Document zbzkgYaGwbK4B90LDO4XJNyyz

1 In Re: 2 Solutia, et al., 3 4 Vs. Case No. CV-03-PWG-134-E. 6 McWane, et al., 7 9 10 11 12 September 29, 2004 13 14 Videotaped Deposition of ROBERT GEORGE KALEY II, 15 Volume I 16 17 18 19 20 21 22 23 24 1 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044620 1 In the United States District Court 2 For the Northern District of Alabama 3 Magistrate Judge Green 4 5 Solutia, et al., 6 .............................. Plaintiffs 7 8 Vs.............................. Case No. CV-03-PWG-134-E. 9 10 McWane, et al. , 11 .............................. Defendants. 12 13 14 15 16 17 Videotaped Deposition of ROBERT GEORGE KALEY II, taken 18 on behalf of the Defendants, at the offices of Husch & 19 Eppenberger, LLC, 190 Carondelet Plaza, Suite 600, in 20 the County of St. Louis, State of Missouri, between 21 the hours of 9:13 A.M. and 5:02 P.M. on the 29th day 22 of September, 2004, before J. Bryan Jordan, Certified 23 Court Reporter No. 532 and Notary Public, State of 24 Missouri. 2 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044621 1 APPEARANCES OF COUNSEL: 2 FOR THE PLAINTIFF: 3 Joseph G. Nassif, Esq. 4 HUSCH & EPPENBERGER, LLC 5 190 Carondelet Plaza, Suite 600 6 St. Louis, MO 63105-3441 7 Telephone: 314-480-1500 8 Direct (314) 480-1818 9 Fax 314-480-1505 10 j oseph.nassif@husch. com 11 12 FOR MEAD WESTVACO: 13 Wendlene M. Lavey, Esq. 14 SQUIRE, SANDERS & DEMPSEY, L.L.P. 15 4900 Key Tower 16 127 Public Square 17 Cleveland, OH 44114-1304 18 Direct (216) 479-8545 19 Fax: (216) 479-8780 20 wlavey@ssd.com 3 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044622 1 FOR SCIENTIFIC-ATLANTA, INC.: 2 Lynette Eaddy Smith, Esq. 3 TROUTMAN SANDERS LLP 4 NationsBank Plaza, Suite 5200 5 600 Peachtree Street, Northeast 6 Atlanta, GA 30308-2216 7 (885-3489 8 Fax (404) 962-6688 9 lynette.smith@troutmansanders.com 10 11 FOR PHELPS DODGE: 12 Lynne Stephens O'Neal, Esq. 13 LEITMAN, SIEGAL & PAYNE, P.C. 14 600 North 20th Street 15 Suite 400 16 Birmingham, AL 85203 17 (205-251-5900 18 Direct (202) 986-5023 19 Fax (205) 323-2197 20 sls@lsppc.com 4 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044623 1 FOR HURON VALLEY STEEL: 2 Stephanie Rutledge, Esq. 3 BUTZEL LONG 4 100 Bloomfield Parkway, Suite 200 5 Bloomfield Hills, MI 48304-2949 6 (248) 258-1616 7 Fax (248) 258-1439 8 rutledge@butzel.com 9 10 FOR SOUTHERN TOOL: 11 Allison McAdam, Esq. 12 RESOLUTION LAW GROUP, P.C. 13 5335 Wisconsin avenue, N.W, Suite 305 14 Washington, DC 20015 15 (202) 686-4844 16 Fax 9202) 686-4843 17 shm@reslawgrp.com 18 19 20 5 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044624 1 FOR McWANE, FMC, AND UNITED DEFENSE: 2 Jarred O. Taylor, II, Esq. 3 MAYNARD, COOPER & GALE, P.C. 4 1901 Sixth Avenue North 5 Suite 2400 AmSouth/Harbert Plaza 6 Birmingham, AL 35203-2618 7 (205) 254-1061 8 Fax 9205) 254-1999 9 j taylor@mcglaw.com 10 11 FOR WALTER INDUSTRIES AND U.S. PIPE AND FOUNDRY 12 COMPANY: 13 James A. Langlais, Esq. 14 ALSTON & BIRD LLP 15 One Atlantic Center, 1201 West Peachtree Street 16 Atlanta, Georgia 30309-3424 17 (Fulton Co. ) 18 Telephone: 404-881-7000 19 Telecopier: 404-881-7777 20 jlanglais@alston.com 6 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044625 1 FOR DATRON AND ANCHOR METALS: 2 Suzanne Wiery, Esq. 3 McMAHON, DeGULIS, HOFFMANN & LOMBARDI, LLP 4 The Caxton Building - Suite 650, 812 Huron Road 5 Cleveland, OH 44115-1126 6 (Cuyahoga Co.) 7 Telephone: 216-621-1312 8 Telecopier: 216-621-0577 9 mcmahon@mdhl.net 10 11 12 INDEX 13 14 Examination by Mr. Langlais 15 16 17 EXHIBITS 18 19 Defendant's Exhibit Kaley 1 .................... .................... 87 20 Defendant's Exhibit Kaley 2 .................... .................... 91 21 Defendant's Exhibit Kaley 3 .................... .................... 135 22 Defendant's Exhibit Kaley 4 .................... .................... 160 7 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044626 1 THE VIDEOGRAPHER: We're on the record at 2 9:13 A.M. Today's date is September 29th, 2004. 3 We're at the offices of Husch & Eppenberger The 4 address is 190 Carondelet Plaza Clayton Missouri my 5 name is Curt Shaw, legal videographer, along with 6 Jerry Jordan, Certified Court Reporter, here today for 7 the deposition of Robert Kaley II, to be taken in the 8 case of Solutia, et al., vs. McWane et al., currently 9 pending in the Northern District of Alabama, Cause 10 Number CV-03-PWG-134-E. At this time, would counsel 11 please identify themselves for the record? 12 MR. LANGLAIS: This is Jim Langlais, 13 representing Walter Industries, Inc., and the United 14 States Pipe & Foundry, Inc. 15 MS. O'NEAL: Lynne O'Neal, representing 16 Phelps Dodge. 17 MS. LAVEY: Wendy Lavey, with Squire 18 Sanders, & Dempsey, representing Mead Westvaco. 19 MR. NASSIF: Joseph Nassif of Husch 20 Eppenberger, representing Pharmacia, Monsanto, and 21 Solutia. 22 MR. LANGLAIS: And those on the phone? 23 MR. TAYLOR: Jarred Taylor, representing 24 McWane, FMC, and United Defense. 25 MS. McADAM: Allison McAdam, Resolution Law 8 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044627 1 Group, representing Southern Tool. 2 MS. RUTLEDGE: Stephanie Rutledge, 3 representing Huron Valley Steel. 4 MS. SMITH: Lynette Smith at Troutman 5 Sanders, representing Scientific-Atlanta, Inc. 6 MS. WIERY: This is Suzanne Wiery with 7 McMahon, DeGulis, representing Datron. 8 MR. LANGLAIS: Okay, Mr. Kaley, as you 9 heard, my name is Jim Langlais, and I represent two of 10 the defendants in this case. 11 ROBERT GEORGE KALEY II, 12 of lawful age, having been first duly sworn to testify 13 the truth, the whole truth, and nothing but the truth 14 in the case aforesaid, deposes and says in reply to 15 oral interrogatories propounded as follows, to-wit: 16 MS. WIERY: If the people on the phone can 17 make sure everybody is on mute, so there's not so much 18 interference. 