Document wgREBZeEpk58j5MLbaZXZkBXQ

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY JOAN MAERTIN, Executrix of ) the Estate of Lothar Maertin,) JOAN MAERTIN, individually ) and in her own right, et al.,) ) v. ) ARMSTRONG WORLD INDUSTRIES, INC., ) ) ) ) v. ) MONSANTO COMPANY and ) ) AMERICAN MINERAL ) SPIRITS COMPANY. ) Civil Action L-95-cv 02849 (JBS) Simandle, U.S.D.J. Rosen, U.S.M.J. DEPOSITION OF DR. KALEY TAKEN ON BEHALF OF THE DEFENDANT/ ARMSTRONG WORLD INDUSTRIES, INC. MARCH 3, 1999 DepoNet Taylor * Schroeder Reporting & Video "Meeting All Your Litigation Needs" COURT REPORTERS 7494 Ethel Avenue St. Louis, Mo 63117 314.644.2191 800.280.DEPO Fax 314.644.1334 /GvS AGO-, j --\'\<\Yy' quality ASSURANCE TOWOLDMONOQ51326 DR. KALEY 2 QUES TIONS 3Y: j Mr. T'J ret CiMuro 4 5 INDEX LIST OF EXH I3I7S 3 2 5 3 1C 5 5 5 7 8A 15 9B 16 9 n 10 19 1, 19 12 20 13 21 14 22 15 23 16 24 17 25 DeDosition Notice 3dC.es MAE 049906-9C8 3dt.es MAE 039937-966 3dCes MAS 059877-93 3dC.es MAE 056532-552 Handwritten Notes of C . Turet Tech. Bulletin O/PL-306 3dtes MAE 052506-508 Bates MAE 052509-512 3dtes MAE 052497-S0 1 Bates MAE 033722-734 Bates MAE 052485 3a.tes MAE 052491 3dtes MAE 052484 Bates MAE 052513-521 9/8/55 Memo from J.W. Barrett 3at.es MAE 052494-4 95 Bates MAE 052486-489 PAGE NO. 4 173 PAGE MKD. 7 12 j.7 7 i7 21 38 41 41 45 49 60 66 68 72 82 35 38 1 LIST OF EXHIBITS (continued) 2 TOXICITY DESCRIPTION PAGE MKD. 3 19 Bates MAE 053216 106 4 20 Bates PRR 019171 108 5 21 Bates MAE 053218 110 6 22 1/26/67 Ltr. From David Wood 115 7 23 Bates MAE 053 578 116 8 24 Bates MONS 072195 117 9 25 Bates MAE 053009 119 10 26 3/3/69 Ltr. Frm E. Wheeler 123 11 27 Chronology bv R. E. Keller 124 12 28 Bates MONS 036720-732 129 13 29 14 Meeting Minutes of 11/17/69 135 30 Bates MAE 03-1803-814 143 15 31 3/30/70 Memo from R.E. Kelly 146 16 32 Bates MAE 049443-446 149 17 33A Bates MAE 048640 150 18 33B Bates MAE 048716 150 19 34 7/16/70 News Release 152 20 35 Bates MAE 040935-949 154 21 36 Bates MAE 033947-949 155 22 37 Bates MAE 032743-744 157 23 38 Bates MAE 021600 159 24 39 12/6/74 Ltr. From F. Johannsen 161 25 Condenselt! MARCH 3. 1Q9 LIST OF EXHIBITS (continued) Page 2 TOXICITY DESCRIPTION PAGE MKD 3 41 Bates MAE 004888-889 168 4 42 10/15/79 Stmt. From Monsanto 169 5 43 6 44 Bates MAE 007032-033 Bates MAE 006686-87 170 171 7 (Original exhibits to be attached to original transcript. One set of exhibits to be attached to Mr. Brian O'Connor's 8 transcript.) 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 * -a- - UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY 3 JOAN MAERTIN, Executrix of the Estate of Lothar Maertin, 4 JOAN MAERTIN, individually and in her own right, et al., 5. .ARMSTRONG WORLD 7 INDUSTRIES, INC., 8 v. 9 MONSANTO COMPANY and AMERICAN MINERAL 10 SPIRITS COMPANY. , 11 ' ) ) ) ) ) ) Civil Action L-95-cv ) 02849 (IBS) ). ) Simandle, U.S.D.J. ) ) Rosen, U.S.M.J. ) ). )). 12 DEPOSITION OF DR. KALEY, produced, sworn and examined 13 on the 3rd day of March, 19,99, between the hours of eight 14 o'clock in the forenoon and six o'clock in the afternoon 15 of that day, at the offices of Taylor*Schroeder Reporting .i 16 & Video, 7494 Ethel Avenue, St. Louis, Missouri, before 17 TAMMIE A. ST. ARBOR, Certified Shorthand Reporter and 18 Notary Public within and for the States of Missouri and 19 Illinois, in a certain cause now pending in the United 20 States District Court for the District of New Jersey, 21 wherein JOAN MAERTIN, Executrix of the Estate of Lothar 22 Maertin, JOAN MAERTIN, individually and in her own right, 23 et al. are Plaintiffs and Armstrong World Industries, 24 Inc., Monsanto Company and American Mineral Spirits 25 Company are Defendants. Page 2 - Page TOWOLDMONOQ51327 DR. KALEY Condenselt! TM MARCH 3, 199` 1 appearances T 3 By Telephone For the Plaintiffs: 4 Mr. Brian O'Connor, Esq. Law Offices of Gary Ginsberg 5 Atrium II 3000 Atrium Way 6 ML Laurel, New Jersey 08054 7 By Telephone For the Defendant/American S Mineral Spirits: 9 Ms. Carolyn O'Connor, Esq. Wilson, Elser, Moskowitz, Edelman & Dicker 10 Two Gateway Center Newark, New Jersey 07102-531 1 11 17 For the Defendant/Monsanto: 13 Mr. Christopher DiMuro, Esq. Latham & Watkins 14 One Newark Center Newark, New Jersey 07101-3474 15 Mr. Gerard Davidson, Jr., Esq. 16 Smith, Helms, Mulliss & Moore, L.L.P. 300 North Greene Street 17 Suite 1400 Greensboro, North Carolina 27401 18 19 For the Defendant/Annstrong World Industries, Inc.: 20 Mr. Craig Turet, Esq. Duane, Moms & Heckscher, LLP 21 One Liberty Place Philadelphia, Pennsylvania 191037396 22 Mr. Nolan Atkinson, Esq. 23 Duane, Morris & Heckscher, LLP One Liberty Place 24 Philadelphia, Pennsylvania 191037396 25 Page 5 1 testimony today is the - is testimony as if you were Page 2 Monsanto Company addressing certain issues, which we'll go 3 through the notice of deposition. 4 A. Yes. 5 Q. Let me before we go forward show you a document 6 that's been marked as T-l, and by the way, it's being 7 marked T whatever for toxicity just like yesterday was pr 8 for public relations. 9 Dr. Kaley, this is the notice of deposition 10 which was served on Monsanto Company by us. Have you seen 11 this before today? 12 A. I think I've seen it. I've not read it, I know 13 it exists. 14 Q. And you understand on Page 2 up at the top 15 you'll see that this is addressed to the persons 16 designated by Monsanto as most knowledgeable regarding the 17 toxicity of PCBs or PCB containing products or substances? 18 A. Yes. 19 Q. And you understand that's what you're here to 20 testify about? 21 A. Yes. 22 Q. And in addition, it's addressed to Monsanto's 23 knowledge concerning such toxicity at any time between 24 January 1, 1930 and the present. 25 A. Yes. Page 6 Page IT IS HEREBY STIPULATED AND AGREED by and between 1 Q. And you understand that time frame has been 2 counsel for the Plaintiffs and counsel for the Defendants 2 narrowed to 1940's i believe -- 3 that this deposition may be taken in shorthand by 3 MR. DIMURO: '45. 4 Tammie A. St. Arbor, CSR and notary public, and afterwards 4 Q. (By Mr. Turet) - through the end of 1985, and 5 transcribed into printing, and signature by the witness 5 it's your understanding that's also what you're here to 6 expressly reserved. 7 ***** 6 address? 7 A. I don't know that I knew that specifically, but 8 DR. KALEY, 8 I'll take your word for it. 9 of lawful age, produced, sworn, and examined on behalf of 9 Q. Well, are you prepared today to be asked 10 Defendant/Armstrong World Industries, Inc., deposes and 10 questions on behalf,of Monsanto.Company about Monsanto' 11 says: 11 knowledge of toxicity during, that time, period? . 12 EXAMINATION 12 A. Yes. - .. 13 QUESTIONS BY MR. TURET: 13 Q. And down at the bottom you'll see there's a 14 Q. Morning, Dr. Kaley. 14 request for the production of documents asking for 15 A. Morning. 15 documents reflecting Monsanto's knowledge concerning 16 Q. My name is Craig Turet. I don't believe we've 16 toxicity to humans or any animal of PCBs or any product or 17 met before today. I'm here as the attorney for Armstrong 17 substance containing PCBs. Have you brought any documen' 18 World Industries, Inc. which as I'm sure you know is a 18 with you today? 19 defendant in this case. Dr. Kaley, you've been through 19 A. No. 20 depositions before in your life, correct? 20 Q. And is it my understanding, is my understanding 21 A. Yes. 21 correct the documents responsive have already been 22 Q. Have you ever been deposed as a 30(b)(6) 22 produced in this litigation? 23 corporate designee deponent? 23 MR. DIMURO: The toxicity documents have been 24 A. No. 24 produced. 25 Q. You understand -- do you understand your 25 MR. TURET: But the toxicity documents are the______ Page 5 - Page TOWOLDMONOQ51328 DR. KALEY Condenselt! TM MARCH 3. 199' 1 ones responsive -- Page 9 1 Page 1 Q. And you understand Monsanto as a term includes 2 MR. DIMURO: The toxicity documents relating to 2 the Monsanto Company and any subsidiaries or divisions 3 human health and safety have been produced. 3 that are included within Monsanto? 4 MR. TURET: Human or animal? 4 A. Yes. 5 MR. DIMURO: Animal to the extent it relates to 5 Q. And that also includes Monsanto Chemical Limited 6 human safety. No environmental documents as you know 6 or companies within the Monsanto Company located in Europe 7 based on our agreement have been produced. 7 or wherever in the world they may be located? 8 MR. TURET: That's not exactly correct. The 8 A. Yes. 9 documents you've produced have in large part been 9 Q. And when I refer to Armstrong today, you'll 10 environmental documents. Today we're for toxicity. But 10 understand that Armstrong means .Armstrong World 11 my question is, is there some universe of animal toxicity 11 Industries, Inc.? 12 documents that were not produced? 12 A. Yes. 13 MR. DIMURO: Animal toxicity documents that 13 Q. And as to the term PCBs, you'll understand that 14 relate to human health and safety have been produced. 14 means polychlorinated biphenyls? 15 MR. TURET: That's the fust time I've heard it 15 A. Yes. 16 phrased like that. 16 Q. Now, Dr. Kaley, what steps were taken to prepare 17 MR. DIMURO: That's not the fust time. 17 you to address the issues as a corporate designee today? 18 Environmental documents -- 18 A. Nothing very specific. I read a couple of, or 19 MR. TURET: I'm not talking about environmental 19 skimmed a couple of depositions by Dr. Emmet Kelly who 20 documents. I'm talking about animal toxicity. 20 played a similar role earlier. And I reread some of the 21 MR. DIMURO: You didn't get any documents, and 21 reports produced by Armstrong experts in this litigation. 22 you haven't gotten them since day one in this litigation 22 Q. Have you gone back and looked at the documents 23 and you know that, that relate to environmental problems. 23 that have been produced in this case that you've heard 24 MR. TURET: Are you defining environmental 24 your counsel describe as toxicity documents? 25 problems to include animal toxicity? 25 A. No. Page 10 Page 1 1 MR. DIMURO: If it's animal toxicity related to 1 Q. Have you gone back and interviewed any current 2 human health and safety, you've got it. 2 or former Monsanto employees to glean their knowledge 3 MR. TURET: Explain to me what relates to human 3 about toxicity? 4 health and safety means. 4 A. No. 5 MR. DIMURO: I'm not going to explain it. It's 5 MR. TURET: Why don't we mark this as T-2. 6 been gone over since day one. If you don't know by now, 6 (Exhibit T-2 was marked for identification by 7 I'm not going to explain it. 7 the reporter.) 8 MR. TURET: But aside from environmental 8 Q. (By Mr. Turet) Dr. Kaley, for the record you're 9 pollution, we're talking about toxicity. This is directed 9 being shown a document that's been marked as Exhibit T-2 10 to toxicity. I'm understanding for the fust time you're 10 which is Bates numbered MAE 049906 through 908 which is a 11 making a distinction to that which relates to human health 11 December 30th, 1947 letter from Paul Benignus to Celanese 12 and safety which was not all that was asked for. 12 Corporation of America. Have you seen that document 13 MR. DIMURO: That's all you were getting in this 13 before today, sir? 14 case and that's all you got in this case. 14 MR. DIMURO: You don't have any copies, Craig? . 15 MR. TURET: So there are documents out there 15 MR. TURET: No, I just brought.the one with me. . 16 that relate to animal toxicity that were not produced 16 A. I don't recall specifically having seen it 17 because somebody' s determined that it is not related to 17 before. 18 human health and safety; is that correct? 18 Q. (By Mr. Turet) Having looked at it, I will 19 MR. DIMURO: If it didn't relate to human health 19 represent to you this has been produced by Monsanto 20 and safety, you didn't get it. 20 Company in this case, you can tell by the Bates. Is it 21 Q. (By Mr. Turet) All right. Dr. Kaley, just a 21 fair to say this letter is a response to an inquiry from 22 few background definitions so that we're all on the same 22 Celanese Corporation to Monsanto about toxicity of 23 page. When I use the term Monsanto, you understand that 23 Aroclors? 24 Monsanto would include what's now known as Solutia? 24 MR. DIMURO: I'll object. 25 A. Yes. 25 A. I'm going to, I mean if you want to know that. Page 9 - Page TOWOLDMONOQ51329 DR. KALEY Condenselt! MARCH 3. 199 Page 13 1 I'm going to have to take some time to read it. I'm 2 sorry, but I'm just going to have to take some time to 1 2 A. Did you say polychlorinated biphenyl? Q. Yes. Page 3 read it. If you can point to language which suggests 4 that's the case - 5 Q. (By Mr. Turet) Okay. I can start with the 6 fust sentence, as suggested by Dr. R. L. Jenkins in his 7 letter to you on December 23, this is addressed to 3 A. That is true, those would not have addressed 4 Aroclor 5460, but it is an Aroclor product. I don't know 5 about PCBs, if there's anything on PCBs specifically, but 6 the preceding paragraph says Aroclor, and certainly, 5460 7 falls within that designation. 8 Celanese, we are pleased to report about Aroclor toxicity 9 considerations. 8 Q. I just want to make sure, I think you've 9 answered it, but I want to make sure. Had Monsanto as of 10 A. That's fine, and I will agree that's what that 10 this date, December 30th, 1947, conducted any tests 11 says. It doesn't say this is in response to a specific 11 toxicity tests, specifically on finished products that 12 request by Celanese. I111 take it at face value what it 12 contained PCBs? 13 is. It's a letter from a former Monsanto employee to 13 A. Not that I'm aware of at this point. 14 Celanese purportedly addressing Aroclor toxicity. 14 Q. Now, Mr. Benignus in this letter proceeded to 15 Q. Now on Page 2 there is, and I'll refer you to 15 list off commercial applications that were used as of 16 the sentence that begins in your letter of December 19th 16 December of 1947, typical large current outlets for 17 to Dr. Jenkins. 17 Aroclors. Do you see those, they're numbered 1 through 18 A. Yes. 18 19? 19 Q. By the way, do you know who Dr. Jenkins is? It 19 A. I see those, yes. What term did you use to 20 says at the top Dr. R. L. Jenkins, Anniston. 20 describe them? 21 A. No, I don't. 21 Q. You'll see in the paragraph it states the 22 Q. You asked whether studies had been made of the 22 following commercial applications are some typical large 23 possible toxicity or dermatitis due to finished 23 current outlets for Aroclors. 24 manufactured items containing Aroclors as an ingredient. 24 A. All right. 25 Are there any documents from Monsanto that 25 Q. Now, there are, you'll see a No. 7 specifically Page 14 Page 1 1 address the issue of studies of possible toxicity or 1 references to plasticizers for nitrocellulose, ethyl 2 dermatitis due to finished manufactured products 2 cellulose and polyvinylchloride coatings. 3 containing Aroclors as an ingredient back in 1947? 3 A. Yes. 4 A. I'm not aware of anything specific. 4 Q. And just to confirm, to your knowledge, let me 5 Q. Now, the following paragraph responds to that 5 withdraw that. - 6 inquiry with reference to patch tests done with Aroclor 6 Just to confirm, had Monsanto conducted any 7 5460. Do you see that? 7 toxicity testing on plasticizers and polyvinylchloride 8 A. Yes. 8 coatings that contained PCBs as of December 1947? 9 Q. What was Aroclor 5460 and specifically, did it 9 MR. D1MURO: I'll object to the form. 10 contain PCBs? 10 A. Was your question plasticizers and 11 A. No. It's a polychlorinated Terphenyl product. 11 polyvinylchloride:or as plasticizers in 12 It may have had some low level of PCBs as a by-product of 12 polyvinylchloride? ' 13 the manufacturer, but I don't know what level or whether 13 Q. I meant plasticizers in polyvinylchloride 14 this material did specifically or not, but it was 14 coatings. : 15 generally a polychlorinated Terphenyl. 15 A. Not that I'm aware of. . . ' 16 Q. Had Monsanto conducted any toxicity tests as of 16 Q. And further along. No. 8`, there's a reference to 17 December 30th, 1947 on finished products that contained 17 a, the use of plasticizers for Purion and Pliolite paints 18 PCBs as an ingredient? 19 A. Well, based on the information in this 18 and coatings. And same question, had Monsanto as of 19 December 1947 conducted any toxicity testing on thos< 20 paragraph, it appears that Monsanto or someone tested 20 types of paints and coatings that contained PCBs? 21 canvas painted with Aroclor 5460 and an oil modified alkyd 22 resin. 23 Q. Okay. 21 A. Not that I'm aware of. 22 Q. No. 13 refers to fire retardant paints and 23 coatings. Same question, had Monsanto as of this date 24 A. I think those would be finished products. 24 conducted any toxicity testing on fire retardant paints 25 Q. I understood you to say 5460 was not a PCB? 25 and coatings that contained PCBs?___________ _______ Page 13 - Page TOWOLDMONOQ51330 DR. KALEY Condenselt! TM MARCH 3, 199 1 A. Not that I'm aware of. 2 Q. No. 19, the manufacture of dentures, same 3 question. 4 A. Not that I'm aware of. Page 17 Page 1 1 about toxicity. And you found somebody to appear for 2 Monsanto, and that's Dr. Kaley, so if that's the 3 definition Dr. Kaley is addressing, that's the definition 4 we'll use for today's purpose. 5 Q. I have no further questions on that one. Let me 5 MR. DIMURO: As long as you agree with that, 6 just take a couple of steps back. 7 MR. TURET: Let's mark these as T-3 and T-4 and 6 that's fine. 7 MR. TURET: For today's purpose. 8 T-5. MR. DIMURO: If you don't, you run the risk of 9 (Exhibits T-3, T-4 and T-5 were marked for 9 taking a deposition that has absolutely no meaning, but do 10 identification by the reporter.) 10 what you want. 11 MR. DI.MURO: Can you identify these for the 11 Q. (By Mr. Turet) Dr. Kaley, I've just had marked 12 record? 12 three different documents. Exhibit T-3 is a document 13 MR. TURET: Yes, I will do that before I go on. 13 that's been Bates numbered MAE 039937 through 966. It's 14 Q. (By Mr. Turet) Dr. Kaley, can you just for the 14 entitled Aroclors Physical Properties and Suggested 15 record define, we've been talking about toxicity. Can you 15 Applications. It's also application data bulletin number 16 give me a definition of toxicity? 16 O-P-115. 17 A. I think toxicity is, well, toxicity is basically 17 The document that's been marked as T-4 is 18 a property of a material which can lead to some usually 18 Technical Bulletin Number PL-3U. It's been Bates 19 defined as adverse effect on a living system. 20 Q. And does that mean, does toxicity mean effect on 19 numbered MAE 059877 through 93. 20 And document number T-5 has been -- is technical 21 the human system or is it something broader than that? 21 bulletin number O/pl-311. It's Bates MAE 056532 through 22 A. Something much broader than that. It's any 22 552. 23 living system would be my understanding. 23 A. I see that. 24 Q. Would that include adverse effects on fish? 24 Q. Okay. Let's go back to the first of those, 25 A. Certainly it may. 25 Dr. Kaley, the one that I think was T-3. Page 1 Q. And I mean the concept, and does it also mean 2 adverse effects on birds? 3 A. Yes. 4 Q. And does it mean adverse effects on plant life? 5 A. Yes. If there are any for a particular 6 chemical? 7 Q. Right. No, I'm asking generally, so the term 8 toxicity is clear. 9 A. Some chemicals can be toxic to plants. I don't 10 know, there's no -- 11 MR. DIMURO: Are you adopting Dr. Kaley's 12 definition of toxicity? Because I notice you didn't 13 provide one in your deposition notice. 14 MR. TURET: I'm not here to provide anything. 15 I'm asking Dr. Kaley and making sure the record is clear 16 on what the answers are addressing. 17 MR. DIMURO; And the record is not clear. You 18 sent a notice of toxicity. Are you now asking that 19 Monsanto adopt a definition given by Dr. Kaley? Or if 20 you're going to use toxicity in this deposition, if you're 21 going to use that word, it needs to be defined. Are you 22 willing to accept Dr. Kaley's definition or do you have 23 another one? 24 MR. TURET: I mean, the definition was clear 25 enough in the notice for someone to be here to testify Page 2 1 A. Yes. 2 Q. The technical bulletin O-P-115. Now, as one 3 looks at this, is there any way that you can tell what the 4 date of this particular application data bulletin is? 5 A. I'm not sure. On Page 27 of the document, on 6 the MAE 039964, there is, there is a small code at the 7 bottom which I find difficult to read. Typically, the 8 date can be surmised from that -- from that number, but 9 there were differerit codes at different times. So number 10 1,1 can't read it on my copy, and number.2,- without .. .. 11 reading it, I don't know whether the date may be coded in 12 there or not. It may very well be. ' 13 Q. Fair enough! Okay. I would like to direct your 14 attention to Page 1!9 which is the section that's entitled . 15 dermatology and toxicology. 16 A. Yes. 1 17 Q. Now, I'm going to take you through the different 18 technical bulletins and ask you to sort of compare one 19 dermatology and toxicology section with another section 20 that addresses similar topics. What I'm going to ask you 21 to do is put down the points that are included in this 22 one, list them on a piece of paper, and we'll attach them 23 as an exhibit, because it will make it easier as we go to 24 the next to see if the points are the same or different 25 that are being covered. So I want to do it in your Page 17 - Page : TOWOLDMONOQ51331 DR. KALEY Condenselt! TM MARCH 3. 1 QQf 1 language rather than mine. Page 21 1 reaction. Page 2: 2 A. Would you repeat that? I'm not sure I 2 Q. Is there any standard period of time on which 3 understand what you asked me to do. 3 it's left or is that defined within the particular patch 4 Q. Sure. Starting with this particular bulletin, 4 test? 5 I'm going to ask you to make a list of the points that are 5 A. I think it would be defined by the protocol for 6 being made in this section, whichever ones are 6 the particular test. Okay. Based on the information in 7 significant, 1 through 2 or one through 21 or however many 7 the first paragraph, a patch test was done with a material 8 there are and we'll compare and go to the next bulletin 8 containing Aroclor 1254 and dioctyl phthalate and that 9 and so forth. So why don't we at the top, I mean this is 9 test showed the film, that the film was not a primary 10 going to be Exhibit T-6. 10 irritant or sensitizer. 11 MR. DIMURO: I'm going to object. If you 11 Q. Patch test was done with. I'm not that quick a 12 believe they're significant points that you want to 12 writer. 13 address, why don't you have Dr. Kaley identify them. I'm 13 A. A piece of film containing 11 1/2 percent 14 not going to have him go through the document and write 14 Aroclor 1254. 15 them down. That's not his job. 15 Q. Okay. 16 MR. TURET: If you want he can tell me what they 16 A. And apparently about 11 or 12 percent dioctyl 17 are. 17 phthalate. 18 MR. DIMURO: You can ask the questions. I'm not 18 Q. Okay. 19 going to have him go through the document and write what 19 A. And under the conditions of the test, the 20 he thinks is significant. 20 conclusion was that the film was not a primary irritant or 21 MR. TURET: I'm asking Monsanto to identify the 21 a sensitizer. 22 significant points out of its own technical bulletins. 22 Q. And what, just so I understand, what is a 23 What's the problem with that question? 23 primary irritant or a sensitizer? What are those two 24 MR. DIMURO: I don't know what the significant 24 terms? 25 points are. I want you to ask him the questions. 25 A. A primary irritant would be a material that Page 1 MR. TURET: ljustdid. 2 MR. DIMURO: I want you to ask him the 3 questions. 4 Q. (By Mr. Turet) Dr. Kaley, would you tell me 5 please, looking at the dermatology and toxicology section, 6 list off for me, if you would prefer, I will write them 7 down and number them and ask you what the points are 8 sentence by sentence, what the points being made out of 9 that section are. 10 MR. DIMURO: I'll object to that question. 11 ^ THE WITNESS: Should I do it? 12 MR. DIMURO: If you can figure it out from his 13 question, sure. 14 A. All right. I might add before I start this that 15 based on this paragraph, which I don't recall having read 16 before but may have, it does appear that a polyvinyl 17 chloride free film was tested and patch tested. That 18 would be some example of a finished product containing 19 PCBs. So that would go to serve to correct one of my 20 previous answers. 21 Q. (By Mr. Turet) What exactly is a patch test? 22 A. It's a test where a square of material or a 23 piece of material is placed in contact with the skin on 24 sometimes the arm, sometimes the back of an animal or in 25 some cases a human, to see if there is a dermatological Page 2 1 causes some reaction on the skin by the very contact of 2 that material with the skin so that you would get an 3 immediate or within the test, a reaction caused by that 4 material. 5 A sensitizer is a material which makes the skin 6 more sensitive to the effects of some other agent, 7 typically, materials can for instance, can sensitize to 8 sunlight. So you would put the material on the skin, 9 would not find a reaction or redness or rash, and but on 10 subsequent exposure;to sunlight, a rash might develop. . 11 That would be a sensitizer. `. ' 12 Q. So the patch test was done with a piece of film 13 containing 11 1/2 percent of Aroclor 1254 and under test 14 conditions, the conclusion was the film was not a primary 15 irritant or a sensitizer, correct? ' ' 16 A. Correct. ; - 17 Q. And what is the next point being made in the 18 dermatology and toxicology section? 19 A. The next point, a patch test on Aroclor 1254 20 applied to gauze and then applied, placed in contact with 21 the skin showed no primary irritancy or sensitization. So 22 basically the same conclusion on 1254 alone as it was 23 applied to gauze. 24 Q. Was not a primary irritant? 25 A. Right. Page 21 - Page 2 TOWOLDMONOQ51332 DR. KALEY Condenselt! TM MARCH 3, 199 Page 25 1 Q. Or sensitizer? 2 A. Yeah. This one uses different words, but 3 basically the conclusion is the same. 4 Q. And the next part? 5 A. The next part addresses patch tests using canvas 6 coated with Aroclor 5460 which as we described earlier is 7 not a polychlorinated biphenyl product. Page 2 1 A. All right. The next paragraph addresses, if 2 Aroclors are used at elevated temperatures, and suggests 3 if Aroclors in general are used at elevated temperatures 4 it gives the example such as 200 or 300 degrees centigrade 5 in open systems. 6 Q. Okay. 7 A. But the methods must be designed to exhaust any 8 Q. Since this case is about PCBs, I'll represent to 9 you, I'll modify my questions so that we'll just talk 10 about the parts that would relate to PCB products. 11 A. That's fine. 12 MR. dimurO: i would note the witness is just 13 simply reading from T-3 and you're simply writing down 14 exactly what he's saying reading from T-3. 15 MR. TURET: That's Fine. 16 A. The next paragraph which is the third paragraph, 17 the first sentence says that if PCBs are spilled on the 18 skin, the skin should be washed with soap solution. And 19 the next sentence says that if a bum occurs from contact 20 with hot Aroclors which would include PCBs as well as 21 other materials, the bum should be treated the same as 22 any ordinary bum. 23 Q. (By Mr. Turet) So if PCBs are spilled on the 24 skin, the skin should be washed with soap solution. And 25 if a bum occurs from contact with hot Aroclors the bum 8 vapors. 9 Q. Okay. 10 A. It goes on to specify that this applies most 11 especially to the lower chlorinated Aroclors for which 12 experimental work on animals indicates that a maximum saf. 13 concentration of vapors in work rooms is in the range of 14 0.5 to 1.0 milligrams per cubic meter of air. 15 Q. May I use MG slash M cubed, just to 16 A. If you wrote that, I would understand what you 17 meant. 18 Q. Okay. So if Aroclors are used at elevated 19 temperatures in parenthesis such as 200 degrees or 300 20 degrees Celsius in open systems methods must be designed 21 to exhaust vapors. Applies especially to lower 22 chlorinated Aroclors for which experimental animals 23 indicates the maximum safe concentration of vapors in the 24 work room is in the range of .5 to 1.0 milligrams per 25 cubic meter of air? Page 26 Page 2 1 should be treated the same as an ordinary bum? 1 A. Yes. It goes on then to suggest that for more 2 A. Correct. The third sentence expands on that, 2 highly chlorinated Aroclors such as Aroclor 1268, the 3 both of those a little bit saying if there's Aroclor 3 allowable limit is about 10 milligrams per cubic meter and 4 adhering to a burned area -- 4 goes on to suggest that Aroclors of this type, meaning the 5 Q. Okay. 5 more highly chlorinated Aroclors are believed to be of a 6 A. -- it need not be removed immediately unless the 6 much lower order of toxicity. 7 treatment of the bum demands it. 7 Q. I don't write fast enough. 8 Q. Okay. 8 A. Just read it, it's right there. 9 A. And basically it says in which case use soap and 9 Q. Okay. p 10 water or repeated washings with a vegetable oil. 10 A. And then thfefuaal paragraph;suggests-that-where;,,, , , 11 Q. So that's if there is Aroclor adhering to a 11 Aroclor vapors may he encountered in the work rooms local 12 burned area it need not be removed immediately unless the 12 exhaust ventilation together with general work room 13 treatment of the bum demands it, in which case use soap 13 exhaust is recommended. 14 and water or repeated washings with a vegetable oil. What 14 Q. So where Aroclor vapors may be encountered in 15 is the next -- 15 work rooms local exhaust and ventilation together with 16 A. The next statement I believe is significant. It 16 general work room exhaust is recommended? 17 says at ordinary temperatures Aroclors have not presented 17 A. Yes. 18 industrial toxicological problems. 18 Q. Let's just staple this and mark it as an exhibit 19 Q. (By Mr. Turet) And by ordinary, does that mean 19 and we'll leave it in front of you. I think you'll see 20 room temperature? 20 why in a moment. 21 A. Yes, or maybe a little warmer than room 22 temperature. Could be, I mean temperatures typically, 21 MR. TURET: Can we mark this as T-6? 22 MR. DIMURO: T-6 was the handwritten document of 23 that could occur environmentally, so it could be higher 24 than at room temperature. 23 Mr. Turet. 24 (Exhibit T-6 was marked for identification by 25 Q. Okay. Next. 25 the reporter.) ____________ Page 25 - Page TOWOLDMONOQ51333 DR. KALEY Condenselt! TM MARCH 3. 199 Page 29 1 MR. TURET: Based on Dr. Kaley's comments from 2 this section dermatology and toxicology; is that fair? 3 A. That's fine. 4 Q. (By Mr. Turet) Now, let's put that one aside 1 A. Okay. Page 3 2 MR. TURET: Can we go off the record for just 3 one second? 4 (A discussion was held off the record.) 5 and move on to the next document that's been marked as 6 T-4, 1 believe it's PL-311. Now on the cover, this is the 7 best copy that counsel was able to supply, this is the 5 Q. (By Mr. Turet) Why don't we pick up where we 6 left off. We were looking at Exhibit T-4, Technical 7 Bulletin PL-311, the toxicity and safe handling section 8 second copy, and it's difficult to read. There's a stamp 9 on it that says revised April something. Can you make 10 that out? 11 A. Well, unfortunately the one I can't make out is 8 which is Page 12. Dr. Kaley, let's go through quickly, 9 you have the list we put together from the last 10 application data bulletin, let's see which things are and 11 are not included in this version of PL-311. You see the 12 probably the most important. It's April 19 something 2. 13 I don't know what the third digit is. I hesitate to 14 guess. 15 MR. DIMURO: We don't want you to guess. 16 Q. (By Mr. Turet) Let me turn your attention to 17 Page 13 of it. And I think you'll see there a line that 18 you described before, there's a line that says WFW. Would 19 that be Walter Waychoff? 20 A. I have no idea. 21 Q. And it says 4/62? 22 A. Yes. 23 Q. Does that indicate what the date of this 24 revision was? 25 A. From what I've seen on the previous documents, 12 first sentence that at ordinary temperatures Aroclor have 13 not presented industrial toxicological problems. Would 14 you agree that's No. 6 from the last list? 15 A. I'll agree with that. 16 MR. DIMURO: Mr. Turet's list. 17 MR. TURET: So the record is clear, your 18 objection about my having written the list is on the 19 record. 20 MR. DIMURO: It's your list. It's No. 6 on your 21 list. 22 MR. TURET: It is my list, my handwritten list 23 based on Dr. Kaley's comments. And unless we have to put 24 that back and forth every time we refer to the list -- 25 MR. DIMURO: That's fine. I also want him to Page 30 * agv- ^ 1 that would indicate the date is April 1962, yes. 1 have T-3 in front of him with your list on his comments. 2 Q. Let's go back to the page before it, the 2 The only comment I was making is that he was looking at 3 toxicity and safe handling section. 3 No. 6 on your list. It's your list. You wrote it, it's 4 MR. DIMURO: Just a point of clarification, if I 4 your list. 5 may ask Dr. Kaley one question. Dr. Kaley, can you tell 5 Q. (By Mr. Turet) Dr. Kaley, let's go through 6 from this date whether it's, the section was done in '62 6 PL-311, which is the one that's in front of you. 7 or there's a by line after the section. I notice it's not 7 A. Yes. 8 at the bottom of the document, so which are you saying, 8 Q. Is the first sentence about at ordinary 9 are you saying the section may be ' 62 or -- 9 temperatures contained in the previous section on toxicity 10 the WITNESS: My conclusion based on this 10 and safe handling? . . .. .. . . .. _ . ,, .... . 11 document and what other documents would be, my conclusion 11 MR. DIMURO: Previous section of which . 12 would be the whole document is. I understand the point 12 document? - ' ' 13 you're trying to make, and I don't know specifically the 13 Q. (By Mr. Turet) The list that is in front you 14 answer as to whether it is only that page, that freight 14 that was derived from application data bulletin O-P-l 15 15 classification page or the whole document. But I've not 15 marked as T-3. : . 16 seen it in this form with the specific initials you 16 A. Yes. . 17 suggested it's somebody's name, that is the difference. 17 Q. The next section which begins, the hazard of 18 And Mr. -- I don't know specifically, Mr. DiMuro's 18 potential toxic exposure varies with the volatility, the 19 suggestion may be correct. It may only be this page, but 20 I don't know for sure. 19 lower chlorinated more volatile ones prevent more of a 20 potential problem from the standpoint of both inhalation 21 Q. (By Mr. Turet) Given it's part of the document, 21 and skin contact. Is that also contained in the Exhibit 22 at a minimum we know it's on or around April of '62? 22 T-3? 23 A. That's correct. 24 Q. Let's go back to the page before, the toxicity 23 A. Those exact -- 24 Q. The substance of it. 25 and safe handling. 25 A. Yes, the substance is included, yes. ________ Page 29 - Page . TOWOLDMONOQ51334 DR. KALEY Condenselt! MARCH 3. 199* Page 33 1 Q. And the next sentence that begins when Aroclor 2 compound and ends with work room exhaust, is that also Page 3 1 and toxicology in general. And the second includes a 2 separate section for inhalation. 3 included within Exhibit T-3? 3 Q. (By Mr. Turet) And for skin contact? 4 A. Yes. 4 A. And for skin contact, yes. 5 Q. The next paragraph vapor of the liquid Aroclor 5 Q. Now moving into the skin contact section. First 6 compounds at room temperature should not be breathed in a 6 one relates to a Schwartz patch test on 200 volunteers 7 confined space and no vapor of any Aroclor compound 7 shows Aroclor 1254 was neither a primary skin irritant or 8 evolved at elevated temperatures should be allowed to be 8 a sensitizer. Was that also in the last exhibit, T-3? 9 dispersed into the general work room; is that also 9 A. It was in less specificity, but that addressed 10 included? 10 skin patch tests, yes. 11 A. I would say there's a little bit of difference. 11 Q. And the next sentence beginning continuous or 12 Certainly the elevated, the vapor of elevated temperatures 12 repeated skin contact with the Aroclor compounds must be 13 should not be allowed to be dispersed into the general 13 avoided by the use of gloves and protective garments 14 work room is worded a little differently because the 14 because of the possible occurrence of a condition called 15 previous documents says if there is Aroclor vapors in a 15 chloracne. Was that included within T-3? 16 work room the general work room exhaust is recommended. I 16 A. No, that does not appear to be in the previous 17 think the thought is the same, the wording is a little 17 document. 18 different. 18 Q. The next sentence says although reports of this 19 Q. And in Exhibit T-3 they referred to elevated 19 condition caused by Aroclor compound are rare, it can be 20 temperatures in open systems? 20 produced by excessive skin contact. Was that included 21 A. Yes. 21 within the last toxicity section? 22 Q. And this one is talking about vapors evolved at 22 A. There was no discussion of chloracne in the 23 elevated temperatures in general in the general work room? 24 A. But - 23 previous document. 24 Q. And the final sentence in this paragraph, if any 25 MR. DIMURO: Object to the form. You can 25 Aroclor compound is spilled on the skin, the skin should Page 34 Page 3 1 answer. 1 be washed in a usual manner with a soap solution. Is that 2 A. All I would say is that only in an open system 2 included in the last technical bulletin we looked at, T-3? 3 would the vapors be allowed to be dispersed, so if it was 3 A. Yes, it is. 4 a closed system, there wouldn't be vapors. So whether 4 Q. And the final paragraph down below, there's a 5 there's an open system, the fact that the second document, 5 reference to, well, is that the same substance that was 6 T-4, discusses not allowing them to be dispersed by 6 communicated in the last one? 7 implication suggests they're open systems. So if any 7 A. That's pretty much the same words, yes. 8 difference, it's just in wording. The meaning is the 8 Clearly, the thought is the same. 9 same. 9 Q. Let's put that one aside. 10 Q. (By Mr. Turet) Now, on the Exhibit T-3 which 10 MR. DIMURO: Which one?-,--.- .... 11 we've been through, there was the sentence that applies 11 MR. TURET: -T-4. - Exhibit pl, it's technical 12 especially to lower chlorinated Aroclors for which 12 bulletin pl-311 T-4, and move onto T-5 which is -- ' 13 experimental work on animals indicates the maximum safe 13 MR. DIMURO: Just to let Dr. Kaley know, if you 14 concentration in the work room is in the range of .5 to 14 need to look at T-4 it's here. ...... . . . 15 1.0. Is that also contained in Exhibit T-4? 15 Q. (By Mr. Turet) And T-5 indicates at the top, 16 A. Yes, there may be various minor wording changes 16 Monsanto Trade Literature Permanent File. Is that the 17 but, yes, it's essentially the same. 17 same one you're looking at? 18 Q. And then that's all under the section labeled 18 A. Yes. 19 inhalation; is that correct? 19 Q. Now looking at the end of that document, 20 A. Yes, it is. 21 Q. And was there similar a breakdown of sections in 20 Dr. Kaley, the second to the last page, there's a similar 21 line that we saw in the last one that says 1/2/68. Does 22 the last bulletin to your knowledge? 22 that indicate the date of this publication is January 2nd 23 MR. DIMURO: Speaking about T-3? 24 MR. TURET: Yeah, T-3. 23 1968? 24 A. I'm not sure about that. And the reason I say 25 A. No. The second one or the first was dermatology 25 that is below the Bates number there's another Page 33 - Page TOWOLDMONOQ51335 DR. KALEY Condenselt! TM MARCH 3. 19c Page 37 1 designation, another series of numbers near the end. It 1 Page 3 A. I believe it's, on my copy it's the next to the 2 says 0668 dash something. Based on my experience with 2 last page. And I see that designation, yes. 3 other documents, that would suggest to me that document 3 Q. And does this indicate to you that this document 4 may have been a June 1968 document. So I would agree that 4 was created on or about January of 1968? 