Document rBnVYg4wmE47bVZqzpoaOD9Vv
Page 1
1 MONTANA TENTH JUDICIAL DISTRICT COURT, FERGUS COUNTY 2
3 MARTY PAULSON, WILLIAM J.
)
HAUGEN, HARRY FELTON, RAY
)
4 ROBINSON AND WARD BURLEIGH, )
PRESIDENT; BURLEIGH ANGUS
)
5 RANCH, INC., INDIVIDUALLY
)
AND FOR ALL PERSONS
)
6 SIMILARLY SITUATED,
)
)
7
PLAINTIFFS,
)
8 vs .
) CAUSE NO. DV-2004-55 )
) HON. KURT KRUEGER
9 MONSANTO CHEMICAL COMPANY
)
N/K/A PHARMACIA, MONTANA
)
10 DEPARTMENT OF FISH, WILDLIFE )
AND PARKS, AND JOHN DOE PAINT)
11 COMPANIES AND DISTRIBUTORS I )
THROUGH X, 12
)
)
DEFENDANTS.
)
13
14
VIDEOTAPED DEPOSITION OF WILLIAM PAPAGEORGE
15 TAKEN BY TORGER S. OAAS, ESQ. ON BEHALF OF THE PLAINTIFFS
16 JUNE 27, 2006
17
VOLUME I
18 19 REPORTED BY CHRISTOPHER C. WIEGERS
CERTIFIED COURT REPORTER
20 VIDEOTAPED BY MARK DRYER
CERTIFIED LEGAL VIDEO SPECIALIST 21 22
23 RANKIN REPORTING & LEGAL VIDEO, INC.
1015 LOCUST STREET, SUITE 911
24 ST. LOUIS, MISSOURI 63101-1329 (314) 231-2202
25 (800) 285-2115
TOWOLDMON0045898 WATER PCB-00036875
Page 2
Page 4
1 MONTANA TENTH JUDICIAL DISTRICT COURT, FERGUS COUNT-') 1
2 3 MARTY PAULSON, WILLIAM J. )
2
HAUGEN, HARRY FELTON, RAY )
3
4 ROBINSON AND WARD BURLEIGH, ) PRESIDENT; BURLEIGH ANGUS )
5 RANCH, INC., INDIVIDUALLY )
4 5
AND FOR ALL PERSONS 6 SIMILARLY SITUATED,
)
7 PLAINTIFFS, )
) )
6 7 8
8 vs.
) CAUSE NO. DV-2004-55 ) ) HON. KURT KRUEGER
9 10
9 MONSANTO CHEMICAL COMPANY ) N/K/A PHARMACIA, MONTANA )
10 DEPARTMENT OF FISH, WILDLIFE ) AND PARKS, AND JOHN DOE PAINT)
11 12 13
11 COMPANIES AND DISTRIBUTORS I)
THROUGH X,
)
12 )
14 15
DEFENDANTS. ) 13 14 15 VIDEOTAPED DEPOSITION OF WILLIAM PAPAGEORGE,
16 17 18
16 produced, sworn and examined on the 27th day of June, 17 2006, between the hours of eight o'clock in the 18 forenoon and six o'clock in the afternoon of that day
19 20
19 at the offices of Husch & Eppenberger, LLC, 190 20 Carondelet Plaza, Suite 600, in the City of St. Louis, 21 State of Missouri, before CHRISTOPHER C. WIEGERS, 22 Certified Court Reporter, in a certain cause now
21 22 23
23 pending in the Montana Tenth Judicial District Court, 24 Fergus County, in the above-captioned matter. 25
24 25
INDEX Examination by Mr. Oaas
PAGE
6
EXHIBITS
No. 1 - Curriculum Vitae
6
No. 2 - PCB Production Chart
6
No. 3 - Table Chart
6
No. 4 - Presentation of Monsanto's PCB Program 6
No. 5 - 10/11/37 Letter From L A. Watt
6
No. 6 - 2/14/50 Letter From Dr. Kelly
6
No. 7 - 9/1/53 Letter From Mr. Wheeler
6
No. 8 - Monsanto Document
6
No. 9 - 8/19/55 Letter From D.V.N. Hardy
6
No. 10 - 9/10/5 5 Letter From Dr. Kelly
6
No. 11 - 9/20/55 Letter From Dr. Kelly
6
No. 12 - April '55 Document From Mr. Mather 6
No. 13 - 12/19/1956 Letter From Mr. Sido
6
No. 14 - 2/2/61 Letter From Dr. Kelly
6
No. 15 - 1/19/62 Letter From Mr. Wheeler
6
No. 16-11/12/62 Letter From Mr. Wheeler
6
No. 17 - January '62 Article From Poultry Science 6
No. 18 - November '65 Article From Poultry Science 6
No. 19 - 10/21/71 Letter From Dr. Hunt
6
1 APPEARANCES 2
ON BEHALF OF THE PLAINTIFFS: 3
LAW OFFICE OF TORGER S. OAAS 4 Torger S. Oaas, Esq.
Post Office Box 76 5 Lewistown, Montana 59457 6
LAW OFFICE OF WILLIAM E. BERGER 7 William E. Berger, Esq.
Post Office Box 506 8 Lewistown, Montana 59457 9
LAW OFFICE OF CRAIG R. BUEHLER 10 Craig R. Buehler, Esq.
505 West Main, Suite 210 11 Lewistown, Montana 59457 12 13 ON BEHALF OF THE DEFENDANTS: 14 HUSCH & EPPENBERGER, LLC
Adam E. Miller, Esq. 15 190 Carondelet Plaza, Suite 600
St. Louis, Missouri 63105-3441 16 17 BROWNING, KALECZYC, BERRY & HOVEN, P.C.
J. Daniel Hoven, Esq. 18 139 N. Last Chance Gulch
P.O. Box 1697 19 Helena, Montana 59624 20 21 ON BEHALF OF DEFENDANT COLUMBIA PAINT: 22 GARLINGTON LOHN ROBINSON
Stephen R. Brown, Esq. 23 199 West Pine Street
P.O. Box 7909 24 Missoula, Montana 59807-7909 25
Page 3
Page 5
1 No. 20 - Collection of Table Charts
6
2 No. 21 - 9/3/65 Letter From Mr. Wheeler
6
3 No. 22 - 12/6/55 Letter From D.V.N. Hardy
6
4 No. 23 - Monsanto Document on Aroclor
6
5 No. 24 - 8/29/60 Letter From Mr. Garrett
6
6 No. 25 - 8/6/70 Letter From E.S. Tucker
6
7 No. 26 - 4/29/70 Letter From Dr. Hunt
6
8 No. 27 - Aroclor Environmental Program Document 6
9 No. 28 - 6/9/72 Letter From Biological Consultants 6
10 No. 29 - 8/6/71 From Mr. Wheeler
6
11 No.30 - Study Done By Mr. Jensen
6
12
13
14
15
16
17
18
19
20
21
22
23
24
25
2 (Pages 2 to 5)
TOWOLDMON0045899 WATER PCB-00036876
Page 6
Page 8
1 (deposition Exhibit Nos. 1 through 30 were
1 sure for the record that you feel that you're mentally
2 marked for identification.)
2 and physical -- mentally and physically capable of
3
THE VIDEOGRAPHER: This is the videotaped
3 having your deposition taken today for four hours?
4 deposition of William Papageorge in the case Burleigh
4 A. Well, I'm bias, but I do feel that I'm
5 Angus Ranch, Inc., et al., vs. Monsanto Chemical
5 capable.
6 Company, et al., Cause No. DV-2004-55 in Montana Tenth 6
Q. Okay. Good. All right. Do you know
7 Judicial District Court, Fergus County.
7 anything about the case in Montana, Mr. Papageorge?
8 Today is June 27, 2006. The time is
8 A. A little bit. I -- I don't remember the
9 approximately 9:00 a.m. My name is Mark Dryer with
9 names of the attorneys and the entities that are
10 Rankin Legal Video. The court reporter is Chris
10 involved.
11 Wiegers.
11 Q. Just tell me what you know about it.
12 Will the court reporter please swear in the
12 A. I understand it has something to do with
13 witness?
13 people who have property bordering some waters that are
14 (Wherein, the witness was placed under
14 contaminated with materials referred to as PCBs, and
15 oath.)
15 that's all I know at the moment.
16 EXAMINATION
16 Q. That's about the sum of it?
17 BY MR. OAAS:
17 A. Yes.
18 Q. Sir, would you state your name, please?
18 Q. Okay. Now, I've handed your attorney a
19 A. William Papageorge.
19 stack of documents, and we're going to be spending most
20 Q. Mr. Papageorge, my name is Torger Oaas. Can 20 of the deposition time looking at those documents, as
21 you hear me okay?
21 many as we can, and if you - I've marked them
22 A. Yes.
22 sequentially by number and -- with the blue tag. Do
23 Q. Okay. I am down here with Bill Berger and
23 you see the blue tag on the bottom there?
24 Craig Buehler to ask you some questions about a case
24 A. I do.
25 that's going on in Montana.
25 Q. If you would just - if you wouldn't mind
Page 7
Page 9
1 Now, let's just discuss a few prelim --
1 taking a look at the first one marked Exhibit 1. Is
2 preliminary things. I under -- I've been told you're
2 that a -- your Curriculum Vitae?
3 83, and we're going to be taking your deposition for 3
A. Yes.
4 about four hours today, is that correct?
4 Q. Okay. Is it -- is it accurate?
5 A. Yes.
5 A. Only one flaw, and it's a minor one. On the
6
Q. Okay. How often would you like to take a
6 la -- on the second page, the listing of my current
7 break?
7 address and telephone number, the area code should be
8 A. Oh, I can't predict that.
8 321 -
9
Q. Okay. Would one - once an hour be fine?
9
Q. All right.
10 A. Is 90 -
10 MR. MILLER: 314.
11
THE WITNESS: Did you say 90 minutes? 80 11
A. --1 mean, 3--314. I'm sorry.
12 minutes?
12 Q. (By Mr. Oaas) All right. That's okay.
13 Q. (By Mr. Oaas) Okay. Well, just--1
13 Okay. And I -- I take it I don't have to explain
14 just -
14 anything about the deposition process to you,
15 A. That's about --
15 Mr. Papageorge?
16 Q. - want to let you know if you need to take 16 A. That doesn't mean I know anything, so there
17 a break at any time, let us know and we'll stop and - 17 might be a few items that we could touch on as we go.
18 and let you take a break. All right?
18 Q. Okay. You understand you're testifying
19 A. At my age, I may need a quickie.
19 under oath?
20 Q. Okay. That's - that's fine. We'll -
20 A. Yes.
21 we'll try to work - we'll try to work - accommodate 21
Q. That's all I want to know really.
22 you as much as possible. All right?
22 A. Yes.
23 A. Thank you.
23 Q. Okay. Now, Deposition Exhibit No. 1
24 Q. All right. Now, we've never -- never met 24 indicates that you first went to work for Monsanto
25 before, and - and given your age, I just want to make 25 in -- I think in 1951, would that be correct?
3 (Pages 6 to 9)
TOWOLDMON0045900 WATER PCB-00036877
Page 10
Page 12
1 A. That is correct.
1 the Anniston plant?
2 Q. Okay. And it -- it appears that you worked
2 A. I would describe that as the position that
3 your way up through the company until you became the 3 is sometimes referred to as the buck stops here.
4 General Superintendent of Manufacturing at the W.G. 4 Everything --
5 Krummrich plant in 1964?
5 Q. Okay.
6 A. 1954? Did you say '54 or '64?
6 A. -- reports up to the plant manager position.
7 Q. '64?
7 Q. All right. And then following your stint as
8 A. '64.
8 Plant Manager, your resume indicates that you became
9 Q. Yeah.
9 the Manager of Environmental Control for the Organic
10 A. Yes, that is correct.
10 Division at St. Louis? Am I reading that correctly?
11 Q. Okay. And where is that plant located at?
11 A. That is correct.
12 A. I hesitate because they've changed the names 12 Q. And that position was from 1970 to '73?
13 of the --
13 A. Yes.
14 Q. Okay.
14 Q. And what were your job duties and
15 A. -- community which was associated with it,
15 responsibilities as Manager of Environmental Control
16 but the last address I remember is Sauget, Illinois,
16 for Monsanto, Mr. Papageorge?
17 S-a-u-g-e-t, Illinois.
17 A. It involved -- or required me to be very
18 Q. Okay. And Sauget would be the name of the 18 familiar with particular products produced by Monsanto
19 town that -- that the plant was located in?
19 and the effect, if any, on the environment.
20 A. Yes.
20 Q. Okay. In -- in that position, did you --
21 Q. Okay. And then following your position at 21 did you deal with PCBs?
22 that company, then you went to work in Anniston,
22 A. Yes.
23 Alabama, I believe?
23 Q. Okay. And then you -- then you went on to
24 A. Yes.
24 be the manager of product acceptability for Monsanto
25 Q. Okay. And you were the -- at least your
25 Industrial Chemical Company in 1973,1 think your
Page 11
Page 13
1 resume indicates you were the Plant Manager there?
1 resume indicates, is that correct?
2 A. Yes.
2 A. That is correct.
3 Q. Okay. Now, what kind of plant did Monsanto
3 Q. What did -- what was -- what did that
4 operate in Anniston, Alabama?
4 position entail, sir?
5 A. I don't know how to describe the kind --
5 A. It kept the duties I referred to earlier and
6 it's just a general chemical plant.
6 picked up other products, additional products, produced
7 Q. Okay.
7 by Monsanto.
8 A. Various products produced in different
8 Q. Okay. So as Manager of Product
9 areas.
9 Acceptability, you were at least in part dealing with
10 Q. Okay. Was one of the products produced
10 environmental concerns relating to PCBs?
11 there something known as PCBs?
11 A. Yes.
12 A. Yes.
12 Q. Okay. And then you went on to be Manager of
13 Q. Okay. Did -- at that time, at the time you
13 Product Acceptability with Monsanto Chemical --
14 were the Manager in Anniston between 1965 and 1970, did 14 Chemical Intermediates Company starting in 1977?
15 Monsanto manufacture PCBs at any other place besides 15
A. Yes.
16 Anniston?
16 Q. And what was your job -- what was that
17 A. Yes.
17 position?
18 Q. And where would that be?
18 A. The position is identical to the previous
19 A. It was at the plant referred to in this
19 one. It's -- the company reorganized and named its
20 exhibit as W.G. Krummrich Plant.
20 units differently, and that's what that entry --
21 Q. The plant at Sauget, Illinois?
21 Q. Okay.
22 A. Yes.
22 A. -- reflects.
23 Q. Okay. All right. And would you just
23 Q. And your j ob title was Director of
24 briefly describe what your duties and responsibilities
24 Environmental Operations?
25 would have been as the Plant Manager for Monsanto at 25
A. Yes.
4 (Pages 10 to 13)
TOWOLDMON0045901 WATER PCB-00036878
Page 14
Page 16
1 Q. Okay. The title changed, but basically,
1 Q. Okay. Well, I'm just trying to get a handle
2 your job duties and responsibilities were the same as 2 on how much PC -- how many -- how much PCBs Monsanto
3 you previously discussed?
3 produced during the time that it made them, and maybe
4 A. It picked up an additional area which we
4 we can start with a date. Let's get a time reference.
5 referred to as Industrial Hygiene Worker Exposure -- 5 Mr. Papageorge. Can you tell us when Monsanto began to
6 Q. Okay.
6 make PCBs?
7 A. -- Situations.
7 A. As I understand it, it was -- in 1929, they
8 Q. Okay. And then you became the Director of 8 bought out a company that made PCBs, and Monsanto
9 Environmental Operations for Monsanto Industrial
9 started being involved with PCB production.
10 Chemical Company in 1983, correct?
10 Q. Okay. Do you recall the name of that
11 A. Yes.
11 company? In my reading, I think I came across the name
12 Q. Okay. And again, you would be dealing at 12 Swan Chemical Company.
13 least in part with the environmental concerns of PCBs? 13
A. Swan. That's it.
14 A. Yes.
14 Q. Okay. And was that located here in
15 Q. Okay. And then you became the Manager of 15 St. Louis?
16 Occupational Health for Monsanto Chem -- Chemical 16
A. No. It was in, as I remember it, two
17 Company in 1986?
17 plants, Anniston and some plant up in the east --
18 A. Yes.
18 northeast.
19 Q. And that's the last position you held before 19 Q. Okay. Okay. It started in -- in the -- in
20 your retirement?
20 the 1930s approximately -- late 1930s? Would that be
21 A. That is correct.
21 fair -- would that be a fair statement?
22 Q. And what did that position entail as far as
22 A. Well, when you use the word late, it
23 your job duties and responsibilities, sir?
23 might -- might have -- sometime during 1930.
24 A. It centered primarily on worker exposure to 24 Q. All right. Okay. And when did Monsanto
25 occupational conditions for the whole company really. 25 stop manufacturing PCBs?
Page 15
Page 17
1 Q. All right. Did it have anything to do with
1 A. As best I remember, 1971.
2 PCBs?
2 Q. Okay. Now, during that time -- time
3 A. Of course if the subject did come up -- in
3 frame -- and that's what I'm trying to get a handle
4 1986, the issue was behind us primarily. No -- no
4 on. In reference to this Exhibit No. 2, the exhibit
5 particular discussions relating to PCBs came up dining
5 indicates that as far as U.S. sales go, there were 1253
6 that period.
6 million pounds of PCBs sold during that period of
7 Q. Okay. Okay. As I understand it, Monsanto
7 time. Do you see the -- the number in the second box
8 had ceased manufacturing PCBs by that time?
8 down from U.S. production?
9 A. Oh yes.
9 A. I see it.
10 Q. All right. Okay. If you'd set that exhibit
10 Q. Okay. And do you see the first box up on
11 aside, Mr. Papageorge, and go to the next one, please.
11 top, U.S. production was 1400 million pounds?
12 Deposition Exhibit No. 2 is a document that
12 A. Yes.
13 we received from Monsanto's lawyers, and it has
13 Q. Okay. Now, correct me if I'm wrong, but
14 references to, at least I believe, the amounts of
14 it's my understanding that during the time frame 19 --
15 production of PCBs during the time Monsanto made them? 15 late 1930s -- and I understand that's just an
16 MR. MILLER: Let me object to the form.
16 approximate date -- to 1971, that -- that Monsanto was
17 It's leading, and also, you haven't established whether
17 the sole producer of PCBs in the United States?
18 Mr. Papageorge has any familiarity with this document. 18
MR. MILLER: Object to the form, leading.
19 There's no foundation.
19 MR. OAAS: I know it's leading.
20 Q. (By Mr. Oaas) Okay. I just want you to
20 A. As best as I recall, Monsanto was the sole
21 take a minute and just review the -- the document.
21 producer --
22 A. I have scanned it, yeah.
22 Q. (By Mr. Oaas) Okay. All right.
23 Q. Okay. Have you ever seen that document
23 A. -- unless you include the material
24 before?
24 imported.
25 A. I don't remember it.
25 Q. And I'm not counting imports. Just --
5 (Pages 14 to 17)
TOWOLDMON0045902 WATER PCB-00036879
Page 18
Page 20
1 A. This is just --
1 is part of --
2 Q. Just made in the United States.
2 Q. That's just part, yeah.
3 A. - made in the United States. All right.
3 A. - another report.
4 Q. All right. Now, do you have any knowledge
4 Q. And I'm just using this exhibit because I
5 that you gained during your -- your employment with
5 wanted to focus on the years 1969 and 1970, which by
6 Monsanto concerning the -- the numbers mentioned in 6 your testimony would have been the last two or three
7 this exhibit, total U.S. production of 14 (sic) million
7 years that Monsanto was producing PCBs, correct?
8 pounds, total U.S. sales of approximately 1200 million 8
A. Yes.
9 pounds? Do you have any information that you can say 9
Q. Okay. In the -- if you're looking at the
10 whether or not those are reasonably accurate numbers? 10 column under 1969, this exhibit indicates that the
11 A. I do not.
11 total U.S. production was approximately 76 million
12 Q. Okay. Assuming that they are, the bottom
12 pounds?
13 chart indicates -- app -- appears to indicate the
13 A. I see it.
14 disposition of the PCBs that were manufactured during 14
Q. Do you see that?
15 that period of time?
15 A. Yes.
16 A. That's the way I understand this chart.
16 Q. Does that number sound reasonably accurate
17 Q. Okay. It seems to indicate that there was
17 to you?
18 approximately 150 million that -- the box says soil,
18 A. I have no way of -- determine its accuracy.
19 water, air sediment, do you see that, Mr. Papageorge? 19 I -- I did not memorize such numbers.
20 A. I do.
20 Q. Okay. How about for the domestic sales?
21 Q. Okay. The next box over seems to indicate
21 Would your answer be the same to the 67 million figure?
22 290 millions pounds in landfills and dumps?
22 A. Yes.
23 A. It does.
23 Q. Okay. And for 1970, how about the 85
24 Q. Okay. Do you have any independent knowledge 24 million figure? Does that figure sound reasonable?
25 gained from your employment at Monsanto that those 25
A. Again, I have no -- no way of evaluating its
Page 19
Page 21
1 numbers would be reasonably accurate?
1 accuracy.
2 A. I have no specific knowledge, no.
2 Q. Okay. Let me ask you this question,
3 Q. Okay. And then how about the farthest box 3 Mr. Papageorge.
4 over in the lower left, currently in service? About 4 A. Uh-huh.
5 three quarters of a billion -- three quarters of a
5 Q. What -- in the time frame 1969-1970, what's
6 million pounds currently in service?
6 your estimation as to how many pounds of PCBs Monsanto
7 A. I do not know where that number came from. 7 was producing?
8 Q. All right. Okay. Ifyougoonto
8 A. I don't even know how to approach that
9 Exhibit -- can you go on to Exhibit 3 then,
9 number. I never really concentrated on the total
10 Mr. Papageorge. And just for your information, I'll -- 10 production.
11 I'll tell you that this is a -- a document taken from 11 Q. Okay. How about at Anniston during the time
12 the inter -- interdepartment -- interdepartmental task 12 you were Plant Manager?
13 force report that was done in 1972. I -- I think
13 A. I used to know that number, but I've
14 you're familiar with that task force in some respects? 14 forgotten it now.
15 A. Yes.
15 Q. Would it be in the tens of millions of
16 Q. Okay. And contained in that report were
16 pounds?
17 some production figures for certain years, and
17 MR. MILLER: Object to the form. You're
18 Deposition Exhibit No. 3 appears to be part of that 18 asking him to speculate now.
19 information. Have you ever seen this exhibit before, 19
A. Tens of millions of pounds each year?
20 Mr. Papageorge?
20 Q. (By Mr. Oaas) Each year.
21 A. It seems familiar, but it's so typical of
21 A. Well, that seems a little high to me now,
22 reports of this nature that I cannot recall it
22 but again, I have no background to support that.
23 specifically --
23 Q. Okay. While you were the Manager at
24 Q. Okay.
24 Anniston, I -- I take it that the Anniston plant was
25 A. - and I note that it's continued, so this
25 running at full capacity as far as the manufacture of
6 (Pages 18 to 21)
TOWOLDMON0045903 WATER PCB-00036880
Page 22
Page 24
1 PCBs was concerned?
1 answer? I didn't mean to cut you off.
2 A. Yes, it -- when you say full capacity, it --
2 A. I think I did.
3 generally, it did, but there were times when it, for
3 Q. Okay. Thank you. And I understand that PCB
4 many reasons, would reduce the production --
4 is an acronym for Polychlorinated Biphenyls, correct?
5 Q. Sure.
5 A. That is correct.
6 A. -- or terminate it either for repair or lack
6 Q. Okay. Now, what's the significance of the
7 of sales or storage or -- several reasons --
7 term Aroclor?
8 Q. Okay. I think I --
8 A. That was Monsanto's registered trademark
9 A. - to control that activity.
9 describing a -- a group of chemicals which were
10 Q. All right. Would the same be true at the
10 chlorinated biphenyls and chlorinated terphenyls.
11 Krummrich Plant while you were the General
11 Q. Okay. What's the difference between a
12 Superintendent there?
12 biphenyl and a terphenyl?
13 A. Yes.
13 A. A terphenyl has a -- another benzine ring
14 Q. Okay. Now, let's go on to Exhibit -- the
14 attached to the two that the biphenyls have.
15 next exhibit, Exhibit 4, Mr. Papageorge, please. You 15
Q. Okay. Now, can you just generally describe
16 can take as much time and look through that to see if 16 what Monsanto -- well, strike that.
17 you can identify it, please.
17 What -- what uses were made of PCBs during
18 A. I have scanned this exhibit, and it looks
18 the time Monsanto manufactured them, just in general
19 familiar to me.
19 terms?
20 Q. Thank you. The heading it -- as indicated,
20 A. In general, there were two predominant types
21 it's titled Monsanto's PCB Program, and then your name 21 of uses. One of them was referred to as the
22 appears under the heading, is that correct?
22 plasticiser applications, and the other was the group
23 A. That is correct.
23 referred to as functional fluids.
24 Q. And it says presented at the ANSI Committee 24 Q. Okay. Can you give me some examples -- some
25 C-107 Meeting, September 14, 1971. Do you see what I 25 concrete examples of plasticiser uses for PCBs?
Page 23
Page 25
1 just read there, sir?
1 A. Well, it's an ingredient in paint, the kind
2 A. Yes.
2 that was used on highway lane marks.
3 Q. Okay. And do you recall making a
3 Q. For instance?
4 presentation at the ANSI Committee in September of
4 A. For instance, yes. It was used in so many
5 1971?
5 different chemicals to give them pliability rather than
6 A. I do.
6 being brittle.
7 Q. Okay. And do you recall what the purpose of 7 Q. Okay. Can you give me some -- some examples
8 that presentation was?
8 of uses in the functional fluids category?
9 A. It was my attempt to summarize for the
9 A. Yes. It was used as an insulating liquid
10 committee which was meeting the program followed by 10 inside an electrical transformer to control the arcing
11 Monsanto in responding to all information that was
11 and what have you that would have gone on internally,
12 available to Monsanto to properly manage the PCB issue. 12 to also help keep the transformer from getting
13 Q. Okay. Let me just take a minute and back up 13 overheated. It's a cooling ingredient. Another use
14 for a minute just to get some fundamental definitions
14 was in hydraulic fluids used to operate pressure
15 on the record and -- why don't you just tell me what
15 equipment.
16 your understanding of what a PCB is?
16 Q. And I -- I think we have some exhibits that
17 A. PCB expression describes many chemicals
17 mention a product called Pydraul. Is that -- would
18 produced when a chemical called biphenyl is exposed to 18 that be one of the products used in that particular
19 chlorine and the chlorine attaches itself to this
19 field?
20 biphenyl group in many ways, and there are, as I
20 A. Yes.
21 remember, 11 positions where chlorine could attach
21 Q. Okay. How about for heat tra -- any heat
22 itself, and under conditions of amount of chlorine and 22 transfer equipment? Was it used in -- in that category
23 temperature and time, the amount of chlorine that
23 of uses, too?
24 attaches itself varies.
24 A. Yes, it was.
25 Q. Okay. Are you -- are you finished with your 25 Q. Can you give me a concrete example of that,
7 (Pages 22 to 25)
TOWOLDMON0045904 WATER PCB-00036881
Page 26
Page 28
1 too, please?
1 into the record. It says a thought we must all keep in
2 A. The use in heat transferring equipment was 2 mind, too, is that we've got to live with the PCBs we
3 really to transfer heat to an operation where, of
3 introduced into the environment for the past 40 years.
4 course, the heat was required. For example, to
4 They have not disappeared overnight. They will not
5 pasteurize something, you'd have the PCB inside of 5 disappear overnight. We do not have any tests that
6 tubes that would heat the material it was pasteurizing. 6 tell us how long it will take. We can only make an
7 Q. The example that keeps coming to my mind is 7 educated guess and we might say they will be out there
8 fre -- McDonald's french fries. I mean, are you
8 for another generation 25 to 30 years yet. Hopefully,
9 talking about -- are you talking about a heating
9 it will be a decreasing amount as time goes on. Did I
10 unit -- something that would be used to heat another 10 read that correctly?
11 substance, is that what we're talking about?
11 A. Yes.
12
MR. MILLER: Object to the form and the -- 12
Q. Okay. Those were your words that you spoke
13 and the description.
13 to the ANSI Committee in 1971?
14 A. Well, the -- the McDonald's one involves
14 A. Yes.
15 exposing something to the hot oil itself.
15 Q. Okay. And that was when you were -- you
16 Q. (By Mr. Oaas) Okay.
16 were employed by Monsanto as the Manager of
17 A. In this case, the oil is contained in a
17 Environmental Control?
18 closed system, is heated at one location where the use 18
A. Yes.
19 of gas flames or other sources of heat is permissible, 19
Q. Okay. Now, in reference to that paragraph,
20 and the heated liquid is then sent to another location 20 too -- excuse me -- in reference to that paragraph, I
21 where -- for, say, safety conditions. The hot liquid 21 have a couple of questions. It says a thought we must
22 performs the heating function, and then is returned to 22 all keep in mind, too, is that we've got to live with
23 be re-heated.
23 the PCBs. I was just curious as to your frame of mind
24 Q. Okay. Thank you. Let's go back to Exhibit 24 as to who you -- who you meant when you said we've.
25 4 now if we could.
25 Who is the -- the we in we've?
Page 27
Page 29
1 A. Yes.
1 A. Well, at the time it was the audience I was
2 Q. If you would turn to page 114 of that
2 speaking to.
3 exhibit, please.
3 Q. Okay. Okay. And then when you say live
4 A. I'm looking at the number at the lower
4 with the PCBs we introduced into the environment, who
5 right-hand comer.
5 were you referring to with the we in that sentence?
6 Q. Lower right-hand comer. You've got it.
6 A. I'm sorry. Would you repeat that?
7 You're -- you're with me. Okay.
7 Q. Okay. It says a thought we must all keep in
8 And I just want to go to the middle of the
8 mind, too, is that we've got to live with the PCBs we
9 second paragraph. I think we covered this point, but
9 introduced into the environment, and I'm just wondering
10 if you can find the sentence that starts in this
10 if you re -- can recall who's the we we're -- we're
11 country Monsanto, as sole producer.
11 referring to in that statement. Were you referring to
12 A. I found it, yes.
12 Monsanto or somebody else or can you recall?
13 Q. Okay. And I -- it's -- it -- the sentence
13 A. Again, it's the group I was speaking to --
14 reads in full, in this country Monsanto, as sole
14 Q. Okay.
15 producer, has attempted to improve the situation by
15 A. -- which included Monsanto and its
16 limiting the applications to which these materials are
16 customers.
17 used. We've already covered this, but again, as far
17 Q. All right. The group you were speaking to,
18 as -- excluding imports, Monsanto was the sole producer 18 who did that -- what did -- who did that consist of, do
19 of PCBs in the United States?
19 you recall, sir?
20 A. To the best of our knowledge, yes.
20 A. You mean by individual names?
21 Q. All right. Okay. And then if you just go
21 Q. No, no. Just by--just by--
22 one page back to 113, Mr. Papageorge. And I -- I just 22
A. Well, this is Monsanto certainly, and
23 want to direct your attention to the top of that page,
23 General Electric, Westinghouse. I can't remember all
24 the first paragraph, and I -- I have some questions
24 of the customers that were represented by individuals
25 about the first paragraph, and I just want to read it
25 in this committee.
8 (Pages 26 to 29)
TOWOLDMON0045905 WATER PCB-00036882
Page 30
Page 32
1
Q. Okay. And I -- I understand ANSI stands for
1 then what you were telling the committee was that
2 the National Standards Institute, is that correct?
2 they're going to have to live with about 150 million
3 A. That is correct. American National
3 pounds of PCBs that are in the soil -- that are already
4 Standards Institute.
4 in the soil, water, air, or sediment as is indicated on
5 Q. And I may have asked you all this -- this
5 the bottom row there in Exhibit 2?
6 already, and excuse me if I have, but do you recall why 6
MR. MILLER: Let me object to the form of
7 this meeting was held and why you were speaking at it? 7 the question. You're asking to--him to make
8 A. As best as I recall, Monsanto and its
8 assumptions that he's not got foundation to --
9 customer's employees involved with PCBs --
9 MR. OAAS: Yeah.
10 Q. Okay.
10 MR. MILLER: - to make ?
11 A. -- wanted to establish some sort of -- I'm
11
And there's no indication that these
12 going to call them ground rules which all of us could 12 documents are -- are at all contemporaneous.
13 be guided, and the thought occurred -- and I don't know 13
A. The use of the words soil, water, and
14 who brought it up -- that maybe we should go to the
14 sediment is quite broad, and I am in no position to
15 American National Standards Institute which sets
15 know that the parts per trillion of PCBs in the water
16 standards of all kinds so that it could be monitored by 16 here and another parts per trillion there all add up to
17 others other than just this self-serving group and make 17 150 million. I just--there's--
18 sure that what is proposed in their standards is
18 Q. (By Mr. Oaas) And I'm not either. I'm just
19 appropriate and based on the best information
19 going by the number on this document. And I'm just
20 available.
