4 343:3,10 345:19,22 356:4,21 357:2,12 358:12 criticizing 352:12 355:23 374:11,21 346:9,10 348:9 355:10,11 360:4 372:2 392:15 393:7 375:5 379:8 408:10 453:18 355:13,14,16 357:21 359:2 400:12,13 404:7 406:4 crossed 522:25 359:24 361:5 362:6,14,22 410:17411:1 419:24 425:13,15,19,22 430:23,25 conversational 363:1,2,11,13 366:5 367:17 433:20 464:13 475:12 431:1 374:13 367:20,23 368:12,13 369:6 486:9,10 513:3 cubic convert 369:10 370:10,11,23,25 correspondence 476:21,22 506:15,21 376:23,25 383:16,17 386:2 342:18 343:6 367:15 cumming convinced 388:1 389:18 390:3,4 393:3 counsel 286:8 367:16 371:4,5 378:9 356:19 434:6 393:11,12,13,21 395:22 316:10,10 353:1 549:11,14 378:10 cook 396:4 397:18,21 398:9 count curiosity 501:15 402:14405:12,15411:8 506:16 342:4 539:25 cooked 417:10418:11,13419:18 countries curious 501:25 420:14,15 431:7,23 432:15 451:8 457:18 336:13 cooking 434:22,23,25 435:1,4 country current 500:24 509:6 437:22 438:6 440:10 441:9 363:22 288:1 336:16 455:25 525:7 cooperative 441:11,14,21 442:13,18 county curriculum 312:13,20 444:14 446:1 447:12,23 546:3 549:3,20 531:6 coosa 450:6 453:9,10,20,21 couple curves 441:9 511:20 454:13,14,17 456:15,16 326:6 332:6 416:2,4 417:13,20419:16421:14 copies 457:5 458:3,9,10,13,16,17 coupled custody 310:14 331:24 332:5 460:15,21 461:1,6 462:13 438:2 473:10 342:20 378:2 384:4 452:21 463:11,17465:23 466:9,10 course customers 453:23 457:12 459:2,8 466:20,21,25 468:10,11,24 287:19 297:10 378:6 400:6 356:7,10 500:16 503:14 468:21 472:22 535:2 470:15 472:14 473:18 410:20 467:15 cut copy 474:12,18,25 475:2,15,18 court 543:20 294:13 308:21 317:3 475:24,25 476:2 477:7,11 283:1 287:8 497:11 516:1 cv 334:11 338:9 343:8 344:8 480:16,18 481:6,24 482:6 518:18 532:8 283:1 344:12,14 345:4 346:21,24 355:9,12,15 367:19,22 380:5,12 381:3 383:10,12 384:1 387:4,9,22 389:20 398:4,18 402:2,8,17 406:8 406:10 420:13,16 448:24 448:25 453:2,3,8 455:19 484:9,14,17,20,21 485:1,15 cover 487:25 495:2,3,6,10,14,20 308:22 309:15,17 311:25 496:14,21 497:3,4 498:1,2 covers 499:19,20 500:5 501:15,20 451:13 502:6,16,20,21 503:19,23 crc 504:15 505:19 506:21,25 455:14,14 507:2 508:15,24 510:11,16 d d.v.n. 285:21 330:13 daily 294:2 danger 491:16 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055983 [dangerous - device] dangerous december demonstrated designates 491:9 310:5 311:5,6 312:25 425:14 320:9 danish 320:22 323:15 341:17 demonstrates designation 451:11 399:1 400:18 417:9 422:2 313:3 383:23 389:9 436:8 dash 486:2 499:17 502:12,19 department designed 437:2 decent 315:3 366:4 370:21,21,22 496:10 540:11 data 377:16 445:18 446:2 451:23 458:6 destroy 418:9,10 449:11 451:15 decided 532:21 533:9 334:6 336:9 368:6 466:17 481:7 488:8 296:18 410:10 432:2 depend destroyed date decimal 543:20 336:12 287:2 328:16 362:15 506:16 536:5 depending detail 376:24 385:22 387:6 decomposition 515:9 303:15 470:21 473:15 417:24 423:8 433:21 497:20 depends detailed 443:13 449:1,3 455:5 decreases 327:20 505:23,24 350:21 418:10 456:25 457:1 487:13 deposited details dated dedicated 482:4 449:11 498:9 310:5 311:6 321:17 323:11 302:2 depositing detect 323:15 341:6 343:13 346:8 deduced 440:14 438:18 519:21,22 522:1 355:5,8 358:4 359:1 360:25 393:19 deposition detected 361:1,13 362:21 367:15 deep 283:1 284:14 287:4,9 409:4 378:1 417:9 422:1,24 476:12 292:13 308:11 309:21 detecting 435:24,25 442:17 445:3,21 defendant 311:12,16,16,19 322:18 522:1 448:3 449:14,17 450:3,5,16 283:1 284:7 323:25 324:4,22,24 327:17 detection 450:18 451:21 460:19 defending 327:24 329:14 340:25 418:18458:9 516:5 519:17 475:2,23 502:19 510:10,18 415:22 354:5 358:17 365:15,18 521:12,17 525:22,24 534:5,8 defense 367:1 374:17,20 377:7 detector dates 502:24,25 382:15 386:15,17 415:6,9 419:7,8,11 520:19 525:10 321:21 322:2 458:25 defined 415:14460:1,4,11,13467:6 525:11 527:12 530:12 469:15 328:7,8 487:1 472:7 481:20,23 482:21 detectors dating defining 484:7,13 494:14 498:17 443:17 302:9 351:10 509:24 522:15 544:12,20 determine dave definition 545:6,7,19 547:3,4,7,8 289:24 301:17 344:7 286:5 355:21 356:12 448:4 366:21,25 511:9,13,14 549:5,7,13 391:15399:14426:6 448:23 454:8 definitive depositions 428:11 429:9 434:14 438:3 david 421:8,8 422:12 382:13 383:6 439:2 462:11 463:10 464:7 292:20 333:11 336:22 definitively derive 475:9 479:5 493:23 509:6 341:3 342:18 343:6 359:1 422:9 359:16 511:21 day degradability derived determined 284:18 288:1 290:5 325:23 463:17 501:23 439:11 477:24 478:13 356:1 453:12 464:5 501:4 degradation describe 490:21 491:1 516:14 522:16 544:17 392:11 460:20 463:5 466:8 346:18 435:16,17 determining 546:5 471:16 475:9 480:23 481:2 described 303:12 396:1,5 days 481:18 468:8 469:21 develop 295:8 363:4 456:10 459:9 degrade describes 442:11 479:7 527:20 545:7 460:24 303:23 346:19 393:1 developed dde degraded 470:21 303:7 316:2 505:7 297:6 317:10 462:3,18 478:20 479:16 describing developing ddt 480:3 315:18 288:24 377:13 296:7 297:6 317:10 337:8 degree description development 337:12 394:12 486:13 431:8479:17 304:2,3 321:16 324:3 476:6 440:3 dead delay 476:9 535:20 device 504:5,13 290:21 descriptions 418:8 438:2,23,24 439:1,2 deal delighted 535:13 439:11 517:10,15 521:8,20 477:14 478:2 499:20 344:21 designated 523:12 527:2 528:18,20 dealing delivery 310:6 320:13 424:22 529:1,4,10 530:20 327:10 328:13 429:10 443:16,18 436:16 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055984 [devise - dsw] devise 522:1 devised 466:20 diameter 476:11 dibenzofuran 498:11,22 dibenzofurans 491:4,5 492:11,24 493:10 493:13,20,24 494:2 499:5 499:13 509:8 dielectrics 332:22 dif 425:18 difference 310:8519:10,16,17,18,18 524:19 534:24 different 295:4 321:6 325:21 350:8 360:16 384:5,7,25 385:14 414:2 437:7 457:19,20 495:18 519:20 529:8 differential 318:4 differentiate 373:15 difficult 325:17 399:21,22 425:11 426:15,24 427:17 447:3 453:2,3 difficulty 352:2 399:20 diligence 448:2 diligent 447:22,24 dimensions 476:20 diphenyl 346:5 diphenyls 344:2 346:20 349:15 350:20 352:3 353:13 direct 308:19 directing 502:23 direction 495:1 549:10 directly 308:16 388:22 director 298:15 333:3 369:16 370:16 379:3 dirt division donald 514:8 283:1 370:17 371:12 475:7 284:12 381:6 382:6,11 disagree 528:14 door 396:10 doctor 397:6 disagreement 318:6,9 325:9 326:22 doubt 298:18 328:21 345:19 380:20 295:15 305:19 306:5,8 disconnect 413:4 424:14 427:12 346:3 379:2 382:10 384:9 528:1 430:16 431:21 438:11 420:18,19 433:12 discover 456:22,22 463:14 488:14 doubtful 376:13 527:9 528:5,7 530:17 531:2 527:22 discrete 532:8 533:2 542:21 downstream 525:9 document 441:20 482:5 511:22 discuss 292:8 293:3 294:16 295:17 dr 342:8,10 390:7 296:22 297:10 298:7 299:5 287:4 290:8,11,13,14,15 discussed 309:13,14 310:2 311:3 292:4 293:12 295:17,18 288:14 292:6 293:21 316:17 317:4 324:6,21,23 298:14 299:16 304:15 294:25 311:4 338:17 325:3,5 327:23 330:1,3,6 305:22 307:23 308:14,20 350:21 361:8 390:13 331:19 336:14 340:12,13 309:2,5,22,22 310:17 311:4 395:12 450:22 455:16 340:15 342:24 343:17,20 312:1,14 317:1 321:7,7,17 456:7 484:25 500:14 536:7 346:8 352:25 355:1 358:15 322:6 323:15 325:18 536:8 538:5 544:23 358:22 361:13 362:18 328:23,23 330:3,14 333:1,3 discusses 366:7,10,11 367:3 379:23 336:22 339:6,6 340:10 390:12,16,16 391:6 380:8 384:4 387:3,14,17 341:17 342:21,22 343:8,9 discussing 390:6,7 417:2,4,5,7 420:25 350:10 354:25 355:4,15,20 344:4 451:11 499:16,24 421:12 422:18,19 423:1,22 358:4,12,24 359:1 361:5 532:18 424:15 428:4 435:7 441:22 362:19,25 363:4,10 364:4,9 discussion 442:15 444:8 445:3,14,16 364:18,20 365:18 366:20 335:5 412:20 451:25 460:9 465:13 467:21 470:4 367:5,19,22 369:6,16,24 453:11 544:6 472:9,15 475:21 482:24 370:12,15 371:25 373:2 discussions 483:5,10,11 484:16,18 374:17,23 375:4 378:3,21 374:13 450:23 537:23 494:10,18,20 496:23 378:23 379:14,21 380:2,5,6 disposal 532:17,20 533:3 534:3 380:24 386:17,22 387:2,25 352:4 535:5 390:8 402:6,14 408:18 disposing documented 413:9,14415:2 419:18 352:2 388:14 390:5 487:1 431:7 432:25 440:1 445:13 disprove documents 451:22 453:8 456:7 458:11 432:23 309:20 321:22 328:15 458:15 460:4,7 468:10 dispute 341:8,25 342:11 353:25 477:23 484:2,5 490:4 425:11 426:15,24 427:10 361:17 366:1 385:20 499:15 500:22 504:24 427:17 429:15 403:22 415:5,7,12,19 416:4 519:8 522:11,25 531:18,18 disseminated 416:13 423:24 441:25 537:11 544:21 514:25 449:18,24 454:21 465:8 draft distillation 472:6,11 473:8 474:5 387:4 389:16,19 391:23 543:15,16,20,22 482:20 484:6,12 509:23 484:23 distinguished 510:2,8 534:3,21,25 535:2 drafted 405:14,16 542:23 544:11,22 425:19 distributed doing draw 381:10495:17 289:25 302:2 329:20 341:19 426:22 distribution 344:10 345:4 374:14 375:2 drawn 337:9 385:4 390:17 391:19 353:14 district 397:24 398:10 405:22 drs 283:1,1 407:23 411:16 424:9 516:3,16 519:24 521:7 disturbance 432:21 439:21 442:13 dsw 481:16 491:20 509:13 528:6 417:3 435:8 442:17 445:5 disturbed 539:23 542:1 454:25 467:19 468:23 481:11 472:23,23 475:21 502:14 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055985 [dsw - establishment] dsw (cont.) eaten elmer entitled (cont.) 510:9 501:9,12 286:10,12,14 334:22,23 511:8 due eating 335:1 369:2,3 377:24 environment 419:12 481:10 499:22,22 507:18 380:13 435:9,23 451:23 288:18 289:10,25 434:7 dug ec 455:3,6,10 460:18 463:25 440:14 441:2 460:24 462:4 476:12 438:9 440:19 450:10,10 466:13,14 462:12,18 463:11 464:21 duly 518:23 eluding 478:3,20 480:3,15,21 481:5 287:8 549:7 ecd 501:18 485:4 486:23 490:10,20 duplicate 419:13 emergency 515:6,16 425:20 ecological 364:1 environmental duplicates 314:6 485:7 emery 288:6 290:22 318:16 462:24 ed 529:17 319:12 329:5,21 404:12 dust 440:3 529:17 emitting 411:12 430:23 431:22 515:1 eddie 525:3 432:13,15 434:1 435:3 duty 537:19 emmet 438:4 439:3,12 440:5 301:17 education 286:3,5 333:1 334:20,21 441:20 444:17447:14 dw 317:19 321:23 335:10 339:22 343:9 355:4 461:5,18 462:23 479:20 450:10,10 effect 355:7 359:1 367:19 369:6 482:10 485:13 490:2 e 347:15 349:5,17 379:3 503:23 514:22 515:18 e.g. 298:4 e.k. effects 289:12 463:4 487:3 492:8 492:19 emphasise 346:2 employ 517:4 518:5 521:17,21 522:2,12 530:13 536:12 537:10 335:10,11 eagle effluent 510:21 533:16 employed epw 334:19 335:3 368:12,15 291:10 303:5 314:7 eagles 302:9 451:3 effluents 510:23 effort 491:25 531:23 543:16 549:11,15 employee 369:1 equal 306:7 earlier 290:23 293:8 294:12,25 312:13,20 452:7 463:16 489:13 515:4 528:24 549:14 employees equally 296:6 297:4 301:25 316:19,25 318:3 322:11,20 328:7 333:12 335:14 341:9 345:20 346:1 efforts 463:9 eight 530:5 employment 533:14 equilibrate 514:1 equipment 346:10 361:9 363:4 366:1 368:5 369:10,15 370:19 314:11,16443:18 either enclose 346:21 377:12,12 419:25 443:24 444:13,16 446:6,12 372:15 385:17 390:5 395:12,23 398:9,18 401:14 298:25 302:24 336:1 energy 341:15,15,16 369:5 376:6 514:3 errata 285:6 547:14 402:10,16,25 403:17 398:3 405:8 439:10 462:3 england especially 405:25 410:4 414:5 429:3 437:12 441:3 442:20 449:19 468:2 473:5 477:12 470:7 474:9 524:8,10 538:1 541:5,18 electrical 331:2,4,8,17 498:9 english 414:4 289:16 332:21 356:8 430:24 esquire 483:12,14,20 490:6 503:24 527:5 528:19,23 532:11,25 533:7 534:22,25 536:7,8 537:18 303:19 349:16 392:8 424:1 electron 418:7 419:8 438:2,22 439:10,20 485:18 516:5,12 enriched 314:6 entertain 545:8 284:3,8 essence 369:12 390:1 479:16 essentially early 516:18,25 517:10,15,25 entire 300:22 303:23 309:22 312:21 328:25 398:16,25 421:5 458:13 480:21 easier 308:9 518:21 519:11 520:11,18 303:6 309:14 443:6 533:14 314:15 321:5 384:2 400:16 521:8,19 523:12 524:21 537:22 426:13 535:7 525:3,4,24 526:18 527:1,12 entirely establish 528:17,20,25 529:3,10 360:16 415:4 463:16 465:11 483:7 518:5 easily 530:6,12,20 entirety 540:6 497:15 eastern electronic 390:19411:11 419:10 383:4 entitled established 302:10 303:15 305:9 283:1 eat electrophoresis 318:7 318:10 325:11,16 338:10 349:5 399:15 422:25 369:15 431:19,21 433:6,18 468:14 474:16 485:19,22 501:14 