5 based on what I can see in this document, it was issued 5 A. I have the same comment, if you look to the 6 sometime in 1968, but I don't know which of those 6 other series of numbers under the Bates stamp, the last 7 particular numbers addresses the correct month. 7 numbers say in my reading of this 0568. That might 8 Q. Okay. You'll find the toxicity and safe 8 indicate to me it was produced in May 1968. So I would 9 handling section on Page 18. 9 have the same comment. It appears it would be a 1968 10 A. Yes. 10 document, but I can't designate the month as I sit here. 11 Q. And I think you'll also find actually, if you 11 Q. As you look at the document we just put aside 12 look at the technical bulletin we just put aside, which 12 which is T-5 which had the same designation at the bottom 13 was T-4 and put them side by side, rather than going 13 and you look at the toxicity and safe handling section 14 sentence by sentence, do you see any differences that are 14 side by side -- 15 significant? 15 A. Could you direct me to a page? 16 A. I took the opportunity at the break to compare 16 Q. Page 18 in the document we looked at. 17 the two. I see a very minor wording difference at the end 17 A. I've got that open. 18 of the third paragraph under inhalation. It's basically a 18 Q. Page 50, it looks like Page 50 in this one. 19 rearrangement of words. Those are the only differences in 19 A. Yes, I have that. 20 a quick reading that I saw. 20 Q. After looking at it. I'm going to ask you 21 Q. Which rearrangement of words, just so I'm 21 whether the toxicity and safe handling instructions are 22 following with you, the threshold limits? 22 the same in both technical bulletins. 23 A. Well, if you look at the last sentence, the 23 MR. DIMURO: T-5 and T-7? 24 threshold limits for an 8 hour working day set by the 24 MR. TURET: Correct. 25 American Conference of Government Hygienists are 1.0 25 A. I finished a cursory reading. Page 38 Page - 1 milligrams of lower chlorinated per cubic meter of air and 1 Q. (By Mr. Turet) Okay. And based on your reading 2 .5 of the more highly chlorinated such as Aroclor 1254 2 of the two toxicity and safe handling sections, would you 3 per cubic meter of air. 3 agree that they are the same? 4 The other document ends .5 to 1.0 milligrams per 4 A. Yeah. The only, again, there's the wording 5 cubic meter of air for the highly chlorinated such as 5 change that we talked about earlier is present in the last 6 Aroclor 1254, which is a rearrangement of the 6 line of Paragraph 3 under inhalation. 7 parenthetical phrase. 7 I would also note that this document in at least 8 Q. But that seems -- 8 one place specifically talked about Aroclor plasticizers 9 A. That's what I said. 9 versus Aroclor compounds which is consistent with the fact 10 Q. Other than that, the toxicity and safe handling 10 that it's a plasticizer bulletin. . ........... ..................... ... 11 sections of these two technical bulletins, T-5 and 4 seem 11 Q. And does that language appear, just going .. 12 to be the same? 12 quickly back to the document that was marked as T-3 which 13 A. They appear to be with my cursory reading, yes. 13 is the Aroclors physical properties and suggested 14 Q. And yesterday, we had a document marked as 14 applications ~ 15 Exhibit pr-5 which is Technical Bulletin O/PL-306 which I 15 MR. DIMURO:' Does what language appear? 16 would ask you to take a look at, and again, asking you 16 Q. (By Mr. Turet) Page 19, is there any reference 17 about two things, one, is see if there's anything in there 17 to its use as a plasticizer there? 18 that indicates to you what the date of the document is. 18 A. Well, the first paragraph talks about a skin 19 MR. DIMURO: Can you mark it? 19 patch test, talking about its use in a film, it says 20 MR. TURET: With a separate exhibit right next 20 plasticizer with Aroclor 1254, so there is some mention of 21 to it? Can you mark it as T-7? 21 plasticizer uses. 22 (Exhibit T-7 was marked for identification by 22 Q. Agreed, but this isn't the inhalation section 23 the reporter.) 23 which you pointed out. Is that the analogy to the last 24 Q. (By Mr. Turet) Specifically, if you turn to the 24 sentence you're talking about, Aroclor vapors may be 25 very last page, do you see the 1-2-68? 25 encountered in work rooms?________________ Page 37 - Page TOWOLDMONOQ51336 DR. KALEY Condenselt! TM MARCH 3. 199c Page 41 1 A. Yes. 2 Q. Now, you've look at a few technical bulletins, 3 as you sit here today, are there other technical bulletins 4 that relate to the Aroclors as plasticizers that offer 1 MCC, the statement that MCC considered that no Page 42 2 toxicological problem was presented is based on any 3 further follow up. I don't know the answer to that. The 4 test as I see it described, I would not necessarily call 5 different toxicity and safe handling instructions? 5 it toxicity testing. 6 A. Not that I'm aware of as I sit here right now. 6 Q. (By Mr. Turet) Okay. Would you agree though 7 (Exhibits T-8A and T-8B were marked for 8 identification by the reporter.) 7 that there was testing, there was taste testing done on 8 the beer that was manufactured in a tank that had Aroclor 9 Q. All right. We can put all those aside. Let's 9 1254 as a sealant? 10 mark this as T-8A and T-8B. They're two interoffice memos 10 A. Based on this document, yes, I would agree with 11 Bates numbered MAE 052506 to 508 and MAE 052509 to 512, 11 that. 12 and these are two interoffice memos from August 30th, 12 Q. And by MCC, that's Monsanto Chemical Company? 13 1949. 13 A. That's what it means to me. 14 A. Should I take time to read these or do you have 14 Q. And Monsanto in this document has concluded 15 specific questions? 15 there was no toxicological problems as a result? 16 Q. I will direct you. Do you, first off, do you 16 MR. DIMURO: I'll object to the form. You can 17 know what these two memoranda are? 17 answer. 18 A. Not specifically. 18 A. The term they use is considered in this, so I 19 Q. Is it a format that was typical within Monsanto 19 would go with the wording there, but yes, based on their 20 as a summary of toxicity for a particular product? 20 observation, there were no toxicological problems evident. 21 A. It's not a format I'm familiar with. 21 Q. (By Mr. Turet) Did Monsanto conduct any 22 Q. Now, on Page 2 of the exhibit, is it 7A? 22 toxicity tests other than this one that involved ingestion 23 A. 8. 23 of Aroclor 1254 as part of a finished product? 24 Q. I'm sorry, 8A, there's a paragraph, Paragraph F, 24 A. I'm not aware of any as I sit here. 25 there's a reference to a circular from P.G. Benignus to 25 Q. Did Monsanto conduct any toxicity testing that Page 42 Page 4 1 phosphate division salesmen describing the use of Aroclor 1 involved inhalation of pcbs from a finished product 2 1254 as a plasticizer for sealing cracks in glass-lined 2 containing 1254 as of 1949? 3 tanks used in the brewing industry. 3 A. In humans or animals? 4 A. I see that paragraph or designation. 4 Q. Either. 5 Q. Now what documents within Monsanto reflect 5 A. As far as I know, there was nothing done in 6 toxicity testing done on the use of Aroclors in a sealant 6 humans. I'm not sure, I would have to go back to some of 7 in the brewing industry? 7 the other documents you've shown me. I don't know whethe 8 MR. DIMURO: i'll object to the question. 8 the inhalation testing from the work done at the Kettering 9 A. Other than the documents that you're showing me 9 Institute in the ' 50's included any finished products, or 10 here, I know of no other documents that reflect that. 10 not as I sit here, I don't know the answer to that. It "' 11 Q. (By Mr. Turet) Okay. 11 may have. . ! " ", ...................... 12 A. We're looking at A and I'm referring to the 12 Q. Other than the; work done by the Kettering Labs? ` 13 first paragraph, or the designation number one on B which 13 A. As far as I know, no. . . 14 talks about sealant composition in beer tanks. 14 Q. Now down, as long as we're on 8B, there's also a 15 Q. Okay. And that's under oral ingestion of 15 section regarding dermatology orArdclorT254 in PVC. ' 16 Aroclor 1254? 16 A. Yes. : ' 'jr 17 A. Yes. 17 Q. And there's a reference to the free pvc film 18 Q. Does that confirm there had been some toxicity 18 plasticized with 11 1/2 percent of Aroclor 1254 and a 19 testing on oral ingestion involving Aroclor 1254 and 19 similar amount of dioctyl phthalate. Was that the skin 20 sealants? 21 MR. DIMURO: I'll object to the form. 22 A. I would -- there had been a test done to 23 determine whether taste or odor could be detected in beer 24 when the sealants were used. I don't know whether -- I 25 certainly wouldn't call that toxicity testing, and whether 20 patch test to which you referred before in the technical 21 bulletin? 22 A. My understanding would be it would be the same 23 test, yes. I don't know that specifically, but certainly 24 the wording is similar enough and the experiment described 25 is similar enough I would assume they were the same test. Page 41 - Page TOWOLDMONOQ51337 DR. KALEY Condenselt! TM MARCH 3, 199( 1 yes. 2 Q. When was this particular skin patch test Page 45 1 2 A. I see that. Page 4 Q. What was the discussion taking place back in 3 conducted or any skin patch test by Monsanto that included 4 a free PVC film? 5 A. I don't know the answer to that. Obviously, 3 1952 between Dr. Newman and the sales department and wit; 4 certain customers that related to the problem of Aroclors 5 and toxicity? 6 sometime before 1948 so -- I believe the patch testing was 7 done in the late '40's. I don't know a specific date as I 8 sit here. 6 A. I would have to, assuming that that information 7 is in the document, I would have to read the document. I 8 can't answer that without taking time to read it. 9 Q. Did Monsanto conduct any other patch testing on 9 Q. Okay. If you want to take the time to read it, 10 a finished product that contained Aroclor 1254 as a 10 please feel free. 11 plasticizer as of 1949? 11 A. Is the answer to that question in here? 12 A. Not that I'm aware of. As I sit here, I don't 12 Q. I'm not sure. 13 know. 14 (A short break was taken.) 13 A. All right. I've read the document, or read it 14 quickly. 15 MR. TURET: Why don't you mark this as T-9. 15 Q. Would you agree, Dr. Kaley, that the enclosures 16 (Exhibit T-9 was marked for identification by 16 or excerpts are various technical bulletins of Monsanto 17 the reporter.) 17 Chemical and Monsanto Chemical Limited? 18 MR. TURET: And for the record, T-9 is a 18 A. Yes, I would. 19 document Bates numbered MAE 052497 through 501. It's a 20 December 4th, 1952 memo. 21 Q. (By Mr. Turet) Dr. Kaley, there's a reference 19 Q. That relate to PCBs orAroclors? 20 A. Yes. 21 Q. And does that help you to understand what the 22 in the first paragraph to Dr. Newman. Was Dr. Newman a 22 problem that's being discussed between Dr. Newman, the 23 medical director of Monsanto abroad, Monsanto Chemical 23 sales department, and certain customers was with regard to 24 Limited or Monsanto Europe? 24 certain Aroclors and toxicity? 25 A. I don't know. 25 A. I would only be able to surmise, but it appears Page 46 Page 4 1 Q. Do you know who H.R. Newman was up at the top? 2 Was that the same Dr. Newman? 1 to have something to do with customer inquiries about 2 toxicity of Aroclors. Other than that, I don't have any 3 A. I don't know specifically. 4 Q. Do you know who Dr. J.A. Gardner, Fulmer, was? 3 specific information and really can't glean anything from 4 this document. 5 A. No. 5 Q. Okay. On the top of Page 2, Mr. Harden states 6 Q. Do you know who Mr. D.V.N. Hardy of Fulmer was? 6 that he would sum up his reaction to the question of 7 A. I have heard Mr. Hardy's name, yes. 7 toxicity by saying the risks had been exaggerated in some 8 Q. Who is Mr. Hardy? 9 A. He was an employee of Monsanto Limited, that's 10 all I know. 11 Q. Do you know whether he had specific 12 responsibilities related to toxicity? 13 A. I don't know that. 8 quarters. I'll ask you about the rest of that in a 9 minute. What does that mean, the risks have been 10 exaggerated with regard to Aroclors and toxicity back in 11 1952? : '' - - 12 A. I don't know what Mr. Hardy was addressing. 13 Q. And what is meant by common sense precautions 14 Q. Do you know if he had any responsibilities 15 related to occupational medicine? 16 A. I don't know specifically. 14 such as one would fake in handling most organic chemicals 15 are all that is required? 16 A. To me, that would mean use the precautions such 17 Q. Okay. And how about M.L. Harden, H-A-R-D-E-N, 18 the author of this document? 19 A. Don't know specifically. 20 Q. Do you know generally? 21 A. No. I would assume since he's writing on 22 Monsanto Limited stationary he's an employee, but other 23 than that, I don't know anything. 24 Q. You see the subject up at the top of the 25 document is Aroclors dash toxicity? 17 as exemplified in the attachments to this paper. 18 Q. And so the common sense precautions are the ones 19 set forth in the toxicity and safe handling sections of 20 the different technical bulletins? 21 A. Yes. 22 MR. DIMURO: Referred to in T-9, is that what 23 you're referring to? 24 A. Those attached to T-9. My reading would be he 25 was attaching those as the kind of common sense Page 45 - Page TOWOLDMONOQ51338 DR. KALEY Condenselt!TM MARCH 3, 199 Page 49 1 precautions that ought to be taken. 2 (Exhibit T-10 was marked for identification by 3 the reporter.) 4 Q. (By Mr. Turet) Okay. Dr. Kaley, you're being Page 5 1 A. That would have been one of the functions of 2 that department. The name's changed through the years and 3 it's hard to really define without asking him 4 specifically. But certainly, by the title of that 5 shown a document that's been marked as Exhibit T-10, Bates 6 numbers MAE 033722 through 734 which is an interim report 7 on Aroclor in gases. 8 A. Yes. 9 Q. Now, Dr. Kaley, isthis interim report a form 10 which you're familiar? 11 A. Not specifically, no. 12 Q. Are you, is it fair to say that an interim 13 report was an interim research report produced within 14 Monsanto back in the 1953 time period? 15 MR. DIMURO: I'll object to the form. 5 department, that would be one of the responsibilities for 6 that group of people. 7 Q. (By Mr. Turet) Okay. As you flip ahead to the 8 page in this report that says No. 1 at the top -- 9 A. All right. 10 Q. -- and asI think you'll see in the introduction 11 section, would you agree that Dow Chemical Company 12 expressed an interest in 1953 in using Aroclors as a 13 plasticizer in paint, siyrene Latex paint systems? 14 A. Yes. 15 Q. Would you agree also that Monsanto's plastics 16 A. I think that's a fair conclusion, yes. 17 Q. (By Mr. Turet) And on Page 2 of the document 18 that you're being shown -- 19 A. Right. 20 Q. -- you'll see research department phosphate 21 division Anniston, Alabama? 22 A. Yes. 23 Q. Anniston, Alabama was one of the Monsanto 24 facilities where PCBs were manufactured, correct? 25 A. That's correct. 16 division in their Springfield laboratories had done some 17 testing on the vaporization of PCBs out of paint? 18 MR. DIMURO: I'll object to the question. You 19 can answer. 20 A. The document says the plastics division 21 Springfield laboratory indicated that the use of such 22 paints under certain conditions had been tested. It 23 doesn't necessarily say they did the testing, but they're 24 certainly aware of some testing. 25 Q. (By Mr. Turet) So it was either done by them or Page 50 Page 5 1 Q. There's a list of 18 copies that were 1 someone else that they were monitoring? 2 disseminated within Monsanto. Do you see that? 2 MR-DIMURO: Objection. 3 A. Yes. 3 A. Or that they were aware of the testing. I don't 4 Q. Actually 16, and one of the recipients is Emmet 4 know whether they were monitoring them or not. 5 Kelly, the medical director at Monsanto at the time; is 5 Q. (By Mr. Turet) Let me refer you ahead to Page 2 6 that correct? 6 under the references section. There's a Monsanto Chemical 7 A. Correct. 7 Company plastics division confidential report on Aroclor 8 Q. And Paul Benignus wasanother who we saw earlier 8 Vapor in Air from Paints. Is that -- does that help in 9 referred to in one of the documents? 9 concluding whether there were or weren't tests performed? 10 A. Yes. 10 A. There was never any doubt the tests were. . 11 Q. Now, are any of the other gentlemen on this list 11 performed. This indicates to me that Monsanto had some 12 ones you recognize as having been involved in either 12 direct involvement. It could mean they did the testing, 13 toxicity matters or medical department matters? 13 or in this case, they had some role in seeing that testing 14 A. No. Then again,I wouldn't characterize 14 was undertaken, yes. - 15 Benignus necessarily as being involved in those. He was 15 Q. If it's a confidential report done based on ' 16 primarily involved in marketing. He was not a part of the 16 research and it's a confidential Monsanto Chemical Compan 17 medical department, so Dr. Kelly's the only one that I do 17 report, does that confirm the testing was done in-house as 18 recognize as being specifically involved in the medical 18 opposed to outside the company? 19 department. 19 A. No, not necessarily. 20 Q. Now, on the letter you saw earlier today, the 20 Q. Have you seen the document, this report on 21 1947 letter signed by Paul Benignus, it says product 21 Aroclor vapor in air from paint? 22 development department. Was the product development 23 department one which considered new uses for existing 22 A. I don't know whether I seen this specific 23 document or not. I don't have a specific recollection of 24 products? 25 MR. DIMURO: i'll object to the question. 24 seeing this document. 25 Q. Okay. Now, up -- in the back in the ______ _____ Page 49 - Page : TOWOLDMONOQ51339 DR. KALEY Condenselt! TM MARCH 3, 199` Page 53 Page 5: 1 introduction section, there's the statement that for this 1 is it fair to say there was a level that was recommended 2 reason Dow is dubious about the use of Aroclors for this 2 for the vapors of PCBs in the air that was included in the 3 application. Do you see that? 3 technical bulletins on behalf of Monsanto? 4 A. I see that. 4 A. Yes. Based upon Monsanto's testing, there had 5 Q. And this, for this reason they're talking about, 5 been some discussions and estimations of safe maximum 6 it's referring to the findings of the plastics division 6 levels as the term is used in this particular document. 7 that vaporization occurred from paint; is that right? 7 ACGIH adopted those levels. They're still in use today, 8 A. Yes. It's referring to the fact that under the 8 so, yeah, there was some, based on that testing, there was 9 conditions of the test the use of the paints in enclosed 9 some awareness of what were accepted maximum levels, 10 areas under certain conditions, and I don't know what 10 whether those were -- well, I won't say anymore. 11 conditions those particularly were, resulted in Aroclor 11 Q. And back in 1953 accepted levels were 1.0 12 concentrations above some accepted safe maximum limit for 12 milligrams per cubic meter for the lower chlorinated 13 continuous exposure, yes. 13 Aroclors and .5 milligrams per meter cubed for Aroclor 14 Q. Now, this was, this report relates to further 14 1254; is that correct? 15 research that was being done by Monsanto on the use of 15 A. That's what they are today. I don't know 16 Aroclors in paint, correct, this isn't the same research 16 specifically how they were phrased back at that time, but 17 that was done in the Springfield facility, right? 17 that's the -- that's certainly ACGIH's recommendation. 18 A. Based on the introduction, and without having 18 Q. In the summary section, am I understanding this 19 read the rest of the report, it appears to be. And I 19 correctly that the plastics division had found 20 wouldn't call it research. It appears to be testing done 20 concentrations in the range of 1 to 5 milligrams per meter 21 to determine the concentration to which operators at the 21 cubed? Referring you specifically to the third 22 Anniston Plant are exposed. 22 paragraph. 23 Q. And what is the stated purpose of this further 23 A. I'm sorry, I'm going to take time to read this 24 testing that's being done at the request of the sales 24 summary just so I know everything that's in there. 25 department? If you look at the second paragraph, the 25 Q. That's fine. Well, is my understanding of this Page 54 Page 5 1 introduction -- 1 research correct that the plastic division of Monsanto had 2 A. I think the - 2 found levels of between 1 milligram and 5 milligrams per 3 Q. The sentence that begins -- 3 cubed meter of air -- PCBs based on the application of 4 A. Okay. This sentence that you're, I wouldn't 4 paint containing PCBs? 5 call it a stated purpose, but it appears based on the good 5 A. I'm sorry, point me to where you're referring 6 health of our workers at Anniston, if one could determine 6 to. 7 the Aroclor exposure to which they were exposed on a daily 7 Q. Two places. One is the last paragraph on Page 8 basis. That might give some basis for saying that, to 8 1. 9 determine whether the conditions under which the paints 9 A. All right. Yes. 10 were applied in the previous test were comparable to those 11 worker exposures. 10 Q And other is on Page 5. -- ....... ..... 11 A. Right. I remember that. I'm having trouble ............. 12 Q. So in other words, they were trying to do 12 sorting out what's in the plant and what's in the paint. 13 testing that would demonstrate that other, whatever the 13 Okay. Yes, it does say that the plastics division did 14 level of vapor, as it gets out of paints, it would not 14 report concentrations in the 1 to 5 milligrams per cubed 15 pose a threat to those who applied the paints? 15 meter range but certainly the context is important here in 16 MR. DIMURO: Objection. 16 that the author of this report is saying it's difficult to 17 A. I think they were trying to determine whether 17 believe those numbers are correct based on the results 18 the exposures that the workers were exposed to were above 18 they found in the testing at the plant. 19 or below what they determined in those rooms under those 19 And I might add at this point, those kinds of 20 specific testing conditions. It doesn't, I mean without 20 determinations in the 150's were very crude and difficult 21 knowing above or below, you can't draw the conclusion that 21 to do. There was hardly any way, I can't even imagine, as 22 you were drawing, that they pose no harm. They were 23 trying to see whether that information would be useful to 22 an analytical chemist, I can't imagine they were able to 23 do those kinds of measurements. So 1 think the conclusion 24 make some comparison to those levels. 25 Q. (By Mr. Turet) Well, back at this time, 1953, 24 he is drawing is entirely appropriate. 25 Q. Okay. But would you agree that that was the_______ Page 53 - Page TOWOLDMONOQ5134D DR. KALEY Condenselt! TM MARCH 3. 199- Page 57 1 results of testing that was performed at the time back in 1 and a final report? Page 5 2 1953? 2 A. Well, I think you've properly characterized the 3 A. That was the report of the -- from the people 3 difference. An interim report is obviously the report 4 who had done that testing, yes. 5 Q. And that was Monsanto's conclusions at the time; 4 along the way of a particular set of experiments. The 5 final report would be the conclusion of this set of 6 is that correct? 6 experiments. But a final report could certainly include a 7 A. That was what -- well, I don't know about 7 recommendation that further testing is necessary. 8 conclusion. That was the report from that particular set 8 Q. Have you seen a final report on the testing of 9 of tests, yes. 9 Aroclors in the air that's reflected in this interim 10 Q. Of Monsanto? 10 report from 1953? 11 A. Yes. 11 A. Not that I'm aware of. 12 Q. And these additional tests that are being done 12 Q. Did Monsanto prepare a final report? 13 in Anniston, Alabama, and I'll direct you to the 13 A. I don't know the answer to that as I sit here. 14 conclusion section of the report, found that the Aroclor 14 Q. Let me -- also, there was a question posed and 15 vapor concentrations are almost never below the 1.0 15 you indicated you didn't remember offhand what the 16 milligram per cubed meter level and often reach even 5 16 permissible level or recommended level was back in -- 17 milligrams per cubed meter of air; is that right? 17 A. I just don't remember how it was phrased, 18 A. That's what the report is in the plant, yes. 18 whether it was specific to Aroclors or not, but go ahead. 19 Q. And this particular report closed with the 19 Q. The fust document we looked at today that was 20 recommendation that more testing be done of the air where, 20 written by Mr. Benignus said that the permissible level 21 let me withdraw that. This closed with the recommendation 21 for Aroclor 1254 was .5 milligrams per meter cubed. This 22 that further samples of the air at the Aroclor plant be 22 would be T-2 on the first page. 23 done; is that right on, Page 5? 23 A. Well, that's a 1947 document referring to 24 A. Yes, the first recommendation is that air 24 Drinker work, but the time of this other work, 1953, my 25 sampling be continued to obtain more complete data. 25 understanding is it very well could have been the results Page 58 Page 6 1 Q. And the second recommendation was that Aroclor 1 from the Trion work were known and that ACGIH looked at 2 containing paint be obtained and applied so that the room 2 those levels and set new levels. So I wouldn't refer to 3 could be tested for vapors; isn't that right? 3 this document to determine what the acceptable levels were 4 A. Well, it says that they, yes, generally, yes, 4 in 1953. I would have to go back and check. 5 that they recommended a sample of the paint be secure and 5 Certainly, that's what this document says, but I 6 that that room be painted, that that testing be done to 6 don't know if those are the levels being referred to in 7 see if the earlier concentration report with that finding 7 the 1953 document. I'm not quibbling about the numbers. 8 could be duplicated. 8 Certainly, the OSHA numbers today, that .5 per meter cubed 9 Q. They wanted to know what the levels were going 9 for Aroclor 1254 and 1.0 per meter cubed for Aroclor 1242 10 to be when they applied PCB containing paint, correct? 10 are the acceptable levels. r. ...... 11 A. They had the original report which suggested 11 Q. And those are alsa the ones in-the.toxicity and : 12 what the levels were. The author of this report suggested 12 safe handling sections? 13 that it's difficult for him to conceive that could be 13 A. Yes. 14 correct. So he was, this recommendation was proposing an 14 Q. I just wanted it clear, there wasn't a sudden- . 15 experiment to see if those numbers, that result could be 15 blip up from .35 for 1-254 and coming back down or 16 duplicated. 16 something like that. 17 Q. Isn't it fair -- is it fair to say there is a 17 A. No. 18 difference between an interim report and a final report? 18 MR. TURET: Mark this as T-l 1, please. 19 A. Yes. 19 (Exhibit T-11 was marked for identification by 20 Q. And the final report includes all the data 21 leading up to the end of the set of tests? In other 22 words, there's no further testing that's recommended or 20 the reporter.) 21 Q. (By Mr. Turet) Dr. Kaley, you're being shown a 22 document that's been marked as Exhibit T-l 1 which is Bate: 23 that's to be done when you get to the final report? 23 numbers MAE 052485 and it's a September 1st, 1953 memo 24 A. I wouldn't say that's true at all. 24 from Elmer Wheeler. 25 Q. What is the difference between an interim report 25 A. Yes. _______________________ _______________ Page 57 - Page t TOWOLDMONOQ51341 DR. KALEY Condenselt! TM MARCH 3, 199 Page 61 1 Q. Now obviously Elmer Wheeler was in the medical 2 department back in 1953? 3 A. Yes, he was. 4 Q. And E. Mather at Ruabon, was he in the medical Page 6 1 the medical department of Monsanto, do not recommend the\ 2 be used in paints that might be applied in confined or 3 unventilated areas. And I recognize I'm not reading the 4 whole sentence, just focusing on that part, what testing 5 department of Monsanto abroad? 6 A. I don't know. 7 Q. Do you know who E. Mather was? 5 had Monsanto done as of September of 1953 with regard to 6 the use of Aroclors in paints in confined or unventilated 7 areas? 8 A. I've heard the name. Other than to say the 9 name, I can't really broaden that. 8 A. Other than the work we previously discussed, I 9 don't know of any additional. 10 Q. Okay. Up at the top in terms of recipients, 10 Q. So the plastics division in Springfield that we 11 it's addressed to some of the names we saw previously, 11 saw and the Anniston, Alabama testing, there's no other 12 Dr. J.W. Barrett, London. 12 testing you're aware of? 13 A. Yes. 13 A. Not as I sit here right now, no. 14 Q. He was the who authored Exhibits 8A and 8B I 14 Q. Now, there's, Mr. Wheeler specifically refers to 15 believe. No, it was addressed to him, pardon me. The two 15 this being a case of worrying about the exposure of 16 memorandum related to summary on toxicity on Aroclors. 17 A. Okay. I'll take your word for that. 16 painters who may apply such materials day in and day out 17 rather than worrying about those who might occupy the room 18 Q. Do you recognize any of the names up there as 19 being people who were involved in the medical departments 18 during or shortly after the paint had been applied. See 19 that? 20 of Monsanto's affiliates abroad? 21 A. No, I don't. 22 Q. In this document, this is -- there's a reference 20 A. Yes. 21 Q. Now I understand that the basis for worrying 22 about exposure to painters has to do with the testing that 23 to a Mr. Beauregard having asked the Monsanto medical 24 department to comment on a particular letter relating to 23 had been done. What is the basis for not being concerned 24 about those who might occupy the room during or shortly 25 Aroclor toxicity, if you look at the heading. 25 after? Page 62 Page 6 1 A. I see that. 1 A. Well, the maximum contaminant levels, and now 2 Q. First of all, who was Mr. Beauregard? 2 the OSHA TLV's or whatever, the threshold limit values or 3 A. I don't know. 3 whatever the proper term is for OSHA, apply to a level 4 Q. What was the substance of the letter that 4 which is acceptable for a worker to be exposed to five 5 related to Aroclors and toxicity back in 1953? 5 days a week on an eight hour day. So those limits are 6 A. I don't know. You're talking about the letter 6 specifically established to protect workers who are 7 referred to above or this letter? 7 exposed day after day to those kinds of levels. 8 Q. The letter referred to above. 8 By implication and more than that, by common 9 A. I don't know. 9 sense, if it's someone who was exposed to that kind of 10 Q. Do you know what the toxicity in Aroclors issue 10 level for a period of an hour dr day, there would be no 11 is that's referred to in this memo? 11 concern about the toxicity levels whatsoever because . 12 A. Not specifically. Without surmising from the 12 people can be exposed to levels similar to that over long 13 contents of this memo, I don't know. 13 periods, in fact, throughout their work career. 14 Q. Would you agree that at least in the last 14 Q. Doesn't this indicate that the medical 15 paragraph one of the toxicity issues being raised is focus 15 department has no concern about vapor levels in a room 16 on the use of Aroclors as plasticizers in the emulsion 16 that had already been painted with .Aroclors? - 17 paints? 17 MR. DIMURO: Objection. 18 A. Yes, I've read that paragraph. 18 A. Well, all I can say is what it says, and it says 19 Q. Okay. Would you agree that's one of the Aroclor 19 that the focus of the worry is on people who were painting 20 toxicity issues that's the subject of the memo, is the use 20 day after day in these spaces and not someone who happens 21 of Aroclors as a plasticizer in emulsion paints? 22 A. Well, it's more on a side to the memo than a 21 to be in the room for one day while it's being painted or 22 enters the room the day after it's painted and that's 23 subject to the memo, but it says they were watching the 24 use of Aroclors as plasticizers in emulsion paints, yes. 25 Q. Now, Mr. Wheeler states that we, referring to 23 their only exposure. So it doesn't address that. I 24 understand your question to be about people occupying a 25 room for some period of time after the paint was applied. Page 61 - Page f TOWOLDMONOQ51342 DR. KALEY Condenselt! TM MARCH 3, 199' 1 It doesn't address that. Page 65 1 Page 6 Q. Dr. Kelly states that in the second paragraph 2 Q. (By Mr. Turet) Was that a concern of Monsanto 2 that in painting a room we have found 1 to 2 milligrams 3 back in September of 1953, the exposure to people who 3 per day or so but after that the level drops down to 4 would be in a room painted with an Aroclor containing 4 nothing. Other than the two sets of studies that we 5 paint? 5 referred to already, the plastics division study or test 6 MR. DIMURO: Object to the form. You can answer 6 and the Anniston, Alabama test, are there any bases for 7 it. 7 that statement? 8 A. Based on the information available to Monsanto 8 MR. DIMURO: Objection. 9 and other people about levels in newly painted rooms and 9 A. Well, the Anniston, Alabama test was not 10 the conclusions or the statement of the worry here, I 10 painting rooms. It was looking at exposures to workers m 11 would say that Monsanto would not have particular worries 11 the operating plant. So with that exception aside, I know 12 about persons occupying that room that had been painted 12 of no other information other than the plastics division 13 after the paint had dried for any period of time. 13 test that would be the basis for this conclusion. 14 Q. (By Mr. Turet) And had it done any testing of 14 Q. (By Mr. Turet) Okay. And Dr. Kelly goes on to 15 the level of vapors that persisted beyond the initial 15 state their real concern is somebody would develop 16 application of the paint with PCBs? 16 hepatitis and then on questioning would recall that 17 MR. DIMURO: Object to the form. 17 perhaps he had been in a room painted with Aroclors and 18 A. I'm not aware of any specifically. But again, 18 that a jury might believe it if he claimed that the 19 the conclusions of the testing that the level in a newly 19 Aroclors had caused the liver damage, I'm sorry, caused 20 painted, confined room under the test conditions were at 20 the hepatitis. 21 or marginally above the accepted levels would certainly 21 A. Well, I don't see anything in here about a jury, 22 indicate once the paint dried, those levels would be well 22 but his concern as expressed in this document is that 23 below levels of concern from a worker point of view. 23 someone would become ill with hepatitis for some other 24 Q. (By Mr. Turet) Or an occupant? 24 reason than exposure to Aroclor, recall they smelled it in 25 A. Or occupant point of view, yes. 25 the room, and there might be some association by that. Page 66 Page 6 1 (Exhibit T-12 was marked for identification by 1 Q. I apologize, the jury comment is in a different 2 the reporter.) 2 document. I didn't mean to inappropriately suggest there 3 Q. For the record, the document marked as T-12 is a 3 was something there. I have no further questions on that 4 February 12th, 1954 memo from R. Emmet Kelly, M.D. Bates 4 one. 5 numbered MAE 052491. 5 (Exhibit T-13 was marked for identification by 6 A. Okay. I've quickly read that document. 6 the reporter.) 7 Q. Is it apparent from this document that Monsanto 7 Q. (By Mr. Turet) For the record, Dr. Kaley, 8 knew at least after February of 1954 that at levels of 7 8 you're being shown a document that's marked as Exhibit 9 milligrams per cubed meter exposure to Aroclors in the air 9 T-13, Bates numbered MAE 052484. It's a March 15th, 1954 10 there was some liver damage found? 10 Monsanto memorandum. . ' 11 A. In animals, yes. 11 A. Okay. 1 . - .. 12 Q. In animals? 12 Q. Now this is --' this memorandum is authored by an ' 13 A. Yes. 13 A.M. Ellenburg? 14 Q. Okay. And at least as of February of 1954, 14 A. Yes. :. 15 there was additional tests being done to determine whether 15 Q. Is that the same A.M. Ellenburg that was on that 16 lower levels could lead to liver damage in animals? 16 interim report we looked at before? 17 MR. DIMURO: Objection. 17 A. Presumably, I don't know. 18 A. There's a statement we are now running this at 18 Q. Dr. Ellenburg says the final report on the 19 lower levels, so the presumption would be that they are 19 problem of checking the concentration of Aroclor vapor in 20 doing whatever tests, similar tests to do whatever they 20 the air has been written and is now in the process of 21 did to determine 7 milligrams per cubed meter caused liver 21 being typed and from the next sentence, there's a 22 damage, yes. 22 reference back to the interim report we already looked 23 Q. (By Mr. Turet) Based on the timing of this, 23 at. 24 would that be the Kettering Lab testing? 24 A. Yes. 25 A. Without having -- I don't know. 25 Q. Was there a final report issued on the Aroclor_______ Page 65 - Page < TOWOLDMONOQ51343 DR. KALEY Condenselt! TM MARCH 3, 199s Page 69 1 vapor in the air following up on that interim report? 2 A. I don't know specifically. 3 Q. You haven't seen one? 4 A. No, not that I recall. 5 Q. Now Mr. Ellenburg also says no work has been 6 done since last October on the project but that the final 1 is sent to Mr. E. Mather at St. Louis? 2 A. Yes. 3 Q. You may remember he was listed as Ruabon 4 previously and they also sent the letter on to Elmer 5 Wheeler in the medical department in St. Louis? 6 A. Yes. Page 71 7 report was being based on information accumulated before; 7 Q. And it also went on to H. K. Nason? 8 is that correct? 8 A. Yes. 9 A. Yes, basically, that's correct. 9 Q. Andwho was H. K. Nason at the time? 10 Q. Now, here, Dr. -- Mr. Ellenburg says in 10 A. Again, a name Irecognize but I don't know what 11 Paragraph 3 that in connection with the use of Lustrex 12 Latex Paint containing Aroclor 1248 that the sampling 11 his role was. 12 Q. Now, I guess I'll -- I have not copied it and 13 operation shows that the concentration falls off in a few 13 attached it as an exhibit, but if you would prefer I do, I 14 days to a limit of less than 1 milligram per cubic meter 15 after a few days. Do you see that? 14 would be happy to do so. This which is a memorandum March 15 18th, 1954 from E. Mather sent down to J. W. Barrett and 16 A. With that particular Lustrex Latex Paint, that's 17 what the memo says, yes. 18 Q. Was there any comparable testing on paints that 19 contained Aroclor 1254? 20 A. I'm not aware of any. 16 others. If you'll look at the document that you just put 17 aside - 18 MR. dimuro: You're not marking this? 19 MR. turet: Well, we'll make a copy and do it if 20 you want me to, but I'm going to ask Dr. Kaley if he would 21 Q. Was there any comparable tests done on paint 21 agree that E. Mather in St. Louis forwarded on the 22 containing Aroclor 1260? 22 substance of the previous exhibit onto others at Monsanto 23 A. Not that I'm aware of as I sit here. 24 Q. Now, did the report or this testing follow the 25 air levels that existed after a drop below 1 milligram per 23 abroad. 24 mr. dimuro: He forwarded this? 25 mr. turet.- If you put them side by side. Page 70 Page 7 1 cubic meter? 1 A. This, the document you're not marking appears to 2 A. Based on the information available in this memo, 2 be a retyping or transcription of the T-13 and forwarded 3 there's no information that that would be the case. 3 to additional people, some of I guess -- some of whom, 4 Q. Down below, Mr. Ellenburg states the opinion 4 yeah, are in Europe. Yes, I will agree with that without 5 that with regard to the use of Aroclors in paint that each 5 specifically checking it word for word. 6 paint would have to be tested in a room and that if the 6 Q. (By Mr. Turet) I'll represent to you that it, I 7 odor is present then caution would have to be exercised 7 mean at least it starts with quotes at the beginning and 8 before the paint is distributed freely for household use. 8 ends with quotes at the end. I have not looked word for 9 Do you see that part? 9 word either. 