20 asking -- let's just assume for the sake of my question
21 Q. Okay. Did you fin -- I didn't mean to cut
21 that this is an accurate number. Okay?
22 you off. Did you -- were you finished?
22 A. Assume it's an accurate number at some point
23 A. That was the intent of the group.
23 in time --
24 Q. Okay. I have a bad habit sometimes of
24 Q. Right.
25 cutting people off before they finish their answers, so 25
A. -- and as this is put together, some of
Page 31
Page 33
1 if I do that, you let me know, and I'll let you finish
1 those PCBs are deteriorating.
2 your answer. All right?
2 Q. I understand.
3 A. All right.
3 A. They're fading from the picture in a way.
4 Q. All right. Now, what -- I take it here that
4 Q. Okay. Well, let me ask the question this
5 you were speaking on behalf of Monsanto when you made 5 way. When you were talking to the ANSI Committee, when
6 this presentation?
6 you made the statement that we've got to live with the
7 A. Well, yes. I was describing Monsanto's
7 PCBs we introduced into the environment for the past 40
8 understanding of what the issues were, and I shared
8 years, whatever that amount is your referring to is
9 with the audience what we had done up to this point in
9 what we've got to live with, would that be a fair
10 time.
10 statement?
11 Q. All right. Now, let's go back to Exhibit
11 A. Yeah, whatever -
12 No. 2 just for a minute, sir, if we could.
12 MR. MILLER: Wait, wait.
13 A. I have it.
13 Let me object to the form of the question.
14 Q. Okay. Now, I understand your testimony.
14 I -- I think it was incomprehensible, but if you can
15 You haven't seen this document. You're not--you
15 somehow answer that question, go -- go ahead and do it.
16 can't testily as to whether or not these production
16 A. Well, the intent of my statement was to
17 figures are accurate, but just assuming that they
17 impress on the audience that PCBs are long, long
18 are -- and just for the record again, this was a
18 lasting. They're like pebbles on the beach. Unless
19 document that Monsanto gave us during discovery. And 19 you step on it, it won't hurt you, so --
20 I'm just trying to get a han - a handle on amounts of
20 Q. (By Mr. Oaas) They're going to be there --
21 PCBs that we're dealing with, and when I -- I look at
21 they're going to be there for a long time?
22 your presentation to the ANSI Committee and I see that 22 A. For a long time, but on the other hand, many
23 your statement is that we've got to live with the PCBs
23 of the PCBs sold through the -- that period of time --
24 we introduced into the environment for the -- for the
24 Q. Uh-huh.
25 past 40 years, if these numbers are accurate, then -
25 A. - disintegrate. They disappear. So I
9 (Pages 30 to 33)
TOWOLDMON0045906 WATER PCB-00036883
Page 34
Page 36
1 wanted to impress on the audience that time to get rid 1
A. That's what that tells me.
2 of all of them is going to be many decades. By all of 2
Q. All right. Okay. Let's move on to Exhibit
3 them, I mean the hard to --
3 5, if we could, sir. If you would take a minute to
4 Q. And whatever amount is out there, it's going 4 look at that, please.
5 to -- going to take time?
5 A. I have read it.
6 A. And --
6 Q. Okay. Have you ever seen this particular
7 Q. Whether it's 150 million pounds or 1 million 7 document before?
8 pounds or 5 million pounds or -- or a pound, it's going 8
A. I don't remember it.
9 to take time? That's all I'm trying to get at.
9 Q. Okay. Again, I'll represent to you that
10
MR. MILLER: Let me object to the form.
10 this is a document that was given to -- to us by
11 A. That is true.
11 Monsanto. Do you see the date on it? We're -- we're
12 Q. (By Mr. Oaas) All right. I've got another
12 digging up some older documents here, but it appears
13 question about this bottom row of boxes here in this
13 the date is October 11th of 1937?
14 document we got from Monsanto. The box in the left 14
A. I do.
15 hand comer, the currently in service box, do you see 15
Q. Okay. Do you recall whether that would have
16 that, Mr. Papageorge?
16 been before or after Monsanto purchased Swan Chemical
17 A. I see that.
17 Company?
18 Q. It indicates that the vast majority of PCBs
18 A. First what? I'm sorry.
19 that were produced and sold during the time frame, you 19
Q. Do you recall whether that date of October
20 know, at -- at the top of the -- the document, 1930 to 20 11, 1937 would have been before or after Monsanto
21 1975 are still -- were still currently in service at
21 purchased Swan Chemical?
22 that time?
22 A. Oh. It was after.
23 A. Well, it depends how you define currently in 23 Q. After?
24 service.
24 A. Yes.
25 Q. Well, currently in use, for instance. Like
25 Q. All right. Now, I'm going to read the first
Page 35
Page 37
1 being used in Pydraul, being an ingredient in paint,
1 three paragraphs into the record, and see if I can get
2 not having escaped into the environment yet or
2 them correctly. The first paragraph -- it -- it says
3 destroyed or put in a landfill.
3 experimental work in animals shows that prolonged
4
MR. MILLER: Let me object to the form. I
4 exposure to Aroclor vapors involved at high
5 don't think that's the meaning of currently in service 5 temperatures or by repeated oral ingestion will lead to
6 at all. I think it refers to in capacitors and
6 systemic toxic effects. Did I read that correctly,
7 transformers, but -- and he has no -- no foundation for 7 sir?
8 this document.
8 A. Yes.
9 Q. (By Mr. Oaas) What does it mean to you,
9 Q. Now, the word Aroclor is what strikes me in
10 sir? That -- just that -- what does it mean to you,
10 this case. Now, what -- what is -- again, what was
11 the phrase currently in service?
11 the -- what's the significance of the word Aroclor?
12 MR. MILLER: Let me also object. He's got 12 Are we talking about PCBs there?
13 no foundation for this document, so currently does 13 A. Some of the Aroclors are PCBs.
14 not -- is not a defined term in the context of when
14 Q. Okay. How about Aroclor 1254? Is that a
15 this document may have been produced.
15 PCB?
16 MR. OAAS: Okay.
16 A. Yes.
17 Q. (By Mr. Oaas) I'm still going to ask you
17 Q. Okay. What -- what are some of the other
18 the question, sir. What does it mean to you?
18 Aroclors that are PCBs?
19 A. To me, currently in service -- reading this
19 A. 1221,1254,1260. I can't think of anymore
20 without understanding the background, how it was
20 right now --
21 developed, I look at the date, '75, and I see currently 21
Q. Okay.
22 in service, and I associate the two, and that tells me 22
A. -- but there's -- there are more than that.
23 that currently in service is the known use of PCBs in 23 About double what I gave you.
24 electrical equipment, transformers primarily.
24 Q. Okay. That's fine. And I'm -- I'm mostly
25 Q. Okay.
25 concerned with Aroclor 1254 because that's what's been
10 (Pages 34 to 37)
TOWOLDMON0045907 WATER PCB-00036884
Page 38
Page 40
1 identified as being in the paint in the -- in the case
1 Q. Okay. All right. And then the last
2 in Montana, so we can establish for the record that at
2 paragraph says in talking with Dr. Kelly -- now, do --
3 least by your testimony that Aroclor 1254 is a PCB?
3 do you know who -- who they were referring to there,
4 A. Yes.
4 Dr. Kelly?
5 Q. Okay.
5 A. Yes.
6 MR. MILLER: Well -
6 Q. All right. And who is he?
7 Are you finished with your answer?
7 A. He was Monsanto's doctor/physician, the
8 THE WITNESS: Huh?
8 corporate physician.
9
MR. MILLER: Are you finished with your
9 Q. For Monsanto?
10 answer?
10 A. For Monsanto.
11 THE WITNESS: Yes.
11 Q. For many years?
12
MR. MILLER: Okay. I'm just going to move 12
A. Oh yes. I don't know how many.
13 to strike the portion of your question that had the
13 Q. All right.
14 narration associated with what you believe was found in 14
A. Many years.
15 Montana.
15 Q. Okay. You knew him personally?
16 MR. OAAS: All right.
16 A. Yes.
17 Q. (By Mr. Oaas) And the second paragraph
17 Q. Okay. Now, in reference to Aroclor 1254,
18 reads, I believe, repeated bodily contact with liquid
18 what's the significance, if anything, of the nu -- of
19 Aroclors may lead to an acne-form skin eruption. Did I 19 the numbers 1254?
20 read that correctly?
20 A. The 54 is a percent by weight. That -- that
21 A. Yes, you did.
21 represents the chlorine content of that particular
22 Q. Okay. And then the third paragraph reads
22 Aroclor.
23 suitable draft ventilation to control the vapors e --
23 Q. What about the no. 12?
24 evolved at elevated temperatures, as well as protection 24
A. The no. 12 describes the biphenyl --
25 by suitable garments from extensive bodily contact with 25
Q. All right.
Page 39
Page 41
1 the liquid Aroclors, should prevent any untoward
1 A. -1,2.
2 effects.
2 Q. So the higher the -- the last two numbers,
3 A. Yes.
3 the higher chlorine content?
4 Q. Is that correct?
4 A. Yes.
5 A. Correct.
5 Q. Okay. And would -- would it be proper to
6 Q. Okay. What's a liquid Aroclor as opposed
6 describe Aroclor 1254 as a higher chlorinated bi --
7 to, I take it, a solid Aroclor?
7 Polychlorinated Biphenyl?
8 A. I'm sorry, a liquid --
8 A. Again, it's a matter of what do you compare
9 Q. What's a -- what's a -- is there a
9 it to. If you compare it to 1268, it's not higher, but
10 difference between a liquid Aroclor and something else 10 if you compare it to 1221, it is higher.
11 like a solid Aroclor?
11 Q. Okay. What's the highest chlorinated
12 A. Well, then -- that varies again with the
12 content PCB?
13 degree of chlorination and the temperature that the
13 A. I think 1268 is the best I can recall.
14 material is exposed to.
14 Q. Okay. And where does 1254 fit into that
15 Q. What I'm trying to get it at -- there -- is
15 regime? Was it the second highest, third highest?
16 there a liquid Aroclor and a solid Aroclor?
16 A. Of the commercial materials, it's -- I would
17 A. There was a -- there was a -- it wasn't
17 say that 54 is about third from the top.
18 called Aroclor. There was a material called Montar, 18
Q. All right. Now, let's go to -- on to
19 M-o-n-t-a-r, which is the material left over after they 19 Exhibit No. 6, if we could, sir. Just take a minute
20 distilled off the usable Aroclor and they were left
20 and look at that, please.
21 with this tar-like material.
21 A. I have finished reading it.
22 Q. Okay. So Aroclors were -- were manufactured 22 Q. Okay. It appears to be a letter from, I
23 and sold as a liquid? That's -- that's -- that's all
23 believe, the person we just identified, Dr. Kelly,
24 I'm trying to establish.
24 to -- to somebody named Louis Spolynr -- if I'm
25 A. Yes.
25 pronouncing it correctly -- dated February 14, 1950?
11 (Pages 38 to 41)
TOWOLDMON0045908 WATER PCB-00036885
Page 42
Page 44
1 A. Yes.
1 A. No.
2 Q. Is that a correct description of what you're
2 Q. No?
3 looking at?
3 A. He was not.
4 A. Yes.
4 Q. Okay. And then the letter was written to a
5 Q. Okay. And I just wanted to draw your
5 Mr. E. Mather. Are you -- do you know who that is?
6 attention to the last sentence in the second paragraph, 6 A. Yeah. Mr. Mather is a Monsanto employee in
7 but before I do that, maybe you can identify the person 7 Ruabon, Wales, in England.
8 who is on the BCC at the bottom, Mr. Paul -- and you 8
Q. Okay. Why don't we talk about that for a
9 better pronounce that for me because I'll probably
9 minute just so--it's going to come up later. I've
10 butcher it.
10 seen references to MCL and MCC which I presume mean
11 A. Paul Benignus.
11 Monsanto Chemical London, and MCC being Monsa --
12 Q. Benignus?
12 Monsanto Chemical Company United States, and I don't
13 A. Yes.
13 know if that's right or not, but would you tell me what
14 Q. Okay. B-e-n-i-g-n-u-s. Okay. Benignus?
14 you know about the Monsanto facilities in Lon -- in
15 A. Correct.
15 England?
16 Q. All right. And if I could just draw your
16 A. They were very typical of chemical plants in
17 attention to the last sentence in the sec -- second
17 the U.S.
18 paragraph where Dr. Kelly is -- is stating I suspected 18 Q. Okay.
19 the possibility. Do you see -- do you see that
19 A. I don'tknow how to describe them.
20 sentence there, Mr. Papageorge?
20 Q. Did -- did -- didMonsanto own and operate a
21 A. Yes.
21 PCB manufacturing operation in England?
22 Q. I suggested (sic) the possibility that the
22 A. Yes.
23 Aroclor fumes might have caused liver damage, but was 23
Q. Okay. And where was that located?
24 unable to obtain this information over the phone. I
24 A. I'm having a hard time separating the
25 was also unable to contact the employee's physician.
25 research facility at Ruabon -
Page 43
Page 45
1 Did I read that correctly, sir?
1 Q. Okay.
2 A. You did.
2 A. -- with a producing facility that I think
3 Q. And again, the significance of the word
3 was in York.
4 Aroclor is a reference to PCBs?
4 Q. All right.
5 A. It's not specific to the PCBs. It might
5 A. That's the
best of my memory.
6 have been the PCTs.
6 Q. Okay. And--and from your association with
7 Q. Okay. But it might also refer to the PCBs? 7 Monsanto, do you know where -- the PCBs that were
8 We don't know for sure exactly?
8 produced in England, where were they marketed?
9 A. That's true.
9 MR. MILLER: What period of time are you
10 Q. Anyway, the word Aroclor is used?
10 referring to?
11 A. Aroclor.
11 MR. OAAS: Any period of time.
12 Q. All right. Okay. Let's go on to Exhibit
12 A. They were marketed, of course, in Great
13 7. If you would take a minute and review that, please. 13 Britain and in Europe, competing with the European
14 A. I have finished reading.
14 producers.
15 Q. Okay. Could you identify the author of that 15 Q. (By Mr. Oaas) Okay. Okay. In reference to
16 letter? It appears to be Elmer P. Wheeler. Was he a 16 this -- this particular letter -- and I'm referring to
17 Monsanto employee?
17 the -- why don't we go to the sec -- first sentence of
18 A. Yes.
18 the second paragraph. And it -- this letter appears to
19 Q. As -- as I -- as I understand it, and
19 be dated September 1, 1953, is that correct, sir?
20 correct me if I'm wrong, he was a -- he worked under 20
A. That is correct.
21 Dr. Kelly?
21 Q. Okay. And it--the first sentence
22 A. Yes.
22 indicated as -- as I am sure you know, Aroclors cannot
23 Q. Would that be correct?
23 be considered nontoxic. Do you see what I read there?
24 A. Yes.
24 A. Yes.
25 Q. Okay. Was he also a physician, do you know? 25 Q. And again, we're using the word Aroclor in
12 (Pages 42 to 45)
TOWOLDMON0045909 WATER PCB-00036886
Page 46
Page 48
1 the -- in the plural. I assume that would include
1 9:58 a.m.
2 PCBs?
2 (A short break was taken.)
3 A. Yes.
3 THE VIDEOGRAPHER: We are back on the record
4 Q. Okay. And if you go down to the bottom
4 at 10:10 a.m. starting tape no. 2.
5 paragraph of that letter, I believe it reads as you
5 Q. (By Mr. Oaas) Mr. Papageorge, are you ready
6 indicated, we are watching the use of Aroclors as -- as 6 to continue?
7 plasticisers in emulsion paints. We do not recommend 7
A. Yes.
8 that they be used in paints which might be applied in 8 Q. Okay. Let's go to Exhibit No. 8, if we
9 confined or unventilated areas, particularly if the
9 could, please. Would you just take a minute to look at
10 paints might be used on heated surfaces. Did -- did I 10 that, please?
11 read that correctly?
11 A. I have read it.
12 A. Yes.
12 Q. Okay. I just have a few questions about
13 Q. Okay. Based upon your employment and
13 it. First of all, is the date over in the -- there's
14 association with Monsanto, what were the concerns that 14 some handwriting on the document up in the upper right-
15 are being referenced there, if -- if you know?
15 hand comer, and it appears to be a date, 1954, but
16 A. The concern is related to the concern that
16 it's not real clear, but is that -- is that what it
17 is associated with Monsanto employees manufacturing, 17 appears to you to be, 1954?
18 producing the PCBs, and the PCBs from the very early 18
A. That's what it appears to be, yes.
19 days that were shipped had wording on the labels
19 Q. Okay.
20 regarding breathing exposure of people working with 20
MR. MILLER: Well, hold on. Do you know
21 PCBs.
21 whose handwriting that is?
22 Q. Well -- are you -- are you finished?
22 THE WITNESS: I do not know.
23 A. Yes.
23 MR. MILLER: Or when it was put there?
24 Q. My question re -- though, relects -- re --
24 THE WITNESS: I do not know.
25 reflects the concerns with using Aroclors as
25 Q. (By Mr. Oaas) Have you ever seen this
Page 47
Page 49
1 plasticisers in emulsion paints.
1 exhibit before, sir? Have you ever seen this exhibit
2 MR. MILLER: Object to the form.
2 before?
3 Q. (By Mr. Oaas) And again, I'm specifically
3 A. No.
4 asking about whether or not you knew what those
4 Q. Okay. It's entitled seven workers develop
5 concerns were with the use of Aroclors in paints?
5 Chloracne in plant using Aroclor. Would you tell me
6 MR. MILLER: Let me object to the form.
6 what Chloracne is, and maybe I'm -- am I pronouncing
7 You're mischaracterizing the document. It's relating
7 that correctly, Chloracne?
8 to the use of those paints on highly heated surfaces in
8 A. That's my pronunciation.
9 closed environments where they're being applied to
9 Q. Okay. Can you tell me what that is, please?
10 heating surfaces. That -- that's what the document
10 A. It's a form of a skin disorder similar to
11 refers to.
11 teenage acne, black heads, pimples, and it's -- it's a
12 Q. (By Mr. Oaas) And I was talking -- and I
12 skin problem.
13 wanted to know what concerns -- if you knew what
13 Q. Okay. And what's the significance of
14 concerns were being referenced there?
14 Chloracne and its use around PC -- in its -- strike
15 A. The concerns that I associate this with are
15 that.
16 the affect of high temperatures on PCB products where 16
What's the significance of Chloracne in
17 the material is introduced into the environment because 17 con -- connection with PCB exposure?
18 of the high temperatures, and that environment is
18 A. It's just so rare it -- it doesn't have any
19 similar to the environment the Monsanto employee might 19 significance.
20 be exposed to when he's manufacturing that material. 20 Q. Okay. Okay. I want to direct your
21 Q. Okay.
21 attention to the last two paragraphs of this exhibit,
22
MR. MILLER: We've been going about an
22 and I apologize for the copy, but this is the best --
23 hour. Why don't we take a break if that's all right?
23 best I could do, but I believe it says an unusual
24 MR. OAAS: That's fine with me.
24 feature of this outbreak of dermatitis was the long
25 THE VIDEOGRAPHER: We are off the record at 25 period of exposure before any cases were recognized.
13 (Pages 46 to 49)
TOWOLDMON0045910 WATER PCB-00036887
Page 50
Page 52
1 Sudden recognition of seven cases after 19 months was a 1
MR. OAAS: Just in general.
2 result of the especially careful examination of the
2 MR. MILLER: Let me object to the form.
3 exposed employees after discovery of the first case.
3 A. In general, Monsanto -- if I understood your
4 Of 14 exposed or potentially exposed, seven developed 4 question, you asked to terminate recommending its use?
5 Chloracne. Did I read that correctly?
5 Q. (By Mr. Oaas) At some point -- it's my
6 A. You did.
6 understanding -- and correct me if I'm wrong - that at
7 Q. Okay. Then the last paragraph reads, I
7 some point in time Monsanto ceased to recommend the use
8 believe, the fact that air tests, even in the presence
8 of PCBs as plasticisers for indoor paints?
9 of vapors, showed only negligible amounts of
9 MR. MILLER: Are you referring to Lustrex
10 chlorinated hydrocarbons -- chlorinated hydrocarbons -- 10 Latex paints that were used solely in -
11 are they PCBs?
11 MR. OAAS: No. I'm referring it to all
12 MR. MILLER: Object to the form.
12 indoor paints.
13 A. Chlorinated hydrocarbon -- well, PCBs are
13
MR. MILLER: That presumes there was ever a
14 members of that family.
14 recommendation that it should be used for indoor
15 Q. (By Mr. Oaas) Okay. Then it goes on to say 15 paints --
16 indicates that this type of intermittent but fairly
16 MR. OAAS: Well, we'll get to that --
17 long continued mild exposure is not innocuous. The low 17
MR. MILLER: -- in non-industrial
18 concentration of the chlorinated diphenyl might account 18 applications.
19 for the development of lesion in only 50 percent of
19
MR. OAAS: We'll get to that in a minute.
20 those involved. Did I read that correctly?
20 A. As best I remember, the use in paints was
21 A. Yes, you did.
21 terminated when Monsanto withdrew from the plasticiser
22 Q. Okay. Have you ever heard of this incident
22 applications in the '70s.
23 before reading this exhibit today?
23 Q. (By Mr. Oaas) Okay. In 19 -- in the early
24 A. I have trouble identifying - where did it
24 1970s?
25 occur?
25 A. Yes.
Page 51
Page 53
1 Q. Yeah, the -- there's no -- there's nothing
1 Q. Okay. All right. Let's take a look at
2 in the -- in the exhibit itself. I'm just asking for
2 the -- the front -- first page of this exhibit. I'm
3 your mem -- your memory if you recall where this
3 going to read just the -- the first paragraph into the
4 occurred.
4 record. It says further to my memo of 9th August, I
5 A. I just have no idea where it occurred.
5 propose to summarize the present position on Aroclor
6 Q. All right. Okay. If we could go on to
6 vapor toxicity as an essential background to our policy
7 Exhibit 9 then, please. It's a three-pager, so take as
7 and to our consideration of the Battelle proposal for a
8 much time as you need to look through it.
8 program of tox - toxicological work.
9 A. I have read the exhibit.
9 And the second paragraph goes on to say I
10 Q. Thank you. Can we just identify the people
10 have indicated in my summary of the two reports by The
11 involved in the creation of this exhibit. It appears
11 Kattering Laboratory that prolonged exposure,
12 to be authored by a D.V.N. Hardy. Do you know who that 12 parentheses, seven hours a day for 150 days to Aroclor
13 is, Mr. Papageorge. It's signed by D.V.N. Hardy.
13 1254 vapor at 1.5 micrograms per cubic meter caused
14 A. As I remember, he's a member of the Monsanto 14 slight but positive signs of injury in test animals and
15 team in Great Britain.
15 that similar experiments with the Aroclor 1250 -- 1242
16 Q. Okay. And it was sent to a Dr. J.W.
16 gave negative results at 1.9 micrograms per cubic
17 Barrett. Do you know who that is?
17 meter. Did I -- did I read that correctly?
18 A. Yes. He is also in Great Britain.
18 A. Yes.
19 Q. All right. Now, it's my understanding ~
19 Q. Okay. Let -- can you identify The Kettering
20 and correct me if I'm wrong, but at some point in time
20 Laboratory that's mentioned in that --
21 Monsanto ceased to recommend the use of PCBs as
21 A. I've heard of Kettering, but I've never
22 plasticisers for indoor paints, is that -- is that
22 personally worked with him, so --
23 correct?
23 Q. Are they locate -- where are they located,
24 MR. MILLER: Are you referring to this
24 do you know?
25 document or in general?
25 A. I don't know.
14 (Pages 50 to 53)
TOWOLDMON0045911 WATER PCB-00036888
Page 54
Page 56
1 Q. Okay. Are you familiar with the -- the
1 paint. It now seems possible that a hazardous
2 reports by The Kettering Laboratory referred to in that
2 concentration could be obtained in a room in which a
3 second paragraph about the vapor toxicity of Aroclor
3 large area is painted with Aroclor-containing paint.
4 1254?
4 Certainly we must say that these paints must not be
5 A. I am not.
5 used on hot surfaces such as radiators and hot water
6 Q. Okay. And then let's go on down to the
6 pipes. Would that also be new information to you?
7 third paragraph, the last paragraph on the -- that
7 A. Yes.
8 letter, the first sentence. During the near future, at
8 Q. Okay. So I -- I take it from your
9 any rate, our consideration of the suitability of
9 testimony, it's your understanding in your work with
10 Aroclors for specific applications must be governed by 10 Monsanto that Monsanto had never ceased to recommend
11 this finding that prolonged exposure to Aroclor vapor
11 the use of PCBs as plasticisers in indoor paints?
12 at 1.5 micrograms per cubic meter can produce damage to 12
MR. MILLER: Object to the form. That's not
13 the liver and kidneys of test animals. And -- did --
13 the testimony that Mr. Papageorge has given.
14 do you believe that that's a correct statement?
14 MR. OAAS: Okay. I'll let it stand. I'll
15 A. I have no way to judge it -- its
15 withdraw the question.
16 correctness.
16 Q. (By Mr. Oaas) Let's go on to the next
17 Q. Okay. And then if we could go on to page 2
17 exhibit, Exhibit 10.
18 of the exhibit, sir. If you -- I'm going to read from
18 A. I have read it.
19 the first sentence in the -- the first full paragraph
19 Q. Okay. And again, can you identify J.W.
20 where it starts with our own analytical work. Do you
20 Barrett, the author of this document -- appears to be
21 see that, where I'm at?
21 the author of this document?
22 A. I do.
22 A. He's a Monsanto employee in Great Britain.
23 Q. Our own analytical -- analytical work with a
23 Q. Okay. And can you tell me who Mr. H.K.
24 room painted with Aroclor 1248 plasticised Lustrex
24 Nason is, N-a-s-o-n?
25 Latex paint affords evidence that Aroclor
25 A. I don't know how to describe the man. He
Page 55
Page 57
1 concentrations of the order of 0.5 micrograms per cubic
1 originally came from the Great Britain operations and
2 meter can prevail for a month. Would that be new
2 was assigned to work in the St. Louis area with
3 information to you?
3 Monsanto employees.
4 A. I -- first time I've seen that.
4 Q. Okay. And the date of this letter appears
5 Q. All right. Okay. Then let's go down to the
5 to be September 8, 1955?
6 last two paragraphs on that -- on this document. The
6 A. Yes.
7 next to last paragraph reads if the argument I have
7 Q. And again, directing your attention to the
8 presented above is accepted, then we must now line up
8 second paragraph on the first page and in reference to
9 with MCC -- MCC stands for Monsanto Chem - Chemical 9 the Kettering Laboratory again. If I read the first
10 Company, correct?
10 sentence correctly it says recently received through
11 A. That is my understanding.
11 Dr. Kelly the findings of the Kettering Laboratory,
12 Q. Okay -- in withdrawing our recommendation
12 which as far as we were concerned included entirely new
13 that Aroclors be used as plasticisers in Lustrex -
13 data. In particular, the toxicity of Aroclor 1254 was
14 Lustrex Latex paints. As regards to the use of
14 demonstrated with a range of animals at a level of 1.5
15 Aroclors in PVA paints, we have so far made no
15 micrograms per cubic meter. Do -- do you see -- did I
16 measurements of Aroclor concentrations in painted
16 read that correctly?
17 rooms, but I see no reason for believing that
17 A. Yes.
18 materially reduced concentrations would be found.
18 Q. And -- and again, the Kettering Laboratory
19 Would that be new information to you, also?
19 appears to be the same laboratory we referred to in the
20 A. Yes.
20 previous exhibit that you weren't very familiar with,
21 Q. And then the next paragraph reads we have
21 correct?
22 still to examine the position of Aroclors in ordinary 22 MR. MILLER: Let me object. That calls for
23 paints. Here I have argued that the rate of
23 speculation, but you -- you can answer.
24 volatilization will be greatly reduced and probably
24 A. That's my understanding.
25 governed by the rate of migration within the dry
25 Q. (By Mr. Oaas) Sure. And again -- but
15 (Pages 54 to 57)
TOWOLDMON0045912 WATER PCB-00036889
Page 58
Page 60
1 Dr. Kelly would -- would be the same Dr. Kelly who
1
A. Yes.
2 is -- you've id -- previously identified --
2 Q. Okay. And the title of the document is
3 A. Yes.
3 Process for the Production of Aroclors, Pyranols,
4 Q. -- as a Monsanto employee?
4 etc.?
5 A. Yes.
5 A. It is.
6 Q. And he was the Head of the Medical
6 Q. Okay. What -- what -- what's Pyranol?
7 Department at Monsanto?
7 A. Pyranol?
8 A. Yes.
8 Q. Right.
9 Q. Okay. All right. Can we go on to the next
9 A. As I recall, it's a General Electric
10 exhibit then, please, sir, Exhibit 11.
10 trademark for a PCB mixture.
11 A. I have finished reading it.
11 Q. Okay. All right. Let's go to page 49 of
12 Q. Okay. And again, it appears to be
12 the exhibit, which -- and I'm referring to the numbers
13 Dr. Kelly, the Head of the Medical Department
13 down in the right-hand comer. It's really the fourth
14 corresponding with Dr. J.W. Barrett in London?
14 page, but it -- for some reason it's numbered 49.
15 A. Yes.
15 A. I have it.
16 Q. Okay. And -- and the -- the date of this
16 Q. Okay.
17 exhibit is 9/20 of'55?
17 MR. MILLER: It's numbered 49 because you
18 A. Yes.
18 don't have a complete copy of the document.
19 Q. Okay. Just directing your attention to
19 MR. OAAS: All right.
20 the -- the last paragraph on the first page. I believe 20 Q. (By Mr. Oaas) And I'm -- I'm drawing your
21 it reads MCC's position can be summarized in this
21 attention to the Roman Numeral 11 at the top of the
22 fashion. We know Aroclors are toxic, but the actual 22 page -- Roman numeral 11 titled hazards and subtitle
23 limit has not been precisely defined. It does not make 23 toxicity. Do you see where I'm referring to?
24 too much difference, it seems to me, because our main 24
A. I -- yes, I do.
25 worry is what will happen if an individual develops any 25
Q. Okay. And I believe it reads there are many
Page 59
Page 61
1 type of liver disease and gives a history of Aroclor
1 literature references to harmful effects of the type of
2 exposure. I'm sure the juries would not pay a great
2 Chloracne resulting from exposure to chlorinated
3 deal of attention to MACs. Did I read that correctly? 3 diphenyls, especially in cases where people working
4 A. Yes.
4 with small electrical components have been exposed to
5 Q. And again, MCC -- the reference to MCC in 5 the fumes of hot, highly chlorinated Aroclors.
6 the first part of that paragraph appears to refer to
6 Chloracne is sometimes accompanied by gastric troubles,
7 Monsanto Chemical Company?
7 and there are literature references to liver troubles.
8 A. Yes.
8 Did -- did I read that correctly?
9 Q. Okay. Let's go on to Exhibit 12, if we
9 A. Yes.
10 could, please. I'm not going to ask you to read
10 Q. Okay. And then if we could move to page 51,
11 through that entire exhibit. I just have some
11 and I'm referring to the second paragraph that begins
12 questions about specific pages, but if you could just 12 there is need therefore to give warning. Do you -- do
13 take a minute to look through it and see if you can
13 you see what I'm referring to, Mr. Papageorge?
14 identify the general nature of the Exhibit.
14 A. Yes, I do.
15 A. I have scanned the exhibit.
15 Q. There is need therefore to give warning.
16 Q. Exhibit 12, have you ever seen this document 16 For the toxicity of these compounds has been repeatedly
17 before, sir?
17 demonstrated both from the standpoints of their
18 A. I don't remember ever seeing it.
18 absorption from the inspired air as well as from
19 Q. Okay. Do you recognize -- the author
19 effects in producing a serious and disfiguring
20 appears to be E. Mather, and the date of the document 20 dermatitis when allowed to remain in contact with the
21 April 1955, and I'm referring to the first page. Would 21 skin. Since these effects have been repeatedly
22 that be the -- the same Mr. Mather that was Dr. Kelly's 22 observed, industrial hygienists have taken care to see
23 assistant in the medical department --
23 that the proper controls have been established wherever
24 A. Yes.
24 these products are used. For example, the maximum
25 Q. -- that we identified earlier?
25 allowable concentration of the chlorinated --
16 (Pages 58 to 61)
TOWOLDMON0045913 WATER PCB-00036890
Page 62
Page 64
1 chlorinated diphenyl for an eight-hour working day is
1 A. Plant B?
2 one milligram per cubic meter of air. Did I read that
2 Q. Yeah. Why was Plant B rated a toxic
3 correctly?