19 EXAMINATION 20 QUESTIONS BY MR. LANGLAIS: 21 Q. Would you, please, state your full name for 22 the record? 23 A. Robert George Kaley, II. 24 Q. Joe, before we start, can we agree to 25 reserve objections until first use at trial except as 9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044628 1 to form of the question, leading questions, and 2 responsiveness of the answers? 3 MR. NASSIF: If you ask a question that I 4 believe--Bob, Mr. Kaley, has quite a bit of contact 5 with attorneys over the years, and there's a high 6 likelihood that you could ask a question that would go 7 into a privilege issue with him, and if so, then I'm 8 going to have to reserve that objection and also 9 instruct him not to--potentially instruct him not to 10 answer. Without knowing what questions you are going 11 to ask,-- 12 MR. LANGLAIS: Sure. 13 MR. NASSIF: --it's difficult for me to 14 agree to that in advance, but in terms of the other 15 objections you've raised, that's fine. 16 BY MR. LANGLAIS: 17 Q. Mr. Kaley, would you like the opportunity to 18 review and sign your deposition? 19 A. Yes, I would. 20 Q. And just, just so we're clear on the record, 21 Mr. Kaley is being presented as a fact witness and not 22 as a Rule 30(b) (6) witness. 23 MR. NASSIF: That is correct. 24 BY MR. LANGLAIS: 25 Q. And we've agreed to waive the seven-hour 10 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044629 1 time limitation? Is that correct? 2 A. Yes. 3 MR. LANGLAIS: And can we agree that an 4 objection by one defendant is good for all the 5 defendants ? 6 MR. NASSIF: That's fine. 7 MR. LANGLAIS: Okay. 8 BY MR. LANGLAIS: 9 Q. Mr. Kaley, would you, please, state your 10 full name for the record? 11 A. Yes. Robert George Kaley, II. 12 Q. You are doing a good job so far, I know. 13 You've been deposed before. If you could just speak 14 clearly and give verbal responses, we can take it easy 15 on the court reporter, here. 16 A. I'll try to remember. 17 Q. Okay. If you would just let me finish my 18 questions, I'll let you finish your answers, and this 19 will go a lot smoother. If you don't understand a 20 question that I ask, would you please ask me to 21 clarify the question or repeat it? 22 A. Yes. 23 Q. If you need a break at any time, please let 24 us know; we'll take breaks routinely, but if, for some 25 reason, you need a break, just let us know. 11 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044630 A. That's fine. Q. And you are being represented here, today, by Mr. Nassif of Husch & Eppenberger; is that right, sir? A. That's my understanding, yes. Q. And having been through this before, you know that throughout the course of the deposition, you may hear some of the attorneys make objections. You are still required to answer the question posed unless, of course, your attorney has a valid claim of privilege and he advises you not to answer the question. You understand that? A. I do. Q. Would you tell me what your date of birth is? A. November 28th, 1945. Q. And what's your place of birth? A. Litchfield, Illinois. Q. Can I get your current address? A. It's 1 Geyer, G-e-y-e-r, Wood Lane, St. Louis, Missouri, 63131. Q. And you also have prior addresses on Schoettler Valley Drive and Lindbergh Boulevard? A. The Schoettler Valley Drive was my home address prior to this address. The Lindbergh 12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044631 1 Boulevard address was my, one of my previous work 2 addresses, assuming it's 800 North Lindbergh. 3 Q. Yes. 4 A. That's a work address. 5 Q. And what work address was that for? 6 A. That was the Monsanto Company. 7 Q. Have you ever resided--did you ever reside 8 in Alabama? 9 A. No, I have not. 10 Q. Do you have any relatives in Alabama? 11 A. Not that I know of. 12 Q. Any, any family members employed by 13 Monsanto? 14 A. No . 15 Q. How about any family members employed by any 16 foundry operations? 17 A. None that I know of. 18 Q. Where did you attend high school? 19 A. South Bend, Indiana. 20 Q. When did you graduate? 21 A. 1964 . 22 Q. And where did you go for college? 23 A. Undergraduate, Purdue University. 24 Q. And what degree did you receive from there? 25 A. A Bachelor of Science in chemistry. 13 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044632 1 Q. And you also have a graduate degree? Is 2 that correct? 3 A. Yes, I do. 4 Q. And where did you get your graduate degree? 5 A. University of Illinois. 6 Q. And that's a Ph.D. in chemistry? 7 A. Yes. I also have a Master's of Science in 8 analytical chemistry, and my Ph.D. is in analytical 9 chemistry. 10 Q. And where did you get your Master's? 11 A. That was also at Illinois, University of 12 Illinois. 13 Q. And your Bachelor of Science is in 14 chemistry, as well; correct? 15 A. Yes. 16 Q. During any of your studies, did you have any 17 course work related to PCBs? 18 A. No. 19 Q. Did you take, during your Bachelor of 20 Science, did you take organic chemistry? 21 A. Yes, I did. 22 Q. How about your Master's in analytical 23 chemistry? Did you take organic chemistry during that 24 time? 25 A. I do not believe so. 14 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044633 1 Q. Okay, and how about your Ph.D. work? Did 2 you take organic chemistry? 3 A. The same answer; I don't believe I did. 4 Q. Did you do a thesis for your Ph.D. in 5 chemistry? 6 A. I did. 7 Q. And what was your thesis topic? 