1 ' 10 A. Yes, I do. 10 MR. DIMURO:; Whatever's there is there. 11 Q. And was any testing done by Monsanto on any of 11 A. They appear to be the same. .' 12 the individual types of paint containing a PCB product? 12 (Exhibit T-14 was marked for identification by ' 13 A. I'm not aware of what paints were out there, 13 the reporter.) 14 whether any were even being marketed at that point. 14 Q. (By Mr. Turet) Dr. Kaley, for the record. 15 Everything I've seen today on the documents you've shown 15 You're being shown- a document that's been marked as T-14 16 me that I know about would suggest this was all testing. 17 There was not necessarily any paints out there in the 16 which is Bates numbered MAE 052513 through 521. 17 A. Okay. 18 market. I think it expresses his opinion that based on 18 Q. And you'll notice that this is also authored by 19 these tests that you would continue to test any particular 19 D.V.N. Hardy who we've seen on several of the previous 20 material and the particular paint that it was suggesting 21 to be used in. 22 Q. So this is just theoretical testing, not based 20 exhibits. 21 A. Yes. 22 Q. And you'll notice as you, the substance of the 23 on actual uses of Aroclor in paint? 24 A. Not that I know of. 25 Q. Okay. Now up above at the top, you'll see this 23 this at the top is Aroclors dash toxicological 24 examination? 25 A. Yes. ___________ Page 69 - Page ' TOWOLDMONOQ51344 DR. KALEY Condenselt! TM MARCH 3, 199` Page 73 1 Q. And I think you would agree as you look at the 2 list of CC's they're many of the same names we keep seeing 3 in terms of Dr. Newman, Dr. Gardner and the addressee, 4 Dr. J. W. Barrett. 5 A. Yes, we have seen those names before. Page 7: 1 Monsanto or otherwise on animals being exposed to Aroclor 2 1254 vapors below 1.5 milligrams per meter cubed? 3 A. I'd have to go back and look at the Trion 4 publication or reports or whatever. I don't know as I sit 5 here whether it was lower or not. 6 Q. Now, would you agree that the substance of this 6 Q. All right. Well, on the second page of this 7 relates to the reports of the Kettering Laboratory that 8 related to a measurement of Aroclor 1254, I'm sorry, let 9 me withdraw that question. 10 Would you agree that this relates to a set of 11 reports that were issued by the Kettering Laboratory which 12 measured the toxicity of animals of prolonged exposure to 7 particular memo, Mr. Hardy essentially looks at the 8 results of the Kettering labs and his observations about 9 the safety factor of 10 and then compares it with the air 10 levels that had been found from paint that contained 11 Aroclor 1248. Do you see that? 12 A. Yes, I see that. 13 Aroclor 1254 vapors at a particular level? 14 A. Yes, I would agree with that in general. At 13 Q. The first full paragraph on Page 2 refers to 14 analytical work in a room painted with Aroclor 1248 15 least the first page, yes. 15 plasticized Lustrex Latex paint? 16 Q. And the level of Aroclor 1254 in the air that 17 those animals were exposed to is 1.5 milligrams per meter 18 cubed? 19 A. I'm sure there were other levels other than that 20 particular one, but it expresses that that level, 1.5 per 21 cubed meter there was slight or positive signs of injury 22 in test animals. 23 Q. And Monsanto was aware of the results of that 24 testing, correct? 25 A. Yes. . 16 A. Yes. 17 Q. Am I correct in saying that Mr. Hardy is 18 expressing concerns that at the levels of PCBs out of that 19 type of paint would exceed the levels that could be 20 extrapolated out of the Kettering study? 21 A. Well, expresses a concern is your words, but 22 certainly he is suggesting that the levels, based on that 23 testing, the levels in a room painted under the conditions 24 of the test with that particular paint could lead to 25 levels of .5 milligrams that can prevail for a month. So Page 74 Page 7 1 Q. In fact, was Monsanto a sponsor of that testing? 1 the document says what it says. 2 A. Yes. 2 Q. As you read -- you read the document now, do 3 Q. Now, Mr. Hardy, or Dr. Hardy, whichever he may 3 you -- 4 be, indicates that at least abroad there was a safety 4 A. I'm reading as we go along with the questions. _ 5 factor that was built in when extrapolating from animal 5 I wouldn't say I read the whole document, but go ahead. 6 toxicity to human toxicity. Do you see that part? 6 Q. Why don't you read to the end because I don't 7 A. Yes, I see that. 7 want you to misunderstand? 8 Q. Is ityour understanding at least as of that 8 A. Okay. I finished reading the document. 9 time period that that was the common practice abroad? 9 Q. Just to go back a step, I may have asked a 10 MR. DIMURO: i'll object to the form. 10 question that was dff baser On Page 2 what Mr. Hardy is 11 A. Other than what he says using the words 11 saying here is our own analytical work with a room painted 12 recognized practice to employ safety factor of 10, I don't 12 with Aroclor 1248 plasticizer Lustrex Latex paint, offers 13 have any further information on it. 13 evidence that Aroclor concentrations of the order of .5 14 Q. (By Mr. Turet) Would you agree that Mr. Hardy 14 milligrams per cubed meter could last for a month, and 15 states the observation in this memo, that taking the 15 that's separate from whatever study had been done by the 16 Kettering results one would have to apply an Aroclor 1254 16 plastics division in the U.S., correct? 17 air level of. 15 if one was assessing a safe level for 18 humans? 17 A. I don't know the answer to that. That very well 18 could be the same study. They're both Monsanto document. 19 MR. DIMURO: Is there a particular paragraph you 20 can direct him to? 21 A. Well, what he is saying is that based on that 22 recognized practice in, apparently in Europe that that 23 number would be at .15 milligrams per cubic meter, yes. 24 Q. (By Mr. Turet) Now, at least after this point 25 in time, August 1955, had any testing been done by 19 and it could very well be the same study. I just don't 20 know the answer to that. 21 Q. Mr. Hardy suggests that as of this date in 1955 22 there was no analytical technique that was able to 23 pinpoint with reasonable precision concentrations of PCBS 24 in the air below .5 milligrams per meter cubed, correct? 25 A. That's consistent with the point I made before,______ Page 73 - Page TOWOLDMONODE1 Bd.B DR. KALEY Condenselt! TM MARCH 3. 199^ 1 yes. 2 Q. So if the levels are .49, you don't get an Page 77 Page 71 1 States had already withdrawn that recommendation or never 2 made a recommendation to begin with, that's right. 3 accurate reading; is that correct? 4 MR. DIMURO: Objection. 5 A. You know, I don't know the -- how they were 3 Q. He specifically says that, well, okay, I 4 understand what you're saying. What documents are there 5 that reflect that Monsanto Chemical in the USA withdrew a 6 doing this, the method specifically, but .49 is completely 7 out of the range of region. The answer is you couldn't 8 tell the difference between .2 and .6. The lack of 6 recommendation for the use of Aroclors in paint? 7 MR. DIMURO: Objection. 8 A. Other than that, I don't know of anything 9 precision was such they had some comfort, at .5 that 9 specifically. But certainly, this one addresses that 10 anything below that, whether it was .4, to talk about the 11 second decimal place is beyond the "pale." It's a much 12 more gross lack of precision than the difference between 10 position. 11 Q. (By Mr. Turet) If there was a technical 12 bulletin. I'm sorry, did you finish. 13 .49 and .50. 14 Q. So the difference between .4 and .5 couldn't be 13 A. Yes. 14 Q. If there's a technical bulletin reference that 15 distinguished based on existing analytical methods, 15 recommends the use of a particular Aroclor PCB containing 16 reliably? 17 A. I don't know exactly. I wasn't there, 18 obviously, and I didn't mean that to sound smart. I don't 19 know exactly what they're talking about. I don't know if 16 plasticizer as an ingredient in paint, would you agree 17 that a withdrawal of that recommendation would be 18 necessary subsequently to make this sentence accurate? 19 MR. DIMURO: Objection. That goes beyond the 20 they meant they couldn't detect .4 or whether the 21 precision was so bad they couldn't tell .4 from .3. I 20 scope of the deposition notice. 21 A. Well, what the statement says is that apparently 22 don't know specifically, but certainly I will concur that 22 MCL, the English division, had a recommendation that 23 in the '50's the methods available to do vapor 24 concentration were very crude and it is not surprising to 23 Aroclors -- not that Aroclors might be used as 24 plasticizers in Lustrex Latex paints. In withdrawing that 25 me there were analytical difficulties measuring low levels 25 recommendation, they would be lining up with MCC, but I Page 78 Page 81 1 of PCBs in air. 1 don' t know that, whether that specifically means that 2 Q. So is it fair to say based on those limitations 2 they're lining up with MCC and not having a recommendation 3 on the analytical methods, that there was no way to 3 for these particular paints or with a more broad position 4 determine what the level that was going to persist into 4 of MCC, that PCBs should not be used in certain kinds of 5 the future would be? 5 paints. 6 MR. DIMURO: Objection. 6 It goes on to talk about in the document about 7 Q. (By Mr. Turet) Do you understand my question? 7 pva paints. I'm not sure exactly what pva is, and talks 8 A. Yes, I do. I think that's basically a 8 about ordinary paints, so there's a lot more going on in 9 reasonable conclusion. I think that's not inconsistent 9 the paint industry on the various different types of 10 with what he says, so -- 10 paints that I'm just frankly not aware,of .what the 11 Q. And farther down in this memo, Mr. Hardy also 11 difference between the Lustrex Latex is. Certainly, as he 12 expresses concerns about the idiosyncracy factor; isn't 12 goes on into the next paragraph he talks about ordinary 13 that right, down in the middle paragraph? 13 paints, the rate of volatilization will be greatly 14 A. Yes. 14 reduced, so there's some differences in the paint 15 Q. And what he's referring to there is the fact 15 formulations I'm not qualified or ab,le to speak about. 16 that the focus typically is on average humans as opposed 16 And I don't know of any other -- back to your 17 to someone that may have a heightened sensitivity to a 17 original question, I don't know of any documents where 18 particular chemical? 18 there's a recommendation or withdrawal of a 19 A. That's what he's referring to, yes. 19 recommendation, but I think based on this, you could make 20 Q. And all of those factors that we've talked about 20 the conclusion that MCC in America was not recommending 21 including the idiosyncracy factor lead him to address in 21 plasticizers for Lustrex Latex paints. 22 this memo the issue of whether Monsanto Chemical Limited 22 Q. (By Mr. Turet) Was not recommending Aroclor PCB 23 should withdraw its recommendation that PCBs be used as an 23 plasticizers as an ingredient in Lustrex Latex paints in 24 ingredient in paint, right? 24 of August of 1955? 25 A. Right. And especially since the MCC and United 25 A. Right.______________________________________________ Page 77 - Page i TOWOLDMONOQ51346 DR. KALEY Condenselt! MARCH 3, 199 Page 81 1 Q. And MCLis now revisiting the issue, deciding 2 whether or not to withdraw its recommendation? 1 2 Q. As an employee of Monsanto? A. Yes. Page 3 A. Yes. 4 Q. Now, you're right, in that last paragraph on the 3 Q. And you may want to read this one through. 4 A. Yeah, I am. Thank you. Okay, I've read it. 5 same page, Mr. Hardy refers to still having to examine the 5 Q. Okay. First off, would you agree with me that 6 position of Aroclors in ordinary paints. 6 in this letter Mr. Barrett is communicating that they are 7 A. Yes. 8 Q. By that he means examining the extent to which 7 very much concerned with the toxicology of Aroclors 8 particularly since their sales of Aroclors are just 9 the use of Aroclors in ordinary paints lead to PCB vapors 9 beginning to take off abroad? 10 in the room, correct? 10 A. That's I think a fair characterization of the 11 A. Presumably, yes. It's saying those exact 11 first paragraph, yes. 12 words. That would be a logical conclusion, yes. 12 Q. And down in the third paragraph, there's a 13 Q. And Mr. Hardy is also saying he would think in 13 reference to the chief medical officer, Dr. H.R. Newman. 14 that next sentence that because he argued previously that 14 Does that help in recalling who he was? 15 the rate of volatilization would be greatly reduced if it 15 A. I'll take the document's word for it that's who 16 was used in ordinary paints? 16 he was, so I'm willing to move forward with that. 17 A. Yes. 17 Q. And here in the aftermath of the Kettering Lab's 18 Q. Because that's the argument he made before, 18 results, Dr. Newman was coming to St. Louis to meet with 19 that's what he's saying? 19 Dr. Kelly who was medical director of Monsanto in 20 A. Yeah, right. 20 St. Louis, correct? 21 Q. By the rate of volatilization, we're talking 21 A. You're characterization of in the aftermath 22 about the rate at which PCBs are able to vaporize out of 22 sounds like it was a causal factor. I don't know -- he 23 ordinary paints, correct? 23 was coming to St. Louis. I don't know if it had anything 24 A. Yes. 24 to do with the fact that the Kettering Lab results had 25 Q. And get intothe air and create vapor levels? 25 become available or not. It could have been a side 1 A. Yes. 1 issue. But he was certainly coming to St. Louis. 2 Q. And Mr. Hardy is saying it now seems possible a 2 Q. Going to the paragraph before it, is it fair to 3 hazardous concentration could be attained in a room in 3 say that Mr. Barrett is saying they recently received the 4 which a large area is painted with Aroclor containing 4 results from the Kettering Labs which represents entirely 5 paint, correct? 5 new data on Aroclor toxicity? 6 A. That is basically what that sentence says, yes. 6 A. That's again a fair characterization of the 7 Q. Did Monsanto ever recommend to any of its 7 first sentence of that paragraph, yes. 8 customers that it not use Aroclor 1254 in paints due to 8 Q. And having read it, would you agree with me that 9 concerns about vaporization of the PCBs into the air? 9 the general sentiment from Mr. Barrett is results about -- 10 A. I don't know. 10 the results of the Kettering Lab .which is prompting the 11 Q. No further questions on that one. I'm going to 11 meeting of the medical director? 1 ." 12 take a quick break. 12 A. No, I would agreeTie's expressing certain -- it 13 (A short break was taken.) 13 might have been a normal yearly meeting and this was going 14 (Exhibit T-15 was marked for identification by 14 to be discussed there. Based on the term fortunately, I 15 the reporter.) 15 don't think it prompted it at all. . .. 16 Q. (By Mr. Turet) Dr. Kaley, I'm showing you a 16 Q. Now, Mr. Barrett is expressing particular 17 document that's been marked as T-15, a September 8th, 1955 17 concern because a very large proportion of their present 18 memorandum from J. W. Barrett. 18 sales of PCB containing Aroclors went to surface coating 19 A. Okay. 20 Q. And it's been addressed to H. K. Nason in 21 St. Louis? 22 A. Yes. 23 Q. Again he's, and you recognized him as 24 somebody -- 25 A. It was a name I knew, but didn't know a role. 19 uses; is that right? 20 A. That's what the document says, right. It says 21 it's important to us because of that reason, yes. 22 Q. And Mr. Barrett is suggesting to Mr. Nason in 23 St. Louis that additional toxicity testing be undertaken 24 on PCB containing Aroclors, is he not? 25 A. He's saying they are considering that, yes. He______ Page 81 - Page TOWOLDMONOQ51347 DR. KALEY Condenselt! TM MARCH 3. 199 Page 85 1 is saying they are considering it. 2 Q. And they're inviting input from St. Louis as to Page 8 1 particular applications containing Aroclor 1254; is that 2 correct? 3 whether to go forward? 4 A. Well, they're saying they would certainly 5 discuss it with St. Louis. I don't know if they're 3 A. I think that's a fair characterization, yes. 4 Q. And that's whether it's industrial applications 5 of one sort or another or painting? 6 inviting input. 6 A. Yeah. It certainly suggests if it's - I mean 7 Q. And Mr. Barrett goes so far as to say quite a 7 it does show applications could be painting, but I think 8 lot more data is needed and they're willing to go forward 8 the real distinction is industrial application or 9 and obtain it if you think that's a reasonable suggestion, 9 household or - so a consumer application. It would 10 doesn't he? 10 suggest -- I think this suggests you would do more careful 11 A. That's what the document says, yes. 11 testing and require lower limits of exposure for 12 (Exhibit T-16 was marked for identification by 12 households. 13 the reporter.) 13 Q. Was it the position of Monsanto back in 14 Q. I want to show you another document. Dr. Kaley, 14 September of 1955 that -- that it was to review each new 15 have you had, for the record, T-16 - for the record, T-16 15 Aroclor's proposed use from the point of view of 16 is a document that's been Bates numbered MAE 052494 16 determining whether it was going to be for industrial 17 through 495. It's a September 20th, 1955 memorandum from 17 exposure versus household exposure? 18 R. Emmet Kelly, M.D. Dr. Kaley, have you had a chance to 18 MR. DIMURO; Objection. 19 look at T-16? 19 A. Well, based on the contents of this memo, and in 20 A. Yes, I have. 21 Q. And would you agree that Dr. Kelly, the medical 20 general, to the extent that Monsanto knew about a 21 particular application, and that wasn't always the case, 22 director of Monsanto is responding to the memo from J. W. 22 but to the extent they were answering specific questions 23 Barrett that was marked T-15? 23 about specific applications, I think they would review the 24 A. Yes, I would agree with that. 25 Q. And Dr. Kelly offered apparently, it's 24 kind of information that Dr. Kelly discusses here. 25 Q. (By Mr. Turet) Mainly whether it's going to be Page 86 Page 8 1 Dr. J. W. Barrett, some general information about Aroclor 1 used in a household versus an industrial setting? 2 1254 and its toxicity? A. That would be one of the evaluation 3 A. Well, he certainly commented again on the considerations involved of that particular use, yes. 4 results of the determination of air levels. I don't know Q. What other consideration would go into the 5 that it's general toxicity -- I wouldn't characterize it evaluation of that particular use? 6 as general toxicity information but -- A. Whether the product performed appropriately, 7 Q. Okay. At least some of his comments related to what the purpose of the product was, and other various 8 Aroclors and toxicity? 8 uses. 9 A. Yes. 9 Q. What about -- how about a toxicity standpoint, 10 Q. And would you agree with me also that Dr. Kelly 10 putting aside whether it actually works well in a ' 11 goes on to state to Mr. Barrett that he doesn't see any 11 particular application, what consideration would there be 12 particular advantage in doing further testing on the 12 other than you mentioned industrial versus household? " 13 release of -- I'm sorry, further toxicity testing on 13 A. I think they would look at potentially the root 14 Aroclor 1254 at this time? . 14 of exposure and those types of considerations. That would 15 A. I would say that the sense is I don't know how 15 be one I think. ; 16 you would get any particular advantage of doing more 16 MR. TURET: Let's mark this as T-17. 17 work. That would suggest to me back to the previous memo 17 (Exhibit T-17 was marked for identification by 18 he's talking particularly about inhalation testing not 18 the reporter.) 19 toxicity testing in general. 19 Q. (By Mr. Turet) For the record, Dr. Kaley's 20 Q. Would you agree that what he's saying is he 20 being shown a document that's been marked as T-17, Bates 21 doesn't see any particular advantage in further inhalation 21 MAE 052486 through 489. And it is a December 6th, 1955 22 testing from Aroclor 1254? 22 memorandum from D.V.N. Hardy. 23 A. Yes. 24 Q. And Dr. Kelly specifically recommends he thinks 23 A. Okay. 24 Q. Now, again, Dr. Kaley, this is coming from the 25 the focus should be on testing air concentrations based on 25 same D.V.N. Hardy we've been seeing? _______ Page 85 - Page : TOWOLDMONOQ51348 DR. KALEY Condenselt! TM MARCH 3, 199< 1 A. Yes. 2 Q. And it's to Dr. J. W. Barrett? Page 89 Page 9 1 recommendation for a particular use of a chemical based on 2 toxicity? 3 A. Yes. 4 Q. And it relates to Aroclors toxicological 5 examination? 3 . A. I would think there were various ways of doing 4 this. I don't know how specifically this one may or may 5 not have been done. 6 A. Yes. 6 Q. What are the various ways of withdrawing a 7 Q. And it's addressed to Dr. Gardner and Dr. Newman 7 recommendation based on toxicity considerations? 8 and these others we've been seeing? 8 A. Just the decision of recommending the uses in 9 A. Yes. 10 Q. Now would you agree that according to this 9 product bulletins, there could have been a communication 10 to either salespeople or distributors to cease those 11 document that Dr. Kelly either had asked or was about to 12 ask the American Conference of Governmental Industrial 11 recommendations. There could have been communications 12 with customers, any number of ways of doing that. How it 13 Hygienists to increase the permissible level of Aroclor 13 was done here, I have no idea. 14 1254 to 1 milligram per meter cubed? 14 Q. So if one was to look at a technical bulletin 15 A. Again, question of words, but certainly the 15 that was older and a technical bulletin that was newer and 16 paragraph suggests that MCC and Dr. Kelly would be part of 16 the particular recommendation exists in the older one but 17 this and are going to submit the reports in support of a 17 doesn't exist in the newer one, that's an example of a 18 claim that those, that the two maximum permissible levels 18 withdrawal of a recommended use? 19 of concentration should be adopted, and the one for 20 Aroclor 1254 is 1 milligram per meter cubed. 21 Q. And by the way, in that first paragraph at the 19 MR. DIMURO: Objection. I think that's beyond 20 the scope of the deposition notice. You haven't related 21 anything to toxicity for the recommendations -- 22 end, there's a statement that Dr. Newman has discussed 23 with Dr. Kelly the significance of the Kettering results 22 MR. TURJET: This whole line of questioning is 23 intended -- 24 in relation to MCC thought and policy. 25 Is that a reference back to the meeting that was 24 MR. DIMURO: It needs to be put in those terms. 25 MR. TURJET: Let me rephrase the question then. Page 90 Page 9 1 about to take place with Dr. Newman coming over to meet 1 Q. (By Mr. Turet) So if one looks at an older 2 with Dr. Kelly? 2 technical bulletin that recommends a particular use of a 3 A. The times of the previous documents could 3 product and a newer technical bulletin that doesn't 4 suggest that that could be the case. I don't know that 4 recommend the use of that product, is that an example of a 5 specifically, but the timing is consistent with that. 5 withdrawal of a recommendation based on toxicity 6 Q. Now, on the second page, the second paragraph, I 6 considerations? 7 should preface it by saying there is a paragraph in 7 MR. DIMURO: i'll object to the form of that 8 between the first page and second page that talks about 8 question. I think it's an incredible hypothetical. 9 the Monsanto Chemical Company recommendations as to 9 A. My answer to that would be that a toxicity 10 toxicity levels. 10 consideration could have been one of- the reasons for that........ 11 Going into the next paragraph, it says that 11 recoinmendation no longer being: there, but there could have 12 there will be no impact on the Monsanto Company policy 12 been many others. 13 regarding the use of Aroclors in paints since Monsanto 13 Q. (By Mr. Turet) Fair enough. And where a 14 Chemical Company have long ceased to use the Aroclor for 14 withdrawal of a recommended use is based on toxicity 15 that purpose. 15 consideration, are those toxicity considerations 16 A. Yes. 16 communicated by Monsanto to its customers? 17 Q. Does that help you to recall whether at one 17 MR. DIMURO: I object to that question as also 18 point Monsanto recommended the use of Aroclors, PCBs 18 being beyond the scope of the notice because we're now 19 containing Aroclors in particular? 20 MR. DIMURO: Objection. 21 A. It doesn't help me recollect whether they did or 19 talking about general toxicity and not specific to PCBS, 20 but I will allow the Doctor to answer if he can. 21 A. I would think that would depend on a specific 22 not, but certainly based on this sentence, the fact that 22 case. I don't know there's a general answer to that 23 they've ceased recommending, it would suggest at one point 24 they did recommend it, yes. 25 Q. (By Mr. Turet) How does Monsanto withdraw the 23 question. If there was, I don't know. 24 Q. (By Mr. Turet) So it could be communicated to 25 customers or it might not be? ____________ Page 89 - Page TOWOLDMONnn.SI DR. KALEY Condenselt! TM MARCH 3. 19Q9 Page 93 1 A. That's probably a fair characterization, yes. 2 That's again generally speaking, that's not necessarily 3 specific to PCBs or anything. That was intended as a 4 general answer to a general question. 5 Q. Would your answer be any different if we focus 6 on PCBs? 7 A. Not necessarily, no. 8 Q. Is the answer the same or is it not the same if 1 objection. Page 95 2 A. I don't know. 3 Q. (By Mr. Turet) Are there any documents that 4 reflect the basis as its stated here for continuing to 5 offer Aroclors for use in paints by Monsanto Chemical 6 Limited? 7 A. Not that I'm aware of. 8 Q. Are there any documents that would form a basis 9 we're talking about just PCBs? 9 for concluding that risk is reduced by resorting to the 10 A. I think it's the same. 11 Q. Now, the second sentence of the same paragraph 10 use of more highly chlorinated Aroclors in paints? 11 A. Well, I think that that refers back, for 12 that we came out of on Page 2 says that Monsanto Chemical 12 instance, to the previous paragraph where it talks about a 13 Limited has continued to offer Aroclors for use in paints 14 on the basis that the evidence for rejection was slim and 13 more highly chlorinated Aroclor such as Aroclor 1268, 14 which I didn't really -- that substantiates my previous 15 the risk is reduced by resorting to the use of more highly 16 chlorinated Aroclors. Just to clarify, Aroclor 1254 is a 15 answer suggesting it has a much higher allowable limit and 16 therefore there would be less concern. In addition, it 17 more highly chlorinated Aroclor as the term is used at 18 Monsanto, isn't it? 17 would be less volatile so it's more likely for that to 18 reach that allowable limit. So I think we've seen in 19 MR. DIMURO: Objection. More highly chlorinated 20 than what? 19 other documents that similar argument posed in those exact 20 words, but to the extent we've seen them today, there are 21 A. That's essentially what my answer would be, that 22 in some consideration it could be a more highly 23 chlorinated or it could be a lower chlorinated depending 21 other documents that support that. 22 Q. You lost me on that. 23 A. Your original question was is there any other 24 on what you're comparing it to. It could go either way. 25 Q. (By Mr. Turet) Have you seen the term used 24 documents which support the contention the risk is reduced 25 by using highly chlorinated Aroclors such as 1268. As Page 94 Page 9( 1 within Monsanto highly chlorinated PCBs versus non-highly 1 stated in the previous paragraph, I think there are other 2 chlorinated PCBs? 2 `documents today which make that same argument, that 3 MR. DIMURO: I'll object to the form of that 3 Aroclor, because Aroclor 1268 is more highly chlorinated 4 question. 4 and has a higher limit, it might be more appropriate. 5 A. I don't know I've seen that specifically. I've 5 Q. Was it the position of Monsanto back in December 6 seen more highly chlorinated versus less chlorinated. 6 of 1953 that risk would be reduced by using a more highly 7 I've used those myself. 7 chlorinated PCB product in paint? 8 Q. (By Mr. Turet) What does that mean as you've 9 used it? 8 MR. DIMURO: Object to the form of the 9 question. 10 A. It's relative to what you're talking about. 10 A I don't know where you got,that date from. _ 11 Compared to Aroclor 1221, it's more highly chlorinated. 11 Q. (By Mr. Turet) That's the date of this letter. 12 Compared to 1268, it's less chlorinated. And I think in 12 A. I thought it was .1955. ~ '' . 13 some of the documents today, you see those differences. I 13 MR. DIMURO: You said'53. 14 think in some of the documents Aroclor 1254 has been among 14 Q. (By Mr. Turet) Let me restate the question. 15 those considered more highly chlorinated, but it certainly 15 A. That's fine. I wanted to be sure you were 16 talked about 1268 being the more highly chlorinated 16 looking at the same document. Now you'll have to read the 17 compared to 1254. So it depends on the particular context 17 question back, I'm sorry. 18 in which the discussion is being made. 18 Q. Do you want me to restate it again with the 19 Q. Let's go back to the question that what 19 right date? 20 documents reflect Monsanto Chemical Limited continued to 21 offer Aroclors for paints back in December of 1955. 22 MR. DIMURO: I'm going to object to that 23 question as being beyond the scope of the notice. 24 Documents pertaining to sale of Aroclors by Monsanto 25 Limited? I' 11 let you answer it Doctor, but note my 20 A. That would be fine. 21 Q. Was it the position of Monsanto back in December 22 of 1955 that the risk of volatilization could be reduced 23 by resorting to the use of more highly chlorinated 24 Aroclors in paint? 25 MR. DIMURO: Object to the form of the_____________ Page 93 - Page S TOWOLDMONOQ51350 DR. KALEY Condenselt! TM MARCH 3. 199S 1 question. Page 97 Page 99 1 more toxic than Aroclor 1242. And in another test with 2 A. The risk of volatilization, I mean that just 2 another end point, Aroclor 1254 might be more or less 3 following from the physical properties, I don't know if it 3 toxic than Aroclor 1242. 4 was a position or policy or not. I don't have any 4 And where I was really going was that if you 5 document which states that if that's what you're asking. 5 were to look at Aroclor 1268, my guess would be under any 6 Q. (By Mr. Turet) That is what I'm asking, but 6 conditions of tests Aroclor 1268 would be less toxic than 7 you're saying the general properties of the more highly 7 both of those other two materials. 8 chlorinated PCBs lead to that conclusion? 8 Q. Now in the last paragraph on this Page 2, 9 A. Right. They have very much reduced vapor 9 there's a reference to a recent decision by ICI to 10 pressures, yes. 10 discontinue their uses of Aroclors in ordinary paints. 11 Q. In fact, the next sentence says that was thought 11 Fair to say Monsanto was aware that ICI had ceased to use 12 to have the dual advantage of using a material of the; A, 12 PCB containing Aroclors in paints somewhere prior to 13 lower intrinsic toxicity; and B, lower vapor pressure. Is 13 December of 1955? 14 that consistent with what you were just saying? 14 A. Well, subject to the assumption that the 15 A. Yes, it is as a matter of fact, thank you. 15 Aroclors that they're talking about are PCB containing 16 Q. Now, just so I'm clear, what is vapor pressure 16 Aroclors which it doesn't state that, that's what the 17 exactly? 17 sentence says, yes. 18 A. Vapor pressure is a property which measures the 18 Q. Is it fair to say the entire letter -- 19 tendency of a material to evaporate or to move from the 19 A. The subject of this letter is polychlorinated 20 liquid phase or the solid phase into the vapor phase. 20 biphenyls, yes. 21 Q. So if one has a lower vapor pressure, it 21 Q. So when they're talking about the discontinuance 22 vaporizes more slowly? 22 of the use of Aroclors in ordinary paints by ICI, is it 23 A. That's correct. 23 fair to conclude from that that we're talking about PCB 24 Q. Now, the next sentence from Mr. Hardy says its 24 containing Aroclors? 25 now clear that toxicity increases with the degree of 25 MR. DIMURO: I'll object to the form. Page 98 Pngs 1 Q( 1 chlorination and that this effect may cancel or even 1 A. No, I don't agree with that. It may be fair to 2 outweigh the advantage due to decreased vapor pressure. 2 assume that. I don't know if it's fair to conclude that. 3 Am I understanding him to say there that higher 3 Q. (By Mr. Turet) Okay. Would you agree that -- 4 chlorinated PCBs are more toxic even though they may 5 vaporize more slowly? 4 MR. DIMURO: I've got to take this call. If you 5 wouldn't mind, Gerard will sit in for a moment. 6 A. That's what the sentence says. I would add 6 (Mr. DiMuro exited the deposition room.) 7 though that he is, he's basing that only on the two 7 Q. (By Mr. Turet) Now, would you agree that at 8 Aroclors that are being discussed here 1254 and 1242 and 8 least Mr. Hardy is expressing some concern after his 9 to the extent there's any intent to extrapolate to other 9 discussion about PCBs with ICI's decision to discontinue 10 Aroclors, I don't know what his thought would be, but I 11 would disagree with it. 12 It's my understanding he's only talking about 10 the use of Aroclors in ordinary paints? . . . 11 A. Well, without taking a lot of time to read it in 12 detail, I don't know that he's.expressing concern with 13 those two materials, but to the extent he's talking about 14 other materials, I'm not sure I would agree with what his 13 that decision. He's discussing that decision. 14 Q. Would you agree he's expressing that their 15 statement is. I do not believe the more highly 15 decision might also reflect the line that 'might be taken 16 chlorinated materials in most cases are less toxic. 16 by other customers at Monsanto? 17 Q. Is Aroclor 1254 more toxic than Aroclor 1242? 17 A. Yes, that's what that sentence says, that it's 18 MR. DIMURO: I'll object to the form of the 19 question: 20 Q. (By Mr. Turet) I'm trying to understand what 21 you said a moment ago. 22 A. Okay. Under the conditions of this particular 18 an indication that that line might be taken, yes. 19 Q. And would you agree also that Mr. Hardy sugges 20 that ICI's decision was influenced at least in part by 21 information received from the medical director at 22 Monsanto, Dr. Kelly? 23 test, the inhalation toxicity test, where they were 23 A. It says that, yes. 24 looking at liver damages and end point, the results of 24 Q. And Dr. Kelly's comments included the statemer 25 this test would suggest that Aroclor 1254 was slightly_______ 25 on Page 3 that it is our belief that at room temperature Page 97 - Page 1C TOWOLDMONOQ513S1 DR. KALEY Condenselt! TM MARCH 3, 199f Page 101 1 not enough can get into the air to cause any trouble. 1 Page 10.' Q. (By Mr. Turet) Are there any documents still in 2 A. That's what it says, yes. Under the conditions 2 existence which reflect this exchange of letters between 3 that he discussed, I mean, you know, if it's not being 3 Dr. Kelly and Id? 4 sprayed etc., etc. 4 A. Not that I'm aware of. 5 Q. Aroclor fumes at room temperature very probably 5 (A lunch break was taken.) 6 would not present any hazards, right? 6 (Exhibit T-18 was marked for identification by 7 A. Right, but mist or spray is another problem 7 the reporter.) 8 entirely and that's the basis for the recommendation. 8 Q. (By Mr. Turet) Okay. Now, Dr. Kaley, for the 9 Q. Now - 9 record you're being shown a document marked as Exhibit 10 A. Let me just clarify to be sure we're both -- 10 T-18 which is Bates numbers MAE 051971 and it's dated 11 what I'm saying is, it is Dr. Kelly's express belief that 11 November 14th, 1955. Dr. Kaley, the person who has signed 12 vaporization of PCBs at room temperature would not give a 12 this memorandum. Jack Garrett, he was a member of the 13 high enough level into the air to cause any trouble. 13 medical department back in 1955? 14 Q. When used in paint? 14 A. That's correct. 15 A. Well, that's what this discussion is based on. 15 Q. And this is directed to a gentleman at the 16 It doesn't say that specifically, but that's basically the 16 Krummrich Plant? 17 source of discussion, yes. 17 A. Apparently, yes. 18 Q. And based on all this discussion by Mr. Hardy, 18 Q. And the Krummrich Plant was the St. Louis plant 19 including the reference to ICI to discontinue the use of 19 of Monsanto where PCB was manufactured? 20 Aroclors in paint, there are some recommendations which 20 A. Actually, it's across the river from St. Louis 21 Mr. Hardy makes at the end. Do you see them? 21 in Sauget, but generally it's the St. Louis area plant, 22 A. Yes. 22 yes. 23 Q. And those recommendations are that Monsanto 23 Q. And Department 246 is the portion of the plant 24 Chemical Limited continues to sell Aroclors for use in the 24 where the PCBs were manufactured? 25 manufacture of paints based on chlorinated rubber, right? 25 A. Based on what I think is correct, and this memo, Page 1Q2 P--a- -apJ 1 0 1 A. Yes. That very specific kind of paint which I 1 I would agree with that. 2 think there was specific advantages for, yes. 2 Q. Now, in this document -- let me withdraw that. 3 Q. And also continue to sell Aroclors for 3 Would you agree that the medical department is 4 production of paints intended for exterior application, 4 stating the opinion that eating of lunches should ho 5 correct? 5 longer be allowed as of November 14, '55 in the Department 6 A. Yes. 6 246 where Aroclors were manufactured? 7 Q. But all others, all other possible uses of 7 A. Again, it doesn't say no longer. It says should 8 Aroclors in paint are no longer recommended? 8 not be allowed. Presumably, that means it had been 9 A. That's correct, yes. 9 allowed before that, but I don't know that for sure. 10 Q. That would include for interior use? 10 Q. And Mr. Garrett lays out the.reasons for. . .. ........ 11 A. Yes. 11 .reaching that opinion. One of them is because Aroclor , 12 Q. Okay. Now, the only other thing, I'm sorry, I 12 vapors and other process vapors could contaminate the 13 skipped over this, Page 3 down at the bottom, one of ICl's 13 lunches unless they were properly protected. 14 comments in an apparent letter to Monsanto was that air 14 A. That's what item one says, yes. 15 saturated with cold Aroclor could be at or above the 15 Q. And did the krummrich Plant institute a policy ' 16 maximum permissible concentration; is that correct, you'll 16 in November '55 of soon thereafter that forbid the eating 17 see it goes on to the next page. 17 of lunches within the department? 18 A. That's what it says, but it would be very 18 A. Presumably so, but Ldon't know that to be a 19 difficult to saturate cold air with Aroclors. 19 fact. 20 Q. But that's what Monsanto is told by id, back 20 Q. Do you know for a fact that there was a 21 in- 21 prohibition against eating lunches in that department at 22 A. Under the specific conditions where the testing 22 some point in time? 23 created a saturated atmosphere, that is what the report 23 A. I think I seen that in a Krummrich document. 24 apparently said, yes. 24 I'm not positive of that, but I may have seen that. It 25 (Mr. DiMuro returned to the deposition room.) 25 sounds familiar to me. ________________ Page 101 - Page H TOWOLDMONOQ5135? DR. KALEY Condenselt! TM MARCH 3, 199< Page 105 Page 10' 1 Q. And so at least the medical department of 1 1961 document that referred to the possible detection of 2 Monsanto as of November '55 was aware that PCB vapors in 2 PCBs in chickens leading to chick edema? 