3 department?
4 A. Yes.
4 A. Well, Plant B is the Krummrich plant that we
5 Q. Now, drawing -- drawing on your experience
5 talked about previously.
6 as the Plant Manager in Anniston, were there controls
6 Q. Okay.
7 in effect from an industrial hygienist's point of view
7 A. I have no idea that they ever rated any
8 as -- as far as controlling the amount of Aroclor that
8 department as toxic.
9 would get into a work room?
9 Q. Okay. All right. Let's continue on with
10
MR. MILLER: Do you mean vapor or liquid?
10 that paragraph. Each operator is provided with a
11 MR. OAAS: Vapor.
11 complete set of clothing comprising of hat, coat,
12 Q. (By Mr. Oaas) Aroclor -- were there -- I'm
12 trousers, combination underclothes, socks, and rubber
13 just asking -- let's just start again. Okay. Let's go
13 shoes. A clean change of clothing except shoes is
14 back to the days of your being a plant manager at the
14 placed in the operator's locker in time for the
15 plant in Anniston. Okay?
15 following shift. Men working extra shifts are given a
16 A. Yes.
16 clean set of clothing. Canvas gloves and goggles are
17 Q. Were there any controls in effect at the
17 provided and, quote, Ply, end quote, hand barrier cream
18 plant from an industrial hygiene point of view with
18 is available for use when necessary. Now, are they
19 respect to Aroclor vapors, PCB vapors?
19 describing the operations at Krummrich there in terms
20 A. Well, there were ventilating systems to pick
20 of safety clothing that was given to the employees?
21 up any vapors that evolve out of an open tank, and they 21
A. They are -- yes, they are.
22 were picked up by this ventilating system and sent to
22 Q. Okay.
23 scrubbing tanks where the vapor was processed to remove 23
A. And that's part of their union contract.
24 anything it contained, and they also went through
24 Q. Okay. And were the -- these same safety
25 fdters. And the other controls were -- respirators
25 measures taken at -- at the plant in Anniston when you
Page 63
Page 65
1 were provided to the workers to wear when the fumes got 1 were the manager there?
2 a little -- to the point where they couldn't tolerate
2 A. I hesitate because there were changes made
3 any more.
3 while I was there.
4 Q. Okay. Anything else?
4 Q. Okay.
5 A. Not that I can think of.
5 A. When I first arrived, it was at the option
6 Q. And maybe I -- maybe the word controls was a 6 of the operator --
7 bad -- a bad -- poor choice of words, but what I was
7 Q. Okay.
8 trying to get at -- were there any limits -- any limits
8 A. -- to take advantage of what was available.
9 set by any government agency, self-imposed limits by
9 Following a union contract negotiation and settlement,
10 Monsanto, or by any -- any group of an industrial
10 I provided changes of clothing, and it even got down to
11 hygienist's recommendation for limits as to how much 11 where I provided a towel for them to take their shower.
12 Aroclor vapor workers at the Annistor - Anniston plant 12
Q. Okay.
13 could be exposed to for an eight-hour workday?
13 A. So there was a -- an emphasis on cleanliness
14 A. There was no such guideline.
14 while working if material got on them, and also an
15 Q. All right. Let's go on to the next page
15 emphasis on when you leave the plant, you will leave
16 then, page 52. And I think you touched on this. This
16 clean.
17 is what I was going to ask about next. We'll go --
17 Q. Okay. Are you finished?
18 start down at the paragraph about halfway down where it 18
A. Yes.
19 at -- at St. Louis.
19 Q. Okay. And I think -- I think you just
20 A. I see it.
20 touched on what I was going to read next. I'm just
21 Q. Okay. At St. Louis, Plant B, the Aroclors
21 following on with the next paragraph. It says twenty
22 building is rated a toxic department. Do you know what 22 minutes paid time is allotted for bathing at the end of
23 that meant, Mr. Papageorge?
23 the shift, but again, no record is kept that baths are
24 A. What meant? What part of that?
24 actually taken. Theoretically, food is not allowed to
25 Q. This part.
25 be eaten within the Aroclors building. Instructions
17 (Pages 62 to 65)
TOWOLDMON0045914 WATER PCB-00036891
Page 66
Page 68
1 are issued that hands and face should be washed well
1 on hot surfaces.
2 before eating. Employees in toxic departments are
2 Q. (By Mr. Oaas) Okay. Would these be indoor
3 given an annual medical examination and a lung x-ray
3 paints that were -- that were being sold to consumers
4 every three years. Did I read that correctly?
4 in the United States that contained PCBs?
5 A. Yes.
5 MR. MILLER: Object to the form. Consumers
6 Q. The phrase employees in toxic departments,
6 being whom?
7 what -- what -- do you know what is being referenced
7
MR. OAAS: Any consumers.
8 there as -- as far as the term toxic departments?
8 MR. MILLER: Industrial consumers? Object
9 MR. MILLER: Let me object to the form.
9 to the form. Your -- your analogies --
10 It's been asked and answered and there's no foundation 10
Q. (By Mr. Oaas) Is it -- I'll re -- try to
11 for Mr. Papageorge's comment on this document.
11 rephrase it if you didn't understand it.
12 Go ahead if -- if -- if you know what that
12 A. I'm confused now.
13 means, Mr. Papageorge. You can respond.
13 Q. Okay. When he's -- this paragraph refers to
14 A. Yes, I know, but I don't have a list. There
14 a discussion about the dangers of using Aroclors in
15 were departments described with the word toxic to
15 indoor paints. Is he referring to indoor house paints,
16 separate them from departments such as the receiving
16 if you know?
17 dock that's getting supplies for the plant. There were
17 A. No. It's all paints containing PCBs on hot
18 some departments that shipped out chemicals produced at 18 surfaces, whether it's house or industrial.
19 the plant, properly labeled, properly sealed, and
19 Q. Any kind of use whatsoever?
20 shipped out. So those departments were not considered 20
A. Correct.
21 incidences where exposure would result, unless there
21
MR. MILLER: Object to the form. He just
22 was a serious accident. So there were two types of
22 said on hot surfaces.
23 departments, and the word toxic was used to describe 23 A. Hot sur -
24 those situations where chemicals could be released and 24
MR. MILLER: Not any use whatsoever.
25 should be controlled.
25 MR. OAAS: Okay. Any kind of use whatsoever
Page 67
Page 69
1 Q. (By Mr. Oaas) And would -- and your use of 1 on hot surfaces. How about that?
2 the word chemicals in that answer, would that include 2
Q. (By Mr. Oaas) Let's go to Exhibit 13.
3 PCBs?
3 A. I have read it.
4 A. Yeah.
4 Q. Okay. Now, it's my -- again, it -- this
5 Q. Okay. Well, let's go to the next to the
5 letter references Pydraul. Can you tell me what
6 last page of that exhibit, page 55. And I'm reading
6 Pydraul is, Mr. Papageorge?
7 from the third paragraph down where it starts with
7 A. Pydraul is a fluid used in hydraulically
8 Mr. Benignus. Did I pronounce that correctly?
8 operated equipment.
9 A. Very good.
9 Q. Okay. Does it contain PCBs?
10 Q. How about that?
10 A. Yes.
11
Mr. Benignus of St. Louis -- what was his
11 Q. It's my understanding--and again, correct
12 position with the company at that time in the mid
12 me if I'm wrong -- that the Navy -- United States Navy
13 1950s, if you know?
13 refused to become a Pydraul customer in the late
14 A. In the 1950s, Mr. Benignus was the technical 14 1950s. Is -- is that a correct statement?
15 supporter located in St. Louis to advise the marketing 15
A. I don't know.
16 people throughout the world really that worked for
16 Q. Do you know anything about any of that?
17 Monsanto on a given set of products, and in this case 17
A. No.
18 PCBs is one of them.
18 Q. Okay. All right. Let's go on to the next
19 Q. Okay. Now, this paragraph -- graph reads
19 exhibit?
20 Mr. Benig -- Benignus, of St. Louis, September 1953, 20
MR. MILLER: Do you have a copy of that? It
21 discussed the dangers of using Aroclors in indoor
21 wasn't in my stack.
22 paints. Now, can you tell me what he would have been 22
MR. HOVEN: I don't have a copy of it.
23 referring to, Mr. Papageorge?
23 MR. BROWN: I don't either. 14?
24 MR. MILLER: Object to the form.
24 MR. OAAS: Exhibit 14.
25 A. At the time it had to do with indoor paints
25
MR. MILLER: Yeah, we don't have 14.
18 (Pages 66 to 69)
TOWOLDMON0045915 WATER PCB-00036892
Page 70
Page 72
1
MR. OAAS: Okay. Do you want to take a
1 writing to the National Dairy Research and Development
2 minute and get a copy?
2 Division?
3 MR. MILLER: That's all right.
3 A. Yes.
4
MR. BROWN: I can get it at the next break.
4 Q. Okay. And -- and just drawing your
5 A. I have read the exhibit.
5 attention to the second paragraph because I have a
6 Q. (By Mr. Oaas) I can't understand the --
6 question about that. I'm just going to read it into
7 there's handwriting on there that I'm not asking you
7 the record. Although we have limited toxicity
8 to -- to under -- can you -- can you read the printed
8 screening data on several of the compounds making up
9 portion?
9 this series, chronic toxicity information on only two,
10 A. Yes.
10 Aroclors 1242 and 1254. Although the experiments
11 Q. Okay. And again, it appears to be from
11 conducted on those two compounds relate to effects of
12 Dr. Kelly, the Head of the Medical Department --
12 Aroclor vapors if inhaled, it is our opinion that the
13 A. Yes.
13 systemic injury exhibited by the animals at higher
14 Q. -- to a Mr. Rich -- to a Mr. Richard Davis.
14 dosage levels represents the type of injury which would
15 Do you know who he is?
15 result from chronic ingestion of effective doses. Did
16 A. Richard Davis. No, I don't remember -- I
16 I read that correctly?
17 don't remember him.
17 A. Yes.
18 Q. Okay. This exhibit appears to say
18 Q. Okay. Again, Aroclor 1254, that's a PCB,
19 yesterday, Mr. Allen of the subject company called and 19 correct?
20 stated that he had two employees nauseated from
20 A. Yes.
21 exposure to a leak in a heat transfer unit that used
21 Q. And Aroclor 1254, that's a PCB, correct?
22 Aroclor 1248. Now, Aroclor 1248, that's a -- that's a 22
A. I thought you asked that before.
23 PCB, is it not?
23 Q. Did I ask that? Okay.
24 A. Yes.
24 Aroclor 1254 is a PCB?
25 Q. Okay. One individual was under the care of 25 A. Yes.
Page 71
Page 73
1 a physician, and the physician suspected liver damage, 1
Q. Okay. Now, what's your understanding of
2 although no jaundice could be seen, parentheses,
2 what is said in that paragraph?
3 patient a negro, closed parentheses and was not 3 MR. MILLER: If you know.
4 hospital -- hospitalized. I told Mr. Allen to call me
4
Object to the form.
5 or have a doctor call me ifthey needed any further
5
You may not have any foundation with this
6 information. It might be that you will want to alert
6 document. You're asking --
7 the New York office about this case. Did I read that 7
A. What is my understanding?
8 correctly?
8 Q. (By Mr. Oaas) Uh-huh.
9 A. Yes.
9 A. Mr. Wheeler is implying that vapors of PCBs
10 Q. Okay. And the date of that letter is
10 may not be invited -- involved, and it appears, in his
11 February 2, 1268 (sic), is that correct?
11 opinion, that these dosages, which are higher than the
12 MR. MILLER: Excuse me?
12 vapor might create, are coming from another source.
13 Q. (By Mr. Oaas) The date of the letter is
13 Q. Okay. Let's go on to the next exhibit.
14 February 2, 1961.
14 A. I have read it.
15 A. '61.
15 Q. All right. Again, it appears to be authored
16 Q. Excuse me.
16 by Elmer P. Wheeler?
17 A. Yes.
17 A. Yes.
18 Q. I think I misspoke.
18 Q. Dated November 12, 1962?
19 All right. Let's go on to Exhibit 15.
19 A. Yes.
20 A. I have read the exhibit.
20 Q. And I just have a few questions about this
21
Q. Okay. I just have a few questions. Again,
21 exhibit, Mr. Papageorge. And the -- and the first
22 it appears to be authored by Elmer Wheeler, the
22 paragraph reads attached are two summaries of toxicity
23 assistant to Dr. Kelly, correct?
23 and safe handling data. One for Pydraul F-9 and one
24 A. Yes.
24 for -- one for Pydraul 150. What is Pydraul F-9, if
25 Q. Okay. And it appears that Mr. Wheeler is 25 you know?
19 (Pages 70 to 73)
TOWOLDMON0045916 WATER PCB-00036893
Page 74
Page 76
1 A. It's one of the --
1 contamination such as is normally the experience of a
2
MR. MILLER: Hold on. Hold on just a
2 mechanic repairing automobiles in the typical garage.
3 second.
3 Perhaps this is not a good analogy but it is the best I
4
Let me object. There's no foundation for
4 can offer. Did I read that correctly?
5 Mr. Papageorge's responses to a document that was 5
A. Yes.
6 authored in 1962. You haven't -- you haven't laid any 6
Q. Do you think that's a good analogy?
7 foundation with this or many of the other documents. 7
MR. MILLER: Object to the form. Lack of
8 Q. (By Mr. Oaas) Can you tell --
8 foundation.
9
MR. OAAS: All right. Are you finished?
9 A. I don't know that I'm qualified to even
10 MR. MILLER: Yeah.
10 consider whether it's good or not.
11 Q. (By Mr. Oaas) Can you tell me what Pydraul 11
MR. OAAS: All right. Do you want to take a
12 F-9 is, sir?
12 break?
13 A. I can describe it generally.
13 MR. MILLER: Yeah, that's fine.
14 Q. Sure.
14 THE VIDEOGRAPHER: We are off the record at
15 A. It's a -- it's a liquid containing PCBs --
15 10:57 a.m. ending tape no. 2.
16 and I don't know which type -- that is used in
16 (A short break was taken.)
17 equipment that requires the presence of a hydraulic 17
THE VIDEOGRAPHER: We are back on the record
18 fluid to function.
18 at 11:11 a.m. starting tape no. 3.
19
Q. All right. How about Pydraul 150? Do you 19
Q. (By Mr. Oaas) All right. Mr. Papageorge,
20 know what that is?
20 we're about halfway done with our session today. Are
21 A. It's -- it's another version of the
21 you ready to continue?
22 hydraulic fluid containing a different recipe of
22 A. Yes.
23 ingredients for use in hydraulic systems.
23 Q. All right. I'd have you look at Exhibit 17,
24 Q. Okay. And it -- it also contains PCBs?
24 please.
25 A. Yes.
25 A. I have read the exhibit.
Page 75
Page 77
1 Q. Okay. Then this exhibit goes on to say I
1 Q. Mr. Papageorge, Exhibit 17 appears to be an
2 doubt that these will persuade the National Coal Board 2 article published in Poultry Science dated January of
3 to take a favorable view of the use of the Pydrauls in
3 1962 by a man named McCune, a man named Savage, and a
4 underground mines. Do you see that?
4 man named O'Dell. Have you ever seen this article
5 A. Yes.
5 before today?
6
Q. Okay. Now, have you -- have you ever seen a 6
A. I have not.
7 summary of toxicity and safe handling data for Pydraul 7
Q. Have you ever heard about this article
8 F-9 or for Pydraul 150?
8 before today?
9 A. I don't remember any.
9 A. I have not.
10 Q. Okay. How about for Aroclor 1254, in
10 Q. Okay. At any time in your stint as manager
11 general?
11 at -- Plant Manager at Anniston, did you ever hear
12 A. Again, I know there was data, but I don't
12 about the article published in 1962 by these
13 remember it specifically?
13 gentlemen?
14 Q. Okay. And I want to go on to the bot -- the
14 A. No.
15 last paragraph in this exhibit. It says more
15 Q. How about at any - any time during your
16 important, the components of Pydrauls can be absorbed 16 tenure as the Manager of Environmental Control? Did
17 through the unbroken skin with the danger of subsequent 17 you ever come across this article -- show this -- did
18 systemic effects. Do you agree with that statement?
18 somebody show you this article, heard about this
19 A. That's what it -- that's what it says.
19 article?
20
MR. MILLER: Let me -- let me object to the
20 A. I did not.
21 form, lack of foundation with respect to a conclusion 21 Q. Okay. How about your stint as Director of
22 that he's not an expert in reaching.
22 Environmental Operations? Same question. Did you
23 Q. (By Mr. Oaas) We would hesitate to
23 ever - ever -
24 recommend the use of these -- these fluids where
24 A. First time I've seen it.
25 workmen would be exposed day in and day out to skin 25
Q. First time you've seen it. Okay.
20 (Pages 74 to 77)
TOWOLDMON0045917 WATER PCB-00036894
Page 78
Page 80
1 It appears from my reading of the article
1 Floor Top paint?
2 that these gentlemen felt that chicks, baby chickens -- 2
A. I have not.
3 chicks were taken ill because they ate paint that
3 Q. Okay. Let's go to then Exhibit 18?
4 contained PCB. Would that be a fair characterization
4
MR. MILLER: Wait a minute. For -- for
5 of the article?
5 completeness, don't you want to refer to the top of
6 MR. MILLER: Let me object to the form. 6 page 299 where it reads it is possible that the toxic
7 There's no foundation. Are you -- are you asking
7 component of the chlorinated biphenyl product used here
8 whether they were fed this as part of a -- a laboratory
8 is a contaminant rather than the major component?
9 experiment?
9 MR. OAAS: No. I'm just reading the
10 MR. OAAS: No.
10 summary. This is my deposition, and that's what I'm
11 A. Well, I read a summary here, but I don't
11 going to do, and we're going to keep it that way.
12 find any statement in that summary that supports the
12
MR. MILLER: I'm surprised you don't want to
13 contention that chlorinated biphenyls were the cause
13 have the witness look at --
14 for the symptoms.
14 Q. (By Mr. Oaas) Can we go on to the next
15 Q. (By Mr. Oaas) Okay. I'm just going to read 15 exhibit, No. 18, Mr. Papageorge?
16 the summary into the record. Chicks fed fractions of 16
MR. MILLER: You don't have a rule of
17 an epoxy-resin paint developed hydropericardium and 17 completeness in Montana?
18 ascites. These symptoms were similar to those observed 18
MR. HOVEN: We do have a rule on misleading,
19 in the toxic fat syndrome. The toxicity was found to
19 though.
20 be caused by a chlorinated biphenyl product used as a 20
MR. OAAS: We certainly haven't been
21 plasticiser in the paint. Chlorinated biphenyl was
21 misleading anybody. And if you want to get into an
22 moderately toxic when fed at a level of 0.02 percent
22 argument on the record, we can have it out right now,
23 and caused high mortality and extensive pathology
23 so -- you know --
24 within four weeks at a dietary level of 0.04 percent.
24
MR. HOVEN: I'm just talking to him.
25 Gross pathology included hydropericardium,
25 MR. OAAS: Yeah. Well, let's just keep that
Page 79
Page 81
1 hydroperitoneum, enlarged heart, liver and kidneys, and 1 stuff off the record. If you've got an objection to
2 hemorrhage of internal organs. Microscopic --
2 make, go ahead and make it.
3 microscopically, the kidneys showed marked tubular
3
MR. MILLER: How about this? With respect
4 dilation and numerous casts. Did I read that
4 to Exhibit 17, I'll make a broad objection that the
5 accurately?
5 portions read into the record by Mr. Oaas were
6 A. Yes.
6 misleading in that it failed to include other relevant
7 Q. Okay.
7 and complete portions of Exhibit 17 including the
8 MR. BROWN: Can you refer to that page
8 portion that I read into the record, but if Mr. Oaas
9 number you're reading from?
9 would prefer not to be complete about the documents
10 MR. MILLER: 299.
10 that he's using, that's his prerogative at this point.
11 MR. HOVEN: 399.
11 MR. BROWN: My version of this only has odd
12 MR. OAAS: 299. Excuse me.
12 numbered pages.
13 Q. (By Mr. Oaas) And then if we go to page
13 MR. OAAS: I might have miscopied it.
14 295, Mr. Papageorge, in a footnote reference to the
14
MR. BROWN: Okay. The one the witness has
15 paint that these authors thought made these chickens
15 has all of the pages?
16 ill. It says the paint, parentheses, Epo floor Top,
16 MR. OAAS: Yeah.
17 close parentheses, was obtained from the Steelcote
17
MR. MILLER: Are you -- you know, I didn't
18 Manufacturing Company, St. Louis, Missouri. Do you see 18 realize that either.
19 that?
19 So do you want to substitute at some point a
20 A. I do.
20 full version of Exhibit 17?
21 Q. Do you recognize Steelcote Manufacturing
21
MR. OAAS: Sure. Exhibit 17 should have
22 Company as a PCB customer of Monsanto?
22 been --
23 A. I don't remember seeing Steelcote
23 MR. MILLER: I've got only odd pages, also.
24 Manufacturing on any listing.
24 MR. OAAS: Okay. I see that's a mistake. I
25 Q. Okay. Have you ever heard of the paint Epo
25 can certainly correct that.
21 (Pages 78 to 81)
TOWOLDMON0045918 WATER PCB-00036895
Page 82
Page 84
1 MR. MILLER: Can you do that by tomorrow so 1 summary into the record on page 1464 where it says
2 that if there's a need to correct --
2 chlorinated biphenyl, parentheses, CBP, close
3 MR. OAAS: Sure.
3 parentheses, fed to S.C. White Leghorn cockerels at 200
4 MR. MILLER: -- or conduct a --
4 or 400 ppm in a practical type of ration for three
5 MR. OAAS: Yeah.
5 weeks, produced signs which partially simulated those
6 MR. MILLER: -- redirect, I can have it.
6 of chick edema disease factor, a chlorinated aromatic
7 MR. OAAS: I'll have it faxed down here.
7 hydrocarbon. CBP feeding was accompanied by growth
8
MR. MILLER: I know you want to be cautious
8 depression in direct proportion to the dietary level.
9 about not misleading anyone.
9 Edema for -- formation in the pericardial sac and in
10
MR. OAAS: I think 17 -- his 17 is complete.
10 the abdominal and subcutaneous areas was pronounced
11 MR. MILLER: Are we on 18 now?
11 only at the 400 ppm level of CBP. Transient changes in
12 MR. OAAS: Uh-huh.
12 blood glucose, hemoglobin, and hema - I'll spell it -
13 MR. MILLER: Is his 17 - was his 17
13 h-e-m-a-t-o-c-r-i-t levels accompanied by CBP feeding
14 complete?
14 particularly at the 400 ppm level. Patholo -
15 A. I have read the article.
15 pathological changes observed were as follows in
16 Q. (By Mr. Oaas) Okay. Mr. Papageorge, have
16 decreasing order of incidence: Cream-colored pancreas,
17 you ever seen this article before?
17 enlarged hemorrhagic kidney, enlarged adrenal, small
18 A. No.
18 spleen, dermatitis, and de-feathering. Relationships
19 Q. It appears to be an article, again,
19 between the toxic nature and relative potency of CBP
20 published in Poultry Science dated November 1965 by a 20 and the chick edema factor are discussed. Did I read
21 gentleman by the name of Flick, a gentleman by the name 21 that accurately, Mr. Papageorge?
22 of O'Dell, and a gentleman by the name of Childs. Do 22
A. Yes.
23 you see - does that -- does that appear to be
23 Q. Now, is your testimony the same with all of
24 accurate?
24 my -- with regard to all of my questions with respect
25 A. Virginia is a gentleman?
25 to the 1962 article? Is it your testimony here today
Page 83
Page 85
1 Q. Well, the authors appear to be -- on the
1 that this is the first time you've seen this article?
2 second page appear to be Flick, O'Dell - excuse me -- 2 A. Yes.
3 and Ms. Childs. All right. Thanks for correcting me
3 Q. The first time you've ever heard of this
4 on that. I appreciate it.
4 article?
5 A. Yeah. I'm just--
5 A. Yes.
6 Q. Okay. Those were the authors?
6 Q. Okay. You've never heard of this article in
7 A. Yes.
7 any capacity as the Manager of Environmental Control,
8 Q. Okay. And again, does it appear to be an
8 Manager of Product Acceptability, or Director of
9 article reporting on the illness of chickens that were
9 Environmental Operations with Monsanto, would that be
10 fed PCBs?
10 correct?
11 MR. MILLER: Object to the form. There's no 11 A. Yes.
12 foundation.
12 MR. MILLER: And for completeness, this --
13 A. It's entitled that way, yes.
13 Mr. Papageorge, the researchers here were with the
14 Q. (By Mr. Oaas) Okay. And do you see on page 14 Nutrition Research Branch, Division of Nutrition, Food
15 1460 at the bottom footnote 1 where it says the
15 and Drug Administration, Washington, D.C., is that
16 chlorinated biphenyl sold as Aroclor 1242 was obtained 16 correct?
17 from Monsanto Chemical Company, St. Louis, Missouri? 17
THE WITNESS: That is correct.
18 A. I do.
18 MR. MILLER: So these people were with the
19 Q. You see that. So if -- if -- if that was,
19 United States Government and specifically with the FDA,
20 in fact, the biphenyl that was fed to the chick -
20 is that right?
21 chickens as reported in this article, they were, in
21 THE WITNESS: Yes.
22 fact, fed a PCB that was manufactured by Monsanto
22 Q. (By Mr. Oaas) Okay. Let's go on to Exhibit
23 Chemical Company, correct?
23 19.
24 A. Correct.
24 A. I have read the article.
25 Q. Okay. And again, I just want to read the
25 Q. Okay. Do you know who William Hunt is, the
22 (Pages 82 to 85)
TOWOLDMON0045919 WATER PCB-00036896
Page 86
Page 88
1 author of the letter?
1 stop. Okay?
2 A. Yes.
2 Q. (By Mr. Oaas) I apologize for that,
3 Q. And who is he?
3 Mr. Papageorge.
4 A. He's a toxicologist reporting to the medical
4
If you can go on to Exhibit 20, please?
5 director.
5 A. I have it.
6 Q. Okay. Is he an employee of Mon -- was he an 6 Q. Okay. If you'd review that, please?
7 employee of Monsanto?
7 MR. MILLER: Just for the record, Exhibit 20
8 A. Yes.
8 is pages 127 through 129 of an unidentified document.
9 Q. Okay. And the date of this exhibit is
9 MR. OAAS: Are you going to make an
10 October 21, 1971?
10 objection?
11 A. Yes.
11 MR. MILLER: I'll object to the lack of
12 Q. And it appears to be a report of an
12 completeness in showing the witness three pages of a
13 experiment being done by a Dr. Verrette con --
13 document that appears to be well over 130 pages, so
14 concerning the effects on the legs of chicks that were 14 it's taken utterly out of context. I think I know
15 fed Aroclors 1221, 1242, 1254, and 1260?
15 where this is from. It -- will you tell me what it's
16 A. Yes.
16 from?
17 Q. Okay. And on the fourth paragraph of the -- 17
MR. OAAS: It's from the ITF, inter --
18 the letter Mr. Hunt reports to Mr. Wheeler she, 18 MR. MILLER: Okay. Interdepartmental Task
19 apparently referring to Dr. Verrette, told me that the 19 Force Report?
20 affects on the legs of the chicks were very similar to 20
MR. OAAS: Right. We'll get to that.
21 that produced by dioxin, name -- namely, slipped
21
MR. MILLER: Okay. I can't wait.
22 tendons and short legs. This was seen across the board 22
A. I have read the article.
23 for the Aroclors. She is going to look grossly at the 23
Q. (By Mr. Oaas) Okay. Have you ever heard of
24 livers of the birds that they are saving as well as the 24 the Interdepartmental -- Interdepartmental Task Force
25 newly hatched birds. There is hydropericardia in the 25 that was formed in 1971,1 believe, and then made a
Page 87
Page 89
1 embry -- em -- embryos. Did I read that correctly?
1 report in 1972 pertaining to the subject of PCBs?
2 A. Yes.
2 A. Yes.
3 Q. And have you ever seen this -- this letter
3 Q. Okay. Tell -- tell me what you know about
4 before, Mr. Papageorge?
4 the creation of that force -- task force, what its
5 A. I don't remember it specifically, but it's
5 purpose was, and what they eventually did, if you can?
6 typical of the kinds of correspondence I would
6 A. I can't tell you what created it except that
7 eventually see copies of.
7 there was enough interest in the government agencies
8 Q. In your capacity as Manager of Environmental 8 that I was communicating with to the point where they
9 Control or Director of Environmental Operations?
9 were wondering what each department was involved in and
10 A. In'71, yes.
10 how their information interacted with the information
11 Q. Okay.
11 they had. So they decided to have this
12 MR. MILLER: And for completeness,
12 interdepartmental group where they exchanged
13 Mr. Papageorge, was Dr. Verrette, as indicated in
13 information between the governmental agencies.
14 Exhibit 19 authored by Dr. Hunt, a researcher with the 14
Q. Do you know what -- what particular agencies
15 Food and Drug Administration, part of -- again, of the 15 were involved in the task force?
16 United States Government?
16 MR. MILLER: Let me object. I -- I have a
17 THE WITNESS: Yes.
17 copy of the task force report that identifies the
18 MR. MILLER: Thank you.
18 various agencies.
19 MR. OAAS: You know, that's entirely
19 MR. OAAS: I just want to know --
20 inappropriate. We can get into a big argument about 20
MR. MILLER: If you just want his
21 it. If you want to ask questions at the end of this
21 recollection of what the document says --
22 deposition or you want to notice it up yourself, go
22
MR. OAAS: Sure.
23 ahead. Okay?
23 MR. MILLER: -- rather than what the actual
24 MR. MILLER: I'm just trying to be --
24 document says.
25
MR. OAAS: Stop doing it. I'm telling you
25 Q. (By Mr. Oaas) Go ahead if you can. If you
23 (Pages 86 to 89)
TOWOLDMON0045920 WATER PCB-00036897
Page 90
Page 92
1 don't remember, that's fine. I'm just wondering if you 1 Mr. Papageorge. It appears to me -- and again, correct
2 remember.
2 me if I'm wrong -- to be a summary of the known
3 A. I just remember the Department of
3 toxicity information about PCBs in reference to tests
4 Agriculture, the wildlife people at Patuxet, the FDA,
4 on animals as of the date the re -- that report was
5 of course. I just don't remember all of them, but
5 issued?
6 there were quite a few.
6 A. Yes.
7 Q. Was -- was it part of the purpose of this
7 Q. Okay. And do you see it in the chart --
8 task force to gather all of the known information about 8 let's go to the first page of the exhibit where it says
9 PCBs as of the date -- the date they issued their final
9 oral toxicity of chlorinated biphenyls up at the top.
10 report?
10 Do you see that?
11
MR. MILLER: Let me object to the form. Are 11
A. I see that.
12 you asking what his understanding was --
12 Q. And then over it -- it appears to -- it
13 MR. OAAS: Sure.
13 has -- appears to have a column with respect to the
14 MR. MILLER: -- or what the government's was? 14 dose and a column with respect to the effect on the
15 Q. (By Mr. Oaas) Just what your understanding 15 particular animals that were tested?
16 was.
16 A. I see that.
17 A. That was one of their purposes. I don't
17 Q. And then a reference to the particular type
18 know the total.
18 of PCBs over on the far left-hand column that were used
19 Q. Sure. And did they -- did they eventually
19 in the experiments?
20 issue a report?
20 A. Yes.
21 A. I don't remember.
21 Q. Okay. Now, there's a reference to a Miller,
22 Q. All right. Do you recall ever reading the
22 1944. Do you know what they're -- do you know what --
23 report?
23 what -- that article they're referring to,
24 A. No, I don't.
24 Mr. Papageorge?
25 Q. Do you recall ever providing -- being
25 A. I don't remember.
Page 91
Page 93
1 provided a copy of the report?
1 Q. Okay. But anyway, in this exhibit under the
2 A. No.
2 effect column, it says with respect to guinea pigs --
3
MR. MILLER: If you show him the report, it
3 and I assume that the chlorine percentage we're talking
4 might clarify his recollection.
4 about, the Aroclor 1242?
5 MR. OAAS: Okay.
5 MR. MILLER: Object to the form.
6 Q. (By Mr. Oaas) I'm not going to mark this,
6 A. That's a good assumption.
7 but I have a copy of the 1972 ITF report. You can look 7
Q. (By Mr. Oaas) Okay. Under the effect
8 at it and take as long as you --
8 level, this task force noted that there was death in 11
9 A. Oh, that looks familiar, yeah. Yeah, I've
9 to 29 days and liver damage according to a -- a report
10 seen this before.
10 by a Miller in 1944. Did I -- did I read that
11 Q. Okay.
11 correctly?