eliminate 346:1 423:22 460:20 469:8 establishment 470:12 476:1 485:1 510:20 473:15 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055986 [estimate - familiar] estimate examples expeditiously extrapolation 316:3 511:25 317:24 458:1 487:14,19 489:7__________ estimated exceeded experience f 436:13 505:8 490:19 289:8 360:9 394:12 444:6 face estimates 446:17 exception 487:9 385:16 410:19 423:7 489:8 experiment 512:3 facilities et 535:8,10 465:1,3 496:19 497:1,10,14 331:4 533:20 283:1 285:22 337:6 454:12 excerpt 489:19 484:6 europe excerpts 498:14 experimental 463:16 487:8,18 facility 331:1,1 fact 292:18 304:10 329:17,20 331:14 340:5 343:7 348:9 353:15,18 356:7 451:10 462:2 296:24 excised 541:17 excuse experiments 426:8,11 430:6 431:17 expert 287:13,15,18,20 406:13 290:11,20 292:4 294:24 295:5,6 298:17,22 299:16 300:23,25 302:18 303:3 304:16 306:19 307:7,11 european 455:14 440:24 465:5 308:1,13 328:23 334:1 452:12 evaluate exercise 312:24 expertise 287:18 335:9 346:15 357:1 358:14 361:2,20 365:6 372:13 357:10 358:10 360:3 363:9 exhibit expired 364:8 391:14 421:7 465:1 285:18,20 286:16 292:13 319:19 381:20 387:20 389:7 395:3 395:16 404:13 405:16 evans 333:14,15 event 292:16 308:11 309:20,25 expires 310:3,6 311:3,22,23,23,24 546:8 549:23 315:17,19 316:4,16,17,25 explain 429:2 431:21 432:15 435:2 440:23 441:6,12 451:2 461:19468:19479:12,14 371:13 382:3 386:20 eventually 320:16 321:5,13 322:9,13 322:18,24 323:10,18,25 310:24 325:10 462:5 465:4 465:5 480:8 504:19 483:7 484:11 485:16 499:15,25 502:12 517:6 307:9,9,11 431:9 441:13 442:4 everybody 324:18 325:21,22,24 326:1 explained 326:3,15,16,17,25 327:9,16 356:12 479:17 327:17 329:11,14,24 explaining 518:20 519:14 523:18 538:22 539:8 factories 356:18 388:25 401:4 479:11,25 480:21 496:11 330:10,12 332:10 336:19 474:1 340:25 341:2,8,18 342:16 explanation 349:13 factors 496:17,17 evidence 337:13 390:9 465:22 343:1,3,5 345:19 354:5,9 311:1 474:10 354:10,24 355:3 358:17,20 explanations 358:23,24 361:21,22,24,25 303:1 485:7 facts 300:24 306:8 395:6 515:15 486:21 487:18 494:6 511:21 362:5 363:3 365:15,22 exposed 366:21,24 367:1,14 369:12 394:7,14 failure 545:5 evident 397:14 480:25 486:12 370:9 376:10,22,24 377:4 exposure 377:21,23 379:17,22 380:1 350:21,22 466:19 fair 298:8 300:7,14,15 331:7,11 511:16 380:2,9,11,25 382:12,12,14 expressed 375:8 377:13 386:18 evolutionary 291:2 exact 382:25 383:1,4,5,14,15,18 480:22 384:21,22 385:13,13,21,22 expressing 386:14,15,16,21 391:24 399:20 387:14 400:20 401:22,24 427:8,21 443:19 453:15 464:22,22 465:5,16 478:6 402:23 412:4 exactly 289:21 300:4 314:17 327:14 328:12 337:23 415:10,13416:5,9,13 424:25 435:5,7 460:1,8,13 460:17 463:14 467:2,3,6,8 467:18,25 474:22 494:13 extensively 392:7 extent 307:25 310:1 330:20 478:21 491:23,25 508:21 510:7 525:25 fairly 392:25 414:3 480:12 383:2 384:12 411:5 412:9 494:14 498:17,20 350:10 351:10 462:12 490:25 421:24 441:3 481:22 509:3 exhibits 464:20,20 505:4 513:8 510:17 285:11 286:1,22 311:12,14 external examination 311:14,15,15 377:7 385:12 511:15 285:2,4 287:10 existed extra fairness 377:16 406:16 427:14 477:23 488:14 490:4 fall examined 447:13,16 331:24 332:5 344:12,13 436:13,16,23 437:8,16 297:22 299:6 302:9 488:23 exists example 511:16,19 433:8 534:11,15 extract 439:22 440:14 478:18 512:25 539:9 291:7 298:4 383:17 404:15 expand 418:19 479:18 481:21 414:5 518:4 extracts familiar 288:3,4 292:21 334:16,19 515:2 expeditious 290:9 291:10 517:4 335:22 378:14,19 390:15 405:11 417:24 543:7 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055987 [family - former] family fifth fireproof focus 299:7 466:3 303:19 312:8 far fight first focused 359:12 360:7 376:7 392:15 360:22 362:19 287:17 291:7 307:2 308:18 525:23 394:4 431:15 441:1 457:5 figure 311:2,18 312:2,10 317:3 focusing 474:18 488:23 490:1 491:9 404:23 424:7 318:15319:11 320:17 368:25 544:23 filament 321:6 327:8,23 328:9 330:9 folks fashion 525:2 333:22 334:2,4 336:24 319:12 433:24 459:5 377:19 414:4 420:3 459:12 file 337:21 343:21 345:17,21 follow 463:22 500:2 334:6,8 336:7 368:6 383:23 347:4 349:4 355:19 359:4 392:2 fast 448:25 359:19 360:3,23 361:7 followed 457:11 514:3 files 362:20 366:9 372:24 380:1 436:9 441:13 489:13 faster 346:21 464:11 380:16,17,20,25 381:13 following 308:10 filing 382:19 383:14,15 385:12 426:7,8 522:21 fat 423:13,14 387:8 392:25 404:6,22,23 follows 487:6 504:16 505:3,8 filled 417:2 419:25 420:23 422:2 287:9 436:6 476:10 fate 476:16 426:14 430:7 432:2,5 food 463:10 464:20 final 434:20 435:2,15 436:25 304:18 fax 466:15 442:22,24 443:2,2,4,22 foot 284:5,10 397:7 finally 444:25 450:20 456:24 527:21 feathers 339:5 455:13,15 457:2,4 458:3 464:12 465:11 467:9 footnote 291:11 303:5 financially 472:25 474:2 475:4,12 320:8 437:5 features 549:15 477:1 480:11 482:24 485:3 footnotes 355:22 financing 485:10 486:20 491:3 436:20 february 356:18 493:14,18 496:11 516:4,22 ford 355:5,8,25 358:4,12 359:1 find 517:1,2 518:1 520:22,23 285:15 308:15,23 311:5 361:1 362:21 364:4 435:12 294:1 313:23 340:3 388:16 522:9 525:25 526:13 312:2 313:4 435:21 436:1 440:12 410:2 411:12425:10 528:24 529:6 530:11 foregoing 443:12,21 444:25 445:3,21 426:15,23 436:2 442:7 535:13,13 541:11 542:10 549:5,7 449:17 450:5,7 454:17 451:12 452:5 458:8 468:7 fish foreign 455:3 456:6,10 457:9 473:6,7 482:12 494:5,6 297:23,25 299:24 337:6 373:17 458:19 459:16 531:8,9 500:23 505:22 506:12 372:7 392:5 408:23 409:2 forest fed 515:4 535:17 542:25 547:5 417:14419:16421:14 481:4,11,23 540:3 finding 425:17 508:14,22 form feeding 329:4 390:2,8 391:4,6 fisheries 289:13 290:2,17,24 295:10 297:18 430:14 431:3 402:3 411:16 462:17 463:3 371:17 296:14 300:11 301:4,22 539:22 540:10 541:5,9,12 findings fishes 302:21 303:25 304:20 feel 293:21 338:19 488:10 297:2 305:5,15 306:15,25 307:13 310:1 327:19 375:24 443:7 505:21 522:12 fit 307:24 308:4 309:7 313:1 528:9 fine 366:20,25 474:17 315:20 316:22 318:19 feeling 318:11 319:7 326:9 334:17 fits 329:1 330:19 363:20 334:13 375:20 499:4 334:24 355:3 382:2 402:11 503:16 364:25 372:9 376:17 391:9 fell 403:18 450:1 459:22 465:7 five 397:19 427:20,23 430:8 344:1 483:17 493:17 496:6 299:10 314:12,16 365:17 432:7,16 433:4 447:4 fellow 510:16 518:25 536:18 424:1 475:5 458:20 461:21 478:4,10,23 387:10 537:1 floor 479:4 482:7 487:24 490:14 fellows finger 284:16 491:11 496:15500:19 317:19 343:15 446:5 florida 501:21 507:19 509:10,18 felt fingerprints 464:3,5,17 465:15 470:13 516:20 520:14 521:2 421:5 461:19 462:23 475:6 476:2 480:4 481:4,23 523:21 530:23 536:14 ff finish fluids 547:12 383:21 423:10,11 448:25 318:10 325:9 330:5 373:2,4 369:17 370:16 371:1,10 format fide 519:4 527:7,11 383:22 423:12 389:16 398:13 finished focal former field 330:7 483:11 447:17 394:21 319:15 328:25 329:3 487:9 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055988 [forms - going] forms free gathered given 487:15 489:7 302:13 327:19 446:13,18 466:25 474:13 289:2 290:7 291:20 293:5 formulation 511:17 gathering 310:16311:19324:19 291:14 frequently 473:25 532:12 327:3 363:18,25 364:1 forth 336:22 462:1 297:11,17 339:23 friday gc 313:10,11 318:15419:13 375:19 376:22 526:13 531:3,7,14,19 fortunately 518:17 425:25 429:8,19 433:9,18 gives 349:9 front 433:23 438:9 439:10,10 302:24 401:21 481:7 forty 317:7 415:20 469:1,2 440:3,3,19 520:4,19 giving 475:5 502:18 542:23 gee 311:18345:16375:10 forward full 291:5,6 420:11 388:6 510:7 522:15 287:15 356:2 376:3,4 428:19,21 446:21,24,25 gene glad 449:11 545:7 286:3 355:5,7 315:6 325:23 347:19 found function general glc 288:17 291:9 293:12 296:3 308:7 319:5 380:14 423:21 424:9 417:13,20 297:11,13,14,17,23 298:3 functional 424:10 435:23 441:24 glcs 299:7,8 302:18 304:17,17 369:17 370:16 371:1,10 442:1 452:16 492:2,25 417:22 313:13 314:7 337:10 383:21 423:12 500:17 glen 347:10,16 356:20 371:20 furan generalized 535:14,14,18,20 536:1 376:15 391:12 395:11 496:9 350:23 537:14 407:16 408:21 410:9 411:3 furans generally glenn 425:23 426:1 428:23 491:21 492:21,23 493:5 333:23 348:5 350:4 377:9 537:19 433:13 436:10,15,17 437:5 494:6,6 497:25 498:5 500:5 377:13 401:25 403:23 globule 437:21 439:23 440:18,23 500:23 502:7,10 416:15 444:4,14 445:15 512:2,8,12,14,20 513:10 440:23 441:19 442:4 furnish 463:24 539:14 514:4 450:25 451:3 453:19 547:14 generate globules 458:11,15 477:1 480:11 further 539:22 511:17513:14 481:22 485:14 486:23 488:24 489:24 504:5,18 288:22 295:16 307:20 generated 312:5 315:7 350:18 351:13 417:21 488:9 492:6,13 go 309:9,11 310:24 345:9,15 506:2,8 507:3 512:25 513:3 357:9 358:9 363:5,8 364:7 generically 353:5 377:3 384:1 388:16 513:9 514:19,20 535:23 364:21 389:5 394:19 409:1 372:21 424:3 389:5,23 402:17 412:8,21 536:1 542:17 409:1 441:7,14,16 442:5 gentleman 415:13 416:3 426:3 442:1 four 451:8,15 465:6 549:13 464:1 467:4 483:1,8,8 488:15 287:3 317:21 319:18 future gentleman's 494:12,16 497:11 509:22 352:24 428:10,15 430:1,4,4 349:21 381:12 320:2 509:24 510:1 518:10,12,14 430:6 431:6,8,10,14 446:11 g 472:13,13,18 506:17 536:6 gainesboro fourth 4644 424:15 430:14 431:3 437:25 446:7 465:18,24 gainesville 464:4 470:13 476:5 506:14 fragment gaining 351 13 525:12 fragmented galapagos 40Q5 525:5 gas fragments 525:5,6 frame 291:25 327:7 461:10 295:19 314:4 315:16 317:25 319:18,20 320:6 404 4 417 24 25 418 1 8 9 419:9 438:1 439:19 486:7 474:16 499:24 519:25 516:4,17,24 517:3,8,16,17 frames 400:22 517:24 519:11,12 520:1,11 521:24 522:13 523:4,16 frank 345:5 524 16 525 23 gather frankly 352:13,24 445:10 526:22 377:11,11 447:12,21 533:17 gentlemen 379:11 gerry 417:12,18,19419:15,21 420:3,7 422:16 442:19 gerry's 418:3 getting 298:20 377:2 405:23 406:3 458:18 527:10 girl 299:9,12 gist 468:6 give 302:16 315:6 325:16 326:5 326:6 328:19 332:4 350:7 373:4 374:16 375:11 381:11 388:24 464:19 506:17 542:19 519:2 525:4 536:19 542:24 544:2 545:2,13 goes 312:5 368:21 388:21 going 292:9 296:11,19 303:13 325:12 326:5,7,8,12 327:20 329:6 331:21 334:19 340:17 348:5 354:12 355:9 356:15 357:5,18,20 363:3 366:23 367:9,13 375:12 377:3 381:16 386:23,24 389:22,24 391:25 392:19 395:3 396:25 401:7 403:3 406:21 408:12 409:6,25 410:3 415:2,3,12,20 416:10 416:15419:6 420:13 421:16422:18424:8,18 433:9 442:5,7 449:4 459:7 460:7 464:6 465:9 467:3,17 472:2 482:6 488:5,6 490:10 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055989 [going - human] going (cont.) grow happening hewlett 493:15 494:12 502:23 394:6 363:22 366:19 396:2,3,3 443:16 503:12 509:22,24 510:1,6,7 guarantee 451:9 high 516:1,10 517:20 534:2 335:3 541:4 happens 303:21 443:17 500:11 537:5 guess 357:8 358:7 363:6 364:6,22 higher golly 383:23 474:19 488:14 464:21 478:14,15 479:18 488:11 408:16 532:19,25 541:19 happy 488:22 489:3 490:7,8,17 good gunnar 344:18 376:1 445:7 476:8 515:14 543:19,23 544:1 332:4 344:15 368:23 285:15 308:23 309:1 315:9 510:5 highlighted 373:21 377:16 414:4 338:12 410:7 hard 382:19 391:25 392:22 473:10 508:25 512:8 532:9 guys 386:23 397:13 534:16,19 388:9____________________ harder highlighting gotten h 308:9 382:16 384:8,14 474:6 habit hardy highly government 289:5 285:21 330:13,14 336:20 392:12 356:9 372:6 376:14 503:13 graduate hair 299:8,10 341:16 342:21 343:8 hardy's hint 302:16,24 498:3 523:15,18,20 graduates half 290:16,20 364:20 439:24 348:13 harm hit 525:10,11 317:20 graham 333:5 440:4 499:18 527:21 hallmark 319:13 486:24 hate 528:1 hodges 510:10,14 hog grams 476:21,22 ham 501:9,16,23,25 hatfield 469:11 473:15 502:4,16 503:19 504:4,8 505:1,3,3 509:6 graves 284:12 gravitates hand 318:23,24 321:18 329:23 366:23 377:21 400:4 448:1 hazards 450:24 head hogs 501:15 507:18 508:2 hold 301:10 gravitating 448:3 449:16 454:25 455:4 451:19 456:8,9 460:7 309:6 headed 317:17 319:20 383:7 331:23 hole 301:19 gravity 476:20 463:8,14 467:8 468:20 475:20 handed 371:2 headlines 346:17 336:15,16476:11,15 482:11 holmes great 399:12 403:2,6,15 404:2,17 365:21 379:25 442:15 445:14 484:5 health 349:18 404:24,25 452:18 home 425:7 452:11 477:14 478:2 478:17 