8 A. It was a flame source for atomic fluorescent 9 spectroscopy. 10 Q. And did you have to do any kind of thesis or 11 paper for your Master's? 12 A. No, that was based on my course work. 13 Q. Did you do any fellowships? 14 A. No. 15 Q. Did you, did you--were you involved in a lab 16 at the -- during your Ph.D. program, any particular labs 17 on campus? 18 A. I was in the east chemistry building. 19 Q. What kind of, what kind of work were you 20 doing there what kind of research? 21 A. Well, basically, research with regard to my, 22 my thesis process or project, which focused on atomic 23 spectroscopy. 24 Q. Now, when did you--when did you go to work 25 for Monsanto? 15 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044634 1 A. December of 1973. 2 Q. When did you finish your course work for 3 your Ph.D.? 4 A. Probably--I finished my course work probably 5 two years prior to actually receiving my Ph.D. 6 Q. So you continued to do your research 7 throughout the time that--from about 1971 or 1972 8 forward? 9 A. Yes, that was -- 10 Q. And--okay, I'm sorry. 11 A. That was focused on my research project, 12 yes. 13 Q. And were you--you were still completing that 14 while you were working for Monsanto? 15 A. Actually, the work was--the work had been 16 completed, and I had taken my oral and written exams 17 when I went to work for Monsanto. The degree was 18 awarded in January of 1974, just in accordance with 19 their university schedule. 20 Q. I understand. Since that time, have you had 21 any specialized training with respect to PCBs? 22 A. Not, not outside my normal course of work, 23 no. 24 Q. Am I correct that your, your knowledge of 25 PCBs comes from your work with Monsanto? 16 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044635 1 A. Well, in voluminous, outside readings, and 2 attending scientific meetings and things like that, 3 but it's also, it's all been acquired while I was 4 working for-5 Q. Sure. 6 A. --either Monsanto or Solutia. 7 Q. What is the American Chemistry Council? 8 A. What is the American Chemistry Council? 9 Q. Yeah. 10 A. It's a trade organization representing 11 largely chemical manufacturers. 12 Q. And at least while you were working for 13 Monsanto, they were a member of the American Chemistry 14 Council; is that correct? 15 A. I believe that's correct, yes. 16 Q. And do I understand that you no longer work 17 for Monsanto? 18 A. That's correct. 19 Q. When did you leave Monsanto? 20 A. I left Monsanto when Solutia, Inc., was spun 21 off in September of 1997. 22 Q. I'm sorry, you said--did you say September 23 1997? 24 A. I may have--that's what I meant to say. I 25 may have said '77-- 17 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044636 1 Q. I think you said '77. 2 A. --but I meant 1997, yes. Thank you. 3 Q. And we'll talk in more detail about this 4 later, but after September 1997, did you continue to 5 have, did you continue to do any kind of work for 6 Monsanto either on a consulting basis or short-term 7 contract? 8 A. I did some very small amount of work for 9 Monsanto. 10 Q. As Monsanto--are you being paid for your 11 time here today? 12 A. No, I'm not. 13 Q. What was the -- you said you did some work for 14 Monsanto after September 1997. What was that work? 15 A. It was some small amount of consulting work 16 focused on Agent Orange litigation. 17 Q. And where was that pending, if you remember? 18 A. I'm not sure there was any specific case 19 pending. The one I most recall is there was ongoing 20 litigation in Korea. 21 Q. Did you take a deposition that in lawsuit or 22 in connection with that work? 23 A. No. 24 Q. Am I correct that you are considered a PCB 25 expert? 18 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044637 1 MR. NASSIF: I'll object to the form. 2 BY MR. LANGLAIS: 3 Q. Well, the reason I'm saying that is the 4 American Chemistry Council identify you as a, 5 quote-unquote, "PCB expert." Do, do you understand 6 that? 7 A. Yes, I do. 8 Q. Okay. Why don't you tell me what, what they 9 mean, or if you know, what is meant by that 10 designation by the American Chemistry Council. 11 A. Well, largely, it is because I am currently 12 chair of the PCB panel at the American Chemistry 13 Council, and in the very rare occasions where they are 14 asked for comments on PCB issues, I am consulted 15 before they make those comments. 16 Q. How long have you been the chair of that 17 panel? 18 A. Seven years, seven to ten years, something 19 like that. 20 Q. So since about the mid Nineties? 21 A. That's correct. 22 Q. Did you become the chair of the panel 23 before, before leaving Monsanto? 24 A. Yes, I'm sure I did. 25 Q. Was that an elected position? 19 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044638 1 A. No. Well, I mean, I suppose it was, yes. 2 Yes, I suppose it was. 3 Q. Do you know why they chose you? 4 A. Not particularly, no. 5 Q. Do you know who the--do you know who the 6 chair of the panel was before you, or were you the 7 first? 8 A. No, no, I was not the first, and I do know 9 who the channel was--the chair was before me. 10 Q. What's that person's name? 11 A. Gary Mappes, M-a-p-p-e-s. 12 Q. Do you know if Mr. Mappes worked for 13 Monsanto? 14 A. Yes, he did. 15 Q. Do you know where he worked? 16 A. In St. Louis. 17 Q. What was his title, if you know? 18 A. Something like Manager of Product 19 Acceptability. 20 Q. Do you know how long he held that chair 21 position? 22 A. Several years. 23 Q. Do you know if there was a chair prior to 24 Mr. Mappes? 25 A. Yes, there was. 20 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044639 1 Q. And do you know that chair's name? 2 A. Yes. 3 Q. And what's that person's name? 4 A. John Craddock, C-r-a-d-d-o-c-k. 5 Q. Now, did Mr. Craddock work for Monsanto? 