12 A. Yeah.
12 A. Yes.
13 Q. And I believe if you go to 127, 128, and 129 13 Q. Okay. And then following that, again, with
14 in the re -- this report, you'll see Exhibit 20, which
14 Aroclor 1242, with respect to rats at the dose
15 I want to ask you about.
15 indicated, all animals survived, liver damage. Again,
16 A. Okay.
16 according to a report by a Miller published apparently
17 Q. Okay.
17 in 1944. Did I interpret that correctly?
18
MR. MILLER: Torger, it might be easier at
18 A. Yes.
19 this point if -- you had asked him what the federal
19 Q. Okay. And then, again, with rats with
20 agencies were that were involved. They're -- they're 20 Aroclor 1265 at the dose level, the effect column
21 in the introduction.
21 indicates 50 percent dead within 35 days, severe liver
22
MR. OAAS: You can follow up with that if
22 dam -- damage, according to an article by Bennett, et
23 you want. I'll do it after I get done with this
23 al., apparently published in 1938. Do you see that?
24 exhibit if you want, but --
24 A. Yes.
25 Q. (By Mr. Oaas) Let's look at this exhibit,
25 Q. Are you familiar with the Bennett article
24 (Pages 90 to 93)
TOWOLDMON0045921 WATER PCB-00036898
Page 94
Page 96
1 that was published in 1938?
1 very close to that?
2 A. I am not, no.
2 A. That is my impression.
3 Q. Okay. And again, going to page 2 of the
3 Q. Yeah. The symptom noted would -- would be
4 exhibit, table 3, where it says -- now we're talking
4 liver -- liver cell injury, increased liver weight in
5 about dermal toxicity of chlor -- chlorinated
5 the rat. Again, that was reported by Treon in this
6 biphenyls. Do you see that?
6 1956 study. Do you see that.
7 A. Yes.
7 A. I do.
8 Q. Okay. And again, the same questions. The
8 Q. And again, with Aroclor 1254.3, under the
9 first column apparently we're talking about Aroclor
9 symptom column we have histological changes in the
10 1242 on guinea pigs at the dose level -- and the
10 liver in the rat, again, in Treon's report in 1956?
11 effects indicate all animals died within 21 days, liver
11
MR. MILLER: Hold on. Just show an
12 damage. Again, according to the report by Miller in
12 objection to the reference to Aroclor 1254.3.
13 1944. Do you see that?
13 Q. (By Mr. Oaas) Okay. Did I read that
14 A. I do.
14 correctly?
15 Q. And in -- in the middle column we have,
15 A. Yes.
16 again, Aroclor 1250 -- Aroclor 1242 with rats at the
16 Q. Okay. And then in the last column,
17 dose indicated. The effect noted was all survived,
17 apparently dealing with Aroclor 1265 -- is there an
18 minor liv -- minor liver changes, skin affected.
18 Aroclor 1265 that you know of?
19 Again, in the report by Miller published in 1944. Do
19 A. There was, yes.
20 you see that?
20 Q. There was?
21 A. Yes.
21 A. Yes.
22 Q. And the bottom column, again, with Aroclor
22 Q. Okay. And under the symptom column, it
23 1242 with rabbits at the dose indicated all died
23 indicates advancing liver damage in a report by --
24 between 17 and 98 days, liver damage is more pronounced 24 again, by Bennett, et al., in 1938. Do you see that?
25 than in the rat or guinea pig. Again, apparently
25 A. I do.
Page 95
Page 97
1 reported by Miller in 1944?
1 Q. Do you ever recall re -- reading the study
2 A. I see that.
2 done by Bennett?
3 Q. Okay. And on the last page, the heading of
3 A. No, I don't.
4 table -- table four, vapor exposure toxicity of
4 Q. Okay. Let's go on to Exhibit 21, please,
5 chlorinated biphenyls. Again, the first column again
5 Mr. Papageorge?
6 apparently dealing with Aroclor 1242 at the dose
6 A. I have it.
7 level -- no affect on cats, rabbits, rats and mice.
7 Q. Okay. This one might be a little tough to
8 Poor growth in guinea pigs. That's in a report
8 read, so take your time.
9 published by Treon in 1956. Do you see that?
9 A. I have read the exhibit.
10 A. Yes.
10 Q. Okay. And again, we've already -- we know
11 Q. Have you ever read that report by Treon?
11 who Mr. Wheeler is by now, I hope, correct?
12 A. I don't remember reading it.
12 A. Yes.
13 Q. Okay. And again, in the second column,
13 Q. Okay. How about Mr. Davis? Was he an
14 again, apparently dealing with Aroclor 1242, the
14 employee of Monsanto?
15 symptoms that were noted in the vapor exposure report 15
A. Yes, he was. I'm trying to recall his
16 here, no effects on animals as above. Again, as
16 location, but I can't.
17 reflected in the report by Treon, 1956. Do you see
17 Q. That's okay. Apparently this is a
18 that?
18 discussion between Wheeler and Davis concerning a
19 A. I do.
19 customer of Monsanto's, Reliance Electric & Engineering
20 Q. Okay. And then dropping down, apparently
20 Company in Cleveland?
21 dealing with Aroclor 1254.3. I don't know what the .3 21
MR. MILLER: Object to the form, lack of
22 means. Do you?
22 foundation.
23 A. No, I don't.
23 A. Yes.
24 Q. And again, in the symptom level -- but
24 Q. (By Mr. Oaas) Okay. And the date of this
25 apparently we're dealing with Aroclor 1254 or something 25 letter is September 3, 1965, is that correct?
25 (Pages 94 to 97)
TOWOLDMON0045922 WATER PCB-00036899
Page 98
Page 100
1 A. Correct.
1 Q. (By Mr. Oaas) And is that new information
2 Q. Okay. And again, this is a discussion again
2 to you -- I'm asking a question before you answered,
3 about the hazards of Ar -- Aroclor use at elevated
3 but --
4 temperatures?
4 MR. MILLER: What is your question now?
5 A. Yes.
5 Q. (By Mr. Oaas) Is this new information to
6 Q. Okay. And I'm going down to the -- the
6 you, Mr. Papageorge?
7 second paragraph, the last two sentences of the second 7
A. No. I was aware in 1970s that this had --
8 paragraph. As I understand it, it says -- and I may be
8 Q. This had taken place?
9 pronouncing this name wrong -- Mr. Haredos,
9 A. -- been practiced for 20 years.
10 H-a-r-e-d-o-s, went on to say that in his own plant,
10 Q. Okay. All right. And it seems to me that
11 hot Aroclor spills on the floor were common and that
11 the reason that they were -- were ceasing to recommend
12 his own employees had complained of discomfort. I was 12 the use of PCBs in indoor paints was that they were
13 brut -- brutally frank and told him that this had to
13 concerned about the toxicity of the vapors coming out
14 stop before he killed somebody with liver or kidney
14 of the paint?
15 damage, dash, not because of a single exposure
15 MR. MILLER: Object to form of the
16 necessarily, but only to emphasize that eight hour
16 question. It utterly misstates -- misstates --
17 daily exposure of this type would be completely
17 misstates the document in terms of what the concern
18 unsafe. Did I read that correctly?
18 was. It was a concern for vapors coming out of paints
19 A. Yes, you did.
19 when applied at temperatures over 200 to 300 degrees
20
MR. MILLER: Object -- object to the form.
20 Celsius.
21 It -- it takes out of context -- these applications
21 A. The concern, as I understand it, is based on
22 involved heated Aroclors over 150 degrees.
22 high temperature affecting the release of harmful
23 Q. (By Mr. Oaas) Do you think that was good
23 vapors, and the other one has to do with the use on
24 advice for Mr. Wheeler to -- to -- to have given that
24 surfaces that we -- that will be exposed to high
25 particular customer?
25 temperatures on and off.
Page 99
Page 101
1 A. Yes.
1 Q. (By Mr. Oaas) Okay.
2 Q. Okay. Let's go on to Exhibit 22, please.
2 A. And it's also concerned with the application
3 A. I have read it.
3 of these paints initially with the spray guns and
4 Q. Okay. Thank you, sir. And it's quite
4 whatever method they had for applying.
5 lengthy, so if you need to refer to any of it in -- to
5 Q. Okay. With reference to the -- the
6 respond to any question that I ask you, please feel
6 recommendation being withdrawn for use of indoor --
7 free to take the time to -- to look at it again if you
7 indoor paints being specifically directed at hot
8 need to. All right?
8 Aroclors, I want to draw your attention to page 3 of
9 A. Yes..
9 the exhibit. Let's go to the last paragraph on page
10 Q. Now, I hope I -- I hope I can shortcut
10 3.
11 this. My reading of Exhibit 9, which is, again, a
11 A. The last paragraph?
12 letter between Hardy and Barrett, and this exhibit,
12 Q. And I'm - I'll just read it. You can read
13 Exhibit 22, seems to indicate to me that both Monsanto 13 along with me. With reference to the impression
14 in Great Britain and Monsanto in the United States were 14 generally -- are we -- do you see where I'm reading
15 ceasing to recommend the use of PCBs in any kind of 15 from, Mr. Papageorge?
16 indoor paint?
16 A. Yes.
17
MR. MILLER: Object to the form. There's no 17
Q. With reference to the impression generally
18 foundation.
18 given that cold Aroclors are safe, recent
19 A. That's the implication, yes.
19 determinations of vapor pressure, parentheses, Southern
20 Q. (By Mr. Oaas) Okay. Is that surprising to
20 Research Institute Final Report to MCC on Project 526
21 you, as we sit here today?
21 by W. -- by W.M. Nolan, close parentheses, permits the
22 A. I'm sorry?
22 saturated vapor concentrations to be calculated as
23 Q. Is that surprising to you, as we sit here
23 follows, and there's a series of calculations of vapor
24 today?
24 concentrations. And then on page 4, the report goes on
25 MR. MILLER: Object to the form.
25 to say hence, air saturated with cold Aroclor is at or
26 (Pages 98 to 101)
TOWOLDMON0045923 WATER PCB-00036900
Page 102
Page 104
1 above the maximum permissible -- permissible
1
2 concentration. Do you see -- do you see what I read
2
3 there?
3
4 A. Yes.
4
5 Q. So doesn't that indicate to you,
5
6 Mr. Papageorge, that not only -- not only were Monsanto 6
7 United States and Monsanto Great Britain concerned with 7
8 the toxicity of paints being used on hot surfaces,
8
9 but -- but clearly this letter indicates that even cold
9
10 Aroclors could produce air concentrations above the
10
11 amount recommended as safe by the Kettering Laboratory? 11
12 MR. MILLER: Object to the form, lack of
12
13 foundation, and it grossly misstates this document.
13
14 A. Well, the -- the keyword in the first line
14
15 on page 4 is underlined, saturated. It's cold, but
15
16 ifs loaded.
16
17 Q. (By Mr. Oaas) Okay.
17
18 A. How it got loaded, it doesn't tell us-
18
19 Q. Okay.
19
20 A. - whether it's spray guns or heat source or
20
21 something.
21
22 Q. All right.
22
23 MR. MILLER: And -- and I take it, Torger, 23
24 you don't want to read the first paragraph on page 3?
24
25 MR. OAAS: You know -- you know --
25
hear this deposition, these -- these exhibits are going to be offered at the end of his deposition in their entire form and we -- we have plan on offering for admission at trial the complete documents, and we don't intend to mislead anybody by using parts of them for the deposition purposes. And if you want to object to the depositions (sic) at trial, then you go right ahead, but we're going to offer the entire exhibit at the deposition and the trial just to -- to respond to your accusation that we're misleading --
MR. MILLER: Incidentally, you know, the colloquy between counsel is for the court and not for the jury.
MR. OAAS: All right. Q. (By Mr. Oaas) Let's go on to Exhibit 23, Mr. Papageorge, please.
MR. OAAS: I assume you wouldn't have any objection to Exhibit 22 at trial then, would you, Adam?
MR. MILLER: I'm not making any statement with respect to the admissibility of any of these documents, Torger. There's no foundation laid with this particular witness to read selected passages from it. I assume you're going to have another witness to do that.
Q. (By Mr. Oaas) Let's go to Exhibit 23,
Page 103
Page 105
1 Let's go off the record for a second.
1 Mr. Papageorge. Do you recognize that document?
2
THE VIDEOGRAPHER: We're off the record at 2
A. Yes.
3 11:54 a.m.
3 Q. Okay. What is it?
4 (A short break was taken.)
4 A. It's a Monsanto bulletin referred to as
5 THE VIDEOGRAPHER: We're back on the record 5 Technical Bulletin O-124 describing the use of Aroclor
6 at 11:54 a.m.
6 products with chlorinated rubber.
7 MR. MILLER: Referring back to Exhibit 22, 7 Q. Okay. Since -- since the prior exhibit was
8 I'm going to make an objection to Mr. Oaas' questions
8 talking about paints, I thought we would follow it up
9 relating to selective paragraphs of this particular
9 with another exhibit that talks about paints. This
10 document because it takes the document entirely out of 10 appears to be a Monsanto Technical Bulletin, correct?
11 context and mischaracterizes the statements in the
11 A. Yes.
12 document, particularly when there are portions that
12 Q. Okay. Can you tell the jury what a
13 indicate in other passages that the reference here is
13 technical bulletin means?
14 to Aroclors being sprayed, and I'm going to refer
14 A. It's an effort on Monsanto's part to include
15 particularly to the first paragraph of paragraph - the
15 in a document which can be shared with its customers,
16 first paragraph of page 3 where it reads Aroclors
16 and they're designed to address certain subjects,
17 should not be sprayed on the job in an industrial plant
17 certain uses, so as a result there are many technical
18 where there are plant personnel who can breathe the
18 bulletins -- there were many technical bulletins
19 vapor. There's no danger at all if the material is
19 available to the customers based on the material they
20 brushed on and there's no danger in spraying it if the
20 purchased from Monsanto and the use they made of it.
21 workers use a booth or an approved respirator and no
21 Q. Okay. And this one particularly deals with
22 one inhales the spray. It has nothing to do with
22 resins and plasticisers for chlorinated rubber?
23 the -- the resulting application of paint or
23 A. Correct.
24 vaporization of PCBs from paint after its application.
24 Q. Now, if -- if I had never heard of Aroclor
25 MR. OAAS: Just so the jury knows if they
25 or resins in plasticisers for chlorinated rubber, could
27 (Pages 102 to 105)
TOWOLDMON0045924 WATER PCB-00036901
Page 106
Page 108
1 you describe what that's referring to, just in general
1 wood and metal used in yachts, barges, and other marine
2 terms?
2 craft. Did -- did I read that correctly?
3 A. These are materials, in a broad sense,
3 A. That's correct.
4 produced by many companies to add to rubber products 4
Q. Okay. And would it be fair to say that
5 that are made using chlorine with them.
5 protective and decorative coatings for yachts and
6 Q. When a PCB is add -- added to, for instance, 6 barges and marine craft would be a use that contacted
7 chlorinated rubber paint, I -- I think that this
7 the aquatic environment?
8 technical bulletin would cover the use of PCBs with
8 A. Yes.
9 chlorinated rubber paint? Would that be a fair
9 Q. Okay. And then we go down to about the
10 statement?
10 sixth item down, it indicates that you were
11 A. Yeah.
11 recommending PCBs for use in protective and decorative
12 Q. Let's -- what does a -- what does a PCB do
12 coatings for masonry, floors, and walls, correct?
13 to improve or add to the quality of a chlorinated
13 A. Correct.
14 rubber paint?
14 Q. Would that be for use in residential
15 A. Well, I -- again, it depends on the amount,
15 structures as well as commercial structures?
16 the ratio of the PCB, and the chlorinated rubber. 16 MR. MILLER: Object to the form.
17 Q. Just in general.
17 To your knowledge.
18 A. In terms of how viscus is it, how thick it
18 A. I don't see that distinction being discussed
19 is, how easy it is to apply. Does the addition of the
19 here.
20 Aroclors make it more flexible, more fire resistant?
20 Q. (By Mr. Oaas) It looks -- any - any kind
21 So it's -- it's a case where a lot of blends of
21 of masonry for a wall was being recommended for use
22 rubber -- chlorinated rubber and Aroclors can be made 22 for, correct --
23 to suit certain end uses.
23 MR. MILLER: Object to the form.
24 Q. Okay. And if we go back to Exhibit 22 just 24 Q. (By Mr. Oaas) -- at least by the language
25 for a minute, to the last page in Exhibit 22,
25 here?
Page 107
Page 109
1 Mr. Papageorge, I think the exhibit indicates that
1 A. The statement is general --
2 though Monsanto England and Monsanto United States were 2
Q. Yeah.
3 withdrawing recommendations for the use of PCBs in
3 A. -- covering both.
4 indoor paints, they were going to continue to recommend
4
Q. All right. And then it goes on to say
5 them for use in chlorinated rubber paints?
5 concrete swimming pools, correct?
6 A. That's what it says, yes.
6 A. Yes.
7 Q. And as far as you know, based upon your
7 Q. And highway markings?
8 employment with Monsanto, they continued to do that up
8
A. Yes.
9 until the early 1970s?
9 Q. Okay. What -- when it says highway
10 A. Correct.
10 markings, are we talking about the paint on the
11 Q. Okay. Now, if we go to the second page of
11 highway?
12 Exhibit 23, the heading says some important
12 A. Yes. Whether ifs the lane paint or a --
13 applications for protective and decorate -- decorative
13 Q. The yellow lane paint that -- that we all --
14 coatings plasticized with Aroclor compounds, and I
14 A. Yellow -- yellow walls or any painting
15 think if I understand your - your answer so far, this
15 related to highways.
16 was information that you wanted to give to your
16 Q. You're recommending PCBs for use in that
17 customers about how they could use the -- your product
17 kind of paint --
18 in - in their products, correct?
18 A. Correct.
19 A. Correct.
19 Q. -- correct?
20 Q. Okay. And -- and -- and Exhibit 23 is a
20 Okay. Was there a big market, to your
21 document that would -- would have been created by
21 knowledge, for -- for PCBs for that use?
22 Monsanto?
22 MR. MILLER In what year.
23 A. Yes.
23 MR. OAAS: Let's say in the 1960s.
24 Q. And I notice the first item there that's
24 A. Well, it was a -- I don't know how to
25 mentioned is a protective and decorative coating for
25 describe big, but it was a -- a perceived safe use,
28 (Pages 106 to 109)
TOWOLDMON0045925 WATER PCB-00036902
Page 110
Page 112
1 long-lasting, and as a result, the entities that were
1 A. Yes.
2 in charge of lane marketing didn't have to go out every 2
Q. Do you see that? You know what that is?
3 year and redo them.
3 That's --
4
Q. (By Mr. Oaas) Okay. All right. Were these 4
A. I do.
5 PCBs sold directly to governmental agencies for -- for 5
Q. -- a PCB made by Monsanto, correct?
6 that purpose, do you know?
6 A. Yes.
7 A. I don't remember that, no.
7 Q. All right. Okay. Let's go to Exhibit 24.
8 Q. Okay. Let's go to page 8 of the -- Exhibit
8 A. I have read it.
9 23.
9 Q. Okay. Can you identify the author, please,
10 MR. MILLER: You're talking about the -- the 10 Jack T. Garrett?
11 page that's numbered page 8?
11 A. Mr. Garrett was the industrial hygienist
12
MR. OAAS: Yeah, the -- the dash 8 dash in
12 that reported to Dr. Kelly.
13 the center of the -- center of each page.
13 Q. Okay. And were you aware that Monsanto had
14
MR. MILLER: Okay. The last time you
14 a customer by the name of the -- Chicago Pneumatic Tool
15 referred to page 2 was actually page 1. I think it was 15 Company, apparently who this letter was addressed to?
16 the second page of the exhibit.
16 Were you aware of that, Mr. Papageorge?
17 Q. (By Mr. Oaas) Are you on page 8,
17 A. I remember that, yes.
18 Mr. Papageorge?
18 Q. You remember that company -- particular
19 A. Yes.
19 company?
20 Q. Okay. The heading of this page is --
20 A. Yes.
21 contains -- has the word applications at the top, just 21
Q. Okay. Well, as I read this letter, it
22 to make sure we're on the same page?
22 seemed to me that that company was calling in for
23 A. Applications?
23 advice or information on whether or not it was proper
24 Q. Yeah.
24 to dispose of its oil waste that contained PCBs into --
25 A. Yes.
25 into the water environment?
Page 111
Page 113
1
Q. Okay. And then it goes on to say alkaline-
1
A. That's my understanding.
2 resistant coatings, products containing Aroclor and 2
Q. Okay. And they were specifically referring
3 chlorinated rubber are highly resistant to alkalies and 3 to Pydraul?
4 moisture. Paints with combinations of Aroclor and 4
A. Yes.
5 chlorinated rubber are used in large quantities for
5 Q. Okay. Again, Pydraul is a hydraulic fluid
6 concrete floors, walls swimming pools and other
6 that contains PCBs?
7 surfaces. Did I read that correctly?
7 A. Correct.
8 A. Yes.
8 Q. Okay. And then I want to go down to the
9 Q. Okay. Is it my understanding that -- in
9 fourth paragraph, and Mr. Garrett is reporting to this
10 reading that as -- and reading as a laymen -- I mean, I 10 customer as follows, if I'm reading this correct --
11 don't have a -- a degree in chemical engineering like 11 correctly, based on the toxicity studies of these
12 yourself, but it -- it seems to me that you were
12 fluids with laboratory animals, I would not expect them
13 recommending the use of PCBs in paints that by their 13 to be very toxic to aquatic life. On the other hand,
14 use would come into contact with water?
14 this is a surmise on my part since we have no tests on
15 A. Yes.
15 aquatic animals. Did I read that correctly?
16 Q. Okay. And then right down in -- in the -- 16 A. Yes.
17 in the typical -- table 6, right underneath that paint 17
Q. As far as you know, was that a -- as of
18 formulation for alkaline surfaces, parentheses, parts 18 August 29, 1960, the date of this letter, was that a
19 by weight, the first ingredient is Parlon. Do you see 19 correct statement?
20 that?
20 MR. MILLER: Object to the form, lack of
21 A. Yes.
21 foundation.
22 Q. What's Parlon?
22 You can answer.
23 A. I don't know.
23 A. Yes.
24 Q. Okay. And then the second ingredient is 24
MR. OAAS: I think maybe we should -- the
25 Aroclor 1254?
25 tape's going to end here in a second -- take a break.
29 (Pages 110 to 113)
TOWOLDMON0045926 WATER PCB-00036903
Page 114
Page 116
1 THE VIDEOGRAPHER: We are off the record at 1 that some of that material found its way all of way
2 12:10 p.m. ending tape no 3.
2 from Roam, Georgia.
3 (A short break was taken.)
3 Q. (By Mr. Oaas) Okay. My question was were
4 THE VIDEOGRAPHER: We're back on the record 4 -- okay. How about were any of the PCBs -- you -- you
5 at 12:19 p.m. starting tape no. 4.
5 were the Plant Manager of that plant between 1965 and
6 Q. (By Mr. Oaas) Thank you, Mr. Papageorge.
6 1970, correct?
7 Are you ready to continue?
7 A. Correct.
8 A. Yes, sir.
8 Q. And -- and I don't want to rehash that whole
9 Q. All right. Let's go to Exhibit 25, please.
9 situation, but isn't it true that Monsanto discharged
10 A. I have read the exhibit.
10 PCB waste into Choccolocco Creek?
11 Q. All right. Have you seen this exhibit
11 A. No -
12 before?
12 Q. Okay.
13 A. Yes, sir.
13 A. -- not into Choccolocco.
14 Q. In fact, this was a memo to you, to W.B.
14 Q. Into a tributary of Choccolocco?
15 Papageor - Papageorge. I assume that that's you?
15 A. Well, it's called Snow Creek, which is
16 A. Yes.
16 really a drainage ditch.
17 Q. Okay. And the date of it is 8/6/1970?
17 Q. Yeah. You discharged it into Snow Creek.
18 A. It is.
18 Whether that's really a creek or not, I don't care, or
19 Q. And it appears to be from an E.S. Tucker,
19 whether it's a drainage. It was discharged there
20 correct?
20 and -- and Snow Creek distributed its waters into
21 A. Correct.
21 Choccolocco Creek?
22 Q. I don't think we've come across that name
22 A. Yeah. When you say discharged, it was not a
23 before. Who is he?
23 deliberate discharge.
24 A. Dr. Scott Tucker was the analytical chemist
24 Q. I understand. I'm not -- I'm not --
25 working in Monsanto's research department in the
25 A. It was a flow.
Page 115
Page 117
1 St. Louis area who was involved with the analytical
1
Q. Okay. In any event, Monsanto was interested
2 procedures used for studying PCBs.
2 in knowing the PCB content of the fish in Choccolocco
3
Q. Okay. Now, apparently he's reporting on a
3 Creek be -- below its plant, correct?
4 survey that was done in October of 1969 of fish in
4 A. Correct.
5 Choccolocco Creek?
5 Q. Okay. And this survey is a part of that
6 A. Yes.
6 work, correct?
7 Q. Did I pronounce that correctly?
7 A. Correct.
8 A. Choccolocco, yes.
8 Q. Okay. And on the second page -- I'm just
9 Q. And Choccolocco Creek is a creek lo --
9 referring to the second page of that exhibit -- do
10 located near the Monsanto manufacturing plant in
10 these findings indicate that there were PCBs in aquatic
11 Anniston, Alabama?
11 li -- I'll -- I'll just call them fish. I mean, fish
12 A. Yes.
12 to me are different than the fish they've got in
13 Q. Okay. And do you recall why this particular 13 Choccolocco Creek, but in -- in the -- in the species
14 survey was being done in Choccolocco Creek near the 14 of fish in Choccolocco Creek, PCBs were being found,
15 Monsanto plant in Anniston, Alabama?
15 according to this survey, correct?
16 A. As I remember, this was part of a -- a study 16 A. I'm -- you said the second page shows that?
17 to determine the presence of PCBs in that general
17 Q. Yeah. The second page of the exhibit where
18 area.
18 it says table 1 at the top.
19 Q. Wasn't it eventually determined that the
19 A. Yes.
20 PCBs in Choccolocco Creek came from the Anniston, 20
Q. Okay. And just go down - the one I noted
21 Alabama Monsanto plant?
21 down at the bottom, fish I'm familiar with, Stoneroller
22
MR. MILLER: Object to the form of the
22 and the Blacktail Shiner. Do you see that at the
23 question, lack of foundation.
23 bottom of that exhibit on table 1 under the common name
24 A. That was a contention, and as I remember, 24 of the fish?
25 there was further information a year or months later 25
MR. MILLER: He's referring to the very
30 (Pages 114 to 117)
TOWOLDMON0045927 WATER PCB-00036904
Page 118
Page 120
1 bottom of the page here.
1 those high numbers of PCBs?
2 Q. (By Mr. Oaas) Just look over that page as -
2
MR. MILLER: Object to the form, lack of
3 - as much as you need to, Mr. Papageorge.
3 foundation.
4 A. I am.
4 A. I -- I have a hard time defining high.
5 Q. Okay.
5 Compared to what?
6 A. I'm trying to --
6 Q. (By Mr. Oaas) Well, you can compare it to
7 Q. Sure. Take your time.
7 anything in your experience. I'm just asking.
8 A. This report does show -- or report the PCBs
8
MR. MILLER: Same objection.
9 present in the various samples. What I'm confused with 9
A. That's pretty complex because it depends
10 is that there were certain of these numbers with an
10 really on so many factors.
11 asterisk that shows on the last page of this exhibit
11 Q. (By Mr. Oaas) Okay.
12 that they were analyzed by GC/Mass speck, and then they 12
A. The amount of lipid in that fish and how
13 have the numbers 253 and so on --
13 much time it was exposed and on and on.
14 Q. Okay. Well, I'm not going to ask --
14 Q. Okay. But in the natural environment, there
15 A. -- so there's --
15 shouldn't be any PCBs in the fish, correct?
16 Q. I didn't mean to cut you off. Go ahead.
16 MR. MILLER: Object to the form.
17 MR. MILLER: Go ahead.
17 A. All right. The definition of natural is --
18 A. I have no way of knowing how the greater
18 it depends --
19 portion of the information was analyzed -
19 Q. (By Mr. Oaas) In a non-PCB world, there
20 Q. (By Mr. Oaas) Okay. I just want to go
20 wouldn't be any PC - that's sort of self-evident.
21 over --
21 There wouldn't be any PCBs in the fish, correct?
22 A. -- or what procedure they used.
22 A. Okay.
23 Q. Okay. And I'm going to stay -- hopefully
23 Q. All right. Let's go on to Exhibit 26 --
24 stay away with anything with an asterisk on it, so
24 well, let me -- no. I need to go back.
25 let's go to the last fish on table one. The common
25
Was any of this information, Mr. Papageorge,
Page 119
Page 121
1 name of the fish is a Blacktail Shiner. Do you see
1 in Exhibit 25, to your knowledge, passed along to
2 that at the bottom of the page? Do you mind if I point 2 anybody in the aquaculture industry?
3 that out? Right here.
3 MR. MILLER: Let me object to the form.
4 A. Oh, all right.
4 What does aquaculture industry mean? Mr. Papageorge
5 Q. Some people call them notropis veus -
5 may not know that term.
6 venustus, but I prefer to call them Blacktail Shiners.
6
MR. OAAS: Well, I'm - I'm going to ask
7 If - is - do you see where I'm referring to?
7 him. You can ask him if you --
8 A. Yes.
8 A. Yeah, what -- what did you -- what kind of
9 Q. Okay. And then do you see there's some -
9 industry did you say?
10 and then the columns - there's a no. 3, the number in 10
Q. (By Mr. Oaas) Well, it's a -- aquaculture
11 composite sample, and then there's a col - two columns 11 like agriculture, anything to do with raising fish for
12 where the parts per million of PCBs were calculated? 12 commercial purposes like a fish hatchery, a government
13 A. Yes.
13 fish hatchery, a private fish hatchery. That's what
14 Q. Okay. According to wet weight and lipid
14 I -- that's -- fish farming, I think, is another --
15 weight?
15 that's what I'm talking about and mean in the broadest
16 A. Yes.
16 poss -- possible sense.
17 Q. Okay. And they were specifically looking
17
MR. MILLER: Like the Bureau Fisheries and
18 for Aroclor 1254, it appears, correct?
18 Wildlife, for example?
19 A. Yes.
19 MR. OAAS: No, no. No, no. I'm talking
20 Q. And they found 1097 parts per million PCBs 20 about in the aquaculture industry in general.
21 wet weight in the black - in three Blacktail Shiners, 21
A. This particular set of data?
22 and 37,800 parts per million PCBs in the -- in the
22 Q. (By Mr. Oaas) Yeah.
23 lipid of the Blacktail Shiners?
23 A. I'm not aware of any at that time.
24 A. Yes.
24 Q. Okay. Let's go on to Exhibit 26.
25 Q. Okay. Now, are tho - would you consider
25 A. I have read it.
31 (Pages 118 to 121)
TOWOLDMON0045928 WATER PCB-00036905
Page 122
Page 124
1
Q. Okay. Have you seen this particular exhibit 1
Q. Okay. Was this - was this information
2 before?
2 given to you, Mr. Papageorge?
3 A. I don't recall.
3 A. I don't specifically remember this
4 Q. Okay. But it's -- it's, again, by the same
4 particular exhibit.
5 Dr. Hunt you identified in the previous exhibit?
5 Q. Okay. By April of 1970, were you the
6 A. Yes.
6 Manager of Environment Control for Monsanto or were you
7 Q. It appears to be a memo to Dr. Carol --
7 still the Plant Manager at Anniston?
8 Dr. Kelly and his assistant, Mr. Wheeler?
8 A. Well, I was Environmental Control Manager.
9 A. Yes.
9 Q. Okay. That started in early 1970,1 take it
10 Q. Okay. And it talks about, in part, fish
10 then?
11 toxicity tests being done by a laboratory called
11 A. Yes.
12 Industrial Bio-Test?
12 Q. Okay. Don't you think you should have had
13 A. Yes.
13 this information as Manager for Environmental Control?
14 Q. Okay. Are you acquainted with Industrial 14
MR. MILLER: Object to the form of the
15 Bio-Test Laboratory?
15 question.
16 A. Am I acquainted?
16 A. This is typical of the hundreds of documents
17 Q. Yeah.
17 I saw --
18 A. Yes, lam.
18 Q. (By Mr. Oaas) Okay.
19 Q. Where is that located?
19 A. - so I can't say that I remember this
20 A. In the Chicago area.
20 specific one --
21 Q. And apparently Monsanto had contracted 21 Q. Okay.
22 them - contracted with this laboratory to do, in part 22
A. - but it's very, very typical of the kinds
23 as evidenced by this exhibit, some fish toxicity tests? 23 of information that would be brought to my attention.