485:6 handing 484:5 hear 329:19 508:1 509:13 404:24 513:17 honest greater handle heard 324:17 344:13 345:6 491:14,21 green 371:17 490:20 handling 306:13 307:10 503:10 413:4,6 538:5 heat 303:18,19 467:12 honesty 289:7 greene 284:9 greensboro 284:9 handwriting 423:5,7,9,10 534:20 535:3 handwritten 294:16 319:8 367:24 heavier 543:13 heir 299:7 hooked 418:7 hope 300:2 375:19 greenville 383:13 422:19 468:20,22 held hopeful 311:20 324:5 522:16 greets 312:2 gren 469:7,10,13 470:10 473:20 473:21,22,24 hang 325:7 471:18 381:8 helms 284:8,16 help 351:9 horrified 346:16 howard 293:22 happen 404:20 426:6 428:10 378:11 group 295:4 296:4 369:17 370:17 457:11 495:22,25 518:17 540:25 helped 431:14 huh 473:3 370:20,25 491:5 529:18 groups happened 327:11 328:13,20 363:17 helpful 344:24 351:13 352:5 hum 361:6 378:19 371:2,11 470:16 515:8 henry 285:13 307:8 human 299:23 300:8 301:2 304:17 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055990 [human - instrumentation] human (cont.) immediate increasing information (cont.) 356:14 486:24 487:16 443:20 487:14 487:5 490:16491:17492:2,6,8,13 humans impacted incrementally 492:16 498:22 505:4 299:17 301:18,19,20 289:18 308:4 476:14 507:23 520:10 531:17,22 hunt implication indicate informations 378:16,16,18,20,20,22,23 365:7 368:1 354:11 315:7 379:13 implies indicated infrared hydraulic 330:20 543:14 295:16 323:9 359:23 381:9 318:1 303:20 implying 398:19 402:16 405:25 ingested hydrocarbon 326:16 396:20 424:2 436:11 442:22 473:5 499:9 392:19 485:17 487:25 503:17 477:12 504:16 inhibited hydrocarbons importance indicates 470:1 297:5 485:5 486:23 487:10 376:12 391:8,13,14 298:2 312:1,13 383:25 initial 490:8 491:7 important 421:14 436:5 473:13 328:16 376:23 377:2,10 hydrophobic 289:3 304:16,22 305:3,4,7 indicating 436:7 449:9 454:11 479:5 514:9,10 305:10,11 310:10312:16 297:14 359:11 426:20 481:13500:6 521:11,12 hyphen 312:19 325:19 353:4 427:1 456:23 initially 437:3 360:12 373:15 376:19 indication 288:18 372:16 461:8 hypothetical 389:11 443:7 447:18 461:3 303:9 354:16 501:5 469:22 489:11 527:15 308:1 461:7,8,11,12468:17 indirectly 542:3 i 471:15479:13 388:23 initials i.e. 346 5 387 9 51515 ibt 540:8,10,22,22 541:8,9 ibt's 54T5 identical 337 14 impossible 411:22 impregnation 481:14 impression 289:1 inch 477:2 480:11 individual 389:8 individuals 295:13 indulging 326:20 industrial 392:6 393:9 394:9 429:24 294:20 333:21 334:5,6,8,18 334:20 335:1,11,12,20 359:13,22 368:6,12 369:1,3 369:7,8 378:6 405:8 452:19 533:5 input 375:1 inquiry identification 292:14 308:12 311:13 329:15 337:4 340:6 341:1 inches 476:11,12 477:1 incident 488:22 539:17,19 540:17 industry 306:12 307:10 392:7 461:13 insecticides 337:8 347:11 343:24 354:6 358:18 365:16 367:2 377:8 410:4 499:1,2,16 incineration inevitability 395:2 insoluble 514:4 425:11,25 426:15,24 427:16 429:8 449:8 460:2 430:9 include inevitable 392:13 394:23 installed 446:19 470:14 467:7 494:15 498:18 331:19 infer instance identifications 288:21 identified included 416:5,9,13 455:19 500:4 includes 382:1 inform 313:8 420:22 424:12 506:1 instances 465:21 285:12 286:2 291:10 313:9 346:20 372:16 403:6 404:3 440 4 7 9 identify 523:25 including 305:8 316:3 336:21 373:17 378:2 487:15 496:12 information 293:5,11,14 298:23 300:17 303:2 307:22 308:6 321:6 321:13 322:7 324:1,18 instant 545:19 institute 298:16313:12315:4 347:9 369:9 394:1 401:20 515:22 325:25 327:3,6,9 328:2 338:20,22 344:4 400:10 403:24 410:21 429:20,23 431:18 439:15 452:8 identifying 329:21 445:22 452:11 inclusive 288:11 incorporated 324:18 350:21 354:23 355:24 356:13 357:6,10 358:6,10 359:5,19,20 363:9 364:8 374:7 375:11,12 377:11 institutions 524:8,11 instructed 307:10 486:4 incorrect 381:12 388:18 390:23 instructive ii 283:1 284:14 285:1,11 396:16 451:4 458:14,22 394:4 398:15,25 400:16,17 422:11 466:22 467:4 481:12 516:9 401:9,24 402:1,23 411:4,14 instrument 286 1 iii 517:18521:1,5 increase 421:4 422:10,13 426:21 434:10 427:7 432:9 451:5 464:19 instrumentation 283:1 284:15 285:3 287:4,6 356:10 511:8 468:12,22 469:10 473:12 479:11,16,24 480:1,13 317:25 446:14 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055991 [insulation - kind] insulation introduced item (cont.) journal 303:19 469:24 485:7 524:25 405:20 424:16,22,24 298:24 350:25 399:23 insulators intuiting 511:15 400:4 401:15 405:11,15 392:9 367:5 items 453:25 454:1,2,3 459:14 insure invented 319:22,23 326:13 430:1,5,6 journals 489:20 388:9 431:14 457:15 459:8 479:11 intend investigate j jtdg 386:10,12 429:5 537:6 intended 384:1 431:17481:18 394:19 investigated 376:14 jacks 284:3 james 335:24 judge 342:13 532:10 intent 466:22 499:10 intention investigating 303:11 361:4 investigation 324:20 327:4,6 328:3 329:9 284:3 january 286:7 336:19,25 343:13,16 346:9 341:16 348:13 july 293:6 307:23 322:8 324:20 327:4 328:3 361:2,13,23 362:5 363:1,19 447:11 442:9,11 346:4 424:23 426:14 428:3 458:2 459:15 474:14 intentionally 394:13 515:6 involve 489:11 500:6 442:17 447:1 448:4,20 449:15 450:17,19 451:21 520:22 531:10 jump interchangeably 372:21 involved 287:24 291:4 332:15,21 453:13 454:7,8 456:9 jaoac 291:17 400:24 527:11 jumps interchanged 360:9 interest 344:4 351:8 360:24 362:21 420:8,9 526:4 537:21,23 540:7 543:21 455:18 japanese 499:3 500:24 482:16 june 367:16370:13371:13 478:17 492:18 interested involves 491:16 jensen 288:16 290:14 293:12,15 464:5 465:20 473:14 474:22 475:2,15 480:22 388:15 389:3 462:17 463:3 ion 549:16 318:5 interesting iowa 295:17,18 297:1,11 298:10 298:17,18 299:6 302:8 511:20 522:17 531:10 k 309:5 313:12 319:25 320:7 kanachlor 438:14 interestingly 524:4 ira 320:18 321:7 328:23 337:12 338:12,20,23 499:2 keep 318:12 319:9 interests 443:5 469:11 473:14 irrelevant 314:15 349:13 350:17 351:4,9 356:19 371:21 390:20 397:16 398:25 400:3 326:8 447:22 455:25 478:21 keeping interfacing 503:13 islands 409:3 401:10 410:7 438:22 449:8 406:16 449:10,10 450:19 452:14 keller interfere 489:5 isolate 498:10 453:24 454:10 455:24 457:8 458:3 459:5 486:3 286:17 335:12,13 355:12 369:6 378:4,5,15 383:17 interfering isolating 516:3,16,24 517:6,15,24 384:1 448:22 450:8 455:9 425:12 426:16,17,25 427:16 international 498:22 isomer 419:22 420:1 519:24 520:18 521:7 522:24 531:18 jensen's 468:10 473:1 474:25 503:21 522:11,25 keller's 304:5 interpret 414:7 417:15 interpretation isomers 340:3 351:15 410:13 420:5 449:10 454:12 462:6 478:15 479:15 489:24 290:8,13 298:15,16 307:23 355:15 309:22 338:18 347:8,13 kelly 361:5 362:25 372:15 400:7 286:3,5 333:1,3 335:10 402:2 451:11 454:10 336:22 339:22 342:22 453:15 515:14 joac 343:9 355:4,7,20 358:4,12 interpreted 417:17,18 interruption 397:6 isotope 320:7 issue 323:13 375:24 502:24 454:2 job 362:24 374:16,19 375:3 444:5 445:19 359:1 362:19 364:9,20 367:5,19 369:6 378:3,15,21 378:22 379:3,14 380:5 385:23 386:4 455:10 interstate 503:10 jobs kelly's 284:17 intervals issued 502:13,15 362:7 johnson 363:4,10 364:4 366:20 367:22 378:23 386:17,17 443:15 intimated issues 455:23 456:1 503:3,4,7 284:17 378:13,15 455:9 joined kent 337:2 322:19 item 326:14 403:9,12,13,20,22 516:17 kind 289:11,19 297:23,25 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055992 [kind - located] kind (cont.) known leave lindane 304:11 312:12 319:12 337:9 395:17 443:16 487:4 451:20 297:6 317:11 340:8 348:11 367:14 kuhlman leaves line 374:12 384:10,11 386:25 449:7 437:10 312:22 344:1 378:21 387:7 393:1 400:17410:19 kuhn leaving 522:22 547:6,16,18,20,22 411:17 413:22,24 418:3 443:20 510:10,12,13,15 440:13 547:24 548:1,3,5,7,9,11,13 420:5 442:12 459:5 481:23 I led 548:15,17,19,21,23 486:24 503:16 kinds 304:10 363:21 447:17 lab 444:14,19 446:13,18,20 447:2 431:11 left 489:25 510:4 lipid 299:25 320:4 392:13 505:20,22,23,23 506:2,4 495:18 kingdom 330:21 knew label 437:15 labeled 325:6 440:22 484:23 legible 392:3 407:2 length 287:23 401:8 507:4 509:7 liquid 404:4 417:25 list 295:15 331:13,16 332:13 539:12 letter 355:22 388:3 444:13,16 333:13 342:3 376:5 394:14 396:15 437:15,18 458:2,5,7 laboratories 425:16 433:19 448:18 285:13,15 292:10,15,16,20 547:6 292:23 293:11 294:8 295:9 listed 465:18 466:2 470:8 495:24 496:11,17,18 500:14,15 laboratory 315:8 317:23 321:17 324:3 306:4 308:14,22 309:12,15 465:12 309:17 310:5 311:4,25,25 lists 501:20 504:13 532:18 knock 397:5 337:1 348:14,15 432:2,5 lake 371:19 372:8 376:14,16 313:3,6,8,23 315:10,14 320:21 323:10,15 332:24 338:5 351:10 355:4,25 317:24 319:18,24 320:2,7 452:14 literature know 289:9 291:11 300:3,5 landfill 504:5 358:3,25 372:2 425:17 465:25 360:14 388:21 401:5 425:10 426:18 427:17 301:12 303:3,10 304:24 318:22 321:24 322:21 325:18 326:4 330:4 331:10 lane 284:17 language level 391:15 438:18 491:21 499:14 536:9,10 447:12,13,15,17,21,22 458:8 459:11 532:13 lithograph 332:25 335:10 333:5,9,12,12,14,18 336:2,4,5 339:17,19 295:21,22 large 296:16 levels 442:5 486:21 488:21 452:5 little 344:16,17 345:1,3 347:3 359:15 362:15 364:18,24 372:5 374:11,11 383:8 434:18 larger 317:3 467:25 490:20 500:11 513:1 librarians 533:16 297:12 312:5 327:18 333:20 351:6 368:5 426:4 439:24 442:10 445:4 451:9 386:22 391:21 393:11 396:13,15 397:17 400:6 larry 284:3 340:17 374:15 library 497:19 455:14,16 457:13 532:14 lived 402:12,22 411:7,13412:15 413:21 416:14,25 419:4,5 lasted 481:16 532:15,23 533:5,11 library's 537:14,16,24 liver 419:14 421:24 427:18 late 455:22 409:4 504:16 505:3 506:11 437:12 438:21 441:3 443:24 446:24 452:22 453:23 456:5,14 458:4 397:15,17,25 421:25 422:1 laughter 349:3 400:12 467:14 488:4 lidgett 498:8 life 507:1 livers 451:4 464:4 470:6,7 471:11,12,25 487:7,21 492:12,13 502:2,3 504:2 507:8,12,16,22 508:14,21 511:19 515:10 511:5 law 284:3 lawyer 347:8 487:15 489:8 lifetime 356:15 lighter livestock 508:6 538:2 living 297:18 315:1 519:24 527:19,19 529:5,19 415:22 543:18 Ikb 529:25 532:24 537:13,19 537:20 538:14 543:9 knowing 476:20 layer 476:15 layman's 418:14 liked 307:21 376:8 likelihood 356:17 318:13,15 351:1,5 365:24 366:4 372:14 433:23 455:19 458:5 518:3 520:3,4 Up knowledge lead liking 284:8,16 291:3,18 297:24 299:1 300:17 314:25 315:25 332:10 leading 518:13 limit local 507:18 316:3 323:16 327:24 416:8 515:11 528:13,25 529:8 305:12 learned 511:21 limited locate 464:10 538:13 478:9 303:2 352:12 located 532:23 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055993 [location - measuring] location lot (cont.) manner (cont.) mass (cont.) 534:9 491:17 536:13 537:10 513:16 527:17,20 528:12,15 logical 544:25 manufacture match 434:24 lots 303:17 392:8 489:16 315:18 london 334:7 manufactured material 298:5 330:13,18 333:14 loud 295:7 313:18 331:5 391:12 306:13 307:11,11 476:10 342:21 343:9 443:1 448:10,12,13 488:17 393:2 396:8 410:15 432:25 481:1 489:17 499:6 500:7,9 long 488:18 434:25 462:2,24 499:11 500:10,24 506:3 295:18,18 324:23 366:14 louis 518:2 materials 373:14 405:17 432:13 308:15 311:5 331:20 manufacturer 303:18 309:12 344:1 352:5 439:21 447:7 456:12 332:11 333:1,4,8 339:8 304:5,8 305:12 349:8 351:3 393:23 396:11,12 439:15 463:11 480:17 485:5 487:3 341:3 342:19,22,23 343:7,9 manufacturers 460:10 463:5 477:19 489:1 492:8 518:8 521:9 343:10 355:4 356:25 353:15,18 373:18 485:23 486:25 487:3,4 longer 433:19 442:13 444:5 manufacturing 489:18490:17492:15,19 544:17 545:1 low 430:13 431:2 499:12 494:8 497:24 498:11,23 longest 525:1 538:23 499:9 500:18 502:14 515:5 443:16 lower maps 543:19,19,24 look 479:14 490:22 464:11 matrixes 292:12 309:23 310:18 lubricating march 436:11 311:8,9,11 315:19 329:25 303:20 494:24 531:9 matter 332:6 341:7 344:10,18,25 lunch marine 289:2,8 290:22 295:8 354:23,24 355:2 358:21 414:20,23 392:5 304:14 336:19 349:7 353:2 395:9 399:10,11,17 403:9 m mark 353:14 360:16 372:5 405:19 406:8 410:18 417:4 ma'am 419:20 420:10 422:16 423:4 428:19 434:9,16 437:3 465:19 466:5 467:18 479:1 machines 418:11 467:20 469:4 484:2 494:16 499:11 500:1 518:4 529:25 magner 464:1 465:19 473:2,3 533:1 534:12,13 looked 292:8 338:6 372:15 403:17 magner's 473:25 