Document xj9kq1NV4Yva39R1jx2Gb1DpQ

Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 Page 162 to Page 259 ACE-FEDERAL REPORTERS, INC. 202-347-3700 CONDENSED TRANSCRIPT & CONCORDANCE PREPARED BY: ACE-FEDERAL REPORTERS, INC. 1120 G STREET, NW SUITE 500 WASHINGTON, DC 20005 Phone: 202-347-3700 FAX: 202-737-3638 WATER PCB-SD0000068075 BSA______________________________Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992______________________ XMAX(l) Page 162 [1] - SUBJECT TO PROTECTIVE ORDER [2] IN THE SUPERIOR COURT OF THE STATE OF DELAWARE [3] IN AND FOR NEW CASTLE COUNTY [4] ...................................x [5] MONSANTO COMPANY, : [6] Plaintiff, : [7] -vs- : CA No. 88C-JA-118-1-CV [8] AETNA CASUALTY & SURETY : C-l-90492 [9] COMPANY, et al., : [10] : Volume II [11] Defendants, : [12] ......................................x [13] DEPOSITION OF GEORGE J.LEVINSKAS [14] Wednesday, December 23,1992 [15] Wilmington, Delaware [16] Continued Deposition of GEORGE J. LEVINSKAS, [17] called for examination pursuant to agreement by [18] counsel, at the law offices of Elzufon, Austin & [19] Drexler, 21st Floor, 1201 Market Street, at 9:30 a.m., [20] before CRAIG L. KNOWLES, Court Reporter, when were [21] present on behalf of the respective parties: [22] _____ - continued -_______ *___________________________ Page 163 [1] APPEARANCES: [2] PETER J. WALSH, JR., ESQ. [3] Potter, Anderson & Corroon [4] 350 Delaware Trust Building [5] Wilmington, Delaware 18999 [6] On behalf of the Plaintiff. [7] DAVID S. FLORIG, ESQ. [8] Manta and Welge [9] One Commerce Square, 37th Floor [10] 2005 Market Street [11] Philadelphia, Pennsylvania 19103 [12] On behalf of the Defendant Liberty Mutual [13] Insurance Company. [14] MARILYN M. SANDBECK, ESQ. [15] Wiley, Rein & Fielding [16] 1776 K Street, N.W. [17] Washington, D.C. 20006 [18] On behalf of the Defendant Travelers Indemnity [19] Co. [20] [21] [22]________________________________________________ Page 164 [1] CONTENTS [2] WITNESS EXAMINATION [3] George J. Levinskas [4] by Mr. Florig 5, 247 [5] by Ms. Sandbeck 221 [6] by Mr. Walsh 242 [7] EXHIBITS [8] LEVINSKAS DEPOSITION NUMBER IDENTIFIED [9] Exhibit 1 164 [10] Exhibit 2 179 [11] [12] [13] [14] [15] [16] [17] [18] [19] [20] [21] [22]___________________________________________ Page 165 [1] PROCEEDINGS: [2] Whereupon, [3] GEORGE J. LEVINSKAS, [4] was called for continued examination by counsel for [5] Defendants and, having been previously duly sworn by [6] the Notary Public, was examined and testified further [7] upon his oath as follows: [8] EXAMINATION BY COUNSEL FOR DEFENDANTS [9] BY MR. FLORIG: [10] Q. Dr. Levinskas, good morning. [11] A. Good morning. [12] Q. We will try to get you out of here today as [13] early as we can. [14] You understand you are still under oath, [15] correct? [16] A. I do. [17] MR. FLORIG: Mark this asnumber 1. [18] (Deposition Exhibit 1 was marked for [19] identification.) [20] BY MR. FLORIG: [21] Q. Dr. Levinskas. You have in front of you what [221 has been marked as Levinskas number 1. I would just Page 166 [1] like to ask you, is this a copy of your resume, or [2] c.v.? [3] MR. WALSH: You can take a minute to look at [4] it. [5] MR. FLORIG: Sure. [6] (Witness examines document.) [7] A. Yes. [8] BY MR. FLORIG: [9] Q. On the first page in the upper right-hand [10] comer there is an IBT number. Do you blow what that [11] refers to? [12] A. I have not seen this, the heading on here. I [13] don't, I have no knowledge of it. [14] Q. Can you tell when thisresume was prepared? [15] A. I do not recall a specificdate. It does [16] have, among the references there is one dated 1977, so [17] it would either be 1977 or later. [18] . Q- You will see on the first page under the first [19] heading, Business, it says, "Director, environmental [20] assessment and toxicology." [21] A. Yes. [22]____ Q. Do you see that? Page 167 [1] A. Yes. [2] Q. I believe you told me yesterday you held that [3] position from approximately 7980 to 1986? [4] A. Yes. [5] Q. So this would have been prepared sometime in [6] the early to mid 1980s? [7] A. Well, as I said, the date I gave about '80 or [8] so for my title of director of environmental assessment [9] and toxicology, I am not too sure of the actual date on [10] which that change was made. [11] Q. All right. [12] A. But since this has a 1977, reference to a 1977 [13] publication, I would say it was after 1977. [14] Q. Does the residence listed help you be more [15] definite? [16] A. We lived at Kirkwood until 1981, I believe. [17] Q. Did you prepare this, do you want to refer to [18] it as a resume or c.v. [19] A. Whichever you choose. [20] Q. Did you preparethis c.v., yourself? [21] A. I don't recalldoing it, but I probably did. [22] ____ Q, You can take as long as you need to look Page 168 [1] through this. [2] What I would like to know is whether all of [3] the information contained therein was accurate at the [4] time this was written. [5] (Witness examines document.) [6] BY MR. FLORIG: [7] Q. I won't ask you to go through all of your [8] publications. [9] A. I believe it is. [10] I would like to go back and make two comments [11] relative to earlier testimony. [12] Q. Sure. [13] A. I think I indicated my first title at Monsanto [14] was manager of product [15] Q. Development, I think you said. [16] A. Development. Itwas probably manager of [17] product safety. [18] Q. All right. [19] A. And in that same paragraph on page 3-19-71 to [20] present it says, let me go back here, make a reference ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 162 to Page 168 WATER PCB-SD0000068076 BSADepo ok GEORGE J. LBVINSKAS Monsanto v Aetna December 23, 1992XMAX(2) [21] to the planning and design of environmental health [22] laboratory currently under construction in the vicinity Page 169 [1] of the Washington Medical School. That would make me [2] think that this was probably prepared more likely about [3] '75 or '6. [4] Q. All right. [5] A. Or it could have been as late as '77. [6] Q. That lab came cm line in'771 [7] A. I think it came on line in '77, so this was [8] probably prepared about '75. [9] Q. Okay. [10] A. Well, I go back to that '77 publication, it [11] would have to be early '77. [12] Q. Was this c.v. ever circulated outside of [13] Monsanto1 [14] A. I have no knowledge that it was. [15] Let me back up. I did put together a c.v. [16] which I had sent once or twice at request of people [17] either in professional societies or where I had been [18] invited to lecture. With those exceptions, which I [19] sent a few times, 1 have no knowledge that this was [20] sent out side of Monsanto. [21] Q. Were the c.v. or c.v.'s of employees involved [22] m toxicity testing ever attached to reports that were Page 170 [1] sent outside of Monsanto? [2] A. I have never attached them. I do not know [3] what others may have done. [4] Q. I want to direct your attention to page 3 [5] under the heading 1971 to present. In the second [6] paragraph, the first sentence says, "Dtect and [7] supervise toxicology section of department which [8] determines the need for, plans, monitors and evaluates [9] all toxicity testing for the company." [10] Do you see that? [11] A. Yes. [12] Q. Was it true in 1977 that you were involved [13] with all toxicity testing? [14] A. It was intended that all toxicity tests were [15] to be placed through my section in the department. [16] Q. All right. [17] A. Let me modify that. We are talking now with [18] respect to mammalian testing. [19] Q. Didn't you say yesterday that the [20] environmental sciences group may have been doing [21] toxicity testing, as well? [22] ____ A. I indicated that there could be aquatic Page 171 [1] testing or environmental fate testing that was being [2] done elsewhere in the company. [3] And also it would be a question of what [4] timeframe are we talking about. [5] Q. So there may have been toxicity testing going [6] on within the company which you were not involved with, [7] correct1 [8] A. I have no knowledge that there was, but there [9] could have been. [10] Q. One of the goals of toxicologists and [11] industrial hygienists is the protection of people, [12] correct? [13] A. I am not prepared to speak to the goals of [14] industrial hygienists. My efforts as a toxicologist [15] are to, as I said, determine the need for, design, [16] plan, implement, evaluate, test data and forward it to [17] others with my interpretation or suggestions as to the [18] significance and, on occasion, utility of the [19] information. How it is used and how it is implemented [20] by others, I do not know. [21] Q. Do you have any understanding of why those [221 people would request or need that information? Page 172 [1] A. There could be a variety of reasons. [2] Q. What would they be? [3] A. One could be a regulatory requirement, which [4] have gotten increasingly more stringent over the years. [5] The other could be a - these are compared to existing [6] products. [7] Another goal would be to have information horn [8] which procedures could be developed to ensure the [9] safety of employees, uses of the product. [10] Q. Those all lead ultimatety to the protection of [11] people, don t they? [12] A. Yes. [13] MR. WALSH: Excuse me, Dave, I assume that my [14] standing leading objection continues today? [15] MR. FLORIG: Yes. [16] MR. WALSH Thank you. [17] BY MR. FLORIG: [18] Q. Your answer was yes? [19] A. One of the purposes is, yes, as I have [20] indicated, to develop the information so that it can be [21] used to assure the safety of the employees and the [221 customers._____________ * Page 173 [1] Q. And others who might oome in contact tvith the [2] material, is that true? [3] A. I have some difficulty with that question. I [4] can, not I, but the company, can send information with [5] the product. And what happens to the - if the product [6] and the information get separated at some future date, [7] someone could come in contact with it somewhere. And [8] if the information is not there, I don't know how that [9] would be handled. [10] Q. / want to ask you about several publications [11] or texts that we didn't discuss yesterday. I just ivant [12] to ask you if you are familiar tvith them. [13] Are you familiar with a book by M. B. Jacobs [14] entitled The Analytical Chemistry of Industrial [15] Poisons, Hazards and Solvents? [16] A. I have heard of the book, yes. [17] Q. All right. Do you recall if you ever used or [18] looked at the book? [19] A. I may have glanced at it. [20] But that is predominantly an analytical [21] chemistry book. That is not my field of interest or [22] expertise._____________________ Page 174 [1] Q. How about a book by W. S. Spector entitled [2] Handbook of Toxicology, Acute Toxicities of Solids, [3] Liquids and Gasses to Laboratory Animals? [4] A. I have heard of the monograph. It is a, I [5] think -- I shouldn't say I think. [6] I have heard of the monograph, but right now I [7] have difficulty visualizing the nature of the book and [8] its content. [9] Q. You don't recall whether it was a compendium [10] of chemicals and their toxicity evaluations? [11] A. It's been some time since I have looked at the [12] book, and I have difficulty, I just can't visualize the [13] nature of the book or its content, I am sorry. [14] Q. Do you recall whether either of the first two [15] books that I mentioned were regarded as authoritative [16] or respected within the toxicological profession? [17] A. I cannot speak for others. I have indicated [18] that I have knowledge of the books. Personally I do [19] not recall using them very extensively. [20] Q. Does Cr.t me-rn that you are unable to make an [21] evaluation or you dun t nave an opinion? [22]______ A. I cannot recall enough of either book to Page 175 [1] comment on it at this time. [2] Q. Next is a book edited by F. A. Patty, [3] P-a-t-t-y, entitled Industrial Hygiene and Toxicology. [4] A. Yes. [5] Q. What can you tell me about that book? [6] A. That is a rather extensive compendium. It has [7] sections which deal with the general practice of [8] industrial hygiene. It also has summaries of toxicity [9] of various chemicals. [10] Q. Was that a reference that was used throughout [11] industry? [12] MR. WALSH Objection, calls for speculation. [13] A. I do not know the extent of its use or [14] distribution. I refer to the sections on chemicals in [15] it fairly frequently. [16] BY MR. FLORIG: [17] Q. You view the information inthere as reliable, [18] as best you could tell? [19] A. Many of the authors I know, have known Page 168 to Page 175 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068077 BSA Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 XMAX(3) [20] personally, and I consider them to be competent [21] toxicologists and I would accept their word as [22] reliable._______________ ________________________ Page 176 [1] Q. You mentioned yesterday a TLV Committee. Is [2] that also referred to as the Committee on Threshold [3] Limit Values? [4] A. I believe they are the same. [5] Q. Is that an am of the American Conference of [6] Governmental and Industrial Hygienists? [7] A. Yes. [8] Q. Are you aware of a publication by that [9] committee entitled Documentation of Threshold Limit [10] Values? [11] A. Yes. [12] Q. What can you tell me about that publication? [13] A. Again, it is a compendium which provides [14] summaries of the toxicology of the chemicals listed for [15] which they have established so-called threshold limit [16] values. [17] Q. Is thatregarded asreliable? [18] A. OSHAadopted it for its permissible exposure [19] limits, I guess that attests to its reliability. [20] Q. Do you know when that committee started [21] publishing TLVs? [22] _____ A. I do not know the specific year. Page 177 [1] Q. Do you recall whether it was, when you were a [2] graduate student, whether it was in existence at that [3] lime? [4] A. I do not recall, as I indicated, the year it [5] started, and 1 could not even make a reasonable guess [6] as to when it started. [7] Q. Next is a text by H. B. Elkins, The Chemistry [8] of Industrial Toxicology. Are you familiar with that [9] book? [10] A. I know of the book. [11] Q. Have you used it? [12] A. I would - infrequently, very infrequently [13] because it deals predominantly with chemical analysis. [14] And I have indicated earlier that is neither my [15] interest nor my specialty. [16] Q. Next is a book by L. T. Fairhall entitled [17] Industrial Toxicology. [18] A. I know the monograph. [19] Q. What can you tell me about that? [20] A. My general recollection, it's a series of [21] relatively short articles which combine some toxicology [22] and some analytical chemistry. Page 178 [1] Q. Did you regard that book as reliable? [2] A. It probably is reliable. Because of the [3] brevity, the smallness of the volume and brevity of the [4] treatment, I did not find it very useful. [5] Q. Is that because it was information that was [6] already generally known to you? [7] A. I think I had better sources. Patty would be [8] one of those for comparable information. [9] Q. Next is a book by H. W., perhaps it's Gcrarde, [10] G-e-r-a-r-d-e, entitled Toxicology and Biochemistry of [11] Aromatic Hydrocarbons. [12] A. Yes. [13] Q. Are you familiar with that book? [14] A. Yes. [15] Q. What do you recall about that book? [16] A. Dr. Gerarde was doing research on petroleum [17] compounds, and that monograph is a result, compendium [18] of much of the studies that he did. [19] Q. Did you refer to that book? [20] A. If I had petroleum compounds that were there, [21] I would refer to that book. [22] Q. Did you regard it as a reliable source of Page 179 [1] mfomatwn? [2] A. Yes. [3] Q. Next is a book by two authors, one, H. [4] Gerarde, and the other W. D. Deichman, D-e-i-c-h-m-a-n, [5] entitled Toxicology of Drugs and Chemicals? [6] A. Yes, I know the monograph. [7] Q. What do you recall about that book? [8] A. It was a relatively short description of a [9] variety of compounds. Its primary use was intended and [10] I think its use was for treatment of acute exposure [11] such as emergency room treatment for exposures to [12] chemicals. [13] Q. Did you have occasion to consult that book? [14] A. I would look at it on occasion, but not [15] regularly. [16] Q. Did you view the information as reliable? [17] A. Yes. [18] Q. Next is a book by E. Browning entitled [19] Toxicity of Industrial Organic Solvents. Are you [20] familiar with that book? [21] A. Yes. [22]____ Q. What do you recall about that book? Page 180 [1] A. I do not consult that very frequently, but my [2] recollection is that they were somewhat extended essays [3] on a variety of solvents. [4] Q. Did you view that book as reliable? [5] A. Yes. [6] Q. Are you familiar with the tem "synergy" as it [7] applies to toxicology? [8] A. Yes. P] Q- What does that tem mean to you as applied to [10] toxicology? [11] A. To me, synergy would be an additive effect, [12] one plus one equals two. [13] Q. Is that different from how you would think of [14] synergy in a non-toxkological context? [15] A. That is my definition of synergy in all [16] contexts. [17] MR. FLORIG: Will you mark this as Exhibit 2 [18] (Deposition Exhibit 2was marked for [19] identification.) [20] BY MR. FLORIG: [21] Q. Dr. Levinskas, you have been handed what has [22] been marked as Levinskas Exhibit 2. I don't really Page 181 [1] think it's going to be necessary for you to read [2] through the entire document. If you want to take a [3] moment and refamiliarize yourself with it, that is [4] fine. [5] (Witness examines document.) [6] BY MR. FLORIG: [7] Q. Okay? [8] A. Yes. [9] Q. My first question is do you recall preparing [10] this document? [11] A. I don't recall preparing it, but - before [12] looking at it. But, yes, I did prepare it. [13] Q. You prepared it in December of 1973? [14] A. I would say then or just before then. [15] Q. You were making a presentation about safety [16] aspects of Lopac containers? [17] A. Yes. [18] Q. Do you recall who attended that conference? [19] Let me see if I can ask a better question. I [20] don't want the names of people. Was it a presentation [21] for people outside of Monsanto? [22] ______ A. Yes, this was for people outside of Monsanto. Page 182 [1] Q. Was the entire conference focused on these [2] Lopac containers? [3] A. Yes. [4] Q. What is a Lopac container? [5] A. Lopac is a trade name for the plastic soft [6] drink bottle we talked about yesterday, the beverage [7] container. [8] Q. You personally conducted some studies on that [9] container, correct? [10] A. I dida limited amount of study on it, yes. [11] Q. Including burning? [12] A. Yes. [13] Q. Let me direct your attention to page 12. The j [14] first full paragraph, the third sentence recks, "It is i [15] also possible that simultaneous exposure to a mixture I [16] of combustion products could restdt in a synergistic [17] action, i.e., a greater toxicity than that which xvould [18] be expected from the simple additive effects of each ACE-FEDERAL REPORTERS, INC 202-347-3700 Page 175 to Page 182 WATER PCB-SD0000068078 BSA Depo of; GEORGE f. LEVINSKAS Monsanto v Aetna December 23, 1992 XMAX(4) [19] compound." [20] Do you see that? [21] A. I do. [22] __ Q. Is that consistent with the definition I have___________ Page 183 [1] synergy that you just gave me? [2] A. No. [3] Q. Can you explain what theinconsistency is? [4] A. The term"synergistic,''at one time 1 took - [5] I had different people express different [6] interpretations. Some refer to synergism as additive, [7] some refer to it as greater than additive. This [8] troubled me. So I went through just about every [9] pharmacology textbook I could get my hands on to look [10] up the definition of synergism. [11] Q. All right. [12] A. I found that there was no consistency in the [13] term as it was being used by different people. I [14] thereupon decided that the original definition that I [15] had in grad school of synergy was additive. I decided [16] I would stay with that. [17] Some say additive, some say greater than [18] additive. I dedded, it would have probably been about [19] this time, insofar as possible in the future I would [20] avoid using the term "synergy." [21] Q. In this presentation you referred to it as [22] greater than simply additive, correct? Page 184 [1] A. Yes. I think I am reflecting the confusion [2] that I believe exists because of the various [3] definitions in the various textbooks. [4] Q. Today you believe in the simple additive [5] definition of synergy? [6] A. If I were to use the term, and I avoid it as I [7] have indicated, I would prefer to simply say additive [8] or greater than additive. ' [9] Q. All right. [10] A. Or on occasion it may beless than additive. [11] Q. In your experience can exposure to two toxic [12] materials produce a greater than additive toxic effect? [13] A. I think I just indicated it could be additive, [14] greater than additive or less than additive. [15] Q. Your experience has shown all three? [16] A. I have not thought of it in those terms, but I [17] think I could say yes. [18] Q. You can put that aside. [19] Are you familiar with the term "persistence" [20] as it applies to chemicals? [21] A. Again, persistence is a descriptive, term, and [22] people have their own definitions of it. Page 185 [1] Q. What is yours? [2] A. Persistence would have to be in some context. [3] Obviously a chemical in a bottle I would hope is [4] persistent. [5] Q. In a bottle are some chemicals more persistent [6] than others? [7] A. This goes to the question of persistence. If [8] I have a bottle of a chemical, I would like some [9] assurance that that chemical will be there or that what [10] I get out of that bottle is that chemical when I take [11] that bottle off the shelf. [12] If it's not persistent, then it's not a useful [13] chemical or it's not useful to keep that chemical for [14] that purpose. [15] Q. Is it true that some chemicals staying in the [16] bottle, is it true that some chemicals will persist [17] longer than others in that environment? [18] A. I think that is true, yes. [19] Q. Does persistence refer to the property of a [20] chemical or a compound maintaining its identity over a [21] period of time? [22] ____ A. I think I have indicated one would have to put Page 186 [1] persistence in some context. For instance, if one buys [2] a drug, you will have an expiration date. Now why it [3] has an expiration date with an admonition not to use it [4] beyond that date, it could be any one of several [5] reasons. [6] So when you talk of persistence, I think you [7] have to talk of persistence in some situation or some [8] context. P] Q. Let's talk about the outdoor environment. [10] Will some chemicals or compounds, if buried in the [11] ground, maintain their identity longer than others? [12] A. I think that has been demonstrated, yes. [13] Q. Would you refer to that as their persistence? [14] A. Some - [15] Q. In the environment? [16] A. Yes, some have called it persistence in the [17] environment. [18] Q. Would you call it that? If there is another [19] better term - [20] A. Salt exists in the ocean. You can say salt is [21] persistent in the ocean. I think it's a question of [22] how one wants to apply the term and the sort of Page 187 [1] situation one has to describe. [2] Q. During the time that you worked for Monsanto [3] would you have wanted chemicals or materials known to [4] have toxic properties to be dumped or stored in soil or [5] ground-water? [6] MR. WALSH; Objection to the question as vague [7] and broad, lacks any specificity. [8] A. I don't see that what I would want or might [9] not want, I don't think it has any relevance. [10] BY MR. FLORIG: [11] Q. Well, Dr. Levinskas, you are not here to [12] determine what is relevant, you are here to answer [13] questions. And I would like you to answer the question [14] that I asked. [15] A. I have indicated that sodium chloride persists [16] in the environment. If we had sodium chloride and [17] somebody was going to throw it out on the ground for [18] melting snow or putting it into a pit, I don't think I [19] would have any objection to that. [20] Q. How about the same question for acrylonitrile? [21] A. My understanding of acrylonitrile is it's a [22] flammable substance and it's volatile. And to put Page 188 [1] liquid acrylonitrile in a pit would run serious risks [2] of fire, so forth. [3] I would, one would have to consider that [4] circumstance and a lot of other things before one could [5] make a comment on it. [6] Q. Putting aside fire, during the time you worked [7] for Monsanto would you have wanted acrylonitrile to be [8] dumped into soil or ground-water? [9] A. I would not want any untreated waste dumped [10] into water. [11] Q. That would include ground-water? [12] A. Yes. I would not want it dumped into water. [13] And as I have indicated, I don't know what the [14] regulations, whether they would permit open burning or [15] not, but I would not want a flammable liquid placed in [16] an open vessel or open areas where it could catch fire. [17] And in addition to which acrylonitrile has [18] acute toxicity, so I think before one could even [19] speculate on that one would have to know a variety of [20] tilings. [21] Q. rs it fair to say that during the time you [22L worked for Monsanto you would not want materials known Page 189 [1] to have acute toxicity dumped into soil or [2] ground-water? [3] A. I did not make that generalization. I [4] indicated that in response to your question on [5] acrylonitrile. [6] Q. Now I am asking a new question. [7] A. One would have to define "acute toxicity." [8] Q. Can you define "acute toxicity" for me? [9] A. I indicated, table salt in sufficiently high [10] doses can be acutely toxic. j [11] Q. Yes. [12] A. To man and animals. I would not have [13] objections to sodium chloride. Which is table salt, [14] being used either to melt ice or dumped into a pit. [15] Q. Acrylonitrile you would have problems with [16] because of its acute toxicity? [17] A. I have indicated its flammability, its acute Page 182 to Page 189 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068079 BSA Depo of; GEORGE J. LEVINSKA5 Monsanto v Aetna December 23, 1992 XMAX(5) [18] toxicity. And also it is a skin irritant. [19] Q. What would your answer be to that question if [20] the material involved were trichloroethene? [21] A. I think I would want to know how much, where, [22] why, alternates, alternate routes of disposal, and Page 190 [1] would hope that the individual or would remind the [2] individual that he should consider existing regulations [3] if any which might govern those actions. [4] Q. What would your answer be for dichloroethene? [5] A. Similar to the one I have just given. [6] Q. Trichloroethene has toxic properties, correct? [7] A. It has some manifestation of toxicity in [8] animals, yes. [9] Q. How about in humans? [10] A. I really have no direct knowledge of its [11] effect on humans. [12] Q. During the time that you worked for Monsanto, [13] would you have wanted chemicals or materials known to [14] have toxic properties to be disposed of in a manner [15] such that they could commingle with other chemicals and [16] materials known to have toxic properties? [17] A. There could be times when it might be [18] beneficial to mix wastes; there could be times when it [19] might be not desirable. [20] Q. If there were the potential that those wastes [21] in commingling would have more than a simply additive [22] effect, would you consider it to be good practice to Page 191 [1] dispose of those chemicals in a manner in which they [2] could commingle? [3] A. To have additive effects there would have to [4] be some finite concentrations of the chemicals that [5] would have to be exceeded. If the concentrations to [6] produce those effects were not exceeded it could be [7] permissible. [8] Q. When you say permissible, are you referring to [9] regulatory permission? [10] A. It could indude regulatory permission. It [11] may not have been the best term. As I indicate, it may [12] be practical, and it may also be permissible or legally [13] permissible. [14] Q. During the time you worked for Monsanto would [15] you have wanted chemicals or materials known to have [16] toxic properties to humans to be disposed of or stored [17] in such a way that they could migrate through soil or [18] ground-water? [19] A. Again, depending on the dose involved, just [20] about every chemical can show some toxidty to - and [21] so it's such a broad question that I don't think it's [22] capable of a single simple answer. Page 192 [1] Q. What if the quantity that was migrating [2] through the soil or the ground-water was unknown? [3] MR. WALSH: Let me note an objection to this [4] whole line of questioning as hypothetical and broad, [5] vague and abstract. [6] A. I guess I would have to break my response to [7] that into two parts. You know, in a once-upon-a-time [8] fashion, other than prohibitions on dumping into [9] flowing water streams, there was virtually no [10] consideration given by anybody, that indudes the [11] government regulation - government agencies, [12] individuals, about ground-water contamination. At that [13] time things were done in one manner. [14] At a later date when one became conscious of [15] the potential for ground-water contamination, [16] considerations were taken in that respect. [17] Again, it would take knowledge of a variety of [18] factors to determine whether or not such an action [19] might be considered as - well, whether such an action [20] might be considered. One would have to take a lot of [21] other material into consideration. f221 BY MR. FLORIG: Page 193 [1] Q. Do you know approximately what time the [2] dividing line came between when no consideration was [3] given to ground-water contamination and some [4] consideration was given to it? [5] A. I don't know that there was a definite time [6] line that I am aware of. It was like many other [7] things, a growing consciousness and increasing [8] awareness, it started somewhere and got to be much more [9] prominent. [10] But I can't really give you a timeframe in [11] which that developed. [12] Q, Can you give me an approximation? [13] A. In the general terms, I don't think I could [14] even begin to guess. There undoubtedly are people who [15] felt this was a problem earlier and there are people [16] who felt it was a problem later. Really, I am unable [17] to provide any information on that. [18] Q. How is it that you know that there was a time [19] when no consideration was given to ground-water [20] contamination? [21] A. As a youngster I grew up in the dty of [22] Hartford, we had the Hartford River running right Page 194 [1] through the capital grounds. There were a lot of [2] machine shops. And I can see the oily wastes still [3] comes out of the outfall pipes into that river which [4] fed directly into the Connecticut River. [5] When I came back out of the service much of [6] that had ceased. That is with respect to contamination [7] of free flowing water. [8] So since then it's gotten, one reads in the [9] newspaper about incidents of contamination or one [10] reads, hears anecdotes on the newspapers. And [11] somewhere along, as I say, consciousness has grown. [12] But I cannot put a timeframe on it. [13] Q. The period you referred to in Hartford was the [14] 1940s, correct? [15] A. It would have been the mid, late '30s. That [16] was as I say direct discharge into a flowing water [17] stream, which in tum led to another body of water [18] which ultimately went out to Long Island Sound. [19] Q. You have been familiar throughout your [20] professional career that liquids tend to soak into [21] soil, correct? [22] _____ A. I don't think I had thought of it in those Page 195 [1] terms. Certainly volatile liquids will evaporate. I [2] have not thought in terms of just how deep they would [3] soak in. [4] Q. Rain soaks into the ground unless it is [5] saturated, correct? [6] A. Much of it soaks into the ground; some of it [7] still evaporates. [8] Q- You have known that throughout your [9] professional career, correct? [10] A. I am not sure when I became conscious of it, [11] but I probably did. [12] Q. Could you go through for me the factors that [13] you ivould want to consider for deciding whether [14] disposal of toxic materials in soil or ground-water was [15] a reasonable method of disposing of them? [16] A. Since my own professional development and [17] experience has changed over the years and since [18] societal standards regarding the acceptability and [19] non-acceptability of such actions has changed, I think [20] it would be difficult to answer without some reference [21] to a specific timeframe. [22] __ Q. Let's start with the 1950s. Page 196 [1] A. Insofar as I can recall the 1950s, there were [2] waste pits, open lagoons and ground disposal was [3] probably used reasonably well by many people. I don't [4] recall anybody being overly concerned about how they [5] disposed of wastes. They would bum them, bury them or [6] disperse them. [7] Q. What would you want to know about the waste [8] and the location in which it was being disposed in the [9] 1950's? [10] A. I don't recall being asked any questions about [11] disposal of wastes in the 1950s. I doubt that I would [12] have given any thought to it. [13] Q. Would you have been totally indifferent to [14] what was being disposed? [15] A. I don't know what my reaction would be. I [16] don't think I was asked that question and I don't ACE-FEDERAL REPORTERS, INC 202-347-3700 Page 189 to Page 196 WATER PCB-SD0000068080 BSA Depo of: GEORGE I. LEVINSKAS Monsanto v Aetna December 23, 1992 XMAX(6) , [17] think, I didn't given it any thought. So I don't know [18] what my response would be. [19] Q. Were you interested in the 1950's in [20] protecting people from potential exposure to known [21] toxic materials? [22] MR. WALSH: Object. Page 197 [1] A. Yes. [2] MR. WALSH; I object to the question as vague. [3] Are you talking about in general, or him in particular? [4] MR. FLORIG: Him in particular. [5] MR. WALSH; All right. [6] A. I had that interest with respect to the [7] occupational work force, yes. [8] BY MR. FLORIG: [9] Q. Did you have that interest with regard to [10] those other than the occupational work force? [11] A. Prior to coming to Cyanamid in '58 when we [12] started dealing with pesticides, that would have a more [13] general potential exposure, I probably did not think [14] much beyond the occupational work force. I can't [15] recall, but I don't think it was a major or any [16] overriding concern of mine. [17] Q. Was that also true at Cyanamid and Monsanto? [18] A. No, I indicated when I came to Cyanamid and we [19] had pesticides, which had a broader population, [20] potential population exposure, then I began to think [21] more in terms of the user of the product. [22] ____ Q. And that is also true for your career at Page 198 pj Monsanto? [2] A. Over the years at Monsanto we have gotten more [3] concerned, I have gotten more concerned with the casual [4] contact with chemicals, yes. [5] Q. Throughout your career as a toxicologist [6] wouldn't you have always wanted to control the [7] potential for exposure of workers to chemicals and [8] materials known to have toxic properties to the [9] greatest extent possible? [10] A. I have not been in the control side of the [11] operation. I have indicated earlier that my function [12] is to develop testing procedures or undertake tests to [13] develop information to evaluate the information and to [14] pass it on to those who would be dealing with controls, [15] recommendations and suggestions as to the significance [16] of that data and what might be done with it. [17] Q. One of the primary reasons that your [18] profession was needed within industry was so that [19] others could control potential exposure to workers, is [20] that true? [21] A. I don't see a connection between the two, in [22] the sense that you did it. Page 199 [1] I have indicated that the toxicologist is [2] responsible for the development and evaluation of the [3] data. The overall protection of the workers is a [4] multi-faceted operation which includes among mundane [5] things of giving physicals to people which we do not [6] indulge in. So there are many people involved in the [7] operation. [8] Q. And their primary goal was to protect workers [9] from potential exposure, those groups working in [10] unison, correct? [11] A. I think I indicated in yesterday's testimony, [12] it's the - my interpretation is that we would prefer [13] not to expose people, or we do not expose people in [14] that sense. [15] But we recognize that in using, working with [16] chemicals, people will be exposed. So it is to make a [17] determination or an estimation as to whether the [18] exposures are likely to be harmful or not to the [19] individuals. [20] Q. In making that evaluation you want to know [21] what the potential exposures are? [22] ____ A. That would be an element to consider, yes. Page 200 [1] Q. If the acute and chronic exposures to workers [2] were unknown, would that be of concern to the groups [3] ivorking together to foster employee safety? ' [4] A. There undoubtedly are many chemicals to which [5] people are exposed that the degree of exposure to which [6] is unknown. [7] One would, in many cases one is not able to [8] measure exposure, so one, in addition to operating [9] practices and protective equipment, attempts to [10] minimize exposure. [11] MR. FLORIG: Why don't we take a short break. [12] (Recess.) [13] MR. FLORIG: Backon the record. [14] BY MR. FLORIG: [15] Q. Dr. Levinskas, let me ask you about some [16] classes of chemicals and see what you know about them. [17] Are you familiar with a cites of chemicals [18] known as chlorinated hydrocarbons? [19] A. I have some knowledge of those. [20] Q. What exactly are chbrinated hydrocarbons? [21] A. A hydrocarbon is a chemical that contains [22] basically hydrogen and carbon. There are varieties of Page 201 [1] them, large numbers of them. [2] In some cases the hydrogens can be replaced by [3] chlorenes, in that case you would have a chlorinated [4] hydrocarbon. [5] Q. Do chlorinated hydrocarbons have any toxic [6] properties, or is it dependent on the individual [7] hydrocarbon? [8] A. I think I have indicated every chemical under [9] some