24 A. Yes.
24 Q. All right. Okay. At -- let's talk about
25 Q. Okay. Now, I'm drawing your attention to 25 this particular exhibit in -- in -- in general. After
Page 123
Page 125
1 the paragraph that starts regarding the fish toxicity
1 April of 1970, are you aware of whether or not the
2 studies. Do you see that?
2 information contained about the results of this fish
3 A. I do.
3 toxicity test by Bio-Test were -- was this information
4 Q. I'm going to read this into the record.
4 passed along to anybody in the aquaculture industry?
5 Regarding the fish toxicity studies, parentheses, cat
5
MR. MILLER: Object to the form in terms of
6 fish and bluegills, close parentheses, the time
6 the definition of aquaculture industry.
7 schedule will be two to three weeks behind because 7 A. I'm not aware of that.
8 doses which were believed to be okay produced 100 8
Q. (By Mr. Oaas) And you understand that by
9 percent kill. Is that --
9 aquaculture, I'm -- I'm referring to it in the broadest
10 A. That's correct.
10 possible sense anybody --
11 Q. I take that to mean that all of the fish
11 A. I think I do now.
12 they tested died?
12 Q. Okay.
13 MR. MILLER: Object to the form. There's no 13 MR. MILLER: Can I -- would that include the
14 foundation for Mr. Papageorge to --
14 Bureau of Fish, Wildlife and -- that was run by the
15 A. That's the way I read it.
15 U.S. Federal Government Department of Interior?
16 Q. (By Mr. Oaas) Okay. And then they went on 16
MR. OAAS: I don't think so. I think in
17 to explain below in the next two paragraphs that levels 17 terms of people that are in fish raising business for a
18 of 1 to 10 parts per million for both 1242 and 1254 for 18 living.
19 50 fish per level all died. Did I read that correctly? 19
MR. MILLER: They do that for a living.
20 A. Yes.
20 MR. OAAS: Okay.
21 Q. And the next paragraph reads for 1260 at
21
MR. MILLER: You know that.
22 levels of 10 and 100 parts per million, there were a 22
MR. OAAS: Well, I don't know if I knew that
23 few survivors, but -- at ten, but all were dead at 100 23 or not, but I --
24 parts per million. Did I read that correctly?
24 Q. (By Mr. Oaas) Did you send a -- let -- let
25 A. That is correct.
25 me ask you this question. Did you send a letter, for
32 (Pages 122 to 125)
TOWOLDMON0045929 WATER PCB-00036906
Page 126
Page 128
1 instance, to -- you know, in Montana -- we have in 2 Montana the Department of Fish, Wildlife, and Parks.
1 2
Q. (By Mr. Oaas) Let's go on to Exhibit -- THE WITNESS: The Deluth meeting, yeah, but
3 Are you aware as -- as to whether or not Monsanto
3 that's not each and every state.
4 notified any state gover -- state governor or state
4 Q. (By Mr. Oaas) Let's go on to Exhibit 27,
5 governmental agency involved in raising fish at either 5 unless you want to add to your answer?
6 public or private fish hatcheries of the results of
6 A. No.
7 these kind of tests that are evidenced in Exhibit 26?
7 Q. I didn't mean to -- well, let's go on to
8 MR. MILLER: Do you mean aside from what it 8 Exhibit 27.
9 provided to the Bureau of Fisheries and Wildlife of the 9
A. I have scanned the exhibit.
10 United States Government?
10 Q. Okay. Have you ever seen this document
11
MR. OAAS: Well, I -- I don't know if they
11 before, Mr. Papageorge?
12 gave any information --
12 A. Yes.
13
MR. MILLER: Well, if that's included within 13
Q. Okay. Do you recall when that would have
14 the definition aquaculture community, that might help 14 been approximately and in what capacity?
15 Mr. Papageorge answer that question.
15 A. Well, I was a member of the team.
16 Q. (By Mr. Oaas) Well, Do you want me to
16 Q. Okay. That went to Europe?
17 repeat the question?
17 A. Yes.
18 A. No. I think I understand.
18 Q. Okay. And that would have been in May of
19 Q. I -- I was asking about --
19 1970?
20 A. There was communication between Monsanto 20 A. Yes.
21 people and Industrial Bio-Test people with the kinds of 21
Q. Okay. And what was the purpose for that
22 activities related to fish growth and exposure.
22 trip to Europe?
23 Q. All right.
23 A. To communicate with anyone involved in any
24 A. There was that, but I wasn't tuned into each 24 way with PCBs.
25 and every contract that was made.
25 Q. Okay. Was that a trip sponsored by
Page 127
Page 129
1 Q. All right. Okay. Because I haven't -- any
1 Monsanto?
2 documents that we've looked at that -- we didn't find
2 A. Yes.
3 any kind of notice in that regard. 4 MR. MILLER: Object to the form. Is that a
3 Q. And who else went besides yourself, if you 4 can recall?
5 question or is that a statement of your observation.
5 A. Well, there's Dr. Keller.
6 Q. (By Mr. Oaas) So I'm just wondering if you
6 Q. Now, is that different than Dr. Kelly?
7 have seen any particular correspondence or know of any 7 That's a different --
8 situation where a particular state like Montana, for
8 A. That's a different person.
9 instance -- 10 A. Uh-huh.
9 Q. Okay. Who is Dr. Keller? 10 A. Dr. Keller is an analytical chemist
11 Q. -- or a particular state agency like the
11 supervisor.
12 Montana Department of Fish, Wildlife and Parks was 12
Q. Okay.
13 given information -- the type of in -- information
13 A. And Elmer Wheeler was with us.
14 contained in Exhibit 26?
14 Q. From the medical department?
15 A. I know they were given, but I don't recall
15 A. The medical department. And I'm trying to
16 the dates or the particular documents.
16 remember -- there was a representative from the British
17 Q. Okay. You're saying that Monsanto gave --
17 operation that joined us.
18 directly communicated with each state in this regard? 18
Q. Okay. And you went to -- part of the
19 A. Each state?
19 trip -- you went to Great Britain?
20 Q. Yeah.
20 A. Yes.
21 A. No. No.
21 Q. And got information on toxicity studies that
22
MR. MILLER: Would Deluth be included in
22 they were performing in Great Britain?
23 that?
23 A. Yes.
24 THE WITNESS: Huh? 25 MR. MILLER: The Deluth meeting?
24 Q. Okay. Would you turn to -- I have -- it's 25 page 4 -- numbered page 4 at the top. There's a Bates
33 (Pages 126 to 129)
TOWOLDMON0045930 WATER PCB-00036907
Page 130
Page 132
1 number at the bottom DSW228385.
1 A. I have it.
2 A. 385?
2 Q. Okay. And at -- at -- I'm con -- if you
3 Q. Yeah. That's the page I want to go to.
3 would just read the last half of the -- the page
4 A. Okay. I have that.
4 under ~ under the heading findings?
5
Q. Okay. Now, I'm -- and I'm going to refer to 5
A. I have read it.
6 paragraph 11. Okay?
6 Q. Okay. Now, I'm going to reference paragraph
7 A. I see it.
7 5 down at the bottom.
8
Q. Okay. And -- and would you just read that 8
A. Yes.
9 to yourself first, please.
9 Q. It says the conclusion of the report
10 A. I have read it.
10 mentioned above is that there is not too much PCBs in
11
Q. Okay. It reports on a -- appears to report
11 food stuffs; however, there still has to be an effort
12 on a fixed tox -- toxicity study using Aroclor 1254, 12 to get less in the environment. And then it goes on to
13 correct?
13 say fish and meat for human consumption are the
14 A. Yes.
14 greatest problem area for PCBs. Would you agree with
15 Q. Okay. Do you recall where this particular 15 that -- that sentence, Mr. Papageorge, as of that -- as
16 study was done?
16 of the date of this report in May of 1970, would you
17 A. I do not.
17 agree that, quote, fish and meat for human consumption
18 Q. Okay. And I don't think it indicates in
18 are the greatest problem area for PCBs, end quote?
19 the -- in the paragraph, does it?
19 A. I never perceived it as such.
20
MR. MILLER: It -- it may on the proceeding 20
Q. Okay. So you wouldn't agree with that?
21 page.
21 A. I do not.
22 Q. (By Mr. Oaas) Well, let's go to the -- I
22 Q. Okay. Let's go on to Exhibit 28.
23 want to talk about the results of this particular
23 A. I have read it.
24 toxicity study. Okay?
24 Q. Okay. Exhibit 28 -- I guess we're back in
25 A. Uh-huh.
25 Choccolocco Creek, right?
Page 131
Page 133
1 Q. Do you see about the -- a little way past
1 A. Yes.
2 the middle there's a sentence that begins with
2 Q. Okay. And this appears to be a letter to
3 result -- the word results?
3 Mr. J.T. Bell, Plant Chief Chemist, Monsanto Company,
4 A. I see it.
4 correct?
5 Q. In this particular toxicity test, results
5 A. Yes.
6 showed that seven of the fish died after 120 hours.
6 Q. Okay. And he worked in the plant at
7 This was with rainbow trout, right?
7 Anniston, correct?
8 A. Yes.
8 A. Yes.
9 Q. Results showed that seven of the fish died
9 Q. So he was the chief chemist at -- at your
10 after 121 hours with levels ranging from 15 to 18 parts
10 plant?
11 per million PCB in the muscle, and 45 to 56 ppm in the 11
A. At the plant I -- that I used to be --
12 viscera in the dead fish. Remaining fish which lived
12 Q. The plant you used to be the manager at,
13 192 hours contained 12 to 14 ppm PCBs in the muscle and 13 correct?
14 64 to 70 ppm in the viscera. Did I read that
14 A. Yes.
15 correctly?
15 Q. All right. Okay. The date of this memo is
16 A. Yes.
16 June '72, correct?
17 Q. Now, was information about the re -- results
17 A. Correct.
18 of this particular fish toxicity test -- and I'll --
18 Q. And it appears to be authored by a man named
19 I'll just narrow the -- the question down to Montana --
19 Suttkus and a man named Gunning. Are you familiar with
20 to your knowledge, given to anybody in the aquaculture 20 those two names?
21 industry in Montana?
21 A. Suttkus and Gunning, yes.
22 A. Not that I'm aware of.
22 Q. Okay. And who were they?
23 Q. All right. Let's go -- the same -- same
23 A. They were -- I don't know how to describe
24 exhibit. Let's go to -- again, it has no. 6 at the
24 them except to follow their letterhead. They were
25 top. The number at the bottom is DSW228387.
25 Biological Consul -- Consultants located in Louisiana.
34 (Pages 130 to 133)
TOWOLDMON0045931 WATER PCB-00036908
Page 134
Page 136
1 Q. And were they hired by Monsanto to do
1 continue to find deformed, sick, and lethargic fishes
2 something?
2 in our collections, particularly at stations 7, 8, and
3 A. We -- Monsanto asked them to take samples 3 10. Since the residue levels are highest at these
4 and analyze them.
4 stations, it is apparent to us that there is a cause
5 Q. Take samples of what?
5 and effect relationship. Do you see that?
6 A. Fish.
6 A. Yes.
7 Q. And where were they supposed to take samples 7 Q. It would appear that Suttkus and Gunning are
8 from -- fish from, what stream?
8 reporting to Monsanto that there's a connection between
9 A. In the waterways by the plant.
9 the PCB concentrations found in the fish at stations 7,
10 Q. The plant in Anniston?
10 8, and 10 and the condition of the fish being deformed,
11 A. In Anniston, yes.
11 sick, and lethargic in those areas, correct?
12 Q. All right. And apparently, they made
12 A. Correct.
13 several reports about their work?
13 Q. Okay. Now, was that information -- any --
14 A. Yes.
14 any of that kind of information passed along to anybody
15 Q. And -- and this appears to be one of those
15 in the state of Montana that was involved in raising
16 reports?
16 fish?
17 A. Correct.
17 MR. MILLER: Object to --
18 Q. Have you ever seen this report before?
18 A. In Montana?
19 A. It looks somewhat familiar.
19 MR. MILLER: Let me object to the form of
20 Q. Okay. Would this -- would this be the kind 20 the questions. It calls for speculation, but you can
21 of information that you indicated before that you would 21 respond.
22 have been given in -- in your capacity as Manager of 22
Q. (By Mr. Oaas) If you know, was any of this
23 Environmental Control --
23 kind of information, the results of Suttkus and
24 A. Yes.
24 Gunning's work, were they passed along to a state like
25 Q. -- for Monsanto?
25 Montana?
Page 135
Page 137
1 A. Yes.
1 A. Not to my knowledge.
2 Q. All right. Now, let's go to the next to the
2 Q. Not to your knowledge.
3 last page of that report, Mr. Papageorge. Now, I'm
3
MR. MILLER: Wait a minute. Did you say a
4 going to -- I want to refer you to the -- the -- the
4 state like Montana or Montana.
5 information below the heading discussion. Do you see 5
Q. (By Mr. Oaas) I'll say -- to Montana?
6 that?
6 A. Montana?
7 A. Yes.
7 Q. Yeah, I meant Montana. And your answer was
8 Q. And there's three paragraphs there. I -- I
8 not to your knowledge?
9 want to ask you some questions about the first two.
9 A. Not to my knowledge.
10 The first paragraph, paragraph 1, indicates the data
10 Q. All right. Let's go to Exhibit 29.
11 for the first year of the survey indicate clearly that
11 A. I've read it.
12 the fishes below the Monsanto -- Monsanto outfall have 12
Q. Okay. It references -- again, Mr. Wheeler
13 concentrated the PCB residues to a very high level.
13 of the medical department is indicating that Monsanto
14 Now, where was the Monsanto outfall?
14 has, quote, probably the world's best reference file on
15 A. Well, the only outfall that I could define
15 the PCB situation. Do you see that?
16 as the outfall was that ditch that was referred to as
16 A. I do.
17 Snow Creek.
17 Q. Okay. Were you -- were you privy to that
18 Q. Okay. And then this paragraph goes on to
18 inf -- their reference file on PCBs as the Director of
19 say the highest values obtained for fishes were at
19 Environmental Operations?
20 sections 7, 8, and 10 in Choccolocco Creek. Do you 20
A. I had access to a considerable amount of it.
21 know where stations 7, 8, and 10 were?
21 Q. Sure.
22 A. No, I do not.
22 A. I have no way of knowing if I had all of it.
23 Q. Do you know what area he's referring to?
23 Q. Okay. Let's go -- you certainly were
24 A. No.
24 familiar with Dr. Jensen's -- excuse me -- I don't know
25 Q. Okay. Let's go to paragraph 2. It says we
25 if -- Dr. Soren Jensen's work. You were familiar with
35 (Pages 134 to 137)
TOWOLDMON0045932 WATER PCB-00036909
Page 138
Page 140
1 that, correct?
1 MR. MILLER: It's about 1:00.
2 A. Oh yeah.
2 MR. OAAS: Okay. I'm -- can I just finish
3 Q. Okay.
3 with this exhibit?
4 A. Yeah.
4 MR. MILLER: Yeah, that's fine.
5 Q. And Soren Jensen is an important figure in
5
MR. OAAS: Okay.
6 the overall PCB story, correct?
6 Q. (By Mr. Oaas) If you would turn to page 128
7 A. Well, he was initially.
7 of the article. Do you see that? Are you -- are you
8 Q. Yeah. Okay. And he --it's my
8 on page 128, Mr. Papageorge?
9 understanding that he was a scientist in -- from
9 A. Page 128?
10 Sweden?
10 Q. Yeah. Do you see the heading in the right-
11 A. Yes.
11 hand column biological effects?
12 Q. Okay. And do you have -- do you believe
12 A. Yes.
13 that you were -- back in the '70s, when you were
13 Q. Okay. I want to direct your attention to
14 Director of Environmental Operations, were -- were you 14 the second paragraph under that heading that starts --
15 familiar with Dr. Jensen's work?
15 the sentence starts with a typical symptom. Do you see
16 A. Yes.
16 that?
17 Q. Okay. You believe you read all of the
17 A. I do.
18 articles that he published concerning PCBs?
18 Q. Okay. It reads a typical symptom of PCB
19 A. As far as I know, yes.
19 poisons is fatty de -- degeneration of the liver.
20 Q. Let's go to Exhibit 30.
20 Would you agree with that?
21 A. I have scanned the article.
21 A. I do.
22 Q. Okay. It appears that it's -- it's an
22 Q. Okay.
23 article written by the same Soren -- Soren Jensen we 23 A. I'm -- I'm sorry -- yes, I --
24 were discussing earlier?
24 Q. Okay.
25 A. Yes.
25 A. -- I agree.
Page 139
Page 141
1 Q. Okay. And the article is titled The PCB
1 Q. Okay. It goes on to say one case of mass
2 Story?
2 death of salmon fry in a Swedish hatchery showed this
3 A. Yes.
3 typical picture of the PCB source could be traced to
4 Q. Do you see that on the second page of the
4 anti-fouling paint used in a hatchery. Do you see
5 exhibit?
5 that?
6 A. Yes.
6 A. I do.
7 Q. And if you look at page 125 of the article,
7 Q. Okay. And you believe that you read this
8 it appears that it was published in the journal Ambio
8 article back in the 1970 time frame?
9 in August of 1972. Do you see that reference down in 9 A. Yes.
10 the lower left-hand comer on page 125?
10 MR. MILLER: Wait. Object to the form. It
11 A. Yes. That's -- that's the date of this
11 was published in '72.
12 article.
12 Q. (By Mr. Oaas) Excuse me. In the 19 --
13 Q. Okay.
13 af -- following 1972?
14 A. Uh-huh.
14 A. Yes.
15 Q. And that would have been when you were the 15 Q. Okay. Now, it wouldn't be -- it -- it
16 manager -- the Manager of Environmental Con -- Control 16 wouldn't be unusual, given the technical bulletin we
17 for Monsanto, correct?
17 looked at earlier about the use of PCBs in chlorinated
18 A. Correct.
18 rubber paint, to find that a hatchery was -- a fish
19 Q. Okay. Do you recall reading this article
19 hatchery like the one referenced here was using
20 back then?
20 chlorinated rubber paint containing PCBs for a coating
21 A. Do I -
21 on concrete surfaces?
22 Q. Do you recall reading this article back
22 MR. MILLER: Object to the form.
23 then?
23 Q. (By Mr. Oaas) That wouldn't be unusual,
24 A. Yes. Uh-huh.
24 would it?
25 Q. All right.
25 A. That wouldn't be ?
36 (Pages 138 to 141)
TOWOLDMON0045933 WATER PCB-00036910
Page 142
Page 144
1 Q. Wouldn't be unusual.
1 CERTIFICATE
2 A. Not finding -- not seeing that would not
2
3 be --
3 I, Christopher C. Wiegers, Certified Court
4 Q. No, no. It wouldn't be unusual for a
4 Reporter, DO HEREBY CERTIFY that pursuant to agreement
5 hatchery to say that it had concrete raceways -- do you 5 between the parties, the aforementioned witness came
6 understand what I mean when I -- when I'm referring to 6 before me at the time and place hereinbefore mentioned,
7 a raceway at a fish hatchery?
7 and having been duly sworn to tell the whole truth of
8 A. Yeah.
8 his knowledge touching upon the matter in controversy
9 Q. Okay. If those were made out of concrete, 10 for instance -- 11 A. Correct. 12 Q. Okay - it wouldn't be unusual for a 13 hatchery in this time frame, in the late 1960s early 14 1970s, to be using paint containing PCBs as a coating 15 on their concrete raceways, would it? 16 MR. MILLER: Let -- let me object. There's
9 aforesaid; that he was examined on the day, and his 10 examination was taken in shorthand and later reduced to 11 printing; that signature by the witness is reserved and 12 said deposition is herewith forwarded to the taking 13 attorney for filing with the Court. 14 IN WITNESS WHEREOF, I have hereunto subscribed my 15 name this 10th day of July, 2006. 16 17
17 a lack of foundation with respect to what
18
18 Mr. Papageorge's knows as to what the usual practice is 19
19 among fish hatcheries and the paint applications.
20
20 There's no foundation for that.
21
21 MR. OAAS: Okay. I -- I think that was a
22 pretty confusing question anyway, and I -- I don't
22
Christopher C. Wiegers
23 think I need an answer to it right now.
23
24 It's about 1:00, so I think that's --
24
25 we'll -- we'll abide by the agreed upon time frame and 25
Page 143
Page 145
1 we'll -- we'll start tomorrow at 9:00, if that would be
1
2 okay with you, sir?
2
3 THE WITNESS: Okay.
3 I, WILLIAM PAPAGEORGE, do hereby state that the
4 THE VIDEOGRAPHER: We are off the record at 4 foregoing statements are true and correct to the best
5 1:00 p.m.
5 of my knowledge and belief. 6
6 (Wherein, the taking of the videotaped
7
_____________________________
7 deposition concluded.)
William Papageorge
88
99
10 10
11 11 Subscribed and sworn to before me thisday
12 12 of, 2006.
13
13 14
14
15 15 Notary Public 16 16
17 17 My Commission expires:
18 18
19
20 19
21
20 21
22 22
23 23
24 24
25 25
37 (Pages 142 to 145)
TOWOLDMON0045934 WATER PCB-00036911
1 WILLIAM PAPAGEORGE
2 NAME OF DEPONENT 3
DEPOSITION CORRECTION SHEET 4
Re: Marty Paulson, et al., vs. Monsanto Chemical 5 Company, n/k/a Pharmacia, et al., No. DV-2004-55 6 Reported By: Christopher C. Wiegers 7 Upon reading the deposition and before subscribing
thereto, the deponent indicated the following 8 changes should be made: 9 Page Line Should read:
Reason assigned for change: 10
Page Line Should read: 11 Reason assigned for change: 12 Page Line Should read:
Reason assigned for change: 13
Page Line Should read: 14 Reason assigned for change: 15 Page Line Should read:
Reason assigned for change: 16
Page Line Should read: 17 Reason assigned for change: 18 Page Line Should read:
Reason assigned for change: 19
Page Line Should read: 20 Reason assigned for change: 21 Page Line Should read:
Reason assigned for change: 22
Page Line Should read: 23 Reason assigned for change: 24 _______________________________
SIGNATURE OF DEPONENT 25
1
2 3 July 10, 2006 4
HUSCH & EPPENBERGER, LLC 5 Adam Miller, Esq.
190 Carondelet Plaza, Suite 600 6 St. Louis, Missouri 63105 7 8 Re: Marty Paulson, et al., vs. Monsanto Chemical
Company n/k/a Pharmacia, et al., No. DV-2004-55 9 10
Dear Mr. Miller: 11
Enclosed is the transcript of Mr. William 12 Papageorge's deposition testimony given on June 27,
2006. Please have Mr. Papageorge review the 13 transcript, make any corrections, and return one copy
of the corrections as well as the signature page 14 directly to Torger S. Oaas, Esq. If the transcript is
not signed within thirty days, the original transcript 15 may be filed with the Court as if signed. 16 If you have any questions please do not hesitate
to contact me. 17 18 Respectfully, 19 20
Christopher C. Wiegers 21 22 ccw
Enclosures 23 24 25
Page 146 Page 147
38 (Pages 146 to 147)
TOWOLDMON0045935 WATER PCB-00036912
Page 1
A
abdominal 84:10 abide 142:25 above-captioned 2:24 absorbed 75:16 absorption 61:18 acceptability 12:24
13:9,13 85:8 accepted 55:8 access 137:20 accident 66:22 accommodate 7:21 accompanied 61:6 84:7
84:13 account 50:18 accuracy 20:18 21:1 accurate 9:4 18:10 19:1
20:16 31:17,25 32:21 32:22 82:24 accurately 79:5 84:21 accusation 104:10 acne 49:11 acne-form 38:19 acquainted 122:14,16 acronym 24:4 activities 126:22 activity 22:9 actual 58:22 89:23 Adam 3:14 104:18 147-5 add 32:16 106:4,6,13 1285 added 106:6 addition 106:19 additional 13:6 14:4 address 9:7 10:16 105:16 addressed 112:15 Administration 85:15 8715 admissibility 104:20 admission 104:4 adrenal 84:17 advancing 96:23 advantage 65:8 advice 98:24 112:23 advise 67:15 af 141:13 affect 47:16 95:7 affords 54:25 aforementioned 144:5 aforesaid 144:9 afternoon 2:18 age 7:19,25 agencies 89:7,13,14,18 91:20 110:5 agency 63:9 126:5 127:11 agree 75:18 132:14,17 ~132:20 140:20,25
agreed 142:25
agreement 144:4 agriculture 90:4
121:11 ahead 33:15 66:12 81:2