476:6,9 magnetically 403:19 409:21 418:23 434:21 467:22 468:2 5257 main 494:18 looking 322:4 maintain 336:8,9 366:24 467:4 376:12 379:1 381:20 388:8 494:12 388:22 391:8 451:7 461:19 marked 484:10 519:14 547:10 285:17,20 286:15 292:13 matters 292:16 308:11 311:13 510:4 544:21 329:14,24 340:25 354:5 mcr 358:17 365:15,21,23 367:1 359:10,11,14,22,23 377:8 380:1 382:14 385:20 md 460:1,8 467:6 494:14 378:22 498:17,19 510:24 511:1 mean market 314:14 335:2,6,15,16 336:1 353:14 336:2,5,5 351:20 360:15 marketing 363:24,25 364:16 369:18 332:9 372:6 384:3 402:13 533:10 332:19 371:7,8 403:20 423:6 469:14 470:11 500:7 535:5 looks major 300:24 302:1,2 487:2 512:2 352:1 487:2 marketplace 489:12 marks 317:3,9 336:17 399:16,18 404:24,24 406:24 407:3 423:7 500:3 534:18 loop making 326:14 416:24 455:20 526 21 528 2 538 20 547:11 333:21 334:5,8 marsh 284:8 311:7 464:1,9 466:5 473:1,3 476:9 459:6 mammals mass loss 466:7 losses 445:23 511:8 299:24 man 50323 management 313:12318:14319:10 346:12,25 351:3 403:7 404:3,15 410:8,19 425:25 429:8,19 431:19 433:9,13 lost 411:6,19 413:7,15,16 433:18 434:9 438:25 540:20 lot 414:11,15 managing 439:10 461:22 486:7 516:11 517:2,9,16 518:1,3 293:10 339:20 334:24 335:14 385:4 400:7 411:7,8 503 10 manner 518:21,23 519:13 520:1,4 521:14,15 523:7,18,23,23 411:15,20,21 413:8,9,13 422:8 441:25 457:12 290:9 364:2,13 388:24 394:25 459:18 479:9 524:7,9,13,20,23,24,25 525:9,12,19 526:10,18,23 379:2 380:6 382:1 383:21 388:8 411:22,23 413:12 415:25417:16,17,19 438:25 448:2 450:3 469:14 509:9 513:17,18 514:5 532:14 540:15,15 541:3 means 298:5 320:9,10 335:7 381:23 394:6 423:11 425:23 487:6 514:10 515:18 meant 326:18 338:3 367:6 411:24 413:25414:1,3418:17 428:1 437:9 508:11 516:11 533:5,6,8 measurement 466:7 measuring 288:25 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055994 [mecklenburg - museum] mecklenburg method missouri monsanto (cont.) 549:3,20 360:23 388:12 440:2 311:5 464:19 478:17 490:6 medical 519:10 522:1 misspoke 491:21,25 492:4 493:8,19 330:17 333:3 379:4 451:5 methods 474:20 500:15 501:20 502:3,23 451:23 288:23,23,24 362:11,20 mistake 503:10 504:5 507:12 medicine 433:6 438:19 505:7 416:24 517:22 526:20 509:13,16 517:7 521:16,20 319:16 michigan mistaken 521:25 526:3,9,23 527:1,12 meet 371:18,20 372:8 376:15 398:20 535:1 528:12,24 529:9 530:5,11 443:13 524:1 mistakes 530:20 531:14,17,22 meeting mid 416:25 533:10,14,16 537:25 538:7 293:17,21 294:5 312:3 433:21 misunderstanding 538:11 539:4,20 540:11,16 382:6 453:6 milk 489:21 540:18 541:4,8 547:2 memo 299:13,21 300:10 301:3,11 mithoff monsanto's 285:21,23 286:3,5,8,10,12 301:21 284:3 288:5 292:18 303:24 307:8 286:14,17 339:22 341:2 miller mixed 330:21 395:25 406:13 342:17,25 348:13 351:23 417:12,18,19419:15 512:13 424:7 432:6 461:6 478:22 353:9 355:7,20 357:12 442:16,20 mixing 500:16 358:12,25 362:5 363:12 milligram 431:16 montar 367:14,15 370:15 372:3 337:19 mmj 543:2,4 377:23 379:16 380:3,15,16 million 335:17,21 month 380:25 383:13 385:14 437:23,24 438:3,19 439:4,5 model 308:14 376:21,25 451:10 386:21 406:20 407:13,15 439:13 440:8,9 476:25 319:10 457:3 498:8 531:8 408:1,8,19 417:9 418:5,20 488:25 505:11,18 506:6,9 modeling monthly 419:17 421:22,25 435:9,16 506:15,18,19,20,24 507:4,5 520:25 467:11 474:23 480:22 435:19,25 436:5 441:5,10 509:7 511:24 536:4,12 molecule months 442:16,19 447:1 448:3,19 537:9,16 410:22 299:10 328:9 459:13,15,16 450:14,16,18 451:19,22 mimic molecules 459:17531:4,11,14,19 452:1 453:12 454:7,8,16 433:23 525:4 moore 455:2 456:9,10,20 460:18 mind moment 284:8,16 463:8,24 464:6 470:12,19 328:9 345:5 379:1 406:16 292:25 328:20 329:25 morning 472:25 473:11,13 474:16 407:21,23 433:15,21 451:20 469:8 482:19 355:22 400:19 401:8 415:8 474:18 475:22 477:12 440:12 483:1 513:23 521:6 monitor mother 480:9 488:16 504:17 511:5 536:16 344:20 301:3 511:7 534:4,7 535:19 mine mons mothers memorializes 382:16 285:13,16,24 286:3,5,7,9 299:20 379:16,20 mineral 286:11,17,20,21 422:22,23 mother's memory 418:22,25 419:1,9,12 425:7 448:7 450:3,4 451:21 299:13 300:9 301:11,20 328:19 344:15 509:4 482:11 482:21 484:7 534:4 move mention minimize monsanto 325:14 326:24 331:21 336:17 352:3 358:16 511:8 283:1 287:15 288:7,9,15 340:23 376:3,4 509:22 mentioned minor 289:3,4,16,17 290:5,12,14 moved 349:12 445:25 447:11 385:16 506:2 292:4,17 295:5,7,14 300:25 502:9 452:3 453:13 486:1 532:13 minus 301:8,17 302:24 304:4,7 moving 532:16 436:14,18 437:1 305:3,4,8,9 311:17 312:14 326:2 399:3 491:2 514:1 mentions minute 312:21,23,24 313:19 536:5 293:17,20 341:7 417:1,1 426:12 330:17,22,25,25 331:14,15 mulliss mercury 467:20 331:17 332:17 333:4,23,25 284:8,16 314:20 320:5,6 minutes 334:14 351:6,8 359:14,23 multiple merely 340:18,20 363:11 366:12 370:17 304:9,23 538:18 451:14 misread 372:5 376:13,20 391:8,12 multiply met 428:22 393:2 397:17 398:16 399:1 506:14 428:3 446:1 450:21 missed 400:18 401:3,9 402:1 multitude metabolized 343:12 365:7 386:4 428:18 415:15431:12432:14 373:16 430:15 431:4 missing 433:1 434:6 440:13,13 museum meter 319:7 441:19,21 442:9,11 460:25 291:15 302:6,8 317:22,23 461:4 462:10,17 464:1,18 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055995 [name - oil] n nevertheless number (cont.) obtained (cont.) name 466:24 354:7 356:6,21,23 357:2 490:16 313:19 320:2 335:13 new 365:17,22 381:19 389:9 obtaining 343:12 351:2 369:3,7 333:5 399:4 451:13 452:14 404:18,19 408:22 422:21 459:8 466:6 404:22,23 405:1,3 453:25 455:17 457:16 424:16,22 434:18 438:12 obvious named news 445:19,20 448:5 460:3 297:16 386:17 464:1 346:4 469:1,4 506:16,18 508:25 obviously names newspaper 547:7 288:12 315:13 336:16 373:17,17 378:13 293:14 294:3 300:19 numbered 352:18 384:7 420:4 436:16 nanogram 343:23 345:22,24 356:10 389:9 425:2 450:4 468:23 447:20 509:21 513:14 360:15 451:11 numbers 545:8 nanograms nice 416:12 472:19,22_______ occasion 356:14 315:23 420:2 o 502:4 533:24 541:1 naphthalene nickel object occasions 360:10 443:17 289:13 290:2,17,24 295:10 382:4 533:21,22,23 national 381:6,14,17,23 382:7 nine 531:14 296:14 299:3 300:11 301:4 301:22 302:21 303:25 occur 395:3 421:24 433:16 387:11 495:5 natural ninth 513:12 304:20 305:5,15 306:15,25 307:13,24 309:7 313:1 481:18,19 497:23 509:16 occurred 462:18 480:3,14,20 481:5 nature 297:5 343:24 347:11 nods 309:6 383:7 non 315:20 316:6,22 326:23 328:21 329:1 330:19 342:7 347:20 348:1,20 349:2 395:4 459:4 475:10 480:24 495:12499:16530:18,18 occurrence 405:10,12 406:4 452:19 485:25 489:3 349:16 nonbiodegradable 350:9 363:20 364:25 372:9 372:25 373:1 374:3 375:6 347:10 occurring ncr 495:1,4,9 497:2,16,23 near 478:19 nonresponsive 299:3 316:6 325:13,15 375:13 376:17 377:20 378:1 391:9 397:1,19 413:18 421:10 427:20,23 389:1 392:5 octa 398:8 459:9 535:15 537:15,25 nearly 326:23 328:22 347:22 348:2,20 349:2 372:25 432:16 433:4 447:4 458:20 471:19 478:4,10,23 482:7 octachlorobiphenyl 372:17404:15410:9 486:14 neat 512:11 374:3 375:6,13,17 397:1 421:10471:19,20 normally 490:14491:11 496:15 500:19 501:21 503:2 507:19 509:18 516:20 479:19 October 381:1 386:21 387:22 necessarily 341:20 359:17 371:9 478:1 538:23 north 520:14 521:2 523:21 528:3 528:4 530:15,23 536:14 393:17,20 395:21 407:13 408:19 409:25 410:3 378:19 381:22 390:18 395:3 424:4 442:7 457:16 283:1 284:9,9,17,18 549:2 549:20 544:24 545:5 objected 456:15,18,19 458:13 534:5 534:8 482:9 535:22 northern 536:22 octychloryl necessary 283:1 310:1 441:9 444:13 446:14 nos 547:13 311:12 377:7 objection 316:11 318:19 373:5 432:7 479:3 545:10 395:11 oecd 285:19 necessity 356:24 need 292:12 307:19 342:13 notary 283:1 284:20 546:7 549:19 note 312:19 338:22 352:8 479:3 objections 536:24 objective 345:2 462:14 office 378:24 379:3 435:23 547:8 officer 549:4 345:9 350:18 352:20 545:9 objectively official 354:21 372:20 394:19 noted 396:23 498:21 500:1 503:3 511:2,4 534:11,13 539:1 november needed 292:5 293:18,23 295:17 345:9 objects 514:16 obliterated 399:24 401:15 452:17 454:3,4 officially 531:7 340:6 343:4 420:9 429:3 296:22 297:10 298:7 299:4 336:14 oh 458:7 540:12 needs 304:15 305:13 306:4 308:14 323:11 399:1 observed 540:3 297:25 330:8 361:16 373:6 408:4 470:6 443:11 444:19 neither 400:18 402:1 484:20 490:25 obtain 356:17 466:17 oil 418:22,25 419:1,9,12 308:8 549:11 number 285:12 286:2 297:2 319:10 obtained 315:8 337:13,15 356:1 482:11 499:3,4 500:25,25 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055996 [oils - paragraph] oils okay (cont.) order (cont.) p.m. 303:20,20 509:12514:11,19516:8 513:11 516:18 414:23,23 545:18 okay 517:14 518:7,24 519:6 ordered pace 288:10 292:3,4,10,23,25 520:9,21 522:4,7 524:24 443:25 457:21 490:25 293:5,17,19 295:16 296:2 526:19 527:1,6 528:3,20 orderly Packard 298:2 300:6 303:3 305:2 529:15 531:2 532:1 534:16 364:2,13 443:17 306:22 310:9,21 313:5 534:19 535:17 536:11,17 ordinary page 314:19315:13316:13 536:19 538:7,11,19,22 305:13 314:19 536:23 285:22 293:11 296:25 318:11 321:1,10,20 322:5 539:1,16,19 540:14,21,25 org 308:22 317:7,8 341:2 349:4 322:22,25 323:7,24 325:4 541:14 545:11 317:14 350:15 352:25 380:1 326:11 327:16 328:8 old organic 383:14,15 384:21 385:12 329:13,23 330:7 331:23 464:17 319:15 320:6 370:17 391:23,24 397:4,12 415:11 334:12,15,24 335:9 336:15 once 371:11 491:6 543:10 423:6 424:15,17,19,20,22 336:18 339:11 340:15,21 385:24 401:5 490:16 organisms 424:25 425:2,6 426:2,4 341:11,13 342:6,24 343:1 ones 297:18 315:2 392:5 394:14 468:23 469:4,7,10 470:5,10 345:7,12 349:1,21 350:2,6 298:10 304:9 341:9 395:9 organizational 475:5 486:12 511:7 522:22 351:20,20,23 353:7,17,22 429:12 462:8 468:21 317:16 547:6,16,18,20,22,24 548:1 354:14,24 355:2 359:18 477:11 479:18 490:22 organo 548:3,5,7,9,11,13,15,17,19 360:2,19,25 361:20 362:4 494:11 520:23 544:1 485:23,25 548:21,23 364:11 365:3,10 366:16 ongoing organochlorine paged 367:12 369:12,22 370:7 515:4 285:19 470:11 373:23 374:2,4,5 375:21,25 open original pages 378:7 379:1,12,16,19 286:19 495:15,15 496:20 451:14 459:8 474:5,9 477:3 472:13,18,25 473:19,22,24 380:11,18,21 382:1,2 383:3 496:24 497:1,16,23 498:4 480:12 514:21 547:4 482:21 547:13 384:2,18 385:7,11,18 operated originally paid 386:10 387:7,13,21,24 457:19 326:13 330:13 342:1 485:7 389:2 390:7 391:4,17 operates 383:11 544:17 paints 392:17,24 393:18 396:9 524:24 originals 303:21 392:8 401:6,11,17 402:20 403:1 operation 332:5 papageorge 404:9,16,20 405:23 406:11 330:21 origins 475:23 502:20,22 503:9,20 406:19 408:4,17 409:12,22 opinion 457:18 507:8,24 411:18412:13,17414:10 291:1 321:2 350:3,7 357:9 ounces paper 414:15,19416:7,16418:12 358:8 363:4,7,10 364:7 476:17 286:19 294:5,8 309:23 418:15 419:20 421:2,10,21 372:22 394:22 395:7,20 outcome 338:9 366:16 367:10 422:18 423:4,11,23 424:5 409:19 420:24 426:13 549:16 371:21 380:12 381:4,8,10 424:14 425:3,4 426:5,10 440:8,24 459:13,17 471:6 outfall 387:25 388:5,14,20 430:10 428:2,6,19 429:1,2 431:15 opinions 437:20 451:14 452:5 453:8,18 434:20 435:21 437:6,19 287:13 390:8 output 455:8 456:15 458:12,16 438:12 439:8 440:25 441:6 opportunity 434:10 495:2,4,4,6,9,13,18 496:8 442:8,25 443:8,10 444:23 330:2 345:18 354:10 outside 496:12,12,18,20,25 497:2 445:11 446:3,11 448:13 390:14 417:6 484:8 518:19 306:19 307:4 457:17 488:9 497:16,23 449:23 450:2,12,14 451:25 opposed 488:17 534:10 papers 453:1,4,22 454:19,22 457:7 492:25 overseeing 388:3 458:2,15,23 461:10,22 optimized 503:12 paragraph 462:9 463:13,19,24 464:15 433:7 530:12 overseer 293:20 297:1 298:2 299:5 464:24 465:18 466:3 optimizing 541:4 302:4,7,14 303:14 305:18 467:14,22 469:6,21 470:3 288:23 owen 306:19,24 312:2,11 313:5 470:10,17471:1,10,12,13 oral 371:17 313:20,22 314:24 315:6 471:19,20 472:1,3,4,11,12 489:6 owens 318:13 336:24 337:21,25 472:25 473:2,19 474:4,8,12 orally 283:1 547:2 338:14,15,17 339:2,4,12 475:14,17 477:23 480:19 481:3 482:3,14 483:17,23 484:16 486:11 488:20 491:19 493:9,17 497:8 501:9,12 503:5,8,18,22 504:4,14 505:2,20 508:17 487:16 oranges 431:16 order 429:22 446:12 447:20 467:17 