6 A. Yes, he did. 7 Q. Do you know when Mr. Craddock would have 8 served as the chair of the panel? 9 A. Primarily, from about 1981 to sometime in 10 the very early 1990's. 11 Q. Do you know if there was a chair prior to 12 Mr. Craddock? 13 A. I believe there was not. 14 Q. Okay, so you believe--do you believe that 15 Mr. Craddock was the first chair, and--is that 16 correct? 17 A. Yes. 18 Q. Am I, am I correct in assuming that the 19 panel formed around the same time that Mr. Craddock 20 started? 21 A. That is correct. 22 Q. Do you know why the panel formed? 23 A. Primarily, to deal with several issues 24 around the developing regulations on PCBs. 25 Q. What regulations are you referring to? 21 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044640 1 A. Well, there are a whole series of 2 regulations by the EPA regarding the manufacture, use, 3 distribution, et cetera, of PCB, and those have 4 continued to develop, basically, since the late 5 1970's. 6 Q. Did OSHA have regulations at the time this 7 panel was formed with respect to PCBs? 8 A. I don't know if they had anything 9 specifically called a regulation. They certainly had 10 what are called PELs, or permissible exposure levels 11 for PCBs, but other than that, I'm not aware of 12 anything of a regulatory nature by OSHA. 13 Q. Was the panel's role to inform its 14 member--its company members how to implement the 15 regulations or how to follow the regulations? 16 A. No, the primary role, I think, was to 17 provide a mechanism for the industry members to 18 interact with environmental groups and the regulators 19 to develop rules that, that made sense to accomplish 20 the, the end of the regulations, but that were 21 sensible from an implementation point of view to the 22 industry. 23 Q. Did the panel deal with health and safety 24 issues related to PCBs? 25 A. To some extent, yes. 22 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044641 1 Q. And what extent was that? 2 A. Well, in, in a number of cases, they 3 contracted with toxicological consultants to prepare 4 summaries of what was known in the literature about 5 the health effects of PCBs, and those were, some of 6 them, at least, in due course submitted to the 7 regulatory agencies. 8 Q. Do you know in what time frame they would 9 have first done that, hire the toxicologist/ 10 consultant? 11 A. Again, primarily early in the 1980's, that 12 was largely when that was done. 13 Q. While you were chair, do you recall there 14 being any issues relating to the health and safety 15 that the panel addressed? 16 A. Yes, there have been some. 17 Q. And do you recall what those were, 18 specifically? 19 A. Well, under the, under the aegis of the 20 panel, there have been reports submitted to a number 21 of regulatory agencies on a variety of, of health, 22 potential health effects issues with regards to PCBs. 23 Q. Do you recall any of the specific issues? 24 You said there's a variety. 25 A. I mean cancer, potential cancer effects, the 23 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044642 1 carcinogenicity of PCBs, potential non-cancer health 2 effects, potential neurodevelopmental effects, those 3 are the major categories. 4 Q. Do you recall the substance of, of those 5 reports? 6 A. In general terms, yes. 7 Q. And did you, did you, um, assist in drafting 8 any of those reports? 9 A. Not in the drafting, no. 10 Q. Was your role in, in more of a reviewer of 11 those reports? 12 A. To the extent I had a role--and it was very 13 minor--it was a reviewer, yes. 14 Q. Who had the, who had the final--who had to 15 give the final okay on those reports before they were 16 sent to the various agencies? 17 A. Someone in the upper management of the 18 American Chemistry Council. I'm not sure what their 19 hierarchy is for approval of reports. 20 Q. Where did--do you know where did you fall 21 within the hierarchy of the American Chemistry 22 Council? 23 A. Very near the bottom. 24 Q. If you can-25 A. If I was there at all. 24 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044643 1 Q. Could you kind of give me an idea of how the 2 structure is, at least at the time of the chair? 3 A. Well, the, the panels are --there are a 4 number of panels. PCBs is only one of many. They are 5 what are called Chemstar panels. That is a, a 6 specific designation for panels that are created with 7 a specific chemical or a specific interest that 8 companies feel would be useful to be able to get 9 together and discuss regulatory issues around those. 10 That is a division of the American Chemistry Council. 11 I believe there is someone at the, like, 12 vice-presidential level that manages that aspect of, 13 of the activities, and which are actually a very small 14 portion of the activities of the American Chemistry 15 Council, and then up through, through those lines. 16 Q. Okay. Before we get back to the reports, 17 did--does the American Chemistry Council, at least 18 while you were the chair, did they do any lobbying to 19 Congress with respect to PCBs? 20 A. I don't believe they've done any with 21 respect to PCBs. 22 Q. Okay. Have you done any lobbying to 23 Congress with respect to PCBs? 24 A. No, I have not. 25 Q. Okay, awhile ago, you mentioned generally 25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044644 1 three, three reports that you said you were generally 2 familiar with, one being a report dealing with cancer, 3 one being non-cancer, and one being--dealing with 4 neural development; is that correct? 