conditions at some dose level will have a toxic [10] effect. [11] Q. Right. What are some of the toxic effects of [12] chlorinated hydrocarbons? [13] A. One would have to be more specific. They can [14] be, chlorinated hydrocarbons can be liquids or solids [15] or gasses. [16] Q. Do each of those have their own distinct toxic [17] effects? [18] A. Since there is a great variety of chemicals in [19] that category, different members have different [20] toxicity effects, not necessarily related to the [21] physical state alone. [22] __ Q. Let me ask you about vinyl chloride. Was Page 202 [1] vinyl chloride known to have some toxic effects on [2] humans back in the 195ffs? [3] A. My recollection is that at one time vinyl [4] chloride was considered for use as an anesthetic gas, [5] among other things. And it was not used because it did [6] have an adverse effect on people that you would try to [7] use it for an anesthetic. [8] So I would say, yes, it's known to have toxic [9] effects. [10] Q. That was known back in the 1950's? [11] A. I can't be sure. I don't recall just when I [12] picked that information up. [13] Q. Do you recall if vinyl chloride is also a skin [14] or eye irritant? [15] A. I have not worked with vinyl chloride. I do [16] not recall the precautionary labeling on it, but it may [17] be, I do not know. [18] Q. That would be a chemical that was commonly [19] referred to in those texts we talked about earlier and [20] periodicals? [21] A. After it got to be a substantial, or an [22] article of commerce more than a curiosity, I am sure it Page 203 [1] would be included in those texts. ' [2] Q. Is benzene known to have some toxic effects on [3] humans? [4] A. Yes. [5] Q. Was it known to have toxic effects back in the [6] 1940s and 50's? [7] A. I don't know how fat back that information has [8] been known. [9] Q. Again, benzene would be something that is [10] referred to in the literature and in the texts and [11] references we talkedabout, correct? [12] A. Commonly referred to, yes. [13] Q- Do you recoil what the toxic effects of [14] benzene are? [15] MR. WALSH: Can you specify a timeframe. Page 196 to Page 203 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068081 BSADepo of: GEORGE I. LEVINSKAS Monsanto v Aetna December 23, 1992XMAX(7) [16] because that might be important. [17] MR. FLORIG: Now. [18] MR. WALSH:I am sorry? [19] MR. FLORIG: Now. [20] MR. WALSH: Now, okay. [21] A. The most significant effect of benzene in my [22] opinion is that high level exposures will produce_______ Page 204 [1] destruction of the bone marrow, and that that has been [2] the significant health effect that people have [3] monitored for. [4] Just casual reading of the literature, there [5] are some questions that have been raised as to whether [6] or not benzene might produce cancer in animals, and [7] people are beginning to consider benzene as a [8] carcinogen based on human data which is being highly [9] debated. [10] Q. At least within animals benzene has been [11] associated in some studies with leukemia, correct? [12] A. My recollection is that there are some mouse [13] studies suggestive of leukemia. The quality of the [14] evidence is in dispute among scientists. [15] Q. Back in the 1950's was benzene known to be a [16] skin irritant or an eye irritant? [17] A. Benzene is a solvent, it would be an eye and [18] skin irritant. [19] Q. That would haoe been known back then? [20] A. Yes. [21] Q. Has it also been associated with respiratory [22J problems?___________________________________ ^__________ Page 205 [1] A. It's a volatile liquid, in high enough [2] concentrations it could cause respiratory distress. [3] Q. Let me go bade to a couple of the chemicals l [4] mentioned a little while ago. Trichloroethene, is that [5] material known to have toxic effects on humans? [6] A. I am not overly familiar with the toxicology [7] of trichlorethene. I do not, cannot specifically [8] recall what effects it might have on humans. [9] Q. That is part of a class of chlorinated [10] solvents? [11] A. It is a chlorinated hydrocarbon and a liquid, [12] yes. [13] Q. Is dichloroethene known to haoe any toxic [14] effects on humans? [15] A. I would give a similar answer, I have not [16] worked with dichloroethane - [17] Q. "Ethene." [18] A. "Ethene." I am not familiar with what effects [19] it might have on humans. ' [20] Q. That again is achlorinated solvent? [21] A. Yes. [22] __ Q. Is trichloroethane known to haoe toxic effects Page 206 [1] on humans? [2] A. I think trichlorethane was introduced as a [3] substitute for carbon tetrachloride. Carbon [4] tetrachloride does have liver effects in people and the [5] expectation was that trichloroethane would be less [6] harmful with respect to the liver [7] Q. Are you familiar with what the toxic [8] properties of trichloroethane are? [9] A. I could not recite them in any great detail, [10] other than a very generalized knowledge of solvents. [11] Q. Do you know if the expectation regarding [12] trichloroethane was proven to be correct, that it would [13] be less toxic? [14] A. I have no basis for commenting on it. [15] Q. Again, that is a chlorinated solvent? [16] A. Yes. [17] Q. Do you know what the toxic effects onhumans [18] are of dichloroethane, also known I believe as ethylene [19] dichloride? [20] A. I do recall that ethylene dichloride has been [21] used as a local anesthetic from my pharmacology [22] studies. Beyond that I really don't have specific Page 207 [1] knowledge on the compound other than the general ' [2] knowledge of chlorinated hydrocarbons. [3] Q. Ethylene dichloride was known, then, to haoe [4] some toxic effect on humans in the 1940s or early [5] 1950's? [6] MR. WALSH: Objection to form, misstatement of [7] the testimony, if that is what you are purporting to [8] do. [9] A. My recollection of ethylene dichloride is, [10] when we studied about it in graduate school, is that if [11] a stream is directed on to a local site, local tissue, [12] and held there, it will evaporate so quickly that it [13] will actually freeze the tissue. So that with respect [14] to freezing of tissue, if that can be considered a [15] toxic effect I would say yes, that was known certainly [16] in the 1950's. [17] BY MR. FLORIG: [18] Q. Do you know if any other toxic effects were [19] known at that time? [20] A. As I indicated in my earlier answer, that is [21] my specific recollection on ethylene dichloride, and I [22] don't recall anything beyond general knowledge of Page 208 [1] organic solvents. [2] Q. Are you familiar toith aluminum chloride? [3] A. I have heard of the chemical, yes. [4] Q. Do you know if there are any toxic properties [5] associated toith aluminum chloride? [6] A. My recollection is aluminum chloride is an [7] astringent. It's the material that appears on the [8] styptic pencils you use when you cut yourself to stop [9] bleeding. I would say my knowledge is probably limited [10] to that fact. [11] Q. Do you know of any toxic properties to humans [12] associated with calcium formate? [13] A. No. [14] Q. Does that mean no, you are not familiar, or [15] no [16] A. I have no knowledge of such. [17] Q. Are you aware of any toxic properties [18] associated with chlorobenzene? [19] A. In general terms, chlorobenzene would be [20] comparable, in short-term effects, to benzene. [21] Q. What about long-term effects? [22] _____A. I don't have a basis for making a comparison. Page 209 [1] Q. Would the short-term effects of chlorobenzene [2] have been known to some degree back in the 1940s and [3] 50's? [4] A. I don't know when that information was [5] developed. [6] Q. When did you become aware of it? [7] A. Probably general reading on review articles [8] somewhere along the line, but I can't comment for sure. [9] Q. Do you recall if that was at the University of [10] Pittsburgh or American Cyanamid? [11] A. I am unable to state when. [12] Q. Are you mare of any toxic effects to humans [13] associated toith hydrogen cyanide? This should be a [14] simple one. [15] A. Yes. [16] Q. What do you know about the toxic effects of [17] hydrogen cyanide? [18] A. Cyanide is a characteristic poison in most [19] detective stories, prussic add. It interferes with [20] the oxygen carrying capabilities -- [21] I take that back. It interferes with the [22] utilization of oxygen by tissues and, therefore, can Page 210 [1] cause death in high enough doses. [2] Q. Those toxic effects have been known for a [3] long, long time, correct? [4] MR. WALSH: Objection to form, in particular, [5] "a long, long time." [6] A. I don't know specifically when that [7] information was developed, but it has been used when I [8] was in graduate school, it's been used as an example. [9] So it certainly was known to the late '40s, or by the [10] late '40s. [11] BY MR. FLORIG: [12] Q. Would you give the same answer for [13] dichlombenzene as you gave for chlorobenzene? [14] A. In a qualitative sense, yes. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 203 to Page 210 WATER PCB-SD0000068082 BSA Depo of: GEORGE I. LEVINSKAS Monsanto v Aetna December 23, 1992 XMAX(8) [15] Q. What do you mean by, "qualitative sense"? [16] A. In general they should be similar, the amounts [17] required to produce the effects may be somewhat [18] different. [19] Q. Would they be higher or lower for [20] didtlorobenzene? [21] A. I really can't say, I don't know. [22] ____ Q. Are you familiar with any toxic properties to__________ Page 211 [1] humans associated with ethyl benzene? [2] A. No, I have no specific knowledge <:n toxicity [3] in humans. [4] Q. Are you familiar with any toxic properties to [5] humans associated with hexachlorobenzene? [6] A. Yes. [7] Q. What are those toxic effects? [8] A. Hexachloiphene [9] Q. Hexachlorobenzene. [10] A. I am sorry. I have no knowledge of [11] hexachlorobenzene in humans. [12] Q. Are you aware of any toxic effects in humans [13] associated with hexane? [14] A. No specific knowledge, just to general [15] hydrocarbon solvent effects. [16] Q. What are those general effects? [17] A. Like most volatile solvents, high doses can [18] produce some narcosis. [19] Q. All right. [20] A. They have a defatting action on skin. In [21] prolonged or continuous contact it will cause skin [22] irritation, will be irritating to the eye. High____________ Page 212 [1] concentrations can lead to, inhaled, can lead to [2] respiratory distress. [3] Q. Is that true for most volatile hydrocarbons, [4] those kinds of effects you just mentioned? [5] A. To some degree this may be true for all of [6] them. They may vary quantitatively in the amounts [7] required, severity of effects that are produced. [8] Q. Okay. Have they been known to have those [9] properties since the 1940s and the 195ffs? [10] A. Again, I really am not able to say with any [11] reliability when those, when that information was [12] known. [13] Q. Again, those are the kinds of chemicals that [14] we would see referenced in the literature we have [15] talked about over the last day and a half? [16] A. Several, maybe all of them would appear in [17] those references, yes. [18] Q. Are you aware of any toxic effects on humans [19] of lead? [20] A. Yes. [21] Q. What are those toxic effects? [22] ____ A. So-called plumbism, the most characteristic of Page 213 [1] which is the lead painter's colic, lead to some degree [2] enterchanges with calcium, can be posited in the bone [3] and can be detected by x-rays. [4] In more recent years there has been increasing [5] concern about the effects on lead, of lead on the [6] development of youngsters, though again I might add [7] that is subject to some controversy within the [8] scientific community. [9] Q. When were any of the toxic effects of lead [10] that you just mentioned first known? [11] A. Again, I cannot say, but it probably is one of [12] the earnest recognized industrial poisons. [13] Q As an aside, several of the books I have seen [14] referenced in the documents, or the early books refer [15] to "industrial poisons." Was that common terminology [16] back then, as opposed to talks mstances or toxicity [17] nowadays? [18] A. I have seen some older texts that refer to [19] industrial poisons, but I don't know how widespread or [20] acceptable that terminology was. [21] Q. All right. Are you aware of any toxic effects [22] in humans associated with mercury?_________________________ Page 214 [1] A. Yes. [2] Q. What are those toxic effects? [3] A. In high doses mercury will produce visual [4] disturbances in people, mental disturbances. It can [5] produce a flushing of the skin. I guess those are the [6] prominent features. [7] Q. Were those toxic effects known back in the [8] 1950's? [9] A. The earliest that I can recall reading about [10] those was in 1700. [11] Q. 1700? [12] A. Yes. [13] Q. That wasbefore the 1950's. [14] Is mercurytoxic to humans through the three [15] main pathways mto the body that we talked about [16] yesterday? [17] A. The primary hazard that I recall - the [18] primary route with the hazardous exposure that I recall [19] is inhalation of mercury vapor. Absorptions through [20] the skin or through the gut, if one swallowed mercury, [21] would probably be so minimal that little if any effects [22] would be obsenred. Page 215 [1] Q- Do you recall an incident involving mercury [2] contamination of seawater in Japan in the 1900s? [3] A. I have read something about it. [4] Q. Do you recall what that incident was about? [5] A. There apparently was some waste mercury dumped [6] into a bay, the metallic mercury, which apparently was [7] thought to be inert, was modified by some aquatic [8] organisms to produce so-called methyl mercury. [9] And because of a change in characteristics [10] that mercury was taken up by sea life and in turn [11] ingested by people. And the people developed signs of [12] mercurial poisoning. [13] Q. That incident was widely discussed in the [14] scientific literature back then, wasn't it? [15] MR. WALSH: Object to the form, calls for [16] speculation. [17] A. As I have indicated, I have read about it. [18] There were several papers published on it. [19] BY MR. FLORIG: [20] Q. In that case the exposure to humans was [21] through ingestion, correct? [22] A. Yes. Page 216 [1] Q. Are you aware of any toxic effects associated [2] with muriatic acid? [3] A. My recollection, well, my recollection is [4] muriatic add is hydrochloric add, and that would be [5] corrosive in high strength and an irritant at lower [6] strengths. [7] Q. All right. Corrosive to skin, among other [8] things? [9] A. Skin and eye corrosives and inanimate [10] surfaces. [11] Q- Do you recall if there were any toxic effects [12] associated with inhalation of muriatic add fumes? [13] A. I do not recall specific data, but since it is [14] an irritant, high concentrations of fumes would produce [15] respiratory tract irritation. [16] Q. Those effects would have been known back in [17] the 1940s and '50s? [18] A. Again, I don't know when they were developed. [19] Currently it's certainly well established. [20] Q. That is the kind of common industrial material [21] you would expect to see referenced in the literature we [221 have been tailring about?; Page 217 [1] A. That would be, in the earlier literature that [2] would be the kind of information one would see, yes. [3] Q- Are you aware of any toxic effects on humans [4] associated with naphthalene? [5] A. Again I have no specific knowledge of [6] naphthalene. [7] Q. How about naptha? [8] A. Other than generalized knowledge, I have no [9] specific knowledge of the subject. [10] Q. Very briefly, what is the generalized [11] knowledge that you have? [12] A. Naptha as I recall is a hydrocarbon fraction, [13] it's a mixture of things. It's probably somewhat Page 210 to Page 217 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068083 BSA Depo ok GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 XMAX(9) [14] similar to gasoline but a little more volatile. [15] Q. Is it a volatile hydrocarbon? [16] A. I have indicated it's a mixture of materials [17] which would be hydrocarbons. [18] Q. Are you aware of any toxic effects on humans [19] associated with nitrobenzene? [20] A. No specific knowledge on that subject. [21] Q. How about phenanthrene? [22] ______ A. Same answer, no specific knowledge. Page 218 [1] Q. Are you aware of any toxic effects on humans [2] associated with phenol? [3] A. Yes. [4] Q. What are those effects? [5] A. Phenol has been used as a disinfectant in many [6] cases. It is, goes by the common name of caibolic [7] add. It was one of the earliest regulated poisons [8] under the Federal Caustic Poisons Act as being [9] corrosive and, as I recall from my reading, can be [10] absorbed through skin and cause serious injuries in [11] people. [12] Q. Those effects were referenced in the 1940s or [13] '50s in the literature? [14] A. Again, I don't know whether they were [15] spedfically first described, but they probably were at [16] that time. [17] Q. Next is a subject I know is near and dear to [18] your heart, polychlorinated biphenyls. [19] A. I have read quite a bit on polychlorinated [20] biphenyls. [21] Q. Are you aware of any toxic effects associated [22] with PCBs?