472:19 489:20,23 D.CL 28522 p.k.b. 294:17 P 343:21 345:21,25 346:11 346:22 347:7,17 348:4,6,7 349:4,22 350:15 351:16,18 351:22,23 352:8,19,22 353:6,7,8,10,10 356:6 357:4,11 358:3,11 359:4,19 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055997 [paragraph - piece] paragraph (cont.) passes pcbs (cont.) personally 360:3,6,19,20 380:17,20,25 525:1 539:1,11,20 543:13 351:8 522:23 540:15 382:19 387:8 391:25 paton pcb's personnel 392:20 397:13,23 407:9,10 286:8 367:16 371:4,14 371:20 331:8 407:12 408:18 419:21 378:9,10,15 455:9 peaks perspective 420:13 438:8 443:3,6,22 patuxent 295:19,25 298:9,12 313:10 288:1 351:12 444:2 446:4,7,23 464:13 425:18 317:11 390:18,21 395:8 persuade 465:19,24 466:3,11,15 paul 396:6 397:14 404:10 406:6 351:9 475:4 476:5,19 485:3,10,14 294:18,21 331:19332:11 410:18411:12,16418:24 peruses 486:11,18 487:20 488:6,7 339:20 342:20 343:8 419:1,3,12,22 422:8 425:12 293:3 309:13 310:2 316:17 paragraphs 510:10,12,13,14 426:16,17,25 427:2,16 330:1,5 342:24 355:1 349:23 352:25 448:14 pause 452:8 462:6 485:19 486:5 358:22 367:3 379:23 380:8 paraphrasing 311:11 520:7 387:3 417:5 444:8 445:16 413:7,8 pcb peer 467:21 483:10 494:18 parentheses 294:11 297:4,17,22 298:3 298:24 398:6,14 479:11 pervasive 314:20 403:13 298:11 299:7,8,10 302:11 pending 515:11 part 302:13 303:15,24 332:16 443:19 484:3 pest 291:13 294:7 307:2 316:18 332:16 340:3 353:18 people 485:9 322:18 325:5 331:14 342:4 372:18 392:4 393:1,5 396:7 288:21 319:18 320:12 pesticide 348:10 355:19 360:7 397:13 404:2 409:2,3 331:13 334:25 335:14 285:17 298:11 338:10 362:13 364:2 371:11 410:10,13420:5 431:12 336:20 340:5 347:14 357:1 390:17411:17486:13 389:24 392:21 412:14 434:11,21 439:24 444:17 359:6,8,21 371:2,3 378:2 pesticides 415:10 424:1 467:3,18,25 445:22 455:24 458:9 476:2 384:5 385:15 388:7 396:3 313:10314:19319:24 468:3 480:1 488:24,24,25 486:13 488:21 489:24 400:8 411:15 417:23 421:5 338:25 392:19 406:6 511:24 515:4,20 532:25 492:21 494:8 499:3 500:18 425:17 432:11,18 439:18 408:22 430:15 431:4 433:7 536:10 540:2 541:14 500:25 502:23 503:10 447:19 462:2,25 499:4,5,8 485:17 515:7 participants 525:21 533:25 539:10 501:14 515:21 518:1,2 ph.d. 300:24 543:5,5 537:13,24 283:1 284:15 285:3 287:6 participate pcbs people's 289:5 531:4,7,11 547:3 301:8 288:17,25 289:12291:12 388:22 phenol participated 299:17,20,25 300:8 302:17 percent 294:8 302:1 432:1 302:19 304:3,6,16 305:12 437:21,22 439:24 440:4 phenolic particular 329:21 332:19 366:13 506:14 512:14,14 513:1 312:14 287:24,25 302:17 344:5 372:12,12 373:16,18 perfectly phenols 356:9 375:24 388:5 400:24 376:15 390:17,24 391:6 536:20 294:25 402:8 420:21 459:6 477:20 393:25 395:10 403:6,24 perform photocopied 506:1 535:21 537:12 406:5,7 408:22 410:5 411:3 290:9 493:22 494:1 516:18 344:22 particularly 414:12,16417:20418:25 542:14 photocopies 306:12 333:25 364:17 419:4 420:1 422:9 425:12 performing 385:13 406:22 409:7 468:17 425:23,25 426:16,25 427:2 377:10 494:7 photocopy parties 427:4,9,10,17,18 428:23 period 338:13 549:12,15 429:4,9,13,21,21 430:15 288:8,13 325:2 332:16 photograph parts 431:19,19,21 432:12,14,25 395:17 477:13 480:17 346:23 307:15,16,17 353:8,9 433:7,13 434:2,6,13,13,24 487:20 492:1 521:10 physical 436:18,18 437:23,24 438:3 439:6,11,13,15 440:4 persist 394:10 463:4 438:19 439:3,5,13 440:8,9 441:19 442:4 447:14 464:21 physically 476:24 505:11,17 506:6,8 461:23 462:2,12 463:17 persisted 462:3 506:15,18,19,20,23 507:4,5 479:6 487:24 490:8 491:10 462:12 480:14 515:16 pick 509:7 513:4 535:24 536:3 491:14,22 492:11,18493:5 persistence 348:8 536:12 537:9,16 493:10,12,19,23 494:3,5 461:5 478:2 490:9 picked pass 496:13 498:12,23 499:7,22 persistent 348:14 380:13 381:4 386:3 525:6 500:4 505:7,10 506:4 487:3 489:3 490:18 picking passed 512:22,25 513:7 514:7,25 persisting 374:6 300:9 301:3,19 387:9 515:16 518:5 519:21,22 289:10 piece 395:21 397:17 520:6 521:12,13,17,22 person 310:12,12 321:12 367:10 522:1,12 538:8,12,20,24 288:15 305:13 369:19 396:17411:14 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055998 [pigments - present] pigments please (cont.) polychlorinated (cont.) prause (cont.) 303:22 463:23 471:8 488:7,18 486:5 492:24 530:14 310:21 311:8,10,10313:1 pigs 527:8 547:4,12,14 polynuclear 315:20 316:22 318:9,19 501:24 pleasure 320:1 325:8,14 326:4,10,20 329:1 pike 525:1 poorly 330:19 331:24 332:2 297:25 plot 392:12 340:17,21 342:7,14 344:21 pikes 464:10 468:17 469:22 popular 350:9 353:23,25 354:4 297:22,23 470:21,22 471:15 475:6 293:14 298:20 300:18 357:17,20 362:2 363:20 pile plots population 364:25 372:9 373:1,8 415:20 464:3,9,17 465:15,20 466:6 487:13 374:15,19,25 375:8 376:17 piles 468:7,13 469:25 470:13 portion 379:25 380:7 382:21 391:9 415:21 473:5,12,16 474:2 475:8 328:22 414:5 397:9,19 413:18 422:22 pipeline plus portions 427:20,23 432:7,16 433:4 322:19 436:14,17 437:1 479:6 528:5 438:25 447:4 458:20 place point posing 459:22 478:4,10,23 479:3 419:1 506:17 291:12 294:6 298:25 307:25 456:8 482:7 483:19,23 484:1 placed 315:24 316:2 332:4 336:16 position 488:17 490:14 491:11 287:15 465:14 475:8 340:18 341:22 344:2 371:7 492:22 496:15 500:19 places 350:17 356:6,21,23 357:2 positive 501:21 503:2 507:19 304:10 404:11 434:20 382:8 386:7,13 388:13,15 298:17 390:25 509:18 516:20 518:12 506:17 531:22 536:6 388:19 389:4,6,11,23 393:8 possess 519:2,6 520:14 521:2 placing 396:14 398:22,23 404:16 360:13 523:21 530:23 531:25 351:11 416:16 420:2,2 430:1 possibilities 535:8 536:14,23 540:19 plaintiffs 433:11 447:17 451:7 411:5 544:9 545:4 283:1,1 284:2,15 370:9 475:17 479:21 482:18 possibility precedes 376:10 385:21 460:8 467:8 490:6,24 493:2 502:22 399:7 411:25 432:19 466:6 430:23 plaintiff's 506:3 508:12 512:8 519:5 501:7 predominance 285:18,20 286:15 309:24 520:8 529:24 536:6 possible 543:13 460:17 pointed 347:15 349:17 374:7 predominately plan 316:10473:11 394:19 398:24 413:13 478:15 349:10 445:22 pointing 414:13 438:18 439:2 prefer plane 294:24 443:13 464:8 295:1 443:4 544:16 545:3 points possibly prefix planned 304:22 305:2,7,11 352:1 450:23 489:19,23 422:22 426:9,11 388:5 potential preliminary plant poison 290:1 285:19 355:13 436:13,16,23 437:8 299:12 468:13 470:13 pound preparation 437:9,10,16,20 439:22 474:1 506:3 416:18472:6 481:13 440:13 441:14,17,21 442:6 poisonous poured prepared 442:9,11 443:11 468:10 296:7 306:11 476:17 469:11,22 470:21 471:15 481:21 482:5 504:6 510:21 poisons pouring 473:14 510:22 511:15 512:25 296:4 482:10 preparing 534:10 535:15 537:25 pollutants power 449:21 538:7,11 539:5 541:24 371:19 376:14 392:6 393:9 289:24 preprint 542:15 394:10 ppm 313:23 plasticizers pollution 314:8,20,21 prepublication 371:1 392:7 485:4 497:22 practically 381:11 387:4,9,22 389:16 plastics polycaloric 481:15 389:20 398:3,17 402:2 303:22 312:18 practice 453:8 459:2 520:17 player polychlorinated 389:14 420:4,10 422:15 presence 302:1 288:5 291:9,13 294:6 296:4 prause 315:1 338:10 450:20 please 305:20,24 306:6 313:13,17 284:8 289:13 290:2,17,24 465:22 294:1 324:15 329:7 354:17 314:8 329:4 331:5,8 337:4 295:10 296:14 300:11 present 354:25 371:22 379:11 338:2,4,11 343:24 349:11 301:4,22 302:21 303:25 284:12 302:11 314:24 407:13 412:22 417:4 353:13 390:2,9,21 392:4 304:20 305:5,15 306:15,25 347:14 356:16,24 357:1 438:13 443:7 449:1,2 452:1 402:3 410:21 431:5 452:11 307:13,24 309:7 310:13,16 429:9,21,22 436:21 439:12 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000055999 [present - punched] present (cont.) 439:13,15441:19446:17 449:6 451:12 452:8 499:13 500:2 518:6 presented 326:13 380:9 383:11 385:24 422:13 469:19,20 presently 446:12,21 presents 395:2 preserve 291:14 press 286:7 298:21 337:3 346:15 346:24 348:7,7,8 350:25 351:25 365:24 366:4 372:14 455:20 458:6 520:3 pressure 303:21 pressures 392:12 presumed 304:17 presumption 499:21 presumptuous 304:11 503:1 pretty 413:8 477:24 prevent 469:25 previous 309:21 311:15 324:6 373:3 382:13 383:6 previously 287:8 322:15,24 323:21 prey 487:14 primarily 317:10 415:13,24,25 539:21 primary 288:15 principal 381:10 print 400:5,5 prior 312:24 415:14 460:11 482:20 484:7,13 517:7 522:25 proactive 499:10 500:1 probability 335:7 418:12 489:22 530:6 probable 398:24 probably 299:12 306:10 312:15 317:11 325:2,2 334:10 335:7,14 342:12 348:18 361:14 366:11 378:23 379:8,14 381:24 382:10 383:25 384:3 385:14,23 386:3 387:19,20 390:21 397:7,21 398:2 404:23 405:21 410:22 414:6 416:1 420:21 422:2,11 423:11,13 423:17 432:2 443:8,9 457:10 474:21 487:12,22 492:14,18 496:2 500:17 513:22 527:20 problem 290:1 303:11 315:5 337:8 342:5,10 485:1 486:13,14 489:1,11 511:9,16,19 518:15 problems 289:6 340:11 445:12 489:2 490:9 499:8 511:13,14 procedure 540:1 procedures 541:6,9,9 proceed 310:18 363:11 proceedings 397:6 process 291:3 325:10 330:4 340:6 374:7,10 376:8 377:13 432:21,22 434:17 495:8 499:12 519:12 527:3 538:23 543:5,6,10,17 processes 519:16 produce 341:20 493:10 500:8 538:12 produced 448:19 499:13 500:9,11 540:8 producers 302:17 producing 538:8,12 product 289:10 372:7,12,17 391:12 499:3 500:1,3 production 388:4 490:20 539:2,10,11 production (cont.) 543:5,17 productor 351:5 products 289:24 301:2 303:17,24 372:13 392:9 393:1,5 395:25 396:7 424:7 461:6 461:21 462:24 463:3 499:11,14 501:8 professional 283:1 284:20 549:19 progil 449:7 programme 346:14,18 programs 344:5 346:14 progress 445:17 project 347:6 366:13 423:16,21 424:6,6,10,12 443:20 447:19 517:8 526:4,14 528:11 530:21 531:15 537:23 539:25 projected 411:4 447:1 projects 539:17,18,20 prompt 547:10 prompted 348:18 prone 416:25 pronounce 320:3 339:10 proof 396:14 proofing 464:8 465:2 proper 290:21 351:12 properties 304:19 394:2,11,15 396:11 396:12 491:13 property 437:10 proportion 451:1 proportional 525:11 proposed 411:5 prove 426:1 428:24 429:4 432:5 432:21,23 489:13,14 proved 432:3,20,24 proven 433:7 489:5 provide 287:25 344:8 373:10 444:13,15 446:13,13 457:24 509:9 540:12 provided 320:14 322:7 327:5 340:5 370:22 380:22 381:5 415:5 415:9,23 421:5 426:21 427:7 440:22 460:10 468:12 474:21 475:7 502:5 505:5 507:23 509:23 540:18 providing 374:6 proving 486:21 public 283:1 284:21 350:24 500:16 546:7 549:19 publication 313:24315:15350:18 389:15 391:5 399:9,19 400:2 406:1 449:9 454:11 455:8,18 456:25 457:1 publications 388:4 455:24 publicity 366:4 458:6 publish 389:21 published 298:23 306:8 381:9 387:5 398:5,8,14 401:1,2,5 402:15,16 432:10 450:20 451:1 452:5 453:15 457:8 457:17 459:14 479:10,24 publishes 351:7 publishing 452:6 puget 409:3 pull 388:16 punch 336:15 punched 336:16 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056000 [purchased - really] purchased queeny questions (cont.) rapidly 529:17,19 355:13 468:10 391:18 460:25 483:4,9 479:15 pure question 522:6,8 532:10 536:23 reached 337:17 339:7 340:3 351:15 287:14 289:14,20 290:3,18 544:10,21,25 297:3 481:14,20 290:25 295:11 296:15,20 quick read purported 299:20 300:12 301:5,23 309:23 330:23 411:18 296:21,23,24 297:20 435:18 302:22 304:1,21,23 305:6 quickly 299:14,15 300:4 302:7 purports 305:16 306:16,18,18,23 354:19,20 358:21 477:24 306:3,14,17,19,24 307:2,5 387:1 435:16 307:1,4,14,15,16,17,25 478:9 494:16 509:22 308:17 309:14,16,18 312:7 purpose 308:1 309:8 310:3 311:1 534:14 313:6,20,21 314:10,11,18 337:20 417:21 523:17 313:2 315:21 316:7,8,12,12 quiescent 314:22 315:10 328:10 524:12 316:14,23 318:20 321:3,4 513:25 336:24 337:21,24 338:14 pursuant 322:4 323:1,2,4,5,8 324:7,9 quit 338:15 339:2,4,12 344:6,8 540:8 324:12,14,15,17 325:25 529:20 344:9,16,20 345:9,17,19 pursue 326:2,15,24 327:2,22 quite 346:6,7,22,23 347:17,18 465:6 328:11 329:2,7 330:20 302:13 338:1 349:16 348:5,6 349:19,20 351:16 push 342:16 347:19 348:25 390:25 487:1 508:24 351:22 352:6,7,11,15,17 403:3 349:24 351:9 352:21 quotation 353:5,7,16 354:12,13,18,20 put 354:22 357:24 360:12 446:18 451:4 356:4,5,21 357:2,11,18,23 310:22 346:15 377:12 361:8 362:18 363:21 364:3 quotations 357:25 358:2,11,13,22 393:6 396:18 418:25 419:9 364:3 365:1,4,5,7 