87:23 89:25 104:8 118:16,17 air 18:19 32:4 50:8 61:18 62:2 101:25 102:10 al 6:5,6 93:23 96:24 146:4,5 147:8,8 Alabama 10:23 11:4 115:11,15,21 alert 71:6 alkalies 111:3 alkaline 111:1,18 Allen 70:19 71:4 allotted 65:22 allowable 61:25 allowed 61:20 65:24 Ambio 139:8 American 30:3,15 amount 23:22,23 28:9 33:8 34:4 62:8 102:11 106:15 120:12 137:20 amounts 15:14 31:20 50:9 analogies 68:9 analogy 76:3,6 analytical 54:20,23,23 114:24 115:1 129:10 analyze 134:4 analyzed 118:12,19 Angus 1:4 2:4 6:5 animals 37:3 53:14 54:13 57:14 72:13 92:4,15 93:15 94:11 95:16 113:12,15 Anniston 10:22 11:4,14 11:16 12:1 16:17 21:11,24,24 62:6,15 63:12 64:25 77:11 115:11,15,20 124:7 133:7 134:10,11 Annistor 63:12 annual 66:3 ANSI 22:24 23:4 28:13 30:1 31:22 33:5 answer 20:21 24:1 31:2 33:15 38:7,10 57:23 67:2 107:15 113:22 126:15 128:5 137:7 142:23 answered 66:10 100:2 answers 30:25 anti-fouling 141:4 anybody 80:21 104:5 121:2 125:4,10 131:20 136:14 anymore 37:19
anyway 43:10 93:1 142:22
apologize 49:22 88:2 app 18:13 apparent 136:4 apparently 86:19 93:16
93:23 94:9,25 95:6,14 95:20,25 96:17 97:17 112:15 115:3 122:21 134:12 appear 82:23 83:1,2,8 136:7 APPEARANCES 3:1 appears 10:2 18:13 19:18 22:22 36:12 41:22 43:16 45:18 48:15,17,18 51:11 56:20 57:4,19 58:12 59:6,20 70:11,18 71:22,25 73:10,15 77:1 78:1 82:19 86:12 88:13 92:1,12 92:13 105:10 114:19 119:18 122:7 130:11 133:2,18 134:15 138:22 139:8 application 101:2 103:23,24 applications 24:22 27:16 52:18,22 54:10 98:21 107:13 110:21 110:23 142:19 applied 46:8 47:9 100:19 apply 106:19 applying 101:4 appreciate 83:4 approach 21:8 appropriate 30:19 approved 103:21 approximate 17:16 approximately 6:9 16:20 18:8,18 20:11 128:14 April 4:18 59:21 124:5 125:1 aquaculture 121:2,4,10 121:20 125:4,6,9 126:14 131:20 aquatic 108:7 113:13 113:15 117:10 Ar 98:3 arcing 25:10 area 9:7 14:4 56:3 57:2 115:1,18 122:20 132:14,18 135:23 areas 11:9 46:9 84:10 136:11 argued 55:23 argument 55:7 80:22 87:20
Aroclor 5:4,8 24:7 37:4 37:9,11,14,25 38:3 39:6,7,10,11,16,16,18 39:20 40:17,22 41:6 42:23 43:4,10,11 45:25 49:5 53:5,12,15 54:3,11,24,25 55:16 57:13 59:1 62:8,12,19 63:12 70:22,22 72:12 72:18,21,24 75:10 83:16 93:4,14,20 94:9 94:16,16,22 95:6,14 95:21,25 96:8,12,17 96:18 98:3,11 101:25 105:5,24 107:14 111:2,4,25 119:18 130:12
Aroclors 37:13,18 38:19 39:1,22 45:22 46:6,25 47:5 54:10 55:13,15,22 58:22 60:3 61:5 63:21 65:25 67:21 68:14 72:10 86:15,23 98:22 101:8,18 102:10 103:14,16 106:20,22
Aroclor-containing 56:3
aromatic 84:6 arrived 65:5 article 4:23,24 77:2,4,7
77:12,17,18,19 78:1,5 82:15,17,19 83:9,21 84:25 85:1,4,6,24 88:22 92:23 93:22,25 138:21,23 139:1,7,12 139:19,22 140:7 141:8 articles 138:18 ascites 78:18 aside 15:11 126:8 asked 30:5 52:4 66:10 72:22 91:19 134:3 asking 21:18 32:7,20 47:4 51:2 62:13 70:7 73:6 78:7 90:12 100:2 120:7 126:19 assigned 57:2 146:9,11 146:12,14,15,17,18 146:20,21,23 assistant 59:23 71:23 122:8 associate 35:22 47:15 associated 10:15 38:14 46:17 association 45:6 46:14 assume 32:20,22 46:1 93:3 104:17,23 114:15 assuming 18:12 31:17 assumption 93:6
assumptions 32:8 asterisk 118:11,24 ate 78:3 attach 23:21 attached 24:14 73:22 attaches 23:19,24 attempt 23:9 attempted 27:15 attention 27:23 42:6,17
49:21 57:7 58:19 59:3 60:21 72:5 101:8 122:25 124:23 140:13 attorney 8:18 144:13 attorneys 8:9 audience 29:1 31:9 33:17 34:1 August 53:4 113:18 139:9 author 43:15 56:20,21 59:19 86:1 112:9 authored 51:12 71:22 73:15 74:6 87:14 133:18 authors 79:15 83:1,6 automobiles 76:2 available 23:12 30:20 64:18 65:8 105:19 aware 100:7 112:13,16 121:23 125:1,7 126:3 131:22 a.m 6:9 48:1,4 76:15,18 103:3,6
B
B 63:21 64:1,2,4 baby 78:2 back 23:13 26:24 27:22
31:11 48:3 62:14 76:17 103:5,7 106:24 114:4 120:24 132:24 138:13 139:20,22 141:8 background 21:22 35:20 53:6 bad 30:24 63:7,7 barges 108:1,6 Barrett 51:17 56:20 58:14 99:12 barrier 64:17 based 30:19 46:13 100:21 105:19 107:7 113:11 basically 14:1 Bates 129:25 bathing 65:22 baths 65:23 Battelle 53:7 BCC 42:8 beach 33:18 began 16:5
TOWOLDMON0045936 WATER PCB-00036913
Page 2
begins 61:11 131:2 behalf 1:15 3:2,13,21
31:5 belief 145:5 believe 10:23 15:14
38:14,18 41:23 46:5 49:23 50:8 54:14 58:20 60:25 88:25 91:13 138:12,17 141:7 believed 123:8 believing 55:17 Bell 133:3 Benig 67:20 Benignus 42:11,12,14 67:8,11,14,20 Bennett 93:22,25 96:24 97:2 benzine 24:13 Berger 3:6,7 6:23 BERRY 3:17 best 17:1,20 27:20 30:8 30:19 41:13 45:5 49:22,23 52:20 76:3 137:14 145:4 better 42:9 bi41:6 bias 8:4 big 87:20 109:20,25 Bill 6:23 billion 19:5 biological 5:9 133:25 140:11 Bio-Test 122:12,15 125:3 126:21 biphenyl 23:18,20 24:12 40:24 41:7 78:20,21 80:7 83:16 83:20 84:2 biphenyls 24:4,10,14 78:13 92:9 94:6 95:5 birds 86:24,25 bit 8:8 black 49:11 119:21 Blacktail 117:22 119:1 119:6,21,23 blends 106:21 blood 84:12 blue 8:22,23 bluegills 123:6 board 75:2 86:22 bodily 38:18,25 booth 103:21 bordering 8:13 hot 75:14 bottom 8:23 18:12 32:5 34:13 42:8 46:4 83:15 94:22 117:21 117:23 118:1 119:2 130:1 131:25 132:7 bought 16:8
box 3:4,7,18,23 17:7,10 18:18,21 19:3 34:14 34:15
boxes 34:13 Branch 85:14 break 7:7,17,18 47:23
48:2 70:4 76:12,16 103:4 113:25 114:3 breathe 103:18 breathing 46:20 briefly 11:24 Britain 45:13 51:15,18 56:22 57:1 99:14 102:7 129:19,22 British 129:16 brittle 25:6 broad 32:14 81:4 106:3 broadest 121:15 125:9 brought 30:14 124:23 Brown 3:22 69:23 70:4 79:8 81:11,14 BROWNING 3:17 brushed 103:20 brut 98:13 brutally 98:13 buck 12:3 Buehler 3:9,10 6:24 building 63:22 65:25 bulletin 105:4,5,10,13 106:8 141:16 bulletins 105:18,18 Bureau 121:17 125:14 126:9 Burleigh 1:4,4 2:4,4 6:4 business 125:17 butcher 42:10 B-e-n-i-g-n-u-s 42:14
__________C
C 1:19 2:21 144:3,22 146:6 147:20
calculated 101:22 119:12
calculations 101:23 call 30:12 71:4,5
117:11 119:5,6 called 23:18 25:17
39:18,18 70:19 116:15 122:11 calling 112:22 calls 57:22 136:20 Canvas 64:16 capable 8:2,5 capacitors 35:6 capacity 21:25 22:2 85:7 87:8 128:14 134:22 care 61:22 70:25 116:18 careful 50:2
Carol 122:7 Carondelet 2:20 3:15
147:5 case 6:4,24 8:7 26:17
37:10 38:1 50:3 67:17 71:7 106:21 141:1 cases 49:25 50:1 61:3 casts 79:4 cat 123:5 category 25:8,22 cats 95:7 cause 1:7 2:7,22 6:6 78:13 136:4 caused 42:23 53:13 78:20,23 cautious 82:8 CBP 84:2,7,11,13,19 ccw 147:22 ceased 15:8 51:21 52:7 56:10 ceasing 99:15 100:11 cell 96:4 Celsius 100:20 center 110:13,13 centered 14:24 certain 2:22 19:17 105:16,17 106:23 118:10 certainly 29:22 56:4 80:20 81:25 137:23 CERTIFICATE 144:1 Certified 1:19,20 2:22 144:3 CERTIFY 144:4 Chance 3:18 change 64:13 146:9,11 146:12,14,15,17,18 146:20,21,23 changed 10:12 14:1 changes 65:2,10 84:11 84:15 94:18 96:9 146:8 characterization 78:4 charge 110:2 chart 4:8,9 18:13,16 92:7 Charts 5:1 Chem 14:16 55:9 chemical 1:9 2:9 6:5 11:6 12:25 13:13,14 14:10,16 16:12 23:18 36:16,21 44:11,12,16 55:9 59:7 83:17,23 111:11 146:4 147:8 chemicals 23:17 24:9 25:5 66:18,24 67:2 chemist 114:24 129:10 133:3,9 Chicago 112:14 122:20 chick 83:20 84:6,20
chickens 78:2 79:15 83:9,21
chicks 78:2,3,16 86:14 86:20
chief 133:3,9 Childs 82:22 83:3 chlor 94:5 Chloracne 49:5,6,7,14
49:16 50:5 61:2,6 chlorinated 24:10,10
41:6,11 50:10,10,13 50:18 61:2,5,25 62:1 78:13,20,21 80:7 83:16 84:2,6 92:9 94:5 95:5 105:6,22,25 106:7,9,13,16,22 107:5 111:3,5 141:17 141:20 chlorination 39:13 chlorine 23:19,19,21,22 23:23 40:21 41:3 93:3 106:5 Choccolocco 115:5,8,9 115:14,20 116:10,13 116:14,21 117:2,13 117:14 132:25 135:20 choice 63:7 Chris 6:10 Christopher 1:19 2:21 144:3,22 146:6 147:20 chronic 72:9,15 City 2:20 clarify 91:4 clean 64:13,16 65:16 cleanliness 65:13 clear 48:16 clearly 102:9 135:11 Cleveland 97:20 close 79:17 84:2 96:1 101:21 123:6 closed 26:18 47:9 71:3 clothing 64:11,13,16,20 65:10 Coal 75:2 coat 64:11 coating 107:25 141:20 142:14 coatings 107:14 108:5 108:12 111:2 cockerels 84:3 code 9:7 col 119:11 cold 101:18,25 102:9 102:15 Collection 5:1 collections 136:2 colloquy 104:12 COLUMBIA 3:21 column 20:10 92:13,14 92:18 93:2,20 94:9,15
94:22 95:5,13 96:9,16 96:22 140:11 columns 119:10,11 combination 64:12 combinations 111:4 come 15:3 44:9 77:17 111:14 114:22 coming 26:7 73:12 100:13,18 comment 66:11 commercial 41:16 108:15 121:12 Commission 145:17 committee 22:24 23:4 23:10 28:13 29:25 31:22 32:1 33:5 common 98:11 117:23 118:25 communicate 128:23 communicated 127:18 communicating 89:8 communication 126:20 community 10:15 126:14 companies 1:11 2:11 106:4 company 1:9 2:9 6:6 10:3,22 12:25 13:14 13:19 14:10,17,25 16:8,11,12 36:17 44:12 55:10 59:7 67:12 70:19 79:18,22 83:17,23 97:20 112:15,18,19,22 133:3 146:5 147:8 compare 41:8,9,10 120:6 Compared 120:5 competing 45:13 complained 98:12 complete 60:18 64:11 81:7,9 82:10,14 104:4 completely 98:17 completeness 80:5,17 85:12 87:12 88:12 complex 120:9 component 80:7,8 components 61:4 75:16 composite 119:11 compounds 61:16 72:8 72:11 107:14 comprising 64:11 con 49:17 86:13 132:2 139:16 concentrated 21:9 135:13 concentration 50:18 56:2 61:25 102:2 concentrations 55:1,16 55:18 101:22,24 102:10 136:9
TOWOLDMON0045937 WATER PCB-00036914
Page 3
concern 46:16,16 100:17,18,21
concerned 22:1 37:25 57:12 100:13 101:2 102:7
concerning 18:6 86:14 97:18 138:18
concerns 13:10 14:13 46:14,25 47:5,13,14 47:15
concluded 143:7 conclusion 75:21 132:9 concrete 24:25 25:25
109:5 111:6 141:21 142:5,9,15 condition 136:10 conditions 14:25 23:22 26:21 conduct 82:4 conducted 72:11 confined 46:9 confused 68:12 118:9 confusing 142:22 connection 49:17 136:8 consider 76:10 119:25 considerable 137:20 consideration 53:7 54:9 considered 45:23 66:20 consist 29:18 Consul 133:25 Consultants 5:9 133:25 consumers 68:3,5,7,8 consumption 132:13,17 contact 38:18,25 42:25 61:20 111:14 147:16 contacted 108:6 contain 69:9 contained 19:16 26:17 62:24 68:4 78:4 112:24 125:2 127:14 131:13 containing 68:17 74:15 74:22 111:2 141:20 142:14 contains 74:24 110:21 113:6 contaminant 80:8 contaminated 8:14 contamination 76:1 contemporaneous 32:12 content 40:21 41:3,12 117:2 contention 78:13 115:24 context 35:14 88:14 98:21 103:11 continue 48:6 64:9 76:21 107:4 114:7 136:1
continued 19:25 50:17 107:8
contract 64:23 65:9 126:25
contracted 122:21,22 control 12:9,15 22:9
25:10 28:17 38:23 77:16 85:7 87:9 124:6,8,13 134:23 139:16 controlled 66:25 controlling 62:8 controls 61:23 62:6,17 62:25 63:6 controversy 144:8 cooling 25:13 copies 87:7 copy 49:22 60:18 69:20 69:22 70:2 89:17 91:1,7 147:13 corner 27:5,6 34:15 48:15 60:13 139:10 corporate 40:8 correct 7:4 9:25 10:1 10:10 12:11 13:1,2 14:10,21 17:13 20:7 22:22,23 24:4,5 30:2 30:3 39:4,5 42:2,15 43:20,23 45:19,20 51:20,23 52:6 54:14 55:10 57:21 68:20 69:11,14 71:11,23 72:19,21 81:25 82:2 83:23,24 85:10,16,17 92:1 97:11,25 98:1 105:10,23 107:10,18 107:19 108:3,12,13 108:22 109:5,18,19 112:5 113:7,10,19 114:20,21 116:6,7 117:3,4,6,7,15 119:18 120:15,21 123:10,25 130:13 133:4,7,13,16 133:17 134:17 136:11 136:12 138:1,6 139:17,18 142:11 145:4 correcting 83:3 CORRECTION 146:3 corrections 147:13,13 correctly 12:10 28:10 37:2,6 38:20 41:25 43:1 46:11 49:7 50:5 50:20 53:17 57:10,16 59:3 61:8 62:3 66:4 67:8 71:8 72:16 76:4 87:1 93:11,17 96:14 98:18 108:2 111:7 113:11,15 115:7 123:19,24 131:15 correctness 54:16
correspondence 87:6 127:7
corresponding 58:14 counsel 104:12 counting 17:25 country 27:11,14 County 1:1 2:1,24 6:7 couple 28:21 course 15:3 26:4 45:12
90:5 court 1:1,19 2:1,22,23
6:7,10,12 104:12 144:3,13 147:15 cover 106:8 covered 27:9,17 covering 109:3 craft 108:2,6 Craig 3:9,10 6:24 cream 64:17 Cream-colored 84:16 create 73:12 created 89:6 107:21 creation 51:11 89:4 creek 115:5,9,9,14,20 116:10,15,17,18,20 116:21 117:3,13,14 132:25 135:17,20 cubic 53:13,16 54:12 55:1 57:15 62:2 curious 28:23 current 9:6 currently 19:4,6 34:15 34:21,23,25 35:5,11 35:13,19,21,23 Curriculum 4:7 9:2 customer 69:13 79:22 97:19 98:25 112:14 113:10 customers 29:16,24 105:15,19 107:17 customer's 30:9 cut 24:1 30:21 118:16 cutting 30:25 C-107 22:25
D
daily 98:17 Dairy 72:1 dam 93:22 damage 42:23 54:12
71:1 93:9,15,22 94:12 94:24 96:23 98:15 danger 75:17 103:19 103:20 dangers 67:21 68:14 Daniel 3:17 dash 98:15 110:12,12 data 57:13 72:8 73:23 75:7,12 121:21 135:10 date 16:4 17:16 35:21
36:11,13,19 48:13,15 57:4 58:16 59:20 71:10,13 86:9 90:9,9 92:4 97:24 113:18 114:17 132:16 133:15 139:11 dated 41:25 45:19 73:18 77:2 82:20 dates 127:16 Davis 70:14,16 97:13 97:18 day 2:16,18 53:12 62:1 75:25,25 144:9,15 145:11 days 46:19 53:12 62:14 93:9,21 94:11,24 147:14 de 140:19 dead 93:21 123:23 131:12 deal 12:21 59:3 dealing 13:9 14:12 31:21 95:6,14,21,25 96:17 deals 105:21 Dear 147:10 death 93:8 141:2 decades 34:2 decided 89:11 decorate 107:13 decorative 107:13,25 108:5,11 decreasing 28:9 84:16 DEFENDANT 3:21 DEFENDANTS 1:12 2:12 3:13 define 34:23 135:15 defined 35:14 58:23 defining 120:4 definition 120:17 125:6 126:14 definitions 23:14 deformed 136:1,10 degeneration 140:19 degree 39:13 111:11 degrees 98:22 100:19 deliberate 116:23 Deluth 127:22,25 128:2 demonstrated 57:14 61:17 department 1:10 2:10 58:7,13 59:23 63:22 64:3,8 70:12 89:9 90:3 114:25 125:15 126:2 127:12 129:14 129:15 137:13 departments 66:2,6,8 66:15,16,18,20,23 depends 34:23 106:15 120:9,18 deponent 146:2,7,24
deposition 1:14 2:15 6:1,4 7:3 8:3,20 9:14 9:23 15:12 19:18 80:10 87:22 104:1,2,6 104:9 143:7 144:12 146:3,7 147:12
depositions 104:7 depression 84:8 dermal 94:5 dermatitis 49:24 61:20
84:18 describe 11:5,24 12:2
24:15 41:6 44:19 56:25 66:23 74:13 106:1 109:25 133:23 described 66:15 describes 23:17 40:24 describing 24:9 31:7 64:19 105:5 description 26:13 42:2 designed 105:16 destroyed 35:3 deteriorating 33:1 determinations 101:19 determine 20:18 115:17 determined 115:19 develop 49:4 developed 35:21 50:4 78:17 development 50:19 72:1 develops 58:25 de-feathering 84:18 died 94:11,23 123:12 123:19 131:6,9 dietary 78:24 84:8 difference 24:11 39:10 58:24 different 11:8 25:5 74:22 117:12 129:6,7 129:8 differently 13:20 digging 36:12 dilation 79:4 dioxin 86:21 diphenyl 50:18 62:1 diphenyls 61:3 direct 27:23 49:20 84:8 140:13 directed 101:7 directing 57:7 58:19 directly 110:5 127:18 147:14 director 13:23 14:8 77:21 85:8 86:5 87:9 137:18 138:14 disappear 28:5 33:25 disappeared 28:4 discharge 116:23 discharged 116:9,17,19
TOWOLDMON0045938 WATER PCB-00036915
Page 4
116:22 discomfort 98:12 discovery 31:19 50:3 discuss 7:1 discussed 14:3 67:21
84:20 108:18 discussing 138:24 discussion 68:14 97:18
98:2 135:5 discussions 15:5 disease 59:1 84:6 disfiguring 61:19 disintegrate 33:25 disorder 49:10 dispose 112:24 disposition 18:14 distilled 39:20 distinction 108:18 distributed 116:20 DISTRIBUTORS 1:11
2:11 District 1:1 2:1,23 6:7 ditch 116:16 135:16 Division 12:10 72:2
85:14 dock 66:17 doctor 71:5 doctor/physician 40:7 document 4:14,18 5:4,8
15:12,18,21,23 19:11 31:15,19 32:19 34:14 34:20 35:8,13,15 36:7 36:10 47:7,10 48:14 51:25 55:6 56:20,21 59:16,20 60:2,18 66:11 73:6 74:5 88:8 88:13 89:21,24 100:17 102:13 103:10 103:10,12 105:1,15 107:21 128:10 documents 8:19,20 32:12 36:12 74:7 81:9 104:4,21 124:16 127:2,16 DOE 1:10 2:10 doing 87:25 domestic 20:20 dosage 72:14 dosages 73:11 dose 92:14 93:14,20 94:10,17,23 95:6 doses 72:15 123:8 double 37:23 doubt 75:2 Dr 4:12,16,17,20,25 5:7 40:2,4 41:23 42:18 43:21 51:16 57:11 58:1,1,13,14 59:22 70:12 71:23 86:13,19 87:13,14 112:12 114:24 122:5,7,8
129:5,6,9,10 137:24 137:25 138:15 draft 38:23 drainage 116:16,19 draw 42:5,16 101:8 drawing 60:20 62:5,5 72:4 122:25 dropping 95:20 Drug 85:15 87:15 dry 55:25 Dryer 1:20 6:9 DSW228385 130:1 DSW228387 131:25 duly 144:7 dumps 18:22 duties 11:24 12:14 13:5 14:2,23 DV-2004-55 1:7 2:7 6:6 146:5 147:8 D.C 85:15 D.V.N 4:15 5:3 51:12 51:13
E
e 3:6,7,14 38:23 44:5 59:20
earlier 13:5 59:25 138:24 141:17
early 46:18 52:23 107:9 124:9 142:13
easier 91:18 east 16:17 easy 106:19 eaten 65:25 eating 66:2 edema 84:6,9,20 educated 28:7 effect 12:19 62:7,17
92:14 93:2,7,20 94:17 136:5 effective 72:15 effects 37:6 39:2 61:1 61:19,21 72:11 75:18 86:14 94:11 95:16 140:11 effort 105:14 132:11 eight 2:17 98:16 eight-hour 62:1 63:13 either 22:6 32:18 69:23 81:18 126:5 Electric 29:23 60:9 97:19 electrical 25:10 35:24 61:4 elevated 38:24 98:3 Elmer 43:16 71:22 73:16 129:13 em 87:1 embry 87:1 embryos 87:1 emphasis 65:13,15
emphasize 98:16 employed 28:16 employee 43:17 44:6
47:19 56:22 58:4 86:6,7 97:14 employees 30:9 46:17 50:3 57:3 64:20 66:2 66:6 70:20 98:12 employee's 42:25 employment 18:5,25 46:13 107:8 emulsion 46:7 47:1 Enclosed 147:11 Enclosures 147:22 engineering 97:19 111:11 England 44:7,15,21 45:8 107:2 enlarged 79:1 84:17,17 entail 13:4 14:22 entire 59:11 104:3,8 entirely 57:12 87:19 103:10 entities 8:9 110:1 entitled 49:4 83:13 entry 13:20 environment 12:19 28:3 29:4,9 31:24 33:7 35:2 47:17,18,19 108:7 112:25 120:14 124:6 132:12 environmental 5:8 12:9 12:15 13:10,24 14:9 14:13 28:17 77:16,22 85:7,9 87:8,9 124:8 124:13 134:23 137:19 138:14 139:16 environments 47:9 Epo 79:16,25 epoxy-resin 78:17 Eppenberger 2:19 3:14 147:4 equipment 25:15,22 26:2 35:24 69:8 74:17 eruption 38:19 escaped 35:2 especially 50:2 61:3 Esq 1:15 3:4,7,10,14,17 3:22 147:5,14 essential 53:6 establish 30:11 38:2 39:24 established 15:17 61:23 estimation 21:6 et 6:5,6 93:22 96:24 146:4,5 147:8,8 Europe 45:13 128:16 128:22 European 45:13 evaluating 20:25
event 117:1 eventually 87:7 89:5
90:19 115:19 evidence 54:25 evidenced 122:23 126:7 evolve 62:21 evolved 38:24 exactly 43:8 examination 4:3 6:16
50:2 66:3 144:10 examine 55:22 examined 2:16 144:9 example 25:25 26:4,7
61:24 121:18 examples 24:24,25 25:7 exchanged 89:12 excluding 27:18 excuse 28:20 30:6
71:12,16 79:12 83:2 137:24 141:12 exhibit 6:1 9:1,23 11:20 15:10,12 17:4,4 18:7 19:9,9,18,19 20:4,10 22:14,15,15,18 26:24 27:3 31:11 32:5 36:2 41:19 43:12 48:8 49:1,1,21 50:23 51:2 51:7,9,11 53:2 54:18 56:17,17 57:20 58:10 58:10,17 59:9,11,14 59:15,16 60:12 67:6 69:2,19,24 70:5,18 71:19,20 73:13,21 75:1,15 76:23,25 77:1 80:3,15 81:4,7,20,21 85:22 86:9 87:14 88:4,7 91:14,24,25 92:8 93:1 94:4 97:4,9 99:2,11,12,13 101:9 103:7 104:8,15,18,25 105:7,9 106:24,25 107:1,12,20 110:8,16 112:7 114:9,10,11 117:9,17,23 118:11 120:23 121:1,24 122:1,5,23 124:4,25 126:7 127:14 128:1,4 128:8,9 131:24 132:22,24 137:10 138:20 139:5 140:3 exhibited 72:13 exhibits 4:5 25:16 104:1 expect 113:12 experience 62:5 76:1 120:7 experiment 78:9 86:13 experimental 37:3 experiments 53:15 72:10 92:19 expert 75:22
expires 145:17 explain 9:13 123:17 exposed 23:18 39:14
47:20 50:3,4,4 61:4 63:13 75:25 100:24 120:13 exposing 26:15 exposure 14:5,24 37:4 46:20 49:17,25 50:17 53:11 54:11 59:2 61:2 66:21 70:21 95:4,15 98:15,17 126:22 expression 23:17 extensive 38:25 78:23 extra 64:15 E.S 5:6 114:19
I
face 66:1 facilities 44:14 facility 44:25 45:2 fact 50:8 83:20,22
114:14 factor 84:6,20 factors 120:10 fading 33:3 failed 81:6 fair 16:21,21 33:9 78:4
106:9 108:4 fairly 50:16 familiar 12:18 19:14,21
22:19 54:1 57:20 91:9 93:25 117:21 133:19 134:19 137:24 137:25 138:15 familiarity 15:18 family 50:14 far 14:22 17:5 21:25 27:17 55:15 57:12 62:8 66:8 92:18 107:7,15 113:17 138:19 farming 121:14 farthest 19:3 fashion 58:22 fat 78:19 fatty 140:19 favorable 75:3 faxed 82:7 FDA 85:19 90:4 feature 49:24 February 41:25 71:11 71:14 fed 78:8,16,22 83:10,20 83:22 84:3 86:15 federal 91:19 125:15 feeding 84:7,13 feel 8:1,4 99:6 felt 78:2 FELTON 1:3 2:3
TOWOLDMON0045939 WATER PCB-00036916
Page 5
Fergus 1:1 2:1,24 6:7 field 25:19 figure 20:21,24,24
138:5 figures 19:17 31:17 file 137:14,18 filed 147:15 filing 144:13 filters 62:25 fin 30:21 final 90:9 101:20 find 27:10 78:12 127:2
136:1 141:18 finding 54:11 142:2 findings 57:11 117:10
132:4 fine 7:9,20 37:24 47:24
76:13 90:1 140:4 finish 30:25 31:1 140:2 finished 23:25 30:22
38:7,9 41:21 43:14 46:22 58:11 65:17 74:9 fire 106:20 first 9:1,24 17:10 27:24 27:25 36:18,25 37:2 45:17,21 48:13 50:3 53:2,3 54:8,19,19 55:4 57:8,9 58:20 59:6,21 65:5 73:21 77:24,25 85:1,3 92:8 94:9 95:5 102:14,24 103:15,16 107:24 111:19 130:9 135:9 135:10,11 fish 1:10 2:10 115:4 117:2,11,11,12,14,21 117:24 118:25 119:1 120:12,15,21 121:11 121:12,13,13,14 122:10,23 123:1,5,6 123:11,19 125:2,14 125:17 126:2,5,6,22 127:12 131:6,9,12,12 131:18 132:13,17 134:6,8 136:9,10,16 141:18 142:7,19 Fisheries 121:17 126:9 fishes 135:12,19 136:1 fit 41:14 fixed 130:12 flames 26:19 flaw 9:5 flexible 106:20 Flick 82:21 83:2 floor 79:16 80:1 98:11 floors 108:12 111:6 flow 116:25 fluid 69:7 74:18,22 113:5 fluids 24:23 25:8,14
75:24 113:12 focus 20:5 follow 91:22 105:8
133:24 followed 23:10 following 10:21 12:7
64:15 65:9,21 93:13 141:13 146:7 follows 84:15 101:23 113:10 food 65:24 85:14 87:15 132:11 footnote 79:14 83:15 force 19:13,14 88:19,24 89:4,4,15,17 90:8 93:8 foregoing 145:4 forenoon 2:18 forgotten 21:14 form 15:16 17:18 21:17 26:12 32:6 33:13 34:10 35:4 47:2,6 49:10 50:12 52:2 56:12 66:9 67:24 68:5,9,21 73:4 75:21 76:7 78:6 83:11 90:11 93:5 97:21 98:20 99:17,25 100:15 102:12 104:3 108:16,23 113:20 115:22 120:2,16 121:3 123:13 124:14 125:5 127:4 136:19 141:10,22 formation 84:9 formed 88:25 formulation 111:18 forwarded 144:12 found 27:12 38:14 55:18 78:19 116:1 117:14 119:20 136:9 foundation 15:19 32:8 35:7,13 66:10 73:5 74:4,7 75:21 76:8 78:7 83:12 97:22 99:18 102:13 104:21 113:21 115:23 120:3 123:14 142:17,20 four 7:4 8:3 78:24 95:4 fourth 60:13 86:17 113:9 fractions 78:16 frame 17:3,14 21:5 28:23 34:19 141:8 142:13,25 frank 98:13 fre26:8 free 99:7 french 26:8 fries 26:8 front 53:2
fry 141:2 full 21:25 22:2 27:14
54:19 81:20 fumes 42:23 61:5 63:1 function 26:22 74:18 functional 24:23 25:8 fundamental 23:14 further 53:4 71:5
115:25 future 54:8 F-9 73:23,24 74:12 75:8
G
gained 18:5,25 garage 76:2 GARLINGTON 3:22 garments 38:25 Garrett 5:5 112:10,11
113:9 gas 26:19 gastric 61:6 gather 90:8 GC/Mass 118:12 general 10:4 11:6 22:11
24:18,20 29:23 51:25 52:1,3 59:14 60:9 75:11 106:1,17 109:1 115:17 121:20 124:25 generally 22:3 24:15 74:13 101:14,17 generation 28:8 gentleman 82:21,21,22 82:25 gentlemen 77:13 78:2 Georgia 116:2 getting 25:12 66:17 give 24:24 25:5,7,25 61:12,15 107:16 given 7:25 36:10 56:13 64:15,20 66:3 67:17 98:24 101:18 124:2 127:13,15 131:20 134:22 141:16 147:12 gives 59:1 gloves 64:16 glucose 84:12 go 9:17 15:11 17:5 19:8 19:9 22:14 26:24 27:8,21 30:14 31:11 33:15,15 41:18 43:12 45:17 46:4 48:8 51:6 54:6,17 55:5 56:16 58:9 59:9 60:11 62:13 63:15,17 66:12 67:5 69:2,18 71:19 73:13 75:14 79:13 80:3,14 81:2 85:22 87:22 88:4 89:25 91:13 92:8 97:4 99:2 101:9 103:1 104:7,15 104:25 106:24 107:11
108:9 110:2,8 112:7 113:8 114:9 117:20 118:16,17,20,25 120:23,24 121:24 128:1,4,7 130:3,22 131:23,24 132:22 135:2,25 137:10,23 138:20 goes 28:9 50:15 53:9 75:1 101:24 109:4 111:1 132:12 135:18 141:1 goggles 64:16 going 6:25 7:3 8:19 30:12 32:2,19 33:20 33:21 34:2,4,5,8 35:17 36:25 38:12 44:9 47:22 53:3 54:18 59:10 63:17 65:20 72:6 78:15 80:11,11 86:23 88:9 91:6 94:3 98:6 103:8 103:14 104:1,8,23 107:4 113:25 118:14 118:23 121:6 123:4 130:5 132:6 135:4 good 8:6 67:9 76:3,6,10 93:6 98:23 gover 126:4 governed 54:10 55:25 government 63:9 85:19 87:16 89:7 121:12 125:15 126:10 governmental 89:13 110:5 126:5 government's 90:14 governor 126:4 graph 67:19 great 45:12 51:15,18 56:22 57:1 59:2 99:14 102:7 129:19 129:22 greater 118:18 greatest 132:14,18 greatly 55:24 Gross 78:25 grossly 86:23 102:13 ground 30:12 group 23:20 24:9,22 29:13,17 30:17,23 63:10 89:12 growth 84:7 95:8 126:22 guess 28:7 132:24 guided 30:13 guideline 63:14 guinea 93:2 94:10,25 95:8 Gulch 3:18 Gunning 133:19,21 136:7
Gunning's 136:24 guns 101:3 102:20
II
habit 30:24 half 132:3 halfway 63:18 76:20 han 31:20 hand 33:22 34:15 48:15
64:17 113:13 140:11 handed 8:18 handle 16:1 17:3 31:20 handling 73:23 75:7 hands 66:1 handwriting 48:14,21
70:7 happen 58:25 hard 34:3 44:24 120:4 Hardy 4:15 5:3 51:12