5 A. Yes, that's correct. 6 Q. Do you recall the substance of the report 7 dealing with cancer? Do you recall what the major 8 findings were of that report? 9 A. I do. 10 Q. Would you tell me what the findings were, if 11 you recall? 12 A. I think the general conclusion was that a 13 comprehensive, objective review of the literature 14 concerning the potential human carcinogenicity of PCBs 15 provides no evidence that PCBs are human carcinogens. 16 Q. And is that, is that still generally your, 17 your belief? 18 A. Yes, it is. 19 Q. Now, what the EP--does the EPA believe that 20 these are carcinogenic, PCBs? 21 A. PCBs are classified as probable human 22 carcinogens by the EPA, meaning that the animal 23 evidence is positive and the human evidence is 24 inadequate. 25 Q. So there are different categories of 26 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044645 1 something? Is there --are there any other categories 2 besides probable carcinogenic? 3 A. Yes. 4 Q. I assume there's carcinogenic and then 5 there's probable carcinogenic? 6 A. Yes, there is, there-depending on how you 7 slice the pie, there is, or there are known human 8 carcinogens, then there are probable human 9 carcinogens, and I guess the last category is 10 not--either--I think there may be a category for known 11 not to be human carcinogens and then one for not 12 enough information to make a decision. 13 Q. And what does OSHA classify PCBs as? 14 A. I don't know. 15 Q. Okay. You don't know if they classify them 16 as a car --carcinogen? 17 A. I don't know what their classification 18 system is. 19 Q. Now, with respect to the non-cancer report, 20 could you tell me the general substance, if you 21 remember, of that report? 22 A. Yes, the general substance was that based on 23 a comprehensive, objective review of the scientific 24 literature regarding potential noncarcinogenic health 25 effects of PCBs, there is evidence that PCBs have 27 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044646 dermal effects, effects on the skin, and may have some transient effects on serum enzymes. Other than that, there are no scientifically supported human health effects of PCBs. Q. And is that still your opinion here, today? A. Yes. Q. You still believe that? A. Yes, I do believe that. Q. Just so we're clear, you are not a medical doctor; correct? A. That is correct. Q. Are you an epidemiologist? A. I am not trained as an epidemiologist, no. Q. Are you a toxicologist? A. I am not trained as a toxicologist, no. Q. Industrial hygienist? A. No . Q. How about the report dealing with neural development? Do you recall the general substance of that report? A. Yes, I do. Q. Okay, and what is that? What are the major findings of that report? A. That an objective, comprehensive review of that literature does not provide support for the claim 28 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044647 1 that PCBs have neurodevelopmental effects in young 2 children. 3 Q. And is that something you still believe 4 today? 5 A. Yes, I do. 6 Q. Now, you said objective, comprehensive 7 review of the literature; is that correct? 8 A. I believe those were my words or something 9 similar, yes. 10 Q. So am I to understand that, that the 11 American Chemistry Council didn't do any independent 12 studies with respect to PCBs and cancer, they just 13 reviewed existing literature or existing studies? Is 14 that correct? 15 A. Consultant to the American Chemistry Council 16 reviewed the existing literature; that is correct. 17 Q. And that was the same for all three? 18 A. That's correct. 19 Q. And this was an objective study by a 20 consortium of chemical companies; right? 21 A. Well, it was sponsored by a consortium of 22 chemical companies. The review, itself, was actually 23 done by a variety of consultants. 24 Q. Working for the Chemistry, the Chemistry 25 Council? 29 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044648 1 A. Sponsored by them, yes. 2 Q. Do you recall who the consultants were? 3 A. Some of them. I don't know all of them at 4 this point, sitting here. 5 Q. Which ones do you recall? 6 A. I know one was Ogden Scientific. I believe 7 a Dr. Kaufman at Yale University was involved in the 8 neurodevelopmental report. Those are the ones I can 9 recall sitting here right now. 10 Q. Do you know within the council if, if an 11 epidemiologist reviewed the reports? 12 A. I'm not sure I understand your question. 13 Q. Who within the council--I'm assuming that 14 the council hires these objective consultants to go 15 out and do these studies and then they prepare a 16 report and present it to the council; is that correct? 17 A. Essentially, that's the process, yes. 18 Q. Who, who would the report first go to? 19 A. Well, it would go to the member companies. 20 Q. Okay, and the member companies would then 21 submit comments? 22 A. Yes, they had the opportunity to do that. 23 Q. Who would they submit comments to? 24 A. To the preparers of the reports. 25 Q. Do you recall if Monsanto submitted comments 30 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044649 1 to any of these three reports? 2 A. I don't believe so. 3 Q. Did you submit comments to these consultants 4 with respect to any of these reports? 5 A. I don't recall doing so, no. 6 Q. Do you think you might have? 7 A. It's possible. I just don't recall 8 specifically. If I did, they were minor. 9 Q. In the course of your work with PCBs, have 10 you published in any of the scientific or medical 11 j ournals ? 12 A. A little bit, yes. 13 Q. Can you--do you recall what, what journals 14 you've published in? 15 A. The one I can recall for sure is the 16 Bulletin of Environmental Contamination and 17 Toxicology. 