_______________ Page 219 [1] A. Yes, like other chlorinated hydrocarbons in [2] adequately high doses they would produce liver damage [3] in animals. [4] Q. How about in humans? [5] A. There is some early literature in the '20s, [6] '30s, perhaps '40s, make it '30s and '40s probably, [7] that is confusing because there may or may not have [8] been polychlorinated biphenyls involved. But there [9] were also chlorinated naphthalenes involved. So the [10] literature is confusing with respect to whether or not [11] these produced liver injury in humans. [12] Q. Are you aware of any toxic effects on humans [13] of toluene? [14] A. The only effect that comes to mind is fairly [15] recent information that glue sniffers use toluene, and [16] that this can produce mental, nervous system damage. [17] Beyond that, only generalized knowledge of hydrocarbon [18] solvents. [19] Q. Is it a volatile? [20] A. It's fairly volatile, yes. [21] Q. Are you aware of any toxic effects on humans [22] of trichlorobenzene1 Page 220 [1] A. I guess I would respond similar to what has [2] been said earlier on mono and dichlorobenzene. In some [3] respects it would be qualitatively similar to benzene, [4] but I don't have specific knowledge. [5] Q. You don't know whether the toxic level would [6] be higher or lower? [7] A. I do not. [8] Q. Are you aware of any toxic effects on humans [9] of trichloroethylene? [10] A. I have no direct specific knowledge on that [11] subject. [12] Q. Finally, xylene. [13] A. Xylene is somewhat similar to toluene. I am [14] not aware that it's been used by glue sniffers. Other [15] than generalized knowledge of organic hydrocarbon [16] solvents, I have no specific knowledge. [17] Q. Is that also a volatile? [18] A. Yes, it is. [19] Q. Throughout your career as a toxicologist and [20] working in conjunction with industrial hygienists and [21] medical personnel, is it fair to say that if a material [22] had known toxic effects on humans that you would not__________ Page 221 [1] want humans to be potentially exposed to that material [2] in uncertain or uncontrolled concentrations? [3] A. I think I have indicated before, it is not the [4] intention to expose people. But one recognizes that [5] people will be exposed if the chemical is around. [6] Therefore, efforts are made to bring together what [7] information is available, including practices, [8] protective equipment and so forth, to minimize the [9] exposure of the individuals involved. [10] Q. Throughout your career that has simply been a [11] matter of good industrial safety practice, correct? [12] A. After I left the university, throughout my [13] industrial career I have been a member of the Medical [14] Department. And I have looked upon my efforts as [15] contributing part of the information that goes into [16] this generalized goal that I just enunciated. [17] MR. FLORIG: Let's take a two-minute break. [18] (Recess.) [19] MR. FLORIG: Back on. [20] BY MR. FLORIG: [21] Q. 1 really have just a couple, maybe one brief [22] _ question. That is, yesterday I asked you about_____________ Page 222 [1] translating the results of animal toxicity tests to [2] humans. Do you recall that? [3] A. Yes. [4] Q. And one of the things you do in making that [5] translation is to assume that the human is at least as [6] susceptible as the most susceptible animal? [7] A. With respecttomammalian toxicity and [8] estimation of effects on humans, you take the worst [9] case scenario. You say man could be at least as [10] sensitive as the most sensitive species that has been [11] studied. [12] MR. FLORIG: Dr.Levinskas, thank you. That [13] is all I have for right now. [14] BY MS. SANDBECK: [15] Q. Dr. Levinskas, my name is Marilyn Sandbeck and [16] I represent the Travelers Indemnity Company in this [17] action. I have just a few follow-up questions. [18] 18 [19] Early on in your testimony yesterday you had [20] given us a definition you have of "toxic," and then [21] some time later you drew a distinction between toxicity [22] and irritant effects.______________________________________ Page 223 [1] A. Yes. [2] Q. A question was then asked whether an eye [3] irritant was a toxic effect in your view, and I don't W believe we ever got a clear answer to that. [5] A. I would regard eye irritation as certainly a [6] toxic effect. I was thinking more in terms of skin [7] irritation. Unless there is some manifestation of [8] systemic toxicity, I think of that as being a little [9] bit different. [10] For instance, reddening of the skin, or even a [11] mild swelling of the skin, I don't equate with the same [12] concern as a toxic effect in the sense of something [13] choking you or likely to face death. So I would make [14] that sort of distinction between them. [15] Q. It seems then that you have two working [16] definitions of toxic. The first one you said was any [17] adverse effect, and now if I understand you correctly, [18] you are equating it with risk of death? [19] A. No. I guess I would stand by my original [20] definition of toxic effect, but in terms of seriousness [21] or potential for, quote, marked harm, I think that [22] minor skin irritations would be certainly of very________ Page 224 [1] little concern to me. [2] Q. So the distinction is between levels of [3] concern? [4] A. I guess it's not my distinctions of level of [5] concern, I would point out there are some things which [6] I think are relatively trivial, and I would put minor [7] skin irritations, while I would concede they are toxic [8] effects, they would be of relatively little concern. [9] Q. But they all are within your definition of [10] "toxic"? [11] A. They would be within my definition of "toxic", [12] yes. ACE-FEDERAL REPORTERS, INC 202-347-3700 Page 217 to Page 224 WATER PCB-SD0000068084 BSA Depo of; GEORGE I. LEVTNSKAS Monsanto v Aetna December 23, 1992 XMAXHO) [13] Q. Mr. Forig also asked you about the three major [14] pathways to the body, absorption, inhalation and [15] ingestion. [16] A. Yes. [17] Q. And you included injection as another possible [18] pathway? [19] A. That's correct. [20] Q. Then you also mentioned that eyes, for [21] example, might be another pathway. And I am wondering [22] if that would not just be a subset of absorption. Page 225 [1] A. Insofar as the chemical gets into the body to [2] produce an effect, that is the absorption process. [3] Q. All right. [4] A. There are, in my experience there have been [5] two or three instances, there particularly comes out of [6] working with military chemicals, where a chemical in [7] the eye has killed, just a small amount of chemical, [8] has killed a rabbit. And I don't think that people [9] normally think of that. It's admittedly a very [10] exceptional circumstance. [11] And since the eye is bathed in a fluid as [12] distinct from skin, I would make that as sort of a [13] subdivision, if you will, of surface absorption. [14] Q. All right. [15] A. So there are some substeps under those three [16] general categories. [17] Q. Do you remember what that chemical was that [18] killed the rabbit? [19] A. I really don't recall the name of it at this [20] time. It was many years ago. [21] Q. I take it that is uncommon, the effect of the [22] rabbit dying -__________________ Page 226 [1] A. I have only seen it two or three times, and I [2] have probably looked at or been told of thousands of [3] eye tests. [4] Q. Also in yesterday's testimony you discussed a [5] study on acrylonitrile, and I believe the use for that [6] acrylonitrile was going to be a bottle, some sort of [7] A. A beverage container. [8] Q. Beverage container. [9] A. Component of a beverage container, yes. [10] Q. Is that the same as the Lopac? [11] A. That was the trade name for the container, was [12] Lopac, yes. [13] Q. And I believe you said that that bottle was [14] actually marketed by Monsanto? [15] A. It's my recollection it was in a test market [16] in two or three cities in the United States. It was [17] done with the concurrence of the FDA. I do not recall [18] the nature, whether it was a test permit or food [19] additive regulation or whatever. Whatever the nature [20] of the, quote, approval, end of quote, by the FDA, but [21] it was done with their knowledge and concurrence. [22] ____ Q. And then was that bottle subsequently Page 227 [1] withdrawn from the market? [2] A. Yes, when the question arose about the [3] carcinogenicity about acrylonitrile, it was withdrawn, [4] I would almost say summarily, but I am not positive how [5] that went by. [6] Q. Do you know if it was as a residt of federal [7] regulatory action? [8] A. I do not know what, that is, I don't know the [9] specific steps involved, but it ceased to be a project [10] and a product at that time. [11] Q. Do you know if Coca Cola ever considered use [12] of that particular bottle? [13] A. Coca Cola was a user of this bottle, yes. [14] Q. They did actually use it? [15] A. Yes. [16] Q. For how long of atime? [17] A. I cannot recall. [18] Q. Do you remember what time period it was that [19] it was on the market, just approximately? [20] A. Again, I would say around the middle '70s. [21] Q. Yesterday you were asked some questions about [22] your role in the analysis of waste streams, and I was Page 228 [1] left somewhat confused by the testimony. So if we [2] could go bade to that, there are several aspects of it [3] I think, and perhaps that is where my confusion lies. [4] First of all, did you ever run any sort cf [5] tests, or direct someone else to, on the toxicity of [6] any waste streams from any of Monsanto's processes? [7] MR. WALSH: Objection as asked and answered. [8] You can respond again. [9] A. My recollection of my answer is that I [10] indicated we may have done some short-term testing of [11] waste streams or waste products, I cannot specifically [12] recall having such tests done. But since we do very [13] many short-term tests, it is conceivable that we did [14] some of it, but I cannot say without check the records. [15] I do not recall any. [16] BY MS. SANDBECK: [17] Q. All right. Now are you, this is where I am [18] confused, are you assuming they were short-term just [19] because you don't specifically remember doing them? [20] A. Yes, that would be my basis. We do a lot of [21] things, short-term testing. Arid unless there is a [22] reason for them to stick in my memory, I just do not Page 229 [1] recall many of them, most of them. [2] Q. If there were a long-term test you would [3] remember it? [4] A. I would say that if there were long-term [5] studies such as those we discussed on acrylonitrile, [6] there is a much better chance I would remember them. I [7] may have forgotten some long-term studies. [8] Q. Apart from the obvious definitions of long and [9] short, is there any distinction you can draw for me [10] between a short-term study and a long-term study? [11] A. Well, the purposes are a little bit different. [12] As I have indicated, the longer term studies generally [13] are in larger numbers of test organisms. The exposure [14] conditions are usually less severe, and they are [15] designed to determined if there would be some aspects [16] of toxicity detected which had not been detected in the [17] shorter term studies. So it's a series of progressive [18] steps, if you will. [19] Q. If you will look at Exhibit 1, which is your [20] resume, on page 3. [21] A. Okay. [22] ____ & Mr. Forig had asked you about the second Page 230 [1] paragraph, first sentence, where it states that you [2] "determined the need for, plans, monitors and evaluates [3] all toxicity testing for the company." And then later [4] on it also says, 1 think it's one sentence down, [5] "Responsible for environmental assessment of all new [6] products and new uses of existing products in the [7] company." [8] First of all, is that entire pamgmph [9] accurate? [10] A. It was intended to be accurate, and I would so [11] state that it is. [12] Q. If this is accurate I would assume, then, that [13] if any toxicity testing was done for Monsanto during [14] the time that you toere in that position, you would have [15] at least been aware of it, is that correct? [16] A. The way the phrase is made and the context in [17] which I wrote that and which I would, from my [18] understanding, my associates, they would read it, we [19] ate talking about mammalian toxicity. [20] So that when I say that directed and' [21] supervised testing, that is what we were supposed to be [22] doing for the company. And that is referring to Page 231 [1] mammalian testing. I think I indicated elsewhere that [2] I was not aware that there was testing outside our [3] group. [4] We come to the second portion of environmental [5] assessment. And I indicated several times that new [6] products or new uses of existing products were to be [7] formalized and centralized in the Medical Department, [8] we would look at and use whatever information there was [9] in coming to a conclusion. [10] Now there could be, if one wanted to use the [11] term, toxidty testing of aquatic organisms or other Page 224 to Page 231 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068085 BSA Depo of: GEORGB [. LEVINSKA5 Monsanto v Aetna December 23, 1992 XMAX(ll) [12] environmental fate effects, that could be done [13] elsewhere in the company. I don't think it necessarily [14] is contradictory to what is stated here. [15] Q. In the context of this paragraph what is the [16] meaning of "environmental"? [17] A. Well, that ties in with the environmental [18] assessment, as I have indicated that we were to look at [19] new products and new uses of existing products and try [20] to anticipate the kinds of questions that might arise [21] if the product were commercialized and to review, make [22] recommendations and undertake testing to provide Page 232 [1] information to respond to those questions that were [2] deemed, we might be responding to. [3] Q. Does the term "environment" here, or is this [4] term limited to the workplace environment? [5] MR. WALSH: I am sorry to interrupt. Which [6] environment are you referring to? [7] Thank you. [8] A. No, I think I have indicated repeatedly that [9] when we talk about environmental assessment of products [10] we talk about products, new products, existing, new [11] products and use of existing products and that we were [12] going to consider their manufacture, their use and [13] their ultimate fate or disposal in deciding what it is [14] that we should be doing. [15] BY MS. SANDBECK: [16] Q. In your position as director of environmental [17] assessment and toxicology were you ever consulted by [18] anyone at Monsanto about the toxicity of any of their [19] waste streams? [20] A. I guess my answer would be similar to what I [21] have said about toxidty testing. Over the years I [22] have been asked many questions. I do not have specific Page 233 [1] recollection of a question or a response whether it was [2] made or whether it was not made. I just do not have a [3] recollection of such. [4] Q. Was there any standard procedure in place by [5] which the toxicity of a waste stream would come to your [6] attention? [7] A. Are you asking within Monsanto, or just what? [8] Q. Yes, toithin Monsanto ivas there a standard [9] procedure in place for your review of waste streams? [10] A. I can only respond by saying that this [11] environmental assessment procedure which dealt with new [12] products and uses of products were to be brought to the [13] attention of the medical director, and I as his [14] surrogate would look at them, many of them. What other [15] procedures may have been I do not have any knowledge [16] of. [17] Q. Well, within that context, the review that you [18] just mentioned, would that include waste streams? [19] A. If there was a, I think I indicated in [20] yesterday's testimony, if there was a new process which [21] could entail new waste streams, that would be subject [22] to a loss and personal property or property protection Page 234 [1] review and ultimately be reviewed by other people. [2] 1 really am not aware of any, quote, SOPs. I [3] came to the company to start centralizing and working [4] on the environmental assessment procedure. This was [5] the funnel through which information was brought to my [6] attention. I have no basis for judging whether [7] everything was brought to my attention. And I have no [8] knowledge of alternate routes by which information [9] would flow. [10] But all I can say is if it was brought to my [11] attention, I would evaluate it and see its utility for [12] the purposes that I was suppose to deal with it. [13] Q. For value and utility are you talking about [14] the end product, itself? [15] A. The -- our initial efforts, my initial efforts [16] were directed at new products and new uses of existing [17] products, and that is what I am referring to. [18] Q. Yesterday you mentioned that Monsanto had [19] always had an extensive and excellent, I am sorry, you [20] said that Monsanto always had extensive and excellent ' [21] analytical capabilities. You also mentioned using B2] their library to get information for your own studies. Page 235 [1] A. Yes. [2] Q. Did you consider their information resources [3] also to be extensive and excellent? [4] A. I don't think I made an evaluation of them. [5] They had been in operation for many years, I guess, [6] they were certainly when I got there. When I visited [7] the facilities physically, there was literally endless [8] rows almost it seemed of journals and monographs of all [9] sorts of descriptions. [10] There were several people, of course, I got to [11] know the manager of the section quite well, but there [12] were several people whose primary job was to do [13] literature searches, and I just decided to avail myself [14] of it. I don't think I gave it a conscious thought or [15] any doubt, any reason to doubt it. [16] Q. Were you pleased with the results that you got [17] from the person that you went to to get information? [18] A. More than pleased. [19] Q. The information you got was sufficient in [20] quantity and timeliness? [21] A. Yes. [2?]____ Q. You mentioned that part of your Page 236 [1] responsibilities at Monsanto, I am not sure in what [2] position you were in this regard, but you mentioned [3] that part of your responsibilities included helping [4] regulatory agencies to set standards? [5] A. That has been done on occasion, yes. [6] Q. Specifically, which standards tvere you [7] involved with as far as helping to set regulatory [8] standards? [9] A. The one that was most significant probably was [10] when the Environmental Protection Agency was looking at [11] setting testing standards for chemicals. There were [12] several symposia or meetings held in Washington under [13] the auspices of the Conservation Foundation. There [14] were representatives from industry, academia, public [15] interest groups. [16] We met in a series of workshops to see to what [17] extent we could agree and what recommendations we could [18] make to the administrator of the EPA for testing of new [19] chemicals, what sort of testing procedures and the [20] rationale for them, with the desired goal of limiting [21] the amount of debate which might take place between [22] these groups on proposed regulations and going to the Page 237 [1] administrator with a set of regulations that were [2] agreed upon and that could be implemented rather [3] quickly. [4] So that was the one that I would say is most [5] memorable, in that area. [6] Q. Did that pertain to a particular class of [7] chemicab? [8] A. This was just new chemicals in the broadest [9] sense, without specific details as to which chemical. [10] Q. Were you there as a representative of [U] Monsanto, alone, as opposed to the industry? [12] A. I am not sure. I was elected, or I was [13] designated as a Monsanto representative. Whether an [14] industry group or somebody else made that suggestion to [15] somebody else, I don't know. [16] But the impression I had was that I was [17] representing industry in general, not Monsanto [18] specifically, but I was an industry representative who [19] happened to be an employee of Monsanto. [20] Q. Do you remember any other standards that you [21] offered assistance in providing new limits? [22] ____ A. Most, as you well know, most of the proposed Page 238 [1] regulations are published in the Federal Register and [2] comment is solicited from various sources. I have on [3] several occasions, or on some occasions I should say, [4] not several, been asked to provide input and I have [5] made comments. [6] One specific one that comes to mind was they [7] had an arsenic expander in their document, they dted, [8] it was an arsenic compound, not just simple arsenic, it [9] was a rather complicated arsenic compound. [10] And in their published proposed regulation ACE-FEDERAL REPORTERS, INC 202-347-3700 Page 231 to Page 238 WATER PCB-SD0000068086 BSA Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 XMAX(12), [11] they made reference to the, quote, extreme toxicity, [12] "extreme" is my word, which did not look right to me. [13] So I checked the reference that they had and found that [14] they had transposed gram, the