3 the air could contaminate food products being eaten in the 3 A. Not that I'm aware of. 4 room? 4 Q. Okay. Had you seen this document before today? 5 A. Well, Arocior and other vapors. I mean they 5 A. I've seen this document, yes. 6 state that it's, you know, it's long been their opinion of 6 Q. And what did Monsanto do upon learning that 7 they shouldn't be eating in there, so it's not necessarily 7 there was going to be a study released in the Journal of 8 specific to PCBs. The policy is, you know, addressed on 8 Poultry Science showing that Arocior 1242 had seemingly 9 this particular document to the PCB department, but it 9 gotten out of paint and into chicken coops? 10 basically says they shouldn't be doing it in any process 10 MR. DIMURO: I'll object to the form. You can 11 department. 11 answer. 12 Q. And is that true because of toxicity 12 A. I'm not aware of any specific action. 13 consideration, that one does not eat lunch in a room where 13 Q. (By Mr. Turet) Did Monsanto do any testing of 14 there are PCB vapors? 14 its own to determine whether PCBs could get out of paint 15 MR. DIMURO: Object to the question. 15 as applied in chicken coops? 16 A. In the most general sense, yeah. I mean, I 16 MR. DIMURO: Objection to form. You can 17 think it's just, it's basically the fact that you 17 answer. 18 shouldn't be eating in a place where there's high 18 A. Not that I'm aware of, no. 19 concentrations of chemical due to manufacture, so 19 Q. (By Mr. Turet) Did Monsanto do any toxicity 20 arguably, yeah, I guess that has to do with toxicity in 20 testing on chickens to determine the ramifications of pcbs 21 the general sense. But I don't know if it has to do with 21 getting out of paint and into the chickens? 22 any specific toxicity. 22 MR. DIMURO: Object to the form. You can answer 23 Q. (By Mr. Turet) You mentioned high PCB vapors, 23 it. 24 but presumably Monsanto was following the recommendations 24 A. Monsanto, at some point did do toxicity testing 25 of this technical basis -- 25 on chickens, yes. Page 106 Page 10 1 A. Well - 1 Q. (By Mr. Turet) Was that in about 1969, 1970? 2 Q. Let me finish my question, to use exhaust to get 2 A. That's correct. - 3 rid of whatever vapors might be generated in the 3 Q. You're thinking the Industrial Bio-Test studies? 4 manufacturing process, correct? 4 A. Yes. 5 A. I was using high with reference to in an 5 Q. Were there any studies before the Industrial 6 industrial situation as opposed to a non-industrial 6 Bio-Test studies on pcbs in chickens? 7 situation. So whether they were using this, I'm sure they 7 A. Not that I'm aware of. 8 were using the controls to keep the levels within the OSHA 8 MR. TURET: Let's mark that 20. 9 guidelines, not OSHA at that time, but the ACGIH 9 (Exhibit T-20 was marked for identification by 10 guidelines at this time. I was really discriminating 11 against a non-industrial situation. The level certainly 10 the reporter.) - : -........ - . - -....... . 11 Q.' (By Mr. Turet^ For the record. Dr, Kaley, ... ... . 12 in the manufacturing department even if they're under the 12 you're being shown a document marked as T-20 which is 13 tlv's are going to be higher than they would be, you know, 13 dated October 23rd, 1961 and it's Bates numbered in 14 outside of the industrial manufacturing situation. 14 another matter PRR oi9i7i. Dr. Kaley, I'm sorry, have you 15 Q. One would expect? 15 skimmed it? .... 16 A. Almost guaranteed. 17 MR. TURET: Let's mark this as T-19. 16 A. I'm in the process of it. 17 Q. Let me know when you're done. 18 (Exhibit T-19 was marked for identification by 19 the reporter.). 20 Q. (By Mr. Turet) For the record, T-19 is a 21 document with Bates numbers MAE 053216 dated July 18, 22 1961. Dr. Kaley, who is Chuck Eby? 23 A. Eby. He was an employee that worked in our 24 Washington office at one point or another. 25 Q. Are there any documents before this July 18th, 18 A. Okay. 19 Q. Now, this is another memo from Chuck Eby in the 20 Monsanto office in Washington also to Howard Bergen in 21 St. Louis and this one refers to the fda again looking 22 into the issue of chick edema and having asked for samples 23 from Monsanto; is that correct? 24 A. I don't know about your characterization of 25 again, but it says they are -- they're hot on the trail of______ Page 105 - Page 1C TOWOLDMONOQ51353 DR. KALEY Condenselt! MARCH 3. 199` Page 109 1 a chlorinated compound X which is a causative factor of 2 chick edema. The FDA had been involved in studies of Page 11 l forwarded to Mr. Hunt and. I'm sorry, Dr. Hunt and Dr. Kelly in the medical department? 3 chick edema for some time and they actually in the second 4 paragraph -- 5 Q. Says he's back on the trail? 6 A. Okay. A. Yes. Q. Okay. Back to the document marked as T-21, that's document Bates MAE 053218, June 24th, 1964 memorandum from M. M. Johnson, M.D. 7 Q. Now, what had happened between July of 1961 and 8 October of 1961, had the fda looked into the issue of the A. Yes. Q. Now Dr. Johnson was a member of the medical 9 possible connection between PCBs and chick edema and department at the time at Monsanto? 10 abandoned that inquiry? A. I don't know the answer to that. 1 1 MR. DIMURO: Objection. Q. Given the first sentence - . 12 A. I have no idea. A. Presumably, yeah, given the first sentence, he 13 Q. (By Mr. Turet) Is there anything to your was certainly acting in Dr. Kelly's absence. So 14 knowledge that was reported between July of 1961 and 14 presumably he was, yes. 15 October of 1961 on the cause of chick edema? 15 Q. And this is addressed to J. M. Campbell at MCL 16 A. I don't know whether the O'Dell article had been 16 in London? 17 published. Without seeing it and seeing the date, I don't A. Yes. 18 know if it had been published in that time frame or not. Q. Who was Mr. Campbell if you know? 19 Other than that, I wouldn't know anything. A. I don't know. 20 Q. Just so I ask it to cover the whole time period, Q. Apparently Mr. Campbell, if I'm reading this 21 I asked you before whether Monsanto had done any testing correctly, had inquired as to Aroclors in regard to this 22 on PCBs in paint and the possible connection to chick 22 chick edema issue? 23 edema. Did Monsanto do any testing on or after October of 23 A. Apparently, so, yes. 24 1961 as to the ability of PCBs to get out of paint and 24 Q. In this document. Dr. Johnson refers to the 25 cause chick edema in chickens? 25 meeting of the Federation of American Societies for Page 110 Page 11 i 1 MR. DIMURO: Objection. You can answer it, 1 Experimental Biology in April of 1964 and a paper that was 2 Doctor. 3 A. Not that I'm aware of. 4 Q. (By Mr. Turet) Now, this document from Mr. Eby 5 suggests that Aroclors had been used as extenders or 2 presented there as to chick edema disease-like symptoms. 3 Do you see that reference? 4 a. Yes. 5 Q. What did the studies say? Let me withdraw 6 insecticides against roaches, etc. in the poultry field? 7 A. Yes. 8 Q. And was he correct in that regard? 6 that. 7 Did Monsanto know about the connection between 8 exposure to PCBs and development of chick edema 9 A. I'm not sure. My understanding has always been 10 there were investigations of the potential use for PCBs as 11 extenders, but those were either -- never occurred at all 12 or were never widely occurring. So I don't know whether 9 disease-like symptoms back in June of 1964? : 10 MR. DIMURO: Objection. . ____ _ . .. . 11 A. Presumably, they knew whatever they had learned.^ 12 from the O'Dell publication. That was mentioned in the 13 he's correct or not on that. That is not necessarily my 13 previous documents and they presumably had this document 14 understanding of the situation with PCBs as pesticide 15 extenders. 16 (Exhibit T-21 was marked for identification by 17 the reporter.) 14 and learned whatever was in there. 15 Q. (By Mr. Turet) And Dr. Hunt from the medical 16 department was at whatever that presentation was? 17 A. That's the conclusion that could be drawn from . 18 A. Yeah, that -- just to go back to that last, the 19 last paragraph suggests that it, and my understanding has 20 always been that the -- that investigations of that use 21 were by USDA, the Department of Agriculture, and in the 22 last paragraph of this previous document, T-20 is 23 consistent with that. Beltsville is the USDA laboratory, 24 yes. 25 Q. Okay. By the way, that document also was 18 this. Yes, well, yes, okay, that's correct. 19 Q. Now, Dr. Johnson states that Aroclors apparently 20 can produce some chick edema but are not nearly so potent 21 as the real chick edema factor. What was the real chick 22 edema factor that he's referring to? 23 MR. DIMURO: Objection. You can answer it if 24 you know. 25 A. It was some combination of chlorinated Page 109 - Page 1 TOWOLDMONOQ51354 DR. KALEY Condenselt! TM MARCH 3. 199 Page 113 1 "diabenzo" dash P dash dioxins and chlorinated diabenzo 2 furans. 3 Q. (By Mr. Turet) Is it fair to say as of June 4 24th, 1964 Monsanto knew that the dioxins and furans could 5 cause chick edema? 6 MR. DIMURO: Objection. 7 A. I'm not sure that I would have. I don't know as 1 T-22. Page 11 2 (Exhibit T-22 was marked for identification by 3 the reporter.) 4 Q. Dr. Kaley, you're being shown a document that's 5 been marked as Exhibit T-22 which yesterday was marked as 6 PR - 7 A. 3. 8 I sit here today at what date that identification was 8 Q. -- 3, and that is a January 26th, 1967 letter 9 made. I'm speaking from what I know today about that 10 factor, what they were calling factor X at FDA in the 9 from David Wood of Monsanto to George Buchanan of 10 Monsanto. 11 early ' 60' s when the final determination of the identities 11 Very quickly, Dr. Kaley, I just want to refer 12 of those materials was made, so -- 12 your attention to Page 2. You'll see a section that was 13 Q. (By Mr. Turet) Would you agree that the medical 13 underlined by someone whom I don't know, that's not in 14 department of Monsanto knew as of June 24th, 1964 that 14 connection with this litigation, that says Jensen, 15 Aroclors can produce some chick edema? 15 referring to the Swedish scientist, stated that he had 16 MR. DIMURO: Objection. 16 been approached personally by several workers and these 17 A. That's what the document says, yes. 17 workers were quite worried as to the possible effects on 18 Q. (By Mr. Turet) Is there some other date at 18 their health. What, if anything, did Monsanto do upon 19 which you know that, that Monsanto knew more about this in 19 learning that some workers had reported to Mr. Jensen, 20 connection between PCBs and chick edema? 20 Professor Jensen concerns about the toxicity of PCBs? 21 MR. DIMURO: Objection. 21 A. Well - 22 A. I'm not sure I understand your question. 22 MR. DIMURO: Objection. 23 Q. (By Mr. Turet) Well, in - 23 A. I mean, this is part of the start of a whole 24 A. I mean the answer is going to be no anyway, but 24 series of activities on Monsanto's part with regard to the 25 I don't know that I understand your question. 25 detection of PCBs in the Swedish environment. I don't Page 114 Page 11 1 Q. Let me ask it in a more open-ended way and maybe 1 know whether they did anything specific with regard to 2 I can refine it backwards. What did Monsanto know as of 2 this underlined statement or not. 3 1969 about any possible connection between exposure to 3 Q. (By Mr. Turet) Okay. I have no further 4 PCBs and chick edema? 4 questions on that one. 5 A. I don't think -- I mean there continued to be an 5 MR. TURET: This one is T-23. 6 occasional paper in the literature about chick edema. One 6 (Exhibit T-23 was marked for identification by 7 or more of those may have mentioned PCBs and referred back 7 the reporter.) 8 to the earlier data, but as far as I know, the O'Dell 8 Q. Dr. Kaley, you're being shown a document that's 9 paper and apparently this Federation of American Societies 10 for Experimental Biology papers, but I don't know of any 9 been marked as T-23. It's Bates numbered MAE 053518 dated 10 July 31, 1968. L- ' , " . .... .... V. ..." 11 specific studies on Aroclors and development of chick 11 A. Yes. ; 12 edema symptoms. 12 Q. Okay. This memo refers to an article that 13 Q. Do you know of any that happened after 1969? 13 appeared in the New Scientist Magazine in December 15th o; 14 A. Well, the Monsanto studies certainly indicated 14 '66; is that right? ' 15 that PCBs had some toxicity to chickens. I frankly don't 15 A. Yes. . . . ............ 16 recall if edema was one of the end points that was noted 17 in those chickens. 16 Q. And it's directed to the two members of.the _ 17 medical department, Dr. Kelly and Elmer Wheeler, among 18 Q. Did the Industrial Bio-Test toxicity tests on 18 others? 19 chickens include ingestion of PCBs as well as inhalation? 20 A. My recollection would be that it was ingestion. 21 I could be wrong. If you have other information, that's 22 fme, but I think they were ingestion. They were feeding 23 studies. 24 MR. TURHT: Mark this one as, actually, let me 25 see if we had it yesterday. Can we mark this one as 19 A. Yes. 20 Q. And specifically, would you agree with me when I 21 say that Mr. Paton is criticizing the article as being 22 biased and implausible? 23 A. He says it's most opinionated. 24 Q. Would you agree that Mr. Paton was belittling 25 the article? ____________ Page 113 - Page 11 TOWOLDMONOQ51355 DR. KALEY Condenselt! TM MARCH 3, 199( Page 117 Page 1P 1 MR. DIMURO: Objection. You've taken 1 Q. (By Mr. Turet) To give you a feel as to why 2 Mr. Paton's deposition. You've asked him about this 2 Monsanto has to protect themselves on this toxicity 3 document, and you're not going to ask Dr. Kaley to 3 question. Is that -- 4 interpret what Mr. Paton is saying. 4 A. That seems to be what it says, yes. 5 A. It's certainly not flattering. 5 Q. And the second sentence, would you agree that 6 Q. (By Mr. Turet) The theory which he expresses on 6 Dr. R.E. Kelly says burning of NCR paper a problem here 7 how pcb finds it way into fish and later humans proved to 7 along with all others? 8 be correct, didn't it? 8 A. That's what it says. 9 A. I have not read that article or recall reading 9 Q. And do you conclude that those two sentences 10 that article. I don't know what the theory it's 10 were intended to go together meaning that the burning of 11 propounding is. 11 NCR paper and the toxicity question are being linked in 12 MR. DiMURO: Also notice the article is not 12 this memo by Howard Bergen? 13 attached to T-20. 13 MR. DiMURO: Objection. 14 MR. TURET: As produced, it was not attached, 14 A. There is apparently some linkage, yes. 15 that's correct. 15 Q. (By Mr. Turet) And H. L. Minckler, was he an 16 MR. DiMURO: That doesn't mean you don't have 16 executive of Monsanto back in '68? 17 the article. 17 A. I don't know what his position was. 18 Q. (By Mr. Turet) Would you agree that the PCBs 18 MR. TURET: That's 25. 19 that made it into the waterways and made it into fish -- 19 (Exhibit T-25 was marked for identification by 20 withdraw the question. 20 the reporter.) 21 I have no further questions on that one. 21 Q. (By Mr. Turet) For the record. Dr. Kaley is 22 MR. TURET: T-24, please. 22 being shown a document marked as T-25 which is Bates 23 (Exhibit T-24 was marked for identification by 23 numbers MAE 053009. It's a January 14, 1969 memorandum 24 the reporter.) 24 from D. A. Olson of Monsanto? 25 Q. (By Mr. Turet) For the record, Dr. Kaley, 25 A. Yes. Page 118 Page 12 1 you're being shown an exhibit that's been marketed T-4. 1 Q. Dr. Kaley, this is addressed to a gentleman 2 It's Bates numbered MONS 072195, and I'm not quite sure 2 whose name I'm not even going to try to pronounce at mmk 3 what the month of this is. It appears to be 10 or 3 Tokyo. Do you have an understanding as to whether mmk was 4 12/24/68. Have you read it, Dr. Kaley? 4 Mitsubishi Monsanto Joint Venture back in 1969? 5 A. No. I'm having trouble reading the last three 5 A. I understand that was the case, yes. 6 lines. I don't know what they say. 6 Q. And that was a joint venture that was based in 7 Q. If I were to suggest to you it says Dr. R.E. 7 Japan? 8 Kelly says burning of NCR paper a problem here along with 8 A. I believe that's true, yes. 9 others and signed by Howard Bergen -- 9 Q. And in the first paragraph, when they're 10 A. I'll take your representation. Well, yeah, that 11 seems to be correct. It's certainly possible that's what 10 referring to the Bran Oilpoisoning incident,.is thatthe.,........ .. . i~ " 11 Yusho incident? ........... ; _ ......... 12 it says. 12 A. Yes. ' 13 Q. And what was the earliest that Monsanto 13 Q. Now D. A. Olson sent on some materials according 14 concluded that incineration of NCR paper would lead to the 14 to this memorandum to Mr. Hoshino? .; 15 release of PCBs into the environment? 15 A. I'll accept that. ; 16 MR. DIMURO: Objection. 16 Q. And he comments aboufrthe enclosures, there are , 17 A. I'm aware of no documents before that addressing 17 few regulations and little information on human toxicity, 18 this issue. And this doesn't necessarily refer 18 and he goes on to state that this is because we do not 19 specifically to the problem as you define it, so I don't 19 envision the use of Aroclor as either a direct or indirect 20 know specifically what Emmet may have talked about what 20 food additive and have little justification for the 21 the problem was. 22 Q. (By Mr. Turet) Would you agree the first 21 expense of the toxicity testing which would be required. 22 Dr. Kaley, was it the position of Monsanto that 23 sentence refers to Monsanto having to protect themselves 23 additional toxicity testing was not merited back in 24 on this toxicity issue? 24 January 1969 because the expense of the toxicity testing 25 MR. DIMURO: You're taking part of the sentence. 25 made it unnceccesary or unjustified? __________ Page 117 - Page Y TOWOLDMONOQ51356 DR. KALEY Condenselt! TM MARCH 3, 199( Page 121 Page 121 1 A. No. What that means is that if a material is, 1 unique incident that there might be governmental action in 2 if the intended use of a material is either as a direct or 2 Japan which would lead to someone deciding that pcb 3 indirect food additive, there is a very extensive battery 3 products in general were not suitable for heat transfer 4 of tests which were required and still are required by FDA 4 applications. 5 to be undertaken so that any material that was intended 5 Q. And this too was forwarded to Mr. Wheeler in the 6 for these uses had to undergo that battery of tests. 6 medical department, correct? 7 Since the Aroclor products were not intended to 7 A. He's on the cc list, yes. 8 be used in those kinds of applications, those tests would 8 (Exhibit T-26 was marked for identification by 9 not be necessary and you wouldn't do them if you weren't 9 the reporter.) 10 going to make an application for that food contact use. 10 Q. For the record, the document being marked as 11 Q. What types of tests would have been done if 11 T-26 is a March 3rd, 1969 letter from Elmer Wheeler of 12 Aroclor was intended to be a food additive back then as 12 Monsanto. It was marked yesterday as PR-6, i'll direct 13 opposed to an industrial chemical? 13 you to a couple of fairly specific spots if it would be 14 MR. dimurO: Objection. I'll note this question 14 helpful on Page 2. 15 goes beyond the scope of the notice. 15 A. Okay. 16 A. They were basically extractability tests. 16 Q. There is a statement by Mr. Wheeler that the 17 Q. (By Mr. Turet) What's an extractability test? 17 Swedish and American scientists had implied that pcbs are 18 A. You basically put the, you formulate the product 18 highly toxic chemicals and this is simply not true. Is it 19 that would be in contact with the food and put it in 19 fair to say that was Monsanto Company's position back in 20 contact with a variety of solvents to see how much of that 20 March of 1969? 21 material migrates from the -- for instance, the film of 21 A. Yeah, I think that whole paragraph is a fair 22 the can lighting into those various solvents. 22 characterization of Monsanto's position, yes. 23 Q. So that would be if it was going to, if it was 23 Q. That PCBs are not toxic unless they are 24 going to be contained in a paint that was going to come in 24 mishandled or misused? 25 contact with food, you would do extractability tests in 25 A. They're not highly toxic and they are not toxic Page 122 Page 12 1 order to get -- I haven't phrased that well. 1 unless they are mishandled or misused. 2 Extractability tests would be appropriate if the 2 Q. And, Dr. Kaley, would you agree that it would 3 finished product containing Aroclors were to come in 3 not be a mishandling or misuse for a customer to use an 4 contact with food? 4 Aroclor product as recommended in a technical bulletin put 5 A. If it was -- that was the intended use, yes. 5 out by Monsanto? 6 Q. Were extractability tests also done if the 6 MR. DIMURO: I'm going to object that this goes 7 finished product were to be in proximity but not touching 7 beyond the scope of the notice. He's here to talk about 8 the food? 8 toxicity, not uses of PCBs. Note my objection. You can 9 A. My understanding would be not necessarily, no. 9 answer it. 10 Q. And I know I've asked this generally, but we're 10 A. In general, I think that's a fair assumption, : . 11 talking about back in January of 1969, or can you -- 11 yes. , ! 12 A. Yes. 12 (Exhibit T-27 was marked for identification by 13 Q. If you need to broaden the tune frame, I'm not 13 the reporter.) 14 trying to focus you on -- 14 Q. (By Mr. Turet) Dr. Kaley, you're being shown a 15 A. I think that was the case then. And to my 15 document that's marked as T-27. .. 16 knowledge, that's still the case now. 16 A. Yes. 17 Q. So it was true in '69 and true in 1970 and 17 Q. And it was marked yesterday as PR - 18 thereafter? 18 A. - 4. 19 A. As far as I know. 19 Q. And it's a chronology that was signed by R.E. 20 Q. Now, down in the last paragraph, there's a 20 Keller of Monsanto at the bottom and I' 11 represent to you 21 statement that we, like you, are vitally concerned that no 21 he was deposed in this case and indicated it was his 22 governmental action in Japan be taken which would be 22 document. 23 harmful to Aroclor. And what does that mean, as to action 24 taken which would be harmful to Aroclor? 25 A. I think they were concerned based on this single 23 A. Okay. 24 Q. On the chronology which has been marked as T-27 25 on December 29, 1966, there's a reference regarding a______ Page 121 - Page li TOWOLDMONOQ51357 DR. KALEY Condenselt! TM MARCH 3. 199` Page 125 1 Widmark letter to somebody who's been blanked out of this 2 document dash Monsanto. Is there a document in the 3 possession of Monsanto today from Professor Widmark from 4 back in 1966? Page 12' 1 is probably not a toxicity study. I don't -- I'm not 2 aware of that specific study, but there's nothing in there 3 that says it would be toxicity, I don't know. 4 Q. On the next page there's an entry on May 3rd, 5 MR. DIMURO: I'm going to object because we 6 don't know if the name has been blocked out as you say or 7 if that's the way it was typed. Subject to that, you can 5 1968 that says Newell letter to Hunt. Dr. Hunt was the 6 medical department St. Louis, correct? 7 A. Presumably that's who that was addressing, yes. 8 answer the question. 9 A. I don't think there is such a letter. This may 10 be a mischaracterization of the exchanges around that time 11 frame. I don't know. I don't know of this particular 12 Widmark letter at that time, no. 13 Q. (By Mr. Turet) And this is the same Professor 14 Widmark from Sweden that participated with Professor 8 Q. And Dr. Newell was medical department in London, 9 correct? 10 A. I'm not sure of that. 11 Q. That was the chief medical director we had seen 12 earlier I believe. 13 A. I'll accept that as your representation. Newell 14 doesn't sound right. 15 Jensen in the Jensen and Widmark studies? 15 Q. It says -- I apologize it says Chairman 16 A. Yes. 17 Q. And down at the end you'll notice the little 18 entries that led to this letter, would like to work with 19 Monsanto toxicologists on problem. Did Professor Widmark 20 approach Dr. Monsanto about working with them on the 21 discovery of PCBs in Sweden? 22 MR. DIMURO: I'm going to object to the form of 16 Department of Agriculture and Environmental Toxicology. 17 A. Yeah, it was another name. 18 Q. What toxicological study, if any, was done back 19 around May of 1968 that was brought to the attention of 20 the medical department? 21 MR. DIMURO: I'll object to the form of the 22 question. 23 that question. You can answer. 24 A. I haven't seen documents which would 23 A. I have no information other than what's 24 presented here. And it says enzyme induction was 25 substantiate that. I don't know if that's true or not. 25 stimulated. Page 126 Page 12 1 Q. (By Mr. Turet) Did the Monsanto toxicologists 1 Q. (By Mr. Turet) What does that mean? 2 end up working with Professor Widmark on what's referred 2 A. Any material or most materials, all materials 3 to here as the chlorinated biphenyls problem? 4 MR. DIMURO: i'll object to that question also. 3 when introduced into an animal body, the body reacts to 4 those materials in some way. And one of the ways is that 5 You can answer. 6 A. Monsanto personnel certainly had discussions 5 enzymes are caused to be formed as a reaction to that 6 material being in the body. Typically, those enzymes help 7 with Dr. Widmark and/or Dr. Jensen. I'm not aware of 7 the body metabolize that material so it can be excreted or 8 whether any joint work was ever carried out, no. 8 dealt with. 9 Q. (By Mr.. Turet) Now, under the February 21, 1967 10 entry, the second one in particular, there's a reference 9 Q. Is there any toxicological significance to 10 finding enzyme induction? ,, ......... . _ 11 to Kelly letter to Wilde, no need to contact Swedish 12 people. What is that? 13 A. I don't know. 14 Q. Now, the October 21, 1967 entry Holmes, Simmons, 11 A. Well, certainly toxicologists are interested if 12 PCBs or other chemicals induce enzymes. That's a piece of 13 information that is useful to them. So to that extent, ' 14 yes, there is toxicological information. Enzyme induction 15 Tatton, is that a toxicity study? 16 A. Without looking at it specifically, I would say 17 no. I think it's just an occurrence of PCBs in the 18 environment study. I don't think there's toxicological 19 information in that paper as I recall. 20 Q. How about the November 2nd, 1967, there's a 21 reference to Richardson letter to Hardy confirmed by GC 22 slash mass Aroclor 1254 in eggs from a hundred parts per 23 million feeding studies confirmed Government Labs. Is 24 that a reference to a toxicity study? 25 A. Based on the information there, I would say that 15 does not necessarily'indicate toxicity or an adverse 16 effect as it is an effect, .. . . , 17 Q. Now, the notes here also under this same Newell 18 letter to Hunt suggest that Newell recommended tests in 19 corroboration with Monsanto rather than seek government 20 support. Is that an accurate reference, did whoever 21 Newell was approach Monsanto with a request to corroboratt 22 on toxicity testing? 23 A. I haven't seen that letter. I can't answer 24 that. 25 Q. And there's also a reference, medical department Page 125 - Page 12 TOWOLDMONOQ51358 DR. KALEY Condenselt! TM MARCH 3, 199` Page 129 1 recommended no action. 2 A. Again, I don't know whether that's the case or 3 not. 4 (Exhibit T-28 was marked for identification by 5 the reporter.) Page 13 1 relative basis it was higher to some species than others. 2 Q. (By Mr. Turet) Putting aside higher, would 3 Monsanto agree that PCBs were a high toxicity to certain 4 species? 5 A. I can't put aside higher. I don't know 6 Q. (By Mr. Turet) Dr. Kaley, for the record, 7 you're being shown a document that's marked as T-28 which 8 was also marked as an exhibit yesterday which is an 6 specifically what species they were talking about, whoever 7 wrote these notes nor what that person might consider to 8 be high, higher, low, lower. So you know, I'm not, I 9 October 2nd, 1969 report of the Aroclor Ad Hoc Committee. 9 can't say anything more than what I already said that 10 It's Bates numbered MONS 036720 through 732. This is a 11 document you've seen before today, isn't it, sir? 12 A. Yes. 10 certainly the toxicity is higher to some species than 11 others so -- 12 Q. What is this species that toxicity was 13 Q. Now, on the page that says No. 2 up at the top, 14 entitled probability of success -- 15 A. Yes. 16 Q. -- the ad hoc committee concluded that little 17 could be done to refute the identification of Aroclor 1254 13 established to be highest as of October of 1969? 14 A. Well, my recollection and based on this document 15 is certainly shrimp. Juvenile shrimp did seem to be 16 extremely more susceptible to the higher levels of PCBs. 17 I think that's one where Monsanto would agree that 18 and 1260 as a nearly global, in the first paragraph, as 19 nearly global environmental contaminant leading to 20 contamination of human food in parentheses particularly 21 fish, the killing of some marine species in parentheses 18 toxicity appears to be under the conditions of the test 19 higher in that species than for some other species. 20 Q. Is there any point at which Monsanto would agree 21 that there's such a thing as high toxicity to a particular 22 shrimp, and the possible extinction of several species of 22 species? 23 fish eating birds. Now was the position of Monsanto at 24 the time the same as the position of the ad hoc committee? 23 MR. DIMURO: I'll object to the form of that 24 question. 25 A. Well, number one, I think this is a draft 25 A. I don't think it could be answered in the Page 130 Page 13 1 report, so I'm not sure what the final report said, but - 1 abstract. If someone wants to give a definition of what 2 MR. DIMURO: And the question is, is the 2 high toxicity is, it may or may not fall within that 3 position of Monsanto the same as the position of the ad 3 range. 4 hoc committee with respect to this first, with respect to 4 Q. (By Mr. Turet) Now on Page 5 of the same 5 the sentence that you read? 5 report, fourth paragraph down, there is a statement made 6 Q. (By Mr. Turet) So their conclusion was that 6 in this report that it has also been recognized there 7 there was little probability that any action could be 7 could be vapor losses, but it was felt that these were of 8 taken that will prevent the growing incrimination of the 8 perhaps of less significance than the vapor losses in 9 specific PCB's near this global contaminant, etc.? 9 plasticizer applications. What were the vapor losses in 10 A. My feeling would be the specifics are somewhat 10 plasticizer applications that were envisioned in "this _ ' 11 overdramatized, but I think the general conclusion that 11 report? .. I'' ' '..... ............... ' ' 12 there's little can be done that's going to prevent the 12 MR. DIMURO: Objection. ' 13 growing incrimination is probably a general position, yes. 13 A. I don't know specifically. 14 Q. As of October of 1969? 14 Q. (By Mr. Turet) Did Monsanto know as of October 15 A. Whenever this draft was prepared, yes. 15 of 1969 that there were significant vapor losses from 16 Q. And down at the bottom, the notes indicate 16 plasticizer applications that were likely? 17 toxicity towards certain species is high. Was that also 17 MR. DIMURO: Objection. 18 consistent with the position of Monsanto at the time? 18 A. Well based on this document and I think other 19 A. Well -- 19 things we've discussed today, we understood that in 20 MR. DIMURO: I object. 20 certain applications there could be vapor losses on a 21 A. We've talked, it says toxicities relative, 22 nonspecifically what this person was talking about nor 23 what his definition of high was, and the words are there. 21 relative basis. Those vapor, whoever wrote this feels 22 that those vapor losses are potentially more. They use 23 the word significant, than the losses from other 24 And under some definitions, I assume that obviously PCBs 24 applications. I kind of lost where your question was 25 were more toxic to some species than others. So on a 25 exactly, but -- _____________ Page 129 - Page 12 TOWOLDMONOQ51359 DR KALEYCondenselt! TM____________________________________________________MARCH 3, lyyy Page 133 Page 135 ; i Q. I'm trying to 2 A. The word significance is used here. I don't 1 there. You showed me the document earlier where they 2 mentioned incineration of NCR paper. 3 know, again, that's kind of a relative term. It doesn't 3 Q. (By Mr. Turet) That's Howard Bergen? 4 say that they're of concern, it says they're of 5 significance. So whether there's more potential there, I 4 A. Yes, that handwritten note, so around the late 5 19601 s apparently there was some awareness that that could mean a nlasticizer annlication. I think a plasticizer 1 7 appl.lC3.llOn IS 03S1C311V ail Open application tumyaicu lu 6 be a potential problem. 8 applications like transformers or capacitors where they're | 8 that the date you're referring to? 9 closed, so certainly the potential for vapor loss is ! 9 A. I don't remember what the date on that document 10 higher and therefore potentially more significant, in the 110 was. '68, '69 time frame based on that document, if it 11 closed applications. 111 was 1968, and this one, it's a potential, it says a 12 Q. As of October of 1969, did Monsanto know whether 12 possible source, it doesn't say a source. So there was a 13 vapor losses could occur from surface coatings containing 13 recognition of the potential. 14 PCBS? 14 Q. What testing did Monsanto do to determine the 15 MR. DIMURO: Object to the form of the 15 extent to which PCBs escaped from products that were being 16 question. 16 incinerated? 17 A. I think they would certainly have known that 17 A. I'm not aware of any. 18 there was a potential at some level from some surface 18 Q. I have no further questions on that document. 19 coatings based on the results where they had looked at 19 (Exhibit T-29 was marked for identification by 20 paints, for instance, where they did, were able to measure 20 the reporter.) 21 vapor from paints where they were drying. 21 Q. Dr. Kaley, you're being shown a document that's 22 Q. (By Mr. Turet) You're talking about the ones we 22 been marked as Exhibit T-29 and was marked yesterday as 23 looked at earlier from the plastics division? 23 PR- 24 A. Yes. 24 A. 12. 25 Q. As of October of 1969, had Monsanto done any 25 Q. -- 12. It's the minutes of the meeting of the Page 134 Page 136 1 other testing to determine the extent to which vapors 1 corporate development meeting from November 17th, 1969. 2 escaped from surface coatings containing PCBs? 2 You'll notice, Dr. Kaley, that this is a three-page 3 A. Not that I'm aware of. 3 meeting minutes and then there's a whole attachment, PCB 4 Q. And as of October of 1969, had Monsanto done any 4 presentation to the corporate development committee, which 5 testing to determine the extent to which PCBs would escape 5 was produced together, but I recognize they're two 6 from finished products that contained PCBs? 6 separate documents. . .. 7 MR. DIMURO: Objection. You can answer it. 7 A. Okay. 8 A. Not that I'm aware of. 8 Q. Now, going back to I guess it's the second page, 9 Q. (By Mr. Turet) Now understand. I'm asking both 9 that is marked FIS 000891. 10 vaporized and escape in other media. 10 A. Yes. 11 A. As far as particular tests on what you're 11 Q. Now there's a reference to a plan of action . 12 calling particular finished products, I'm not aware of any 12 that's being presented to the corporate'development k____. 13 testing. 13 committee. . . 1 .. - 14 Q. Now, there's also in this last paragraph 14 A. Yes. '. . . " 15 references to possible sources of air environmental 15 Q. And there's a statement that in plasticizer uses 16 contamination from essentially, if I'm reading it 16 evidence is not available aS to whether Aroclors escape 17 correctly, incineration of materials that have Aroclors in 17 from end products either tfirough leaching or by dispersal ' 18 them. Am I reading that correctly? 18 in burning. : `. 19 A. Basically, yes. 19 A. There you have it, you already knew the answer 20 Q. And when was the earliest that Monsanto had 20 before you asked the question. 21 knowledge that PCBs could get out of finished products 21 Q. Does that confirm that Monsanto -- 22 that contained PCBs through incineration? 22 A. Based on the information presented in this 23 MR. DIMURO: Objection. 23 document, it appears it was still, the potential was still 24 A. I'm not sure what you mean by get out of, but I 24 known, but there wasn't specific evidence that that vapor, 25 don't know the specific date when that knowledge was . 25 or that loss occurred. Page 133 - Page 136 Towni nMOMnnci'i^Rn DR. KALEY Condenselt! TM MARCH 3, 199c Page 137 1 Q. And to your knowledge, was any testing done by 1 A. Correct. Page 13f 2 Monsanto to conclusively determine either leaching or 2 Q. (By Mr. Turet) The one that has the wax 3 dispersal in burning? 4 A. Not to my knowledge. 3 modification listed as potential source of vaporization 4 and it is an application for Aroclor 1254 and 1260, 5 Q. Flip ahead to the page that says FIS 001001. 5 correct? 6 A. Okay. 6 A. Just what the document says, yes. 7 Q. This is a chart in one of the materials being 7 Q. And again, there's no testing that's been done 8 presented to this corporate development committee. 8 by Monsanto to conclusively determine whether vaporization 9 A. Okay. 9 happened from wax modification of PCBs? 10 Q. And it refersto possible contamination 10 MR. DIMURO: Same objection. 11 sources. And although I recognize the copies that were 11 A. I'm not aware of such testing. 12 produced are a little difficult to read, I think you'll 12 Q. (By Mr. Turet) And the next one down is 13 see that there are a list of different applications and a 13 emulsion adhesives which also contained Aroclor 1254 and 14 list of different manners in which there may be 14 1260, correct? 15 contamination under the source column. And in that column 15 A. That's what the document says, yes. 16 that indicates as to whether Aroclor 1254 and/or 1260 are 16 Q. And source of potential contamination was 17 used in that application? 17 contact with product via packaging or incineration, is 18 A. Yes. 18 that- 19 Q. Now, under the first couple, there are 19 A. Yes. 20 references to coatings used from marine paints and water 20 Q. And again, to your knowledge Monsanto had done 21 tank linings and swimming pool paints. Do you see that? 21 no testing to conclusively determine whether contamination 22 A. Yes. 22 was occurring from emulsion adhesives with Aroclor 1254? 23 Q. And you see also in the far column these are 23 MR. DIMURO: Same objection. 24 applications for which Aroclor 1254 or Aroclor 1236 are 24 A. I have no knowledge of such testing. 25 used? 25 Q. (By Mr. Turet) And the last one, sealants, used Page 138 Page 14 1 A. Yes. 1 for automotive, I think it says construction although it'.' 2 Q. And source of potential contamination was 2 difficult to read. 3 leaching, correct? 3 A. I think it's transmission. 4 A. Yes. 4 Q. Okay. Or joint sealants? 5 Q. Now, so it's clear, at least as of November of 5 A. I think it's one word. I think it's 6 1969, those had been identified by Monsanto as potential 6 transmission joint sealants. 7 contamination sources, correct? 7 Q. Okay. 8 MR. DIMURO: Objection. Beyond the scope of the 8 A. Because I think that was one of the applications 9 notice. You can answer it. Doctor. 9 that I'm aware of, so I think it was transmission joint 10 A. As far as I can tell from this document, yes. 10 sealants. . 11 Q. (By Mr. Turet) Again, no testing had been done 11 Q. And that's an; application in which Afoclor 1254 12 by Monsanto to conclusively determine the extent to which 12 or 1260 was used? : 13 leaching occurred out of those coatings? 