18 Q. Okay. 19 A. I don't recall specifically any others. 20 Q. How about the Environmental Science and 21 Technology Journal? 22 A. I don't believe I've published in that one. 23 Q. Did you ever publish in the Journal of 24 Occupational Health? 25 A. No. 31 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044650 1 Q. Do you recall what your publication was in 2 the bulletin that you just discussed? 3 A. Yes. It had to do with a feeding study of 4 PCBs to rats. 5 Q. Do you recall the general--the major 6 findings of that study? 7 A. The major findings were that if you feed 8 PCBs to rats and stop feeding them, the levels of PCBs 9 in the rats go down. 10 Q. Now, did you-- 11 A. Stunning, correct? 12 (Laughter.) 13 Q. Who did the experiments? 14 A. I believe it was done by a contractor to 15 Monsanto Company. 16 Q. So were you just--was this kind of like a 17 literature review? Were you critiquing a study that 18 had been performed? 19 A. No, I had actually done the analyses on the 20 tissues from the rats -- 21 Q. Okay. 22 A. --to determine the levels of PCBs in those, 23 in those rats. 24 Q. And had you done similar work like that 25 before? 32 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044651 1 A. Well, that--not--before I came to Monsanto? 2 Q. Or at any time other than that, that one 3 time where you, where you analyzed the tissue samples, 4 have you, have you done that, that before? 5 A. Well, my, my first several years at Monsanto 6 were --all of my work involved doing analyses for PCBs 7 in a variety of samples. 8 Q. A variety of tissue samples? 9 A. And environmental samples. 10 Q. Now, you've been deposed before; correct? 11 A. I have been. 12 Q. Do you recall on how many occasions? 13 A. Probably twelve to fifteen. 14 Q. Of those twelve to fifteen depositions, how 15 many related to PCBs? 16 A. Probably all of them. No, that's not true. 17 There was one I can think of one that did not. 18 Q. Which one didn't relate to PCBs? 19 A. It had something to do with a Monsanto 20 herbicide. 21 Q. Do you recall where that, that herbicide 22 deposition, what, what state it was in? 23 A. I would--I think it was in Missouri, but I 24 don't recall specifically. 25 Q. When did you--do you recall the approximate 33 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044652 1 dates when you, when you took some of these 2 depositions? 3 A. Well, it's been--I mean fairly well spread 4 out over the years. 5 Q. When was the last time you were deposed 6 prior to today? 7 A. I don't--probably two or three months ago. 8 Q. And was--were those in connection with the 9 suit filed by residents of Anniston against Monsanto? 10 A. No, it was a suit to which Monsanto was not 11 a party. 12 Q. Okay. What kind of, what kind of lawsuit 13 was it? 14 A. It had to do with a dispute over a cleanup, 15 as I recall. 16 Q. And why were you deposed? 17 A. One of the parties had asked Monsanto to 18 provide a witness to discuss certain information. 19 Q. Okay, and what information was that? 20 A. Primarily, to validate sales records that 21 had been produced in that litigation by Monsanto in 22 response to a request by one of the parties. 23 Q. Okay, so you were essentially authenticating 24 documents for, for that lawsuit that Monsanto had 25 provided? 34 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044653 1 A. That was largely the, the role, yes. 2 Q. Okay, prior to that deposition, do you 3 recall when, when your--when the next most recent 4 deposition was? 5 A. Probably six months before that; same 6 situation; non-party. 7 Q. Now, when was the last time prior to today 8 that you were deposed when Monsanto was a party? 9 A. It's probably been three or four years ago. 10 Q. And who was Monsanto sued by, if you recall? 11 A. In that case? 12 Q. Yes. 13 A. That was related to the Anniston situation. 14 Q. Okay, so they were--Monsanto was sued by 15 Anniston residents? 16 A. Yes. 17 Q. Is that your understanding? 18 A. That's correct. 19 Q. And do you recall how that lawsuit turned 20 out? 21 A. Well, there were several. They had various 22 outcomes. 23 Q. Okay, what were the various outcomes? 24 A. There were--well, maybe they didn't have 25 various--there were settlements in those lawsuits, I 35 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044654 guess. Q. And do you recall any other--what year would that have--you said three to four years ago. It would have been in 2000, around there? A I don't really--I don't recall specifically. That's the best guess I can give. Q Do you, do you retain copies of testimony that you've given, deposition testimony? A No . Q Have you ever been deposed as a corporate representative of Monsanto? A Yes. Q When were you deposed as a corporate rep for Monsanto? A. Again, I don't, I don't recall all the specific dates. Probably seven or eight years ago Q. And do you recall the issues that you testified about? A Vaguely, yes. Q Okay, what do you recall? A It was primarily--well, there were issues around health and safety and Monsanto's position on health and safety, and there was also issues around the use of PCBs as plasticizers and, I believe, in a sealing coating. 