abbreviation gm., and [15] printed it as mg., milligram, which indicated that the [16] toxidty was a thousand times greater than reported in [17] the literature. [18] I just dte that for two reasons. One is that [19] that is the sort of example of some of the things that [20] I have done. And also there is a difficulty when [21] people collect and cull information. Unless they are [22] careful, there can be errors in the transcription. Page 239 [1] But most of the others, not most, all of the [2] others were in response to regulations where if I was [3] asked I would have made comments or offered my area, [4] comments in my area of expertise and they would have [5] been incorporated into a more generalized Monsanto [6] response. [7] Q. Who would have asked you to make that [8] response? [9] A. It would have been just about anybody. Could [10] have been fellow members of the Medical Department, it [11] could have been people who had a product or an interest [12] in the product. It could have come from any one of [13] several sources. [14] Q. Do you remember any of the specific chemicals [15] that these recommendations might have dealt with in [16] addition to the arsenic and [17] A. I really do not. They did not involve that [18] much effort on my part, so they don't really stick in [19] my memory. [20] Q. You mentioned that some of the people who [21] might have asked you to respond were those who had an [22] _ interest in the product? Page 240 [1] A. Yes. [2] Q. Do you mean people within a particular [3] Monsanto operating company? [4] A. Monsanto as far as I know does not make [5] benzene. But using that as an example, I would expect [6] that if a man was making benzene and OSHA or some [7] agency was going to publish a regulation regarding [8] benzene, he would learn about it and he would come in [9] and say is there something we should do or could do or [10] ought to do. [11] And that is what I mean by the operating [12] people, the people who make or sell or use the product [13] in their operations. [14] Q. What is environmental fate testing? [15] A. Again, I am not sure that is a standardized [16] term. But in my concept it would be, it's a [17] determination or it's an estimation of what is the [18] actual fate, what's the actual known last event that [19] happens to that material. [20] Q. You said that type of test would be done by [21] another department, the environmental [22] ____ A. 1 believe I said there was a environmental Page 241 [1] sciences laboratory or group and that they could be [2] doing such testing. I was not doing such testing. [3] Q. Do you know if the environmental science group [4] included any toxicologists? [5] A. Rich Kimmerie we referred to yesterday is [6] considered by some people to be an aquatic [7] toxicologist. [8] I do not really know the specific background [9] of those people well enough to comment beyond saying [10] that I am not aware that they have any, quote, [11] mammalian toxicologists in that group. [12] Q. Mr. Forig asked you about toxic effects of a [13] variety of substances, one of which was mercury. [14] A. Yes. [15] Q. And you stated that the main hazard resulted [16] from inhalation of mercury fumes? [17] A. Vapor. [18] Q. Mercury vapor? [19] A. I guess fumes is a possibility, though it [20] seems unlikely route of exposure but the vapor [21] certainly is a hazard. [22]_______2l Mr. Forig also asked you about the incident in Page 242 [1] Japan that resulted in mercury poisoning? [2] A. That's correct. [3] Q. And these people that were affected by the [4] mercury had ingested the substance. [5] There seems to be a conflict there between [6] your description of the toxic effects of mercury and m what happened in Japan, and l am wondering if you can [8] just explain that for me. [9] A. There are two, two differences. The earlier [10] discussion, my comments about mercury were talking [11] about metal-like mercury. And I indicated that [12] swallowing it or on the skin of the metal-like mercury [13] I did not think represented any appreciable hazard. [14] The incident in Japan, the metal-like mercury, [15] it is now known, was converted to methyl mercury, which [16] is a different form of mercury. In that form it was [17] taken up by aquatic organisms and transmitted to [18] people. [19] So we are talking about a different form of [20] mercury, and we are talking about a different duration [21] of exposure. When we talked the first time it was a [22] single dose of metal-like mercury by mouth, and now we Page 243 [1] are talking about repeated doses of modified mercury by [2] mouth, and that is why the differences in responses. [3] Q. Are there other types of mercury in addition [4] to metal-like and methyl? [5] A. Mercury forms a variety of chemicals. And so, [6] yes, there would be other materials in which mercury [7] could appear. [8] Q. What causes the transformation from metal-like [9] to methyl mercury? [10] A. Beyond the general comment I made that it is [11] metabolized or modified by organisms in the water, I do [12] not know the details. [13] Q. So your comment regarding absorption or [14] ingestion of mercury having a very limited [15] toxicological effect was addressed just to a one-time [16] contact with metal-like mercury? [17] A. That's correct. [18] MS. SANDBECK:Nothing further. [19] EXAMINATION BYCOUNSEL FOR PLAINTIFF [20] BY MR. WALSH; [21] Q. Dr. Levinskas, I just have one brief area. I [22] will try to be very brief on it.____________ Page 244 [1] Mr. Forig and Ms. Sandbeck had asked you about [2] the toxicity of a number of chemicals, and I just tvant [3] to explore that area just a bit. [4] Does the fact that a chemical is toxic to [5] humans necessarily mean that it poses a hazard to human [6] beings? [7] A. To me toxicity is almost a characteristic or [8] what one might aho say a property of a chemical, [9] namely, that if there is enough of the chemical at the [10] right place at the right time, it will produce some [11] degree of injury which could include death. [12] Q. Let me ask you to take a look at what has been [13] marked as Levinskas Exhibit 2. In particular 1 want to [14] direct your attention to page 3, the second paragraph. [15] If you could just read that, please. [16] MS. SANDBECK; Which page? [17] MR. WALSH; Page 3, second paragraph. [18] (Witness examines document.) ' [19] BY MR. WALSH: [20] Q. Now would you agree with the statement that [21] you have made there in this paper? [22] A. Yes.` Page 245 [1] Q- Is that basically the same point that you just [2] made? [3] A. Yes. I was about to add that the hazard, the [4] risk of seeing signs of toxidty, from handling a [5] chemical, will depend on the conditions under which [6] it's used, the degree of exposure, a variety of other [7] factors. [8] Q. By analogy here, would this cup of coffee, [9] could it be considered toxic based upon what you have, Page 238 to Page 245 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068087 BSA Depo of: GEORGE I. LEVTNSKAS Monsanto v Aetna December 23, 1992 XMAX(13) [10] your definition as you use it in this paragraph? [11] A. Yes, there are some people to whom a cup of [12] coffee would produce jitters and anxiety, and you can [13] regard that as a toxic effect. [14] Q. Would this distinction that you have drawn [15] between toxicity and the hazards of a chemical hold [16] true for all of the chemicals that you discussed with [17] Mr. Forig? [18] And I am referring only to those ones that you [19] had specific knowledge of their toxicity. [20] A. I would say this is characteristic of all [21] chemicals. [22] _____ a So the fact that they are toxic doesn't_______________ Page 246 [1] necessarily mean they are hazardous? [2] MR. FLORIG: Objection, leading. [3] MR. WALSH; Let me rephrase the question. [4] BY MR. WALSH; [5] Q. Does the fact that a chemical has toxic [6] propensities necessarily mean that it is hazardous to m human health? [8] MR. FLORIG: Objection, leading. [9] A. If I could answer the question by [10] paraphrasing, I would say despite the toxidty of a [11] chemical it can be handled safely or in a non-hazardous [12] manner. [13] BY MR. WALSH; [14] Q. Now if you disposed of a toxic chemical in a [15] manner which you reasonably believed would not likely [16] result in human contact, then by your definition of [17] hazardous [18] MR. WALSH- Let me strike that. [19] BY MR. WALSH [20] Q. If you disposed of a toxic chemical in a [21] manner which you reasonably believed would not likely [22] result in human contact, then by your definition a____________ Page 247 [1] particular chemical may pose little or no hazard to [2] human health? [3] MS. SANDBECK: Objection, leading. [4] THE WITNESS; Am I allowed to answer, or not? [5] BY MR. WALSH [6] Q. Yes, you can answer. [7] A. Since hazard involves exposure conditions to [8] determine the degree of hazard, the conditions of [9] exposure, it would be disposed of in a manner that [10] there was no or negligible exposure, then the hazard [11] should be none or negligible. [12] Q. Would that be true for all of the chemicals [13] which Mr. Forig and Ms. Sandbedc discussed with you [14] both yesterday and today? [15] A. In my judgment that would be true. [16] Q. Are you aware of any chemicals that in and of [17] themselves are hazardous by your definition? [18] A. Hazard has to be associated with the use and [19] the potential for exposure. To speak of hazards [20] without recognizing the conditions of exposure I think [21] is a meaningless exercise. [22] ____ MR. WALSH Thank you. I don't have any Page 248 [1] further questions. [2] MS. SANDBECK; Could we have just a few [3] minutes. [4] MR. FLORIG; Sure, because I am going to have [5] some questions. [6] (Recess.) [7] FURTHER EXAMINATION BY COUNSEL FOR DEFENDANTS [8] MR. FLORIG: Back on the record. [9] BY MR. FLORIG: [10] Q. Dr. Levinskas, as you understand, you are [11] still under oath, correct? [12] A. I do. [13] Q. Any chemical in the right place in sufficient [14] quantity can be hazardous, correct? [15] A. Any chemical in the right place at the right [16] amount for the required period of time, I would add [17] that, yes. [18] Q. Hazard depends on a variety of factors, [19] correct? [20] A. Hazard is associated with use, insofar as use [21] is varied, there could be a variety of factors f22] involved. Page 249 [1] Q. What would those factors be? [2] A. It would depend on the nature of the material. [3] It would depend on how it's going to be used, for what [4] it's going to be used, who is going to use it, what [5] precautions if any the user may impose on himself or [6] others may impose on him. [7] Those are the ones that come most readily to [8] mind, and if I reflected on this I might have some [9] additional ones. [10] Q. Would you agree that hazard associated with a [11] toxic chemical increases along with the concentration [12] of that toxic chemical? [13] A. I think that in the conditions that we talked [14] about, we talked about the degree of exposure and also [15] the duration or I will add intensity, which is [16] synonymous with duration of exposure. Insofar as [17] concentration affects those, it would be a factor. [18] Q. And the duration of exposure is another [19] factor? [20] A. Well, duration of exposure, intensity of [21] exposure sort of interrelate. [22]_______Q. The quantity of the toxic chemical would also Page 250 [1] mcrease the hazard? [2] A. It would depend - the quantity would depend [3] on the period of time over which it was taken. [4] Q. Would the nature of the medium in which the [5] toxic chemical exists or is stored potentially increase [6] the hazard? [7] A. It's difficult to say. Insofar as the way it [8] is stored or the medium in which it is stored would [9] contribute to exposure or absorption or would inhibit [10] exposure or absorption, to that extent it would be a [11] factor. [12] Q. ' lie hazard associated with the use of a toxic [13] chemical or toxic chemicals then goes up depending on [14] those factors that you just mentioned, concentration, [15] duration, quantity, medium, all of those factors go [16] into assessing the hazard, correct? [17] MR. WALSH Objection to your preliminary [18] statement. It was not accurate with the testimony. [19] BY MR. FLORIG: ' [20] Q. if there is anything inaccurate in what I just [21] asked you, let me know. [22] ______ A. I would say those are all factors one would Page 251 [1] consider in estimating the hazard. They do not [2] necessarily all contribute to an increased, or I [3] shouldn't say that. They may or may not contribute to [4] an increased hazard, there may be some times when they [5] might contribute to an increased hazard. [6] Q. If the medium in which a toxic chemical were m stored increased the chance that that material would [8] come in contad urith people, that would be an increase [9] in the hazard, correct? [10] MR. WALSH Objection to form. Lack of [11] foundation. [12] THE WITNESS: May I have the question reread? [13] (The reporter read asdirected.) [14] A. If the medium facilitated contact between the [15] person and the chemical, that would be a factor to [16] consider because it has the potential to contribute to [17] hazard. [18] BY MR. FLORIG: [19] Q. All right. [20] A. But if the medium that brought it to the [21] individual did not affect or inhibit absorption, it [22] would not be a detrimental component in that sense, it ' Page 252 : [1] would not contribute to the hazard. [2] Q. When you used the word "absorption", what did j [3] you mean in your last statement? [4] A. It has to go from the medium into the organism | [5] or into the person. If it's held by the medium, I [6] doesn't leave the medium and go into the person, then I | [7] don't think it contributes to the hazard. ACE-FEDERAL REPORTERS, INC. 202-347-3700 Page 245 to Page 252 WATER PCB-SD0000068088 BSA Depo of; GEORGE J. LEVIN5KAS Monsanto v Aetna December 23, 1992 XMAX(14) [8] Q. Just so I understand this point sufficiently, [9] if the medium allows the hazardous chemical - [10] MR. FLORIG: Strike that. [11] BY MR. FLORIG: [12] Q. If the medium does not contain the hazardous [13] or toxic substance, but instead allows it to [14] potentially reach humans, that choice of medium has [15] increased the hazard, correct? [16] MR. WALSH: Objection, the question is [17] ambiguous insofar as the term "contained" is used. [18] BY MR. FLORIG: [19] Q. Do you have arty trouble with the toord [20] "contained". Dr. Levinskas? [21] A. I have trouble more with the word "hazard". [22] ____ MR. FLORIG: Can I hear the question back._______ Page 253 [1] (The reporter read asdirected.) ' [2] MR. WALSH: Do you understand my question? [3] MR. FLORIG: I think I do. I will rephrase [4] it. [5] MR. WALSH: Because I will explain it to you [6] if that would help. [7] BY MR. FLORIG: [8] Q. If the medium in which the toxic chemical is [9] contained does not confine the toxic chemical to that [10] area, but instead allows it to leave the area and [11] potentially reach human beings, that choice of medium [12] has increased the hazard, is that true? [13] MR. WALSH: Objection, hypothetical, abstract. [14] A. I would go back to my definition of "hazard". [15] The hazard of the chemical, the manifestations of [16] toxidty involve a given use or conditions of use or [17] exposure where that chemical can enter into the [18] organizm. [19] The fact that the chemical is adjacent but not [20] in the organism to me is a fact - or the fact that a [21] chemical is present in a medium is a factor to consider [22] in estimating hazard._________________________________ Page 254 [1] BY MR. FLORIG: [2] Q. All right. [3] A. If the chemical stays in the medium and does [4] not get into the organism, then I by the definition I [5] have given, it does not represent a hazard to the [6] organism. 17] Q- Let's assume that the toxic chemical can get [8] from the medium into a human. Has the choice of medium [9] that would not confine the material within it increased [10] the hazard? . [11] MR. WALSH- Objection, vague, confusing. [12] A. I guess I would have to go back to reiterate [13] what I have said about hazard. There is a use and [14] conditions for exposure from which one estimates the [15] hazard, the hazard will be related to the amount of [16] material, the duration and so forth in the organism. [17] Now, as long as it is outside the organism I [18] don't think that represents a hazard to the organism. [19] Whether it's next door or, you know, just outside the [20] skin, if it does not get into the body, it should not [21] manifest the signs of toxicity. [22] __ Q. I have asked you to assume that the toxic___________ Page 255 [1] material can enter the body. Do you then increase the [2] hazard to the body by mcreasing the chance that the [3] material can get to the body? [4] MR. WALSH Same objection. [5] A. The hazard is an estimate of the risk of [6] seeing signs of toxicity. Now without regard to how it [7] comes, the hazard has to have some estimates, some [8] basis for judging the amount that gets in the organism, [9] the duration of the exposure, the intensity, all of [10] these have to go into the estimation of hazard. How it [11] is brought to the organism I don't think relates [12] particularly to the hazard as I am trying to use the [13] term. [14] Q. Let me approach it this wav. If a material is [15] known to be toxic to humans, do I increase the hazard [16] to you the more I increase the chance of that material [17] reaching you? [18] A. Insofar as there is a greater potential or [19] greater actuality that the person will absorb more of [20] the chemical, that would represent a more hazardous use [21] than one with a lesser potential for absorption. But [221 that is an element in assessing, estimating degree of Page 256 [1] hazard. It's not how it got there, it's how much is [2] there and the other factors that we have been talking [3] about. [4] Q. And also includes precautions taken to keep it [5] from getting there? [6] A. I think precautions to, if one makes an [7] estimate of hazard or one wants to reduce the hazard, [8] one way of approaching that is to take additional [9] precautions as I have indicated, such as protective [10] equipment, other devices, to minimize or to reduce the [11] potential for exposure. [12] Q. And that is a common sense reasonable step in [13] industrial safety practice, isn't that true? [14] A. I can speak for what I would consider a [15] practice. I cannot speak for the generalities of [16] everybody. [17] Q. What is your opinion? [18] A. I think one should take steps to minimize [19] exposure insofar that it is feasible. [20] Q. And to minimize potential exposure? [21] A. Well, when I say exposure I am thinking of [22] potential exposure as well, real or imagined exposures. Page 257 [1] MR. FLORIG: That is all I have for now. [2] MS. SANDBECK: I have nothing further. [3] MR. WALSH I don't have anything further, so [4] that will conclude the deposition. [5] Just for the record I would request on behalf [6] of Monsanto that the transcript be designated as [7] confidential. [8] And you can forward the transcript to me for [9] forwarding to Dr. Levinskas's review