13 A. That's what this document says, yes. 14 MR. DIMURO: I'm going to object to the question 14 Q. And the potential contamination source was long 15 as being beyond the scope of the notice. I'm going to 15 term leaching? . ' 16 allow the Doctor to answer, but you're getting far field 16 A. That's what the document says. ' 17 of toxicity here. You're now asking if tests are 17 Q. And again, to your knowledge -- not to your 18 performed to determine leaching. I'll let him answer but 18 knowledge. Again, Monsanto had done no testing to 19 note my objection. 19 conclusively determine whether long term contaminate 20 A. Not that I'm aware of. 20 occurred from sealant that used Aroclor 1254? 21 Q. (By Mr. Turet) And the next item is carbonless 21 MR. DIMURO: Same objection. 22 copy paper, but it says is not an application which uses 22 A. I have no knowledge of such testing. 23 Aroclor 1254 or 1260, correct? 23 Q. (By Mr. Turet) Now if you would flip ahead to 24 MR. DIMURO: Same objection. You can answer 24 the pages, I guess it's Bates numbered at the bottom FI 25 it. 25 001012 number 3 at the top, this section specifically Page 137 - Page 1 TOWOLDMONOQ51361 DR. KALEY Condenselt! TM MARCH 3. 1999 Page 141 1 relates to terms of toxic or harmful effects from the 1 Page 143 A. I was going to say in quotes, the fact that he 2 presence of PCBs. 3 I think you'll find, if you go back to the 4 beginning, that there is a -- there's a reference to, here 5 you go, on the very first page of the PCB presentation, 2 has in it quotes suggests that maybe he didn't know what 3 it meant when.he said it. I don't know what the basis of 4 that is, what the end point is he's talking about. I 5 don't know. 6 I'll represent to you there's a statement that in a few 6 Q. (By Mr. Turet) Is it a term of art in the 7 moments Elmer Wheeler will describe the problem in 7 toxicological field to refer to a particular chemical as 8 detail. 9 A. Where are you? 8 moderately toxic? 9 A. There are a variety of classification schemes 10 Q. I flipped back to the beginning. I could tell 11 you were trying to look for the source of the document. 12 A. I was trying to get some idea of what it was 13 purported to be and who might have said it. 14 Q. There's reference at the beginning that Elmer 15 Wheeler was to be one of the presenters to the committee 16 that day, but let me direct you back to the document to 17 Page 001012. 10 that have been proposed from time to time or been used 11 from time to time. I believe that moderate is in some of 12 those schemes, but I don't know number one, whether 13 they're consistent with one another and what the specific 14 guidelines, the high and low toxicity of those might be, 15 so I don't have any specific information what this might 16 mean. 17 Q. I have no further questions on that document. 18 A. All right. 19 Q. And the presenter states that in terms of toxic 20 or harmful effects from the presence of pcbs, we can make 21 these statements supported by a growing amount of 22 toxicological research data. 18 (Exhibit T-30 was marked for identification by 19 the reporter.) 20 Q. Dr. Kaley, you're being shown a document that is 21 entitled possible customer questions on pcbs publicity 22 Bates numbers MAE 034803 through814. 23 A. I see that. 24 Q. The first one is Aroclors are not highly toxic 25 from an acute standpoint to man, animals, birds or fish. 23 A. Yes. 24 Q. And I'm going to direct your attention 25 specifically to the page that's numbered 034809. Page 142 Page 14; 1 Was that Monsanto's position as of November of 1969? 1 A. Okay. 2 A. Yes, I assume it was. It was so stated and 2 Q. Now, under toxicity,you'll see that there's a 3 that's consistent with my understanding, yes. 3 question posed if PCB is a danger to fish and birds, how 4 Q. Is it your understanding that that remained 4 about humans. And the answer, the amounts being found in 5 Monsanto's position throughout 1970 as well? 5 the environment are not considered a factor to humans or 6 A. I would agree with that, yes. Basically, I 6 fish. The whole question is on chlorinated pesticides 7 agree with it now. 7 relating to birds. Now was that the position of Monsanto 8 Q. Did that remain Monsanto's position all the way 8 as of January of 1970? 9 through, the notice goes through the end of 1985? 9 MR. DiMURO: Objection. - 10 A. As a -- basically, a general assessment, I think 10 A. Based on this document,T,think that's probably, 11 that's true. I think we talked earlier and I think I saw 11 I mean whoever wrote this, that's their representation. I 12 something in here, PCBS are particularly toxic to shrimp. 12 think it's probably a fair representation. Again, I think 13 I think there are some exceptions where it might not 13 there are possible exceptions to that, but in general, I 14 necessarily be true. But in general, I believe that. 14 would think that is basically a correct position. 15 Then for the time period you have framed, I believe that 15 Q. (By Mr. Ture't) Now, Question 2 under toxicity, 16 is a generally accepted statement within Monsanto, but 16 there's a question pdsed, are Aroclor 1254 slash 1260 etc. 17 there were certain exceptions to that. 17 more toxic than other Aroclors, why. And the part of that 18 Q. Such as shrimp for example? 18 question I want to ask you about is the one that says the 19 A. That's one that apparently is pointed out here. 20 Not apparently, but it is the one that's pointed out here. 19 alleged PCB problem is not really related to degree of 20 toxicity. Do you see that? 21 Q. Now, No. 2 says from a chronic toxicity 21 A. Yes. 22 standpoint the PCB's may be considered moderately toxic to 22 Q. Wtis that -- did that accurately reflect the 23 man, animals and fish. In that context what does 23 position of Monsanto back in January of 1970? 24 moderately toxic mean? 25 MR. DIMURO: I object. 24 MR. DIMURO: I'm going to object to it. I mean, _________ 25 there's a whole couple of sentences before that last_________ Page 141 - Page 1- TOWOLDMONDDEIBR9 DR. KALEY Condenselt! TM MARCH 3, 199S Page 145 Page 147 1 sentence and I don't know if it needs to be put into 1 you did depose Mr. Papageorge on this document. Subject 2 context. Subject to that, he can answer it: 2 to that, you may answer the question. 3 A. I mean, I think certainly, and I know you're not 3 A. Without going back and reviewing specific 4 asking about the first two sentences in that answer I 4 documents, I don't know for sure. But I know that these 5 think, but I would say that I think those are consistent 5 kinds of discussions, maybe not this specific, but were 6 with what I said before, there's no easy answer to are the 6 being held within Monsanto. And, in fact, within months 7 more highly chlorinated more toxic than the lower 7 of this document, the company, you know, essentially 8 chlorinated. I think it is consistent with that. 8 ceased sales for these kinds of applications. So I don't 9 With regard to the third sentence, I'm not sure 9 know if there are specific documents that talk about those 10 if you're asking me if that's allegedly Monsanto's 10 discussions. But certainly, I would, I think that there 11 position or the statement is Monsanto's position. If you 11 are discussions like that in some of those minutes of 12 want to clarify that, or you just want to talk about the 12 those meetings of potential actions where there's contact 13 whole sentence -- 13 with other kinds of materials. 14 Q. (By Mr. Turet) How about the statement that the 14 Q. (By Mr. Turet) Had Monsanto at any time before 15 pcb problem is not really related to the degree of 15 March 30th of 1970 told its customers not to use any 16 toxicity? 16 Aroclor in any paint formulation that contacts food, feed, 17 MR. DIMURO: It says the alleged. 17 or water for animals or humans? 18 Q. (By Mr. Turet) I understand, but when I put 18 MR. DIMURO: I'm going to object to that 19 alleged in -- 19 question as being beyond the scope of the notice. 20 A. I had a question whether he was focusing on the 20 A. I don't know. 21 alleged or not. If we remove that word alleged, I would 21 Q. (By Mr. Turet) You notice the last sentence of 22 think that is in general a true statement. It's 22 that paragraph Dr. Kelly says that it may be that some of 23 personally with regard to the differences between 1254 and 23 the customers will assure themselves on the basis of 24 1260. The environmental occurrence of PCBs which led to 24 non-extractability that a particular formulation might be 25 all these issues that we're talking about here in this, I 25 safe, but I think we should make a blanket recommendation Page 146 Pacrf* ]4: 1 don't know what the date of this is, but late 1960's early 1 against these uses. Just going back to the question I 2 1970's time frame was focused on the fact that it was 2 asked you before, you talked about extractability as being 3 Aroclor 1254 and 1260 that were being detected in the 3 one type of test to determine whether PCBs or other 4 environment as opposed to the more, the lower chlorinated 4 substances could get out of a product and into something 5 material, Aroclor 1242. And so the problem was focused on 5 that was in contact with it? 6 the premise of those materials on the environment and not 6 A. Yes. 7 really focused on relative toxicity, if that made any 7 Q. So when Dr. Kelly is talking about customers 8 sense. 8 assuring themselves on the basis of non-extractability 9 Q. Yes, that makes sense. 9 that a particular formulation might be safe, is that 10 A. Good. 10 meaning that PCBs wouldn't, get out. of-paint that contacted ( 11 (Exhibit T-31 was marked for identification by 11 feed or food and into the feed or food? 12 the reporter.) 12 MR. DIMURO: Object to the form of the 13 Q. For the record, T-31 is an exhibit that's dated 13 question. Also object to the question as being beyond the 14 March 30th, 1970. It's a memorandum from R. Emmet Kelly 14 scope of the notice. Doctor, you can answer it. 15 to William B. Papageorge. 15 A. I think paint is too specific. I think. But ' 16 A. Yes. 16 generally, your characterization is correct. If what I 17 Q. Okay. Dr. Kaley, down at the bottom, you'll see 17 think, what it suggests is that customers may formulate 18 that Dr. Kelly had emphasized what he called a very 18 PCBs into a product which is going to be in contact with 19 serious point, when are we going to tell our customers not 19 food, feed, or water and that they might very well do 20 to use any Aroclor in any paint formulation that contacts 20 those FDA extractability tests and find that PCBS did not 21 food, feed, or water for animals or humans. Are there any 21 migrate from those products and therefore, as he says, 22 other instances within Monsanto where that same concern 22 convince themselves or assure themselves that such a 23 was voiced before March 30th of 1970? 23 formulation might be appropriate. 24 MR. DIMURO: Objection. That question goes 24 Q. (By Mr. Turet) And would you agree that 25 beyond the scope of the notice and I will also note that 25 Dr. Kelly is saying that Monsanto should tell its___________ Page 145 - Page l4 TOWOLDMONOQ51363 DR. KALEY Condenselt! TM MARCH 3, 199` Page 149 1 customers not to use Arocior in any formulation that comes 2 in contact with food or feed or water or animals or 3 humans? 4 A. That's, yes, that's what Dr. Kelly is saying. 5 (Exhibit T-32 was marked for identification by 6 the reporter.) Page 15 1 Q. (By Mr. Turet) Dr. Kaley, for the record, 2 you're being shown two documents that have been marked as 3 T-33A and T-33B. The fust is Bates numbers mae 048640; 4 the second is marked 048716. Would you agree that these 5 are labels, warning labels that had been applied to 6 Arocior 1254 by Monsanto at some point in time? 7 Q. Dr. Kaley, just for the record, you're being 7 A. Yes, I'll agree to that. 8 shown a document that's been marked as T-32, Bates numbers 8 Q. Now, the one that's been marked as 33A, 9 mae 049443 to 446. It's an April 28th, 1970 letter from 10 John Mason of Monsanto to Representative Ryan. 9 actually, I should look -- 10 A. That's one without the environmental label. 11 Now, again, on Page 2, the paragraph that begins 12 it should be emphasized the apparent pcb problem relates 13 only to the possible effect on some species of birds, do 14 you see that? 11 Q. Okay. And is that. Dr. Kaley, as to the exhibit 12 that's been marked as T-33A, you'll note that the caution 13 is shorter than the one that appears on 33B. 14 A. Are you talking about number of words or actual, 15 A. Yes. 16 Q. And I asked you this out of another document, 17 but is that a fair representation of Monsanto's position 18 at the time? 15 physical measurement? I'm sorry, yes. 16 Q. I know, it's been a long day. 17 A. 33B does have an additional wording concerning, 18 warning the recipient of this label to go to extreme 19 MR. DiMURO: I'll object to the form. 20 A. I think to the extent that the toxicity isn't 21 implied in this, I think it would be a fair representation 22 that the apparent PCB problem with regards to toxicity, to 23 wild life species relates to the possible effects on 24 birds. I think there were other concerns with regard to 19 measures, extreme care to prevent entry into the 20 environment. 21 Q. This I will represent to you was produced in its 22 present form to us. Would you agree that the one that is 23 marked as 33A was used prior to May of 1970 whereas the 24 one that is marked as 33B was printed in or after May of 25 its presence in other media, but they did not appear with 25 1970? Page 150 Page 15'. 1 a few possible exceptions to be a toxicity issue. 1 MR. DIMURO: I'm going to object as being beyond 2 Q. (By Mr. Turet) And the sentence that follows 2 the scope of the notice. If the Doctor knows, he can 3 it, that manufacturing and use experience for thirty 3 answer the question. 4 years, earlier animal toxicity studies and the interim 4 A. I will note that those, those designations are 5 reports on current extensive toxicological studies with 5 hand-printed on these labels. That's what they say. It 6 various species of animals indicate that there is no 6 is consistent with the actions that Monsanto was taking 7 threat to the public health. Again, on the issue of 7 based on documents we've discussed previously today. 8 toxicity, was that Monsanto's position as of April of 8 They're vital warning labels to the product labels, yes. 9 1970? 9 I don't know the exact dates, whether they're correct or 10 A. Yes, I believe that's a fair characterization. 10 not. I'll take your word and the document's word for it,.. . . 11 Q. And down at the very, very end of that page, 11 Q, (By Mr. Turet) Take the .document's, because my 12 where it says when used in other products the Aroclors are 12 only knowledge coihes from the documents. 13 usually present in only very small quantities and when 13 Are there any other toxicity warnings other than 14 used alone they are normally in closed systems and 14 these that were placfed on containers of. PCBs back in 1969 15 consequently represent no hazard to human health, and 16 again it concludes, that it's incorrect to assume there is 17 a health hazard to the public, in that same, in that 15 or 1970 to your knowledge? 16 MR. DIMURO:1 I'm going to object to the question 17 as being beyond the scope of the notice, but I'll permit 18 sentence that follows, is that an accurate statement of 19 Monsanto's position as of April of 1970? 20 A. Yes, I believe that's a fair representation. 21 Q. I have nothing further on that document. I'll 22 tell you what, off the record for a second. 23 (A short break was taken.) 24 (Exhibits T-33A and T-33B were marked for 18 the Doctor to answer if he knows. 19 A. I don't know specifically. 20 (Exhibit T-34 was marked for identification by 21 the reporter.) 22 Q. (By Mr. Turet) Okay. Dr. Kaley, you're being 23 shown a document that's been marked as Exhibit T-34 whicl 24 is a July 16th news slash press release from Monsanto. 25 identification by the reporter.) _________ 25 A. I would note it's 1970.___________________ Page 149 - Page 15 TOWOLDMONOQ51364 DR. KALEY Condenselt! TM MARCH 3, 199' 1 Q. I'm sorry? Page 153 Page 15. 1 inhalation and skin contact sections are word for word or 2 A. You just said July 16th, I just wanted to note 3 it was 1970. 4 Q. Yes. Correct. Now on the second page. 2 essentially so, and on it, on the next page in T-35 there 3 is a section entitled environmental hazards. 4 Q. Okay. As to the first part, I don't want you to 5 Dr. Kaley, up at the top, there's a quote attributed to 5 take my word for it. I don't want you to look at it word 6 Howard Minckler, company vice president and general 6 for word, but at least generally does it appear - 7 manager of the organic division that Monsanto is not aware 7 A. The fust words of each paragraph appear to be 8 of any scientific data that indicates PCBs may cause birth 8 the same. 9 defects. The results of comprehensive toxicity studies 9 MR. DIMURO: If you notice any difference and 10 sponsored by Monsanto in using the usual species of 10 you want to bring it to his attention, he'll look at it. 11 laboratory animals failed to produce such effects. Does 11 Q. (By Mr. Turet) So the environmental hazards 12 that accurately reflect the knowledge of Monsanto as of 12 section is the part that's been added in 306A? 13 July of 1970? 13 A. Apparently so, yes. 14 A. As far as I know, yes. 14 Q. No more questions on that one. 15 Q. Okay. Did Monsanto leam at any time after July 15 (Exhibit T-36 was marked for identification by 16 of 1970 that, in fact, pcbs could cause birth defects in 16 the reporter.) 17 humans? 17 Q. And for the record, the document being shown and 18 A. In humans? 18 that's been marked as T-36 is an October 28, 1970 press 19 Q. Yes. 19 query Bates numbered MAE 033947 through 949. 20 A. No. 20 Dr. Kaley, I'll direct you to the second page 21 MR. DIMURO: Objection. 21 where it states the question. State of Ohio officials say 22 A. There is no such knowledge as of today, as of 22 that pcb can build up in the liver and kidneys and in 23 1985, as of today, there is no information that pcbs cause 24 birth defects in humans. 23 fatty tissues, but to their knowledge it doesn't harm 24 humans. Farmer's son had been drinking raw milk 25 Q. No further questions on that one. 25 containing PCB could this have caused the problem. And 154 Page 15 1 (Exhibit T-35 was marked for identification by 1 the answer from Monsanto, this is a Monsanto document, is 2 the reporter.) 2 we agree with Ohio officials that humans exposed to PCB by 3 Q. Dr. Kaley, you're being shown a document that's 3 the environment would not attain levels at which it could 4 Bates numbered MAE 040935 through 949 and it's been marked 4 be harmful. Does that accurately reflect the position of 5 as Exhibit T-35. And that's technical bulletin 5 Monsanto as of late October 1970? 6 O/PL-306A. 6 A. I believe so, yes. 7 A. Yes. 7 Q. Now down below it says question has Monsanto any 8 Q. Now, if you flip ahead in this technical 8 evidence that PCBs could affect humans. 9 bulletin, Dr. Kaley, to the page, I guess it reads 12 in 9 A. I'm sorry, I was pondering. 10 the bottom left comer and says toxicity and safe 10 Q. A little bit lower, it says question has . .... ... 11. handling. 11 Monsanto any evidence that PCBs could affect humans. And 12 A. Yes. 12 the answer is there's no evidence that an environmental 13 Q. You're going to love this, you could even take 13 exposure, PCB could harm humans. Again, that -- is that 14 O/PL-306 which is -- 14 an accurate statement of Monsanto's position back in 15 A. All right. 15 October of 1970? : 16 Q. -- which was marked as T-7 and flip ahead I 16 A. I believe so, yes. 17 think, it was Page 50. 17 Q. Now, it then goes on to address an incident in 18 A. Okay. 18 late 1930 where there was an accidental exposure at 19 Q. And as you put the two side by side, would you 19 excessive levels which resulted in liver damage; is that 20 agree with me that the entire Page 50, the entire toxicity 21 and safe handling section of 306 was incorporated into 20 correct? 21 A. I'm not sure I would agree with that. I mean 22 3 06A and more material was added on the following page as 23 well? 24 A. Okay. I will take your word without checking 25 each word. I'll take your word for the fact that the 22 the exposure in late 1930's was a mixture of PCB and 23 polychlorinated naphthalenes, and I'm not sure there is an 24 exposure to pcbs per se that resulted in that liver damage 25 so that may be slightly incorrect. But generally, that's_____ Page 153 - Page If TOWOLDMONOQ51365 DR. KALEY Condenselt! TM MARCH 3, 199' Page 157 1 correct. 2 Q. I have no further questions on that one. 3 (Exhibit T-37 was marked for identification by 4 the reporter.) 5 Q. Okay. For the record, the document you're being 6 shown that's been marked as T-37 and yesterday was marked 7 as an exhibit during the deposition as well is Bates Page 15: 1 Q. (By Mr. Turet) No further questions on that 2 one. 3 Dr. Kaley, did Monsanto keep track of the 4 medical examinations of its own employees over the course 5 of years? 6 MR. DIMURO: Objection. Beyond the scope of the 7 notice. You can answer it, Doctor. 8 numbers MAE 032743 through 744 and this too is a press 9 query dated February 19th, 1971. 8 A. I'm sure they did. 9 Q. (By Mr. Turet) Do you know specifically whether 10 Now, Dr. Kaley, you'll note that this press 11 query contains a question from the Chemical Week author 12 and an answer from Monsanto that says first let me say 13 that PCB has never been considered to be a highly toxic 14 material. There are many examples of common products 15 which are more toxic than PCB. For example, iodine, lye, 16 gasoline, insecticides, paint thinner, lighter fluid, and 17 various cleaning compounds. Is that an accurate statement 18 of Monsanto's position back in February of 1971? 19 MR. DIMURO: Objection. 20 A. Without specific knowledge of the toxicities of 21 those various other materials, I think certainly I would 22 agree with the first sentence that pcb has not been 23 considered to be a highly toxic material. I don't really 24 know the relative toxicity of PCB on an acute basis to 25 these other things, but it could very well be true. 10 Monsanto tracked the medical conditions of those employees 11 that were employed in Department 246, the one that 12 manufactured PCBS at the Krummrich Plant? 13 MR. DIMURO: Same objection. 14 A. Well, my understanding would be that all 15 employees at the Krummrich Plant or any plant were given 16 yearly physicals and to the extent records were kept, they 17 would, you know, those records would be there. I don't 18 think there was any specific, if you're asking was there 19 specific attention paid to the Department 246 employees, I 20 think the answer to that is no. 21 MR. TURET: I'll mark this as an exhibit. 22 (Exhibit T-38 was marked for identification by 23 the reporter.) 24 Q. (By Mr. Turet) Dr. Kaley, you're going to be 25 shown a document marked as Exhibit T-38 which is Bates Page 158 Page 16 1 Q. (By Mr. Turet) Are there documents within 1 number MAE 021600 which is a May 10th, 1972 letter from 2 Monsanto that evaluated on a comparative basis the 2 Emmet Kelly to Dr. Clarence Davies. 3 toxicity of pcbs and the toxicity of some of these other 3 MR. DIMURO: For the record, the highlighted 4 common household items? 4 portions on the document T-38 are your own. 5 A. Not that I'm aware of. 5 MR. TURET: Yes, and I fully expect to 6 Q. And later in that same answer there's a comment 6 substitute a clean copy for the transcript. 7 that the problem is not its toxicity, but its 7 A. Okay. 8 persistence. Again, in terms of toxicity, we addressed 8 Q. (By Mr. Turet) Is it fair to say that Dr. Kelly 9 this before, does that accurately reflect Monsanto's 9 at some point in time at least conducted a review of the- 10 position as of February of 1971? 10 medical conditions :of the various employees'at Department 11 A. I think that is generally a true statement, but 12 there are some exceptions to that. 11 246 over time? 1 - 7 -o' 12 A. Yes, I was answering the question with regard to 13 Q. Now also down below there's a comment that if 13 general procedure, I was going to, I almost said 14 PCBs had been introduced today, meaning February of 1971, 14 something. I know1 subsequent to some point in time, this 15 we would also do more extensive toxicity studies including 15 work was done and:, in fact, later, a small epidemiology 16 not just acute toxicity but also subacute parentheses 16 study was done looking at those workers also. So, I'm 17 chronic studies, show effects over longer exposure times 17 sorry. I was going to go back and ask was your question 18 at lower exposure levels. Is that an accurate statement 18 stated around that particular date. I wouldn't have known 19 of Monsanto's position in February of 1971? 19 this exact date but the answer to your question is, yes, 20 MR. DIMURO: Objection. You can answer it. 20 Dr. Kelly did do a specific examination of the workers 21 A. Yeah, I think I would say that's a fair 21 employed with the polychlorinated biphenyls in the Sauget 22 characterization based on what Monsanto and the rest of 22 Plant. . 23 the chemical industry was learning about the potential for 23 Q. Was there any increase in incidents found of 24 environmental persistence and the effects that could have, 24 cancer in those employees? 25 so I think they's a fair statement, yes. 25 MR. DIMURO: Objection._________________ Page 157 - Page If TOWOLDMONOQ51366 DR. KALEY Condenselt! TM MARCH 3, 199< Page 161 1 A. With regard to this 1972 document, a cursory 2 reading tells me, I don't see any reference to cancer 3 specifically in here. With regard to the later study in 4 19 whatever it was, the late 1970's, I don't -- there was 5 no elevations in cancer specifically attributable to the 6 PCB exposure. I believe there was a slight excess in lung 7 cancer, but there's an excess in St. Clair County, 8 Illinois and that was felt accountable for that excess. 9 Q. (By Mr. Turet) Other than that one type of 10 cancer, was there any increase of any other type of cancer Page 16. 1 comes from apparently a note up -- let me read this. 2 The note specifies that Aroclor 1254 has been 3 under tests at MCI and that the histopathology completed 4 within the six months, which I think is the trigger for 5 that six month date, and it notes when that study came out 6 that Aroclor 1254 was not carcinogenic. 7 Q. Okay. I have no further questions on that 8 document. 9 (Exhibit T-40 was marked for identification by 10 the reporter.) 11 found among the Department 246 employees? 11 Q. (By Mr. Turet) Dr. Kaley, you're being shown a 12 A. My recollection is, no, but I would qualify that 13 that was a very, very small study. It had essentially no 14 statistical, you know, statistical -- bearing weight 12 document that's been marked T-40. It's Bates number MAE 13 051600 through 608 and it is a PCB Q and A preparedness 14 information dated August 14th, 1975. 15 there -- there just weren't enough workers. 16 (Exhibit T-39 was marked for identification by 17 the reporter.) 15 Dr. Kaley, if you'll direct your attention 16 specifically to the second page of this Q and A 17 memorandum -- 18 Q. (By Mr. Turet) Dr. Kaley, you're being shown a 19 document that's been marked as T-39 and it's a document 20 that is dated December 6th, 1974 from Frederick Johannsen 21 of Monsanto to George Roush. 22 A. Yes. 23 Q. And George Roush was the medical director back 24 in 1974? 25 A. Yes. 18 A. Okay. 19 Q. -- you'll see Question 6, it's been reported 20 that PCBs have produced carcinogenic responses in 21 laboratory rats. There have also been occasions where the 22 material has contaminated animal feed which is later 23 accidentally fed to cattle and chickens. What effect has 24 or will this have on the people who unknowingly ate the 25 PCB infested food Isn't there a chance they might develop Page 162 Page 16` Q. Now down at the bottom there's a handwritten 1 cancerous tumors. 2 notation, our fate may be decided one way or another in 2 And the answers provided in this particular Q 3 six months. I hope your feelings that it is not 3 and A document are that, you know, we know of only one PCB 4 carcinogenic are born out. Do you know who that 4 test in one animal strain that tends to suggest a possible 5 handwritten notation comes from? 5 carcinogenic relationship and our data does not confirm 6 A. I see initials W.R., I can -- I mean I know 6 this test. Taking that sentence, is the one test to which 7 there is a W.R. that it could have come from, but I don't 7 this refers the study done by Renate Kimbrough? 8 know his handwriting well enough to know if that's his. 8 A. I'm sure it is. 9 Q. Who is W.R. that it could have come from? 9 Q. And what was the particular PCB product that was 10 A. It could have been William Richard. I don't 10 tested in the study? -` 11 know for sure though. 11 A. Aroclor 1260. : ' . 12 Q. Was there a concern back in Monsanto back in 12 Q. And what was the particular cancer that she had 13 December of 1974 that PCBs could be proven to be 13 alleged was found in the lab rats under that study? 14 carcinogenic within the next six months? 14 A. Liver cancer, hepatocellular carcinoma. 15 A. Well, based on that note and based on the fact 15 Q. What did Monsanto do to prove or disprove the 16 that we were doing carcinogenic studies and were aware 16 results of this study? 17 that other people were, I think there was obviously 17 MR. dimuro: Objection. Beyond the scope of the 18 interest in the outcome of those studies. 19 Q. Okay. But my question was, was there concern 20 about the possibility that the studies to be released 21 within the next six months could show carcinogenicity? 22 MR. D1MURO: Objection. Answer it if you can. 23 A. That is certainly a potential or possible 24 interpretation of that handwritten note. It's not 25 inconsistent with what it says. I mean, the six months 18 notice. 19 A.. I mean there was nothing Monsanto could do to 20 prove or disprove the results of that study. The results 21 of that study spoke for themselves. Monsanto had early on 22 in 1968 and 1969 commissioned feeding studies of a variety 23 of Aroclors at ibt. The results of those studies 24 suggested that pcbs were not carcinogenic. There were 25 discussions I know with Dr. Kimbrough and other ________ Page 161 - Page 16 TOWOLDMONOQ51367 DR. KALEY Condenselt! TM MARCH 3, 1999 Page 165 ) pathologists after her paper was published, and there is 2 an on-going discussion as to whether -- what the results 3 are vis-a-vis one another, but there was no way for 4 Monsanto to go to prove or disprove another study. 5 Q. (By Mr. Turet) Now Monsanto commissioned 6 certain pathologists to take a fresh look at the Kimbrough Page 167 1 Monsanto disputed, I mean obviously, we - we would have 2 preferred the material not be carcinogenic in rats under 3 the conditions of those tests. 4 I think we had questions about her study and the 5 pathology of those tumors, but once those had been 6 resolved, I don't know if there was any on-going doubt. 7 samples or the Kimbrough results? 8 A. I'm not sure of the exact, who commissioned who 7 Her results were what they were and certainly, today, I 8 certainly accept the results of those studies at face 9 but I know there was a review of the relative pathologists 9 value. 10 of those studies conducted. I'm not sure if Monsanto did 11 it or the government did it or who did what. 12 Q. Do you know if any of the pathologists retained 10 Q. Okay. 11 A. As I do the Monsanto studies. Or the other 12 studies that have been done. 13 to review the Kimbrough findings found that she was 14 correct? 13 Q. Now, at the end of the answer to No. 6 which we 14 were just referring to, it says we are not aware of any 15 MR. DIMURO: Objection. 15 case relating PCBs to cancer in humans. And is that an 16 A. I have no doubt that they found that she was 16 accurate statement of Monsanto's position back in August 17 correct. I think there's no doubt that the rats in her 17 of 1975? 18 studies showed evidence of a hepatocellular carcinoma. 19 Q. (By Mr. Turet) Is there any question as to -- 20 do you know one way or another whether Dr. Kimbrough 18 A. Yes. 19 Q. And is that -- was that still Monsanto's 20 position up and through, all to the end of 1985? 21 ultimately changed her conclusions from that study? 22 A. I'm sure she did not. 21 A. Basically, yes. Let me qualify, and I don't 22 know exactly when the studies were or weren't published, 23 Q. As of today, does Monsanto believe that exposure 23 but there have been epidemiology studies published which 24 to Aroclor 1260 can cause liver cancer? 24 one or another may state an elevation of a particular 25 A. Yes, Monsanto believes that exposure to -- high 25 cancer at a particular cite. Those studies taken as whole Page 166 Page 16 1 level exposure to Aroclor 1260 in laboratory rats can 1 show no consistent information that PCBs are carcinogenic 2 cause liver cancer under conditions of some tests, yes. 2 in humans. So in any case, I think clearly there's never 3 Q. And does Monsanto take the position that 3 been a case where someone could say with specificity that 4 exposure to Aroclor 1260 under any circumstances can cause 4 PCBs caused cancer in this individual human being that has 5 liver cancer in humans? 5 never been done. There have been studies where there have 6 MR. DIMURO: Objection. 6 been particular elevations in a particular population 7 A. Monsanto's position was and is that based on the 7 between a particular cancer but this finding has not been 8 available human evidence of worker populations exposed to 8 substantiated in other studies. 9 a variety of Aroclors, including Aroclor 1260, that 9 (Exhibit T-41 was marked for identification by 10 there's no consistent evidence that PCBs or Aroclor 1260 10 the reporter.) i . . ____ . . , - 11 specifically cause liver cancer in humans. 11 Q. Dr. Kaley, you're being.shown a document which 12 Q. (By Mr. Turet) Am I understanding you 12 is Bates numbers MAE 004888 through 889 and it is a July 13 correctly, did Monsanto accept the findings of 13 18th, 1978 letter from R. C. Isham to Mr. Thomas Dustin of 14 Dr. Kimbrough at the time that -- 14 the Izaak Walton League. .. 15 A. There was -- there were discussions to try to 15 Anyway, and just to confirm, I'm not going to go 16 elucidate the differences between Dr. Kimbrough's studies 16 through this with every single document, but, just a 17 and the studies Monsanto commissioned at the Industrial 17 couple of examples,1 you'll notice in the middle paragraph 18 Bio-Test laboratory. Without knowing the specifics as I 18 of the first page it says there is no evidence that PCBs 19 sit here today, I think there were, those discussions were 19 cause cancer. And was that the position of Monsanto as of 20 held and my understanding, my recollection of the basic 20 July 18th of 1978? 21 conclusion was that Dr. Kimbrough's studies did, in fact, 21 A. The next sentence says PCBs have very low acute 22 show those carcinogenic and the Monsanto studies did not. 22 toxicity to mn. I'm assuming that sentence was meant to 23 And for whatever reasons, there was in inconsistencies. 23 apply to human beings although it doesn't say so 24 It could have been strain of rat or any number of things. 24 specifically. With that assumption, I think that is 25 You know, I don't have any evidence or knowledge that 25 Monsanto's position. I think by then there was certainly Page 165 - Page L TOWOI DMONDDEI DR. KALEY Condenselt! TM MARCH 3. 19Q1 Page 169 1 evidence that pcbs caused cancer in laboratory rats, and 2 that would be Aroclor 1260 specifically caused cancer in 3 laboratory rats. But with regard to humans, yes, I think 4 that was a correct statement. 5 Q. And the sentence a little farther down quotes 6 from the Federal Register in finding that according to a 7 summary of the report included -- withdraw the question. 1 007032 to 033. Page 17 2 A. Yes. 3 Q. And this is a note to the editors from Monsanto 4 Company dated September 23rd, 1980? 5 A. Yes. 6 Q. Entitled PCB hazards facts and fallacies? 7 A. Yes. 8 Farther down there is a reference to a summary 9 of a report which had been released in the Federal 8 Q. I want to direct your attention to, I think I've 9 asked you about not being human cancer causing enough 10 Register Aroclor 1254 was not carcinogenic to rats under 10 times. Can you flip to the second page? 11 the test conditions; is that right? 12 A. Well, there was an announcement in the Federal 11 A. Yes. 12 Q. The top sentence begins there has never been a 13 Register that was the results of that study, yes. That 14 was in fact the conclusion I mentioned to you earlier. 13 single documented case in this country where pcbs ever 14 caused serious human health problems. Now is that an 15 Q. And this was, and the position being 15 accurate statement of Monsanto's position back in 16 communicated from Monsanto to the Izaak Walton League in 16 September of 1980? 17 July of 1978 was these are the medical facts? 17 A. Well, I guess, I'm sure that if you asked 18 A. That sentence is in this document, so yes. 18 somebody with a case of chloracne whether that was a 19 Q. Okay. And again that the primary concern over 19 serious health problem he or she might say it was, but 20 PCBS involves the persistence in the environment and their 21 build-up in the food chain not carcinogenicity? 20 with the exception of chloracne, I believe that that was 21 the case, yes, attributable to PCBs, yes. 22 A. True then; true now. 22 (Exhibit T-44 was marked for identification by 23 MR. TURET: Mark that as T-42. 24 (Exhibit T-42 was marked for identification by 23 the reporter.) 24 Q. Dr. Kaley, you're now being shown a document 25 the reporter.) 25 that's been marked as T-44, it's Bates numbered MAE 006686 Page 170 Page 17 1 Q. Dr. Kaley, you're being shown a document that's to 87, you'll see it's also a note to the editors dated 2 been marked as T-42. 2 September 11, 1980. 3 A. Yes. 3 A. Yes. 4 Q. And it is a statement from Monsanto dated 4 Q. It's entitled PCB and cancer, what are the 5 October 15th, 1979. Specifically, I'll refer you to Page 5 facts? 6 5 of the document. 6 A. Yes. 7 A. Okay. 7 Q. And I'll refer you to the second page, in 8 Q. You'll see in the middle there has never 8 particular all the way j ust before the summary where it 9 underlined, never been a documented case of human death or 9 says they, referring to PCBs, are considered only mildly 10 irrecoverable harm from pcbs. ' 10 toxic on an acute basis when ingested by humans about on 11 A. Yes. 11 the same order as common table salt. 12 Q. Was that the position of Monsanto back in 12 A. Yes. 1 13 October of 1979? 14 A. I'm sure this was the position then. It's the 13 Q. Did that accurately state the position of 14 Monsanto back in September of 1980? 15 position now. 15 A. I believe so, ye$. I hate that analogy, but I 16 Q. So at least all the way through 1985? 16 think's that some basis and fact for that, it's been used 17 A. Yes. 18 Q. No further questions on that document. 19 A. Again, assuming the irrecoverable harm also 20 refers to humans as does human death. 21 Q. Okay. 22 (Exhibit T-43 was marked for identification by 23 the reporter.) 24 Q. And, Dr. Kaley, you're being shown a document 25 that's been marked as Exhibit T-43 Bates numbered MAE 17 elsewhere, so I think it's basically true. 18 Q. Is it fair to say without belaboring this that 19 PCBs were not cancer causing and PCBs had not irreversibly 20 injured any human beings other than chloracne? 21 A. That's not irreversible. I question the term 22 serious, not irreversible injuries. Chloracne is 23 irreversible, but some people consider it to be serious. 24 Q. PCBs are not carcinogenic to humans, PCBS have 25 not caused serious injury to humans except chloracne as a Page 169 - Page Y TOWOLDMONOOE13fiQ DR. KALEY Condenselt! TM MARCH 3, 1995 Page 173 1 possible exception, have not cause irreversible harm to 2 humans, and are not acutely toxic when ingested by man on 3 the order of table salt. Are those the same positions 4 that were held by Monsanto and communicated all the way 5 through until 1980? 