36 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044655 Q. Did that deposition involve the Anniston Plant? A. No, it did not. Q. Have you ever, besides the, the litigation where you--where Monsanto was sued by Anniston residents, have you had any other depositions that have involved the Anniston Plant? A. Well, I've been deposed in several of the lawsuits involved where Monsanto was sued by residents. Q. Okay. A. Other than that, I believe I have not been deposed in any other kind of litigation. Q. Okay, have you ever been deposed as a corporate rep in connection with the Anniston Plant? A. I don't believe so. Q. Okay. Have you ever had OR have you ever testified before the United States Congress with respect to PCBs? A. No, I have not. Q. Have you testified before Congress with respect to anything? A. No . Q. How about any state or federal agencies? Have you ever--did you ever provide testimony to state 37 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044656 1 or federal agencies? 2 A. I have made statements to--I don't know what 3 you mean by "make statements," I guess. I mean, I've 4 been in meetings where I have said things, so I'm 5 not--I guess I have made one or two more formal 6 presentations to the U.S. EPA, primarily as a 7 representative of the American Chemistry Council PCB 8 panel. 9 Q. Okay, that was probably a bad guestion. Let 10 me ask it this way. Have you ever, have you ever 11 provided testimony to any state or federal agencies 12 where you were under oath, like you are here today? 13 A. No, I don't believe so. 14 Q. Do you maintain any personal files with 15 respect to PCBs? 16 A. I have some, yes. 17 Q. Any of those documents mention or discuss 18 Monsanto? 19 A. They may. 20 Q. When was the last time you put anything 21 related to PCBs in those files? If you recall. 22 A. Probably several weeks ago, but they're 23 primarily literature. I mean, they're files of 24 publicly available literature, primarily. 25 Q. Do your files contain any other types of 38 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044657 documents? A. Well, there are documents related to various litigation that Monsanto has been involved in, yes. Q. Okay. Have you ever, have your given any affidavits in connection with any of the lawsuits? A. Yes, I have. Q. Do you recall how many? A. Well, there was--there's the one that springs to mind has been filed a number of times and updated, primarily with regard to the Anniston situation. Q. Do you maintain copies of those affidavits? A. I certainly have a copy of one or more versions of that particular affidavit, yes. Q. And do you have electronic copies of those affidavits ? A. No, I do not. Q. Are those affidavits something that you, you created, or did you sit down and discuss with someone and someone else drafted it? A. Primarily, I created them. Q. You said, you said "primarily." Can you explain that ? A. Well, I would--I created the draft and, and various, obviously, attorneys commented on the draft 39 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044658 1 and suggested that there were other points that I may 2 want to cover, and then I would draft comment or draft 3 statements to address those points. 4 Q. Do you recall any specific points that 5 weren't included in your drafts that the attorneys 6 wanted you to include? 7 A. No, I-- 8 MR. NASSIF: Objection. 9 A. (Continuing) No, I don't recall any. 10 MR. NASSIF: Bob, give me a chance to make 11 my objection. 12 THE WITNESS: Yes, sir. 13 BY MR. LANGLAIS: 14 Q. When did you learn that Defendants wanted to 15 take your deposition in this lawsuit? 16 A. I would say four to six weeks ago. 17 Q. What did you do in preparation for your depo 18 here, today? 19 A. I had a very brief meeting with, with 20 Mr. Nassif and with one other attorney in his firm. 21 Q. When was that meeting? 22 A. Yesterday afternoon. 23 Q. And was that the only meeting you had with, 24 with Plaintiffs' counsel after you were informed we 25 wanted to make your depo? 40 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044659 1 A. I believe there was one meeting about two 2 weeks ago with, with another counsel, yes. 3 Q. How long was that meeting? 4 A. How long? Probably four hours. 5 Q. Did you review any documents in preparation 6 for your depo here today? 7 A. A couple, yes. 8 Q. What did you review? 9 A. Well, I, I have written in the past a letter 10 to the Alabama Department of Environmental Management 11 on questions with use of lead at the Monsanto or at 12 the former Monsanto plant. I reviewed that document. 13 Q. Was that, was that a letter where you 14 discussed the lead pot process that was performed at 15 the Anniston Plant? 16 A. Yes, it was. 17 Q. And we'll get into that later, but the lead 18 pot process was the process used at Anniston to make 19 biphenyls? Is that correct? 20 A. For a period of time, yes. 21 Q. Am I correct that there is, there is no 22 distinction between diphenyl and biphenyl? 23 A. That's correct. 24 Q. Those words areused interchangeably? 25 A. They are by me, yes. 41 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044660 1 Q. What other documents do you recall reviewing 2 for your depo here, today? 3 A. I think there was a subsequent follow-up to 4 that letter by Craig Branchfield, who works for 5 Solutia. I reviewed that follow-up letter to aid 6 them, and the attachments. I should--I briefly 7 thumbed through the attachments to my letter. 8 Q. Did you speak with any Monsanto employees 9 with respect to your deposition here, today? 10 A. No. 11 MR. LANGLAIS: Do you want to take a five12 minute break? This is a decent time to, to do that. 13 MR. NASSIF: Yeah. You need a break? 14 THE WITNESS: I could use one, just stand up 15 for a minute. 16 MR. NASSIF: Okay, fine. 17 THE VIDEOGRAPHER: We're off the record at 18 9:53 A.M. 19 (Recess.) 20 THE VIDEOGRAPHER: We're back on the record 21 at 10:00 A.M. 22 BY MR. LANGLAIS: 23 Q. Mr. Kaley, I understand--do I understand 24 correctly that you currently work for Solutia? 