367:11 337:5 359:18 360:3,5,17,18,20 433:22 447:16 453:5 462:1 367:13 369:20 370:4,5 quote 362:18 371:21 372:2,3 468:16 470:22 474:2 476:6 372:10,23 373:7,9,13,20,23 299:6 305:19 306:5 337:25 378:18 380:19,24 382:20 482:10 529:21 374:3 376:11,18 379:12 338:8,10 345:25 349:6 386:23,24 389:24 392:1,2 puzzle 385:2,9 389:2 391:10 397:8 350:16 351:17 363:5,6 392:15,16,20,21 398:9 396:17,17 397:20 398:23 399:3,4 371:14 394:23,24 407:21 399:21,21,22 400:12,13 pyb 400:24 401:3,12,17,18 407:22 408:6,20 419:21 402:18 404:6,18,21 407:8 296:6 408:1,7,17409:15411:18 425:9 446:16,17 449:2 407:12408:2,18 412:10,14 pyralene 413:18,19,21,22,23 414:10 450:17 452:2 454:10 416:11 419:24 424:17,18 349:12__________________ 416:19 424:21 428:13 455:13,15 464:6 466:7,8 424:21 425:22 426:3 q qualified 287:21 377:15 509:20 qualify 288:12 331:11 qualitative 520:6 qualitatively 291:10 quality 541:5 quantifying 445:22 quantitating 288:25 quantitative 319:20 quantities 337:10,19 351:14 360:15 487:5 quantum 291:17 400:24 482:16 quarter 361:7 422:2 quarters 306:9 431:22 432:8,17 433:5,13 476:8 477:15,16 486:19 428:21 435:13 440:16 438:13,15,16 439:18 487:20 488:8,13,20 511:17 442:23 443:6 445:7,8,9,11 440:11,17 441:4 442:2 511:17 446:4 448:5,9,11 450:12 447:5,24 451:2 454:23 quoted 452:1,20,23 453:2,3 455:11 457:23 458:21 460:23 443:18 463:13 464:6,12 475:12,13 461:3,5,22 462:9 463:15,18 quotes 476:4,5 479:1,2 486:9,10 463:22 468:18 470:8 472:2 338:3 351:17,18,21 446:23 486:18488:7,15,16,19 478:5,11,16,24,25 479:4,21 quoting 497:7 516:1 517:21 547:4 479:23 481:25 482:8 483:3 408:14__________________ 547:17,19,21,23,25 548:2,4 483:12,14,18,20 484:3 r 487:23 490:11,15 491:12 493:3,18 495:12 496:7,11 496:16 497:25 500:20 501:22 503:2 507:20 r&d 448:18 r.buchanan 332:23 509:19,21 513:23 515:23 railway 516:21 520:15 521:3 522:5 522:7,10,22 523:3,7,11,22 526:22,23 528:7 530:17,24 532:9 536:15,18,25 537:7 392:10 raised 310:17 349:7 ram 541:15,20 542:3,6,10,11,13 335:25 questioned 316:8 451:4 ran 419:13 434:12 475:18 questions 293:1 305:1 310:16 323:20 range 487:3 489:2 512:16 330:24 345:15 348:23 350:13 374:8,9,24 389:25 rapid 457:20 490:25 548:6,8,10,12,14,16,18,20 548:22,24 reading 293:4 300:7 313:7 352:22 380:9 409:13 425:6 427:21 466:10,21 504:23 514:20 522:22 reads 347:7 408:12 485:3 ready 527:10 real 372:14 398:5,12 425:16 433:9 437:11 490:11 534:14 really 298:19 304:14 324:13,16 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056001 [really - remote] really (cont.) recessed referenced reinhart 334:14 338:3 360:11 545:19 320:21 387:8 388:3,10,14 371:25 361:24 375:15 396:6 recipient 402:15 405:20 456:24 rek 398:13 406:5 419:4 420:7 332:23 333:2 458:12,16 477:11 335:15 369:5 420:10 421:7 449:6 462:7 recipients references relate 487:1 527:14 465:12 511:2,4 387:25 388:16 389:8 397:3 465:9 reappeared recognize 397:12,16 403:5 451:25 related 287:7 294:19 448:25 452:13 453:19 457:4 296:6 325:25 388:23,23 reask recollection 459:18 473:12 475:5 389:10 461:4,21 477:6,9 385:6 483:18 328:14 330:11 366:3 391:2 referred 536:9 549:11 reasking 401:23 405:22,23 406:2,13 341:8 361:19 365:25 380:3 relates 483:22 410:6 421:18 422:7 428:2,8 389:12 401:14 406:5 463:9 reason 442:2 447:7,9 482:17 407:11 421:22 424:10 relating 287:22 294:20 352:9 542:16,25 430:8 337:3 364:4 447:13 464:19 374:20 375:23 377:20 recollects referring 473:24 508:2 531:18 384:25 398:2 420:8,9 295:3 302:5 326:17 343:23 relation 425:17 445:8 447:25 461:7 recommend 364:10 376:10 400:16,21 525:21 461:9,11,14,17 462:20 442:5 404:13 426:17 435:7 relative 464:25 465:3,19 496:9 recommendation 453:11 312:17 363:12 385:17 519:8 529:19 441:12,15 refers 394:6 468:13,18 492:18 reasonable recommendations 380:11 400:15 402:6,6,7 549:14 325:2 493:2 352:4 reflect relatively reasonably recommended 362:16 397:22 413:5 478:9 479:15 289:24 429:3,18 441:7 416:10 534:9 release reasons recommending reflective 286:7 346:5,16,17,24 287:19 427:5 429:22 410:12 350:25 351:25 365:25 reassurance recommends reflects 366:4 372:14 455:19 458:6 356:11 362:19 376:22 393:5,6 418:3 520:3 rebuttal record 421:12494:25518:10,11 released 351:7 287:5 332:9 342:8,10,12,12 518:14 531:21 490:23 recalculated 343:5 352:17 358:3 365:12 refractory releases 390:23 365:19 377:22 382:16 489:3 348:8 recall 385:3,10 403:21 412:8,20 refresh reluctant 298:14 311:18 322:12 412:21,23 413:1,5,20 482:17 509:3 542:25 445:8 340:2,8,9,12,13 361:19 414:21,24 416:10,12 refuse remainder 382:3,6,11 401:22 411:6 435:15 445:5 459:23 460:5 381:11 380:19 392:20 416:11 420:16,20,23 421:2 479:2 483:24 484:24 495:4 regard remained 421:4 422:5 423:1 470:24 498:19 502:14 516:2 330:24 456:20 397:15 474:8 477:13,24 498:24,25 517:21 518:10 519:2 regarding remaining 516:6,22 522:4,9,15,21 531:21 532:2,5,8 533:1 342:19 395:25 450:24 476:16 542:1 544:3,4,6,8 545:10,13,15 480:2 482:18 remains recalls redo regardless 543:22 465:21 540:16,22 308:5 remember receive reduced region 291:8 322:16 335:8,9 357:6 358:6 443:21 456:6 384:14,17 549:9 515:11 361:17 366:9,14 381:13,16 received refer register 381:18 383:8 387:21 398:7 328:15 341:18 371:15 359:10,14 360:1 361:18 495:5 398:21 406:3,4 410:17 387:13,17 401:9 402:1 372:12 406:5 417:25 registered 421:24 433:20 470:23 435:3,11,25 436:4 447:19 422:20 425:1,5 482:19 283:1 284:20 306:10 477:20 509:3 513:3 540:21 453:7 454:7 455:6,13,15 457:4 474:9 reference 293:15 354:21 399:8,9 549:19 regular remind 459:10 receiving 401:21,23,25 403:1,12,14 429:12 reminds 420:16 403:15 404:17,19 423:13 regulated 312:3 recess 423:14 450:10 455:20 307:9 remote 365:14 412:25 414:23 470:19 rehash 488:23 459:25 532:4 451:14 455:18 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056002 [removed - right] removed requests responsibilities richard 473:17 545:8 308:7 286:9,11,13,15 348:16 rendition require responsibility 367:17 369:13,14,16,22,24 470:24 444:17 288:16,20 301:1,12 370:5,10,12,12,14,15 371:3 repeat required responsible 371:14 377:24 378:1 328:12 365:4,6 478:25 434:16 289:9,22 300:16 303:11 417:10419:17,18420:9 540:20 requires 320:12 487:12 422:25 423:9 424:23 435:9 rephrase 491:17 responsive 435:22 448:22 450:8 455:9 370:8 rereading 373:20 374:2 460:19 replaced 412:7 responsiveness richards 476:14 rereview 528:3 530:15 348:15 replacing 417:6 rest richardson 481:15 research 315:10 325:23 352:9 356:1 329:16,19 336:25 337:7 reply 297:1 317:19 319:14,17,21 423:14 451:7 488:15,16 338:1,18 339:14,17 340:10 449:17 450:5 319:23 320:10,12 344:4 restate right report 346:13,14,18 347:10 321:3,4 385:5 290:6,20 293:10,24 294:4 288:4 291:7 337:3 360:8 349:22 351:11 359:15,24 restricted 294:14,19,22 295:2,5,23 422:25 423:8 424:23 388:13 389:5 395:18 502:2 296:10,25 297:22 299:3 435:12 445:17,20 469:11 491:20 500:6 532:21 533:8 result 302:4 308:25 309:11 469:21 470:19,20 471:3,14 533:25 539:17,18,20,24 450:22 494:7 314:13 319:6 320:16 473:14 474:1 502:13,15,18 540:2 results 321:12,18 322:6,14 323:14 510:9 researcher 315:7 351:11 436:2,5 325:22 327:22 328:17 reported 395:20 475:21 476:7 497:5 503:18 331:18 332:20 339:13 283:1 488:21 490:2 497:6 researchers 504:19,25 507:9,13 340:7 343:13,20 345:17,21 reporter 328:24 389:3 402:17 retained 347:7 350:5 351:19,20 283:1 284:20 285:7 287:8 404:14 434:19 486:2 419:22 353:20 354:9 355:9,19 338:2 379:10 407:17 resembling return 357:23 358:2,14,24 359:13 430:16,19497:11,12 516:1 374:20 515:24 547:8 360:2,6 362:9,9,10,12,17 518:18 532:9 549:1,19 residue returning 363:14 364:15 366:6 368:2 reporting 313:10 317:9 337:11 373:8 368:8,10,16,18,25 369:25 417:12435:10 338:11 review 371:4,13 372:4 377:1,18,21 reports residues 293:1 308:25 309:12,24 379:5 380:6,22 381:21 337:13 401:20 403:25 285:19 316:19 327:19 330:2 382:12,25 383:2,12 384:18 409:1,2,2 452:10 resins 354:10,15,16 379:17,19,22 385:25 386:20 389:19 represent 392:8 384:24 390:14 406:1 415:9 391:20 392:23 393:10,15 292:17 309:19 330:16 resist 421:21 435:14 447:15,21 397:10 398:1,11 399:8,11 382:15 435:8 460:12 392:11 479:11 482:22 483:2,4,8 400:1 407:2 408:11 412:6,9 488:25 489:1 542:21 resistant 484:9 518:20 415:2 416:21 418:2 421:11 representation 303:18 reviewed 425:8 426:10 428:16 454:20 resolution 298:24 327:18 343:1 431:25 437:14 438:11 represented 328:19 420:6 368:22 380:5 387:14,17 439:16 440:11 441:24 308:19,21 331:16 resources 390:5 398:6,14 415:14,21 442:2,22 444:12 445:2,24 representing 302:2 420:20,24 421:23 422:4,6 447:6,10 448:8 449:16 503:6 respect 449:25 453:18 472:6,9,11 453:17 454:6,15 455:4 represents 289:22 312:17 481:10 482:20 484:7,10,13,14 458:4 459:1,20 460:18,23 391:3 respectively 494:12 502:14 534:3 462:16 464:24 466:1,12,14 reproductive 339:8 404:5 reviewing 466:24 471:4,19,22 474:15 487:11 489:6 respects 330:8 342:25 343:3 379:24 484:10 485:11,24 488:2 request 392:18 380:2,6 384:10 387:21 491:2,8,15,18 493:7,15 340:2 450:13 499:19 responded 414:11 421:4,18 425:10 494:25 496:4,19 503:15 544:19 418:21 483:11 504:22 505:13 506:17 requested responding rhetorical 508:20,21 511:6,14 512:12 381:7 374:23 419:7 470:8 512:20,24 514:7,14 516:9 requesting response rice 518:16519:15525:21 425:19 429:19 288:5 290:21 450:13 499:3,4 500:25,25 531:13,24 533:10 534:22 454:15 534:24 536:6,20 538:15 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056003 [right - seeing] right (cont.) sales saying scientist 541:13,21 542:24 544:2,16 332:21 294:24 295:14 298:9 300:6 300:16 388:15 398:13 544:25 salient 318:18 322:23 325:13 452:15 453:25 457:16 rings 355:22 388:5 351:19 375:9 393:4,22 519:9 538:16 sample 394:8,16,17,18,18 395:15 scientists risebrough 314:7 410:8411:12418:22 407:21 408:11,15 409:22 288:17 293:18,22 303:11 386:22 387:2,6 390:16 419:23 429:19 434:8,12,13 411:8,9,20,21 416:2 418:13 388:12 393:7 402:6,14 407:16 436:8,15,22 437:4,15 438:4 420:3,7 427:6,11,15 428:16 scientist's 408:21 410:17 413:9,14 438:16 439:3,12,25 440:5 429:12 438:23 469:16 421:13 414:12 452:6 453:18 465:20 502:4 504:9 505:2,5 470:6,18 471:22 495:21 scm 456:15 457:5 458:11,15 505:25 508:5,10 517:4 516:6,13 518:8 526:7,9 286:13 459:4 518:5 520:5 524:10,25 529:7 542:8,9 scope risebrough's 535:13,13,20,22 536:13 says 321:11 387:25 390:8 453:8 455:17 537:10 288:4 294:1,8,11 297:1,9 scott 456:7 sampled 297:10 300:2,4,5 303:14 283:1 284:14 285:3 287:4,6 rising 469:23 508:14 535:25 334:6 336:7 343:21 345:25 378:3 380:12 381:4 406:21 292:18 323:11 samples 346:11 350:2,4,8 353:11 407:5 409:6 434:5 448:17 river 297:3 299:8 302:6 313:11 355:20 357:4 358:1 359:4 449:13 456:2,3,3 545:6 441:9 511:20 318:16 319:12 320:14 359:19 360:14,19 363:15 547:3 road 329:5,21 337:15,17 338:12 364:20 378:21 395:8 396:2 scour 371:17,18 339:6 371:22,24 404:12 396:19,21 397:16,22,24 458:7 459:11 robert 425:16,20,24 429:7,20 401:19 403:9 405:10 scroll 335:13 473:1 430:12,22,23 431:22 406:15,20 417:13 419:21 412:13 roburn 432:13,15 434:1,3,4,16 420:13 425:23 430:25 scrutinize 485:22 435:3,10,24 436:3 440:22 436:23,25 437:2,4 438:8 406:21 409:6,16,20 role 441:7,13,16,18,20 444:18 440:21 441:10 442:23 scrutinized 537:22 541:8 447:14 461:18 462:23 444:9,21 460:16 463:24 409:18 roll 464:18 466:6,24 468:7,8,9 464:3 470:13 471:23 se 514:4 468:9 470:12 473:4,8,9,10 518:18 461:18 rolling 473:16,25 474:13,21 475:6 scand sea 444:14,20,24 514:2 475:18 477:2,9 479:20 314:1,2 398:8 455:21,22 302:9 314:7 337:6 451:3 rotten 480:11 485:13 505:6,8 Scandinavia second 504:13 508:22,25 509:2 521:17,21 314:3 293:20 313:5 317:8 320:20 rough 522:2,12 530:14 535:23 Scandinavian 321:12 325:7 336:12 484:23 539:12,16,22 540:7,12,16 353:13 337:25 338:14,15 345:25 roughly 540:18,23 541:23 542:2,14 scanning 349:4 352:8 353:6,10 360:6 476:24 542:18 318:4 361:7 368:8,22 372:24 routine sampling scenario 380:19 399:10 405:1 320:11,13 339:1 508:8 534:9 541:6,9,16,22 474:17 412:22 419:20 420:12 ruabon 541:22 542:4,5,5,22 school 430:9 436:22 471:18 333:17 339:8,9,10 samplings 523:15,18,20 485:14 493:15 