51:13 99:12 Haredos 98:9 harmful 61:1 100:22 HARRY 1:3 2:3 hat 64:11 hatched 86:25 hatcheries 126:6
142:19 hatchery 121:12,13,13
141:2,4,18,19 142:5,7 142:13 HAUGEN 1:3 2:3 hazardous 56:1 hazards 60:22 98:3 Head 58:6,13 70:12 heading22:20,22 95:3 107:12 110:20 132:4 135:5 140:10,14 heads 49:11 Health 14:16 hear 6:21 77:11 104:1 heard 50:22 53:21 77:7 77:18 79:25 85:3,6 88:23 105:24 heart 79:1 heat 25:21,21 26:2,3,4 26:6,10,19 70:21 102:20 heated 26:18,20 46:10 47:8 98:22 heating 26:9,22 47:10 held 14:19 30:7 Helena 3:19 help 25:12 126:14 hema 84:12 hemoglobin 84:12 hemorrhage 79:2 hemorrhagic 84:17 hereinbefore 144:6 hereunto 144:14 herewith 144:12 hesitate 10:12 65:2
TOWOLDMON0045940 WATER PCB-00036917
Page 6
75:23 147:16 high 21:21 37:4 47:16
47:18 78:23 100:22 100:24 120:1,4 135:13 higher 41:2,3,6,9,10 72:13 73:11 highest 41:11,15,15 135:19 136:3 highly 47:8 61:5 111:3 highway 25:2 109:7,9 109:11 highways 109:15 hired 134:1 histological 96:9 history 59:1 hold 48:20 74:2,2 96:11 HON 1:8 2:8 hope 97:11 99:10,10 hopefully 28:8 118:23 hospital 71:4 hospitalized 71:4 hot 26:15,21 56:5,5 61:5 68:1,17,22,23 69:1 98:11 101:7 102:8 hour 7:9 47:23 98:16 hours 2:17 7:4 8:3 53:12 131:6,10,13 house 68:15,18 Hoven 3:17,17 69:22 79:11 80:18,24 Huh 38:8 127:24 human 132:13,17 hundreds 124:16 Hunt 4:25 5:7 85:25 86:18 87:14 122:5 hurt 33:19 Husch 2:19 3:14 147:4 hydraulic 25:14 74:17 74:22,23 113:5 hydraulically 69:7 hydrocarbon 50:13 84:7 hydrocarbons 50:10,10 hydropericardia 86:25 hydropericardium 78:17,25 hydroperitoneum 79:1 hygiene 14:5 62:18 hygienist 112:11 hygienists 61:22 hygienist's 62:7 63:11 H-a-r-e-d-o-s 98:10 h-e-m-a-t-o-c-r-i-t 84:13 H.K 56:23
I
id 58:2 idea 51:5 64:7
identical 13:18 identification 6:2 identified 38:1 41:23
58:2 59:25 122:5 identifies 89:17 identify 22:17 42:7
43:15 51:10 53:19 56:19 59:14 112:9 identifying 50:24 ill 78:3 79:16 Illinois 10:16,17 11:21 illness 83:9 implication 99:19 implying 73:9 important 75:16 107:12 138:5 imported 17:24 imports 17:25 27:18 impress 33:17 34:1 impression 96:2 101:13 101:17 improve 27:15 106:13 inappropriate 87:20 incidence 84:16 incidences 66:21 incident 50:22 Incidentally 104:11 include 17:23 46:1 67:2 81:6 105:14 125:13 included 29:15 57:12 78:25 126:13 127:22 including 81:7 incomprehensible 33:14 increased 96:4 independent 18:24 INDEX 4:1 indicate 18:13,17,21 94:11 99:13 102:5 103:13 117:10 135:11 indicated 22:20 32:4 45:22 46:6 53:10 87:13 93:15 94:17,23 134:21 146:7 indicates 9:24 11:1 12:8 13:1 17:5 18:13 20:10 34:18 50:16 93:21 96:23 102:9 107:1 108:10 130:18 135:10 indicating 137:13 indication 32:11 individual 29:20 58:25 70:25 INDIVIDUALLY 1:5 2:5 individuals 29:24 indoor 51:22 52:8,12 52:14 56:11 67:21,25 68:2,15,15 99:16 100:12 101:6,7 107:4
industrial 12:25 14:5,9 61:22 62:7,18 63:10 68:8,18 103:17 112:11 122:12,14 126:21
industry 121:2,4,9,20 125:4,6 131:21
inf 137:18 information 18:9 19:10
19:19 23:11 30:19 42:24 55:3,19 56:6 71:6 72:9 89:10,10,13 90:8 92:3 100:1,5 107:16 112:23 115:25 118:19 120:25 124:1 124:13,23 125:2,3 126:12 127:13,13 129:21 131:17 134:21 135:5 136:13,14,23 ingestion 37:5 72:15 ingredient 25:1,13 35:1 111:19,24 ingredients 74:23 inhaled 72:12 inhales 103:22 initially 101:3 138:7 injury 53:14 72:13,14 96:4 innocuous 50:17 inside 25:10 26:5 inspired 61:18 instance25:3,4 34:25 106:6 126:1 127:9 142:10 Institute 30:2,4,15 101:20 Instructions 65:25 insulating 25:9 intend 104:5 intent 30:23 33:16 inter 19:12 88:17 interacted 89:10 interdepartment 19:12 interdepartmental 19:12 88:18,24,24 89:12 interest 89:7 interested 117:1 Interior 125:15 Intermediates 13:14 intermittent 50:16 internal 79:2 internally 25:11 interpret 93:17 introduced 28:3 29:4,9 31:24 33:7 47:17 introduction 91:21 invited 73:10 involved 8:10 12:17 16:9 30:9 37:4 50:20 51:11 73:10 89:9,15
91:20 98:22 115:1 126:5 128:23 136:15 involves 26:14 issue 15:4 23:12 90:20 issued 66:1 90:9 92:5 issues 31:8 item 107:24 108:10 items 9:17 ITF 88:17 91:7
J
J 1:3 2:3 3:17 Jack 112:10 January 4:23 77:2 jaundice 71:2 Jensen 5:11 138:5,23 Jensen's 137:24,25
138:15 job 12:14 13:16,23 14:2
14:23 103:17 JOHN 1:10 2:10 joined 129:17 journal 139:8 judge 54:15 Judicial 1:1 2:1,23 6:7 July 144:15 147:3 June 1:16 2:16 6:8
133:16 147:12 juries 59:2 jury 103:25 104:13
105:12 J.T 133:3 J.W 51:16 56:19 58:14
K
KALECZYC 3:17 Kattering 53:11 keep 25:12 28:1,22
29:7 80:11,25 keeps 26:7 Keller 129:5,9,10 Kelly 4:12,16,17,20
40:2,4 41:23 42:18 43:21 57:11 58:1,1,13 70 12 7L23 112-12 122:8 129:6 Kelly's 59:22 kept 13:5 65:23 Kettering 53:19,21 54:2 57:9,11,18 102:11 keyword 102:14 kidney 84:17 98:14 kidneys 54:13 79:1,3 kill 123:9 killed 98:14 kind 11:3,5 25:1 68:19 68:25 99:15 108:20 109-17 121 8 126-7 127:3 134:20 136:14 136:23
kinds 30:16 87:6 124:22 126:21
knew 40:15 47:4,13 125:22
know 7:16,17 8:6,11,15 9:16,21 11:5 17:19 19:7 21:8,13 30:13 31:1 32:15 34:20 40:3,12 43:8,25 44:5 44:13,14,19 45:7,22 46:15 47:13 48:20,22 48:24 51:12,17 53:24 53:25 56:25 58:22 63:22 66:7,12,14 67:13 68:16 69:15,16 70:15 73:3,25 74:16 74:20 75:12 76:9 80:23 81:17 82:8 85:25 87:19 88:14 89:3,14,19 90:18 92:22,22 95:21 96:18 97:10 102:25,25 104:11 107:7 109:24 110:6 111:23 112:2 113:17 121:5 125:21 125:22 126:1,11 127:7,15 133:23 135:21,23 136:22 137:24 138:19
knowing 117:2 118:18 137:22
knowledge 18:4,24 19:2 27:20 108:17 109:21 121:1 131:20 137:1,2,8,9 144:8 145:5
known 11:11 35:23 90:8 92:2
knows 103:25 142:18 KRUEGER 1:8 2:8 Krummrich 10:5 11:20
22:11 64:4,19 KURT 1:8 2:8
L
la 9:6 labeled 66:19 labels 46:19 laboratory 53:11,20
54:2 57:9,11,18,19 78:8 102:11 113:12 122:11,15,22 lack 22:6 75:21 76:7 88:11 97:21 102:12 113:20 115:23 120:2 142:17 laid 74:6 104:21 landfill 35:3 landfills 18:22 lane 25:2 109:12,13 110:2
TOWOLDMON0045941 WATER PCB-00036918
Page 7
language 108:24 large 56:3 111:5 lasting 33:18 late 16:20,22 17:15
69:13 142:13 Latex 52:10 54:25
55:14 LAW 3:3,6,9 lawyers 15:13 laymen 111:10 lead 37:5 38:19 leading 15:17 17:18,19 leak 70:21 leave 65:15,15 left 19:4 34:14 39:19,20 left-hand 92:18 139:10 Legal 1:20,23 6:10 Leghorn 84:3 legs 86:14,20,22 lengthy 99:5 lesion 50:19 lethargic 136:1,11 letter 4:11,12,13,15,16
4:17,19,20,21,22,25 5:2,3,5,6,7,9 41:22 43:16 44:4 45:16,18 46:5 54:8 57:4 69:5 71:10,13 86:1,18 87:3 97:25 99:12 102:9 112:15,21 113:18 125:25 133:2 letterhead 133:24 let's 7:1 16:4 22:14 26:24 31:11 32:20 36:2 41:18 43:12 48:8 53:1 54:6 55:5 56:16 59:9 60:11 62:13,13 63:15 64:9 67:5 69:2,18 71:19 73:13 80:3,25 85:22 91:25 92:8 97:4 99:2 101:9 103:1 104:15 104:25 106:12 109:23 110:8 112:7 114:9 118:25 120:23 121:24 124:24 128:1,4,7 130:22 131:23,24 132:22 135:2,25 137:10,23 138:20 level 57:14 78:22,24 84:8,11,14 93:8,20 94:10 95:7,24 123:19 135:13 levels 72:14 84:13 123:17,22 131:10 136:3 Lewistown 3:5,8,11 li 117:11 life 113:13 limit 58:23 limited 72:7
limiting 27:16 limits 63:8,8,9,11 line 55:8 102:14 146:9
146:10,12,13,15,16 146:18,19,21,22 lipid 119:14,23 120:12 liquid 25:9 26:20,21 38:18 39:1,6,8,10,16 39:23 62:10 74:15 list 66:14 listing 9:6 79:24 literature 61:1,7 little 8:8 21:21 63:2 97:7 131:1 liv 94:18 live 28:2,22 29:3,8 31:23 32:2 33:6,9 lived 131:12 liver 42:23 54:13 59:1 61:7 71:1 79:1 93:9 93:15,21 94:11,18,24 96:4,4,4,10,23 98:14 140:19 livers 86:24 living 125:18,19 LLC 2:19 3:14 147:4 lo 115:9 loaded 102:16,18 locate 53:23 located 10:11,19 16:14 44:23 53:23 67:15 115:10 122:19 133:25 location 26:18,20 97:16 locker 64:14 LOCUST 1:23 LOHN 3:22 Lon 44:14 London 44:11 58:14 long 28:6 33:17,17,21 33:22 49:24 50:17 91:8 long-lasting 110:1 look 9:1 22:16 31:21 35:21 36:4 41:20 48:9 51:8 53:1 59:13 76:23 80:13 86:23 91:7,25 99:7 118:2 139:7 looked 127:2 141:17 looking 8:20 20:9 27:4 42:3 119:17 looks 22:18 91:9 108:20 134:19 lot 106:21 Louis 1:24 2:20 3:15 12:10 16:15 41:24 57:2 63:19,21 67:11 67:15,20 79:18 83:17 115:1 147:6 Louisiana 133:25 low 50:17
lower 19:4 27:4,6 139:10
lung 66:3 Lustrex 52:9 54:24
55:13,14 L.A4:11
_________ M_________
MACs 59:3 main 3:10 58:24 major 80:8 majority 34:18 making 23:3 72:8
104:19 man 56:25 77:3,3,4
133:18,19 manage 23:12 manager 11:1,14,25
12:6,8,9,15,24 13:8 13:12 14:15 21:12,23 28:16 62:6,14 65:1 77:10,11,16 85:7,8 87:8 116:5 124:6,7,8 124:13 133:12 134:22 139:16,16 manufacture 11:15 21:25 manufactured 18:14 24:18 39:22 83:22 manufacturing 10:4 15:8 16:25 44:21 46:17 47:20 79:18,21 79:24 115:10 marine 108:1,6 mark 1:20 6:9 91:6 marked 6:2 8:21 9:1 79:3 market 109:20 marketed 45:8,12 marketing 67:15 110:2 markings 109:7,10 marks 25:2 Marty 1:3 2:3 146:4 147:8 masonry 108:12,21 mass 141:1 material 17:23 26:6 39:14,18,19,21 47:17 47:20 65:14 103:19 105:19 116:1 materially 55:18 materials 8:14 27:16 41:16 106:3 Mather 4:18 44:5,6 59:20,22 matter 2:24 41:8 144:8 maximum 61:24 102:1 MCC 44:10,11 55:9,9 59:5,5 101:20 McCune 77:3 MCC's 58:21
McDonald's 26:8,14 MCL 44:10 mean 9:11,16 24:1 26:8
29:20 30:21 34:3 35:9,10,18 44:10 62:10 111:10 117:11 118:16 121:4,15 123:11 126:8 128:7 142:6 meaning 35:5 means 66:13 95:22 105:13 meant 28:24 63:23,24 137:7 measurements 55:16 measures 64:25 meat 132:13,17 mechanic 76:2 medical 58:6,13 59:23 66:3 70:12 86:4 129:14,15 137:13 meeting 22:25 23:10 30:7 127:25 128:2 mem 51:3 member 51:14 128:15 members 50:14 memo 53:4 114:14 122:7 133:15 memorize 20:19 memory 45:5 51:3 Men 64:15 mentally 8:1,2 mention 25:17 mentioned 18:6 53:20 107:25 132:10 144:6 met 7:24 metal 108:1 meter 53:13,17 54:12 55:2 57:15 62:2 method 101:4 mice 95:7 micrograms 53:13,16 54:12 55:1 57:15 Microscopic 79:2 microscopically 79:3 mid 67:12 middle 27:8 94:15 131:2 migration 55:25 mild 50:17 Miller 3:14 9:10 15:16 17:18 21:17 26:12 32:6,10 33:12 34:10 35:4,12 38:6,9,12 45:9 47:2,6,22 48:20 48:23 50:12 51:24 52:2,9,13,17 56:12 57:22 60:17 62:10 66:9 67:24 68:5,8,21 68:24 69:20,25 70:3 71:12 73:3 74:2,10
75:20 76:7,13 78:6 79:10 80:4,12,16 81:3 81:17,23 82:1,4,6,8 82:11,13 83:11 85:12 85:18 87:12,18,24 88:7,11,18,21 89:16 89:20,23 90:11,14 91:3,18 92:21 93:5,10 93:16 94:12,19 95:1 96:11 97:21 98:20 99:17,25 100:4,15 102:12,23 103:7 104:11,19 108:16,23 109:22 110:10,14 113:20 115:22 117:25 118:17 120:2,8,16 121:3,17 123:13 124:14 125:5,13,19 125:21 126:8,13 127:4,22,25 130:20 136:17,19 137:3 140:1,4 141:10,22 142:16 147:5,10 milligram 62:2 million 17:6,11 18:7,8 18:18 19:6 20:11,21 20:24 32:2,17 34:7,7 34:8 119:12,20,22 123:18,22,24 131:11 millions 18:22 21:15,19 mind 8:25 26:7 28:2,22 28:23 29:8 119:2 mines 75:4 minor 9:5 94:18,18 minute 15:21 23:13,14 31:12 36:3 41:19 43:13 44:9 48:9 52:19 59:13 70:2 80:4 106:25 137:3 minutes 7:11,12 65:22 mischaracterizes 103:11 mischaracterizing 47:7 miscopied 81:13 mislead 104:5 misleading 80:18,21 81:6 82:9 104:10 Missoula 3:24 Missouri 1:24 2:21 3:15 79:18 83:17 147:6 misspoke 71:18 misstates 100:16,16,17 102:13 mistake 81:24 mixture 60:10 moderately 78:22 moisture 111:4 moment 8:15 Mon 86:6 monitored 30:16
TOWOLDMON0045942 WATER PCB-00036919
Page 8
Monsa 44:11 Monsanto 1:9 2:9 4:14
5:4 6:5 9:24 11:3,15 11:25 12:16,18,24 13:7,13 14:9,16 15:7 15:15 16:2,5,8,24 17:16,20 18:6,25 20:7 21:6 23:11,12 24:16 24:18 27:11,14,18 28:16 29:12,15,22 30:8 31:5,19 34:14 36:11,16,20 40:9,10 43:17 44:6,11,12,14 44:20 45:7 46:14,17 47:19 51:14,21 52:3,7 52:21 55:9 56:10,10 56:22 57:3 58:4,7 59:7 63:10 67:17 79:22 83:17,22 85:9 86:7 97:14 99:13,14 102:6,7 105:4,10,20 107:2,2,8,22 112:5,13 115:10,15,21 116:9 117:1 122:21 124:6 126:3,20 127:17 129:1 133:3 134:1,3 134:25 135:12,12,14 136:8 137:13 139:17 146:4 147:8 Monsanto's 4:10 15:13 22:21 24:8 31:7 40:7 97:19 105:14 114:25 Montana 1:1,9 2:1,9,23 3:5,8,11,19,24 6:6,25 8:7 38:2,15 80:17 126:1,2 127:8,12 131:19,21 136:15,18 136:25 137:4,4,5,6,7 Montar 39:18 month 55:2 months 50:1 115:25 mortality 78:23 move 36:2 38:12 61:10 muscle 131:11,13 M-o-n-t-a-r 39:19
N
N 3:18 name 6:9,18,20 10:18
16:10,11 22:21 82:21 82:21,22 86:21 98:9 112:14 114:22 117:23 119:1 144:15 146:2 named 13:19 41:24 77:3,3,4 133:18,19 names 8:9 10:12 29:20 133:20 narration 38:14 narrow 131:19 Nason 56:24 National 30:2,3,15 72:1
75:2 natural 120:14,17 nature 19:22 59:14
84:19 nauseated 70:20 Navy 69:12,12 near 54:8 115:10,14 necessarily 98:16 necessary 64:18 need 7:16,19 51:8
61:12,15 82:2 99:5,8 118:3 120:24 142:23 needed 71:5 negative 53:16 negligible 50:9 negotiation 65:9 negro 71:3 never 7:24,24 21:9 53:21 56:10 85:6 105:24 132:19 new 55:2,19 56:6 57:12 71:7 100:1,5 newly 86:25 Nolan 101:21 nontoxic 45:23 non-industrial 52:17 non-PCB 120:19 normally 76:1 northeast 16:18 Nos 6:1 Notary 145:15 note 19:25 noted 93:8 94:17 95:15 96:3 117:20 notice 87:22 107:24 127:3 notified 126:4 notropis 119:5 November 4:24 73:18 82:20 nu 40:18 number 8:22 9:7 17:7 19:7 20:16 21:9,13 27:4 32:19,21,22 79:9 119:10 130:1 131:25 numbered 60:14,17 81:12 110:11 129:25 numbers 18:6,10 19:1 20:19 31:25 40:19 41:2 60:12 118:10,13 120:1 numeral 60:21,22 numerous 79:4 Nutrition 85:14,14 N-a-s-o-n 56:24 n/k/a 1:9 2:9 146:5 147:8
__________O
Oaas 1:15 3:3,4 4:3 6:17,20 7:13 9:12
15:20 17:19,22 21:20 26:16 32:9,18 33:20 34:12 35:9,16,17 38:16,17 45:11,15 47:3,12,24 48:5,25 50:15 52:1,5,11,16,19 52:23 56:14,16 57:25 60:19,20 62:11,12 67:1 68:2,7,10,25 69:2,24 70:1,6 71:13 73:8 74:8,9,11 75:23 76:11,19 78:10,15 79:12,13 80:9,14,20 80:25 81:5,8,13,16,21 81:24 82:3,5,7,10,12 82:16 83:14 85:22 87:19,25 88:2,9,17,20 88:23 89:19,22,25 90:13,15 91:5,6,22,25 93:7 96:13 97:24 98:23 99:20 100:1,5 101:1 102:17,25 103:8,25 104:14,15 104:17,25 108:20,24 109:23 110:4,12,17 113:24 114:6 116:3 118:2,20 120:6,11,19 121:6,10,19,22 123:16 124:18 125:8 125:16,20,22,24 126:11,16 127:6 128:1,4 130:22 136:22 137:5 140:2,5 140:6 141:12,23 142:21 147:14 oath 6:15 9:19 object 15:16 17:18 21:17 26:12 32:6 33:13 34:10 35:4,12 47:2,6 50:12 52:2 56:12 57:22 66:9 67:24 68:5,8,21 73:4 74:4 75:20 76:7 78:6 83:11 88:11 89:16 90:11 93:5 97:21 98:20,20 99:17,25 100:15 102:12 104:6 108:16,23 113:20 115:22 120:2,16 121:3 123:13 124:14 125:5 127:4 136:17 136:19 141:10,22 142:16 objection 81:1,4 88:10 96:12 103:8 104:18 120:8 observation 127:5 observed 61:22 78:18 84:15 obtain 42:24 obtained 56:2 79:17
83:16 135:19 occupational 14:16,25 occur 50:25 occurred 30:13 51:4,5 October 36:13,19
86:10 115:4 odd 81:11,23 offer 76:4 104:8 offered 104:2 offering 104:3 office 3:3,4,6,7,9 71:7 offices 2:19 Oh 7:8 15:9 36:22
40:12 91:9 119:4 138:2 oil 26:15,17 112:24 okay 6:21,23 7:6,9,13 7:20 8:6,18 9:4,12,13 9:18,23 10:2,11,14,18 10:21,25 11:3,7,10,13 11:23 12:5,20,23 13:8 13:12,21 14:1,6,8,12 14:15 15:7,7,10,20,23 16:1,10,14,19,19,24 17:2,10,13,22 18:12 18:17,21,24 19:3,8,16 19:24 20:9,20,23 21:2 21:11,23 22:8,14 23:3 23:7,13,25 24:3,6,11 24:15,24 25:7,21 26:16,24 27:7,13,21 28:12,15,19 29:3,3,7 29:14 30:1,10,21,24 31:14 32:21 33:4 35:16,25 36:2,6,9,15 37:14,17,21,24 38:5 38:12,22 39:6,22 40:1 40:15,17 41:5,11,14 41:22 42:5,14,14 43:7 43:12,15,25 44:4,8,18 44:23 45:1,6,15,15,21 46:4,13 47:21 48:8,12 48:19 49:4,9,13,20,20 50:7,15,22 51:6,16 52:23 53:1,19 54:1,6 54:17 55:5,12 56:8,14 56:19,23 57:4 58:9,12 58:16,19 59:9,19 60:2 60:6,11,16,25 61:10 62:13,15 63:4,21 64:6 64:9,22,24 65:4,7,12 65:17,19 67:5,19 68:2 68:13,25 69:4,9,18 70:1,11,18,25 71:10 71:21,25 72:4,18,23 73:1,13 74:24 75:1,6 75:10,14 77:10,21,25 78:15 79:7,25 80:3 81:14,24 82:16 83:6,8 83:14,25 85:6,22,25 86:6,9,17 87:11,23
88:1,6,18,21,23 89:3 91:5,11,16,17 92:7,21 93:1,7,13,19 94:3,8 95:3,13,20 96:13,16 96:22 97:4,7,10,13,17 97:24 98:2,6 99:2,4 99:20 100:10 101:1,5 102:17,19 105:3,7,12 105:21 106:24 107:11 107:20 108:4,9 109:9 109:20 110:4,8,14,20 111:1,9,16,24 112:7,9 112:13,21 113:2,5,8 114:17 115:3,13 116:3,4,12 117:1,5,8 117:20 118:5,14,20 118:23 119:9,14,17 119:25 120:11,14,22 121:24 122:1,4,10,14 122:25 123:8,16 124:1,5,9,12,18,21,24 125:12,20 127:1,17 128:10,13,16,18,21 128:25 129:9,12,18 129:24 130:4,5,6,8,11 130:15,18,24 132:2,6 132:20,22,24 133:2,6 133:15,22 134:20 135:18,25 136:13 137:12,17,23 138:3,8 138:12,17,22 139:1 139:13,19 140:2,5,13 140:18,22,24 141:1,7 141:15 142:9,12,21 143:2,3 older 36:12 once 7:9 open 62:21 operate 11:4 25:14 44:20 operated 69:8 operation 26:3 44:21 129:17 operations 13:24 14:9 57:1 64:19 77:22 85:9 87:9 137:19 138:14 operator 64:10 65:6 operator's 64:14 opinion 72:12 73:11 opposed 39:6 option 65:5 oral 37:5 92:9 order 55:1 84:16 ordinary 55:22 Organic 12:9 organs 79:2 original 147:14 originally 57:1 outbreak 49:24 outfall 135:12,14,15,16
TOWOLDMON0045943 WATER PCB-00036920
Page 9
overall 138:6 overheated 25:13 overnight 28:4,5 o'clock 2:17,18 O'Dell 77:4 82:22 83:2 0-124 105:5
P
P43:16 73:16 page 4:2 9:6 27:2,22,23
53:2 54:17 57:8 58:20 59:21 60:11,14 60:22 61:10 63:15,16 67:6,6 79:8,13 80:6 83:2,14 84:1 92:8 94:3 95:3 101:8,9,24 102:15,24 103:16 106:25 107:11 110:8 110:11,11,13,15,15 110:16,17,20,22 117:8,9,16,17 118:1,2 118:11 119:2 129:25 129:25 130:3,21 132:3 135:3 139:4,7 139:10 140:6,8,9 146:9,10,12,13,15,16 146:18,19,21,22 147:13 pages 59:12 81:12,15 81:23 88:8,12,13 paid 65:22 paint 1:10 2:10 3:21 25:1 35:1 38:1 54:25 56:1,3 78:3,17,21 79:15,16,25 80:1 99:16 100:14 103:23 103:24 106:7,9,14 109:10,12,13,17 111:17 141:4,18,20 142:14,19 painted 54:24 55:16 56:3 painting 109:14 paints 46:7,8,10 47:1,5 47:8 51:22 52:8,10,12 52:15,20 55:14,15,23 56:4,11 67:22,25 68:3 68:15,15,17 100:12 100:18 101:3,7 102:8 105:8,9 107:4,5 111:4 111:13 pancreas 84:16 Papageor 114:15 Papageorge 1:14 2:15 6:4,19,20 8:7 9:15 12:16 15:11,18 16:5 18:19 19:10,20 21:3 22:15 27:22 34:16 42:20 48:5 51:13 56:13 61:13 63:23 66:13 67:23 69:6
73:21 76:19 77:1 79:14 80:15 82:16 84:21 85:13 87:4,13 88:3 92:1,24 97:5 100:6 101:15 102:6 104:16 105:1 107:1 110:18 112:16 114:6 114:15 118:3 120:25 121:4 123:14 124:2 126:15 128:11 132:15 135:3 140:8 145:3,7 146:1 147:12 Papageorge's 66:11 74:5 142:18 147:12 paragraph 27:9,24,25 28:19,20 37:2 38:17 38:22 40:2 42:6,18 45:18 46:5 50:7 53:3 53:9 54:3,7,7,19 55:7 55:21 57:8 58:20 59:661:11 63:18 64:10 65:21 67:7,19 68:13 72:5 73:2,22 75:15 86:17 98:7,8 101:9,11 102:24 103:15,15,16 113:9 123:1,21 130:6,19 132:6 135:10,10,18 135:25 140:14 paragraphs 37:1 49:21 55:6 103:9 123:17 135:8 parentheses 53:12 71:2 71:3 79:16,17 84:2,3 101:19,21 111:18 123:5,6 Parks 1:10 2:10 126:2 127:12 Parlon 111:19,22 part 13:9 14:13 19:18 20:1,2 59:6 63:24,25 64:23 78:8 87:15 90:7 105:14 113:14 115:16 117:5 122:10 122:22 129:18 partially 84:5 particular 12:18 15:5 25:18 36:6 40:21 45:16 57:13 89:14 92:15,17 98:25 103:9 104:22 112:18 115:13 121:21 122:1 124:4 124:25 127:7,8,11,16 130:15,23 131:5,18 particularly 46:9 84:14 103:12,15 105:21 136:2 parties 144:5 parts 32:15,16 104:5 111:18 119:12,20,22 123:18,22,24 131:10
passages 103:13 104:22 passed 121:1 125:4
136:14,24 pasteurize 26:5 pasteurizing 26:6 Patholo 84:14 pathological 84:15 pathology 78:23,25 patient 71:3 Patuxet 90:4 Paul 42:8,11 Paulson 1:3 2:3 146:4
147:8 pay 59:2 PC 16:2 49:14 120:20 PCB 4:8,10 16:9 22:21
23:12,16,17 24:3 26:5 37:15 38:3 41:12 44:21 47:16 49:17 60:10 62:19 70:23 72:18,21,24 78:4 79:22 83:22 106:6,12 106:16 112:5 116:10 117:2 131:11 135:13 136:9 137:15 138:6 139:1 140:18 141:3 PCBs 8:14 11:11,15 12:21 13:10 14:13 15:2,5,8,15 16:2,6,8 16:25 17:6,17 18:14 20:7 21:6 22:1 24:17 24:25 27:19 28:2,23 29:4,8 30:9 31:21,23 32:3,15 33:1,7,17,23 34:18 35:23 37:12,13 37:18 43:4,5,7 45:7 46:2,18,18,21 50:11 50:13 51:21 52:8 56:11 67:3,18 68:4,17 69:9 73:9 74:15,24 83:10 89:1 90:9 92:3 92:18 99:15 100:12 103:24 106:8 107:3 108:11 109:16,21 110:5 111:13 112:24 113:6 115:2,17,20 116:4 117:10,14 118:8 119:12,20,22 120:1,15,21 128:24 131:13 132:10,14,18 137:18 138:18 141:17 141:20 142:14 PCTs 43:6 pebbles 33:18 pending 2:23 people 8:13 30:25 46:20 51:10 61:3 67:16 85:18 90:4 119:5 125:17 126:21 126:21 perceived 109:25
132:19 percent 40:20 50:19
78:22,24 93:21 123:9 percentage 93:3 performing 129:22 performs 26:22 pericardial 84:9 period 15:6 17:6 18:15
33:23 45:9,11 49:25 permissible 26:19
102:1,1 permits 101:21 person 41:23 42:7
129:8 personally 40:15 53:22 personnel 103:18 PERSONS 1:5 2:5 persuade 75:2 pertaining 89:1 Pharmacia 1:9 2:9
146:5 147:8 phone 42:24 phrase 35:11 66:6 physical 8:2 physically 8:2 physician 40:8 42:25
43:25 71:1,1 pick 62:20 picked 13:6 14:4 62:22 picture 33:3 141:3 pig 94:25 pigs 93:2 94:10 95:8 pimples 49:11 Pine 3:23 pipes 56:6 place 11:15 100:8
144:6 placed 6:14 64:14 PLAINTIFFS 1:7,15
2:7 3:2 plan 104:3 plant 10:5,11,19 11:1,3
11:6,19,20,21,25 12:1 12:6,8 16:17 21:12,24 22:11 49:5 62:6,14,15 62:18 63:12,21 64:1,2 64:4,4,25 65:15 66:17 66:19 77:11 98:10 103:17,18 115:10,15 115:21 116:5,5 117:3 124:7 133:3,6,10,11 133:12 134:9,10 plants 16:17 44:16 plasticised 54:24 plasticiser 24:22,25 52:21 78:21 plasticisers 46:7 47:1 51:22 52:8 55:13 56:11 105:22,25 plasticized 107:14 Plaza 2:20 3:15 147:5
please 6:12,18 15:11 22:15,17 26:1 27:3 36:4 41:20 43:13 48:9,10 49:9 51:7 58:10 59:10 76:24 88:4,6 97:4 99:2,6 104:16 112:9 114:9 130:9 147:12,16
pliability 25:5 plural 46:1 Ply 64:17 Pneumatic 112:14 point 27:9 31:9 32:22
51:20 52:5,7 62:7,18 63:2 81:10,19 89:8 91:19 119:2 poisons 140:19 policy 53:6 Polychlorinated 24:4 41:7 pools 109:5 111:6 poor 63:7 95:8 portion 38:13 70:9 81:8 118:19 portions 81:5,7 103:12 position 10:21 12:2,6 12:12,20 13:4,17,18 14:19,22 32:14 53:5 55:22 58:21 67:12 positions 23:21 positive 53:14 poss 121:16 possibility 42:19,22 possible 7:22 56:1 80:6 121:16 125:10 Post 3:4,7 potency 84:19 potentially 50:4 Poultry 4:23,24 77:2 82:20 pound 34:8 pounds 17:6,11 18:8,9 18:22 19:6 20:12 21:6,16,19 32:3 34:7 34:8,8 ppm 84:4,11,14 131:11 131:13,14 practical 84:4 practice 142:18 practiced 100:9 precisely 58:23 predict 7:8 predominant 24:20 prefer 81:9 119:6 prelim 7:1 preliminary 7:2 prerogative 81:10 presence 50:8 74:17 115:17 present 53:5 118:9 presentation 4:10 23:4
TOWOLDMON0045944 WATER PCB-00036921
Page 10
23:8 31:6,22 presented 22:24 55:8 PRESIDENT 1:4 2:4 pressure 25:14 101:19 presume 44:10 presumes 52:13 pretty 120:9 142:22 prevail 55:2 prevent 39:1 previous 13:18 57:20
122:5 previously 14:3 58:2
64:5 primarily 14:24 15:4
35:24 printed 70:8 printing 144:11 prior 105:7 private 121:13 126:6 privy 137:17 probably 42:9 55:24
137:14 problem 49:12 132:14
132:18 procedure 118:22 procedures 115:2 proceeding 130:20 process 9:14 60:3 processed 62:23 produce 54:12 102:10 produced 2:16 11:8,10
12:18 13:6 16:3 23:18 34:19 35:15 45:8 66:18 84:5 86:21 106:4 123:8 producer 17:17,21 27:11,15,18 producers 45:14 producing 20:7 21:7 45:2 46:18 61:19 product 12:24 13:8,13 25:17 78:20 80:7 85:8 107:17 production 4:8 15:15 16:9 17:8,11 18:7 19:17 20:11 21:10 22:4 31:16 60:3 products 11:8,10 12:18 13:6,6 25:18 47:16 61:24 67:17 105:6 106:4 107:18 111:2 program 4:10 5:8 22:21 23:10 53:8 Project 101:20 prolonged 37:3 53:11 54:11 pronounce 42:9 67:8 115:7 pronounced 84:10 94:24 pronouncing 41:25
49:6 98:9 pronunciation 49:8 proper 41:5 61:23
112:23 properly 23:12 66:19
66:19 property 8:13 proportion 84:8 proposal 53:7 propose 53:5 proposed 30:18 protection 38:24 protective 107:13,25
108:5,11 provided 63:1 64:10,17
65:10,11 91:1 126:9 providing 90:25 public 126:6 145:15 published 77:2,12
82:20 93:16,23 94:1 94:19 95:9 138:18 139:8 141:11 purchased 36:16,21 105:20 purpose 23:7 89:5 90:7 110:6 128:21 purposes 90:17 104:6