6 A. I believe so, yes. 7 MR. TURET: i have no further questions at this 8 time. 9 MR. DIMURO: Adam? Carolyn? 10 MS. O'CONNOR-. I don't have any questions. 11 MR. O'CONNOR: I have no questions. 12 MR. DIMURO: I may have some. I just want to 13 take a two-minute break. 14 EXAMINATION 15 QUESTIONS BY MR. DIMURO: 16 Q. Doctor, I want to put in front of you what 17 Mr. Turet marked as T-44 and ask you to take a look at the 1 NOTARIAL CERTIFICATE 2 STATE OF MISSOURI ) 3 CITY OF ST. LOUIS ) ) 4 5 I, Tammie A. St. Arbor, Certified Shorthand Reporter and a duly commissioned Notary Public within and for the 6 States of Missouri and Illinois, do hereby certify that there came before me at the offices of Taylor*Schroeder 7 Reporting & Video, 7494 Ethel Avenue, St, Louis, Missouri, 8 DR. KALEY. 9 who was by me first duly sworn to tell the truth and nothing but the truth of all the knowledge touching and 10 concerning the matters in controversy in this cause; that the witness was thereupon carefully examined under oath 11 and said examination was reduced to writing by me; and that this deposition is a true and correct record of the 12 testimony given by the witness. 13 I further certify that I am neither attorney nor counsel for nor related nor employed by any of the parties 14 to the action in which this deposition is taken; further that I am not a relative or employee of any attorney or 15 counsel employed by the parties hereto or financially interested in this action. 16 IN WITNESS WHEREOF. I have hereunto set my hand and 17 seal this 5th day of March, 1999. 18 18 third paragraph under here. Aue the facts, does this 19 refresh your recollection as to whether Dr. Kimbrough's 19 20 Tammie A. St. Arbor, CSR 20 study was reviewed by anybody? 21 21 A. Yes. This document states Dr. Kimbrough's 1975 22 22 pcb study was subjected to extensive independent review by 23 23 the Eppley Institute for Research in Cancer and this 24 24 document -- 25 25 Q. And what did the Eppley Institute find according Page 17: Page 174 1 to the writer of T-44? 2 A. This document states that this review did not STATE OF MISSOURI 1 2 CITY OF ST. LOUIS ) ) ) Page 17t 3 concur with her diagnosis, i.e., her findings were not 4 confirmed. That's not necessarily consistent with the 3 4 5 recollection I mentioned earlier, but could very well be 5 I, DR. KALEY, do hereby certify: 6 the case. 7 I would however go on to state that I think 6 That I have read the foregoing deposition; 7 That I have made such changes in form and/or 8 Dr. Kimbrough's findings then are consistent with other 8 substance to the within deposition as might be necessary 9 studies of Aroclor 1260 fed at high doses to laboratory 9 to render the same true and correct; 10 rats. 10 That having made, such changes thereon, I hereby 11 MR. DIMURO: I don't have any further 11 subscribe my name to the deposition. _. . . . 12 questions. 13 MR. TURET: I have no further questions. 14 - . 12 I declare under penalty of peijury that the 13 foregoing is true and correct. 14 ; 15 15 Executed this ;' ' . day of , 16 16 19 , at . 17 17 18 18 19 19 20 20 DR. KALEY 21 21 22 22 My Commission Expires:_______________________ ______ 23 23 Notary Public; 24 24 Signature Page to Witness _____________ 25 25 Witness Letter Sent to Witness _____________ Page 173 - Page 1 TOWOLDMON0051370 DR. KALEY 1 DR. KALEY name of deponent DEPOSITION CORRECTION SHEET 3 In re: Macron, et al. vs. Monsanto, et al. 4 5 Reported By: TSA 6 Upon reading the deposition and before subscribing thereto, the deponent indicated the following changes 7 shouid be made: 8 Page Line Should Read: Reason assigned for Change: 9 10 Page Line Should Read: Reason assigned for Change: 11 12 Page Line Should Read: Reason assigned for Change: 13 14 Page Line Should Read: Reason assigned for Change: 15 16 Page Line Should Read: Reason assigned for Change: 17 18 Page Line Should Read: Reason assigned for Change: 19 20 Page Line Should Read: Reason assigned for Change: 21 22 23 24 SIGNATURE OF DEPONENT 25 1 Taylor * Schroeder Reporting & Video 2 7494 Ethel Avenue St. Louis, Missouri 63117 3 Phone (314) 644-2191 4 5 March 3, 1999 6 7 Dr. Kaley 8 9 RE: Maertin, et al. Vs. Armstong, Monsanto & American Mineral Spirits 10 Dear Dr. Kaley: 11 Please find enclosed a copy, of your deposition taken on 12 March 3, 1999 in the above-referenced case. Also enclosed is an original signature page and errata sheets. 13 Please read the copy of the transcript, indicate any 14 changes and/or corrections desired on die errata sheets, and sign the signature page before a notary public. 15 Please return the errata sheets and notarized signature 16 page to my office at the above stated address within thirty days of the receipt of this letter and deposition. 17 Please do not hesitate to call me at 314/644-2191 with any 18 questions. 19 Sincerely, 20 21 Tammie A. St. Arbor, CSR 22 Enclosures 23 cc: Mr. Taylor Mr. DiMuro 24 Mr. O'Connor Ms. O'Connor 25 File Condenselt! TM Page 177 Page 178 MARCH 3. 199` Page 177 - Page 1 TOWOLDMON0051371 DR. KALEY Condenselt! _1_ '40's [i]45:7 '45[i] 8:3 '50's (3)44:9 56:20 77:23 '53 d, 96:13 '55(3, 104:5 104:16 105:2 160's [l] 113:11 ' 62 [3] 30:6 30:9 30:22 '66 [i] 116:14 '68 [2, 119:16 135:10 ' 69 [2] 122:17 135:10 .15 [2] .2(1] -3d] -35(1] .4(4] 77:20 .49 (3) 77:13 .5 [12] 38:2 59:21 76:13 77:14 -50(1] .6(1, 74:17 77:8 77:21 60:15 77:10 77:21 77:2 27:24 38:4 60:8 76:24 77:13 77:8 74:23 77:14 77:6 34:14 55:13 75:25 77:9 -0- 0.5(1] 27:14 000891(u 136:9 001001 (i] 001012(2] 137:5 140:25 141;17 004888 [l] 168:12 004888-889 [i] 3:3 006686 [l] 171:25 006686-87 [i] 3:6 007032 [i] 171:1 007032-033 m 3:5 019171 [2] 108:14 2:4 021600 [2] 2:23 160:1 02849 [l] 4:6 032743 [i] 157:8 032743-744 [i] 2:22 033 [l] 171:1 033722 [l] 49:6 033722-734 [i] 1:17 033947 [l] 155:19 033947-949 [i] 2:21 034803 [l] 143:22 034803 -814 [i, 2:14 034809 [l] 143:25 036720 [l] 129:10 036720 -732 [i] 2:12 039937 [i] 19:13 039937 -966 [i] 1:9 039964 [l] 20:6 040935 [l] 154:4 040935 -949 [i] 2:20 048640 PI 151:3 2:17 048716 [2] 151:4 2:18 049443 [1] 149:9 049443 -446 [i] 2:16 049906 [l] 12:10 049906-908 [i] 1:8 051600 [i] 051971 [1] 052484 [2] 68:9 163:13 103:10 1:20 052485 [2] 60:23 1:18 052486 [1] 88:21 052486-489 [i] 1:24 052491 [2] 66:5 1:19 052494 [1] 85:16 052494 -495 ci] 1:23 052497 [l] 45:19 052497-501 [i] 1:16 052506 [l] 41:11 052506 -508 [i] 1:14 052509 [1] 41:11 052509-512 [i] 1:15 052513 [l] 72:16 052513 -521 [i] 1:21 053009 [2] 119:23 2:9 053216 [2] 106:21 2:3 053218 [2] 111:5 2:5 053518 [1] 116:9 053578 [1] 2:7 056532 HI 19:21 056532-552 [1, 1:11 0568 [1] 39:7 059877 [i] 19:19 059877-93 [u 1:10 0668 [11 37:2 07101-3474 [i] 5:14 07102-5311 [ii 5:10 072195 [2] 2:8 118:2 08054 [i] 5:6 1 [15] 15 17 51 8 56 8 69 14 89 20 1:7 20:10 55:20 56:14 69:25 7:24 21:7 56:2 67:2 89:14 l-2-68(i] 38:25 1.0 [8] 34:15 55:11 27:14 37:25 57:15 27:24 38:4 60:9 1.5 [3] 73:17 73:20 75:2 1/2 [3] 23:13 24:13 44:18 1/2/68 [ii 36:21 1/26/67 [i] 2:6 10 [5] 1:17 74:12 75:9 28:3 118:3 10/15/79 [i]_ 3:4 106 [l] 2:3 108 [i] 2:4 10th [i] 160:1 11 [6] 23:16 172:2 1:18 23:13 24:13 44:18 ll/17/69[i] 2:13 110 [l] 2:5 115 m 2:6 116 [i] 2:7 117 m 2:8 119 m 2:9 12(7] 1:8 1:19 23:16 31:8 135:24 135:25 154:9 12/24/68[i] 118:4 12/6/74 [i] 2:24 1221 [l] 94:11 123(1] 2:10 1236(1] 137:24 124(1] 2:11 1242 [7] 60:9 98:17 99:1 107:8 146:5 98:8 99:3 1248(4] 69:12 75:11 75:14 76:12 1254 [59] 23:14 24:13 24:22 35:7 38:6 40:20 42:16 42:19 23:8 24:19 38:2> 42:2 43:9 43:23 44:18 59:21 69:19 73:16 82:8 86:22 89:20 94:17 98:25 129:17 138:23 139:22 144:16 151:6 44:2 45:10 60:9 73:8 74:16 86:2 87:1 93:16 98:8 99:2 137:16 139:4 140:11 145:23 163:2 44:15 55:14 60:15 73:13 75:2 86:14 89:14 94:14 98:17 126:22 137:24 139:13 140:20 146:3 163:6 1260 [is] 129:18 137:16 139:4 139:14 144:16 164:11 166:4 169:2 145:24 165:24 166:9 174:9 1268 [8] 28:2 94:16 95:13 96:3 99:5 129 [i] 2:12 12th [l] 66:4 13(3] 1:20 29:17 135 [i] 2:13 14(3] 1:21 119:23 1400 [i] 5:17 143 [ii 2:14 146 [i] 2:15 149 [i] 2:16 14th [2] 103:11 15 [i] 1:22 150 m 2:17 152[i] 2:19 154 [l] 2:20 155[i] 2:21 69:22 138:23 140:12 146:3 166:1 166:10 94:12 95:25 99:6 16:22 104:5 163:14 2:18 159(1] 2:23 15th [3] 68:9 170:5 116:13 16(2] 1:23 50:4 161(1] 2:24-': 168(1] 3:3 169(1] 3:4 16th [2] 152:24 153:2" 17(4] 1:9 1:11 1:24 1:10 170(1] 3:5 171 [l] 3:6 173(1] 1:3 17tfa [l] 136:1 18(4] 37:9 39:16 50:1 106:21 18th [4] 71:15 106:25 168:13 168:20 19(8] 17:2 40:16 2:3 20:14 161:4 15:18 29:12 176:16 '40's - 197f MARCH 3, 199< 19103-7396(2] 5:21 5:24 1930 [2] 7:24 1930's [i] 1940's [i] 1947 [9] 12:11 14:17 15:10 16:8 16:19 59:23 1948 [i] 45:6 1949 [3] 41:13 45:11 156:18 156:22 8:2 3 16 21 44:2 1952 [3] 45:20 47:3 48:11 1953(15, 51:12 54:25 57:2 59:10 60:4 60:7 61:2 62:5 65:3 96:6 49:14 55:11 59:24 60:23 63:5 1954(5] 66:4 66:14 68:9 66:8 71:15 1955(13, 76:21 80:24 85:17 87:14 94:21 96:12 74:25 82:17 88:21 96:22 99:13 103:11 103:13 1960's [2] 146:1 135:5 1961 [8] 106:22 107:1 108:13 109:7 109:8 109:14 109:15 109:24 1962 [i] 30:1 1964 [5] 111:5 112:1 112:9 113:4 113:14 1966 (2) 124:25 125:4 1967 [4] 115:8 126:9 126:14 126:20 1968 [i2] 37:4 37:6 39:8 39:9 127:5 127:19 135:11 164:22 36:23 39:4 116:10 135:7 1969(21] 108:1 114:3 114:13 119:23 120:4 120:24 122:11 123:11 123:20 129:9. .130:14 131:13 132:15 . 133:12 133:25 134.4 136:1 1-38:6 - -142:1 152:14 i 64.22 - 1970(21] 108:1 122:17 144:23 147:15 150:19 152:15 153:13 142:5 ,144:8. -. 146:14 146:23 149:9 150:9 151:23 15.1:2.5 152:25 153:3 153:16 155:18 156:5 156:15 1970's (2) 146:2 161:4 1971 [5] 157 9 157 18 158:10 158 14 158 19 1972 [2] 160 1 161 1 1974 [3] 161 20 161 24 162:1 3 1975 [31 163 14 167 17 Index Page TOWOLDMONOQ51372 DR- KALEY 173:21 1978 [3] 168:13 169:17 1979 [2] 170:5 1980 [5] 171:4 172:2 172:14 1985 [5] 8:4 153:23 167:20 1999 [4] 4:13 178:5 178:12 19th [2] 13:16 1st [1] 60:23 168:20 170:13 171:16 173:5 142:9 170:16 175:17 157:9 -2- 2 [21] 13:15 29:12 49:17 75:13 99:8 129:13 149:11 1:8 20:10 41:22 52:5 76:10 115:12 142:21 7:14 21:7 48:5 67:2 93:12 123:14 144:15 20 [2] 2:4 108:8 200 [3] 27:4 27:19 35:6 20th [i] 85:17 21 [5] 1:12 2:5 21:7 126:9 126:14 22 [i] 2:6 23 [2] 2:7 13:7 23 rd [2] 108:13 171:4 24 [i] 2:8 246 [6] 103:23 104:6 159:11 159:19 160:11 161:11 24th [3] 111:5 113:4 113:14 25 [2] 2:9 119:18 26 [i] 2:10 26th [i] 115:8 27 [2] 2:11 20:5 27401 [i] 5:17 28 m 2:12 155:18 28th [i] 149:9 29 [2] 2:13 124:25 2nd [3] 36:22 126:20 129:9 -3- 3 [io] 69:11 115:7 178:5 1:9 100:25 115:8 178:12 3/3/69 [i] 3/30/70 [i] 30 [2] 2:14 300 [3] 5:16 27:19 3000 [l] 5:5 306 [i] 154:21 3 06A [2j 155:12 40:6 102:13 140:25 2:10 2:15 6:22 27:4 154:22 30th [7] 12:11 14:17 15:10 41:12 146:14 146:23 147:15 31 [2] 2:15 116:10 314 [i] 178:3 314/644-2191 [1] 178:17 32 [i] 2:16 33 A m 2:17 151:8 151:23 33 B [4] 2:18 151:13 151:17 151:24 34 m 2:19 35 [i] 2:20 36 [i] 2:21 37 m 2:22 38 m 1:13 2:23 39 [i] 2:24 3rd [3] 4:13 123:11 127:4 -4- 4 [4] 1:3 38:11 124:18 4/62 [i] 29:21 41 [3] 3:3 1:14 42 m 3:4 43 m 3:5 44 [i] 3:6 446 [i] 149:9 45 [i] 1:16 489 m 88:21 49 [i] 1:17 495 [i] 85:17 4th m 45:20 1:10 1:15 -5- 5 [9] 56:2 57:16 170:6 1:11 56:10 57:23 50 [4] 39:18 154:17 154:20 501 m 45:19 508 [i] 41:11 512 m 41:11 521 m 72:16 5460 [7] 14:7 14:21 14:25 15:6 25:6 552 m 19:22 5th m 175:17 55:20 56:14 132:4 39:18 14:9 15:4 -6- 6 [7] 1:12 31:14 31:20 163:19 167:13 60(ii 1:18 608 [i] 163:13 63117(i] 6:22 32:3 178:2 Condenselt! TM 644-2191m 66 [i] 1:19 68 [i] 1:20 6th [2] 88:21 178:3 161:20 -7- 7(5] 1:7 15:25 66:8 7/16/70 m 72 m 1:21 732 m 129:10 734 m 49:6 744 m 157:8 7494 [3] 4:16 178:2 7A m 41:22 1:13 66:21 2:19 175:7 8(3] 41:23 814m 82 [i] 85 m 87 m 88[i] 889 m 8A[3] 61:14 8B[3] 61:14 8th m -8- 16:16 143:22 1:22 1:23 172:1 1:24 168:12 1:14 1:15 82:17 37:24 41:24 44:14 -9- 9[i] 1:16 9/8/55 [i] 908[i] 12:10 93 [1] 19:19 949 [2] 154:4 966 m 19:13 1:22 155:19 -A- A.M [2] 68:13 68:15 abandoned m 109:10 ability m 109:24 able [7] 29:7 47:25 56:22 76:22 80:15 81:22 133:20 above [9] 54:18 54:21 62:8 65:21 102:15 178:16 53:12 62:7 70:25 above-referenced m 178:12 abroad U1 61:5 61:20 74:4 74:9 45:23 71:23 83:9 absence m 111:13 absolutely (l] 19:9 abstract m 132:1 accept [5] 18:22 120:15 127:13 166:13 167:8 acceptable [3] 60:3 60:10 64:4 accepted m 55:9 55:11 142:16 53:12 65:21 accidentalm 156:18 accidentally m 163:23 according [4] 89:10 120:13 169:6 173:25 accountable [i] 161:8 accumulated m 69:7 accurate [9] 79:18 128:20 156:14 157:17 167:16 171:15 77:3 150:18 158:18 accurately m 144:22 153:12 156:4 158:9 172:13 ACGIHm 55:7 60:1 106:9 ACGIH's [i] 55:17 acting [i] 111:13 action [io] 107:12 122:22 123:1 129:1 136:11 175:14 4:5 122:23 130:7 175:15 actions m 152:6 147:12 activities m 115:24 actual [2j 151:14 70:23 acute [5] 141:25 157:24 158:16 168:21 172:10 acutely [l] 173:2 ad 4] 129:9 129:16 129:24 130:3 Adamm 173:9 add [3] 22:14 98:6 added p] 155:12 : 56:19 154:22 addition [2] 7:22 95:16 . ' : . additional [7] 5712 63:9 66:15 72:3 84:23 120:23 151:17 additive [3] 120:20 121:3 121:12 address PI 11:17 14:1 64:23 65:1 156:17 178:16 8:6 21:13 78:21 addressed [i3] 7:22 13:7 35:9 61:11 82:20 89:7 111:15 120:1 7:15 15:3 61:15 105:8 158:8 addressee [i] 73:3 addresses [S] 25:5 27:1 79:9 20:20 37:7 1978 - ahead MARCH 3, 1999 addressing m 13:14 18:16 48:12 118:17 adhering [21 26:11 7:2 19:3 127:7 26:4 adhesives [2] 139:13 139:22 adopt [i] 18:19 adopted (2] 89:19 55:7 adopting m 18:11 advantage [5] 86:12 86:16 86:21 97:12 98:2 advantages m 102:2 adverse [5] 17:24 18:2 128:15 17:19 18:4 affect [2] 156:11 156:8 affiliates m 61:20 aftermath [2] 83:17 83:21 afternoon m 4:14 afterwards m 6:4 again po] 40:4 50:14 71:10 82:23 86:3 88:24 93:2 96:18 108:21 108:25 133:3 138:11 139:20 140:17 144:12 149:11 150:16 156:13 169:19 170:19 38:16 65:18 84:6 89:15 104:7 129:2 139:7 140:18 150:7 158:8 against [4] 104:21 106:11 110:6 148:1 age [i] 6:9 agent m 24:6 ago (l] 98:21 agree [ssj 13:10 19:5 31:14 31:15 37:4 40:3 43:6 43:10 47:15 51:11 51:15 56:25 62:14 62:19 71:21 72:4: 73:1 73:6 -73:10 . 73:14 74:14 ' 79:16 : 83:5 84:8 84:12 85:21 85:24 86:10 86:20 89:10 98:14 100:1 100:3 100:7 100:14 100:19 104:1 104:3 113:13 116:20 116:24 117:18 118:22 119:5 124:2 131:3 131:17 131:20 142:6 142:7 148:24 151:4 151:7 151:22 154:20 156:2 156:21 157:22 Agreed [2] 40:22 6:1 agreement m 9:7 Agriculture [2] 110:21 127:16 ahead [8] 51:7 Index Page TOWOLDMONOQ51373 DR. KALEY 52:5 59:18 76:5 137:5 140:23 154:8 154:16 air [33] 38:1 52:8 56:3 57:22 66:9 69:25 75:9 81:25 86:25 102:14 134:15 27:14 38:3 52:21 57:17 57:24 68:20 73:16 76:24 82:9 101:1 102:19 27:25 38:5 55:2 57:20 59:9 69:1 74:17 78:1 86:4 101:13 105:3 al[5] 4:4 4:23 177:3 177:3 178:9 Alabama [6] 49:23 57:13 67:6 67:9 49:21 63:11 alkyd [i] 14:21 allegec [6] 144:19 145:17 145:19 145:21 145:21 164:13 allegedly [i] 145.10 allow [2] 138:16 92:20 allowable [3] 28:3 95:15 95:18 allowed [6] 33:13 34:3 104:8 104:9 33:8 104:5 allowing [i] 346 almostp] 5715 106:16 160:13 alone [2] 150:14 24:22 along [5] 59:4 76:4 119:7 16:16 118:8 always [3] 87:21 110:9 110:20 America p] 80:20 12:12 American [8] 4:24 37:25 111:25 114:9 178:9 4:9 89:12 123:17 among [3] 94:14 116:17 161:11 amount pi 141:21 44:19 amounts [i] 144:4 analogy [2] 172:15 40:23 analytical [7] 56:22 75:14 76:11 76:22 77:15 77:25 78:3 animal [is] 9:4 9:5 9:13 9:20 10:1 10:16 74:5 128:3 163:22 164:4 8:16 9:11 9:25 22:24 150:4 animals [is] 27:12 27:22 34:13 44:3 66:11 66:12 66:16 73:12 75:1 146:21 150:6 73:17 141:25 147:17 153:11 73:22 142:23 149:2 Anniston [9] 49:21 49:23 54:6 57:13 67:6 67:9 13:20 53:22 63:11 announcement [i] 169:12 answer [59] 34:1 43:3 44:10 45:5 47:11 51:19 65:6 76:17 77:7 92:9 92:22 93:4 93:8 93:21 95:15 107:11 107:22 110:1 112:23 113:24 125:8 125:23 128:23 134:7 138:9 138:16 138:24 144:4 145:4 145:6 148:14 152:3 156:1 156:12 158:6 158:20 159:20 160:19 167:13 30:14 43:17 47:8 59:13 76:20 92:20 93:5 94:25 107:17 111:10 124:9 126:5 136:19 138:18 145:2 147:2 152:18 157:12 159:7 162:22 answered p] 15:9 131:25 answering pi 87:22 160:12 answers p] 18:16 22:20 164:2 anyway pj 168:15 113:24 apologize p] 68:1 127:15 apparent [4] 66:7 102:14 149:12 149:22 appear [ioj 22:16 35:16 40:11 40:15 149:25 155:6 19:1 38:13 72:11 155:7 appeared [l] 116:13 application po] 19:15 20:4 31:10 32:14 53:3 56:3 65:16 87:8 87:9 87:21 88:11 102:4 121:10 133:6 133:7 133:7 137:17 138:22 139:4 140:11 applications pi] 15:15 15:22 19:15 40:14 87:1 87:4 87:7 87:23 121:8 123:4 132:9 132:10 132:16 132:20 132:24 133:8 133:11 137:13 137:24 140:8 147:8 applied [12] 24:20 24:23 54:15 58:2 63:2 63:18 107:15 151:5 24:20 54:10 58:10 64:25 Condenselt! TM applies [3] 27:10 27:21 34:11 apply m 63:16 64:3 74:16 168:23 approach [2] 125:20 128:21 approached [l] 115:16 appropriate [4] 56.24 96:4 122:2 148:23 appropriately [i] 88:6 April [8] 29:12 30:1 112:1 149:9 150:19 29:9 30:22 150:8 Arbor pj 6:4 175:5 178:21 4:17 175:20 area [4] 26:4 26:12 82:4 103:21 areas p 153:10 63:3 63:7 arguably [i] 105:20 argued m argument p] 95:19 96:2 81:14 81:18 armp] 22:24 Armstong [i] 178:9 Armstrong pj 4:6 4:23 6:17 11:9 11:10 11:10 11:21 Aroclor [i4i] 13:14 14:6 14:21 15:4 15:6 23:8 24:13 24:19 26:3 26:11 28:11 28:14 33:1 33:5 33:15 35:7 35:19 35:25 38:6 40:8 40:20 40:24 42:16 42:19 43:23 44:15 45:10 49:7 52:21 53:11 55:13 57:14 58:1 59:21 60:9 61:25 65:4 67:24 68:25 69:12 69:22 70:23 73:13 73:16 75:1 75:11 76:12 76:13 80:22 82:4 84:5 86:1 86:22 87:1 89:20 90:14 93:17 94:11 95:13 95:13 96:3 98:17 98:25 99:1 99:3 99:5 101:5 102:15 105:5 107:8 121:7 121:12 122:24 124:4 13:8 14:9 15:4 23:14 25:6 28:2 31:12 33:7 35:12 38:2 40:9 42:1 43:8 44:18 52:7 54:7 57:22 60:9 62:19 68:19 69:19 73:8 74:16 75:14 79:15 82:8 86:14 89:13 93:16 94:14 96:3 98:17 99:2 99:6 104:11 120:19 122:23 126:22 129:9 137:24 139:4 140:11 146:3 147:16 163:2 165:24 166:9 169:10 129:17 137:24 139:13 140:20 146:5 149:1 163:6 166:1 166:10 174:9 137:16 138:23 139:22 144:16 146:20 151:6 164:11 166:4 169:2 Aroclor's [i] 87:15 Aroclors [96] 13:24 14:3 15:23 19:14 25:25 26:17 27:3 27:11 27:22 28:2 28:5 34:12 41:4 42:6 47:4 47:19 48:2 48:10 53:2 53:16 59:9 59:18 62:5 62:10 62:21 62:24 64:16 66:9 67:19 70:5 79:6 79:23 81:6 81:9 83:8 84:18 86:8 89:4 90:18 90:19 93:16 94:21 95:5 95:10 96:24 98:8 99:10 99:12 99:16 99:22 100:10 101:20 102:3 102:8 104:6 110:5 112:19 113:15 122:3 134:17 141:24 144:17 164:23 166:9 12:23 15:17 25:20 27:2 27:18 28:4 40:13 46:25 47:24 51:12 55:13 61:16 62:16 63:6 67:17 72:23 79:23 83:7 84:24 90:13 93:13 94:24 95:25 98:10 99:15 99:24 101:24 102:19 111:21 114:11 136:16 150:12 art[i] 143:6 article i[8] 116:12 116:21 117:9 117:10 117:17 , 109:16 116:25 117:12 aside [ii]: ' 10:8 29:4 36:9 "3712 39:11 . 41:9 67:1! 71:17 88:10 131:2 131:5 : assessing [l] 74:17 assessment [i] 142:10 assigned'[7] 177:8 177:10 177:12 177:14 177:16 177:18 177:20 association [i] 67:25 assume [6] 44.25 46:21 100:2 130:24 142:2 150:16 assuming [3] 47.6 168:22 170:19 assumption [3] 99:14 124:10 168:24 assure [2] 148:22 147-23 air ~ Barrett MARCH 3, 1999 assuring [i] 148:8 ate[l] 163:24 Atkinson [i] 5:22 atmosphere pj 102:23 Atrium [2] 5:5 5:5 attach [i] 20:22 attached [6] 3:7 3:8 48:24 71:13 117:13 117:14 attaching [i] 48:25 attachment [i] 136:3 attachments [i] 48.17 attain [i] 156:3 attained [i] 82:3 attention p] 29:16 115:12 143:24 155:10 163:15 171:8 20:14 127:19 159:19 attorney p] 6:17 175:13 175:14 attributable pi 161:5 171:21 attributed [i] 153:5 August [5] 74:25 80:24 167:16 41:12 163:14 author [4] 46:18 56:16 58:12 157:11 authored p] 61:14 68:12 72:18 automotive [i] 140:1 available [6] 70:2 77:23 136:16 166:8 65:8 83:25 Avenue p] 4:16 175:7 178:2 average [i] 78:16 avoided [i] 35:13 aware [42] 14:4 15:13 16:15 16:21 17:1 17:4 41:6 43:24 45:12 51:24 52:3 59:11 63:12 65:18 69:20 69:23 70:13 73:23 . 0:10 95:7- 99:11 -103:4 105:2 . 107:3 107:12 107:18 108:7 110:3 118:17 126:7 127:2 134:3 134:8 134:12 135:17 138:20 139:11 140:9 153:7 158:5 162:16 167:14 awareness pj 55:9 135:5 -B- b [4] 6:22 42:13 97:13 146:15 background [l] 10:22 backwards [i] 114:2 bad [i] 77:21 Barrett [is] 61:12 71:15 1:22 73:4 Index Page DR. KALEY 82:18 84:9 85:7 86:11 83:6 84:16 85:23 89:2 84:3 84:22 86:1 basem 76:10 based [57] 14:19 22:15 29:1 30:10 37:2 37:5 43:2 43:10 52:15 53:18 55:4 55:8 56:17 65:8 69:7 70:2 70:22 74:21 77:15 78:2 84:14 86:25 90:22 91:1 92:5 92:14 101:18 101:25 120:6 122:25 131:14 132:18 135:10 136:22 152:7 158:22 162:15 166:7 9:7 23:6 31:23 40:1 43:19 54:5 56:3 66:23 70:18 75:22 80:19 87:19 91:7 101:15 103:25 126:25 133:19 144:10 162:15 bases [i] 67:6 basic [i] 166:20 basing [i] 98:7 basis [i9] 54:8 63:21 67:13 93:14 95:8 101:8 131:1 132:21 147:23 148:8 158:2 172:10 54:8 63:23 95:4 105:25 143:3 157:24 172:16 Bates [68] 1:9 1:10 1:14 1:15 1:17 1:18 1:20 1:21 1:24 2:3 2:5 2:7 2:9 2:12 2:16 2:17 2:20 2:21 2:23 3:3 3:6 12:10 19:13 19:18 36:25 39:6 45:19 49:5 66:4 68:9 85:16 88:20 106:21 108:13 116:9 118:2 129:10 140:24 149:8 151:3 155:19 157:7 163:12 168:12 171:25 1:8 1:11 1:16 1:19 1:23 2:4 2:8 2:14 2:18 2:22 3:5 12:20 19:21 41:11 60:22 72:16 103:10 111:5 119:22 143:22 154:4 159:25 170:25 battery [2] 121:6 121:3 bearing[i] 161:14 Beauregard [2] 61:23 62:2 become [2] 83:25 67:23 beer [3] 42:14 42:23 43:8 begin [l] 79:2 beginning [6] 72:7 83:9 141:10 141:14 begins [6] 32:17 33:1 149:11 171:12 behalf [3] 8:10 55:3 beings [2] 172:20 belaboring [1] belief [2] 101:11 believes [ij belittling [i] below [13] 36:25 54:19 57:15 65:23 70:4 75:2 77:10 156:7 Beltsville [ij Benignus [7] 15:14 41:25 50:15 50:21 Bergen [4] 118:9 119:12 best[i] 29:7 between [23] 6:1 7:23 47:22 56:2 58:25 77:8 77:14 80:11 103:2 109:7 109:14 112:7 114:3 145:23 168:7 beyond [17] 77:11 79:19 92:18 94:23 124:7 138:8 146:25 147:19 152:1 152:17 164:17 biased [i] Bio-Test [4] 108:6 114:18 Biology [2] 114:10 biphenyl [2] 25:7 biphenyls [4] 99:20 126:3 birds [7] 18:2 141:25 144:3 149:13 149:24 birth [3] 153:8 153:24 bit [3] 26:3 156:10 blanked [i] blanket [i] blip [i] 60:15 blocked [i] body [4] 128:3 128:6 128:7 born(i] 162:4 35:11 141:4 13:16 54:3 6:9 168:23 172:18 100:25 165:25 116:24 36:4 54:21 69:25 76:24 158:13 110:23 12:11 50:8 59:20 108:20 135:3 4:13 47:3 58:18 77:12 90:8 109:9 113:20 166:16 65:15 91:19 121:15 138:15 148:13 159:6 116:22 108:3 166:18 112:1 15:1 11:14 160:21 129:23 144:7 153:16 33:11 125:1 147:25 125:6 128:3 Condenselt! TM bottom [11] 20:7 30:8 102:13 124:20 140:24 146:17 162:1 8:13 39:12 130:16 154:10 Bran[i] 120:10 break [7] 37:16 45:14 82:12 82:13 103:5 150:23 173:13 breakdown [i] 34:21 breathed [i] 33:6 brewing [2] 42:7 42:3 Brian [2] 5:4 3:8 bring [i] 155:10 broad [i] 80:3 broaden [2] 122:13 61:9 broader [2] 17:22 17:21 brought [3] 8:17 12:15 127:19 Buchanan [i] 115:9 build [i] 155:22 build-up [i] 169:21 built [i] 74:5 bulletin [27] 19:15 19:18 20:2 20:4 21:8 31:7 32:14 34:22 36:12 37:12 40:10 44:21 79:14 91:14 92:2 92:3 154:5 154:9 1:13 19:21 21:4 31:10 36:2 38:15 79:12 91:15 124:4 bulletins [io] 21:22 38:11 41:2 41:3 48:20 55:3 20:18 39:22 47:16 91:9 burn [8] 25:19 25:21 25:22 25:25 25:25 26:1 26:7 26:13 burned [2] 26:12 26:4 burning [s] 118:8 119:6 119:10 136:18 137:3 by-product [i] 14:12 -c- C[3] 1:12 168:13 Campbell [3] 111:18 111:20 cancel [i] cancer [23] 161:2 161:5 161:10 161:10 164:14 165:24 166:5 166:11 167:25 168:4 168:19 169:1 171:9 172:4 173:23 5:1 111:15 98:1 160:24 161:7 164:12 166:2 167:15 168:7 169:2 172:19 cancerous [i] 164:1 canvas [2] 25:5 14:21 capacitors [l] 133:8 carbonless [i] 138:21 carcinogenic [121 162:4 162:14 162:16 163:6 163:20 164:5 164:24 166:22 167:2 168:1 169:10 172:24 carcinogenicity [2] 162:21 169:21 carcinoma [2] 164:14 165:18 care [1] 151:19 career [i] 64:13 careful [i] carefully [i] 87:10 175:10 Carolina [i] 5:17 Carolyn [2] 173:9 5:9 carried [il 126:8 case [29] 6:19 10:14 10:14 11:23 12:20 13:4 25:8 26:9 26:13 52:13 63:15 70:3 87:21 90:4 92:22 120:5 122:15 122:16 124:21 129:2 167:15 168:2 168:3 170:9 171:13 171:18 171:21 174:6 178:12 cases [2] 98:16 22:25 cattle [i] 163:23 causal [i] 83:22 causative [i] 109:1 caused [12] 35:19 66:21 67:19 128:5 168:4 169:1 171:14 172:25 24:3 67:19 155:25 169:2 causes [i 1 24:1 causing [2] 172:19 171:9 caution [21 70:7 151:12 . - -- CC[2] 123>7 - 178:23 CC's [i] 73:i cease [i] 91:10 ceased [4] 90:14 90:23 99:11 147:8 Celanese [5] 12:22 13:8 13:14 12:11 13:12 cellulose [i] 16:2 Celsius [il Center [2] 5:14 27:20 5:10 centigrade [i] 27:4 certain :i4] 7:2 47:4 47:24 51:22 80:4 84:12 131:3 132:20 4:19 47:23 53:10 130:17 142:17 base - chick MARCH 3, 1999 165:6 certainly [42] 17:25 33:12 44:23 51:4 55:17 56:15 60:5 60:8 75:22 77:22 80:11 84:1 86:3 87:6 90:22 94:15 111:13 114:14 118:11 126:6 131:10 131:15 133:17 145:3 157:21 162:23 167:8 168:25 15:6 42:25 51:24 59:6 65:21 79:9 85:4 89:15 106:11 117:5 128:11 133:9 147:10 167:7 CERTIFICATE [i] 175:1 Certified (2] 4:17 175:5 certify [3] 175:6 175:13 176:5 chain [i] 169:21 Chairman [i] 127:15 chance [21 163:25 85:18 change [8] 177:8 177:10 177:14 177:16 177:20 40:5 177:12 177:18 changed [21 165:21 51:2 changes [5] 34:16 176:7 176:10 177:6 178:14 characterization [io] 83:10 83:21 84:6 87:3 93:1 108:24 123:22 148:16 150:10 158:22 characterize [2] 50:14 86:5 characterized [i] 59:2 chart [i] 137:7 check [i] 60:4 checking p] 68:19 72:5 154:24 chemical [24] > < 11:5 18:6 43:12 45:23 47:17 47:17 51:11 52:6 52:16 78:18 78:22 79:5 90:9 90:14 91:1 93:12. 94:20 95:5 101:24 105:19 121:13 143:7 157:11 158:23 chemicals [4] 18:9 48:14 123:18 128:12 chemist [i] 56:22 chick [20] 108:22 109:2 109:9 109:15 109:25 111:22 112:8 112:20 112:21 113:5 113:20 114:4 114:11 107:2 109:3 109:22 112:2 112:21 113:15 114:6 Index Page TOWOLDMONOQ51375 DR. KALEY chicken [2] 107:15 107:9 chickens po] 107:20 107:21 108:6 109:25 114:17 114:19 107:2 107:25 114:15 163:23 chief [2] 83:13 127:11 chloracne [7] 35:15 35:22 171:18 171:20 172:20 172:22 172:25 chloride p] 22:17 chlorinated [4i] 27:11 27:22 28:2 28:5 32:19 34:12 38:1 38:2 38:5 55:12 93:16 93:17 93:19 93:23 93:23 94:1 94:2 94:6 94:6 94:11 94:12 94:15 94:16 95:10 95:13 95:25 96:3 96:7 96:23 97:8 98:4 98:16 101:25 109:1 112:25 113:1 126:3 144:6 145:7 145:8 146:4 chlorination [i] 98:1 Christopher [i] 5:13 chronic [2] 158:17 142.21 chronology [3] 2.11 124:19 124:24 Chuck [2] 108:19 106:22 circular [i] 41.25 circumstances [i] 166:4 cite[i] 167:25 CITY p] 176:2 175:3 Civil [l] 4:5 claim [i] 89:18 claimed p] 67:18 Clair [i] 161:7 Clarence p] 160:2 clarification pj 30:4 clarify p] 93:16 101:10 145:12 classification [2] 30:15 143:9 clean pj 160:6 cleaning p] 157:17 clear [9] 18:8 18:17 18:24 60:14 97:16 138:5 18:15 31:17 97:25 clearly [2] 168:2 36:8 closed [] 34:4 57:19 57:21 133:9 133:11 150:14 coated p] 25:6 coating [i] 84:18 coatings p2] 16:8 16:14 16:20 16:23 133:13 133:19 137:20 138:13 16:2 16:18 16:25 134:2 codep] 20:6 coded [i] 20:11 codes [i] 20:9 COld [2] 102:15 102:19 column [31 137:15 137:15 137:23 combination [i] 112:25 comfort [i] 77:9 coming [6] 83:18 83:23 88:24 90:1 60:15 84:1 comment p] 39:5 39:9 68:1 158:6 32:2 61:24 158:13 commented pi 86:3 comments [7] 29:1 31:23 32:1 86:7 100:24 102:14 120:16 commercial [2] 15:15 15:22 Commission [i] 176:22 commissioned [5] 164:22 165:5 165:8 166:17 175:5 committee pi 129:16 129:24 136:4 136:13 141:15 129:9 130:4 137:8 common [8j 48:18 48:25 74:9 157:14 172:11 48:13 64:8 158:4 communicated [5] 36:6 92:16 92:24 169:16 173:4 communicating [i] 83:6 communication [i] 91:9 , communications [i] 91:11 companies [l] 11:6 company [21] 4:10 4:24 7:2 7:10 11:2 11:6 43:12 51:11 52:16 52:18 90:12 90:14 153:6 171:4 4:9 4:25 8:10 12:20 52:7 90:9 147:7 Company's [l] 123:19 comparable [3] 54:10 69:18 69:21 comparative p] 158:2 compare [3] 20:18 21:8 37:16 compared [4] 94:11 94:12 94:17 133:7 Condenselt! TM compares pj 75:9 comparing pi 93:24 comparison pi 54 24 complete [i] 57.25 completed pi 163:3 completely [i] 77 6 composition p] 42:14 compound [5] 33:2 33:7 35:19 35:25 109:1 compounds [4] 33.6 35:12 40:9 157:17 comprehensive p] 153:9 conceive p] 58:13 concentration [HI 27:13 27:23 34:14 53:21 58:7 68:19 69:13 77:24 82:3 89:19 102:16 concentrations [8] 53:12 55:20 56:14 57:15 76:13 76:23 86:25 105:19 concept [i] 18:1 concern p6] 64:15 65:2 67:15 67:22 84:17 95:16 100:12 133:4 162:12 162:19 64:11 65:23 75:21 100:8 146:22 169:19 concerned [4] 63:23 83:7 122:21 122:25 concerning [4] 7:23 8:15 151:17 175:10 concerns p] 78:12 82:9 149:24 75:18 115:20 conclude p] 99:23 100:2 119:9 concluded p] 43:14 118:14 129:16 concludes pi 150:16 concluding p] 52:9 95:9 conclusion [22] 23:20 24:14 24:22 25:3 30:10 30:11 49:16 54:21 56:23 57:8 57:14 59:5 67:13 78:9 80:20 81:12 97:8 112:17 130:6 130:11 166:21 169:14 conclusions [4]157:5 65:10 65:19 165:21 conclusively pi 137:2 138:12 139:8 139:21 140:19 concur [21 174:3 77:22 condition pj 35:14 35:19 conditions po] 23:19 24:14 51:22 53:9 53:10 53:11 54:9 54:20 98:22 102:22 160:10 169:11 65:20 99:6 131:18 166:2 75:23 101:2 159:10 167:3 conduct [3] 43:25 45:9 43:21 conducted [8] 15:10 16:6 16:24 45:3 165:10 14:16 16:19 160:9 Conference [2] 37:25 89:12 confidential [3] 52:7 52:15 52:16 confined [4] 33:7 63:2 63:6 65:20 confirm [7] 16:4 16:6 42:18 52:17 136:21 164:5 168:15 confirmed p] 126:21 126:23 174:4 connection [7] 69:11 109:9 109:22 112:7 113:20 114:3 115:14 consequently p] 150:15 consider [2] 172:23 131:7 consideration [6] 88:4 88:11 92:10 92:15 93:22 105:13 considerations [6] 13:9 88:3 88:14 91:7 92:6 92:15 considered pi 43: l 43:18 50:23 94:15 142:22 144:5 157:13 157:23 172:9 considering [2] 84.25 85:1 consistent [is] 40:9 76:25 90:5 97:14 110:23 130:18 142:3 143:13 145:5 145:8 152:6 166:10 168:1 174:4 174:8 constructionm...... 140:1 v-r.- consumer[i] -87:9 contact [23] 22:23 24:1 24:20 25:19 25:25 32:21 -35:3- 35:4 35:5. 35:12 35:20 121:10- 121:19 121:20 121725 122:4 126:11 139:17 147:12 148:5 148:18 149:2 155:1 contacted p] 148:10 contacts [2] 147:16 146:20 contain p] 14:10 contained p5] 15:12 16:8 16:25 32:9 34:15 45:10 14:17 16:20 32:21 69:19 chicken - coixec MARCH 3, 199` 75:10 121:24 134:6 134:22 139:13 containers p] 152:14 containing [291 7:17 8:17 13:24 14:3 22:18 23:8 23:13 24:13 44:2 56:4 58:2 58:10 65:4 69:12 69:22 70:12 79:15 82:4 84:18 84:24 87:1 90:19 99:12 99:15 99:24 122:3 133:13 134:2 155:25 contains [i] 157:11 contaminant [3] 64:1 129:19 130:9 contaminate [2] 104:12 105:3 contaminated p] 163:22 contamination po] 129:20 134:16 137:10 137:15 138:2 138:7 139:16 139:21 140:14 140:19 contention p] 95:24 contents p] 87:19 62:13 context [4] 56:15 94:17 142:23 145:2 continue pi 102:3 70:19 continued [6] 3:1 57:25 94:20 114:5 2:1 93:13 continues pi 101:24 continuing pi 95:4 continuous [2] 35:11 53:13 controls pi 106:8 controversy p] 175:10 convince p] 148:22 COOpS [2] 107:15 107:9 copied [i] 71:12 Copies [3] 12:14 50:1 1-37:11 Copy(9| 20:10 . 29:7 29:8 39:1 71:19 138:22 160:6 178:11 178:L3 comer 1[il corporate [6] 11:17 136:1 136:12 137:8 154:10 6:23 136:4 Corporation [2] 12:12 12:22 correct [72] 8:21 9:8 22:19 24:15 26:2 30:19 34:19 37:7 49:24 49:25 50:7 53:16 56:1 56:17 6:20 10:18 24:16 30:23 39:24 50:6 55:14 57:6 Index Page TOWOLDMONOQ5137B DR. KALEY 58:10 69:9 76:16 81:10 83:20 102:5 103:14 108:2 110:13 117:15 127:6 138:7 139:5 148:16 156:20 165:17 176:9 58:14 73:24 76:24 81:23 87:2 102:9 103:25 108:23 112:18 118:11 127:9 138:23 139:14 152:9 157:1 169:4 176:13 69:8 75:17 77:3 82:5 97:23 102:16 106:4 110:8 117:8 123:6 138:3 139:1 144:14 153:4 165:14 175:11 CORRECTION [i] 177:2 corrections [i] 178:14 correctly [5] 55:19 111:21 134:17 134:18 166:13 corroborate [i] 128.21 corroboration [i] 128:19 counsel [6] 6:2 6:2 11:24 29:7 175:13 175:15 country [i] 171:13 County [i] 161:7 couple [7] 11:18 11:19 17:6 123:13 137:19 144:25 168:17 course [i] 159:4 Court [2] 4:20 4:1 cover [2] 109:20 29:6 covered [i] 20:25 cracks [i] 42:2 Craig [3] 5:20 6:16 12:14 create [i] 81:25 created [2] 102:23 39:4 criticizing [i] 116:21 crude [2] 77:24 56:20 CSR[3] 6:4 178:21 175:20 cubed [i9] 55:13 55:21 56:14 57:16 59:21 60:8 66:9 66:21 73:21 75:2 76:24 89:14 27:15 56:3 57:17 60:9 73:18 76:14 89:20 cubic [io] 27:25 28:3 38:3 38:5 69:14 70:1 27:14 38:1 55:12 74:23 current [4] 12:1 15:16 15:23 150:5 cursory [3] 38:13 39:25 161:1 customer [3] 48:1 124:3 143:21 customers [13] 47:23 82:8 92:16 92:25 146:19 147:15 148:7 148:17 47:4 91:12 100:16 147:23 149:1 -D- D [2] 119:24 120:13 D.V.N [4] 46:6 72:19 88:22 88:25 daily [i] 54:7 damage [6] 66:10 66:16 66:22 67:19 156:19 156:24 damages [i] 98:24 danger [i] dash [6] 37:2 72:23 113:1 125:2 144:3 46:25 113:1 data [i2] 19:15 31:10 32:14 58:20 84:5 114:8 141:22 164:5 20:4 57:25 85:8 153:8 date [25] 15:10 20:4 20:8 29:23 30:1 36:22 38:18 76:21 96:10 96:19 109:17 113:18 134:25 135:9 146:1 160:19 163:5 16:23 20:11 30:6 45:7 96:11 113:8 135:8 160:18 dated [ii] 106:21 108:13 146:13 157:9 163:14 170:4 172:1 103:10 116:9 161:20 171:4 dates [i] 152:9 David PI 115:9 2:6 Davidson [i] 5:15 Davies PI 160:2 days [41 64:5 69:14 69:15 178:16 dealt [i] 128:8 Dear p 178:10 death [2] 170:20 170:9 December [19] 13:7 13:16 15:10 15:16 16:19 45:20 94:21 96:5 99:13 116:13 135:7 161:20 12:11 14:17 16:8 88:21 96:21 124:25 162:13 decided [i] 162:2 deciding [2] 123:2 81:1 decimal [i] 77:11 decision [7] 99:9 100:9 100:13 100:15 declare m 91:8 100:13 100:20 176:12 decreased [i] 98:2 defects p] 153:9 153:16 153:24 defendant [i] 619 derived [i] 32:14 dermatitis [2] 13:23 14:2 differences [- 37:14 37:19 80:14 94:13 145:23 166:16 Defendant/American dermatological [i] [l] 5:7 22:25 Defendant/Armstrong dermatology m [2] 5:19 6:10 20:15 20:19 22:5 Defendant/Monsanto 24:18 29:2 [11 5:12 44:15 Defendants [2] 4 25 describe p] 6:2 15:20 141:7 34:25 11:24 define p] 17:15 51:3 118:19 described [4] 25:6 29:18 43:4 44:24 defined [4] 17:19 describing pi 42:1 18:21 23:3 23:5 DESCRIPTION [3] defining [i] 9:24 1:6 2:2 3:2 definition [9] 17:16 designate [i] 39:10 18:12 18:19 18:22 designated [l] 716 18:24 19:3 19:3 130:23 132:1 designation [6] 15:7 37:1 39:2 39:12 different p4] 20:9 20:9 20:24 25:2 41:5 48:20 80:9 93:5 137:14 19:12 20:17 33:18 68:1 137:13 differently [i] difficult [8] 29:8 56:16 58:13 102:19 140:2 33:14 20:7 56:20 137:12 difficulties p] 77:25 digit [i] 29:13 -- - DiMuro [147] 5:13 8:3 9:2 9:5 9:17 9:21 10:5 10:13 1:3 8:23 9:13 10:1 10:19 definitions [2] 10:22 42:4 42:13 12:14 12:24 16:9 130:24 degree [3] 144:19 145:15 degrees p] 27:19 27:20 demands [2] 26:13 97:25 27:4 26:7 designations [i] 152:4 designed [2j 27 7 27:20 designee [2] 11:17 6:23 desired [ii 178:14 17:11 19:5 21:18 22:10 28:22 31:16 32:11 36:10 18:11 19:8 21:24 22:12 29:15 31:20 33:25 36:13 18:17 21:11 22:2 25:12 30:4 31:25 34:23 38:19 demonstrate [i] 54:13 dentures [i] 17:2 department [43] 47:3 47:23 49:20 50:13 50:17 50:i9 50:22 50:23 51:2 51:5 53:25 61:2 61:5 61:24 63:1 64:15 71:5 103:13 103:23 104:3 104:5 104:17 104:21 105:1 105:9 105:11 106:12 110:21 111:2 111:9 112:16 113:14 116:17 123:6 127:6 127:8 127:16 127:20 128:25 159:11 159:19 160:10 161:11 departments [i] 61:19 detail [2] 141:8 100:12 detect [l] 77:20 detected pi . 42:23 146:3 - detection [2] 107:1 115:25 determination [2] 86:4 113:11 determinations [i] 56:20 determine [21] 42.23 53:21 54:6 54:9 54:17 60:3 66:15 66:21 78:4 107:14 107:20 134:1 134:5 135:14 137:2 138:12 138:18 139:8 139:2.1 140:19 148:3 39:23 42:21 49:15 52:2 65:6 67:8 ' 72:10 77:4 79:19 91:19 92:17 94:22 96:25 100:4 105:15 107:22 112:10 113:16 117:1 : 118:16 121:14 40:15 42:8 43:16 48:22 50:25 51:18 54:16 64:17 65:17 66:17 71:18 71:24 74:10 74:19 78:6 79:7 87:18 90:20 91:24 92:7 93:19 94:3 96:8 96:13 98:18 99:25 100:6 102:25 107:10 107:16 109:11 110:1 112:23 113:6 113:21 115:22 117:12 117:1.6 118:25. '119:13 124:6 v 125:5 depend [i] 92:21 depending [i] 93:23 deponent [4] 6:23 177:1 177:6 177:24 depose [1] deposed [2] 124:21 147:1 6:22 deposes pj 6:10 deposition [23] 1:7 4:12 6:3 7:3 7:9 18:13 18:20 19:9 79:20 91:20 100:6 102:25 117:2 157:7 175:11 175:14 176:6 176:8 176:11 177:2 177:6 178:11 178:16 depositions [2] 6:20 determined [2] 10:17 - 125::22 i26:4 127:21 54:19 130:2 ` 130:20 131:23 determining [i] 87:16 develop [3] 24:10 67:15 163:25 " 132:12 134:7 138:14 139:23 132:17 133:15 134:23 138:8 138:24 139:10 140:21 . 142:25 development [8] 144:9 144:24 145:17 50:22 50:22 112:8 146:24 147:18 148:12 114:11 136:1 136:4 149:19 152:1 152:16 136:12 137:8 153:21 155:9 157:19 diabenzo (2] 113:1 158:20 159:6 159:13 113:1 160:3 160:25 162:22 diagnosis p] 174:3 Dicker [i] 5:9 164:17 165:15 166:6 173:9 173:12 173:15 174:11 178:23 difference [12] 30:17 33:11 34:8 37:17 58:18 58:25 59:3 77:8 77:12 77:14 DiMuro's p] dioctyl [31 23:16 44:19 30:18 23:8 80:11 155:9 dioxins [2] 113:1 11:19 113:4 Index Page TOWOLDMONOQ51377 DR. KALEY direct [i4] 39:15 41:16 57:13 74:20 121:2 123:12 143:24 155:20 171:8 20:13 52:12 120:19 141.16 163:15 directed [3] 10:9 103:15 116:16 director [8] 50:5 83:19 85:22 100:21 161:23 45:23 84:11 127:11 disagree [l] 98:11 discontinuance [i] 99:21 discontinue [3] 99:10 100:9 101:19 discovery [i] 125:21 discriminating [i] 106:10 discuss [i] 85:5 discussed [8] 63:8 84:14 98:8 101:3 152:7 47:22 89:22 132:19 discusses [2] 34:6 87:24 discussing [i] 100:13 discussion pj 35:22 47:2 100:9 101:15 101:18 165:2 31:4 94:18 101:17 discussions [8] 55:5 126:6 147:5 147:10 147:11 164:25 166:15 166:19 disease-like p] 112:2 112:9 dispersal p] 136:17 137:3 dispersed [4] 33:9 33:13 34:3 34:6 disprove [3] 164:15 164:20 165:4 disputed [l] 167:1 disseminated [i] 50:2 distinction [2] 10:11 87:8 distinguished [i] 77:15 distributed [i] 70:8 distributors [ij 91:10 District [4] 4:1 4:20 4:1 4:20 division [i6] 49:21 51:16 52:7 53:6 56:1 56:13 67:5 67:12 79:22 133:23 42:1 51:20 55:19 63:10 76:16 153:7 divisions [i] 11:2 Doctor [10] 94:25 110:2 138:16 148:14 152:18 159:7 92:20 138:9 152:2 173:16 document [154] 7:5 12:9 12:12 19:12 19:17 19:20 20:5 21:14 21:19 28:22 29:5 30:8 30:11 30:12 30:15 30:21 32:12 34:5 35:17 35:23 36:19 37:3 37:4 37:5 38:4 38:14 38:18 39:3 39:10 39:11 39:16 40:7 40:12 43:10 43:14 45:19 46:18 46:25 47:7 47:7 47:13 48:4 49:5 49:17 51:20 52:20 52:23 52:24 55:6 59:19 59:23 60:3 60:5 60:7 60:22 61:22 66:3 66:6 66:7 67:22 68:2 68:8 71:16 72:1 72:15 76:1 76:2 76:5 76:8 80:6 82:17 84:20 85:11 85:14 85:16 88:20 89:11 96:16 97:5 103:9 104:2 104:23 105:9 106:21 107:1 107:4 107:5 108:12 110:4 110:22 110:25 111:4 111:5 111:24 112:13 113:17 115:4 116:8 117:3 119:22 123:10 124:15 124:22 125:2 125:2 129:7 129:11 131:14 132:18 135:1 135:9 135:10 135:18 135:21 136:23 138:10 139:6 139:15 140:13 140:16 141:11 141:16 143:17 143:20 144:10 147:1 147:7 149:8 149:16 150:21 152:23 154:3 155:17 156:1 157:5 159:25 160:4 161:1 161:19 161:19 163:8 163:12 164:3 168:11 168:16 169:18 170:1 170:6 170:18 170:24 171:24 173:21 173:24 174:2 document's pj 83:15 152:10 152:11 documented p] 170:9 171:13 documents [56] 8:14 8:15 8:17 8:21 8:23 8:25 9:2 9:6 9:9 9:10 9:12 9:13 9:18 9:20 9:21 10:15 11:22 11:24 13:25 19:12 29:25 30:11 33:15 37:3 42:5 42:9 42:10 44:7 50:9 70:15 76:18 79:4 80:17 90:3 94:13 94:14 94:20 94:24 95:3 95:8 95:19 95:21 95:24 96:2 103:1 106:25 Condenselt! 112:13 136:6 151:2 158:1 118:17 147:4 152:7 doesn'l p2] 51:23 54:20 64:23 65:1 86:11 86:21 91:17 92:3 101:16 104:7 118:18 127:14 135:12 155:23 done [56] 23:7 23:11 30:6 42:6 43:7 44:5 44:12 45:7 51:25 52:15 53:15 53:17 53:24 57:4 57:20 57:23 58:23 63:5 65:14 66:15 69:21 70:11 76:15 91:5 108:17 109:21 122:6 127:18 130:12 133:25 137:1 138:11 139:20 140:18 160:16 164:7 168:5 doses [i] doubt [4] 165:16 165:17 Dow pi 51:11 down p7] 20:21 21:15 25:13 36:4 60:15 67:3 71:15 78:11 83:12 102:13 125:17 130:16 139:12 146:17 156:7 158:13 169:5 169:8 Dr [159] 4:12 6:14 6:19 10:21 11:16 12:8 13:6 13:19 13:20 18:11 18:15 18:22 19:2 19:11 19:25 22:4 29:1 30:5 31:8 32:5 36:13 45:21 45:22 46:2 46:4 47:15 47:22 49:9 50:17 61:12 67:1 68:7 68:18 71:20 72:14 73:3 73:4 82:16 83:13 83:19 85:14 85:21 85:25 86:10 86:24 88:19 88:24 89:7 89:7 125:24 147:9 152:12 13:11 64:14 85:10 90:21 99:16 117:16 133:3 168:23 14:6 24:12 42:22 44:8 51:16 52:17 53:20 57:12 58:6 63:23 69:6 74:25 91:13 121:11 129:17 134:4 139:7 160:15 167:12 174:9 52:10 167:6 53:2 8:13 22:7 44:14 70:4 78:13 122:20 132:5 150:11 162:1 6:8 7:9 11:19 13:17 17:14 18:19 19:3 ' 21:13 30:5 31:23 36:20 45:22 47:3 49:4 60:21 67:14 69:10 73:3 74:3 83:18 85:18 86:1 87:24 89:2 89:11 89:16 90:1 100:24 103:8 108:11 111:2 111:24 115:4 116:17 118:4 119:21 124:2 126:7 127:8 136:2 146:18 148:25 151:1 153:5 155:20 159:24 160:20 163:15 166:14 168:11 171:24 174:8 176:20 178:10 89:22 90:2 101:11 103:11 108:14 111:8 112:15 115:11 117:3 118:7 120:1 124:14 126:7 129:6 143:20 147:22 149:4 151:11 154:3 157:10 160:2 161:18 164:25 166:16 170:1 173:19 175:8 177:1 89:23 100:22 103:3 106:22 111:1 111:13 112:19 116:8 117:25 119:6 120:22 125:20 127:5 135:21 146:17 148:7 149:7 152:22 154:9 159:3 160:8 163:11 165:20 166:21 170:24 173:21 176:5 178:7 draft [2] 129:25 130:15 draw [i] 54:21 drawing p] 56:24 54:22 drawn [i] 112:17 dried p] 65:13 65:22 Drinker [i] 59:24 drinking [i] 155:24 drop [i] 69:25 drops [i] 67:3 drying [ij 133:21 dual [i] 97:12 Duane pi 5:23 5:20 dubious [i] 53:2 due p] 13:23 14:2 82:8 98:2 105:19 duly p] 175:5 175:9 duplicated^ 58:8. 