and signing. [10] Thank you. Dr. Levinskas. [11] MR. FLORIG: Thank you. Doctor. [12] (Whereupon, the deposition was concluded at [13] 1:05 p.m.) [16] [17] [18] [19] [20] [21] [22]______________________________________________ Page 258 [1] ACKNOWLEDGMENT OF DEPONENT [2] I, George J. Levinskas, hereby acknowledge that I [3] have read and examined the foregoing pages of my [4] deposition and that: [5] (Check appropriate box.) [6] ( ) the same is a true, correct and complete [7] transcription of the answers given by me to [8] the questions therein recorded. [9] ( ) except for the changes noted in the attached [10] Errata Sheet, the same is a true, correct and [11] complete transcription of the answers given [12] by me to the questions therein recorded. [13] [14] Date Signature of Witness [15] Subscribed to and sworn before me. ' [16] this day of , 19 [17] [18] Notary public in and for the [19] My commission expires: [20] [21] [22]_________________________________________ Page 259 [1] Certificate of Reporter ) [2] United States of America ) ss. [3] District of Columbia ) [4] I, CRAIG L. KNOWLES, the officer before whom [5] the foregoing deposition was taken, do hereby certify [6] that the witness whose testimony appears in the Page 252 to Page 259 202-347-3700 ACE-FEDERAL REPORTERS, INC. WATER PCB-SD0000068089 BSA Pepo ok GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 [7] foregoing deposition was duly sworn by me; that the [8] testimony of said witness was taken by me to the best [9] of my ability and thereafter reduced to print under my [10] direction; that I am neither counsel for, related to, [11] nor employed by any of the parties to the action in [12] which this deposition was taken and, further, that I am [13] neither a relative nor an employee of any attorney or [14] counsel employed by the parties thereto nor financially [15] or otherwise interested in the outcome of this action. [16] Witness my hand this 26th day of December, 1992. [17] [18] Notary Public in and for [19] the District of Columbia. [20] My Commission Expires October 31, 1994; [21] [22]____________________________________________ XMAX(15) ACE-FEDERAL REPORTERS, INC. i i 202-347-3700 Page 259 to Page 259 WATER PCB-SD0000068090 BSA Look-See Concordance Report 1,701 UNIQUE WORDS 386 NOISE WORDS 14,996 TOTAL WORDS SINGLE FILE CONCORDANCE CASE SENSITIVE WORD RANGES 6 BOTTOM OF PAGE -1 - I [5] 164:9; 165:17, 18, 22; 229:19 12 [1] 182:13 1201 [1] 162:19 164 [1] 164:9 1700 [2] 214:10, 11 1776 [1] 163:16 179 [1] 164:10 18 [1] 222:18 18999 [1] 163:5 19 [1] 258:16 1900s [1] 215:2 19103 [1] 163:11 1940s [7] 194:14; 203:6; 207:4; 209:2; 212:9; 216:17; 218:12 1950 [10] 196:9, 19; 202:2, 10; 204:15; 207:5, 16; 212:9; 214:8, 13 1950s [3] 195:22; 196:1, II 1971 [1] 170:5 1973 [1] 181:13 1977 [6] 166:16, 17; 167:12, 13; 170:12 1980 [1] 167:3 1980s [1] 167:6 1981 [1] 167:16 1986 [1] 167:3 1992 [2] 162:14; 259:16 1994 [1] 259:20 1:05 [1] 257:13 -2- 2 [5] 164:10; 180:17, 18, 22; 244:13 20006 [1] 163:17 2005 [1] 163:10 20s [1] 219:5 21st [1] 162:19 221 [1] 164:5 23 [1] 162:14 242 [1] 164:6 247 [1] 164:4 26th [1] 259:16 -3- 3 [4] 170:4; 229:20; 244:14, 17 3-19-71 [1] 168:19 30s [3] 194:15; 219:6 31 [1] 259:20 350 [1] 163:4 37th [1] 163:9 -4- 40s [4] 210:9, 10; 219:6 -5- 5 [1] 164:4 50 [2] 203:6; 209:3 50s [2] 216:17; 218:13 _____ Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 58 [1] 197:11 -6- 6 [1] 169:3 -7- 70s [1] 227:20 75 [2] 169:3, 8 77 [5] 169:5, 6, 7, 10, 11 -8 - 80 [1] 167:7 88C-JA-118-1-CV [1] 162:7 -9 - 9:30 [1] 162:19 -A- a.m. [1] 162:19 abbreviation [1] 238:14 ability [1] 259:9 able [2] 200:7; 212:10 absorb [1] 255:19 absorbed [1] 218:10 absorption [10] 224:14, 22; 225:2, 13; 243:13; 250:9, 10; 251:21; 252:2; 255:21 Absorptions [1] 214:19 abstract [2] 192:5; 253:13 academia [1] 236:14 accept [1] 175:21 acceptability [1] 195:18 acceptable [1] 213:20 accurate [5] 168:3; 230:9, 10, 12; 250:18 add [6] 209:19; 216:2, 4, 12; 218:7 acknowledge [1] 258:2 ACKNOWLEDGMENT [1] 258:1 Acrylonitrile [1] 189:15 acrylonitrile [10] 187:20, 21; 188:1, 7, 17; 189:5; 226:5, 6; 227:3; 229:5 Act [1] 218:8 action [8]-182:17; 192:18, 19; 211:20; 222:17; 227:7; 259:11, 15 actions [2] 190:3; 195:19 actual [3] 167:9; 240:18 actuality [1] 255:19 Acute [1] 174:2 acute [8] 179:10; 188:18; 189:1, 7, 8, 16, 17; 200:1 acutely [1] 189:10 add [4] 213:6; 245:3; 248:16; 249:15 addition [4] 188:17; 200:8; 239:16; 243:3 additional [2] 249:9; 256:8 additive [19] 180:11; 182:18; 183:6, 7, 15, 17, 18, 22; 184:4, 7, 8, 10, 12, 13, 14; 190:21; 191:3; 226:19 addressed [1] 243:15 adequately [1] 219:2 adjacent [1] 253:19 administrator [2] 236:18; 237:1 admittedly [1] 225:9 admonition [1] 186:3 adopted [1] 176:18 adverse [2] 202:6; 223:17 AETNA [1] 162:8 affect [1] 251:21 affected [1] 242:3 affects [1] 249:17 agendes [2] 192:11; 236:4 Agency [1] 236:10 agency [1] 240:7 agTee [3] 236:17; 244:20; 249:10 agreed [1] 237:2 agreement [1] 162:17 al [1] 162:9 allowed [1] 247:4 allows [3] 252:9, 13; 253:10 alone [2] 201:21; 237:11 alternate [2] 189:22; 234:8 alternates [1] 189:22 aluminum [3] 208:2, 5, 6 ambiguous [1] 252:17 America [1] 259:2 American [2] 176:5; 209:10 amount [6] 182:10; 225:7; 236:21; 248:16; 254:15; 255:8 amounts [2] 210:16; 212:6 analogy [1] 245:8 analysis [2] 177:13; 227:22 Analytical [1] 173:14 analytical [3] 173:20; 177:22; 234:21 Anderson [1] 163:3 anecdotes [1] 194:10 anesthetic [3] 202:4, 7; 206:21 animal [2] 222:1, 6 Animals [1] 174:3 animals [5] 189:12; 190:8; 204:6, 10; 219:3 answer [17] 172:18; 187:12, 13; 189:19; 190:4; 191:22; 195:20; 205:15; 207:20; 210:12; 217:22; 223:4; 228:9; 232:20; 246:9; 247:4, 6 answered [1] 228:7 answers [2] 258:7, 11 antidpate [1] 231:20 anxiety [1] 245:12 anybody [3] 192:10; 196:4; 239:9 Apart [1] 229:8 apparently [2] 215:5, 6 appear [2] 212:16; 243:7 APPEARANCES [1] 163:1 appears [2] 208:7; 259:6 applied [1] 180:9 applies [2] 180:7; 184:20 apply [1] 186:22 appreriable [1] 242:13 approach [1] 255:14 approaching [1] 256:8 appropriate [1] 258:5 approval [1] 226:20 approximately [3] 167:3; 193:1; 227:19 approximation [1] 193:12 aquatic [5] 170:22; 215:7; 231:11; 241:6; 242:17 area [7] 237:5; 239:3, 4; 243:21; 244:3; 253:10 areas [1] 188:16 arise [1] 231:20 arm [1] 176:5 Aromatic [1] 178:11 arose [1] 227:2 arsenic [5] 238:7, 8, 9; 239:16 article [1] 202:22 artides [2] 177:21; 209:7 aside [3] 184:18; 188:6; 213:13 asking [2] 189:6; 233:7 aspects [3] 181:16; 228:2; 229:15 assessing [2] 250:16; 255:22 assessment [9] 166:20; 167:8; 230:5; 231:5, 18; 232:9, 17; 233:11; 234:4 assistance [1] 237:21 assodated [20] 204:11, 21; 208:5, 12, 18; 209:13; 211:1, 5, 13; 213:22; 216:1, 12; 217:4, 19; 218:2, 21; 247:18; 248:20; 249:10; 250:12 assodates [1] 230:18 assume [5] 172:13; 222:5; 230:12; 254:7, 22 assuming [1] 228:18 assurance [1] 185:9 assure [1] 172:21 astringent [1] 208:7 attached [3] 169:22; 170:2; 258:9 attempts [1] 200:9 attended [1] 181:18 attention [8] 170:4; 182:13; 233:6, 13; 234:6, 7, 11; 244:14 attests [1] 176:19 attorney [1] 259:13 auspices [1] 236:13 Austin [1] 162:18 authoritative [1] 174:15 authors [2] 175:19; 179:3 avail [1] 235:13 available [1] 221:7 avoid [2] 183:20; 184:6 aware [22] 176:8; 193:6; 208:17; 209:6, 12; 211:12; 212:18; 213:21; 216:1; 217:3, 18; 218:1, 21; 219:12, 21; 220:8, 14; 230:15; 231:2; 234:2; 241:10; 247:16 awareness [1] 193:8 -B- background [1] 241:8 based [2] 204:8; 245:9 basically [2] 200:22; 245:1 basis [5] 206:14; 208:22; 228:20; 234:6; 255:8 bathed [1] 225:11 bay [1] 215:6 behalf [5] 162:21; 163:6, 12, 18; 257:5 beings [2] 244:6; 253:11 believe [11] 167:2, 16; 168:9; 176:4; 184:2, 4; 206:18; 223:4; 226:5, 13; 240:22 believed [2] 246:15, 21 benefldal [1] 190:18 Benzene [1] 204:17 benzene [14] 203:2, 9, 14, 21; 204:6, 7, 10, 15; 208:20; 211:1; 220:3; 240:5, 6, 8 Beverage [1] 226:8 beverage [3] 182:6; Look-See(17) 226:7, 9 Biochemistry [1] 178:10 biphenyls [3] 218:18, 20; 219:8 bit [4] 218:19; 223:9; 229:11; 244:3 bleeding [1] 208:9 body [8] 194:17; 214:15; 224:14; 225:1; 254:20; 255:1, 2, 3 bone [2] 204:1; 213:2 book [27] 173:13, 16, 18, 21; 174:1, 7, 12, 13, 22; 175:2, 5; 177:9, 10, 16; 178:1, 9, 13, 15, 19, 21; 179:3, 7, 13, 18, 20, 22; 180:4 . books [4] 174:15, 18; 213:13, 14 bottle [12] 182:6; 185:3, 5, 8, 10, 11, 16; 226:6, 13, 22; 227:12, 13 box [1] 258:5 break [3] 192:6; 200:11; 221:17 brevity [2] 178:3 brief [3] 221:21; 243:21, 22 briefly [1] 217:10 broad [3] 187:7; 191:21; 192:4 broader [1] 197:19 broadest [1] 237:8 Browning [1] 179:18 Building [1] 163:4 buried [1] 186:10 bum [1] 196:5 burning [2] 182:11; 188:14 bury [1] 196:5 Business [1] 166:19 buys [1] 186:1 -C- C-l-90-492 [1] 162:8 c.v. [7] 166:2; 167:18, 20; 169:12, 15, 21 CA [1] 162:7 caldum [2] 208:12; 213:2 call [1] 186:18 calls [2] 175:12; 215:15 cancer [1] 204:6 capabilities [2] 209:20; 234:21 capable [1] 191:22 capital [1] 194:1 carbolic [1] 218:6 Carbon [1] 206:3 carbon [2] 200:22; 206:3 carrinogen [1] 204:8 cardnogenidty [1] 227:3 career [7] 194:20; 195:9; 197:22; 198:5; 220:19; 221:10, 13 careful [1] 238:22 carrying [1] 209:20 case [3] 201:3; 215:20; 222:9 cases [3] 200:7; 201:2; 218:6 CASTLE [1] 162:3 casual [2] 198:3; 204:4 CASUALTY [1] 162:8 catch [1] 188:16 categories [1] 225:16 category [1] 201:19 Caustic [1] 218:8 ceased [2] 194:6; 227:9 centralized [1] 231:7 centralizing [1] 234:3 From 1 to centralizing WATER PCB-SD0000068091 BSA Certificate [1] 259:1 certify [1] 259:5 chance [4] 229:6; 251:7; 255:2, 16 change [2] 167:10; 215:9 changed [2] 195:17, 19 changes [1] 258:9 characteristic [4] 209:18; 212:22; 244:7; 245:20 characteristics [1] 215:9 Check [1] 258:5 check [1] 228:14 checked [1] 238:13 chemical [48] 177:13; 185:3, 8, 9, 10, 13, 20; 191:20; 200:21; 201:8; 202:18; 208:3; 221:5; 225:1, 6, 7, 17; 237:9; 244:4, 8, 9; 245:5, 15; 246:5, 11, 14, 20; 247:1; 248:13, 15; 249:11, 12, 22; 250:5, 13; 251:6, 15; 252:9; 253:8, 9, 15, 17, 19, 21; 254:3, 7; 255:20 Chemicals [1] 179:5 chemicals [38] 174:10; 175:9, 14; 176:14; 179:12; 184:20; 185:5, 15, 16; 186:10; 187:3; 190:13, 15; 191:1, 4, 15; 198:4, 7; 199:16; 200:4, 16, 17; 201:18; 205:3; 212:13; 225:6; 236:11, 19; 237:7, 8; 239:14; 243:5; 244:2; 245:16, 21; 247:12, 16; 250:13 Chemistry [2] 173:14; 177:7 chemistry [2] 173:21; 177:22 chlorenes [1] 201:3 chloride [11] 187:15, 16; 189:13; 201:22; 202:1, 4, 13, 15; 208:2, 5, 6 chlorinated [13] 200:18, 20; 201:3, 5, 12, 14; 205:9, 11, 20; 206:15; 207:2; 219:1, 9 chlorobenzene [4] 208:18, 19; 209:1; 210:13 choice [3] 252:14; 253:11; 254:8 choking [1] 223:13 choose [1] 167:19 chronic [1] 200:1 circulated [1] 169:12 circumstance [2] 188:4; 225:10 cite [1] 238:18 cited [1] 238:7 cities [1] 226:16 city [1] 193:21 class [3] 200:17; 205:9; 237:6 classes [1] 200:16 clear [1] 223:4 Co [1] 163:19 Coca [2] 227:11, 13 coffee [2] 245:8, 12 Cola [2] 227:11, 13 colic [1] 213:1 collect [1] 238:21 Columbia [2] 259:3, 19 combine [1] 177:21 combustion [1] 182:16 coming [2] 197:11; 231:9 comment [7] 175:1; 188:5; 209:8; 238:2; 241:9; 243:10, 13 commenting [1] 206:14 Depo of: GEORGE I. LEVINSKAS Monsanto v Aetna December 23, 1992 comments [5] 168:10; 238:5; 239:3, 4; 242:10 Commerce [1] 163:9 commerce [1] 2022 commercialized [1] 231:21 commingle [2] 190:15; 191 commingling [1] 190:21 Commission [1] 259:20 commission [1] 258:19 Committee [2] 176:1, 2 committee [2] 176:9, 20 common [4] 213:15; 216:20; 218:6; 256:12 Commonly [1] 203:12 commonly [1] 202:18 community [1] 213:8 COMPANY [2] 162:5, 9 Company [2] 163:13; 222:16 company [10] 170:9; 171:2, 6; 173:4; 230:3, 7, 22; 231:13; 234:3; 240:3 comparable [2] 178:8; 208:20 compared [1] 172:5 comparison [1] 208:22 compendium [4] 174:9; 175:6; 176:13; 178:17 competent [1] 175:20 complete [2] 258:6, 11 complicated [1] 238:9 Component [1] 226:9 component [1] 251:22 compound [5] 182:19; 185:20; 207:1; 238:8, 9 compounds [4] 178:17, 20; 179:9; 186:10 concede [1] 224:7 conceivable [1] 228:13 concentration [3] 249:11, 17; 250:14 concentrations [6] 191:4, 5; 205:2; 212:1; 216:14; 221:2 concept [1] 240:16 concern [8] 197:16; 200:2; 213:5; 223:12; 224:1, 3, 5, 8 concerned [3] 196:4; 198:3 conclude [1] 257:4 concluded [1] 257:12 conclusion [1] 231:9 concurrence [2] 226:17, 21 conditions [9] 201:9; 229:14; 245:5; 247:7, 8, 20; 249:13; 253:16; 254:14 conducted [1] 182:8 Conference [1] 176:5 conference [2] 181:18; 182:1 confidential [1] 257:7 confine [2] 253:9; 254:9 conflict [1] 242:5 confused [2] 228:1, 18 confusing [3] 219:7, 10; 254:11 confusion [2] 184:1; 228:3 conjunction [1] 220:20 Connecticut [1] 194:4 connection [1] 198:21 conscious [3] 192:14; 195:10; 235:14 consciousness [2] 193:7; 194:11 Conservation [1] 236:13 consider [13] 175:20; 188:3; 190:2, 22; 195:13; 199:22; 204:7; 232:12; 235Or, 251:1, 16; 253:21; 256:14 consideration [5] 192:10, 21; 193:2, 4, 19 considerations [1] 192:16 considered [7] 192:19, 20; 202:4; 207:14; 227:11; 241:6; 245:9 consistency [1] 183:12 consistent [1] 182:22 construction [1] 168:22 consult [2] 179:13; 180:1 consulted [1] 232:17 contact [9] 173:1, 7; 198:4; 211:21; 243:16; 246:16, 22; 251:8, 14 contain [1] 252:12 contained [4] 168:3; 252:17, 20; 253:9 container [7] 182:4, 7, 9; 226:7, 8, 9, 11 containers [2] 181:16; 182:2 contains [1] 200:21 contamination [7] 192:12, 15; 193:3, 20; 194:6, 9; 215:2 content [2] 174:8, 13 context [7] 180:14; 185:2; 186:1, 8; 230:16; 231:15; 233:17 contexts [1] 180:16 Continued [1] 162:16 continued [2] 162:22; 165:4 continues [1] 172:14 continuous [1] 211:21 contradictory [1] 231:14 contribute [6] 250:9; 251:2, 3, 5, 16; 252:1 contributes [1] 252:7 contributing [1] 221:15 control [3] 198:6, 10, 19 controls [1] 198:14 controversy [1] 213:7 converted [1] 242:15 copy [1] 166:1 comer [1] 166:10 correctly [1] 223:17 Corroon [1] 163:3 Corrosive [1] 216:7 corrosive [2] 216:5; 218:9 corrosives [1] 216:9 COUNSEL [3] 165:8; 243:19; 248:7 counsel [4] 162:18; 165:4; 259:10, 14 COUNTY [1] 162:3 couple [2] 205:3; 221:21 course [1] 235:10 COURT [1] 162:2 Court [1] 162:20 CRAIG [2] 162:20; 259:4 cull [1] 238:21 cup [2] 245:8, 11 curiosity [1] 202:22 Currently [1] 216:19 currently [1] 168:22 customers [1] 172:22 cut [1] 208:8 Cyanamid [4] 197:11, 17, 18; 209:10 Cyanide [1] 209:18 cyanide [2] 209:13, 17 -D- D-e-i-c-h-m-a-n [1] 179:4 D.C. [1] 163:17 damage [2] 219:2, 16 data [5] 171:16; 198:16; 199:3; 204:8; 216:13 Date [1] 258:14 date [8] 166:15; 167:7, 9; 173:6; 186:2, 3, 4; 192:14 dated [1] 166:16 Dave [1] 172:13 DAVID [1] 163:7 day [3] 212:15; 258:16; 259:16 deal [2] 175:7; 234:12 dealing [2] 197:12; 198:14 deals [1] 177:13 dealt [2] 233:11; 239:15 dear [1] 218:17 death [4] 210:1; 223:13, 18; 244:11 debate [1] 236:21 debated [1] 204:9 December [3] 162:14; 181:13; 259:16 decided [4] 183:14, 15, 18; 235:13 deciding [2] 195:13; 232:13 deemed [1] 232:2 deep [1] 195:2 defatting [1] 211:20 Defendant [2] 163:12, 18 DEFENDANTS [2] 165:8; 248:7 Defendants [2] 162:11; 165:5 define [2] 189:7, 8 definite [2] 167:15; 193:5 definition [15] 180:15; 182:22; 183:10, 14; 184:5; 222:20; 223:20; 224:9, 11; 245:10; 246:16, 22; 247:17; 253:14; 254:4 definitions [4] 184:3, 22; 223:16; 229:8 degree [9] 200:5; 209:2; 212:5; 213:1; 244:11; 245:6; 247:8; 249:14; 255:22 Deichman [1] 179:4 DELAWARE [1] 162:2 Delaware [3] 162:15; 163:4, 5 demonstrated [1] 186:12 Department [3] 221:14; 231:7; 239:10 department [3] 170:7, 15; 240:21 depend [5] 245:5; 249:2, 3; 250:2 dependent [1] 201:6 depending [2] 191:19; 250:13 depends [1] 248:18 DEPONENT [1] 258:1 DEPOSITION [2] 162:13; 164:8 Deposition [3] 162:16; 165:18; 180:18 deposition [6] 257:4, 12; 258:4; 259:5, 7, 12 describe [1] 187:1 described [1] 218:15 description [2] 179:8; 242:6 descriptions [1] 235:9 descriptive [1] 184:21 design [2] 168:21; 171:15 designated [2] 237:13; Look-See(18) 257:6 designed [1] 229:15 desirable [1] 190:19 desired [1] 236:20 despite [1] 246:10 destruction [1] 204:1 detail [1] 206:9 details [2] 237:9; 243:12 detected [3] 213:3; 229:16 detective [1] 209:19 determination [2] 199:17; 240:17 determine [4] 171:15; 187:12; 192:18; 247:8 determined [2] 229:15; 230:2 determines [1] 170:8 detrimental [1] 251:22 develop [3] 172:20; 198:12, 13 developed [6] 172:8; 193:11; 209:5; 210:7; 215:11; 216:18 Development [2] 168:15, 16 development [3] 195:16; 199:2; 213:6 devices [1] 256:10 dichloride [5] 206:19, 20; 207:3, 9, 21 dichlorobenzene [3] 210:13, 20; 220:2 dichloroethane [2] 205:16; 206:18 dichloroethene [2] 190:4; 205:13 differences [2] 242:9; 243:2 difficult [2] 195:20; 250:7 difficulty [4] 173:3; 174:7, 12; 238:20 Direct [1] 170:6 direct [7] 170:4; 182:13; 190:10; 194:16; 220:10; 228:5; 244:14 directed [5] 207:11; 230:20; 234:16; 251:13; 253:1 direction [1] 259:10 Director [1] 166:19 director [3] 167:8; 232:16; 233:13 discharge [1] 194:16 discuss [1] 173:11 discussed [5] 215:13; 226:4; 229:5; 245:16; 247:13 discussion [1] 242:10 disinfectant [1] 218:5 disperse [1] 196:6 disposal [5] 189:22; 195:14; 196:2, 11; 232:13 dispose [1] 191:1 disposed [8] 190:14; 191:16; 196:5, 8, 14; 246:14, 20; 247:9 disposing [1] 195:15 dispute [1] 204:14 distinct [2] 201:16; 225:12 distinction [5] 222:21; 223:14; 224:2; 229:9; 245:14 distinctions [1] 224:4 distress [2] 205:2; 212:2 distribution [1] 175:14 District [2] 259:3, 19 disturbances [2] 214:4 dividing [1] 193:2 Certificate to dividing WATER PCB-SD0000068092 BSA Depo of: GBORGB J. LEVINSKAS Monsanto v Aetna December 23, 1992 Doctor [1] 257:11 document [7] 166:6; 168:5; 181:2, 5, 10; 238:7; 244:18 Documentation [1] 176:9 documents [1] 213:14 doesn't [2] 245:22; 252:6 door [1] 254:19 dose [3] 191:19; 201:9; 242:22 doses [6] 189:10; 210:1; 211:17; 214:3; 219:2; 243:1 doubt [3] 196:11; 235:15 Dr [13] 165:10, 21; 178:16; 180:21; 187:11; 200:15; 222:12, 15; 243:21; 248:10; 252:20; 257:9, 10 draw [1] 229:9 drawn [1] 245:14 drew [1] 222:21 Drexler [1] 162:19 drink [1] 182:6 drug [1] 186:2 Drugs [1] 179:5 duly [2] 165:5; 259:7 dumped [7] 187:4; 188:8, 9, 12; 189:1, 14; 215:5 dumping [1] 192:8 duration [8] 242:20; 249:15, 16, 18, 20; 250:15; 254:16; 255:9 dying [1] 225:22 -E- earliest [3] 213:12; 214:9; 218:7 Early [1] 222:19 early [6] 165:13; 167:6; 169:11; 207:4; 213:14; 219:5 edited [1] 175:2 effect [20] 180:11; 184:12; 190:11, 22; 201:10; 202:6; 203:21; 204:2; 207:4, 15; 219:14; 223:3, 6, 12, 17, 20; 225:2, 21; 243:15; 245:13 effects [59] 182:18; 191:3, 6; 201:11, 17, 20; 202:1, 9; 203:2, 5, 13; 205:5, 8, 14, 18, 22; 206:4, 17; 207:18; 208:20, 21; 209:1, 12, 16; 210:2, 17; 211:7, 12, 15, 16; 212:4, 7, 18, 21; 213:5, 9, 21; 214:2, 7, 21; 216:1, 11, 16; 217:3, 18; 218:1, 4, 12, 21; 219:12, 21; 220:8, 22; 222:8, 22; 224:8; 231:12; 241:12; 242:6 effort [1] 239:18 efforts [5] 171:14; 221:6, 14; 234:15 elected [1] 237:12 element [2] 199:22; 255:22 Elkins [1] 177:7 elsewhere [3] 171:2; 231 *1 13 Elzufon [1] 162:18 emergency [1] 179:11 employed [2] 259:11, 14 employee [3] 200:3; 237:19; 259:13 employees [3] 169:21; 172:9, 21 end [2] 226:20; 234:14 endless [1] 235:7 ensure [1] 172:8 entail [1] 233:21 enter [2] 253:17; 255:1 enterchanges [1] 213:2 entitled [8] 173:14; 174:1; 175:3; 176:9; 177:16; 178:10; 179:5, 18 enunciated [1] 221:16 environment [8] 185:17; 186:9, 15, 17; 187:16; 232:3, 4, 6 Environmental [1] 236:10 environmental [18] 166:19; 167:8; 168:21; 170:20; 171:1; 230:5; 231:4, 12, 16, 17; 232:9, 16; 233:11; 234:4; 