121:12 pursuant 144:4 put 32:25 35:3 48:23 PVA 55:15 Pydraul 25:17 35:1
69:5,6,7,13 73:23,24 73:24 74:11,19 75:7,8 113:3,5 Pydrauls 75:3,16 Pyranol 60:6,7 Pyranols 60:3 P.C 3:17 p.m 114:2,5 143:5 P.O 3:18,23
Q
qualified 76:9 quality 106:13 quantities 111:5 quarters 19:5,5 question 21:2 32:7,20
33:4,13,15 34:13 35:18 38:13 46:24 52:4 56:15 72:6 77:22 99:6 100:2,4,16 115:23 116:3 124:15 125:25 126:15,17 127:5 131:19 142:22 questions 6:24 27:24 28:21 48:12 59:12 71:21 73:20 84:24 87:21 94:8 103:8 135:9 136:20 147:16 quickie 7:19
quite 32:14 90:6 99:4 quote 64:17,17 132:17
132:18 137:14
R
R 3:9,10,22 rabbits 94:23 95:7 raceway 142:7 raceways 142:5,15 radiators 56:5 rainbow 131:7 raising 121:11 125:17
126:5 136:15 Ranch 1:5 2:5 6:5 range 57:14 ranging 131:10 Rankin 1:23 6:10 rare 49:18 rat 94:25 96:5,10 rate 54:9 55:23,25 rated 63:22 64:2,7 ratio 106:16 ration 84:4 rats 93:14,19 94:16
95:7 RAY 1:3 2:3 reaching 75:22 read 23:1 27:25 28:10
36:5,25 37:6 38:20 43:1 45:23 46:11 48:11 50:5,20 51:9 53:3,17 54:18 56:18 57:9,16 59:3,10 61:8 62:2 65:20 66:4 69:3 70:5,8 71:7,20 72:6 72:16 73:14 76:4,25 78:11,15 79:4 81:5,8 82:15 83:25 84:20 85:24 87:1 88:22 93:10 95:11 96:13 97:8,9 98:18 99:3 101:12,12 102:2,24 104:22 108:2 111:7 112:8,21 113:15 114:10 121:25 123:4 123:15,19,24 130:8 130:10 131:14 132:3 132:5,23 137:11 138:17 141:7 146:9 146:10,12,13,15,16 146:18,19,21,22 reading 12:10 16:11 35:19 41:21 43:14 50:23 58:11 67:6 78:1 79:9 80:9 90:22 95:12 97:1 99:11 101:14 111:10,10 113:10 139:19,22 146:7 reads 27:14 38:18,22 46:5 50:7 55:7,21
58:21 60:25 67:19 73:22 80:6 103:16 123:21 140:18 ready 48:5 76:21 114:7 real 48:16 realize 81:18 really 9:21 14:25 21:9 26:3 60:13 67:16 116:16,18 120:10 reason 55:17 60:14 100:11 146:9,11,12 146:14,15,17,18,20 146:21,23 reasonable 20:24 reasonably 18:10 19:1 20:16 reasons 22:4,7 recall 16:10 17:20 19:22 23:3,7 29:10,12 29:19 30:6,8 36:15,19 41:13 51:3 60:9 90:22,25 97:1,15 115:13 122:3 127:15 128:13 129:4 130:15 139:19,22 received 15:13 57:10 receiving 66:16 recipe 74:22 recognition 50:1 recognize 59:19 79:21 105:1 recognized 49:25 recollection 89:21 91:4 recommend 46:7 51:21 52:7 56:10 75:24 99:15 100:11 107:4 recommendation 52:14 55:12 63:11 101:6 recommendations 107:3 recommended 102:11 108:21 recommending 52:4 108:11 109:16 111:13 record 8:1 23:15 28:1 31:18 37:1 38:2 47:25 48:3 53:4 65:23 72:7 76:14,17 78:16 80:22 81:1,5,8 84:1 88:7 103:1,2,5 114:1,4 123:4 143:4 redirect 82:6 redo 110:3 reduce 22:4 reduced 55:18,24 144:10 refer 43:7 59:6 79:8 80:5 99:5 103:14 130:5 135:4 reference 16:4 17:4 28:19,20 40:17 43:4
45:15 57:8 59:5 79:14 92:3,17,21 96:12 101:5,13,17 103:13 132:6 137:14 137:18 139:9 referenced 46:15 47:14 66:7 141:19 references 15:14 44:10 61:1,7 69:5 137:12 referred 8:14 11:19 12:3 13:5 14:5 24:21 24:23 54:2 57:19 105:4 110:15 135:16 referring 29:5,11,11 33:8 40:3 45:10,16 51:24 52:9,11 59:21 60:12,23 61:11,13 67:23 68:15 86:19 92:23 103:7 106:1 113:2 117:9,25 119:7 125:9 135:23 142:6 refers 35:6 47:11 68:13 reflected 95:17 reflects 13:22 46:25 refused 69:13 regard 84:24 127:3,18 regarding 46:20 123:1 123:5 regards 55:14 regime 41:15 registered 24:8 rehash 116:8 relate 72:11 related 46:16 109:15 126:22 relating 13:10 15:5 47:7 103:9 relationship 136:5 Relationships 84:18 relative 84:19 release 100:22 released 66:24 relects 46:24 relevant 81:6 Reliance 97:19 remain 61:20 Remaining 131:12 remember 8:8 10:16 15:25 16:16 17:1 23:21 29:23 36:8 51:14 52:20 59:18 70:16,17 75:9,13 79:23 87:5 90:1,2,3,5 90:21 92:25 95:12 110:7 112:17,18 115:16,24 124:3,19 129:16 remove 62:23 reorganized 13:19 repair 22:6 repairing 76:2
TOWOLDMON0045945 WATER PCB-00036922
Page 11
repeat 29:6 126:17 repeated 37:5 38:18 repeatedly 61:16,21 rephrase 68:11 report 19:13,16 20:3
86:12 88:19 89:1,17 90:10,20,23 91:1,3,7 91:14 92:4 93:9,16 94:12,19 95:8,11,15 95:17 96:10,23 101:20,24 118:8,8 130:11 132:9,16 134:18 135:3 reported 1:19 83:21 95:1 96:5 112:12 146:6 reporter 1:19 2:22 6:10 6:12 144:4 reporting 1:23 83:9 86:4 113:9 115:3 136:8 reports 12:6 19:22 53:10 54:2 86:18 130:11 134:13,16 represent 36:9 representative 129:16 represented 29:24 represents 40:21 72:14 required 12:17 26:4 requires 74:17 research 44:25 72:1 85:14 101:20 114:25 researcher 87:14 researchers 85:13 reserved 144:11 residential 108:14 residue 136:3 residues 135:13 resins 105:22,25 resistant 106:20 111:2 111:3 respect 62:19 75:21 81:3 84:24 92:13,14 93:2,14 104:20 142:17 Respectfully 147:18 respects 19:14 respirator 103:21 respirators 62:25 respond 66:13 99:6 104:9 136:21 responding 23:11 responses 74:5 responsibilities 11:24 12:15 14:2,23 result 50:2 66:21 72:15 105:17 110:1 131:3 resulting 61:2 103:23 results 53:16 125:2 126:6 130:23 131:3,5 131:9,17 136:23
resume 11:1 12:8 13:1 retirement 14:20 return 147:13 returned 26:22 review 15:21 43:13
88:6 147:12 re-heated 26:23 Rich 70:14 Richard 70:14,16 rid 34:1 right 7:18,22,24 8:6 9:9
9:12 11:23 12:7 15:1 15:10 16:24 17:22 18:3,4 19:8 22:10 27:21 29:17 31:2,3,4 31:11 32:24 34:12 36:2,25 37:20 38:16 40:1,6,13,25 41:18 42:16 43:12 44:13 45:4 47:23 48:14 51:6,19 53:1 55:5 58:9 60:8,11,19 63:15 64:9 69:18 70:3 71:19 73:15 74:9,19 76:11,19,23 80:22 83:3 85:20 88:20 90:22 99:8 100:10 102:22 104:7,14 109:4 110:4 111:16 111:17 112:7 114:9 114:11 119:3,4 120:17,23 124:24 126:23 127:1 131:7 131:23 132:25 133:15 134:12 135:2 137:10 139:25 140:10 142:23 right-hand 27:5,6 60:13 ring 24:13 Roam 116:2 ROBINSON 1:4 2:4 3:22 Roman 60:21,22 room 54:24 56:2 62:9 rooms 55:17 row 32:5 34:13 Ruabon 44:7,25 rubber 64:12 105:6,22 105:25 106:4,7,9,14 106:16,22,22 107:5 111:3,5 141:18,20 rule 80:16,18 rules 30:12 run 125:14 running 21:25
S
S 1:15 3:3,4 147:14 sac 84:9 safe 73:23 75:7 101:18
102:11 109:25
safety 26:21 64:20,24 sake 32:20 sales 17:5 18:8 20:20
22:7 salmon 141:2 sample 119:11 samples 118:9 134:3,5
134:7 saturated 101:22,25
102:15 Sauget 10:16,18 11:21 Savage 77:3 saving 86:24 saw 124:17 saying 127:17 says 18:18 22:24 28:1
28:21 29:7 37:2 40:2 49:23 53:4 57:10 65:21 75:15,19 79:16 83:15 84:1 89:21,24 92:8 93:2 94:4 98:8 107:6,12 109:9 117:18 132:9 135:25 scanned 15:22 22:18 59:15 128:9 138:21 schedule 123:7 Science 4:23,24 77:2 82:20 scientist 138:9 Scott 114:24 screening 72:8 scrubbing 62:23 sealed 66:19 sec 42:17 45:17 second 9:6 17:7 27:9 38:17 41:15 42:6,17 45:18 53:9 54:3 57:8 61:11 72:5 74:3 83:2 95:13 98:7,7 103:1 107:11 110:16 111:24 113:25 117:8,9,16,17 139:4 140:14 sections 135:20 sediment 18:19 32:4,14 see 8:23 17:7,9,10 18:19 20:13,14 22:16 22:25 31:22 34:15,17 35:21 36:11 37:1 42:19,19 45:23 54:21 55:17 57:15 59:13 60:23 61:13,22 63:20 75:4 79:18 81:24 82:23 83:14,19 87:7 91:14 92:7,10,11,16 93:23 94:6,13,20 95:2 95:9,17 96:6,24 101:14 102:2,2 108:18 111:19 112:2 117:22 119:1,7,9 123:2 130:7 131:1,4 135:5 136:5 137:15
139:4,9 140:7,10,15 141:4 seeing 59:18 79:23 142:2 seen 15:23 19:19 31:15 36:6 44:10 48:25 49:1 55:4 59:16 71:2 75:6 77:4,24,25 82:17 85:1 86:22 87:3 91:10 114:11 122:1 127:7 128:10 134:18 selected 104:22 selective 103:9 self-evident 120:20 self-imposed 63:9 self-serving 30:17 send 125:24,25 sense 106:3 121:16 125:10 sent 26:20 51:16 62:22 sentence 27:10,13 29:5 42:6,17,20 45:17,21 54:8,19 57:10 131:2 132:15 140:15 sentences 98:7 separate 66:16 separating 44:24 September 22:25 23:4 45:19 57:5 67:20 97:25 sequentially 8:22 series 72:9 101:23 serious 61:19 66:22 service 19:4,6 34:15,21 34:24 35:5,11,19,22 35:23 session 76:20 set 15:10 63:9 64:11,16 67:17 121:21 sets 30:15 settlement 65:9 seven 49:4 50:1,4 53:12 131:6,9 severe 93:21 shared 31:8 105:15 SHEET 146:3 shift 64:15 65:23 shifts 64:15 Shiner 117:22 119:1 Shiners 119:6,21,23 shipped 46:19 66:18,20 shoes 64:13,13 short 48:2 76:16 86:22 103:4 114:3 shortcut 99:10 shorthand 144:10 show 77:17,18 91:3 96:11 118:8 showed 50:9 79:3 131:6 131:9 141:2 shower 65:11
showing 88:12 shows 37:3 117:16
118:11 sic 18:7 42:22 71:11
104:7 sick 136:1,11 Sido 4:19 signature 144:11
146:24 147:13 signed 51:13 147:14,15 significance 24:6 37:11
40:18 43:3 49:13,16 49:19 signs 53:14 84:5 similar 47:19 49:10 53:15 78:18 86:20 SIMILARLY 1:6 2:6 simulated 84:5 single 98:15 sir 6:18 13:4 14:23 23:1 29:19 31:12 35:10,18 36:3 37:7 41:19 43:1 45:19 49:1 54:18 58:10 59:17 74:12 99:4 114:8,13 143:2 sit 99:21,23 SITUATED 1:6 2:6 situation 27:15 116:9 127:8 137:15 situations 14:7 66:24 six 2:18 sixth 108:10 skin 38:19 49:10,12 61:21 75:17,25 94:18 slight 53:14 slipped 86:21 small 61:4 84:17 Snow 116:15,17,20 135:17 socks 64:12 soil 18:18 32:3,4,13 sold 17:6 33:23 34:19 39:23 68:3 83:16 110:5 sole 17:17,20 27:11,14 27:18 solely 52:10 solid 39:7,11,16 somebody 29:12 41:24 77:18 98:14 somewhat 134:19 Soren 137:25 138:5,23 138:23 sorry 9:11 29:6 36:18 39:8 99:22 140:23 sort 30:11 120:20 sound 20:16,24 source 73:12 102:20 141:3 sources 26:19 Southern 101:19
TOWOLDMON0045946 WATER PCB-00036923
Page 12
speaking 29:2,13,17 30:7 31:5
SPECIALIST 1:20 species 117:13 specific 19:2 43:5 54:10
59:12 124:20 specifically 19:23 47:3
75:13 85:19 87:5 101:7 113:2 119:17 124:3 speck 118:12 speculate 21:18 speculation 57:23 136:20 spell 84:12 spending 8:19 spills 98:11 spleen 84:18 spoke 28:12 Spolynr 41:24 sponsored 128:25 spray 101:3 102:20 103:22 sprayed 103:14,17 spraying 103:20 St 1:24 2:20 3:15 12:10 16:15 57:2 63:19,21 67:11,15,20 79:18 83:17 115:1 147:6 stack 8:19 69:21 stand 56:14 standards 30:2,4,15,16 30:18 standpoints 61:17 stands 30:1 55:9 start 16:4 62:13 63:18 143:1 started 16:9,19 124:9 starting 13:14 48:4 76:18 114:5 starts 27:10 54:20 67:7 123:1 140:14,15 state 2:21 6:18 126:4,4 126:4 127:8,11,18,19 128:3 136:15,24 137:4 145:3 stated 70:20 statement 16:21 29:11 31:23 33:6,10,16 54:14 69:14 75:18 78:12 104:19 106:10 109:1 113:19 127:5 statements 103:11 145:4 States 17:17 18:2,3 27:19 44:12 68:4 69:12 85:19 87:16 99:14 102:7 107:2 126:10 stating 42:18 stations 135:21 136:2,4
136:9 stay 118:23,24 Steelcote 79:17,21,23 step 33:19 Stephen 3:22 stint 12:7 77:10,21 Stoneroller 117:21 stop 7:17 16:25 87:25
88:1 98:14 stops 12:3 storage 22:7 story 138:6 139:2 stream 134:8 Street 1:23 3:23 strike 24:16 38:13
49:14 strikes 37:9 structures 108:15,15 studies 113:11 123:2,5
129:21 study 5:11 96:6 97:1
115:16 130:12,16,24 studying 115:2 stuff 81:1 stuffs 132:11 subcutaneous 84:10 subject 15:3 70:19 89:1 subjects 105:16 subscribed 144:14
145:11 subscribing 146:7 subsequent 75:17 substance 26:11 substitute 81:19 subtitle 60:22 Sudden 50:1 suggested 42:22 suit 106:23 suitability 54:9 suitable 38:23,25 Suite 1:23 2:20 3:10,15
147:5 sum 8:16 summaries 73:22 summarize 23:9 53:5 summarized 58:21 summary 53:10 75:7
78:11,12,16 80:10 84:1 92:2 Superintendent 10:4 22:12 supervisor 129:11 supplies 66:17 support 21:22 supporter 67:15 supports 78:12 supposed 134:7 sur 68:23 sure 8:1 22:5 30:18 43:8 45:22 57:25 59:2 74:14 81:21
82:3 89:22 90:13,19 110:22 118:7 137:21 surfaces 46:10 47:8,10 56:5 68:1,18,22 69:1 100:24 102:8 111:7 111:18 141:21 surmise 113:14 surprised 80:12 surprising 99:20,23 survey 115:4,14 117:5 117:15 135:11 survived 93:15 94:17 survivors 123:23 suspected 42:18 71:1 Suttkus 133:19,21 136:7,23 Swan 16:12,13 36:16 36:21 swear 6:12 Sweden 138:10 Swedish 141:2 swimming 109:5 111:6 sworn 2:16 144:7 145:11 symptom 95:24 96:3,9 96:22 140:15,18 symptoms 78:14,18 95:15 syndrome 78:19 system 26:18 62:22 systemic 37:6 72:13 75:18 systems 62:20 74:23 S-a-u-g-e-t 10:17 S.C 84:3
T
T 112:10 table 4:9 5:1 94:4 95:4
95:4 111:17 117:18 117:23 118:25 tag 8:22,23 take 7:6,16,18 9:13 15:21 21:24 22:16 23:13 28:6 31:4 34:5 34:9 36:3 39:7 41:19 43:13 47:23 48:9 51:7 53:1 56:8 59:13 65:8,11 70:1 75:3 76:11 91:8 97:8 99:7 102:23 113:25 118:7 123:11 124:9 134:3,5 134:7 taken 1:15 8:3 19:11 48:2 61:22 64:25 65:24 76:16 78:3 88:14 100:8 103:4 114:3 144:10 takes 98:21 103:10 talk 44:8 124:24 130:23 talked 64:5
talking 26:9,9,11 33:5 37:12 40:2 47:12 80:24 93:3 94:4,9 105:8 109:10 110:10 121:15,19
talks 105:9 122:10 tank 62:21 tanks 62:23 tape 48:4 76:15,18
114:2,5 tape's 113:25 tar-like 39:21 task 19:12,14 88:18,24
89:4,15,17 90:8 93:8 team 51:15 128:15 technical 67:14 105:5
105:10,13,17,18 106:8 141:16 teenage 49:11 telephone 9:7 tell 8:11 16:5 19:11 23:15 28:6 44:13 49:5,9 56:23 67:22 69:5 74:8,11 88:15 89:3,3,6 102:18 105:12 144:7 telling 32:1 87:25 tells 35:22 36:1 temperature 23:23 39:13 100:22 temperatures 37:5 38:24 47:16,18 98:4 100:19,25 ten 123:23 tendons 86:22 tens 21:15,19 Tenth 1:1 2:1,23 6:6 tenure 77:16 term 24:7 35:14 66:8 121:5 terminate 22:6 52:4 terminated 52:21 terms 24:19 64:19 100:17 106:2,18 125:5,17 terphenyl 24:12,13 terphenyls 24:10 test 53:14 54:13 125:3 131:5,18 tested 92:15 123:12 testify 31:16 testifying 9:18 testimony 20:6 31:14 38:3 56:9,13 84:23,25 147:12 tests 28:5 50:8 92:3 113:14 122:11,23 126:7 Thank 7:23 22:20 24:3 26:24 51:10 87:18 99:4 114:6
Thanks 83:3 Theoretically 65:24 thereto 146:7 thick 106:18 things 7:2 think 9:25 12:25 16:11
19:13 22:8 24:2 25:16 27:9 33:14 35:5,6 37:19 41:13 45:2 63:5,16 65:19,19 71:18 76:6 82:10 88:14 98:23 106:7 107:1,15 110:15 113:24 114:22 121:14 124:12 125:11,16,16 126:18 130:18 142:21 142:23,24 third 38:22 41:15,17 54:7 67:7 thirty 147:14 tho 119:25 thought 28:1,21 29:7 30:13 72:22 79:15 105:8 three 19:5,5 20:6 37:1 66:4 84:4 88:12 119:21 123:7 135:8 three-pager 51:7 time 6:8 7:17 8:20 11:13,13 15:8,15 16:3 16:4 17:2,2,7,14 18:15 21:5,11 22:16 23:23 24:18 28:9 29:1 31:10 32:23 33:21,22,23 34:1,5,9 34:19,22 44:24 45:9 45:11 51:8,20 52:7 55:4 64:14 65:22 67:12,25 77:10,15,24 77:25 85:1,3 97:8 99:7 110:14 118:7 120:4,13 121:23 123:6 141:8 142:13 142:25 144:6 times 22:3 title 13:23 14:1 60:2 titled 22:21 60:22 139:1 today 6:8 7:4 8:3 50:23 76:20 77:5,8 84:25 99:21,24 told 7:2 71:4 86:19 98:13 tolerate 63:2 tomorrow 82:1 143:1 Tool 112:14 top 17:11 27:23 34:20 41:17 60:21 79:16 80:1,5 92:9 110:21 117:18 129:25 131:25 Torger 1:15 3:3,4 6:20
TOWOLDMON0045947 WATER PCB-00036924
Page 13
91:18 102:23 104:21 147:14 total 18:7,8 20:11 21:9 90:18 touch 9:17 touched 63:16 65:20 touching 144:8 tough 97:7 towel 65:11 town 10:19 tox 53:8 130:12 toxic 37:6 58:22 63:22 64:2,8 66:2,6,8,15,23 78:19,22 80:6 84:19 113:13 toxicity 53:6 54:3 57:13 60:23 61:16 72:7,9 73:22 75:7 78:19 92:3,9 94:5 95:4 100:13 102:8 113:11 122:11,23 123:1,5 125:3 129:21 130:12 130:24 131:5,18 toxicological 53:8 toxicologist 86:4 tra 25:21 traced 141:3 trademark 24:8 60:10 transcript 147:11,13 147:14,14 transfer 25:22 26:3 70:21 transferring 26:2 transformer 25:10,12 transformers 35:7,24 Transient 84:11 Treon 95:9,11,17 96:5 Treon's 96:10 trial 104:4,7,9,18 tributary 116:14 trillion 32:15,16 trip 128:22,25 129:19 trouble 50:24 troubles 61:6,7 trousers 64:12 trout 131:7 true 22:10 34:11 43:9 116:9 145:4 truth 144:7 try 7:21,21 68:10 trying 16:1 17:3 31:20 34:9 39:15,24 63:8 87:24 97:15 118:6 129:15 tubes 26:6 tubular 79:3 Tucker 5:6 114:19,24 tuned 126:24 turn 27:2 129:24 140:6 twenty 65:21 two 16:16 20:6 24:14
24:20 35:22 41:2 49:21 53:10 55:6 66:22 70:20 72:9,11 73:22 98:7 119:11 123:7,17 133:20 135:9 type 50:16 59:1 61:1 72:14 74:16 84:4 92:17 98:17 127:13 types 24:20 66:22 typical 19:21 44:16 76:2 87:6 111:17 124:16,22 140:15,18 141:3
U
Uh-huh 21:4 33:24 73:8 82:12 127:10 130:25 139:14,24
unable 42:24,25 unbroken 75:17 underclothes 64:12 underground 75:4 underlined 102:15 underneath 111:17 understand 8:12 9:18
15:7 16:7 17:15 18:16 24:3 30:1 31:14 33:2 43:19 68:11 70:6 98:8 100:21 107:15 116:24 125:8 126:18 142:6 understanding 17:14 23:16 31:8 35:20 51:19 52:6 55:11 56:9 57:24 69:11 73:1,7 90:12,15 111:9 113:1 138:9 understood 52:3 unidentified 88:8 union 64:23 65:9 unit 26:10 70:21 United 17:17 18:2,3 27:19 44:12 68:4 69:12 85:19 87:16 99:14 102:7 107:2 126:10 units 13:20 unsafe 98:18 untoward 39:1 unusual 49:23 141:16 141:23 142:1,4,12 unventilated 46:9 upper 48:14 usable 39:20 use 16:22 25:13 26:2,18 32:13 34:25 35:23 46:6 47:5,8 49:14 51:21 52:4,7,20 55:14 56:11 64:18 67:1 68:19,24,25 74:23
75:3,24 98:3 99:15 100:12,23 101:6 103:21 105:5,20 106:8 107:3,5,17 108:6,11,14,21 109:16,21,25 111:13 111:14 141:17 uses 24:17,21,25 25:8 25:23 105:17 106:23 usual 142:18 utterly 88:14 100:16 U.S 17:5,8,11 18:7,8 20:11 44:17 125:15
V
values 135:19 vapor 53:6,13 54:3,11
62:10,11,23 63:12 73:12 95:4,15 101:19 101:22,23 103:19 vaporization 103:24 vapors 37:4 38:23 50:9 62:19,19,21 72:12 73:9 100:13,18,23 varies 23:24 39:12 various 11:8 89:18 118:9 vast 34:18 ventilating 62:20,22 ventilation 38:23 venustus 119:6 Verrette 86:13,19 87:13 version 74:21 81:11,20 veus 119:5 Video 1:20,23 6:10 VIDEOGRAPHER 6:3 47:25 48:3 76:14 76:17 103:2,5 114:1,4 143:4 videotaped 1:14,20 2:15 6:3 143:6 view 62:7,18 75:3 Virginia 82:25 viscera 131:12,14 viscus 106:18 Vitae 4:7 9:2 volatilization 55:24 VOLUME 1:17 vs 1:8 2:8 6:5 146:4 147:8
_________ W
W 101:21 wait 33:12,12 80:4
88:21 137:3 141:10 Wales 44:7 wall 108:21 walls 108:12 109:14
111:6 want 7:16,25 9:21
15:20 27:8,23,25 49:20 70:1 71:6 75:14 76:11 80:5,12 80:21 81:19 82:8 83:25 87:21,22 89:19 89:20 91:15,23,24 101:8 102:24 104:6 113:8 116:8 118:20 126:16 128:5 130:3 130:23 135:4,9 140:13 wanted 20:5 30:11 34:1 42:5 47:13 107:16 WARD 1:4 2:4 warning 61:12,15 washed 66:1 Washington 85:15 wasn't 39:17 69:21 115:19 126:24 waste 112:24 116:10 watching 46:6 water 18:19 32:4,13,15 56:5 111:14 112:25 waters 8:13 116:20 waterways 134:9 Watt 4:11 way 10:3 18:16 20:18 20:25 33:3,5 54:15 80:11 83:13 116:1,1 118:18 123:15 128:24 131:1 137:22 ways 23:20 wear 63:1 weeks 78:24 84:5 123:7 weight 40:20 96:4 111:19 119:14,15,21 went 9:24 10:22 12:23 13:12 62:24 98:10 123:16 128:16 129:3 129:18,19 weren't 57:20 West 3:10,23 Westinghouse 29:23 wet 119:14,21 we'll 7:17,20,21,21 52:16,19 63:17 88:20 142:25,25 143:1,1 we're 7:3 8:19 26:11 29:10,10 31:21 36:11 36:11 45:25 76:20 80:11 93:3 94:4,9 95:25 103:2,5 104:8 104:10 110:22 114:4 132:24 we've 7:24 27:17 28:2 28:22,24,25 29:8 31:23 33:6,9 47:22 97:10 114:22 127:2 whatsoever 68:19,24 68:25 Wheeler 4:13,21,22 5:2
5:10 43:16 71:22,25 73:9,16 86:18 97:11 97:18 98:24 122:8 129:13 137:12 WHEREOF 144:14 White 84:3 Wiegers 1:19 2:21 6:11 144:3,22 146:6 147:20 wildlife 1:10 2:10 90:4 121:18 125:14 126:2 126:9 127:12 William 1:3,14 2:3,15 3:6,7 6:4,19 85:25 145:3,7 146:1 147:11 withdraw 56:15 withdrawing 55:12 107:3 withdrawn 101:6 withdrew 52:21 witness 6:13,14 7:11 38:8,11 48:22,24 80:13 81:14 85:17,21 87:17 88:12 104:22 104:23 127:24 128:2 143:3 144:5,11,14 wondering 29:9 89:9 90:1 127:6 wood 108:1 word 16:22 37:9,11 43:3,10 45:25 63:6 66:15,23 67:2 110:21 131:3 wording 46:19 words 28:12 32:13 63:7 work 7:21,21 9:24 10:22 37:3 53:8 54:20,23 56:9 57:2 62:9 117:6 134:13 136:24 137:25 138:15 workday 63:13 worked 10:2 43:20 53:22 67:16 133:6 worker 14:5,24 workers 49:4 63:1,12 103:21 working 46:20 61:3 62:1 64:15 65:14 114:25 workmen 75:25 world 67:16 120:19 world's 137:14 worry 58:25 wouldn't 8:25 104:17 120:20,21 132:20 141:15,16,23,25 142:1,4,12 writing 72:1 written 44:4 138:23 wrong 17:13 43:20 51:20 52:6 69:12
TOWOLDMON0045948 WATER PCB-00036925
Page 14
92:2 98:9 W.B 114:14 W.G 10:4 11:20 W.M 101:21
__________X
X 1:11 2:11 x-ray 66:3
Y
yachts 108:1,5 yeah 10:9 15:22 20:2
32:9 33:11 44:6 51:1 64:2 67:4 69:25 74:10 76:13 80:25 81:16 82:5 83:5 91:9 91:9,12 96:3 106:11 109:2 110:12,24 116:17,22 117:17 121:8,22 122:17 127:20 128:2 130:3 137:7 138:2,4,8 140:4 140:10 142:8 year 21:19,20 109:22 110:3 115:25 135:11 years 19:17 20:5,7 28:3 28:8 31:25 33:8 40:11,14 66:4 100:9 yellow 109:13,14,14 yesterday 70:19 York 45:3 71:7
__________ 0
0.02 78:22 0.04 78:24 0.5 55:1
1
14:7 6:1 9:1,23 34:7 41:1 45:19 83:15 110:15 117:18,23 123:18 135:10
1.5 53:13 54:12 57:14 1.9 53:16 1/19/62 4:21 1:00 140:1 142:24
143:5 10 4:16 56:17 123:18
123:22 135:20,21 136:3,10 147:3 10th 144:15 10/11/37 4:11 10/21/71 4:25 10:10 48:4 10:57 76:15 100 123:8,22,23 1015 1:23 1097 119:20 114:17 23:21 36:20 58:10 60:21,22 93:8 130:6
11th 36:13 11/12/62 4:22 11:1176:18 11:54 103:3,6 113 27:22 114 27:2 12 4:18 40:23,24 59:9
59:16 73:18 131:13 12/19/1956 4:19 12/6/55 5:3 12:10 114:2 12:19 114:5 120 131:6 1200 18:8 121 131:10 1221 37:19 41:10 86:15 1242 53:15 72:10 83:16
86:15 93:4,14 94:10 94:16,23 95:6,14 123:18 1248 54:24 70:22,22 125 139:7,10 1250 53:15 94:16 1253 17:5 1254 37:14,19,25 38:3 40:17,19 41:6,14 53:13 54:4 57:13 72:10,18,21,24 75:10 86:15 95:25 111:25 119:18 123:18 130:12 1254.3 95:21 96:8,12 1260 37:19 86:15 123:21 1265 93:20 96:17,18 1268 41:9,13 71:11 127 88:8 91:13 128 91:13 140:6,8,9 129 88:8 91:13 13 4:19 69:2 130 88:13 139 3:18 14 4:20 18:7 22:25 41:25 50:4 69:23,24 69:25 131:13 1400 17:11 1460 83:15 1464 84:1 154:21 71:19 131:10 150 18:18 32:2,17 34:7 53:12 73:24 74:19 75:8 98:22 16 4:22 1697 3:18 17 4:23 76:23 77:1 81:4 81:7,20,21 82:10,10 82:13,13 94:24 18 4:24 80:3,15 82:11 131:10 19 4:25 17:14 50:1 52:23 85:23 87:14 141:12
190 2:19 3:15 147:5 192 131:13 1929 16:7 1930 16:23 34:20 1930s 16:20,20 17:15 1937 36:13,20 1938 93:23 94:1 96:24 1944 92:22 93:10,17
94:13,19 95:1 1950 41:25 1950s 67:13,14 69:14 1951 9:25 1953 45:19 67:20 1954 10:6 48:15,17 1955 57:5 59:21 1956 95:9,17 96:6,10 1960 113:18 1960s 109:23 142:13 196171:14 1962 73:18 74:6 77:3
77:12 84:25 1964 10:5 1965 11:14 82:20 97:25
116:5 1969 20:5,10 115:4 1969-1970 21:5 1970 11:14 12:12 20:5
20:23 116:6 124:5,9 125:1 128:19 132:16 141:8 1970s 52:24 100:7 107:9 142:14 1971 17:1,16 22:25 23:5 28:13 86:10 88:25 1972 19:13 89:1 91:7 139:9 141:13 1973 12:25 1975 34:21 1977 13:14 1983 14:10 1986 14:17 15:4 199 3:23
2
24:8 15:12 17:4 31:12 32:5 41:1 48:4 54:17 71:11,14 76:15 94:3 110:15 135:25
2/14/50 4:12 2/2/61 4:20 20 5:1 88:4,7 91:14
100:9 200 84:3 100:19 2006 1:16 2:17 6:8
144:15 145:12 147:3 147:12 215:2 86:10 94:11 97:4 210 3:10 22 5:3 99:2,13 103:7 104:18 106:24,25
23 5:4 104:15,25 107:12,20 110:9
231-2202 1:24 24 5:5 112:7 25 5:6 28:8 114:9 121:1 253 118:13 26 5:7 120:23 121:24
126:7 127:14 27 1:16 5:8 6:8 128:4,8
147:12 27th 2:16 28 5:9 132:22,24 285-2115 1:25 29 5:10 93:9 113:18
137:10 290 18:22 295 79:14 299 79:10,12 80:6
3
34:9 9:11 19:9,18 76:18 94:4 95:21 97:25 101:8,10 102:24 103:16 114:2 119:10
30 5:11 6:1 28:8 138:20 300 100:19 314 1:24 9:10,11 3219:8 35 93:21 37,800 119:22 385 130:2 399 79:11
4
4 4:10 22:15 26:25 101:24 102:15 114:5 129:25,25
4/29/70 5:7 40 28:3 31:25 33:7 400 84:4,11,14 45 131:11 49 60:11,14,17
5
5 4:11 34:8 36:3 132:7 50 50:19 93:21 123:19 505 3:10 506 3:7 5161:10 52 63:16 526 101:20 54 10:6 40:20 41:17 55 4:18 58:17 67:6 56 131:11 59457 3:5,8,11 59624 3:19 59807-7909 3:24
4:13,14,15,16,17,18 4:19,20,21,22,23,24 4:25 5:1,2,3,4,5,6,7,8 5:9,10,11 41:19 111:17 131:24 6/9/72 5:9 600 2:20 3:15 147:5 6171:15 62 4:23 63101-1329 1:24 63105 147:6 63105-34413:15 64 10:6,7,8 131:14 65 4:24 67 20:21
7
74:13 43:13 135:20,21 136:2,9
70 131:14 70s 52:22 138:13 71 87:10 72 133:16 141:11 73 12:12 75 35:21 76 3:4 20:11 7909 3:23
8
8 4:14 48:8 57:5 110:8 110:11,12,17 135:20 135:21 136:2,10
8/19/55 4:15 8/29/60 5:5 8/6/1970 114:17 8/6/70 5:6 8/6/715:10 807:11 800 1:25 83 7:3 85 20:23
__________ 9
94:15 51:7 99:11 9th 53:4 9/1/53 4:13 9/10/55 4:16 9/20 58:17 9/20/55 4:17 9/3/65 5:2 9:00 6:9 143:1 9:58 48:1 90 7:10,11 911 1:23 98 94:24
6 6 4:3,7,8,9,10,11,12,12
TOWOLDMON0045949 WATER PCB-00036926