58:16 . during [4] 8:11 63:18 63:24 157:7 Dustin [1] 168:13 -E- E [9] 5:1 61:7 71:21 2:10 " 2:11 5:1 61:4 71:1 71:15 earliest [2] 134:20 118:13 early [3] 113:11 146:1 164:21 easier [i] 20:23 easy [i] 145:6 eat [i] 105:13 eaten [i] 105:3 direct - enclose* MARCH 3, 199` eating [6] 104:4 104:16 104:21 105-7 105:18 129:23 Eby [4] 106:22 106:23 108:19 110:4 Edelman [i] edema 21] 108:22 109:2 109:9 109:15 109:25 111:22 112:8 112:20 112:22 113:5 113:20 114:4 114:12 114:16 5:9 107:2 109:3 109:23 112:2 112:21 113:15 114:6 editors m 172:1 171:3 effect [7] 17:19 17:20 98:1 128:16 128:16 149:13 163:23 effects [HI 18:2 18:4 115:17 141:1 149:23 153:11 158:24 17:24 24:6 141:20 158:17 eggs [i] 126:22 eight p 4:13 64:5 either [i2] 50:12 51:25 89:11 91:10 110:11 120:19 136:17 137:2 44:4 72:9 93:24 121:2 elevated [8] 27:3 27:18 33:12 33:12 33:23 27:2 33:8 33:19 elevation [i] 167:24 elevations [2] 161:5 168:6 Ellenburg [6] 68:15 68:18 69:10 70:4 68:13 69:5 Elmer [7] 61:1 71:4 123:11 141:7 60:24 116:17 141:1 -i Elser[i]5:9 elsewhere [i] 172:17 elucidate [i] 66:16 Emmet [7] 11:19 50:4 66:4 ... 85;18 118:20 146:14 160:2 emphasized [2] 146:18 149:12 employ [ij 74:12 employed [4] I59.ll 160:21 175:1-3 175:15 employee [6] 13:13 46:9 46:22 83:1 106:23 175:14 employees [8] 12 2 159:4 159:10 159:15 159:19 160:10 160:24 161:11 emulsion [5] 62:21 62:24 139:22 62:16 139:13 enclosed [3] 53:9 178:11 178:12 Index Page TOWOLDMONOQ51378 DR. KALEY enclosures [3] 47:15 120:16 178:22 encountered [3] 28:11 28:14 40:25 end [20] 8:4 37:1 37:17 72:8 76:6 98:24 99:2 114:16 125:17 136:17 142:9 150:11 167:13 36:19 58:21 89:22 101:21 126:2 143:4 167:20 ends [3] 33:2 72:8 38:4 English [i] 79:22 enters [i] 64:22 entire [3] 99:18 154:20 154:20 entirely [3] 56:24 84:4 101:8 entitled p] 19:14 20:14 129:14 143:21 155:3 171:6 172:4 entries [i] 125:18 entry [4] 126:10 126:14 127:4 151:19 environment p] 115:25 118:15 126:18 144:5 146:4 146:6 151:20 156:3 169:20 environmenta [16] 9:6 9:10 9:18 9:19 9:23 9:24 10:8 127:16 129:19 134:15 145:24 151:10 155:3 155:11 156:12 158:24 environmentally [i] 26:23 envision [i] 120:19 envisioned [i] 132:10 enzyme [3] 127:24 128:10 128:14 enzymes [3] 128:5 128:6 128:12 epidemiology [2] 160:15 167:23 Eppley [2] 173:25 173:23 errata p] 178:12 178:14 178:15 escape pj 134:5 134:10 136:16 escaped p] 135:15 134:2 especially p] 27:11 27:21 34:12 78:25 Esq [6] 5:4 5:13 5:15 5:22 5:9 5:20 essentially p] 34:17 75:7 93:21 134:16 147:7 155:2 161:13 established p] 64:6 131:13 Estate p) 4:21 4:3 estimations p] 55:5 et [5] 4:4 4:23 177:3 177:3 178:9 etc [4] 101:4 101:4 110:6 144:16 etc. [l] 130:9 Ethel [3] 4:16 175:7 178:2 ethyl [i] 16:1 Europe [4] 45:24 72:4 11:6 74:22 evaluated [l] 158:2 evaluation [2] 88:2 88:5 evaporate [i] 97:19 evidence [i3] 93:14 136:16 156:8 156:11 165:18 166:8 166:25 168:18 76:13 136:24 156:12 166:10 169:1 evident [i] 43:20 evolved pi 33:22 33:8 exact [6] 81:11 95:19 160:19 165:8 32:23 152:9 exactly [9] 22:21 25:14 77:19 80:7 132:25 167:22 9:8 77:17 97:17 exaggerated p] 48:7 48:10 examination [6] 6:12 72:24 89:5 160:20 173:14 175:11 examinations [i] 159:4 examine [i] 81:5 examined p] 4:12 6:9 175:10 examining [i] 81:8 example [6] 22:18 27:4 91:17 92:4 142:18 157:15 examples [2] 157:14 168:17 exceed [i] 75:19 except [i] 172:25 exception p] 67:11 171:20 173:1 exceptions p] 142:13 142:17 144:13 150:1 158:12 excerpts [i] 47:16 excess p] 161:6 161:7 161:8 excessive p] 35:20 156:19 exchange [i] 103:2 exchanges [i] 125:10 excreted m 128:7 Executed [i] 176:15 executive p] 119:16 Executrix [2] 4:3 Condenselt! TM 4:21 exemplified [i ] 48:17 exercised [l] 70:7 exhaust Pi 27:21 28:12 28:15 28:16 33:16 106:2 27:7 28:13 33:2 exhibit [72] 12:9 19:12 21:10 28:18 31:6 32:21 33:19 34:10 35:8 36:11 38:20 38:22 45:16 49:2 60:19 60:22 68:5 68:8 71:22 72:12 85:12 88:17 103:9 106:18 110:16 115:2 116:6 117:23 119:19 123:8 129:4 129:8 135:22 143:18 146:13 149:5 152:20 152:23 154:5 155:15 157:7 159:21 159:25 161:16 168:9 169:24 170:25 171:22 12:6 20:23 28:24 33:3 34:15 38:15 41:22 49:5 66:1 71:13 82:14 103:6 108:9 115:5 118:1 124:12 135:19 146:11 151:11 154:1 157:3 159:22 163:9 170:22 exhibits po] 2:1 3:1 3:8 17:9 61:14 72:20 1:5 3:7 41:7 150:24 exist [i] 91:17 existed [1] 69:25 existence [i] 103:2 existing p] 77:15 50:23 exists pi 91:16 7:13 exited p] 100:6 expands [i] 26:2 expect [2] 160:5 106:15 expense p] 120:24 120:21 experience [2] 37:2 150:3 experiment p] 44:24 58:15 experimental [5] 27:12 27:22 34:13 112:1 114:10 experiments [2] 59:4 59:6 experts [i] 11:21 Expires [i] 176:22 explain pi 10:5 10:7 10:3 exposed [ii] 54:7 54:18 64:7 64:9 73:17 75:1 166:8 53:22 64:4 64:12 156:2 exposure psj 32:18 53:13 63:15 63:22 65:3 66:9 73:12 87:11 87:17 88:14 114:3 156:13 156:22 156:24 158:18 161:6 165:25 166:1 24:10 54:7 64:23 67:24 87:17 112:8 156:18 158:17 165:23 166:4 exposures [3] 54:11 54:18 67:10 express [i] 101:11 expressed pj 51:12 67:22 expresses p] 73:20 75:21 117:6 70:18 78:12 expressing [6] 75:18 84:12 84:16 100:8 100:12 100:14 expressly [i] 6:6 extenders pj 110:5 110:11 110:15 extensive [4] 121:3 150:5 158:15 173:22 extent [i4] 81:8 87:20 95:20 98:9 128:13 134:1 135:15 138:12 159:16 9:5 87:22 98:13 134:5 149:20 exterior [i] 102:4 extinction [i] 129:22 extractabiiity [7] 121:16 121:17 121:25 122:2 122:6 148:2 148:20 extrapolate [i] 98:9 extrapolated [ij 75:20 extrapolating [i] 74:5 extreme [2] 151:19 151:18 extremely [i] 131:16 -F- ;i;-/ Fp) 2:24' face [2] 13:12 facilities pj facility pj fact [23] 34:5 53:8 64:13 78:15 83:24 97:11 97:15 104:20 105:17 146:2 147:6 154:25 160:15 166:21 169:14 factor [i2] 74:12 75:9 78:21 83:22 112:21 112:22 113:10 144:5 factors [11 41:24 167:8 49:24 53:17 40:9 74:1 90:22 104:19 143:1 153:16 162:15 172:16 74:5 78:12 109:1 113:10 78:20 enclosures - fins MARCH 3. 199 tacts [4] 169:17 171:6 172:5 173:18 failed p] fairp3] 12:21 29:2 49:12 55:1 58:17 78:2 83:10 84:6 87:3 93:1 99:11 99:23 100:1 113:3 123:19 124:10 144:12 149:21 150:10 158:21 158:25 172:18 153:1 1 20:13 49:16 58:17 84:2 92:13 99:18 100:2 123:21 149:17 150:20 160:8 fairly pj 123:13 fallp] 132:2 fallacies pi 171:6 falls [2] 15:7 69:13 familiar pj 41:21 49:10 104:25 far po] 85:7 134:11 138:16 44:5' 114:8 137:23 153:14 44:13 122:19 138:10 Farmer's [i] 155:24 farther p] 78:11 169:5 169:8 fastp] 28:7 fatep] 162:2 fatty [i] 155:23 FDA [6] 108:21 109:2 109:8 113:10 121:4 148:20 February pi 66:8 66:14 157:9 157:18 158:14 158:19 66:4 126:9 158:10 fed p] 163:23 174:9 Federal pj 169:6 169:9 169:12 j Federation p] 111:25 114:9 feed [7] 146:21 147:16 148:11 148:11 148:19 149:2 163:22- feeding pj- 6114:22 126:23 164:22 feeling pi 130:10 feelings [i] 162:3 feels [i] 132:21 felt [2] 132:7 161:8 few [7] 10:22 69:13 69:15 141:6 150:1 41:2 .120:17 field pj 110:6 143:7 figure [i] File p] 36:16 138:16 22:12 178:25 film pi] 22:17 23:9 23:13 24:12 24:14 44:17 45:4 23:9 23:20 40:19 121:21 final [i6] 35:24 36:4 28:10 58:18 Index Page TOWOLDMONOQ51379 DR. KALEY 58:20 59:5 59:12 69:6 58:23 59:6 68:18 113:11 59:1 59:8 68:25 130:1 financially [i] 175:15 finding [4] 58:7 128:10 168:7 169:6 findings [5] 53:6 165:13 166:13 174:3 174:8 finds [11117:7 fine [io] 13:10 25:11 25:15 31:25 55:25 96:20 114:22 19:6 29:3 96:15 finish [2] 106:2 79:12 finished [i7] 14:2 14:17 15:11 22:18 43:23 44:1 45:10 76:8 122:7 134:6 134:21 13:23 14:24 39:25 44:9 122:3 134:12 fire pi 16:22 16:24 first [43] 9:15 10:10 13:6 23:7 25:17 32:8 34:25 40:18 41:16 45:22 57:24 59:22 62:2 75:13 83:5 84:7 89:21 111:11 111:12 120:9 129:18 137:19 141:5 145:4 151:3 155:7 157:12 168:18 175:9 9:17 19:24 31:12 35:5 42:13 59:19 73:15 83:11 90:8 118:22 130:4 141:24 155:4 157:22 FIS [3] 136:9 137:5 140:24 fish p] 117:19 141:25 144:6 17:24 129:21 142:23 117:7 129:23 144:3 five [i] 64:4 flattering [i] 117:5 flip [6] 51:7 140:23 154:8 171:10 137:5 154:16 flipped [i] 141:10 fluid [l] 157:16 focus [6] 62:15 64:19 78:16 86:25 93:5 122:14 focused [3] 146:2 146:5 146:7 focusing [2] 145:20 63:4 follow [2] 69:24 43:3 following [8] 15:22 37:22 97:3 105:24 177:6 14:5 69:1 154:22 follows [21 150:2 150:18 food [is] 120:20 121:3 121:12 121:19 122:4 122:8 146:21 147:16 148:11 148:19 163:25 169:21 105:3 121:10 121:25 129:20 148:11 149:2 forbid [1] 104:16 foregoing 121 176:6 176:13 forenoon [i] 4:14 form [28] 30:16 33:25 43:16 49:9 65:6 65:17 92:7 94:3 96:8 96:25 99:25 107:10 107:22 125:22 131:23 133:15 149:19 151:22 16:9 42:21 49:15 74:10 95:8 98:18 107:16 127:21 148:12 176:7 format [2] 41:21 41:19 formed [i] former [2] 13:13 128:5 12:2 formulate [2] 121:18 148:17 formulation [6] 146 20 147:16 147:24 148:9 148:23 149:1 formulations [i) 80:15 forth [3] 21:9 48:19 31:24 fortunately [i] 84:14 forward [4] 83:16 85:3 7:5 85:8 forwarded [5] 71:21 71:24 72:2 111:1 123:5 found [i4] 55:19 56:2 57:14 66:10 75:10 144:4 161:11 164:13 165:16 19:1 56:18 67:2 160:23 165:13 fourth [i] 132:5 frame [6] 8:1 109:18 122:13 125:11 135:10 146:2 framed [i] frankly [2] 114:15 142:15 80:10 Frederick [1] 161:20 free [4] 22:17 44:17 45:4 47:10 freely [i] 70:8 freight [i] 30:14 fresh [i] 165:6 Frm[i] 2:10 front [5] 28:19 32:1 32:6 32:13 173:16 full [1] 75:13 fully [i] 160:5 Condenselt! TM Fulmer pi 46:6 fumes [1] functions [11 furans [2] 113:4 future [i] 46:4 101:5 51:1 113:2 78:5 -G- Gardner [3] 73:3 89:7 46:4 garments [i] 35:13 Garrett [2] 104:10 Gary [i] 5:4 103:12 gases [i] 49:7 gasoline [i] 157:16 Gateway [i] 5:10 gauze [2] 24:20 24:23 GC [l] 126:21 general [33] 28:12 28:16 33:13 33:16 33:23 35:1 84:9 86:1 86:6 86:19 92:19 92:22 93:4 97:7 105:21 123:3 130:11 130:13 142:14 144:13 153:6 160:13 27:3 33:9 33:23 73:14 86:5 87:20 93:4 105:16 124:10 142:10 145:22 generally [12] 18:7 46:20 93:2 103:21 142:16 148:16 156:25 158:11 14:15 58:4 122:10 155:6 generated [i] 106:3 gentleman [2] 103:15 120:1 gentlemen [i] 50:11 George [3] 115:9 161:21 161:23 Gerard [2] 100:5 5:15 Ginsberg [i] 5:4 given [] 18:19 30:21 111:11 111:12 159:15 175:12 glass-lined [13 42:2 glean [2] 48:3 12:2 global [3] 129:18 129:19 130:9 gloves [i] 35:13 goes [16] 27:10 28:4 67:14 80:6 80:12 86:11 102:17 121:15 124:6 146:24 156:17 28:1 79:19 85:7 120:18 142:9 gone [3] 10:6 12:1 11:22 good [2] 54:5 146:10 government [4] 37:25 126:23 128:19 165:11 governmental [3] 89:12 122:22 123:1 greatly [2] 81:15 80:13 Greene [i] 5:16 Greensboro [i] 5:17 gross [l] 77:12 group [i] 51:6 growing [3] 130:8 130:13 141:21 guaranteed [l] 106:16 guess [io] 29:15 71:12 99:5 105:20 140:24 154:9 29:14 72:3 136:8 171:17 guidelines [3] 106:9 106:10 143:14 -H- H[4] 71:7 71:9 82:20 119:15 H-A-R -D-E-N [i] 46:17 H.R[2] 46:1 83:13 hand [i] 175:16 hand-printed [i] 152:5 handling [i5] 30:25 31:7 37:9 38:10 39:21 40:2 48:14 48:19 154:11 154:21 30:3 32:10 39:13 41:5 60:12 handwriting [i] 162:8 handwritten [7 1:12 28:22 31:22 135:4 162:1 162:5 162:24 happy [i] 71:14 hard[i] 51:3 Harden [2] 48:5 46:17 hardly [i] 56:21 Hardy [23] ;. 46:6 46:8 48:12 ' 72:19 74:3 74:3 74:14 75:7 75:17 76:10 76:21 78:11 81:5 81:13 82:2 ' 88:22 88:25 97:24 100:8 100:19 101:18 101:21 126:21 Hardy' S [1] 46:7 harm [6] 54:22 155:23 156:13 170:10 170:19 173:1 harmful [5] 122:24 141:1 156:4 122:23 141:20 hate[i] 172:15 hazard [3] 32:17 150:15 150:17 hazardous [i] 82:3 financially -- hour* MARCH 3, 1999 hazards 155:3 155:11 heading health [14] 9:14 10:2 10:11 10:18 54:6 115:18 150:15 150:17 171:19 101:6 171:6 61:25 9:3 10:4 10:19 150:7 171:14 heard [4] 11:23 46:7 heatp] 123:3 9:15 61:8 Heckscher [2] 5:20 5:23 heightened [i] 78:17 held [4] 31:4 147:6 166:20 173:4 Helms [i] 5:16 help [6] 47:21 83:14 90:17 128:6 52:8 90:21 helpful [i] hepatitis [3] 67:20 67:23 123:14 67:16 hepatocellular [21 164:14 165:18 hereby [4] 6:1 175:6 176:5 176:10 hereto [i] 175:15 hereunto [i] 175:16 hesitate [2] 178:17 29:13 high [13] 101:13 105:23 106:5 130:23 131:3 131:21 132:2 165:25 174:9 105:18 130:17 131:8 143:14 higher [i3] 95:15 96:4 106:13 131:1 131:5 131:8 131:16 131:19 26:23 98:3 131:2 131:10 133:10 highest [1] 131:13 highlighted [i] 160:3 highly 27] 28:2 28:5 38:2 38:5 93:15 93:17- - 93:-19- 93:22 94:1- c 94:6 94:11 94:15 94:16 95:10 95:13 95:25 96:3 96:6 96:23 97:7 . 98:15 123:18 123:25 141:24 145:7 157:13 157:23 histopathology m 163:3 hoc [4] 129:9 129:16 129:24 130:4 Holmes hi 126:14 hope [i] 162:3 Hoshino[i] 120:14 hot [3] 25:20 25:25 108:25 hour [3] 37:24 64:5 64:10 hours [i] 4:13 Index Page TOWOLDMONOQ51380 DR. KALEY household [6] 70:8 87:9 87:17 88:1 88:12 158:4 households [i] 87:12 Howard [5] 108:20 118:9 119:12 135:3 153:6 human [23] 9:4 9:6 10:2 10:3 10:18 10:19 22:25 74:6 129:20 150:15 168:4 168:23 170:20 171:9 172:20 9:3 9:14 10:11 17:21 120:17 166:8 170:9 171:14 humans [29] 44:3 44:6 78:16 117:7 144:5 146:21 149:3 153:17 153:24 155:24 156:8 156:11 166:5 166:11 168:2 169:3 172:10 172:24 173:2 8:16 74:18 144:4 147:17 153:18 156:2 156:13 167:15 170:20 172:25 hundred [l] 126:22 Hunt [6] 111:1 112:15 127:5 128:18 111:1 127:5 Hygienists [2] 37:25 89:13 hypothetical [i] 92:8 I- i.e [i] 174:3 IBT [i] 164:23 ICI [6] 99:22 103:3 99:9 99:11 101:19 102:20 ICI's [3] 100:9 102:13 100:20 idea (4) 29:20 91:13 109:12 141:12 identification [431 12:6 17:10 28:24 38:22 41:8 45:16 49:2 60:19 66:1 68:5 72:12 82:14 85:12 88:17 103:6 106:18 108:9 110:16 113:8 115:2 116:6 117:23 119:19 123:8 124:12 129:4 129:17 135:19 143:18 146:11 149:5 150:25 152:20 154:1 155:15 157:3 159:22 161:16 163:9 168:9 169:24 170:22 171:22 identified [i] 138:6 identify pi 17:11 21:13 21:21 identities [l] 113:11 idiosyncracy [2] 78:12 78:21 II [11 5:5 ill [11 67:23 Illinois [3i 4:19 161:8 175:6 imagine [21 56:22 56:21 immediate [i] 24:3 immediately [2] 26:6 26:12 impact [i] 90:12 implausible [i] 116.22 implication [2] 34 7 64:8 implied [2] 149:21 123:17 important [3] 29:12 56:15 84:21 in-house [i] 52:17 inappropriately pi 68:2 Inc [51 4:7 4:24 5:19 6:10 6:18 Inc. [i] 11:11 incident [4] 120:10 120:11 123:1 156:17 incidents [11 160:23 incinerated [l] 135.16 incineration [5] 118:14 134:17 134:22 135:2 139:17 include [7] 9:25 10:24 17:24 25:20 59:6 102:10 114:19 included [14] 20:21 31:11 33:3 33:10 35:20 36:2 45:3 55:2 169:7 11:3 32:25 35:15 44:9 100:24 includes [4] 11:5 35:1 11:1 58:20 including [4] 78:21 101:19 158:15 166:9 inconsistencies [i] 166:23 inconsistent [2] 78:9 162:25 incorporated [i] 154:21 incorrect [2j 150:16 156:25 increase [3] 89:13 160:23 161:10 increases [i] 97:25 incredible [i] 92:8 incrimination [2] 130:8 130:13 independent pj 173:22 INDEX [i] 1:1 indicate [u] 30:1 36:22 39:8 64:14 128:15 130:16 178:13 29:23 39:3 65:22 150:6 Condenselt! TM indicated [5] 51:21 59:15 114:14 124:21 177:6 indicates [9] 27:23 34:13 38:18 52:11 137:16 153:8 27:12 36:15 74:4 indication [11 100:18 indirect [21 121:3 120:19 individual [21 70:12 168:4 individually [2] 4:4 4:22 induce [1] 128:12 induction pi 127:24 128:10 128:14 industrial p5] 31:13 87:4 87:16 88:1 89:12 106:6 108:3 108:5 121:13 166:17 26:18 87:8 88:12 106:14 114:18 Industries [6] 4:7 4:23 5:19 6:10 6:18 11:11 industry [4] 42:3 42:7 80:9 158:23 infested [i] 163:25 influenced [i] 100:20 information [27] 14:19 23:6 47:6 48:3 54:23 65:8 67:12 69:7 70:2 70:3 74:13 86:1 86:6 87:24 100:21 114:21 120:17 126:19 126:25 127:23 128:13 128:14 136:22 143:15 153:23 163:14 168:1 ingested pi 173:2 172:10 ingestion [6] 42:15 42:19 43:22 114:19 114:20 114:22 ingredient [6] 13:24 14:3 14:18 78:24 79:16 80:23 inhalation [nj 32:20 34:19 35:2 37:18 40:6 40:22 44:1 44:8 86:18 86:21 98:23 114:19 155:1 initial [i] 65:15 initials [21 162:6 30:16 injured [i] 172:20 injuries [1] injury pi 172:25 172:22 73:21 input pi 85:6 85:2 inquired [i] 111:21 inquiries [i] 48:1 inquiry P) 12:21 14:6 109:10 insecticides [2] 110:6 157:16 instance [4] 24:7 95:12 121:21 133:20 instances pi 146:22 institute [4] 44:9 104:15 173:23 173:25 instructions p] 39.21 41:5 intended [9] 93:3 102:4 121:2 121:5 121:12 122:5 91:23 119:10 121:7 intent [i] 98:9 interest pj 162:18 51:12 interested [2] 128:11 175:15 interim [12] 49:9 49:12 58:18 58:25 59:9 68:16 69:1 150:4 49:6 49:13 59:3 68:22 interior [i] 102:10 interoffice p] 41:10 41:12 interpret [i j 117:4 interpretation pi 162:24 interviewedj;i] 12:1 intrinsic [i] 97:13 introduced [2] 128:3 158:14 introduction [4] 51:10 53:1 53:18 54:1 . investigations pi 110:10 110:20 inviting pi 85:6 85:2 involved [9] 44:1 50:12 50:16 50:18 88:3 109:2 43:22 50:15 61:19 involvement p] 52:12 : involves p] .169:20; involving [i] 42:19 * iodine p] 157:15 irrecoverable pi 170:10 170:19 irreversible [4] 172:21 172:22 172:23 173:1 irreversibly p] 172:19 irritancy pi 24:21 irritant [7] 23:20 23:23 24:15 24:24 23:10 23:25 35:7 Isham [i] 168:13 issue [12] 62:10 78:22 84:1 108:22 111:22 118:18 150:1 150:7 14:1 81:1 109:8 118:24 issued p] 37:5 household - Kale' MARCH 3.199< 68:25 73:11 issues [5] 7:2 11:17 62:15 62:20 145:25 item pi 104:14 138:21 items [2] 158:4 13:24 Izaak [2] 169:16 168:14 -J- I [71 71:15 73:4 82:18 85:22 86:1 89:2 111:15 J-A [i] 46:4 J.Wpi 1:22 61:12 Jack [i 103:12 January [9] 7:24 36:22 39:4 115:8 119:23 120:24 122:11 144:8 144:23 Japan p] 120:7 122:22 123:2 JBS [i] 4:6 Jenkins [4] 13:6 13:17 13:19 13:20 Jensen [6] 115:14 115:19 115:20 125:15 125:15 126:7 Jersey [5] 4:20 5:6 5:14 4:1 5:10 JOAN [4] 4:3 4:4 4:21 4:22 job [i] 21:15 Johannsen [2] 2:24 161:20 John p 149:10 Johnson [4] 111:6 111:8 111 :24 112:19 joint [6] 120:4 126:8 140:4 140:9 120:6 140:6 Journalp] 107:7 Jr [i] 5:15 July'p2] 106:21 - 109:7- 109:14 i 52:24 153:2 153:15 168:12 169:17 106:25. 14(5:4 6 ; 153:13 168:20 June [5] 37:4 111:5 112:9 113:3 113:14 jury pi 67:18 67:21 68:1 justification pj 120:20 Juvenile p] 131:15 -K- K [3] 71:7 82:20 Kaley po] 6:8 6:14 7:9 10:21 71:9 4:12 6:19 11:16 Index Page ! TOWOLDMONOQ51381 DR. KALEY 12:8 17:14 18:15 18:19 19:2 19:3 19:11 19:25 21:13 22:4 30:5 30:5 31:8 32:5 36:13 36:20 45:21 47:15 49:4 49:9 60:21 68:7 71:20 72:14 82:16 85:14 85:18 88:24 103:8 103:11 106:22 108:11 108:14 115:4 115:11 116:8 117:3 117:25 118:4 119:21 120:1 120:22 124:2 124:14 129:6 135:21 136:2 143:20 146:17 149:7 151:1 151:11 152:22 153:5 154:3 154:9 155:20 157:10 159:3 159:24 161:18 163:11 163:15 168:11 170:1 170:24 171:24 175:8 176:5 176:20 177:1 178:7 178:10 Kaley's3 [5] 18:22 29:1 88:19 18:11 31:23 keep [3] 73:2 106:8 159:3 Keller p] 124:20 2:11 Kelly [33] 11:19 50:5 67:1 67:14 85:18 85:21 86:10 86:24 89:11 89:16 90:2 100:22 111:2 116:17 119:6 126:11 146:18 147:22 148:25 149:4 160:8 160:20 2:15 66:4 83:19 85:25 87:24 89:23 103:3 118:8 146:14 148:7 160:2 Kelly's [4] 50:17 100:24 101:11 111:13 kept [i] 159:16 Kettering [i3] 44:12 66:24 73:11 74:16 75:20 83:17 84:4 84:10 44:8 73:7 75:8 83:24 89:23 kidneys [i] 155:22 killing [i] 129:21 Kimbrough [7] 164:7 164:25 165:6 165:7 165:13 165:20 166:14 Kimbrough's 5] 166:16 166:21 173:19 173:21 174:8 kind [6] 48:25 64:9 87:24 102:1 132:24 133:3 kinds [8] 56:23 64:7 121:8 147:5 147:13 56:19 80:4 147:8 knew pi 8:7 66:8 82:25 87:20 112:11 113:4 113:14 113:19 136:19 knowing [2] 166:18 54:21 knowledge ps] 7.23 8:11 8:15 12:2 16:4 34:22 109:14 122:16 134:21 134:25 137:1 137:4 139:20 139:24 140:17 140:18 140:22 152:12 152:15 153:12 153:22 155:23 157:20 166:25 175:9 knowledgeable pi 7:16 known p] 10:24 60:1 133:17 136:24 160:18 knows [2] 152:18 152:2 Krummrich[6] 103:16 103:18 104:15 104:23 159:12 159:15 -L- L [3] 13:6 119:15 13:20 L-95-cv [i] 4:5 L.L.P [i] 5:16 lab [4] 66:24 83:24 84:10 164:13 Lab's [l] 83:17 label p] 151:10 151:18 labeled [1) 34:18 labels [5] 151:5 151:5 152:5 152:8 152:8 laboratories [i] 51:16 laboratory pi] 51:21 73:7 73:11 110:23 153:11 163:21 166:1 166:18 169:1 169:3 174:9 labs [4] 44:12 75:8 84:4 126:23 lack [2] 77:8 77:12 language [4] 13:3 21:1 40:11 40:15 large p] 9:9 15:16 15:22 82:4 84:17 last po] 31:9 34:22 35:8 36:2 36:6 36:21 37:23 39:2 39:6 40:23 56:7 69:6 76:14 99:8 110:18 110:22 118:5 134:14 139:25 147:21 31:14 35:21 36:20 38:25 40:5 62:14 81:4 110:19 122:20 144:25 late [7] 45:7 146:1 156:5 156:22 161:4 135:4 156:18 Latex [9] 51:13 69:12 69:16 75:15 Condenselt! TM 76:12 79:24 80:11 80:21 80:23 Latham m 5:13 Laurel [i] 5:6 Law [i] 5:4 lawful [i] 6:9 lays pi 104:10 leaching p] 136:17 137:2 138:3 138:13 138:18 140:15 lead [8] 17:18 66:16 75:24 78:21 81:9 97:8 118:14 123:2 leading [3] 58:21 107:2 129:19 League PI 169:16 168:14 learn [i] 153:15 learned [2] 112:14 112:11 learning p] 107:6 115:19 158:23 least [i7] 62:14 66:8 72:7 73:15 74:8 74:24 100:8 100:20 138:5 155:6 170:16 40:7 66:14 74:4 86:7 105:1 160:9 leave [i]128:19 led p] 125:18 145:24 left p] 23:3 31:6 154:10 less [io] 35:9 94:6 94:12 95:17 98:16 99:6 132:8 69:14 95:16 99:2 letter ps] 12:11 12:21 13:7 13:13 13:16 15:14 50:20 50:21 61:24 62:4 62:6 62:7 62:8 71:4 83:6 96:11 99:18 99:19 102:14 115:8 123:11 125:1 125:9 125:12 125:18 126:11 126:21 127:5 128:18 128:23 149:9 160:1 168:13 176:25 178:16 letters [i] 103:2 level [24] 14:13 54:14 57:16 59:16 59:20 64:3 65:15 65:19 73:13 73:16 74:17 74:17 89:13 101:13 133:18 166:1 levels [44] 55:6 55:7 55:11 56:2 58:12 60:2 60:3 60:6 64:1 64:7 64:12 64:15 65:21 65:22 14:12 55:1 59:16 64:10 67:3 73:20 78:4 106:11 54:24 55:9 58:9 60:2 60:10 64:11 65:9 65:23 66:8 69:25 75:18 75:23 77:25 89:18 131:16 158:18 66:16 73:19 75:19 75:25 81:25 90:10 156:3 66:19 75:10 75:22 77:2 86:4 106:8 156:19 Liberty P) 5:23 5:21 life [3j 6:20 149:23 18:4 lighter [l] 157:16 lighting [i] 121:22 likely [2] 132:16 95:17 limit p] 28:3 53:12 64:2 69:14 95:15 95:18 96:4 limitations [i] 78:2 Limited pi] 45:24 46:9 47:17 78:22 94:20 94:25 101:24 11:5 46:22 93:13 95:6 limits [4] 37:22 37:24 64:5 87:11 line [is] 29:17 29:18 30:7 36:21 40:6 91:22 100:15 100:18 177:8 177:10 177:12 177:14 177:16 177:18 177:20 lines [i] 118:6 lining p] 80:2 79:25 linings [i] linkage HI linked [i] 137:21 119:14 119:11 liquid p] 97:20 33:5 list [27] 1:5 3:1 15:15 21:5 22:6 31:14 31:16 31:20 31:21 31:22- 31:24 32:3 32:3 32:13 50:1 73:2 123:7137:14 2:1 20:22 31:9 31:18 31:22 32:1 32:4 50:11-' 137:13 listed [2] 139:3 71:3 literature pi 36:16 114:6 - litigation [4] 8:22 9:22 11:21 115:14 liver [13] 66:10 66:16 66:21 67:19 98:24 155:22 156:19 156:24 164:14 165:24 166:2 166:5 166:11 living p] 17:23 17:19 LLP [2] 5:20 5:23 localp] 28:11 28:15 located p] 11:6 Kaley's - ly MARCH 3, 199' 11:7 logical [i] London pj 111:16 127:8 81:12 61:12 longer pi 92:11 102:8 104:5 104:7 158:17 look [23] 36:14 37:23 38:16 39:11 39:13 53:25 61:25 73:1 75:3 88:13 91:14 141:11 151:9 155:10 165:6 37:12 39:5 41:2 71:16 85:19 99:5 155:5 173:17 looked [12] . 11:22 12:18 36:2 39:16 59:19 60:1 68:16 68:22 72:8 109:8 133:19 133:23 looking [i3] 31:6 32:2 36:19 39:20 67:10 96:16 108:21 126:16 22:5 36:17 42:12 98:24 160:16 looks [4] 39:18 75:7 20:3 92:1 loss [2] 133:9 136:25 losses [8] 132:8 132:9 132:20 132:22 133:13 132:7 132:15 132:23 lost [2] 95:22 132:24 Lothar p] 4 4:3 Louis pi] 71:1 71:5 82:21 83:18 83:23 84:1 85:2 85:5 103:20 103:21 127:6 175:3 176:2 178:2 4:16 71:21 83:20 84:23 103:18 108:21 175:7 love [i] 154:13 low [5] 14:12 77:25 131:8 143:14 168:21 lower po] 27:21 28:6 34:12 38:1 66:16 66:19 87:11 93:23 97:13 97:21 145:7 146:4 158:18 27:11 32:19 . 55:12 75:5 97:13 131:8 156:10 Ltr p] 2:6 2:24 2:10 . lunch [2] 105:13 lunches [4] 104:13 104:17 103:5 104:4 104:21 lung [i] 161:6 Lustrex [8] 69:16 75:15 79:24 80:11 80:23 69:11 76:12 80:21 lye[l] 157:15 Index Page 1 TOWOLDMONOQ51382 DR. KALEY -M- M[4] 27:15 111:6 111:6 111:15 M.D pi 66:4 85:18 111:6 M.L [i] 46:17 MAE [60] 1:9 1:10 1:14 1:15 1:17 1:18 1:20 1:21 1:24 2:3 2:7 2:9 2:16 2:17 2:20 2:21 2:23 3:3 3:6 12:10 19:19 19:21 41:11 41:11 49:6 60:23 68:9 72:16 88:21 103:10 111:5 116:9 143:22 149:9 154:4 155:19 160:1 163:12 170:25 171:25 1:8 1:11 1:16 1:19 1:23 2:5 2:14 2:18 2:22 3:5 19:13 20:6 45:19 66:5 85:16 106:21 119:23 151:3 157:8 168:12 Maertin [8] 4:3 4:4 4:22 4:22 178:9 4:3 4:21 177:3 Magazine p] 116:13 makes [3] 24:5 101:21 146:9 man [4] 141:25 142:23 168:22 173:2 manager pi 153:7 manner pj 36:1 manners p] 137:14 manufacture pj 17:2 101:25 105:19 manufactured [8] 13:24 14:2 43:8 49:24 103:19 103:24 104:6 159:12 manufacturer [i] 14:13 manufacturing [4] 106:4 106:12 106:14 150:3 March [ip 68:9 71:14 123:20 146:14 147:15 175:17 178:12 4:13 123:11 146:23 178:5 marginally [i] 65:21 marine p] 137:20 129:21 mark [i6] 17:7 28:18 38:19 38:21 45:15 60:18 106:17 108:8 114:25 159:21 12:5 28:21 41:10 88:16 114:24 169:23 marked [95] 7:6 7:7 12:6 12:9 17:9 19:11 19:17 28:24 29:5 32:15 38:14 38:22 40:12 41:7 45:16 49:2 49:5 60:19 60:22 66:1 66:3 68:5 68:8 72:12 72:15 82:14 82:17 85:12 85:23 88:17 88:20 103:6 103:9 106:18 108:9 108:12 110:16 111:4 115:2 115:5 115:5 116:6 116:9 117:23 119:19 119:22 123:8 123:10 123:12 124:12 124:15 124:17 124:24 129:4 129:7 129:8 135:19 135:22 135:22 136:9 143:18 146:11 149:5 149:8 150:24 151:2 151:4 151:8 151:12 151:23 151:24 152:20 152:23 154:1 154:4 154:16 155:15 155:18 157:3 157:6 157:6 159:22 159:25 161:16 161:19 163:9 163:12 168:9 169:24 170:2 170:22 170:25 171:22 171:25 173:17 market [i] 70:18 marketed [2] 70:14 118:1 marketing pj 50:16 marking pj 72: i 71:18 Mason PI 149:10 mass [i] 126:22 material [26] 17:18 22:22 23:7 23:25 24:4 24:5 70:20 97:12 121:1 121:2 121:21 128:2 128:7 146:5 157:14 157:23 167:2 14:14 22:23 24:2 24:8 97:19 121:5 128:6 154:22 163:22 materials [i7] 24:7 25:21 63:16 98:13 98:14 98:16 99:7 113:12 120:13 128:2 128:2 128:4 134:17 137:7 146:6 147:13 157:21 Mather [51 61:7 71:1 71:21 61:4 71:15 matter pi 108:14 97:15 matters [3] 50:13 50:13 175:10 maximum [9] 27:12 27:23 34:13 53:12 55:5 55:9 64:1 89:18 102:16 may pi] 6:3 11:7 14:12 17:25 20:11 20:12 22:16 27:15 Condenselt! TM 28:11 28:14 30:5 30:9 30:19 30:19 34:16 37:4 39:8 40:24 44:11 63:16 71:3 74:3 76:9 78:17 83:3 91:4 91:4 98:1 98:4 100:1 104:24 114:7 118:20 125:9 127:4 127:19 132:2 132:2 137:14 142:22 147:2 147:22 148:17 151:23 151:24 153:8 156:25 160:1 162:2 167:24 173:12 MCC [io] 43:1 43:12 79:25 80:2 80:20 89:16 43:1 78:25 80:4 89:24 MCL p] 79:22 81:1 111:15 mean [4i] 17:20 17:20 18:1 18:4 21:9 26:19 48:9 48:16 54:20 68:2 77:18 87:6 97:2 101:3 105:16 113:24 115:23 117:16 128:1 133:6 142:24 143:16 144:24 145:3 162:6 162:25 167:1 12:25 18:1 18:24 26:22 52:12 72:7 94:8 105:5 114:5 122:23 134:24 144:11 156:21 164:19 meaning [6] 19:9 28:4 34:8 119:10 148:10 158:14 means [S] 11:10 11:14 80:1 81:8 121:1 10:4 43:13 104:8 meant [6] 16:13 27:17 48:13 77:20 143:3 168:22 measure m 133:20 measured p] 73:12 measurement PI 73:8 151:15 measurements [i] 56:23 measures pj 97:18 151:19 measuring p] 77:25 media PI 149:25 134:10 medical p6] 45:23 50:5 50:13 50:17 50:18 61:1 61:4 61:19 61:23 63:1 64:14 71:5 83:13 83:19 84:11 85:21 100:21 103:13 104:3 105:1 111:2 111:8 112:15 113:13 116:17 123:6 127:6 127:8 127:11 127:20 128:25 159:4 159:10 160:10 M - Monsant MARCH 3, 199 161:23 169:17 medicine [i] 46:15 mildly p] 172:9 milkp] 155:24 meet [2] 83:18 90:1 milligram [6] 56:2 meeting [8] 2:13 84:11 84:13 89:25 57:16 69:14 69:25 89:14 89:20 111:25 135:25 136:1 milligrams pi] 27:14 136:3 27:24 28:3 38:1 meetings p] member [2] 111:8 members p] 147:12 103:12 116:16 38:4 55:20 57:17 66:21 74:23 55:12 56:2 59:21 67:2 75:2 55:13 56:14 66:9 73:17 75:25 memo [23] 1:22 76:14 76:24 2:15 62:11 62:22 69:17 75:7 45:20 62:13 62:23 70:2 78:11 60:23 62:20 66:4 74:15 78:22 million pj Minckler [2] 153:6 mindp] 100:5 126:23 119:15 85:22 86:17 87:19 mine pi 21:1 103:25 108:19 116:12 Mineral [4] 119:12 4:24 5:8 4:9 178:9 memoranda [i] 41:17 minimum [i] 30:22 memorandum [i3] 61:16 68:10 68:12 minor [2] 37:17 34:16 * 71:14 82:18 85:17 88:22 103:12 111:6 119:23 120:14 146:14 163:17 minute p] minutes [4] 135:25 136:3 48:9 2:13 147:11 memos p] 41:12 41:10 mischaracterization [l] ' 125:10 mention [i] 40:20 mentioned m 88:12 105:23 112:12 114:7 135:2 169:14 174:5 mishandled p] 123 24 124:1 mishandling pj 124:3 merited p] 120:23 metp] 6:17 metabolize p] 128:7 Missouri [7] 4:18 175:2 175:7 176:1 mistp] 101:7 4:16 175:6 178:2 - meter ps] 27:25 28:3 38:3 38:5 55:13 55:20 27:14 38:1 55:12 56:3 misunderstand pj 76:7 misuse [i] 124:3 56:15 57:16 57:17 misused p] 123 24 59:21 60:8 60:9 124:1 66:9 66:21 69:14 Mitsubishi [l] 120:4 70:1 73:17 73:21 74:23 75:2 76:14 mixture [i] 156:22 76:24 89:14 89:20 MKD[3] 1:6 method PI ' methods pi! 27:20. 77:15'' 78:3 . 77:6 27:7 77:23 ' 2:2 3:2 ,. MMK [2]; - - - 120:2 : 120;3;:: |J j ii^'; moderate m 14311 MG [i] 27:15 middle [3] 168:17 170:8 might [32] 24:10 39:7 78:13 . 22:14 54:8 moderately [3] 142 22 142:24 143:8 modification [2] 139:3 139:9 modified [l] 1421 56:19 63:2 63:17 modify [i] 25:9 63:24 67:18 67:25 moment p] 28:20 79:23 84:13 92:25 98:21 100:5 96:4 100:15 123:1 142:13 99:2 100:18 131:7 143:14 100:15 106:3 141:13 143:15 moments pi 141:7 monitoring [2] 52:1 52:4 147:24 148:9 148:19 MONS [4] 2:8 148:23 163:25 171:19 2:12 118:2 129:10 176:8 Monsanto pos] 3:4 migrate [i] migrates [i] 148:21 121:21 4:9 4:24 7:2 7:10 7:16 8:10 Index Page TOWOLDMONOQ51383 DR. KALEY Condenselt! Monsanto's - obviousl 10:23 11:2 11:6 12:22 14:16 16:6 18:19 36:16 43:12 43:25 45:23 46:9 47:17 50:2 52:11 55:3 59:12 63:1 65:8 68:10 73:23 76:18 82:7 85:22 90:9 90:18 93:12 94:20 96:5 100:16 102:14 105:2 107:13 108:20 109:23 113:4 114:2 115:10 118:23 119:24 123:12 124:20 125:19 126:6 129:23 131:3 132:14 134:4 136:21 138:12 140:18 144:23 147:14 151:6 153:7 153:15 156:5 157:12 159:3 162:12 164:21 165:10 166:3 166:22 168:19 170:12 173:4 10:24 11:3 12:2 13:13 14:20 16:18 19:2 41:19 43:14 45:3 45:23 46:22 49:14 50:5 52:16 56:1 61:5 63:5 65:11 70:11 74:1 78:22 83:1 87:13 90:12 90:25 93:18 94:24 96:21 100:22 102:20 105:24 107:19 108:23 111:9 113:14 114:14 115:18 119:2 120:4 123:19 125:2 125:20 128:19 130:3 131:17 133:12 134:20 137:2 139:8 142:16 146:22 148:25 152:6 153:10 156:1 156:7 158:2 159:10 164:15 165:4 165:23 166:13 167:1 169:16 171:3 177:3 11:1 11:5 12:19 13:25 15:9 16:23 21:21 42:5 43:21 45:9 45:24 47:16 49:23 52:6 53:15 57:10 61:23 65:2 66:7 71:22 75:1 79:5 83:19 87:20 90:13 92:16 94:1 95:5 99:11 101:23 103:19 107:6 107:24 109:21 112:7 113:19 115:9 118:13 119:16 120:22 124:5 125:3 126:1 128:21 130:18 131:20 133:25 135:14 138:6 139:20 144:7 147:6 149:10 152:24 153:12 156:1 156:11 158:22 161:21 164:19 165:5 165:25 166:17 167:11 170:4 172:14 178:9 Monsanto's p6] 7:22 8:10 8:15 51:15 55:4 57:5 61:20 115:24 123:22 142:1 142:5 142:8 145:10 145:11 149:17 150:8 157:18 166:7 168:25 150:19 158:9 167:16 171:15 156:14 158:19 167:19 month [) 37:7 39:10 75:25 76:14 118:3 163:5 months [6] 147:6 162:3 162:14 162:21 162:25 163:4 Moore [11 Morning pi 6:15 5:16 6:14 Morris [2] 5:23 5:20 Moskowitz [i] 5:9 most p] 7:16 27:10 29:12 48:14 98:16 105:16 116:23 128:2 move [4] 29:5 36:12 83:16 97:19 moving pj 35:5 Ms [3] 5:9 178:24 173:10 Mt[i] 5:6 Mulliss [i] 5:16 must [3] 27:7 27:20 35:12 -N- N m 5:1 name [12] 30:17 46:7 61:9 71:10 120:2 125:6 176:11 177:1 6:16 61:8 82:25 127:17 name's<m 51:2 names w 61:11 61:18 73:2 73:5 naphthalenes [i] 156:23 narrowed [i] 8:2 Nason [4] 71:7 71:9 82:20 84:22 NCI [l] 163:3 NCR[5] 118:8 118:14 119:6 119:11 135:2 near p] 37:1 130:9 nearly p] 112:20 129:18 129:19 necessarily [i4] 43:4 50:15 51:23 52:19 70:17 93:2 93:7 105:7 110:13 118:18 122:9 128:15 142:14 174:4 necessary [4] 59:7 79:18 121:9 176:8 need [5] 26:6 26:12 36:14 122:13 126:11 needed [l] 85:8 needs [3] 18:21 91:24 145:1 neither [2] 175:13 35:7 never [ii] 52:10 57:15 79:1 110:11 110:12 157:13 168:2 168:5 170:8 170:9 171:12 new [10] 4:1 5:6 5:10 50:23 60:2 87:14 116:13 4:20 5:14 84:5 Newark [3] 5:10 5:14 5:14 Newell [6] 127:5 127:8 127:13 128:17 128:18 128:21 newer [3] 91:15 91:17 92:3 newly [2] 65:19 65:9 Newman [12] 45:22 46:1 47:3 47:22 83:13 83:18 89:22 90:1 45:22 46:2 73:3 89:7 news [2] 2:19 152:24 next [34] 20:24 24:17 24:19 25:5 25:16 26:15 26:16 27:1 29:5 33:1 33:5 35:18 38:20 68:21 80:12 90:11 97:11 102:17 127:4 139:12 155:2 162:21 168:21 21:8 25:4 25:19 26:25 32:17 35:11 39:1 81:14 97:24 138:21 162:14 nitrocellulose [i] 16:1 Nolan [i] 5:22 non-extractability p] 147:24 148:8 non-highly [i] 94:1 non-industrial p] 106:6 106:11 nonspecifically p] 130:22 nor [5] 130:22 131:7 175:13 175:13 175:13 normal [i] 8413 normally [i] 150:14 North p] 5:17 5:16 NOTARIAL [i] 175:1 notarized [i] 178:15 notary [5] 4:18 6:4 175:5 176:23 178:14 notation pi 162:5 162:2 note [19] 25:12 94:25 121:14 135:4 138:19 151:12 152:4 153:2 157:10 162:24 163:1 171:3 172:1 40:7 124:8 146:25 152:25 162:15 163:2 noted [i] 114:16 notes [5] 1:12 128:17 130:16 131:7 163:5 nothing [7] 11:18 44:5 67:4 127:2 150:21 164:19 175:9 notice [32] 7:3 7:9 18:13 18:18 30:7 72:18 79:20 91:20 94:23 117:12 124:7 125:17 138:9 138:15 146:25 147:19 148:14 152:2 155:9 159:7 168:17 1:7 18:12 18:25 72:22 92:18 121:15 136:2 142:9 147:21 152:17 164:18 November [8] 103:11 104:5 104:16 105:2 126:20 136:1 138:5 142:1 now [io5] 4:19 10:6 10:24 11:16 13:15 14:5 15:14 15:25 18:18 20:2 20:17 29:4 29:6 34:10 35:5 36:19 41:2 41:6 41:22 42:5 44:14 49:9 50:11 50:20 52:25 53:14 61:1 62:25 63:13 63:14 63:21 64:1 66:18 68:12 68:20 69:5 69:10 69:24 70:25 71:12 73:6 74:3 74:24 76:2 81:1 81:4 82:2 84:16 88:24 89:10 90:6 92:18 93:11 96:16 97:16 97:24 97:25 99:8 100:7 101:9 102:12 103:8 104:2 108:19 109:7 110:4 111:8 112:19 120:13 122:16 122:20 126:9 126:14 128:17 129:13 129:23 1-32:4 134:9 134:14 136:8 13-6:11 -.137:19 138:5 138:17 '140:23 142:7 142:21 144:2 - 144:7 144:15 149:11 151:8 153:4 154:8 156:7 156:17 157:10 158:13 1(52-1- 165:5 167:13 169:22 170:15 171:14 171:24 number [i9] 19:15 19:18 19:20 19:21 20:8 20:9 20:10 22:7 36:25 42:13 74:23 91:12 129:25 140:25 143:12 151:14 160:1 163:12 166:24 numbered po] 15:17 19:13 41:11 45:19 68:9 72:16 108:13 116:9 12:10 19:19 66:5 85:16 118:2 129:10 140:24 154:4 155:19 171:25 numbers p] 37:7 39:6 49:6 56:17 60:7 60:8 103:10 106:21 143:22 149:8 157:8 168:12 143:25 170:25 37:1 39:7 58:15 60:23 119:23 151:3 ~ -o- O'clock [2] 4:14 4:14 O'Connor [6] 5:4 5:9 173:10 173:11 178:24 178:24 O'Connor's pj 3:8 O'Dell [3] 109:16 112:12 114:8 O-P-l 15 pj 19:16 20:2 32:14 O/PL-306 pj 1:13 38:15 154:14 O/PL-306A[l] 154:6 O/PL-311 [i] 19:21 oath [i] 175:10 object [42] 16:9 21:11 33:25 42:8 43:16 49:15 51:18 65:6 74:10 92:7 94:3 94:22 96:25 98:18 105:15 107:10 124:6 125:5 126:4 127:21 131:23 133:15 142:25 144:24 148:12 148:13 152:1 152:16 12:24 22:10 42:21 50:25 65:17 92:17 96:8 99:25 107:22 125:22 130:20 138:14 147:18 149:19 objection pi] 31:18 52:2 54:16 64:17 66:17 67:8 77:4 78:6 79:7 79:19 87:18 90:20 91:19 93:19 95:1 107:16 109:11 110:1 - 112:10 112:23 113:6 113:16 113:21 118:16 124:8 134:7 138:19 139:23 146:24 158:20 160:25 115:22 119:13 132:12 134:23 138:24 140:21 153:21 159:6 162:22 117:1 121:14 132:17 138:8 139:10 144:9 157:19 159:13 164:17 165:15 166:6 observation p] 43:20 74:15 observations p] 75:8 obtain [2] 85:9 obtained [l] 57:25 58:2 obviously pi 45:5 : ' : _ - Index Page TOWOLDMONOQ51384 DR. KALEY 59:3 61:1 77:18 130:24 162:17 167:1 occasional [i] 114:6 occasions m 163:21 occupant [2] 65:25 65:24 occupational [11 46:15 occupy PI 63:24 63:17 occupying [2] 64:24 65:12 occur [2] 133:13 26:23 occurred [5] 53:7 110:11 136:25 138:13 140:20 occurrence [3] 35:14 126:17 145:24 occurring pj 110:12 139:22 occurs PI 25:25 25:19 October [i9] 108:13 109:8 109:23 126:14 130:14 131:13 133:12 133:25 135:7 155:18 156:15 170:5 69:6 109:15 129:9 132:14 134:4 156:5 170:13 odor [2] 42:23 70:7 Off [11] 31:2 41:16 83:5 15:15 31:4 69:13 83:9 22:6 31:6 76:10 150:22 offer [4] 41:4 94:21 95:5 93:13 offered PI offers [i] 85:25 76:12 offhand [i] 59:15 office [3] 106:24 108:20 178:16 officer PI 83:13 offices [3] 4:15 5:4 175:6 officials p] 156:2 155:21 often [i 57:16 Ohio p] 155:21 156:2 Oil [4] 14:21 26:10 26:14 120:10 older p 91:15 91:16 92:1 Olson [2] 120:13 119:24 on-going pj 167:6 165:2 once [2] 65:22 167:5 one [120 3:8 5:21 5:23 10:6 12:15 18:13 18:23 20:2 20:18 21:7 22:19 29:4 29:11 5:14 9:22 17:5 19:25 20:22 25:2 30:5 31:3 34:25 36:9 36:21 40:8 48:14 50:9 51:1 56:7 64:21 73:20 79:9 87:5 89:19 91:4 91:17 97:21 104:14 106:24 114:16 116:4 126:10 131:17 139:2 140:5 141:24 143:12 148:3 151:13 153:25 159:2 162:2 164:6 167:24 32:6 35:6 36:10 38:17 42:13 49:23 50:17 51:5 62:15 68:4 74:16 82:11 88:2 90:17 91:14 92:1 102:13 105:13 108:21 114:24 116:5 128:4 135:11 139:12 140:8 142:19 143:13 151:8 151:22 155:14 159:11 164:3 165:3 33:22 36:6 36:17 39:18 43:22 50:4 50:23 54:6 62:19 69:3 74:17 83:3 88:15 90:23 91:16 92:10 104:11 106:15 114:6 114:25 117:21 129:25 137:7 139:25 141:15 142:20 144:18 151:10 151:24 157:2 161:9 164:4 165:20 ones [7] 9:1 21:6 32:19 48:18 50:12 60:11 133:22 onto [2] 36:12 71:22 open [8] 27:5 33:20 34:2 34:7 39:17 27:20 34:5 133:7 open-ended m 114:1 operating [i] 67:11 operation [i] 69:13 operators [i] 53:21 opinion [5] 70:18 104:4 105:6 70:4 104:11 opinionated [i] 116:23 opportunity [i] 37:16 opposed pi 78:16 106:6 146:4 52:18 121:13- oral [2] 42:15 42:19 order p 28:6 76:13 122:1 172:11 173:3 ordinary [i5] 26:1 26:17 31:12 32:8 80:12 81:6 81:16 81:23 99:22 100:10 25:22 26:19 80:8 81:9 99:10 organic [2] 153:7 48:14 original [6] 3:7 3:7 58:11 80:17 95:23 178:12 OSHA[5] 64:2 64:3 60:8 106:8 Condenselt! TM 106:9 otherwise [i] 75:1 ought pi 49:1 outcome [i] 162:18 outlets [2] 15:23 15:16 outside [2] 106:14 52:18 outweigh [i] 98:2 overdramatized [i ] 130:11 own p] 4:4 21:22 76:11 159:4 160:4 4:22 107:14 -P- P[3] 5:1 113:1 5:1 P.Gm 41:25 packaging [i] 139:17 page [82] 1:6 2:2 7:14 10:23 20:5 20:14 30:2 30:14 30:19 30:24 36:20 37:9 39:2 39:15 39:18 39:18 41:22 48:5 51:8 52:5 56:10 57:23 73:15 75:6 76:10 81:5 90:8 90:8 99:8 100:25 102:17 115:12 127:4 129:13 136:8 137:5 141:17 143:25 150:11 153:4 154:17 154:20 155:2 155:20 168:18 170:5 172:7 176:24 177:10 177:12 177:16 177:18 178:12 178:14 1:2 3:2 13:15 29:17 30:15 31:8 38:25 39:16 40:16 49:17 56:7 59:22 75:13 90:6 93:12 102:13 123:14 132:4 141:5 149:11 154:9 154:22 163:16 171:10 177:8 177:14 177:20 178:16 pages [i] 140:24 paid[i] 159:19 paint [54] 51:13 51:17 53:7 53:16 56:12 58:2 58:10 63:18 65:5 65:13 65:22 69:12 69:21 70:5 70:8 70:12 70:23 75:10 75:19 75:24 78:24 79:6 80:9 80:14 96:7 96:24 101:20 102:1 107:9 107:14 109:22 109:24 146:20 147:16 51:13 52:21 56:4 58:5 64:25 65:16 69:16 70:6 70:20 75:15 76:12 79:16 82:5 101:14 102:8 107:21 121:24 148:10 148:15 157:16 painted [i4] 58:6 64:16 64:22 65:4 65:12 65:20 75:14 75:23 82:4 14:21 64:21 65:9 67:17 76:11 painters p] 63:22 63:16 painting [si 67:2 67:10 87:7 64:19 87:5 paints [47] 16:20 16:22 51:22 52:8 54:9 54:14 62:17 62:21 63:2 63:6 70:13 70:17 80:3 80:5 80:8 80:10 80:21 80:23 81:9 81:16 82:8 90:13 94:21 95:5 99:10 99:12 100:10 101:25 133:20 133:21 137:21 16:17 16:24 53:9 54:15 62:24 69:18 79:24 80:7 80:13 81:6 81:23 93:13 95:10 99:22 102:4 137:20 pale [i] 77:11 Papageorge p] 146:15 147:1 . paper [i3] 48:17 112:1 114:9 118:8 119:6 119:11 135:2 138:22 20:22 114:6 118:14 126:19 165:1 papers PI 114:10 paragraph po] 14:5 14:20 15:6 15:21 22:15 23:7 25:16 25:16 27:1 28:10 33:5 35:24 36:4 37:18 40:6 40:18 41:24 41:24 42:4 42:13 45:22 53:25 55:22 56:7 62:15 62:18 67:1 69:11 74:1.9 75:13 , .78:13 . 80:12 81:4... ., 83:11 ,, 83:12 84:2 ' I ,84:7"''- 89:16 89:21 90:6- 90:7 90:11 93:11 95:12 96:1 99:8 109:4 110:19 .110:22 120:9 122:20 123:21 129:18 132:5 134:14 147:22 149:11 155:7 168:17 173:18 pardon [i] 61:15 parentheses p] 129:20 129:21 158:16 parenthesis [i] 27:19 parenthetical [i] 38:7 part [i7] 9:9 25:5 30:21 50:16 63:4 74:6 89:16 25:4 43:23 70:9 100:20 occasional - PCBi MARCH 3. 1995 115:23 115:24 118:25 144:17 155:4 155:12 participated p] 125:14 particular [59] 20:4 21:4 23:6 37:7 45:2 55:6 57:19 59:4 65:11 69:16 70:20 73:13 74:19 75:7 78:18 79:15 84:16 86:12 86:21 87:1 88:3 88:5 90:19 91:1 92:2 94:17 105:9 125:11 131:21 134:11 143:7 147:24 160:18 164:2 164:12 167:24 168:6 168:6 172:8 18:5 23:3 41:20 57:8 61:24 70:19 73:20 75:24 80:3 86:16 87:21 88:11 91:16 98:22 126:10 134:12 148:9 164:9 167:25 168:7 particularly [S] 53:11 83:8 ' 86:18 129:20 142:12 parties [2] 175:15 175:13 parts p] 25:10 126:22 patch [i7] 22:17 22:21 . 23:7 23:11 24:19 25:5 35:10 40:19 45:2 45:3 45:9 14:6 23:3 24:12 35:6 44:20 45:6 pathologists [4] 165:1 165:6 165:9 165:12 pathology [i] 167:5 Paton [3] 116:21 116:24 117:4 Paton' S [I] 117:2 Paul [3] 12:11 50:8 50:21 PCB [45] 7:17 14:25 25:10 58:10 70:12 79:15,- -80522 81:9' 84:18 - 84:24-.. 