240:14, 21, 22; 241:3 EPA [1] 236:18 equals [1] 180:12 equate [1] 223:11 equating [1] 223:18 equipment [3] 200:9; 221:8; 256:10 Errata [1] 258:10 errors [1] 238:22 ESQ [3] 163:2, 7, 14 essays [1] 180:2 established [2] 176:15; 216:19 estimate [2] 255:5; 256:7 estimates [2] 254:14; 255:7 estimating [3] 251:1; 253:22; 255:22 estimation [4] 199:17; 222:8; 240:17; 255:10 et [1] 162:9 Ethene [2] 205:17, 18 ethyl [1] 211:1 Ethylene [1] 207:3 ethylene [4] 206:18, 20; 207:9, 21 evaluate [3] 171:16; 198:13; 234:11 evaluates [2] 170:8; 230:2 evaluation [4] 174:21; 199:2, 20; 235:4 evaluations [1] 174:10 evaporate [2] 195:1; 207:12 evaporates [1] 195:7 event [1] 240:18 everybody [1] 256:16 evidence [1] 204:14 exactly [1] 200:20 EXAMINATION [4] 164:2; 165:8; 243:19; 248:7 examination [2] 162:17; 165:4 examined [2] 165:6; 258:3 examines [4] 166:6; 168:5; 181:5; 244:18 example [4] 210:8; 224:21; 238:19; 240:5 exceeded [2] 191:5, 6 excellent [3] 234:19, 20; 235:3 except [1] 258:9 exceptional [1] 225:10 exceptions [1] 169:18 Excuse [1] 172:13 exercise [1] 247:21 Exhibit [8] 164:9, 10; 165:18; 180:17, 18, 22; 229:19; 244:13 existence [1] 177:2 existing [8] 1715; 190:2; 230:6; 231:6, 19; 232:10, 11; 234:16 exists [3] 184:2; 186:20; 250:5 expander [1] 238:7 expect [2] 216:21; 240:5 expectation [2] 206:5, 11 expected [1] 182:18 experience [4] 184:11, 15; 195:17; 225:4 expertise [2] 173:22; 239:4 expiration [2] 186:2, 3 Expires [1] 259:20 expires [1] 258:19 explain [3] 183:3; 242:8; 253:5 explore [1] 244:3 expose [3] 199:13; 221:4 exposed [4] 199:16; 200:5; 221:1, 5 exposure [40] 176:18; 179:10; 182:15; 184:11; 196:20; 197:13, 20; 198:7, 19; 199:9; 200:5, 8, 10; 214:18; 215:20; 221:9; 229:13; 241:20; 242:21; 245:6; 247:7, 9, 10, 19, 20; 249:14, 16, 18, 20, 21; 250:9, 10; 253:17; 254:14; 255:9; 256:11, 19, 20, 21, 22 exposures [6] 179:11; 199:18, 21; 200:1; 203:22; 256:22 express [1] 183:5 extended [1] 180:2 extensive [4] 175:6; 234:19, 20; 235:3 extensively [1] 174:19 extent [4] 175:13; 198:9; 236:17; 250:10 extreme [2] 238:11, 12 eye [10] 202:14; 204:16, 17; 211:22; 216:9; 223:2, 5; 225:7, 11; 226:3 eyes [1] 224:20 -F- face [1] 223:13 facilitated [1] 251:14 facilities [1] 235:7 fact [7] 208:10; 244:4; 245:22; 246:5; 253:19, 20 factor [5] 249:17, 19; 250:11; 251:15; 253:21 factors [10] 192:18; 195:12; 245:7; 248:18, 21; 249:1; 250:14, 15, 22; 256:2 fair [2] 188:21; 220:21 Fairhall [1] 177:16 fairly [3] 175:15; 219:14, 20 familiar [16] 173:12, 13; 177:8; 178:13; 179:20; 180:6; 184:19; 194:19; 200:17; 205:6, 18; 206:7; 208:2, 14; 210:22; 211:4 fashion [1] 192:8 fate [5] 171:1; 231:12; 232:13; 240:14, 18 FDA [2] 226:17, 20 feasible [1] 256:19 features [1] 214:6 fed [1] 194:4 Federal [2] 218:8; 238:1 federal [1] 227:6 fellow [1] 239:10 felt [2] 193:15, 16 field [1] 173:21 Fielding [1] 163:15 financially [1] 259:14 find [1] 178:4 fine [1] 181:4 finite [1] 191:4 fire [3] 188:2, 6, 16 First [2] 228:4; 230:8 first [13] 166:9, 18; 168:13; 170:6; 174:14; 181:9; 182:14; 213:10; 218:15; 223:16; 230:1; 242:21 flammability [1] 189:17 flammable [2] 187:22; 188:15 Floor [2] 162:19; 163:9 FLORIG [45] 163:7; 165:9, 17, 20; 166:5, 8; 168:6; 172:15, 17; 175:16; 180:17, 20; 181:6; 187:10; 192:22; 197:4, 8; 200:11, 13, 14; 203:17, 19; 207:17; 210:11; 215:19; 221:17, 19, 20; 222:12; 246:2, 8; 248:4, 8, 9; 250:19; 251:18; 252:10, 11, 18, 22; 253:3, 7; 254:1; 257:1, 11 Florig [1] 164:4 flow [1] 234:9 flowing [3] 192:9; 194:7, 16 fluid [1] 225:11 flushing [1] 214:5 focused [1] 182:1 follow-up [1] 222:17 follows [1] 165:7 food [1] 226:18 force [3] 197:7, 10, 14 foregoing [3] 258:3; 259:5, 7 forgotten [1] 229:7 Forig [7] 224:13; 229:22; 241:12, 22; 244:1; 245:17; 247:13 form [7] 207:6; 210:4; 215:15; 242:16, 19; 251:10 formalized [1] 231:7 formate [1] 208:12 forms [1] 243:5 forth [3] 188:2; 221:8; 254:16 forward [2] 171:16; 257:8 forwarding [1] 257:9 foster [1] 200:3 found [2] 183:12; 238:13 Foundation [1] 236:13 foundation [1] 251:11 fraction [1] 217:12 free [1] 194:7 ` freeze [1] 207:13 freezing [1] 207:14 frequently [2] 175:15; 180:1 front [1] 165:21 full [1] 182:14 fumes [4] 216:12, 14; 241:16, 19 function [1] 198:11 funnel [1] 234:5 future [2] 173:6; 183:19 -G G-e-r-a-r-d-e [1] 178:10 Look-See(19) gas [1] 202:4 gasoline [1] 217:14 Gasses [1] 174:3 gasses [1] 201:15 gave [4] 167:7; 183:1; 210:13; 235:14 generalities [1] 256:15 generalization [1] 189:3 generalized [7] 206:10; 217:8, 10; 219:17; 220:15; 221:16; 239:5 GEORGE [3] 162:13, 16; 165:3 George [2] 164:3; 258:2 Gerarde [3] 178:9, 16; 179:4 gets [2] 225:1; 255:8 give [4] 193:10, 12; 205:15; 210:12 given [12] 190:5; 192:10; 193:3, 4, 19; 196:12, 17; 222:20; 253:16; 254:5; 258:7, 11 giving [1] 199:5 glanced [1] 173:19 glue [2] 219:15; 220:14 gm [1] 238:14 goal [4] 172:7; 199:8; 221:16; 236:20 goals [2] 171:10, 13 goes [4] 185:7; 218:6; 221:15; 250:13 gotten [4] 172:4; 194:8; 198:2, 3 govern [1] 190:3 government [2] 192:11 Governmental [1] 176:6 gTad [1] 183:15 graduate [3] 177:2; 207:10; 210:8 gram [1] 238:14 great [2] 201:18; 206:9 greater [10] 182:17; 183:7, 17, 22; 184:8, 12, 14; 238:16; 255:18, 19 greatest [1] 198:9 grew [1] 193:21 ground [5] 186:11; 187:17; 195:4, 6; 196:2 ground-water [11] 187:5; 188:8, 11; 189:2; 191:18; 192:2, 12, 15; 193:3, 19; 195:14 grounds [1] 194:1 group [6] 170:20; 231:3; 237:14; 241:1, 3, 11 groups [4] 199:9; 200:2; 236:15, 22 growing [1] 193:7 grown [1] 194:11 guess [12] 176:19; 177:5; 192:6; 193:14; 214:5; 220:1; 223:19; 224:4; 232:20; 235:5; 241:19; 254:12 gut [1] 214:20 -H- half [1] 212:15 hand [1] 259:16 Handbook [1] 174:2 handed [1] 180:21 handled [2] 173:9; 246:11 handling [1] 245:4 hands [1] 183:9 happens [2] 173:5; 240:19 harm [1] 223:21 harmful [2] 199:18; 206:6 From Doctor to harmful WATER PCB-SD0000068093 BSA Hartford [3] 193:22; 194:13 Hazard [3] 247:18; 248:18, 20 hazard [43] 214:17; 241:15, 21; 242:13; 244:5; 245:3; 247:1, 7, 8, 10; 249:10; 250:1, 6, 12, 16; 251:1, 4, 5, 9, 17; 252:1, 7, 15, 21; 253:12, 14, 15, 22; 254:5, 10, 13, 15, 18; 255:2, 5, 7, 10, 12, 15; 256:1, 7 hazardous [9] 214:18; 246:1, 6, 17; 247:17; 248:14; 252:9, 12; 255:20 Hazards [1] 173:15 hazards [2] 245:15; 247:19 heading [3] 166:12, 19; 170:5 health [4] 168:21; 204:2; 246:7; 247:2 hear [1] 252:22 heard [4] 173:16; 174:4, 6; 208:3 hears [1] 194:10 heart [1] 218:18 held [4] 167:2; 207:12; 236:12; 252:5 help [2] 167:14; 253:6 helping [2] 236:3, 7 hereby [2] 258:2; 259:5 Hexachlorobenzene [1] 211:9 hexachlorobenzene [2] 211:5, 11 Hexachlorphene [1] 211:8 hexane [1] 211:13 High [1] 211:22 high [9] 189:9; 203:22; 205:1; 210:1; 211:17; 214:3; 216:5, 14; 219:2 higher [2] 210:19; 220:6 highly [1] 204:8 hold [1] 245:15 hope [2] 185:3; 190:1 human [9] 204:8; 222:5; 244:5; 246:7, 16, 22; 247:2; 253:11; 254:8 humans [38] 190:9, 11; 191:16; 202:2; 203:3; 205:5, 8, 14, 19; 206:1, 17; 207:4; 208:11; 209:12; 211:1, 3, 5, 11, 12; 212:18; 213:22; 214:14; 215:20; 217:3, 18; 218:1; 219:4, 11, 12, 21; 220:8, 22; 221:1; 222:2, 8; 244:5; 252:14; 255:15 hydrocarbon [9] 200:21; 201:4, 7; 205:11; 211:15; 217:12, 15; 219:17; 220:15 Hydrocarbons [1] 178:11 hydrocarbons [9] 200:18, 20; 201:5, 12, 14; 207:2; 212:3; 217:17; 219:1 hydrochloric [1] 216:4 hydrogen [3] 200:22; 209:13, 17 hydrogens [1] 201:2 Hygiene [1] 175:3 hygiene [1] 175:8 Hygienists [1] 176:6 hygienists [3] 171:11, 14; 220:20 hypothetical [2] 192:4; 253:13 Depo of: GEORGE I. LEVINSKAS Monsanto v Aetna December 23, 1992 -I - i.e. [1] 182:17 IBT [1] 166:10 ice [1] 189:14 identification [2] 165:19; 180:19 IDENTIFIED [1] 164:8 identity [2] 185:20; 186:11 H [1] 162:10 imagined [1] 256:22 implement [1] 171:16 implemented [2] 171:19; 237:2 important [1] 203:16 impose [2] 249:5, 6 impression [1] 237:16 inaccurate [1] 250:20 inanimate [1] 216:9 incident [5] 215:1, 4, 13; 241:22; 242:14 incidents [1] 194:9 include [4] 188:11; 191:10; 233:18; 244:11 included [4] 203:1; 224:17; 236:3; 241:4 includes [3] 192:10; 199:4; 256:4 inconsistency [1] 183:3 incorporated [1] 239:5 increase [6] 250:1, 5; 251:8; 255:1, 15, 16 increased [7] 251:2, 4, 5, 7; 252:15; 253:12; 254:9 increases [1] 249:11 increasing [3] 193:7; 213:4; 255:2 increasingly [1] 172:4 Indemnity [2] 163:18; 222:16 indicate [1] 191:11 indicated [33] 168:13; 170:22; 172:20; 174:17; 177:4, 14; 184:7, 13; 185:22; 187:15; 188:13; 189:4, 9, 17; 197:18; 198:11; 199:1, 11; 201:8; 207:20; 215:17; 217:16; 221:3; 228:10; 229:12; 231:1, 5, 18; 232:8; 233:19; 238:15; 242:11; 256:9 indifferent [1] 196:13 individual [4] 190:1, 2; 201:6; 251:21 individuals [3] 192:12; 199:19; 221:9 indulge [1] 199:6 Industrial [6] 173:14; 175:3; 176:6; 177:8, 17; 179:19 industrial [11] 171:11, 14; 175:8; 213:12, 15, 19; 216:20; 220:20; 221:11, 13; 256:13 industry [7] 175:11; 198:18; 236:14; 237:11, 14, 17, 18 inert [1] 215:7 information [34] 168:3; 171:19, 22; 172:7, 20; 173:4, 6, 8; 175:17; 178:5, 8; 179:1, 16; 193:17; 198:13; 202:12; 203:7; 209:4; 210:7; 212:11; 217:2; 219:15; 221:7, 15; 231:8; 232:1; 234:5, 8, 22; 235:2, 17, 19; 238:21 infrequently [2] 177:12 ingested [2] 215:11; 242:4 ingestion [3] 215:21; 224:15; 243:14 inhalation [4] 214:19; 216:12; 224:14; 241:16 inhaled [1] 212:1 inhibit [2] 250:9; 251:21 initial [2] 234:15 injection [1] 224:17 injuries [1] 218:10 injury [2] 219:11; 244:11 input [1] 238:4 Insofar [5] 196:1; 225:1; 249:16; 250:7; 255:18 insofar [4] 183:19; 248:20; 252:17; 256:19 instance [2] 186:1; 223:10 instances [2] 213:16; 225:5 Insurance [1] 163:13 intended [3] 170:14; 179:9; 230:10 intensity [3] 249:15, 20; 255:9 intention [1] 221:4 interest [7] 173:21; 177:15; 197:6, 9; 236:15; 239:11, 22 interested [2] 196:19; 259:15 interferes [2] 209:19, 21 interpretation [2] 171:17; 199:12 interpretations [1] 183:6 interrelate [1] 249:21 interrupt [1] 232:5 introduced [1] 206:2 invited [1] 169:18 involve [2] 239:17; 253:16 involved [12] 169:21; 170:12; 171:6; 189:20; 191:19; 199:6; 219:8, 9; 221:9; 227:9; 236:7; 248:22 involves [1] 247:7 involving [1] 215:1 irritant [9] 189:18; 202:14; 204:16, 18; 216:5, 14; 222:22; 223:3 irritating [1] 211:22 irritation [4] 211:22; 216:15; 223:5, 7 irritations [2] 223:22; 224:7 Island [1] 194:18 -J- Jacobs [1] 173:13 Japan [4] 215:2; 242:1, 7, 14 jitters [1] 245:12 job [1] 235:12 journals [1] 235:8 JR [1] 163:2 judging [2] 234:6; 255:8 judgment [1] 247:15 -K- keep [2] 185:13; 256:4 killed [3] 225:7, 8, 18 Kimmerle [1] 241:5 kinds [3] 212:4, 13; 231:20 Kirkwood [1] 167:16 knowledge [32] 166:13; 169:14, 19; 171:8; 174:18; 190:10; 192:17; 200:19; 206:10; 207:1, 2, 22; 208:9, 16; 2112, 10, 14; 217:5, 8, 9, 11, 20, 22; 219:17; 220:4, 10, 15, 16; 226:21; 233:15; 234:8; 245:19 KNOWLES [2] 162:20; 259:4 -L- lab [1] 169:6 labeling [1] 202:16 Laboratory [1] 174:3 laboratory [2] 168:22; 241:1 Lack [1] 251:10 lacks [1] 187:7 lagoons [1] 196:2 large [1] 201:1 larger [1] 229:13 last [3] 212:15; 240:18; 252:3 late [4] 169:5; 194:15; 210:9, 10 law [1] 162:18 lead [9] 172:10; 212:1, 19; 213:1, 5, 9 leading [4] 172:14; 246:2, 8; 247:3 leam [1] 240:8 leave [2] 252:6; 253:10 lecture [1] 169:18 legally [1] 191:12 lesser [1] 255:21 leukemia [2] 204:11, 13 level [4] 201:9; 203:22; 220:5; 224:4 levels [1] 224:2 LEVINSKAS [4] 162:13, 16; 164:8; 165:3 Levinskas [17] 164:3; 165:10, 21, 22; 180:21, 22; 187:11; 200:15; 222:12, 15; 243:21; 244:13; 248:10; 252:20; 257:9, 10; 258:2 Liberty [1] 163:12 library [1] 234:22 lies [1] 228:3 life [1] 215:10 Limit [2] 176:3, 9 limit [1] 176:15 limited [4] 182:10; 208:9; 232:4; 243:14 limiting [1] 236:20 limits [2] 176:19; 237:21 line [6] 169:6, 7; 192:4; 193:2, 6; 209:8 liquid [4] 188:1, 15; 205:1, 11 Liquids [1] 174:3 liquids [3] 194:20; 195:1; 201:14 listed [2] 167:14; 176:14 literally [1] 235:7 literature [11] 203:10; 204:4; 212:14; 215:14; 216:21; 217:1; 218:13; 219:5, 10; 235:13; 238:17 lived [1] 167:16 liver [4] 206:4, 6; 219:2, 11 local [3] 206:21; 207:11 location [1] 196:8 long-term [5] 208:21; 229:2, 4, 7, 10 Lopac [6] 181:16; 182:2, 4, 5; 226:10, 12 loss [1] 233:22 lot [4] 188:4; 19230; ____________ Look-See(20) 194:1; 22830 lower [3] 210:19; 216:5; 220:6 -M- machine [1] 194:2 main [2] 214:15; 241:15 maintain [1] 186:11 maintaining [1] 185:20 major [2] 197:15; 224:13 mammalian [5] 170:18; 222:7; 230:19; 231:1; 241:11 man [3] 189:12; 222:9; 240:6 manager [3] 168:14, 16; 235:11 manifest [1] 254:21 manifestation [2] 190:7; 223:7 manifestations [1] 253:15 manner [7] 190:14; 191:1; 192:13; 246:12, 15, 21; 247:9 Manta [1] 163:8 manufacture [1] 232:12 MARILYN [1] 163:14 Marilyn [1] 222:15 Mark [1] 165:17 mark [1] 180:17 marked [6] 165:18 , 22; 180:18, 22; 223:21; 244:13 Market [2] 162:19; 163:10 market [3] 226:15; 227:1, 19 marketed [1] 226:14 marrow [1] 204:1 material [17] 173:2; 189:20; 19231; 205:5; 208:7; 216:20; 220:21; 221:1; 240:19; 249:2; 251:7; 254:9, 16; 255:1, 3, 14, 16 materials [11] 184:12; 187:3; 188:22; 190:13, 16; 191:15; 195:14; 196:21; 198:8; 217:16; 243:6 matter [1] 221:11 mean [10] 174:20; 180:9; 208:14; 210:15; 240:2, 11; 244:5; 246:1, 6; 252:3 meaning [1] 231:16 meaningless [1] 247:21 measure [1] 200:8 Medical [4] 169:1; 221:13; 231:7; 239:10 medical [2] 220:21; 233:13 medium [18] 250:4, 8, 15; 251:6, 14, 20; 252:4, 5, 6, 9, 12, 14; 253:8, 11, 21; 254:3, 8 meetings [1] 236:12 melt [1] 189:14 melting [1] 187:18 member [1] 221:13 members [2] 201:19; 239:10 memorable [1] 237:5 memory [2] 228:22; 239:19 mental [2] 214:4; 219:16 mentioned [13] 174:15; 176:1; 205:4; 212:4; 213:10; 224:20; 233:18; 234:18, 21; 235:22; 236:2; 239:20; 250:14 Hartford to mentioned WATER PCB-SD0000068094 BSA mercurial [1] 215:12 Mercury [2] 241:18; 243:5 mercury [29] 213:22; 214:3, 14, 19, 20; 215:1, 5, 6, 8, 10; 241:13, 16; 242:1, 4, 6, 10, 11, 12, 14, 15, 16, 20, 22; 243:1, 3, 6, 9, 14, 16 metabolized [1] 243:11 metal-like [7] 242:11, 12, 14, 22; 243:4, 8, 16 metallic [1] 215:6 method [1] 195:15 methyl [4] 215:8; 242:15; 243:4, 9 mg [1] 238:15 mid [2] 167:6; 194:15 middle [1] 227:20 migrate [1] 191:17 migrating [1] 192:1 mild [1] 223:11 military [1] 225:6 milligram [1] 238:15 mind [3] 219:14; 238:6; 249:8 mine [1] 197:16 minimal [1] 214:21 minimize [5] 200:10; 221:8; 256:10, 18, 20 minor [2] 223:22; 224:6 minute [1] 166:3 minutes [1] 248:3 misstatement [1] 207:6 mix [1] 190:18 mixture [3] 182:15; 217:13, 16 modified [3] 215:7; 243:1, 11 modify [1] 170:17 moment [1] 181:3 monitored [1] 204:3 monitors [2] 170:8; 230:2 mono [1] 220:2 monograph [5] 174:4, 6; 177:18; 178:17; 179:6 monographs [1] 235:8 MONSANTO [1] 162:5 Monsanto [31] 168:13; 169:13, 20; 170:1; 181:21, 22; 187:2; 188:7, 22; 190:12; 191:14; 197:17; 198:1, 2; 226:14; 228:6; 230:13; 232:18; 233:7, 8; 234:18, 20; 236:1; 237:11, 13, 17, 19; 239:5; 240:3, 4; 257:6 morning [2] 165:10, 11 mouse [1] 204:12 mouth [2] 242:22; 243:2 MS [8] 222:14; 228:16; 232:15; 243:18; 244:16; 247:3; 248:2; 257:2 Ms [3] 164:5; 244:1; 247:13 multi-faceted [1] 199:4 mundane [1] 199:4 muriatic [3] 216:2, 4, 12 Mutual [1] 163:12 myself [1] 235:13 -N- N.W. [1] 163:16 name [5] 182:5; 218:6; 222:15; 225:19; 226:11 namely [1] 244:9 names [1] 181:20 naphthalene [2] 217:4, 6 naphthalenes [1] 219:9 Naptha [1] 217:12 Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 ______________Look-See(21) naptha [1] 217:7 narcosis [1] 211:18 nature [6] 174:7, 13; 226:18, 19; 249:2; 250:4 negligible [2] 247:10, 11 nervous [1] 219:16 newspaper [1] 194:9 newspapers [1] 194:10 nitrobenzene [1] 217:19 non-acceptability [1] 195:19 non-hazardous [1] 246:11 non-toxicological [1] 180:14 normally [1] 225:9 Notary [3] 165:6; 258:18; 259:18 note [1] 192:3 noted [1] 258:9 nowadays [1] 213:17 NUMBER [1] 164:8 number [4] 165:17, 22; 166:10; 244:2 numbers [2] 201:1; 229:13 -O- oath [3] 165:7, 14; 248:11 Object [2] 196:22; 215:15 object [1] 197:2 Objection [13] 175:12; 187:6; 207:6; 210:4; 228:7; 246:2, 8; 247:3; 250:17; 251:10; 252:16; 253:13; 254:11 objection [4] 172:14; 187:19; 192:3; 255:4 objections [1] 189:13 observed [1] 214:22 obvious [1] 229:8 Obviously [1] 185:3 occasion [5] 171:18; 179:13, 14; 184:10; 236:5 occasions [2] 238:3 occupational [3] 197:7, 10, 14 ocean [2] 186:20, 21 October [1] 259:20 offered [2] 237:21; 239:3 officer [1] 259:4 offices [1] 162:18 oily [1] 194:2 Okay [4] 169:9; 181:7; 212:8; 229:21 okay [1] 203:20 older [1] 213:18 once-upon-a-time [1] 192:7 one-time [1] 243:15 ones [3] 245:18; 249:7, 9 open [4] 188:14, 16; 196:2 operating [3] 200:8; 240:3, 11 operation [4] 198:11; 199:4, 7; 235:5 operations [1] 240:13 opinion [3] 174:21; 203:22; 256:17 opposed [2] 213:16; 237:11 ORDER [1] 162:1 Organic [1] 179:19 organic [2] 208:1; 220:15 organism [9] 252:4; 253:20; 254:4, 6, 16, 17, 18; 255:8, 11 organisms [5] 215:8; 229:13; 231:11; 242:17; 243:11 organizm [1] 253:18 original [2] 183:14; 223:19 OSHA [2] 176:18; 240:6 ought [1] 240:10 outcome [1] 259:15 outdoor [1] 186:9 outfall [1] 194:3 outside [7] 169:12; 170:1; 181:21, 22; 231:2; 254:17, 19 overall [1] 199:3 overly [2] 196:4; 205:6 overriding [1] 197:16 oxygen [2] 209:20, 22 -P- P-a-t-t-y [1] 175:3 p.m. [1] 257:13 Page [1] 244:17 page [8] 166:9, 18; 168:19; 170:4; 182:13; 229:20; 244:14, 16 pages [1] 258:3 painter [1] 213:1 paper [1] 244:21 papers [1] 215:18 paragraph [9] 168:19; 170:6; 182:14; 230:1, 8; 231:15; 244:14, 17; 245:10 paraphrasing [1] 246:10 part [5] 205:9; 221:15; 235:22; 236:3; 239:18 parries [3] 162:21; 259:11, 14 parts [1] 192:7 pass [1] 198:14 pathway [2] 224:18, 21 pathways [2] 214:15; 224:14 Patty [2] 175:2; 178:7 PCBs [1] 218:22 pencils [1] 208:8 Pennsylvania [1] 163:11 people [46] 169:16; 171:11, 22; 172:11; 181:20, 21, 22; 183:5, 13; 184:22; 193:14, 15; 196:3, 20; 199:5, 6, 13, 16; 200:5; 202:6; 204:2, 7; 206:4; 214:4; 215:11; 218:11; 221:4, 5; 225:8; 234:1; 235:10, 12; 238:21; 239:11, 20; 240:2, 12; 241:6, 9; 242:3, 18; 245:11; 251:8 period [5] 185:21; 194:13; 227:18; 248:16; 250:3 periodicals [1] 202:20 permissible [5] 176:18; 191:7, 8, 12, 13 permission [2] 191:9, 10 permit [2] 188:14; 226:18 persist [1] 185:16 Persistence [1] 185:2 persistence [9] 184:19, 21; 185:7, 19; 186:1, 6, 7, 13, 16 persistent [4] 185:4, 5, 12; 186:21 persists [1] 187:15 person [5] 235:17; 251:15; 252:5, 6; 255:19 personal [1] 233:22 Personally [1] 174:18 personally [2] 175:20; 182:8 personnel [1] 220:21 pertain [1] 237:6 pesticides [2] 197:12, 19 PETER [1] 163:2 petroleum [2] 178:16, 20 pharmacology [2] 183:9; 206:21 phenanthrene [1] 217:21 Phenol [1] 218:5 phenol [1] 218:2 Philadelphia [1] 163:11 phrase [1] 230:16 physical [1] 201:21 physically [1] 235:7 physicals [1] 199:5 picked [1] 202:12 pipes [1] 194:3 pit [3] 187:18; 188:1; 189:14 pits [1] 196:2 Pittsburgh [1] 209:10 place [6] 233:4, 9; 236:21; 244:10; 248:13, 15 placed [2] 170:15; 188:15 PLAINTIFF [1] 243:19 Plaintiff [2] 162:6; 163:6 plan [1] 171:16 planning [1] 168:21 plans [2] 170:8; 230:2 plastic [1] 182:5 please [1] 244:15 pleased [2] 235:16, 18 plumbism [1] 212:22 plus [1] 180:12 point [3] 224:5; 245:1; 252:8 poison [1] 209:18 poisoning [2] 215:12; 242:1 Poisons [2] 173:15; 218:8 poisons [4] 213:12, 15, 19; 218:7 polychlorinated [3] 218:18, 19; 219:8 population [2] 197:19, 20 portion [1] 231:4 pose [1] 247:1 poses [1] 244:5 posited [1] 213:2 position [4] 167:3; 230:14; 232:16; 236:2 positive [1] 227:4 possibility [1] 241:19 potential [17] 190:20; 192:15; 196:20; 197:13, 20; 198:7, 19; 199:9, 21; 223:21; 247:19; 251:16; 255:18, 21; 256:11, 20, 