519:3 544:3 run 437:19 schools secretary 411:11 433:22 434:1,4,8 sand 523:24 317:18 506:16 476:21,24 482:12 science section running sanity 303:7 425:22 448:18 511:7 374:22 341:13416:19 sciences sediment rush sates 370:22 448:18 527:24 436:12,15,25 437:20 438:9 544:16 337:25 528:15 439:25 440:19 481:22 russia satisfaction scientific 512:1,13,15,19,21,25 513:2 304:10 432:6,25 294:5 302:16 389:4 395:6 513:10514:7,17,20515:1 9Cl1 c 3524 s satisfied 535:5 saw 327:8 347:3 366:9 398:18 401:4 405:15 458:8 463:16 515:17 535:25 536:11 466:22 486:21 492:3 537:15 532:13 533:11,17 seeing scientifically 298:12,13 322:12,17 509:25 404:14 422:7 434:12 449:18 474:9 479:10 487:17 348:19 386:7 417:20 422:5 423:1 431:15 470:23,24,25 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056004 [seeing - slowly] seeing (cont.) separating shortly sir (cont.) 479:18 499:21 515:21,22 420:1 327:6 328:15 347:5 452:6 339:15 358:20 359:3 seemly separator show 360:25 361:15 379:15,18 356:7 525:6 292:9,10,15 314:5 412:14 379:23 381:2 407:14 seen September 415:20 441:23 442:21 408:20415:18417:4 292:23 293:8 294:12 310:7 321:18 435:4,11 445:2 471:8 478:19 494:10 431:24 443:23 449:20,22 295:18,25 322:23 323:10 436:4 475:23 480:5 534:2 539:10,11 541:11 457:6 466:11 472:24 474:3 323:14,24 324:6,21,23 sequence showed 474:7 475:1,16,19 476:3 327:23 330:10 334:3,5,7 451:19 341:9 347:13 416:18 428:4 482:23 483:16 501:11 340:13,16 343:17 347:25 sequential 471:14 490:17 520:17 502:8 509:11 513:16,17 348:12 366:6,11 368:9 472:21 541:10 529:13531:12539:15 390:18 393:25 402:24 series showing 541:25 416:17 418:24 420:5 314:6 330:23 483:9 486:5 292:9 404:11 471:23 sisters 423:24 460:9 461:19,20 490:1 472:15 299:11 462:7,22 471:17 499:8 service shown sit 511:18 445:18 316:18,24 361:18 423:25 510:5 selective services 433:10 445:6 472:5 487:10 site 419:9 446:2 490:13 446:20 541:4 selectively session shows sites 543:18 416:4 317:17 330:12 355:9 369:1 430:13 431:2 semantics set 394:5 436:6 452:13 460:21 sitting 395:5 290:8 362:7 400:23 426:18 535:19,21 526:5,10 527:23 send 435:2 446:20 526:6,11 side sittingbourne 339:6 340:4 371:22 420:13 527:15 530:13 527:21 337:1 444:4 498:9 sets signature situation sending 453:19 285:5 545:21 288:6 342:20 347:12 357:7 358:7 seven signed 394:20 466:17 senior 459:16,17 445:24 456:2,3 477:5 547:9 six 400:6,7 severe significance 299:11 314:12,16 363:4 sensational 487:12 312:9,10 314:25 316:1 443:18 459:13,15 460:4 299:9 sewers significant 477:1 480:11 527:21 531:4 sense 539:5,9 392:11 431:12 440:15 531:11,11 412:7 495:17,24 501:19 shadow 544:10 sizes 528:2 433:12 signify 384:7 sensitive shape 333:24 skill 375:24 489:8 308:4 461:21 silva 420:4 sent shared 283:1 284:19 549:4,18 skim 330:13 338:9 342:1 343:22 379:3 432:9 479:24 similar 386:25 359:5,21 421:16 468:9 sharing 298:10,12 337:8,14 392:18 skip 498:8 499:18 503:18 504:9 303:12 439:1 522:24 354:8 429:5 504:12 507:24 sheet simmons skipped sentence 285:6 319:8 547:15 452:18 352:8,23,24 353:8 403:19 306:3,4 380:16,19 403:22 shelf simms 429:2,6 403:23 404:6 406:20 526:5,10,15 527:13,18,23 405:2,3 skipping 407:10417:15,17,19 529:12,16,21,25 simply 297:12 486:11 419:24 420:12 428:3,19,21 shell 309:14 413:16 419:5 498:7 slash 430:22 440:17 442:23,24 329:17,20 336:25 348:14 520:12 528:7,7 538:15 378:16 443:2,4 445:1 452:20 348:15 540:3 542:13 slightly sentences shields simultaneous 413:24 326:7 407:18 352:11 379:8 408:10 slow separated short sincerely 514:1 474:6 525:8 539:1 294:11 296:5 354:2,18 315:9 slower separately 358:16 single 308:10 497:11 354:13 shorthand 317:13 437:3 slowly separates 377:14 430:8 sir 490:18 543:18 310:4 323:19 333:16 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056005 [small - states] small sort spectrometer stand 337:17 351:14 312:18 342:18 363:13 318:14 319:10 346:13 532:20,22 smart 364:12 385:1 386:8 394:14 347:1 351:3 410:20 517:3,9 standard 512:3,4 530:8 396:6 398:6 402:10 405:18 517:17518:3 521:14,15 538:22 540:1 smith 424:2 429:11,25 441:2 523:8 524:7,9,20,23,24 standards 284:8,16 457:17,18 459:3 503:14 525:1 526:24 527:18 433:10,22 snow 522:23 530:9 541:17 528:12,16 stands 441:8 511:18,22 535:14,18 543:15 spectrometers 335:8 486:22 532:24 535:20 536:1 537:14 sorts 518:2 523:19,23,24 524:13 stapled soce 432:10 527:20 472:14,18 406:24 sound spectrometric start society 334:19,20,21,22 338:20 486:8 287:13 311:24 407:18,22 289:18 408:2,12 409:3 543:7,9 spectrometry started soil soundness 313:12 516:12 518:22 298:20 315:2 324:19 430:12,22,24 433:1 460:20 338:18 519:13 520:2 525:19 328:16 366:12 407:25 464:2 466:18 470:12 sounds spectrum 446:15 491:1 517:8 473:16 475:5 476:2,10,13 344:11 427:15 303:23 starting 480:4 481:13,14,15,16,21 source spelled 373:9 380:21 482:4 538:1 297:15 393:24 426:5,7,8 294:10 305:21,23,24 337:5 starts sold 428:11,12,17,24 429:24 346:14 425:9 393:2 431:12,18 458:4 514:21 spencer state solicited 515:18 532:14,17 381:6,7,9 382:7,11 456:21 291:17 302:8 329:6 367:4 375:15 sources spend 373:5 375:14 377:22 398:4 solid 303:16 304:13 381:11 401:7 446:21 537:6 411:1,2 412:3 436:21 514:15 south spoke 462:21 463:22 505:24 soluablize 311:20 522:16 339:13,20,22,25 524:1 546:2 549:2,20 514:12 space spoken stated solubility 319:20 339:21 293:8 294:4 301:25 305:9 430:7 513:24 536:10 speak sprayed 305:19 312:10 320:25 soluble 339:16,17 414:3 476:13 515:7 335:14 340:14 346:10 299:25 392:12,13 513:7,8 spec spraying 349:14395:19410:4411:1 solution 404:15 410:8 429:19 476:14 424:24 428:10,15 459:19 476:13,17 489:10 431:20 433:9,14,18 434:9 spread 462:20 464:25 497:25 somebody 438:25 439:10 461:23 394:13 485:8 515:6 515:15 520:9 533:7 287:20 318:17,23,24 518:23 520:5 526:10,18 square statement 335:16,17 353:21 359:9 special 317:23 296:3,21,23,24 300:14,15 367:24 386:17 408:12 286:20 St 300:21,22 315:21 316:11 420:10 422:14 532:20 specialities 308:15 311:5 331:20 347:25 349:25 350:1 someplace 319:14 332:11 333:1,4,8 339:8 375:15 392:25 394:22 381:25 species 341:3 342:19,22,23 343:7,9 481:10 490:5 somewhat 408:23 487:13 489:9 343:10 355:4 356:25 statements 415:3 514:13 specific 433:19 442:13 444:5 347:15 350:14,23 370:24 soon 288:24 301:11 325:25 stable 411:3 488:11 289:25 290:7 330:5 342:16 388:18 389:2,4,6 337:12 392:10 states soren 400:22 421:18 447:8 stack 283:1 293:21 299:6 304:12 319:25 337:12 338:12 476:20 486:24 492:12 361:25 544:11 313:6,22 338:17 349:5 410:7 496:9 staff 350:15 351:24 357:8 358:4 sorry specifically 330:17 338:20,22 540:15 358:8 359:9 360:2 363:7,17 301:24 323:7 330:8 334:23 327:2 340:10 381:16 stamp 364:6,22 366:20 370:18 339:24 347:21 348:22 382:11 406:3 420:18 477:6 333:21,23,25 334:5,10,10 390:3,11 391:7 393:3,7,7 361:11 362:4 391:19 397:9 486:6 504:11 528:4 530:19 334:14 355:16 455:5 393:10 395:20 396:7,21 407:17,18 422:23 428:18 530:25 541:23 stamped 403:23 407:15 408:1 430:18 446:16 450:17 spectrographic 367:25 431:13,23 432:3 433:2,19 455:15 494:5 497:10,11 337:13 stamps 434:7,17 449:4 462:25 508:9,18 536:17 540:19 spectrography 334:8 465:25 466:4,4 470:15 403:7 404:4 473:4,15 495:19 496:14 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056006 [states - talking] states (cont.) 520:4 531:6 stating 350:2,4 395:6,6,16 stations 320:10 338:25 stay 482:6 544:15 545:1 stayed 544:16 staying 424:8 steen rod 333:8 342:22 343:10 step 370:9 433:9 stickies 544:13 sticks 433:21 stir 451:7 Stockholm 293:18,23 338:21 486:3 stood 532:19 stop 318:8 426:10 507:18 stopped 538:8 539:11 stopping 340:18 story 348:8 straight 504:23 strand 285:13 292:19 307:8 323:11 strays 374:12 stream 443:12 444:22,23 447:2 511:24 street 284:9 305:13 535:15 537:19 stressed 489:21 stricken 325:15 strong 432:12 structure 392:17 stuck summarizing Sweden (cont.) 538:16 408:5,13 399:9 401:21 402:4 404:1 students summary 450:19 452:10 317:20 304:2 306:4 320:16 377:14 Swedish studied 377:17 446:9 454:20 294:2 298:4 306:11 337:3 492:15 467:11 474:23 478:7,21 343:23 345:22,23 349:13 studies 480:22 490:5 497:7,9,13 356:25 403:15 404:14 404:11 430:14 431:4 498:1 433:24 452:4 453:14 486:2 474:24 489:22 491:3 summer 488:10 493:22 494:1 509:1,5,10,14 292:7 314:4 315:15 361:10 sworn 539:21,22 540:8,10,11,13 361:12 528:11 530:21 287:8 546:4 549:7 study 531:2 Sydney 285:19 286:19,20 496:20 supplemental 283:1 284:19 549:4,18 496:24 509:16 547:13 synonymous studying supplied 394:25 371:19477:18 346:12,25 synopsis stuff supply 313:24315:14317:7 500:12 337:19 449:10 454:12 320:17 321:7,9 324:2 338:9 subject supplying synthesis 287:25 299:2 336:18 346:4 353:12 320:7 353:2 380:14 418:4 426:3 support system 465:9 476:1 485:6 536:24 338:8 351:13 370:23,25 433:22,23 434:10 519:18 538:5 509:9 520:12,22 subjected suppose systems 425:24 429:7 500:8 305:19 306:1,5,5 392:14 393:12,21,24 submitted supposed 394:24 418:18 487:11 505:2 350:10 520:19 subscribed 546:4 subsequently 387:5 substance 538:2 substances 306:11 337:11 347:9 substituted 425:15 subtlety 501:17 succeeded 486:4 success 489:22 suffice 337:19 sufficient 489:16 suite 284:4,9 sum 384:2 summarize 464:12 summarizes 377:17 suppositions t 461:25 table sure 294:19 298:20 301:7 303:10310:11 321:11 436:7 527:21 taken 283:1 284:15 293:14 297:3 322:22 324:9,11,11,13 326:14,18 328:5 338:1 365:14 409:4 410:8 412:25 433:8 436:15438:16441:7 339:18,25 362:15,16 364:9 365:5 371:9 388:25 394:1 441:13,16,18,20 459:25 468:7 505:25 532:4 549:5,8 398:17 399:12 401:1 549:13 405:21 415:16 418:20 423:19 427:9 432:3 450:1 452:21 453:23 476:8 talk 310:12 325:20,23 329:16 336:18 367:7,9 377:15 486:16 487:6 492:5 494:11 496:7 509:3 517:20,21 526:8,9 530:1,4 533:1 535:4 543:15 404:17 424:19 426:11 465:9 485:13,16,21 486:17 talked 290:23 309:2 318:3 324:1 surmise 333:11 336:21 337:2 340:1 368:20 surprised 518:9 suspected 355:21 366:1 368:5 370:19 377:1,9 400:19 404:1 415:8 426:18 437:7,12 442:10,20 453:6 503:24 504:1 513:24 466:16 515:25 520:18 524:20 swear 290:19 talking 291:19,22 292:1,11 294:7 Sweden 303:15 304:13 309:5 322:9 324:4 325:21 329:3 359:7 369:19,23 370:1 342:20 344:3 346:19 349:5 349:8 356:16 395:10,11 384:11 402:22 403:24 404:9 418:6 424:6 432:19 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056007 [talking - tissue] talking (cont.) telling theirs thirty 434:15 441:22,24 457:15 334:9,16 390:13 473:23 520:25 466:18 470:2 482:18 491:18,24 516:22 544:24 thereabouts thought 492:23 515:9 531:8 532:12 temperature 361:3 291:12 310:23 316:8 323:2 talks 303:21 thereof 325:10 341:22 361:13 345:22,23 348:7 349:21 temperatures 389:10 373:6 397:23 398:18 444:2,3 497:21 thereto 410:12417:19422:16 tall tentative 549:15 466:21 473:5 500:15 527:22 288:20 thermal 508:11 517:22 tape term 419:7 497:20 thread 287:3 365:17 460:3 319:5 492:8 526:15 thing 388:25 target termed 302:1 308:5 330:22 332:1 three 443:13 305:20 306:6 340:8 348:19,21 384:16,17 293:11 299:11 320:17 task termite 386:24 410:23,23 434:15 321:6 341:2 352:24,25 288:22 289:2 290:7,13 464:8 465:1 468:13 455:17 465:10 543:6 356:23 357:2 359:13,22 291:20 293:6 363:18 termites things 405:8 424:24 436:7 443:15 447:15 469:25 470:1 288:4 292:6 312:18 317:12 446:11 452:19 453:19 tasked terms 320:17 345:5 352:13 362:1 454:21 512:2 522:6,8 288:15,19 396:1,5 447:11 308:6 312:6 346:19 372:20 363:13,22 383:13 385:6 time taton 396:10 421:6 437:7 541:16 388:2 389:1 394:13 398:6 287:23 288:8 289:1 290:12 405:6 test 402:10 405:17 419:5 424:1 291:4,12,18,19,20,25 tatton 464:2,9,17 465:15 466:20 424:5,9 427:5 428:10,15 295:18 298:25 300:18 405:5,6 452:19 468:13,17 469:22,24 429:11 431:6,8,10 434:3 303:24 309:16 316:2 tcp 470:21,22 473:16 475:6 439:21 445:8 447:10 319:11 324:19,23 325:1,1 312:15 494:25 457:11,16,18,19 459:3 327:7 330:9,24 332:17 tdf tested 461:25 469:24 485:14 334:2,4 347:4,5 352:13 500:2 297:2 469:24 512:24 503:14,25 510:6 515:4 353:23 357:10 358:9 technical testified 530:9 541:17 361:14 363:8,17,23 364:8 317:21 332:19 350:24 287:9 322:11,16 