96:7 ' 99:12 99:15 99:23 103:19 105.: 2 105:9 105:14 105:23 117:7 123:2 136:3 141:5 14413 144:19 145:15 149:12 149:22 155:22 155:25 156:2 156:13 156:22 157:13 157:15 157:22 157:24 161:6 163:13 163:25 164:3 164:9 171:6 172:4 173:22 PCB's [21 142:22 130:9 PCBs [120] 8:16 8:17 14:10 14:12 15:5 15:5 16:8 16:20 7:17 11:13 14:18 15:12 16:25 Index Page 1 TOWOLDMONOQ51385 DR. KALEY 22:19 25:8 25:17 25:20 25:23 44:1 47:19 49:24 51:17 55:2 56:3 56:4 65:16 75:18 76:23 78:1 78:23 80:4 81:22 82:9 90:18 92:19 93:3 93:6 93:9 94:1 94:2 97:8 98:4 100:9 101:12 103:24 105:8 107:2 107:14 107:20 108:6 109:9 109:22 109:24 110:10 110:14 112:8 113:20 114:4 114:7 114:15 114:19 115:20 115:25 117:18 118:15 123:17 123:23 124:8 125:21 126:17 128:12 130:24 131:3 131:16 133:14 134:2 134:5 134:6 134:21 134:22 135:15 139:9 141:2 141:20 142:12 143:21 145:24 148:3 148:10 148:18 148:20 152:14 153:8 153:16 153:23 156:8 156:11 156:24 158:3 158:14 159:12 162:13 163:20 164:24 166:10 167:15 168:1 168:4 168:18 168:21 169:1 169:20 170:10 171:13 171:21 172:9 172:19 172:19 172:24 172:24 penalty [i] 176:12 pending [i] 4:19 Pennsylvania [2] 5:21 5:24 people [13] 57:3 61:19 64:19 64:24 65:9 72:3 162:17 163:24 51:6 64:12 65:3 126:12 172:23 per pi] 28:3 38:4 55:20 57:16 60:8 66:21 69:25 74:23 76:24 126:22 27:14 38:1 55:12 56:2 57:17 60:9 67:3 73:17 75:2 89:14 156:24 27:24 38:3 55:13 56:14 59:21 66:9 69:14 73:20 76:14 89:20 percent [4] 23:13 23:16 24:13 44:18 performed [5] 52:9 52:11 57:1 88:6 138:18 perhaps [2] 132:8 67:17 period [9] 8:11 23:2 49:14 64:10 64:25 65:13 74:9 109:20 142:15 periods [ij 64:13 peijury p] 176:12 Permanent [i] 36:16 permissible [5] 59:16 59:20 89:13 89:18 102:16 permit [ij 152:17 persist [i] 78:4 persisted [i] 65:15 persistence [3] 158:8 158:24 169:20 person [3] 103:11 130:22 131:7 personally [2] 115:16 145:23 personnel [i] 126:6 persons [2] 65:12 7:15 pertaining [i] 94:24 pesticide [i] 110:14 pesticides [i] 144:6 phase p] 97:20 97:20 97:20 Philadelphia [2] 5:21 5:24 Phone [i] 178:3 phosphate p] 42:1 49:20 phrase [i] 38:7 phrased [4] 9:16 55:16 59:17 122:1 phthalate [3] 23:8 23:17 44:19 physical [4] 40:13 97:3 19:14 151:15 physicals [ij 159:16 pick[l] 31:5 piece [5] 20:22 22:23 23:13 24:12 128:12 pinpoint [i] 76:23 PL [i] 36:11 PL-311 [6] 19:18 29:6 31:7 31:11 32:6 36:12 place p] 5:23 40:8 77:11 90:1 5:21 47:2 105:18 placed p] 22:23 24:20 152:14 .. places [i] 56:7 Plaintiffs [3] 4:23 5:3 6:2 plan[i] 136:11 plant [i7] 53:22 56:12 57:18 57:22 103:16 103:18 103:21 103:23 159:12 159:15 160:22 18:4 56:18 67:11 103:18 104:15 159:15 plants [i] 18:9 plastic [i] 56:1 plasticized p] 44:18 75:15 plasticizer [i6] 40:10 40:17 40:20 40:21 42:2 45:11 51:13 Condenselt! TM 62:21 76:12 79:16 132:9 132:10 132:16 133:6 133:6 136:15 plasticizers [i3] 16:1 16:7 16:10 16:11 16:13 16:17 40:8 41:4 62:16 62:24 79:24 80:21 80:23 plastics [ii] 51:20 52:7 55:19 56:13 67:5 67:12 133:23 51:15 53:6 63:10 76:16 played [1] 11:20 pleased [i] 13:8 Pliolite [i] 16:17 point p7] 15:13 24:17 30:4 30:12 56:19 65:23 70:14 74:24 87:15 90:18 98:24 99:2 106:24 107:24 143:4 146:19 160:9 160:14 13:3 24:19 56:5 65:25 76:25 90:23 104:22 131:20 151:6 pointed [3] 40:23 142:19 142:20 points 9] 20:21 20:24 21:5 21:12 21:22 21:25 22:7 22:8 114:16 poisoning [ij 120:10 nolicy [5] 90:12 97:4 105:8 89:24 104:15 pollution [i] 10:9 polychlorinated [8] 11:14 14:11 14:15 15:1 25:7 99:19 156:23 160:21 polyvinyl [i] 22:16 polyvinylchloride [5] 16:2 16:7 16:11 16:12 16:13 pondering [i] 156 9 poolp] 137:21 population [i] 168:6 populations [i] 166 8 portion [11 portions [i] 103:23 160:4 pose p] 54:15 54:22 posed [4] 59:14 95:19 144:3 144:16 position [45] 80:3 81:6 96:5 96:21 119:17 120:22 123:22 129:23 130:3 130:3 130:18 142:1 142:8 144:7 144:23 145:11 149:17 150:8 156:4 156:14 158:10 158:19 79:10 87:13 97:4 123:19 129:24 130:13 142:5 144:14 145:11 150:19 157:18 166:3 166:7 168:19 170:12 171:15 167:16 168:25 170:14 172:13 167:20 169:15 170:15 positions [i] 173:3 positive [2] 104:24 73:21 possession [ij 125:3 possibility [i] 162:20 possible [23] 14:1 35:14 102:7 107:1 109:22 114:3 118:11 129:22 135:12 137:10 144:13 149:13 150:1 162:23 173:1 13:23 82:2 109:9 115:17 134:15 143:21 149:23 164:4 potent [i] 112:20 potential [is] 32:20 110:10 133:9 133:18 135:11 135:13 138:2 138:6 139:16 140:14 158:23 162:23 32:18 133:5 135:6 136:23 139:3 147:12 potentially [3] 88:13 132:22 133:10 poultry [2] 110:6 107:8 PR [4] 7:7 115:6 124:17 135:23 PR-5 [l] 38:15 PR-6 [l] 123:12 practice [3] 74:9 74:12 74:22 precautions [4] 48:13 48:16 48:18 49:1 preceding [i] 15:6 precision [4] 76:23 77:9 77:12 77:21 preface [i] 90:7 prefer p] 71:13 22:6 preferred [i] 167:2 premise p] 146:6 . prepare pj 59:12 11:16 prepared p] 130:15 8:9 preparedness [i] 163:13 presence [3] 141:2 141:20 149:25 present p] 7:24 40:5 70:7 84:17 101:6 150:13 151:22 presentation [3] 112:16 136:4 141:5 presented [8] 26:17 31:13 43:2 112:2 127:24 136:12 136:22 137:8 presenter [i] 141:19 presenters [i] 141:15 penalty - produc MARCH 3, 199` president p] 153:6 press [4] 152:24 155:18 157:8 157:10 pressure p] 97:13 97:16 97:18 97:21 98:2 pressures [i] 97:10 presumably po] 68:17 81:11 104:8 104:18 105:24 111:12 111:14 112:11 112:13 127:7 presumption pj 66:19 pretty [ij 36:7 prevai m prevent [4] 130:8 130:12 previous [i7] 29:25 32:9 33:15 35:16 54:10 71:22 86:17 90:3 95:14 96:1 112:13 75:25 32:19 151:19 22:20 32:11 35:23 72:19 95:12 110:22 previously [5] 61:11 63:8 71:4 81:14 152:7 primarily p] 50:16 primary [9] 23:9 23:20 23:23 23:25 24:14 24:21 24:24 35:7 169:19 printed p] 151:24 printing p] 6:5 probability [2] 129:14 130:7 problem [23] 32:20 43:2 47:22 68:19 118:8 118:19 119:6 125:19 135:6 141:7 145:15 146:5 149:22 155:25 171:19 21:23 47:4 101:7 118:21 126:3 144:19 149:12 158:7 problems [7] 9:23 9:25 26:18 31:13 43:15 43:2ij-:- 171:14 procedure pi 160:13 proceeded pi 15:14 process [S] _ 104:12 105:10 108:16 produce [3] 113:15 153:11 produced [21] 6:9 8:22 9:3 9:7 9:12 9:14 11:21 11:23 35:20 39:8 117:14 136:5 151:21 163:20 68:20 106:4 112:20 4:12 8:24 9:9 10:16 12:19 49:13 137:12 product [27] 8:16 14:11 15:4 22:18 25:7 41:20 43:23 Index Page ] TOWOLDMONOQ51386 DR. KALEY 44:1 45:10 50:22 70:12 88:7 91:9 92:4 96:7 122:3 122:7 139:17 148:4 152:8 164:9 50:21 88:6 92:3 121:18 124:4 148:18 production [2] 8:14 102:4 products [i9] 14:2 14:17 15:11 25:10 50:24 105:3 123:3 134:6 134:21 135:15 148:21 150:12 7:17 14:24 44:9 121:7 134:12 136:17 157:14 Professor [6] 115:20 125:3 125:13 125:14 125:19 126:2 prohibition [i] 104:21 project [i] 69:6 prolonged (i] 73:12 prompted [i] 84:15 prompting [i] 84:10 pronounce [i] 120:2 proper [i] 64:3 properly [2] 104:13 59:2 properties [4] 19:14 40:13 97:3 97:7 property [2] 97:18 17:18 proportion [i] 84:17 proposed [2] 87:15 143:10 proposing p] 58:14 propounding [i] 117:11 protect [3] 64:6 118:23 119:2 protected [i] 104:13 protective [i] 35:13 protocol [i] 23:5 prove [3] 164:15 164:20 165:4 proved [i] 117:7 proven [i] 162:13 provide pj 18:14 18:13 provided p] 164:2 proximity [i] 122:7 PRR[2] 2:4 108:14 public [8] 6:4 7:8 150:17 175:5 178:14 4:18 150:7 176:23 publication [3] 36:22 75:4 112:12 publicity [i] 143:21 published [5] 109:17 109:18 165:1 167:22 167:23 Purionp] 16:17 purported [i] 141:13 purportedly [ij 13:14 purpose [6] 19:4 19:7 53:23 54:5 88:7 90:15 put [21] 29:4 36:9 39:11 71:25 121:19 145:1 173:16 20:21 31:9 37:12 41:9 91:24 124:4 145:18 24:8 31:23 37:13 71:16 121:18 131:5 154:19 putting [2] 131:2 88:10 PVA [2] 80:7 80:7 PVC[3] 44:15 44:17 45:4 -o- qualified [i] 80:15 qualify PI 167:21 161:12 quantities [i] 150:13 quarters [i] 48:8 query [3] 155:19 157:9 157:11 questioning p;| 67:16 91:22 questions [32] 6:13 8:10 21:18 21:25 25:9 41:15 76:4 82:11 116:4 117:21 143:17 143:21 155:14 157:2 163:7 167:4 173:7 173:10 173:15 174:12 178:18 1:2 17:5 22:3 68:3 87:22 135:18 153:25 159:1 170:18 173:11 174:13 quibbling [i] 60:7 quick [3] 23:11 37:20 82:12 quickly [5] 31:8 40:12 47:14 66:6 115:11 quite [3] 85:7 118:2 115:17 quote [i] 153:5 quotes [5] 72:8 143:1 169:5 72:7 143:2 -R- R[8] 2:11 5:1 13:6 13:20 66:4 85:18 146:14 168:13 R.E [4] 2:15 118:7 119:6 124:19 raised [i] 62:15 ramifications [i] 107:20 range [7] 27:13 27:24 34:14 55:20 56:15 77:7 132:3 Condenselt! rare[i] 35:19 rash [2] 24:S 24:10 rat m 166 24 rate [4] 80:13 81:15 81:21 81:22' rather [4] 21:1 37:13 63:17 128:19 rats [9] 165:17 169:1 174:10 163 21 166 1 169 3 164:13 167:2 169:10 raw [i] 155 24 re p] 177 3 178:9 reach [2] 95:18 57:16 reaching [i] 104:11 reaction [6] 23:1 24:1 24:2 24:9 48:6 128 5 reacts [i] 128:3 read [43] 7:12 13:1 13:2 20:10 22:15 29:8 41:14 47:8 47:S 47:13 53:19 62:18 66:6 76:2 76:5 83:3 83:4 96:16 100 11 118:4 130 5 140:2 163 1 177:8 177 10 177:14 177 16 i 77:20 178 13 11:18 20:7 28:8 47:7 47:13 55:23 76:2 76:6 84:8 117:9 137:12 176:6 177:12 177:18 reading [20] 25:13 25:14 38:13 39:7 40:1 48:24 76:4 76:8 111:20 117 9 134:16 134 18 177:6 20:11 37:20 39:25 63:3 77:3 118:5 161:2 reads [i] 154:9 real [4] 67:15 87:8 112:21 112 21 really po] 48:3 51:3 61:S 95:14 99:4 106 10 144:19 145:15 146 7 157:23 rearrangement [3] 37:19 37:21 38:6 reason [12] 53:2 53:5 84:21 177 8 177:12 177 14 177:18 177 20 36:24 67:24 177:10 177:16 reasonable [31 76:23 78:9 85:9 reasons [3] 92:10 104:10 166 23 recalling [1] 83:14 receipt 'll 178:16 received [2] 100:21 84:3 recent [l] 99:9 recently [i] 84:3 recipient [i] 151:18 recipients [2] 50:4 61:10 recognition pj 135:13 recognize [7] 50:12 50:18 61:18 63:3 71:10 136:5 137:11 recognized [4] 74:12 74:22 82:23 132:6 recollect pj 90:21 recollection [7] 52:23 114:20 131:14 161:12 166:20 173:19 174:5 recommend [4] 63:1 82:7 90:24 92:4 recommendation [25] 55:17 57:20 57:21 57:24 58:1 58:14 59:7 78:23 79:1 79:2 79:6 79:17 79:22 79:25 80:2 80:18 80:19 81:2 91:1 91:7 91:16 92:5 92:11 101:8 147:25 recommendations [6] 90:9 91:11 91:21 101:20 101:23 105:24 recommended [14] 28:13 28:16 33:16 55:1 58:5 58:22 59:16 90:18 91:18 92:14 102:8 124:4 128:18 129:1 recommending [4] 80:20 80:22 90:23 91:8 recommends [3] 79:15 86:24 92:2 record [3i] 12:8 17:12 17:15 18:15 18:17 31:2 31:4 31:17 31:19 45:18 66:3 68:7 72:14 85:15 85:15 88:19 103:9 106:20 108:11 117:25 119:21 123:10 129:6 146:13 149:7 150:22. 151:1" 155! 17 157:5. 160.?3'9. 175: H records [2] 159:17 159:16 redness [i) reduced [9] 81:15 93:15 95:24 96:6 97:9 175:11 24:9 80:14 95:9 96:22 refer po] 13:15 31:24 60:2 115:11 143:7 170:5 11:9 52:5 118:18 172:7 reference [27] 16:16 36:5 41:25 44:17 61:22 68:22 83:13 89:25 101:19 106:5 124:25 126:10 14:6 40:16 45:21 79:14 99:9 112:3 126:21 production ~ rdstiv MARCH 3. 199< 126:24 128 20 128:25 136:11 141 4 141:14 161:2 169 8 references m 16:1 52:6 134:15 137:20 referred [12] 44:20 48:22 60:6 62:7 62:11 67:5 114:7 126:2 33:19 50:9 62:8 107:1 referring [16] 48:23 53:6 55:21 56:5 62:25 78:15 112:22 115:15 135:8 167:14 42:12 53:8 59:23 78:19 120:10 172:9 refers [12] 63:14 75:13 95:11 108:21 116:12 118:23 164:7 170:20 16:22 81:5 111:24 137:10 refine p] 114:2 reflect [ii] 42:10 79:5 95:4 100:15 144:22 153:12 158:9 42:5 94:20 103:2 156:4 reflected p] 59:9 reflecting p] 8:15 refresh [i] 173:19 refute p] 129:17 regard 15] 48:10 63:5 110:8 111:21 116:1 145:9 149:24 160:12 161:3 169:3 47:23 70:5 115:24 145:23 161:1 regarding r4] 7:16 44:15 90:13 124:25 regards [i] 149:22 region p] 77:7 Register pj 169:6 169:10 169:13 regulations p] 120:17 rejection p] 93:14 relate [7] 9:14 9:23: T 10:16 10:1-9' 25:10; 41:4.' _ 47:19' related in)..... 10:1 10:17" 46:12 46:35 47:4 61:16 62:5 73:8 86:7 91:20 144:19 145:15 175:13 relates [ii] 10:3 10:11 53:14 73:7 8.9:4 141:1 149:23 9:5 35:6 73:10 149:12 relating [4] 9:2 61:24 144:7 167:15 relation [i] 89:24 relations [i] 7:8 relationship p 164:5 relative [9] 130:21 131:1 133:3 146:7 165:9 175:14 94:10 132:21 157:24 Index Page 1 TOWOLDMONOQ51387 DR. KALEY release [4] 2:19 86:13 118:15 152:24 released [3] 107:7 162:20 169:9 reliably [ij 77:16 remain [i] 142:8 remained [i] 142:4 remember [5] 56:11 59:15 59:17 71:3 135:9 remove HI 145:21 removed [2j 26:12 26:6 Renate m 164:7 render i] 176:9 repeat [i] 21:2 repeated [3] 26:10 26:14 35:12 rephrase [i] 91:25 report [5i] 49:6 49:9 49:13 51:8 52:15 52:17 53:14 53:19 56:16 57:3 57:14 57:18 58:7 58:11 58:18 58:18 58:23 58:25 59:3 59:3 59:6 59:8 59:12 68:16 68:22 68:25 69:7 69:24 129:9 130:1 132:5 132:6 169:7 169:9 13:8 49:13 52:7 52:20 56:14 57:8 57:19 58:12 58:20 59:1 59:5 59:10 68:18 69:1 102:23 130:1 132:11 reported [4] 109:14 115:19 163:19 177:5 reporter [43] 4:17 12:7 17:10 28:25 38:23 41:8 45:17 49:3 60:20 66:2 68:6 72:13 82:15 85:13 88:18 103:7 106:19 108:10 110:17 115:3 116:7 117:24 119:20 123:9 124:13 129:5 135:20 143:19 146:12 149:6 150:25 152:21 154:2 155:16 157:4 159:23 161:17 163:10 168:10 169:25 170:23 171:23 175:5. Reporting [3] 4:15 175:7 178:1 reports m 11:21 35:18 73:7 73:11 75:4 89:17 150:5 represent [7] 12:19 25:8 72:6 124:20 141:6 150:15 151:21 representation [7] 118:10 127:13 144:11 144:12 149:17 149:21 150:20 Representative [i] 149:10 represents m 84:4 request [4] 8:14 13:12 53:24 128:21 require [ij 87:11 required [4] 48:15 120:21 121:4 121:4 reread [ij 11:20 research pj 49:13 49:20 52:16 53:15 53:16 53:20 56:1 141:22 173:23 reserved [i] 6:6 resin [i] 14:22 resolved [i] 167:6 resorting [3] 93:15 95:9 96:23 respect pj 130:4 130:4 responding [l] 85:22 responds [i] 14:5 response p] 13:11 12:21 responses [i] 163:20 responsibilities [3] 46:12 46:14 51:5 responsive [2] 8:21 9:1 rest [3] 48:8 53:19 158:22 restate [2] 96:18 96:14 result p] 58:15 43:15 resulted [3] 53:11 156:19 156:24 results [25] 57:1 59:25 74:16 75:8 83:24 84:4 84:10 86:4 98:24 133:19 164:16 164:20 164:23 165:2 167:7 167:8 56:17 73:23 83:18 84:9 89:23 153:9 164:20 165:7 169:13 retained [i] 165:12 retardant [2] 16:22 16:24 return [ij 178:15 returned [i] 102:25 retyping [i] 72:2 review [7] 87:14 87:23 160:9 165:9 165:13 173:22 174:2 reviewed [i] 173:20 reviewing [i] 147:3 revised [i] 29:9 revision [i] 29:24 revisiting [i ] 81:1 Richard [i] 162:10 Richardson [i] 126:21 rid[i] 106:3 right [43] 4:4 4:22 10:21 15:24 18:7 22:14 24:25 Condenselt! TM 27:1 28:8 38:20 41:6 41:9 47:13 49:19 51:9 53:7 53:17 56:9 56:11 57:17 57:23 58:3 63:13 75:6 78:13 78:24 78:25 79:2 80:25 81:4 81:20 84:19 84:20 96:19 97:9 101:6 101:7 101:25 116:14 127:14 141:18 154:15 169:11 risk [7] 19:8 93:15 95:9 95:24 96:6 96:22 97:2 risks p] 48:7 48:9 river [i 103:20 roaches [i] 110:6 role [4] 11:20 52:13 71:11 82:25 room [4i] 26:21 26:24 28:12 28:16 33:6 33:9 33:16 33:16 34:14 58:2 63:17 63:24 64:21 64:22 65:4 65:12 67:2 67:17 70:6 75:14 76:11 81:10 100:6 100:25 101:12 102:25 26:20 27:24 33:2 33:14 33:23 58:6 64:15 64:25 65:20 67:25 75:23 82:3 101:5 105:4 105:13 rooms [7] 27:13 28:11 28:15 40:25 54:19 65:9 67:10 root [i] 88:13 Rosen [ij 4:8 Roush [2] 161:23 161:21 Ruabon pj 61:4 71:3 rubber [i] 101:25 run [ij 19:8 running [i] 66:18 Ryan [i] 149:10 -S- S[1] 5:1 safe [22] 27:12 30:3 30:25 32:10 34:13 38:10 39:13 40:2 41:5 53:12 55:5 74:17 147:25 154:10 154:21 safety pLll 9:6 9:14 10:4 10:12 10:20 74:4 75:9 sale [i] 94:24 sales [6] 47:3 53:24 83:8 27:23 31:7 37:8 39:21 48:19 60:12 148:9 9:3 10:2 10:18 74:12 47:23 84:18 147:8 salesmen [i] 42:1 salespeople [i ] 91:10 salt p] 172:11 173:3 sample li] samples p] 108:22 165:7 58:5 57:22 sampling p) 57:25 69:12 saturate [i] 102:19 saturated [2] 102:15 102:23 Sauget [2] 160:21 103:21 saw p) 36:21 37:20 50:8 50:20 61:11 63:11 142:11 says [93] 6:11 13:20 15:6 25:19 26:9 29:9 29:18 33:15 35:18 37:2 40:19 51:8 51:20 60:5 62:23 64:18 68:18 69:10 69:17 76:1 76:1 79:3 79:21 84:20 84:20 90:11 93:12 97:24 98:6 100:17 100:23 102:18 104:7 105:10 108:25 113:17 115:14 118:7 118:8 119:4 119:6 127:3 127:5 127:15 127:24 130:21 133:4 137:5 138:22 139:15 140:1 140:16 142:21 145:17 147:22 150:12 154:10 156:10 157:12 167:14 168:18 172:9 13:11 25:17 26:17 29:21 36:21 50:21 58:4 64:18 69:5 74:11 78:10 82:6 85:11 97:11 99:17 101:2 104:14 109:5 116:23 118:12 119:8 127:15 129:13 135:11 139:6 140:13 144:18 148:21 156:7 162:25 168:21 schemes pf': 143:9 143:12 Schroeder [i] 17-8:1 Schwartz [i] 35:6 Science [i] 107:8 scientific [i] 153:8 scientist p] 116:13 115:15 scientists [i] 123:17 scope [is] 91:20 92:18 121:15 124:7 138:15 146:25 148:14 152:2 159:6 164:17 79:20 94:23 138:8 147:19 152:17 se [i] 156:24 seal [i] 175:17 sealant [4] 42:6 release - sensitiz MARCH 3, 199' 42:14 43:9 sealants [6] 42:24 139:25 140:6 140:10 140:20 42:20 140:4 sealing m second [26] 31:3 34:5 35:1 36:20 58:1 67:1 77:11 90:6 90:8 93:11 119:5 126:10 150:22 151:4 155:20 163:16 172:7 42:2 29:8 34:25 53:25 75:6 90:6 109:3 136:8 153:4 171:10 section [34] 20:19 20:19 22:5 22:9 29:2 30:3 30:7 30:9 32:9 32:11 34:18 35:2 35:21 37:9 40:22 44:15 52:6 53:1 57:14 115:12 154:21 155:3 20:14 21:6 24:18 30:6 31:7 32:17 35:5 39:13 51:11 55:18 140:25 155:12 sections [6] 38:11 40:2 60:12 155:1 34:21 48:19 secure [i] 58:5 see [64] 14:7 15:21 20:24 79-] 7 37:5 38:17 42:4 47:1 51:10 54:23 62:1 69:15 74:6 75:12 94:13 112:3 121:20 137:23 144:20 161:2 170:8 7:15 15:17 15:25 22:25 71 10 37:14 38:25 43:4 49:20 53:3 58:7 63:18 70:9 74:7 86:11 101:21 114:25 137:13 141:23 146:17 162:6 172:1 8:13 15:19 19:23 28:19 31:11 37:17 39:2 46:24 50:2 53:4 58:15 67:21 70:25 75:11 86:21 102:17 115:12 137:21 144:2 149:14' 163:79 seeing p] 52:13 52:24 73:2 88:25 89:8 109:17 109:17 seek [i] 128:19 seem pj 38:11 131:15 seemingly [i] 107:8 sell pj 101:24 sense pj 48:18 48:25 86:15 105:16 146:8 146:9 102:3 48:13 64:9 105:21 sensitive [i] 24:6 sensitivity [ij 78:17 sensitization [i] 24:21 sensitize [l] 24:7 Index Page TOWOLDMONOQ51388 DR. KALEY sensitizer [8] 23:21 23:23 24:11 24:15 35:8 23:10 24:5 25:1 sent [6] 18:18 71:1 71:4 71:15 120:13 176:25 sentence [52] 13:6 13:16 22:8 22:8 25:17 25:19 26:2 41:12 32:8 33:1 34:11 35:11 35:18 35:24 37:14 37:14 37:23 40:24 54:3 54:4 63:4 68:21 79:18 81:14 82:6 84:7 90:22 93:11 97:11 97:24 98:6 99:17 100:17 111:11 111:12 118:23 118:25 119:5 130:5 145:1 145:9 145:13 147:21 150:2 150:18 157:22 164:6 168:21 168:22 169:5 169:18 171:12 sentences pi 119:9 144:25 145:4 sentiment p] 84:9 separate [4] 35:2 38:20 76:15 136:6 September po] 60:23 63:5 65:3 82:17 85:17 87:14 171:4 171:16 172:2 172:14 series p] 37:1 jy.o 115:24 serious [] 146:19 171:14 171:19 172:22 172:23 172:25 serve [l] 22:19 served PI 7:10 set [io] 3:8 37:24 48:19 57:8 58:21 59:4 59:5 60:2 73:10 175:16 sets [i] 67:4 setting [i] 88:1 several [3] 72:19 115:16 129:22 SHEET [i] 177:2 sheets [3] 178:12 178:14 178:15 short p] 45:14 82:13 150:23 shorter [l] 151:13 shorthand pj 4:17 6:3 175:5 shortly pi 63:24 63:18 show p) 7:5 85:14 87:7 158:17 162:21 166:22 168:1 showed [4j 23:9 24:21 135:1 165:18 showing pj 42:9 82:16 107:8 shown p2] 12:9 44:7 60:21 72:15 108:12 118:1 129:7 149:8 154:3 159:25 168:11 171:24 49:5 68:8 88:20 115:4 119:22 135:21 151:2 155:17 161:18 170:1 49:18 70:15 103:9 116:8 124:14 143:20 152:23 157:6 163:11 170:24 shows [2] 69:13 shrimp [5] 129:22 131:15 131:15 142:12 142:18 side [io] 37:13 37:13 39:14 39:14 62:22 71:25 71:25 83:25 154:19 154:19 sign [i] 178:14 signature pi 6:5 176:24 177:24 178:12 178:14 178:15 signed [4] 50:21 103:11 118:9 124:19 significance [5] 89:23 128:9 132:8 133:2 133:5 significant po] 21:7 21:12 21:20 21:22 21:24 26:16 37:15 132:15 132:23 133:10 signs [i] 73:21 Simandle p] 4:7 similar [10] 20:20 34:21 44:19 44:24 64:12 66:20 11:20 36:20 44:25 95:19 Simmons p] 126:14 simply PI 25:13 25:13 123:18 Sincerely p] 178:19 single pj 122:25 168:16 171:13 sit [i4] 41:6 45:8 63:13 100:5 39:10 43:24 45:12 69:23 113:8 41:3 44:10 59:13 75:4 166:19 situation p] 106:6 106:7 106:11 106:14 110:14 six [7] 4:14 162:3 162:14 162:21 162:25 163:4 163:5 siyrenep] 51:13 skimmed pi 11:19 108:15 skin [25] 22:23 24:2 24:5 24:21 25:18 25:24 25:24 35:3 35:4 35:7 35:10 35:20 35:25 40:18 44:19 45:3 155:1 24:1 24:8 25:18 32:21 35:5 35:12 35:25 45:2 Condenselt! skipped [i] 102:13 slash [4] 27:15 126:22 144:16 152:24 slight [2] 161:6 73:21 slightly[2j 156:25 98:25 slimp] 93:14 slowly [2] 98:5 97:22 small [4] 20:6 150:13 160:15 161:13 smart [i] 77-1 R smelled p] 67:24 Smith [i] 5:16 soap [5] 25:18 25:24 26:9 26:13 36:1 Societies [2] 111:25 114:9 Solid [l] 97:20 Solutia [i] 10:24 solution [3] 25:24 36:1 25:18 solvents [2] 121:22 121:20 someone [ii] 18:25 52:1 64:20 67:23 115:13 123:2 168:3 14:20 64:9 78:17 132:1 sometime pj 37:6 45:6 sometimes [2] 22:24 22:24 somewhat p] 130:10 somewhere [i] 99:12 SOnp] 155:24 soonil] 104:16 sorry [i6] 41:24 55:23 67:19 73:8 86:13 96:17 108:14 111:1 153:1 156:9 13:2 56:5 79:12 102:12 151:15 160:17 sort p] 20:18 87-5 sorting p] 56*12 sound pi 127:14 77:18 sounds pi 104:25 83:22 source pi 101:17 135:12 135:12 137:15 138:2 139:3 139:16 140:14 141:11 sources pj 134:15 137:11 138:7 space [i] it-7 spaces [i] 64:20 speak [i] 80:15 speaking [3] 34:23 93:2 113:9 species p6] 129:21 129:22 130:17 130:25 131:1 131:4 131:6 sensitizer - stud MARCH 3. 199 131:10 131:12 131:19 131:22 149:23 150:6 specific [40] 13:11 14:4 41:15 45:7 48:3 52:22 54:20 59:18 87:23 92:19 93:3 102:1 102:22 105:8 107:12 114:11 123:13 127:2 131:19 149:13 153:10 11:18 30:16 46:11 52:23 87:22 92:21 102:2 105:22 116:1 130:9 standpoint [4] 88:9 141:25 staple [i] start p] 13:5 115:23 Starting [i] starts [i] state [ii] 86:11 99:16 120:18 155:21 172:13 174:7 176:1 32:20 142:22 28:18 22-14 21:4 72:7 67:15 105:6 167:24 175:2 134:25 143:15 147:9 159:18 136:24 147:3 148:15 159:19 143:13 147:5 157:20 160:20 specifically [54] 8:7 12:16 14:9 14:14 15:5 15:11 15:25 30:13 30:18 38:24 40:8 41:18 44:23 46:3 46:16 46:19 49:11 50:18 51:4 55:16 55:21 . 62:12 63:14 64:6 65:18 69:2 72:5 77:6 77:22 79:3 ' 79:9 80:1 86:24 90:5 91:4 94:5 101:16 116:20 118:19 118:20 126:16 131:6 132:13 140:25 143:25 152:19 159:9 161:3 161:5 163:16 166:11 statement [301 43:1 53:1 66:18 67:7 89:22 98:15 116:2 122:21 132:5 136:15 142:16 145:11 145:22 150:18 157:17 158:11 158:25 167:16 170:4 171:15 Statements p] states [17] 4-18 48:5 70:4 97:5 155:21 175:6 4:20 62:25 74:15 112:19 173:21 stating [1] stationary p] 26:16 6510 79:21 100:24 123:16 141:6 145:14 156:14 158:18 169:4 141:21 4:1 15-21 67:1 79:1 141:19 174:2 104:4 46:22 168:24 169:2* 170:5 statistical [2] 161:14 specificity [2] 35:9 161:14 168:3 step [i] 76:9 specifics p] 166:18 specifies [i] specify PI spilled PI 25:23 35:25 130:10 163:2 27:10 25:17 steps [2] 11:16 - 17:6 Still [8] 55:7 81:5 103:1 121:4 122:16 136:23 136:23 167:19 stimulated p] 127:25 STIPULATED pj Spirits P] 4:24 5:8 4:10 178:9 6:1 Stmt [i] 3:4 spoke [i] 164:21 strain p] 164:4 sponsor [l] 74:1 . 166:24 sponsored pr- , 153:10 Street p]: 5:16 spots [1] li-3:i3 spray pj : 10 li7 sprayed p] 101:4 Springfield [4] 51:16 51:21 53:17 63:10 square [i] . 22:22 St [27] 4:16 ' 4:17 6:4 71:1 71:5 71:21 82:21 83:18 83:20 83:23 84:1 84:23 85:2 85:5 103:18 103:20 103:21 108:21 127:6 161:7 175:3 175:5 175:7 175:20 176:2 178:2 178:21 stamp pj 39:6 29:8 standard p] 23:2 studies P8] * 14:1 . 67:4=.. 108:5 108:6 112:5 114:11 114:23 125:15 13:22 108:3 109:2 114:14 126:23 150:4 150:5 - 153:9 158:15 158:17 162:16 162:18 164:23 166:16 166:22 167:12 162:20 165:10 166:17 167:8 167:22 164:22 165:18 166:21 167:11 167:23 167:25 168:5 168:3 174:9 study [28] 75:20 76:15 76:19 107:7 126:18 126:24 127:2 127:18 161:3 161:13 164:7 164:10 67:5 76:18 126:15 127:1 160:16 163:5 164:13 Index Page TOWOLDMONOQ51389 DR. KALEY 164:16 164:20 164:21 165:4 165:21 167:4 169:13 173:20 173:22 subacute [i] 158:16 subject [8] 62:20 62:23 99:19 125:7 147:1 46:24 99:14 145:2 subjected p] 173:22 submit [i] 89:17 subscribe pj 176:11 subscribing [i] 1776 subsequent [2] 24:10 160:14 subsequently [i] 79:18 subsidiaries p) 11:2 substance pi 32:24 32:25 62:4 71:22 73:6 176:8 8:17 36:5 72:22 substances [2] 7:17 148:4 substantiate pi 125:25 substantiated p] 168:8 substantiates pi 95:14 substitute pj 160:6 success pi 129:14 such p4] 27:4 27:19 38:2 38:5 48:16 51:21 77:9 95:13 125:9 131:21 139:24 140:22 148:22 153:11 176:7 176:10 7:23 28:2 48:14 63:16 95:25 139:11 142:18 153:22 sudden pj 60:14 suggest [i3] 28:4 37:3 70:16 86:17 90:4 90:23 118:7 128:18 28:1 68:2 87:10 98:25 164:4 suggested [7] 13:6 19:14 30:17 40:13 58:11 58:12 164:24 suggesting [4] 70:20 75:22 84:22 95:15 suggestion pj 30:19 85:9 suggests [i3] 27:2 28:10 76:21 87:6 89:16 100:19 110:19 143:2 13:3 34:7 87:10 110:5 148:17 suitable p] 123:3 Suite [i] 5.17 sump 48:6 summary [7] 41:20 55:18 55:24 61:16 169:7 169:8 172:8 sunlight pj 24:8 24:10 supply [i] 29:7 support [4] 89:17 95:21 95:24 128:20 supported [i] 141:21 surface [4] 84:18 133:13 133:18 134:2 surmise [i] 47:25 surmised [i] 20:8 surmising [i] 62:12 surprising p] 77.24 susceptible [i] 131:16 Sweden (2) 125:21 125:14 Swedish [4] 115:15 115:25 123:17 126:11 swimming [l] 137:21 sworn [3] 4:12 6:9 175:9 symptoms [3] 112:2 112:9 114:12 system[6] 17:19 17:21 17:23 34:2 34:4 34:5 systems [6] 27:5 27:20 33:20 34:7 51:13 150:14 -T- T [i] 7:7 T-l [l] 7:6 T-10 [2] 49:2 T-l 1 [3] 60:18 60:22 T-l2 [2] 66:1 T-l3 [3] 68:5 72:2 T-l4 [2] 72:12 T-l5 [3] 82:14 85:23 T-16 [4] 85:12 85:15 85:19 T-l7 [3] 88:16 88:20 T-l 8 [2] 103:6 T-l 9 [3] 106:17 106:20 T-2 [4] 12:5 12:9 59:22 T-20 [4] 108:9 110:22 117:13 T-21 [2] 110:16 T-22 [3] 115:1 115:5 T-23 [3] 116:5 116:9 T-24 [2] 117:22 T-25 [2J 119:19 T-26 [2] 123:8 T-27 [3] 124:12 124:24 T-28 [2] 129:4 49:5 60:19 66:3 68:9 72:15 82:17 85:15 88:17 103:10 106:18 12:6 108:12 111:4 115:2 116:6 117:23 119:22 123:11 124:15 129:7 Condenselt! TM T-29 p] 135:19 T-3 [is] 17:7 19:12 19:25 25:14 32:1 32:22 33:3 34:10 34:23 35:8 35:15 40:12 T-30 pj 143:18 T-31 p] 146:11 T-3 2 pj 149:5 T-33A 3] 151:3 151:12 T-33B pj 151:3 T-34 pj 152:20 T-3 5 [3] 154:1 155:2 T-3 6 p] 155:15 T-3 7 pj 157:3 T-3 8 [3] 159:22 160:4 T-3 9 pj 161:16 T-4 ri2i 17:7 19:17 29:6 34:6 34:15 36:12 36:14 118:1 T-40 pj 163:9 T-41 pj 168:9 T-42 p] 169:23 170:2 T-43 p] 170:22 T-44 [4] 171:22 173:17 174:1 T-5 [8] 17:8 19:20 36:12 38:11 39:12 T-6 [4] 21:10 28:22 28:24 T-7 [4] 38:21 39:23 154:16 T-8A p] 41:10 T-8B [2] 41:7 T-9 [5] 45:15 45:18 48:22 table p] 172:11 taking [8] 47:2 47:8 100:11 118:25 164:6 talks [6] 40:18 80:7 80:12 95:12 Tammie [5] 6:4 175:5 178:21 tank pj 43:8 tanks p] 42:14 taste p] 42:23 Tatton 1] Taylor PI 178:23 135:22 17:9 25:13 32:15 33:19 34:24 36:2 146:13 149:8 150:24 150:24 152:23 154:5 155:18 157:6 159:25 161:19 17:9 31:6 36:11 37:13 163:12 169:24 170:25 171:25 17:9 36:15 39:23 28:21 38:22 41:7 41:10 45:16 48:24 173:3 19:9 74:15 152:6 42:14 90:8 4:17 175:20 137:21 42:3 43:7 126:15 178:1 Taylor*Schroeder p] 4:15 175:6 Tech [i] 1:13 technical psi 19:20 20:2 21:22 31:6 36:11 37:12 38:15 39:22 41:3 44:20 48:20 55:3 79:14 91:14 92:2 92:3 124:4 154:5 19:18 20:18 36:2 38:11 41:2 47:16 79:11 91:15 105:25 154:8 technique p] 76:22 Telephone [2] 5:3 5:7 tells [i] 161:2 temperature p] 26:20 26:22 26:24 33:6 100:25 101:5 101:12 temperatures pi] 26:17 26:22 27:2 27:3 27:19 31:12 32:9 33:8 33:12 33:20 33:23 tendency p] 97:19 tends [i] 164:4 term [i6] 11:1 11:13 18:7 43:18 64:3 84:14 93:25 133:3 140:19 143:6 10:23 15:19 55:6 93:17 140:15 172:21 terms p] 23:24 61:10 73:3 91:24 141:1 141:19 158:8 Terphenyl p] 14:11 14:15 test [42] 22:21 22:22 23:4 23:6 23:7 23:9 23:11 '23:19 24:3 24:12 24:13 24:19 35:6 40:19 42:22 43:4 44:20 44:23 44:25 45:2 45:3 53:9 54:10 65:20 67:5 67:6 67:9 67:1-3 70:19 73:22 75:24 98:2398:23 98:25 - 99:1 ' 121:17 131:18 148:3 164:4 164:6- -1-64:6' 169:11 tested [7] 14:20 22:17 22:17 51:22 58:3 70:6 .164:10 testify pj 18:25 7:20 testimony [3] 7:1 7:1 175:12 testing [80] 16:19 16:24 42:19 42:25 43:7 43:7 44:8 45:6 51:17 51:23 52:3 52:12 52:17 53:20 54:13 54:20 16:7 42:6 43:5 43:25 45:9 51:24 52:13 53:24 55:4 subacute - threshol MARCH 3, 199' 55:8 57:4 58:22 63:4 63:22 66:24 70:11 73:24 75:23 86:13 86:22 102:22 107:24 120:21 128:22 134:13 138:11 139:21 140:22 56:18 57:20 59:7 63:11 65:14 69:18 70:16 74:1 84:23 86:18 86:25 107:13 109:21 120:23 134:1 135:14 139:7 139:24 57:1 58:6 59:8 63:12 65:19 69:24 70:22 74:25 86:12 86:19 87:11 107:20 109:23 120:24 134:5 137:1 139:11 140:18 tests [34] 14:16 15:10 25:5 35:10 52:9 52:10 57:12 58:21 66:20 70:19 121:4 121:11 66:20 99:6 121:6 121:16 122:2 122:6 134:11 138:17 163:3 166:2 14:6 15:11 43:22 57:9 66:15 69:21 114:18 121:8 121:25 128:18 148:20 167:3 thank p] 97:15 83:4 themselves [7] 118:23 119:2 147:23 148:8 148:22 148:22 164:21 theoretical [i] 70:22 theory pi 117:10 117:6 thereafter p) 104:16 122:18 therefore [3j 95:16 133:10 148:21 thereon [i] 176:10 thereto [i] 177:6 thereupon [i] 175:10 they'spi 158:25 they've [i] 90:23 think's [l] -172:16 r thinking pi ' ' -108:3 ' thinks p] 86:24 21:20' thinner [i] 157:16 third[8] 25:16 26:2 29:13 37:18 55:21 83:12 145:9 173:18 - thirty pj 178:16 Thomas [i] 150:3 168:13 thought [6] 33:17 36:8 89:24 96:12 97:11 98:10 threat [2] 150:7 three p] 19:12 three-page p] 54:15 118:5 136:2 threshold [3] 37:22 Index Page TOWOLDMONOQ51390 DR. KALEY 37:24 64:2 through [38] 7:3 8:4 15:17 19:13 19:21 20:17 21:7 21:14 31:8 32:5 45:19 49:6 72:16 83:3 88:21 129:10 136:17 142:9 143:22 154:4 157:8 163:13 168:12 168:16 173:5 6:19 12:10 19:19 21:7 21:19 34:11 51:2 85:17 134:22 142:9 155:19 167:20 170:16 throughout (2] 64:13 142:5 times [4] 20:9 90:3 158:17 171:10 timing [2] 90:5 66:23 tissues [ij 155:23 title [i] 51:4 TLV's [2] 106:13 64:2 today [32] 7:1 7:11 8:18 9:10 11:17 12:13 50:20 55:7 59:19 60:8 94:13 95:20 107:4 113:8 125:3 129:11 152:7 153:22 158:14 165:23 167:7 6:17 8:9 11:9 41:3 55:15 70:15 96:2 113:9 L32:19 153:23 166:19 today's [2] 19:7 19:4 together [5] 28:15 31:9 136:5 28:12 119:10 Tokyo [ij 120:3 tOO [3] 123:5 148:15 157:8 took[i] 37:16 top [15] 21:9 46:24 61:10 129:13 171:12 7:14 36:15 48:5 70:25 140:25 13:20 46:1 51:8 72:23 153:5 topics [i] 20:20 touching p] 122:7' 175:9 towards [i] 130:17 toxic [27] 18:9 32:18 98:4 98:16 98:17 99:1 99:3 99:6 123:18 123:23 123:25 123:25 130:25 141:1 141:19 141:24 142:12 142:22 142:24 143:8 144:17 145:7 157:13 157:15 157:23 172:10 173:2 toxicities [2] 130:21 157:20 toxicity [i56] 2:2 3:2 7:17 7:23 8:16 8:23 9:2 9:10 9:13 9:20 10:1 10:9 10:16 11:24 12:22 13:8 13:23 14:1 15:11 16:7 16:24 17:15 17:17 17:17 18:8 18:12 18:20 19:1 30:3 30:24 32:9 35:21 38:10 39:13 40:2 41:5 42:6 42:18 43:5 43:22 46:12 46:25 47:24 48:2 48:10 48:19 60:11 61:16 62:5 62:10 62:20 64:11 74:6 74:6 84:23 86:2 86:6 86:8 86:19 88:9 91:2 91:7 92:5 92:9 92:15 92:19 97:25 98:23 105:20 105:22 107:24 114:15 115:20 118:24 119:11 120:17 120:23 120:24 126:15 126:24 127:3 128:15 130:17 131:3 131:12 131:18 132:2 138:17 143:14 144:2 144:20 145:16 149:20 149:22 150:4 150:8 153:9 154:10 157:24 158:3 158:7 158:8 158:16 168:22 1:6 7:7 8:11 8:25 9:11 9:25 10:10 12:3 13:14 14:16 16:19 17:16 17:20 18:18 28:6 31:7 37:8 39:21 41:20 42:25 43:25 47:5 48:7 50:13 61:25 62:15 73:12 84:5 86:5 86:13 90:10 91:21 92:14 97:13 105:12 107:19 114:18 119:2 120:21 124:8 127:1 128:22 131:10 131:21 142:21 144:15 146:7 150:1 152:13 154:20 158:3 158:15 toxicological [i4] 26:18 31:13 43:2 43:15 43:20 72:23 89:4 126:18 127:18 128:9 ' 128:14' 141:22 143:7 150:5 toxicologists [3] 125:19 126:1 128:11 toxicology [8] 20:15 20:19 22:5 24:18 29:2 35:1 83:7 127:16 track [ij 159:3 tracked [il 159:10 Trade [ij 36:16 trail p] 108:25 109:5 transcribed [i] 6:5 transcript [4] 3:7 Condenselt!TM 3:8 160:6 178:13 transcription [ij 72:2 transfer [i] 123:3 transformers [i] 133:8 transmission [3] 140:3 140:6 140:9. treated [21 26:1 25:21 treatment [2] 26:7 26:13 trigger HI Trion [2] 75:3 163:4 60:1 trouble [4] 56:11 101:1 101:13 118:5 true [i9] 15:3 105:12 120:8 122:17 123:18 142:11 142:14 157:25 158:11 169:22 172:17 176:9 176:13 58:24 122:17 125:25 145:22 169:22 175:11 truth p] 175:9 175:9 try [2] 120:2 166:15 trying [9] 30:13 54:12 54:17 54:23 98:20 122:14 133:1 141:11 141:12 TSA [i] 177:5 tumors [21 167:5 164:1 Turet [i8S] 1:12 5:20 6:16 8:4 9:4 9:8 9:19 9:24 10:8 10:15 12:5 12:8 12:18 13:5 17:13 17:14 18:24 19:7 21:16 21:21 22:4 22:21 25:23 26:19 28:23 29:1 29:16 30:21 31:5 31:17 32:5 32:13 34:24 35:3 36:15 38:20 39:24 40:1 42:11 43:6 45:15 45:18 49:4 49:17 51:25 52:5 60:18 60:21 65:14 65:24 67:14 68:7 71:25 72:6 74:14 74:24 79:11 80:22 87:25 88:16 90:25 91:22 92:1 92:13 93:25 94:8 96:11 96:14 98:20 100:3 1:3 6:13 8:25 9:15 10:3 10:21 12:15 17:7 18:14 19:11 22:1 25:15 28:21 29:4 31:2 31:22 34:10 36:11 38:24 40:16 43:21 45:21* 51:7 54:25 65:2 66:23 71:19 72:14 78:7 82:16 88:19 91:25 92:24 95:3 97:6 100:7 103:1 106:17 107:19 108:11 112:15 113:18 116:3 117:14 117:25 119:15 121:17 126:1 129:6 132:4 134:9 138:21 139:25 144:15 147:14 150:2 152:22 159:1 159:24 161:9 165:5 169:23 174:13 103:8 106:20 108:1 109:13 113:3 113:23 116:5 117:18 118:22 119:18 124:14 126:9 130:6. 132:14 135:3 139:2 140:23 145:14 147:21 151:1 155:11 159:9 160:5 161:18 165:19 173:7 105:23 107:13 108:8 110:4 113:13 114:24 117:6 117:22 119:1 119:21 125:13 128:1 13.1:2 133:22 138:11 139:12 143:6 145:18 148:24 152:11 158:1 159:21 160:8 163:11 166:12 173:17 Turet's [1] 31:16 turn [2] 29:16 38:24 tWO [22] 5:10 37:17 38:11 40:2 41:10 41:17 56:7 67:4 89:18 98:13 99:7 119:9 136:5151:2 154:19 23:23 38:17 41:12 61:15 98:7 116:16 145:4 two-minute [i] 173:13 type [5] 28:4 - 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79:23 80:4 - 8hl6; 88:1 93?f7- 93:25-" 94:7 94:9 101:14 110:5 121:8 133:2 137:17 137:20 137:25 139:25 140:12 140:20 143:10 150:12 150: i 4 151:23 172:16 useful [2] 128:13 54:23 : uses [14] 25:2 50:23 70:23 88:8 91:8 102:7 121:6 136:15 138:22 40:21 84:19 99:10 124:8 148:1 using [io] 51:12 74:11 96:6 97:12 106:7 106:8 25:5 95:25 106:5 153:10 usual [2] 153:10 36:1 Index Page : TOWOLDMONOQ51391 DR. KALEY Condenselt! TM usually [2] 150:13 17:18 -V- V [2] 4:5 4:8 value [2] 167:9 13:12 values [i] 64:2 vapor [30] 33:7 33:12 52:21 54:14 64:15 68:19 77:23 81:25 97:13 97:16 97:20 97:21 132:7 132:8 132:15 132:20 132:22 133:9 133:21 136:24 33:5 52:8 57:15 69:1 97:9 97:18 98:2 132:9 132:21 133:13 vaporization [6] 51:17 53:7 82:9 101:12 139:3 139:8 vaporize p] 98:5 81:22 vaporized [i] 134:10 vaporizes p] 97:22 vapors [25] 27:13 27:21 28:11 28:14 33:22 34:3 40:24 55:2 65:15 73:13 81:9 104:12 105:2 105:5 105:23 106:3 27:8 27:23 33:15 34:4 58:3 75:2 104:12 105:14 134:1 varies [i] 32:18 variety [4] 121:20 143:9 164:22 166:9 various [ii] 47:16 80:9 91:3 91:6 150:6 157:17 160:10 34:16 88:7 121:22 157:21 vegetable p] 26:10 26:14 ventilation [2] 28:12 28:15 venture [2] 120:6 120:4 version [i] 31:11 versus [6] 87:17 88:1 94:1 94:6 40:9 88:12 via(i] 139:17 vicep] 153:6 Video pi 4:16 175:7 178:1 view [3] 65:23 65:25 87:15 vis-a-vis [i] 165:3 vital [i] 152:8 vitally [i] 122:21 voiced [i] 146:23 volatile [2] 95:17 32:19 volatility pj 32:18 volatilization [5] 80:13 81:15 81:21 96:22 97:2 volunteers [i] 35:6 VS p] 177:3 178:9 -w- W[6] 71:15 73:4 82:18 85:22 86:1 89:2 W.R[3] 162:6 162:7 162:9 Walter [l] 29:19 Walton p] 169:16 168:14 wants [i] 132:1 warmer [i] 26:21 warning pj 151:5 151:18 152:8 warnings p] 152:13 washed p] 25:24 36:1 25:18 washings pj 26:10 26:14 Washington pj 106.24 108:20 watching p] 62:23 water p] 26:10 26:14 137:20 146:21 147:17 148:19 149:2 waterways p] 117:19 Watkins [i] 5:13 wax p] 139:2 139:9 Waychoff [i] 29:19 ways [4] 91:3 91:6 91:12 128:4 week p] 64:5 157:11 weight [i] 161:14 WFWp] 29:18 Whatever's p] 72:10 whatsoever p] 64:11 Wheeler [12] 60:24 61:1 63:14 71:5 123:5 123:11 141:7 141:15 2:10 62:25 116:17 123:16 whereas p] 151:23 wherein p] 4:21 WHEREOF pi 175:16 wherever pj 11:7 whichever p] 21:6 74:3 whole [i3] 30:15 63:4 91:22 109:20 123:21 136:3 144:25 145:13 30:12 76:5 115:23 144:6 167:25 widely [i] 110:12 Widmark p) 125:3 125:12 125:15 125:19 126:7 125:1 125:14 126:2 wildp] 149:23 Wilde [i] 126:11 William pj 162:10 146:15 willing [3] 18:22 83:16 85:8 Wilson [il 5:9 withdraw po] 16:5 57:21 73:9 78:23 81:2 90:25 104:2 112:5 117:20 169:7 withdrawal p] 79:17 80:18 91:18 92:5 92:14 withdrawing [2] 79:24 91:6 withdrawn [ij 79:1 withdrew pj 79:5 within [28] 4:18 11:3 11:6 15:7 23:3 24:3 33:3 35:15 35:21 41:19 42:5 49:13 50:2 94:1 104:17 106:8 132:2 142:16 146:22 147:6 147:6 158:1 162:14 162:21 163:4 175:5 176:8 178:16 without [i7] 47:8 51:3 54:20 62:12 72:4 100:11 126:16 147:3 154:24 157:20 172:18 20:10 53:18 66:25 109:17 151:10 166:18 witness po] 6:5 22:11 25:12 30:10 175:10 175:12 175:16 176:24 176:25 176:25 Wood p] 115:9 2:6 word [22] 18:21 61:17 72:5 72:8 83:15 132:23 140:5 145:21 152:10 154:24 154:25 155:1 155:5 155:5 8:8 72:5 72:9 133:2 152:10 154:25 155:1 155:6 worded [il wording pi 34:8 34:16 40:4 43:19 151:17 33:14 33:17 37:17 44:24 words [i4] 36:7 37:19 54:12 58:22 75:21 81:12 95:20 130:23 155:7 25:2 37:21 74:11 89:15 151:14 worked [i] worker ["] 64:4 65:23 106:23 54:11 166:8 workers po] 54:6 54:18 64:6 67:10 115:16 115:17 115:19 160:16 160:20 161:15 works [i] 88:10 world [7] 4:23 5:19 6:18 11:7 worried pj worries p] worry [2] 65:10 worrying pj 63:17 63:21 write [4] 21:14 22:6 28:7 writer [2] 174:1 writing pj 46:21 175:11 written [3] 59:20 68:20 wrong [i] wrote pj 32:3 131:7 144:11 4:6 6:10 11:10 115:17 65:11 64:19 63:15 21:19 23:12 25:13 31:18 114:21 27:16 132:21 X [2] -X109:1 113:10 -Y- yearly p] 159:16 years [3] 150:4 159:5 84:13 51:2 yesterday p] 7:7 38:14 114:25 115:5 123:12 124:1 / 129:8 135:22 157:6 Yusho [i] 120:11 usually - Yusho MARCH 3, 1999 Index Page T TOWOLDMONOQ51392 DEPOSITION OF DR. KALEY, 3/3/99__________________________________________ 1 STATE OF MISSOURI ) ) 2 CITY OF ST. LOUIS ) 3 4 5 I, DR. KALEY, do hereby certify: 6 That I have read the foregoing deposition; 7 That I have made such changes in form and/or 8 substance to the within deposition as might be necessary 9 to render the same true and correct; 10 That having made such changes thereon, I hereby 11 subscribe my name to the deposition. 12 I declare under penalty of perjury that the 13 foregoing is true and correct. 14 15 Executed this1st day ofAPril 16 19 99, atSt. Louis, Missouri. 17 18 19 20 DR. KALEY 21 22 My Commission Expires: 23 Notary Public: 24 Signature Page to Witness 25 Witness Letter Sent to Witness 176 TOV\/ni nMnMnn^-noQ _____________ DR. KALEY________ NAME OF DEPONENT DEPOSITION CORRECTION SHEET In re: Maertin, et al. vs. Monsanto, et al. Reported By: TSA Upon reading the deposition and before subscribing thereto, the deponent indicated the following changes should be made: Page 14 Line 13 Should Read: manufacture Reason assigned for Change: transcription error Page 51 Line 13 Should Read: styrene latex Reason assigned for Change: transcription error . Page 54 Line 8 Should Read: basis, that Reason assigned for Change: transcription error Page 58 Line 5 Should Read: secured Reason assigned for Change: transcription error Page 60 Line i Should Read: Treon Reason assigned for Change: misspelling Page 61 Line 14 Should Read: He was the one who Reason assigned for Change: missing word = one Page 62 Line 22 Should Read: it's more an aside ' Reason assigned for Change: transcription error' SIGNATURE OF DEPONENT TOWOLDMONOQ51394 DR. KALEY NAME OF DEPONENT DEPOSITION CORRECTION SHEET In re: Maertin, et al. vs. Monsanto, et al. Reported By: TSA Upon read ing the deposition and before subscribing theresto, the deponent indicated the following changes should be made : Page 68 Line 17 Should Read: Presumably; I don't know Reason assigned for Change: transcription error Page 75 Line 3 Should Read: Treon Reason assigned for Change: misspelling . Page 88 Line 13 Should Read: route Reason assigned for Change: transcription error Page 98 Line 16 Should Read: more toxic Reason assigned for Change: misstatement Page 113 Line 1 Should Read: dibenzo (both occurrences) Reason assigned for Change: transcription error Page 121 Line 22 Should Read: lining Reason assigned for Change: transcription error Page. 133 Line 11 Should Read: more significant than in-the Reason assigned for Change: transcription error _ SIGNATURE OF DEPONENT TOWOLDMONOQ51395 DR. KALEY________ NAME OF DEPONENT DEPOSITION CORRECTION SHEET In re: Maertin, et al. vs. Monsanto, et al. Reported By: TSA Upon reading the deposition and before subscribing thereto, the deponent indicated the following changes should be made: Page 137 Line 24 Should Read: "1236" should read "1260" Reason assigned for Change: transcription error Page 167 Line 25 Should Read: site Reason assigned for Change: misspelling Page 168 Line 4 Should Read: human being; that has Reason assigned for Change: punctuation Page 172 Line 16 Should Read: basis in fact Reason assigned for Change: transcription error Page Line Should Read: Reason assigned for Change: Page Line Should Read: Reason assigned for Change: Page Line Should Read: Reason assigned for Change: SIGNATURE OF DEPONENT TOWOLDMONOQ51396