22 potentially [4] 221:1; 250:5; 252:14; 253:11 Potter [1] 163:3 ` practical [1] 191:12 practice [5] 175:7; 190:22; 221:11; 256:13, 15 practices [2] 200:9; 221:7 precautionary [1] 202:16 precautions [4] 249:5; 256:4, 6, 9 predominantly [2] 173:20; 177:13 prefer [2] 184:7; 199:12 preliminary [1] 250:17 prepare [3] 167:17, 20; 181:12 prepared [6] 166:14; 167:5; 169:2, 8; 171:13; 181:13 preparing [2] 181:9, 11 present [4] 162:21; 168:20; 170:5; 253:21 presentation [3] 181:15, 20; 183:21 previously [1] 165:5 primary [6] 179:9; 198:17; 199:8; 214:17, 18; 235:12 print [1] 259:9 printed [1] 238:15 Prior [1] 197:11 problem [2] 193:15, 16 problems [2] 189:15; 204:22 procedure [4] 233:4, 9, 11; 234:4 procedures [4] 172:8; 198:12; 233:15; 236:19 process [2] 225:2; 233:20 processes [1] 228:6 produce [15] 184:12; 191:6; 203:22; 204:6; 210:17; 211:18; 214:3, 5; 215:8; 216:14; 219:2, 16; 225:2; 244:10; 245:12 produced [2] 212:7; 219:11 product [13] 168:14, 17; 172:9; 173:5; 197:21; 227:10; 231:21; 234:14; 239:11, 12, 22; 240:12 products [18] 172:6; 182:16; 228:11; 230:6; 231:6, 19; 232:9, 10, 11; 233:12; 234:16, 17 profession [2] 174:16; 198:18 professional [4] 169:17; 194:20; 195:9, 16 progressive [1] 229:17 prohibitions [1] 192:8 project [1] 227:9 prolonged [1] 211:21 prominent [2] 193:9; 214:6 propensities [1] 246:6 properties [14] 187:4; 190:6, 14, 16; 191:16; 198:8; 201:6; 206:8; 208:4, 11, 17; 210:22; 211:4; 212:9 property [4] 185:19; 233:22; 244:8 proposed [3] 236:22; 237:22; 238:10 protect [1] 199:8 protecting [1] 196:20 Protection [1] 236:10 protection [4] 171:11; 172:10; 199:3; 233:22 PROTECTIVE [1] 162:1 protective [3] 200:9; 221:8; 256:9 proven [1] 206:12 provide [3] 193:17; 231:22; 238:4 provides [1] 176:13 providing [1] 237:21 prussic [1] 209:19 Public [2] 165:6; 259:18 public [2] 236:14; 258:18 publication [4] 167:13; 169:10; 176:8, 12 publications [2] 168:8; 173:10 publish [1] 240:7 From mercurial to publish WATER PCB-SD0000068095 BSA published [3] 215:18; 238:1, 10 publishing [1] 176:21 purporting [1] 207:7 purpose [1] 185:14 purposes [3] 172:19; 229:11; 234:12 pursuant [1] 162:17 Putting [1] 188:6 putting [1] 187:18 -Q-_________ qualitative [2] 210:14, 15 qualitatively [1] 220:3 quality [1] 204:13 quantitatively [1] 212:6 quantity [6] 192:1; 235:20; 248:14; 249:22; 250:2, 15 question [25] 171:3; 173:3; 181:9, 19; 185:7; 186:21; 187:6, 13, 20; 189:4, 6, 19; 191:21; 196:16; 197:2; 221:22; 223:2; 227:2; 233:1; 246:3, 9; 251:12; 252:16, 22; 253:2 questioning [1] 192:4 questions [12] 187:13; 196:10; 204:5; 222:17; 227:21; 231:20; 232:1, 22; 248:1, 5; 258:8, 12 quickly [2] 207:12; 237:3 quote [6] 223:21; 226:20; 234:2; 238:11; 241:10 -R- rabbit [3] 225:8, 18, 22 Rain [1] 195:4 raised [1] 204:5 rationale [1] 236:20 reach [2] 252:14; 253:11 reaction [1] 196:15 read [9] 181:1; 215:3, 17; 218:19; 230:18; 244:15; 251:13; 253:1; 258:3 readily [1] 249:7 reading [4] 204:4; 209:7; 214:9; 218:9 reads [3] 182:14; 194:8, 10 real [1] 256:22 reason [2] 228:22; 235:15 reasonable [3] 177:5; 195:15; 256:12 reasonably [3] 196:3; 246:15, 21 reasons [4] 172:1; 186:5; 198:17; 238:18 recall [43] 166:15; 167:21; 173:17; 174:9, 14, 19, 22; 177:1, 4; 178:15; 179:7, 22; 181:9, 11, 18; 196:1, 4, 10; 197:15; 202:11, 13, 16; 203:13; 205:8; 206:20; 207:22; 209:9; 214:9, 17, 18; 215:1, 4; 216:11, 13; 217:12; 218:9; 222:2; 225:19; 226:17; 227:17; 228:12, 15; 229:1 recent [2] 213:4; 219:15 Recess [3] 200:12; 221:18; 248:6 recite [1] 206:9 recognize [1] 199:15 recognized [1] 213:12 recognizes [1] 221:4 recognizing [1] 247:20 Depo of: GEORGB ]. LBVINSKAS Monsanto v Aetna December 23, 1992 recollection [13] 177:20; 180:2; 202:3; 204:12; 207:9, 21; 208:6; 216:3; 226:15; 228:9; 233:1, 3 recommendations [4] 198:15; 231:22; 236:17; 239:15 record [3] 200:13; 248:8; 257:5 recorded [2] 258:8, 12 records [1] 228:14 reddening [1] 223:10 reduce [2] 256:7, 10 reduced [1] 259:9 refamiliarize [1] 181:3 refer [10] 167:17; 175:14; 178:19, 21; 183:6, 7; . 185:19; 186:13; 213:14, 18 reference [6] 167:12; 168:20; 175:10; 195:20; 238:11, 13 referenced [4] 212:14; 213:14; 216:21; 218:12 references [3] 166:16; 203:11; 212:17 referred [7] 176:2; 183:21; 194:13; 202:19; 203:10, 12; 241:5 referring [5] 191:8; 230:22; 232:6; 234:17; 245:18 refers [1] 166:11 reflected [1] 249:8 reflecting [1] 184:1 regard [7] 178:1, 22; 197:9; 223:5; 236:2; 245:13; 255:6 regarded [2] 174:15; 176:17 regarding [4] 195:18; 206:11; 240:7; 243:13 Register [1] 238:1 regularly [1] 179:15 regulated [1] 218:7 regulation [4] 192:11; 226:19; 238:10; 240:7 regulations [6] 188:14; 190:2; 236:22; 237:1; 238:1; 239:2 regulatory [6] 172:3; 191:9, 10; 227:7; 236:4, 7 Rein [1] 163:15 reiterate [1] 254:12 related [3] 201:20; 254:15; 259:10 relates [1] 255:11 relative [2] 168:11; 259:13 relatively [4] 177:21; 179:8; 224:6, 8 relevance [1] 187:9 relevant [1] 187:12 reliability [2] 176:19; 212:11 reliable [8] 175:17, 22; 176:17; 178:1, 2, 22; 179:16; 180:4 remember [7] 225:17; 227:18; 228:19; 229:3, 6; 237:20; 239:14 remind [1] 190:1 repeated [1] 243:1 repeatedly [1] 232:8 rephrase [2] 246:3; 253:3 replaced [1] 201:2 reported [1] 238:16 Reporter [2] 162:20; 259:1 reporter [2] 251:13; 253:1 reports [1] 169:22 represent [3] 222:16; 254:5; 255-20 representative [3] 237:10, 13, 18 representatives [1] 236:14 represented [1] 242:13 representing [1] 237:17 represents [1] 254:18 request [3] 169:16; 171:22; 257:5 required [3] 210:17; 212:7; 248:16 requirement [1] 172:3 reread [1] 251:12 research [1] 178:16 residence [1] 167:14 resources [1] 235:2 respect [8] 170:18; 192:16; 194:6; 197:6; 206:6; 207:13; 219:10; 222:7 respected [1] 174:16 respective [1] 162:21 respects [1] 220:3 respiratory [4] 204:21; 205:2; 212:2; 216:15 respond [5] 220:1; 228:8; 232:1; 233:10; 239:21 responding [1] 232:2 response [7] 189:4; 192:6; 196:18; 233:1; 239:2, 6, 8 responses [1] 243:2 responsibilities [2] 236:1, 3 Responsible [1] 230:5 responsible [1] 199:2 result [5] 178:17; 182:16; 227:6; 246:16, 22 resulted [2] 241:15; 242:1 results [2] 222:1; 235:16 resume [4] 166:1, 14; 167:18; 229:20 review [6] 209:7; 231:21; 233:9, 17; 234:1; 257:9 reviewed [1] 234:1 Rich [1] 241:5 Right [1] 201:11 right [25] 167:11; 168:18; 169:4; 170:16; 173:17; 174:6; 183:11; 184:9; 193:22; 197:5; 211:19; 213:21; 216:7; 222:13; 225:3, 14; 228:17; 238:12; 244:10; 248:13, 15; 251:19; 254:2 right-hand [1] 166:9 risk [3] 223:18; 245:4; 255:5 risks [1] 188:1 River [2] 193:22; 194:4 river [1] 194:3 role [1] 227:22 room [1] 179:11 route [2] 214:18; 241:20 routes [2] 189:22; 234:8 tows [1] 235:8 run [2] 188:1; 228:4 running [1] 193:22 -S- safely [1] 246:11 safety [7] 168:17; 172:9, 21; 181:15; 200:3; 221:11; 256:13 Salt [1] 186:20 salt [3] 186:20; 189:9, 13 SANDBECK [9] 163:14; 222:14; 228:16; 232:15; 243:18; 244:16; 247:3; 248:2; 257:2 Sandbeck [4] 164:5; 222:15; 244:1; 247:13 saturated [1] 195:5 saying [2] 233:10; 241:9 scenario [1] 222:9 School [1] 169:1 school [3] 183:15; 207:10; 210:8 science [1] 241:3 sciences [2] 170:20; 241:1 scientific [2] 213:8; 215:14 scientists [1] 204:14 sea [1] 215:10 searches [1] 235:13 seawater [1] 215:2 second [5] 170:5; 229:22; 231:4; 244:14, 17 section [3] 170:7, 15; 235:11 sections [2] 175:7, 14 sell [1] 240:12 send [1] 173:4 sense [8] 198:22; 199:14; 210:14, 15; 223:12; 237:9; 251:22; 256:12 sensitive [2] 222:10 sentence [4] 170:6; 182:14; 230:1, 4 separated [1] 173:6 series [3] 177:20; 229:17; 236:16 serious [2] 188:1; 218:10 seriousness [1] 223:20 service [1] 194:5 setting [1] 236:11 severe [1] 229:14 severity [1] 212:7 Sheet [1] 258:10 shelf [1] 185:11 shops [1] 194:2 short-term [7] 208:20; 209:1; 228:10, 13, 18, 21; 229:10 show [1] 191:20 Signature [1] 258:14 significance [2] 171:18; 198:15 significant [3] 203:21; 204:2; 236:9 signing [1] 257:9 signs [4] 215:11; 245:4; 254:21; 255:6 simple [5] 182:18; 184:4; 191:22; 209:14; 238:8 simultaneous [1] 182:15 single [2] 191:22; 242:22 site [1] 207:11 situation [2] 186:7; 187:1 Skin [1] 216:9 skin [18] 189:18; 202:13; 204:16, 18; 211:20, 21; 214:5, 20; 216:7; 218:10; 223:6, 10, 11, 22; 224:7; 225:12; 242:12; 254:20 smallness [1] 178:3 sniffers [2] 219:15; 220:14 snow [1] 187:18 So-called [1] 212:22 so-called [2] 176:15; 215:8 soak [2] 194:20; 195:3 soaks [2] 195:4, 6 _____________ Look-See(22) societal [1] 195:18 societies [1] 169:17 sodium [3] 187:15, 16; 189:13 soft [1] 182:5 soil [7] 187:4; 188:8; 189:1; 191:17; 192:2; 194:21; 195:14 solicited [1] 238:2 Solids [1] 174:2 solids [1] 201:14 solvent [4] 204:17; 205:20; 206:15; 211:15 Solvents [2] 173:15; 179:19 solvents [7] 180:3; 205:10; 206:10; 208:1; 211:17; 219:18; 220:16 somebody [3] 187:17; 237:14, 15 someone [2] 173:7; 228:5 somewhat [5] 180:2; 210:17; 217:13; 220:13; 228:1 somewhere [4] 173:7; 193:8; 194:11; 209:8 SOPs [1] 234:2 sorry [5] 174:13; 203:18; 211:10; 232:5; 234:19 sort [8] 186:22; 223:14; 225:12; 226:6; 228:4; 236:19; 238:19; 249:21 sorts [1] 235:9 Sound [1] 194:18 source [1] 178:22 sources [3] 178:7; 238:2; 239:13 speak [5] 171:13; 174:17; 247:19; 256:14, 15 specialty [1] 177:15 species [1] 222:10 specific [23] 166:15; 176:22; 195:21; 201:13; 206:22; 207:21; 211:2, 14; 216:13; 217:5, 9, 20, 22; 220:4, 10, 16; 227:9; 232:22; 237:9; 238:6; 239:14; 241:8; 245:19 Specifically [1] 236:6 specifically [6] 205:7; 210:6; 218:15; 228:11, 19; 237:18 specificity [1] 187:7 specify [1] 203:15 Spector [1] 174:1 speculate [1] 188:19 speculation [2] 175:12; 215:16 Square [1] 163:9 ss [1] 259:2 stand [1] 223:19 standard [2] 233:4, 8 standardized [1] 240:15 standards [6] 195:18; 236:4, 6, 8, 11; 237:20 standing [1] 172:14 start [2] 195:22; 234:3 started [5] 176:20; 177:5, 6; 193:8; 197:12 STATE [1] 162:2 state [3] 201:21; 209:11; 230:11 stated [2] 231:14; 241:15 statement [3] 244:20; 250:18; 252:3 States [2] 226:16; 259:2 states [1] 230:1 stay [1] 183:16 staying [1] 185:15 stays [1] 254:3 published to stays WATER PCB-SD0000068096 BSA Depo of: GEORGE J. LBVINSKAS Monsanto v Aetna December 23, 1992 step [1] 256:12 - T- steps [3] 227:9; 229:18; 256:18 stick [2] 228:22; 239:18 stop [1] 208:8 stored [6] 187:4; 191:16; 250:5, 8; 251:7 stories [1] 209:19 stream [3] 194:17; 207:11; 233:5 streams [8] 192:9; 227:22; 228:6, 11; 232:19; 233:9, 18, 21 Street [3] 162:19; 163:10, 16 strength [1] 216:5 strengths [1] 216:6 Strike [1] 252:10 strike [1] 246:18 stringent [1] 172:4 student [1] 177:2 studied [2] 207:10; 222:11 studies [10] 178:18; 182:8; 204:11, 13; 206:22; 229:5, 7, 12, 17; 234:22 study [4] 182:10; 226:5; 229:10 styptic [1] 208:8 subdivision [1] 225:13 SUBJECT [1] 162:1 subject [6] 213:7; 217:9, 20; 218:17; 220:11; 233:21 Subscribed [1] 258:15 subsequently [1] 226:22 subset [1] 224:22 substance [3] 187:22; 242:4; 252:13 substances [1] 241:13 substantial [1] 202:21 substeps [1] 225:15 substitute [1] 206:3 sufficient [2] 235:19; 248:13 sufficiently [2] 189:9; 252:8 suggestion [1] 237:14 suggestions [2] 171:17; 198:15 suggestive [1] 204:13 summaries [2] 175:8; 176:14 summarily [1] 227:4 SUPERIOR [1] 162:2 supervise [1] 170:7 j j I ! ! i i ! table [2] 189:9, 13 talk [5] 186:6, 7, 9; 232:9, 10 talked [8] 182:6; 202:19; 203:11; 212:15; 214:15; 242:21; 249:13, 14 talking [11] 170:17; 171:4; 197:3; 216:22; 230:19; 234:13; 242:10, 19, 20; 243:1; 256:2 talks [1] 213:16 tend [1] 194:20 tenn [19] 180:6, 9; 183:4, 13, 20; 184:6, 19, 21; 186:19, 22; 191:11; 229:12, 17; 231:11; 232:3, 4; 240:16; 252:17; 255:13 terminology [2] 213:15, 20 terms [8] 184:16; 193:13; 195:1, 2; 197:21; 208:19; 223:6, 20 test [6] 171:16; 226:15, 18; 229:2, 13; 240:20 testified [1] 165:6 testimony [10] 168:11; 199:11; 207:7; 222:19; 226:4; 228:1; 233:20; 250:18; 259:6, 8 testing [25] 169:22; 170:9, 13, 18, 21; 171:1, 5; 198:12; 228:10, 21; 230:3, 13, 21; 231:1, 2, 11, 22; 232:21; 236:11, 18, 19; 240:14; 241:2 tests [7] 170:14; 198:12; 222:1; 226:3; 228:5, 12, 13 tetrachloride [2] 206:3, 4 text [1] 177:7 textbook [1] 183:9 textbooks [1] 184:3 texts [5] 173:11; 202:19; 203:1, 10; 213:18 Thank [5] 172:16; 232:7; 247:22; 257:10, 11 thank [1] 222:12 thereafter [1] 259:9 therein [3] 168:3; 258:8, 12 thereto [1] 259:14 thereupon [1] 183:14 thinking [2] 223:6; 256:21 third [1] 182:14 supervised [1] 230:21 suppose [1] 234:12 supposed [1] 230:21 SURETY [1] 162:8 surface [1] 225:13 1 thousand [1] 238:16 ! thousands [1] 226:2 three [7] 184:15; 214:14; 224:13; 225:5, 15; 226:1, surfaces [1] 216:10 surrogate [1] 233:14 susceptible [2] 222:6 swallowed [1] 214:20 swallowing [1] 242:12 swelling [1] 223:11 sworn [3] 165:5; 258:15; 259:7 symposia [1] 236:12 synergism [2] 183:6, 10 synergistic [2] 182:16; 183:4 synergy [8] 180:6, 11, 14, 15; 183:1, 15, 20; 184:5 synonymous [1] 249:16 system [1] 219:16 systemic [1] 223:8 16 Threshold [2] 176:2, 9 f threshold [1] 176:15 i throw [1] 187:17 ties [1] 231:17 ` timeframe [5] 171:4; 193:10; 194:12; 195:21; i 203:15 I timeliness [1] 235:20 | times [7] 169:19; 190:17, 18; 226:1; 231:5; 238:16; 251:4 tissue [3] 207:11, 13, 14 tissues [1] 209:22 title [2] 167:8; 168:13 TLV [1] 176:1 TLVs [1] 176:21 ; toluene [3] 219:13, 15; . 220:13 | totally [1] 196:13 toxic [88] 184:11, 12; 187:4; 189:10; 190:6, 14, 16; 191:16; 195:14; 196:21; 198:8; 201:5, 9, 11, 16; 202:1, 8; 203:2, 5, 13; 205:5, 13, 22; 206:7, 13, 17; 207:4, 15, 18; 208:4, 11, 17; 209:12, 16; 210:2, 22; 211:4, 7, 12; 212:18, 21; 213:9, 21; 214:2, 7, 14; 216:1, 11; 217:3, 18; 218:1, 21; 219:12, 21; 220:5, 8, 22; 222:20; 223:3, 6, 12, 16, 20; 224:7, 10, 11; 241:12; 242:6; 244:4; 245:9, 13, I 22; 246:5, 14, 20; 249:11, 12, 22; 250:5, 12, 13; 251:6; 252:13; 253:8, 9; 254:7, 22; 255:15 Toxicities [1] 174:2 Toxicity [1] 179:19 toxicity [44] 169:22; 170:9, 13, 14, 21; 171:5; 174:10; 175:8; 182:17; 188:18; 189:1, 7, 8, 16, 18; 190:7; 191:20; 201:20; 211:2; 213:16; 222:1, 7, 21; 223:8; 228:5; 229:16; 230:3, 13, 19; 231:11; 232:18, 21; 233:5; 238:11, 16; 244:2, 7; 245:4, 15, 19; 246:10; 253:16; 254:21; 255:6 toxicological [2] 174:16; 243:15 toxicologist [5] 171:14; 198:5; 199:1; 220:19; 241:7 toxicologists [4] 171:10; 175:21; 241:4, 11 Toxicology [6] 174:2; 175:3; 177:8, 17; 178:10; 179:5 toxicology [9] 166:20; 167:9; 170:7; 176:14; 177:21; 180:7, 10; 205:6; 232:17 tract [1] 216:15 hade [2] 182:5; 226:11 transcript [2] 257:6, 8 transcription [3] 238:22; 258:7, 11 transformation [1] 243:8 translating [1] 222:1 translation [1] 222:5 transmitted [1] 242:17 transposed [1] 238:14 Travelers [2] 163:18; 222:16 treatment [3] 178:4; 179:10, 11 trichlorethane [1] 206:2 trichlorethene [1] 205:7 trichlorobenzene [1] 219:22 trichloroethane [4] 205:22; 206:5, 8, 12 Trichloroethene [2] 190:6; 205:4 trichloroethene [1] 189:20 trichloroethylene [1] 220:9 trivial [1] 224:6 trouble [2] 252:19, 21 troubled [1] 183:8 true [17] 170:12; 173:2; 185:15, 16, 18; 197:17, 22; 198:20; 212:3, 5; 245:16; 247:12, 15; 253:12; 256:13; 258:6, 10 Trust [1] 163:4 twice [1] 169:16 two-minute [1] 221:17 type [1] 240:20 types [1] 243:3 -U- ultimate [1] 232:13 ultimately [3] 172:10; 194:18; 234:1 unable [3] 174:20; 193:16; 209:11 uncertain [1] 221:2 uncommon [1] 225:21 uncontrolled [1] 221:2 understand [5] 165:14; 223:17; 248:10; 252:8; 253:2 understanding [3] 171:21; 187:21; 230:18 undertake [2] 198:12; 231:22 undoubtedly [2] 193:14; 200:4 unison [1] 199:10 United [2] 226:16; 259:2 University [1] 209:9 university [1] 221:12 unknown [3] 192:2; 200:2, 6 unlikely [1] 241:20 untreated [1] 188:9 upper [1] 166:9 useful [3] 178:4; 185:12, 13 user [3] 197:21; 227:13; 249:5 users [1] 172:9 uses [5] 230:6; 231:6, 19; 233:12; 234:16 utility [3] 171:18; 234:11, 13 utilization [1] 209:22 -V- vague [4] 187:6; 192:5; 197:2; 254:11 value [1] 234:13 Values [2] 176:3, 10 values [1] 176:16 Vapor [1] 241:17 vapor [3] 214:19; 241:18, 20 varied [1] 248:21 varieties [1] 200:22 variety [11] 172:1; 179:9; 180:3; 188:19; 192:17; 201:18; 241:13; 243:5; 245:6; 248:18, 21 vary [1] 212:6 vessel [1] 188:16 vicinity [1] 168:22 view [4] 175:17; 179:16; 180:4; 223:3 vinyl [5] 201:22; 202:1, 3, 13, 15 virtually [1] 192:9 visited [1] 235:6 visual [1] 214:3 visualize [1] 174:12 visualizing [1] 174:7 volatile [10] 187:22; 195:1; 205:1; 211:17; 212:3; 217:14, 15; 219:19, 20; 220:17 Volume [1] 162:10 volume [1] 178:3 vs [1] 162:7 Look-See(23) -W- WALSH [37] 163:2; 166:3; 172:13, 16; 175:12; 187:6; 192:3; 196:22; 197:2, 5; 203:15, 18, 20; 207:6; 210:4; 215:15; 228:7; 232:5; 243:20; 244:17, 19; 246:3, 4, 13, 18, 19; 247:5, 22; 250:17; 251:10; 252:16; 253:2, 5, 13; 254:11; 255:4; 257:3 Walsh [1] 164:6 wanted [6] 187:3; 188:7; 190:13; 191:15; 198:6; 231:10 wants [2] 186:22; 256:7 Washington [3] 163:17; 169:1; 236:12 waste [13] 188:9; 196:2, 7; 215:5; 227:22; 228:6, 11; 232:19; 233:5, 9, 18, 21 wastes [5] 190:18, 20; 194:2; 196:5, 11 water [7] 188:10, 12; 192:9; 194:7, 16, 17; 243:11 Wednesday [1] 162:14 Welge [1] 163:8 Whereupon [2] 165:2; 257:12 Whichever [1] 167:19 widely [1] 215:13 widespread [1] 213:19 Wiley [1] 163:15 Wilmington [2] 162:15; 163:5 withdrawn [2] 227:1, 3 WITNESS [3] 164:2; 247:4; 251:12 Witness [6] 166:6; 168:5; 181:5; 244:18; 258:14; 259:16 witness [2] 259:6, 8 won't [1] 168:7 wondering [2] 224:21; 242:7 word [5] 175:21; 238:12; 252:2, 19, 21 work [3] 197:7, 10, 14 worked [7] 187:2; 188:6, 22; 190:12; 191:14; 202:15 ; 205:16 workers [5] 198:7, 19; 199:3, 8; 200:1 working [7] 199:9, 15; 200:3; 220:20; 223:15; 225:6; 234:3 workplace [1] 232:4 workshops [1] 236:16 worst [1] 222:8 wouldn't [1] 198:6 written [1] 168:4 wrote [1] 230:17 -X- x-rays [1] 213:3 Xylene [1] 220:13 xylene [1] 220:12 -Y- year [2] 176:22; 177:4 years [7] 172:4; 195:17; 198:2; 213:4; 225:20; 232:21; 235:5 Yesterday [2] 227:21; 234:18 yesterday [13] 167:2; 170:19; 173:11; 176:1; From step to yesterday WATER PCB-SD0000068097 BSA 182:6; 199:11; 214:16; 221:22; 222:19; 226:4; 233:20; 241:5; 247:14 youngster [1] 193:21 youngsters [1] 213:6 yours [1] 185:1 yourself [3] 167:20; 181:3; 208:8 Depo of: GEORGE J. LEVINSKAS Monsanto v Aetna December 23, 1992 Look-See(24) youngster to yourself WATER PCB-SD0000068098 LEVih/ZtfftS i Mo/fcAWTt? 1/5. 1W>okWci= cos. Par 1 of 2 _____________________________ .ORRECTIONS TO DEPOSITION-Get _e J. Levinskas Dec 22-23. 199? Page Line Correction: n /3.I5"! i S'---I'--H-7--- : 1? H 1 SPEU-Tfi/Qr Missfotrcr speu-ifi/fr s flouuT) % Pkdbuc~r As oaj eiwe g (6 ! * 1 WTTWEo' CoA/t/Bys PufiPSSE 19 AO ! 5 feULffVGr Afi ! a ! SpEuL/n'ix d& \ t1? ` 2f> IP is ?A ')wTAA?l>" Cofi/i/Ey$ Pu$po$t |' i Sfi ELLAS' ! SPb i~u/a/g- oE)PESEA&eH SO 'S" | 3PAL JT9- j 7 i CIAAIPV PMAS/Mb-_ _ _ _ _ _ _ _ _ _ _ _ ^|7 I PvtfCsTVA T/oA/ CL/\(k\FiES> fcEJpotet (j / Sf>LL>tVS /I A/P <EA$\F'/ 17TMA/T 61 9rofe C V? Eesfb/v^ ?? 19 SPeLL/WO- *16 2 SPeuLfVCr C2 A U)oPy> CoPd^cTni/ 103 CoNi/ey ! A/TsiUpj> Pes&>*"$ m J SPeLL.1 /V(r- m (9 los r i\i 3 19 l((c> /S' las- Ip (JoPP CoA$^Ct?oAS SPSLUf/Cr SPe/-l;a/gSPeuu)/}&. S?l~LlN(r SlMSH lootis 9,!o,t) C 0MFi / IV rzASDEV ft FSPoAGf Xol -2_ %o6 \io,o\\ ftissfotrif. Fth'IL c^idf rifts iqcAl Anesthtjp vss WATER PCB-SD0000068099 LtVWMZIfr t _____________________ Page I Line Correctioi.. ys * //vs v/y tvv^ts oc^. Page 2 of 2 ORRECTIONS TO DEPOSITION ~ rge J. Levinskas Dec 22-23. 92 aoTrto/fe! 'S)slT, N/ssfo/rz:, i7/y2- Hfc ArvBS'fatrrt^ dm \r*lo' h\$s(>otTE, (\\-ohtNvtf 5 ot-r^VE- / M rV) weH/T, i1 oll^ I ^ U?0#> Cpfik&cTtcA/ m. WtAv QotokCTse>AJ ds?>\ Ifi i s>pi//yr^ WATER PCB-SD0000068100