441:3 think 366:12 367:25 368:8,17 370:23 371:5,6,8 372:19 527:4 528:19,23 537:18 289:19 291:7,16 298:8 372:11 379:10 381:8 382:9 380:12381:3418:16,17 testify 300:7,13 305:8 307:19 385:4 386:1,18 393:8,19 445:18 446:2 402:25 312:9,16,19 318:9 320:24 394:6 395:17 396:14,22 technician testifying 321:2 322:11 324:22 400:22 401:7 405:17 444:3,4,6,10 446:20 350:11,11 326:17 339:9 344:23 345:7 410:16418:4 423:21 technicians testimony 347:2 348:15,19 350:8 426:19 430:1 433:11,25 444:10 361:15,16 440:1 480:7,9 353:4 354:22 357:16 438:20 439:21 443:5,5,15 technique 481:3 525:22 549:6,8 359:10,10 360:22 361:8 443:16 446:21 447:1 520:25 testing 366:24 369:9 370:19 371:5 450:19451:2,13,15457:20 techniques 302:10 372:11,19 373:24 375:1 461:10463:11 468:12 410:19 432:4 433:18 479:7 tests 386:3 387:5 392:2 393:4,22 474:4,16 475:22 477:14 486:8 498:10 519:21 487:8 494:7 540:22 395:2 396:22 398:22 406:6 479:13,22 480:5,17 483:3 technology texas 406:24 412:12,18 413:7,19 492:1 499:24,25 500:17,18 516:5 525:24 284:4 416:24 420:8 426:3 428:7 503:9 505:25 506:15 telephone text 429:3 440:16 442:6,9 443:8 509:25 514:1 517:7 518:9 284:5,10 337:2 319:2 335:5 450:12 452:1 451:1 469:9 475:11 477:17 519:25 521:10 526:3 telex 463:13 488:5,5 502:1 503:16 504:1 529:24 537:6 538:8 542:24 286:21 294:13 498:8 thank 504:20 509:2 510:14 512:3 544:15 545:9 tell 306:22 316:15 326:10,20 512:7 514:19 518:16 520:8 timely 295:24 296:11 313:6 329:2 326:21,22 328:21 341:13 522:20 526:4,15 530:18 459:12,18 342:5 359:7 364:13 411:10 349:1 354:4 355:1 359:5,18 533:2 534:23,25 541:14 times 414:11,15418:20 423:19 359:20 372:1,24 374:1,25 542:4 350:22 381:19 446:1 429:6 434:11 445:13 455:1 380:7 409:13 416:22 third 457:12513:11,12 457:3 459:7 472:3 497:5 424:14 450:16,18 497:12 321:16 338:17 339:2,4 tissue 504:25 508:7 527:10 545:11 373:1 405:3 430:11,19,21 417:14419:16,22 502:5,16 537:24 541:18 thanks 468:23 476:5 511:6 504:14 505:1 540:13 340:21 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056008 [tissues - unidentified] tissues tran tryon ubiquitous 425:20 487:6 541:17 285:17,20 286:15 284:17 442:4 title transcript tsd uh 445:21 448:20 496:23 518:19 445:17 473:3 504:2 transferred tucker ultimately titled 299:20 513:22 283:1 284:15 285:3,18,20 461:7 462:14 450:9 transit 286:16,17 287:4,6 290:11 ultraviolet tno 437:4 292:4 299:16 304:15 318:2 498:10 translation 305:22 309:25 310:17 unable today 294:2 343:22 345:23 317:1 322:6 325:18 330:3 458:24 287:12 295:24 343:18 transmitted 350:10 354:25 358:24 unaware 366:7 402:22 411:10 400:18 474:14 364:18 365:18 373:2 501:4 457:11,21 459:9 491:19 transport 374:17,23 375:4 378:3 uncertain 519:24 303:20 514:6 379:21 380:2,6,12,24 381:4 414:17 today's transportation 385:21 386:5 406:21 407:5 undergoes 287:2 515:5 408:18 409:6 415:2 431:7 497:19 told transported 432:25 434:5 440:1 445:13 underlined 293:16411:6,19413:6 513:15,19 514:21 515:2,17 448:17 449:13 451:22 313:14,17 338:5,7 383:18 428:7 482:4 507:16 516:14 transwestern 456:2,4 460:4,7,17 477:5 underlining 516:15 537:15 311:17 322:19 324:5,22,24 477:23 484:2,5 490:3,4 383:24 top 327:17,25 460:14 499:15 500:22 504:24 underneath 310:5 318:24 336:7 382:24 traveling 519:8 537:11 544:21 545:6 456:4 382:25 384:21 476:17 381:13,18 382:3 547:3 understand topic treated tuckers 296:10 304:7 307:3 348:1 348:10 363:12 402:21 475:5 423:8 375:7,16,17 385:5 386:12 total trichlorophenol tucker's 401:11 406:18 407:24 304:4 476:17 481:14 312:16 422:25 408:15 409:22 415:16 touch trillion tuna 416:21 450:11 462:22 357:5 358:5 488:24 409:4 463:23471:7,16,16 515:20 toxic trivial tungsten 526:8 542:8 544:23 289:11 304:19 491:13 289:6 525:2 understanding 492:19 trouble tunstall 287:14,17 332:18 348:17 toxicity 348:22 439:19 337:1 348:21 369:18 383:5 356:11 360:14 486:25 true turn 385:19 391:2 418:4 422:15 489:1,2 539:21 540:10 288:6,9,22 290:5 300:22 340:5 391:23 410:9 471:1 429:25 481:1 503:11 toxicological 303:4 332:3 351:10 394:17 473:19 489:18 490:21 515:21 516:16 525:22 356:15 360:7 492:6,7 395:8,13 411:20,22,23 turns 526:2 537:4 543:2,3 toxicologically 412:1 413:9,10,12,14,17,17 300:20 understands 491:22 414:13,16,17420:11 twice 388:25 toxicologists 422:12 482:15 515:15 385:24 386:1,7 understood 315:5 491:9 492:15 517:12 type 373:14,19,21 438:15 toxicology truthful 297:5 303:16 332:19 515:12,13 315:3 350:20 360:24 372:14 437:11 434:14 498:11,23 undisturbed 362:21 try typed 464:10 481:4 trace 328:12 340:3 348:24,24 518:18 undue 337:6,9 402:9 443:12 389:23,24 391:22 392:1,2 types 350:24 499:22 429:22 483:7 321:6 436:10 unequivocally traces trying typewriting 432:4 438:9 440:19 307:3 312:8 323:3 325:9,17 549:10 unfair trade 327:14 341:23 361:17 typo 464:23 313:19 374:16,18 375:4 396:24 378:7 unfortunate trained 446:21 training 444:2,5 420:2 424:7 432:21,22 435:17 451:12 457:24 461:1 462:11 465:10 501:18 536:21 u u.s. 304:5,8 330:22 371:16 372:6 376:13 347:11 unfortunately 489:10 unidentified 390:18 397:15,24 404:10 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056009 [unidentified - wheeler] unidentified (cont.) uses viewpoint wanted 485:23 304:3 343:25 344:1 349:16 312:6 315:23 372:19 311:9 353:1 416:14450:1 united 388:6 393:5 384:12 418:14,16,17 422:9 457:12 535:12 283:1 304:12 330:21 357:8 usually 466:23 wanting 358:8 363:7,17 364:6,22 383:22 388:20 417:1 525:2 visit 451:7 366:20 370:18 390:3,10 utilize 344:3 wants 391:7 393:2 395:20 396:7 533:20 visited 326:8 444:21 510:3 431:13,23 432:3 433:2,19 V 349:8 381:23,24 warning 434:7,17 495:19 496:14 units vacuum 524:25 visiting 344:3 510:7 Washington 525:9,10 universal 418:21 university validate 307:23 362:25 521:16,21 522:11 validating visual 465:22 511:21 visually 511:23 380:13 381:5,14,18 382:4 453:7 waste 352:2 437:9 338:21 464:3 486:3 288:16 290:7,13 291:20 vitae water unknown 295:19,25 298:9 313:9 363:18 validity 531:6 volitized 297:18,18 298:3 392:12 430:7,12,22,24 433:1 317:10406:6411:12,16 452:8 485:20 520:7 361:4 362:10 406:22 407:1 409:7,16,20,21 410:25 497:15 volume 436:12,16 437:9 512:1 513:6,9,20,22 514:2,10,18 unknowns 313:13 unmistakably valuable 466:19 value 283:1 284:14 285:1,11 286:1 399:25 volumes 535:17,21 536:9 538:1 waters 408:24 438:9 440:19 unpublished 464:8 vapor 455:22,23 w ways 513:21 402:9 unqualified 347:14 392:11 variables 477:4 480:13 wait 341:7 454:24 waiting wedneday 283:1 week unrest 306:9 variety 303:17 371:1 418:21 526:11 walk 356:3 weeks unsuccessful 401:20 403:25 452:9 unusual various 303:22 378:2 404:11 462:25 515:18 471:21 walked 401:8,14 295:8 443:15,19 weight 476:25,25 505:9,16,20,22 357:7 358:7 359:25 363:6 363:16,21 364:5,10,21 vein 289:19 walleye 298:1 505:23 506:3,23 507:4,5 509:7 525:8 366:21 367:6 374:10,14 unwise verbal 459:2 walls 476:12 welcome 325:14 367:12 409:14 357:1 verified waiter wells update 454:9 upper 433:11 434:2 520:5 verify 431:14 283:1 want 308:17 309:14,24 310:25 455:10 wenn 293:22 321:17 455:4 upside 504:23 urgent verifying 288:20 version 456:14 311:7,8 322:22 344:7,22 345:8 348:23 350:3 351:7 353:1 354:8,16 362:14,15 362:16 365:4 367:8 372:24 went 310:23 362:7 364:16 369:13384:4 385:14411:3 416:11 460:21 480:10 498:12,20 499:18 versus 372:25 373:1,12,13 375:6 523:24 527:16 529:22 urgently 498:21 usage 485:8 368:15,19 393:14 394:20 418:1 429:24 504:22,23 513:10,10516:12518:23 538:17 377:4 385:5 397:22 401:6,7 408:13 412:3,19 414:4,6 424:19 428:21 435:13 441:23 443:6 445:6 448:9 west 390:3,10 wet 505:9,16 391:7 506:3,23 507:5 use videographer 448:10 453:5 455:11 465:5 we've 302:19 303:14 403:7 404:3 413:12 489:16 516:4 521:7 284:12 287:2 365:12,17 412:23 413:1 414:21,24 465:6 469:2,4 483:4,14,18 483:24 484:1 488:3 491:3 395:12 425:3 529:23 whatsoever 523:16 528:25 529:20 547:12 459:23 460:3 532:2,5 544:4 544:7 545:12,15 496:7 508:18 515:24 518:10 522:8 535:4 536:17 481:7 500:21 wheeler useful 421:6,9 videotaped 283:1 536:21,25 540:6 286:10,12,14 335:8 369:2 377:24 380:13 381:15,19 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056010 [wheeler - yesterday] wheeler (cont.) wish work (cont.) written 382:4 387:10 435:10,23 547:6 522:23,24 525:13 531:18 293:16 307:6 317:14,15 448:22 450:8 451:23 453:7 wishes worked 318:13,17 379:13 385:23 455:3 456:23 460:19 466:4 451:17 335:18,20 379:14 433:8 393:14,16 445:24 448:19 466:13,14 503:21 withdraw 492:4 525:14,17 527:16 448:23 455:2,3,7 470:20 wheeler's 487:23 536:25 workers 532:20 334:20 335:1 369:3 463:25 withdrawal 349:10,14,16 485:22 wrong whh 489:11 working 339:11 395:14 416:9 335:23 withdrawing 328:16,24 332:15 337:7 516:15 520:12 526:16 whichever 483:19,21 347:6 366:12,13 444:6,9 wrote 437:3 withdrawn 457:25 528:14 307:7 318:23,24 355:20 wholly 490:11 works 371:14 418:4 422:20 338:24 witness 309:3 374:8 378:23 457:8 427:22,25 428:5 441:5 wide 285:2,5 287:7 293:3 308:1 488:9 454:7,16 475:14 486:6 337:9 485:8 widely 457:17 495:17 widespread 302:19 434:15 widmark 285:15 290:15 298:14 308:14,20,24 309:2,2 311:4 312:1,14,21,23 313:3 315:9 309:13 310:2,25 311:7 workshops 316:17 326:12,21 330:1,5 317:22 342:24 345:1,7,12 355:1 world 357:19 358:22 367:3 305:8 439:9,14 440:2 374:12 375:14,22 376:3,5 462:10 379:23 380:8 387:3 397:5 world's 417:5 430:18 444:8 445:16 305:12 467:21 483:10 493:2 worldwide 494:18 521:4 537:3 545:21 307:12 502:1 530:5 X xerox 380:11 381:3 xeroxed 382:21 xeroxes 455:13,15 y 317:17 323:15 328:23 549:6,8 worried yeah 338:5,13 341:17 351:4 wonder 349:17 297:25 309:16 312:12 356:20 390:20 398:25 291:5,6 352:23 worth 318:21 322:4,16 325:7 399:16,17,18,20,23 400:3,6 wood 368:21 332:2 335:1 336:6,15 401:9 410:7 438:22 452:4 285:13,23 286:5 292:20 wow 341:11,15344:11,19351:2 452:16 453:14,25 455:25 333:11 336:22 341:3 410:17 351:17 365:23 380:23 457:8 459:5 486:3 516:3,17 342:18 343:6 355:21 357:6 wright 382:23 384:6,20,23 385:16 516:24 517:15,24 519:25 358:5 359:2 448:4,16,23 284:3 285:4 287:11 310:15 398:23 399:15,19 407:25 520:18 521:7 522:24 450:6 451:17 454:8 310:19,22 311:2,9 325:12 423:18 425:7 429:17 widmark's wood's 325:20 326:8,11,22 327:1 437:25 438:7 465:3 469:16 309:22 320:18 321:7,17 450:4 332:1,3,8 340:20,22 342:9 469:19471:5,10 529:23 371:21 455:8 458:3 517:6 word 342:15,25 343:2 344:25 533:2 534:19 542:9 531:18 328:6 338:3 348:6 357:20 345:3,11,13,14 353:24 year wife 406:23 413:12 423:10 354:1 357:22 362:3 365:11 290:16,20 300:13 310:7 299:9 425:13,14,19 428:18 365:20 373:6,11 374:18,25 312:4 317:20 364:20 wild 502:25 527:9 375:9,21,25 376:4,6,9 393:13 445:4 446:24,25 355:8 words 379:24 380:10 382:23 464:17499:17,18 531:10 wilde 387:16 401:13 407:15 397:7,10,11 407:20 412:19 years 286:3 355:5,8,20 408:2,8,16,21 412:4 412:21 413:3414:19415:1 299:11 303:8 327:11 wildlife work 422:23 445:25 459:20 328:14,20 331:9 333:22 304:17 390:2,10 391:6,13 288:16 290:8,13,15 291:21 460:6 483:21,24 484:4 337:7 340:2 393:18 394:17 402:3 403:7 404:3 423:15 297:11 298:19 307:23 488:18 493:1,4 503:21,22 394:18 395:15 396:15 423:17 424:11,13 425:17 315:5 320:18 321:8 322:8 518:13 519:4,7 531:24 406:17 457:10 458:1 448:21 449:3 450:9,21 329:20 338:19,22,25 532:1,7 534:5 537:2,5,8 459:10,12 466:18 475:10 452:12 455:7 458:9 474:23 340:10 344:5 346:16 544:2,9 545:5,11,13 480:24 481:5,11,17 482:6 485:1 487:9 347:10,13350:19351:11 write 482:12 524:14,17 531:11 willing 356:15 361:5 362:25 351:10 428:1 457:2 486:15 yellow 398:4 364:14,19 372:15 388:22 547:7 544:13 wind 390:20 396:23 397:16 writes yesterday 515:2 402:2 410:5,6 445:22 388:20 288:14 292:6 294:7 302:5 wise 446:22 449:5,5,8 450:22 writing 362:8 377:1 416:11 418:7 370:9 461:23 451:12,13 452:4 453:14 384:8,13 389:15 442:10 446:1 452:3 515:25 458:3 511:8 516:19 517:6 516:14,23 517:14,18 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056011 [yesterday - yusho] yesterday (cont.) 518:15 520:9,12 524:21 525:23 york 333:5 yusho 499:2,15 Tucker, E. Scott (deft's analyt chem expert) in OWENS WATER PCB-SD0000056012