25 A. No, that's not correct. 42 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044661 1 Q. Okay, and where do you, where do you 2 currently work? 3 A. I'm self-employed. 4 Q. Do you do any consulting work for Solutia? 5 A. Very little. 6 Q. Do any work for Pharmacia? 7 A. Yes. 8 Q. Are you currently employed by Pharmacia? 9 A. No. 10 Q. We'll get into the, the details later, but 11 for purposes of this deposition, can we come to some 12 kind of agreement that when I say "Monsanto," it's 13 meant to cover Monsanto, Pharmacia and Solutia? 14 However, if your answer requires a specific, some 15 specific clarification, certainly that's something 16 that can be made, but otherwise, I'm going to be 17 asking the question three times. 18 MR. NASSIF: That's okay. 19 MR. LANGLAIS: It's okay for me to answer 20 the question three times, or -- 21 MR. NASSIF: It's okay for you to do it 22 either way. 23 BY MR. LANGLAIS: 24 Q. Okay, let's --can we come that to an 25 agreement then that when I say "Monsanto," I'm 43 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044662 1 referring to Pharmacia or Solutia, and if there's 2 certain clarification that's required, you can give 3 that in your answer? 4 A. I believe that-5 Q. Is that acceptable? 6 A. I believe that's acceptable, yes. 7 Q. Now, you went to work for Monsanto in 1973; 8 correct? 9 A. That's correct. 10 Q. And you stayed with Monsanto, the entity 11 known as Monsanto, until September nineteen 12 seventy--l997, when Solutia spun off from Monsanto? 13 Is that correct? 14 A. When Solutia was spun off from Monsanto, 15 yes. 16 Q. Okay, and you continued to work after that 17 time for Solutia? 18 A. That's correct. 19 Q. And how long did you work for Solutia? 20 A. Until January 31st, 2003. 21 Q. And did you retire from Solutia or did you 22 resign? 23 A. I retired. 24 Q. Since that time, you've said you've done 25 some consulting work for Solutia? 44 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044663 1 A. I have. 2 Q. Did any of that consulting work relate to 3 the PCB issues in Anniston? 4 A. Yes. 5 Q. How about, how about outside of Anniston? 6 Have you done any work for, for Solutia with respect 7 to PCB issues anywhere, anywhere else in the country? 8 A. Yes. 9 Q. Could you give me those areas? 10 A. Um, I did some work on a case that was 11 pending in Binghamton, New York. I'm also doing some 12 work using the term "Solutia"--the way you defined it 13 is any one of those three companies --for some 14 litigation that's pending in Mississippi. 15 Q. And those all relate to Anniston, 16 Birmingham, or--what did you say? Binghamton? 17 A. Binghamton, yes. 18 Q. New York and Mississippi, those relate to 19 PCB lawsuits? 20 A. Yes, they do. 21 Q. And are those lawsuits personal injury 22 claims? Do they involve personal injury claims 23 relating to the PCBs? 24 A. Yes, they do. 25 Q. What was your position when you first worked 45 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044664 1 for Monsanto in 1973? 2 A. I was a [Senior Research Chemist. 3 Q. And how long were you a Senior Research 4 Chemist? 5 A. I'll say three years. 6 Q. And then what was your next title? 7 A. Senior Research Specialist. 8 Q. And how long did you hold that title? 9 A. Probably another two to three years. 10 Q. And then what was your next title? 11 A. Um, Senior Research Group Leader. 12 Q. And what year did you hold that title until? 13 A. Approximately 1980 or 1981. 14 Q. And then what was your next title? 15 A. I went back to Senior Research Specialist. 16 Q. And that second time around, how long were 17 you a Senior Research Specialist? 18 A. Probably about four years. 19 Q. And your next title? 20 A. Manager of Product Acceptability or 21 something like that. 22 Q. And how long did you hold that title? 23 A. Uh, I'm saying two to three years. 24 Q. So approximately what year does this take 25 you up to? 46 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044665 1 A. I'm up to about 1987 or '88. 2 Q. Okay, when what was your next title? 3 A. I believe it was Director, Environmental 4 Affairs. 5 Q. And is that a title you held through the 6 spinoff date? 7 A. Yes, that's correct. 8 Q. And did you continue on as Director, 9 Environmental Affairs, for the newly formed Solutia 10 entity? 11 A. Yes, I did. 12 Q. And how long did how old that position? 13 A. Until my retirement in 2003. 14 Q. And we'll get into details on what your 15 responsibilities were, but just generally, did 16 your--did anything change with your work with respect 17 to that spinoff date besides the name on your check? 18 A. Not particularly, no. 19 Q. What did you do as a--well, let me back up a 20 second. When was the first time that you visited the 21 Anniston Plant? 22 A. I'm going to say 1984, 1985. 23 Q. When was the last time you were at the 24 Anniston Plant? 25 A. Probably March of this year. 47 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044666 1 Q. So you were there as a consultant for 2 Solutia? 3 A. Yes. 4 Q. Between your first visit and this past March 5 of 2004, on how many occasions do you believe you 6 visited the Anniston Plant, if you know? 7 A. I don't know. A significant number. 8 Q. Was it hundreds? 9 A. No, it wasn't hundreds. It was, maybe, 10 dozens. Probably less than 50. 11 Q. Certainly, something more --you said dozens, 12 so it's something more than 24, somewhere between 24 13 and 50? Somewhere in there? 14 A. That's as good as I can do, yeah. 15 Q. That was over that twenty-year period? 16 A. Yes. 17 Q. What did you do as a Senior Research Chemist 18 for Monsanto? 19 A. I primarily did gas chromatographic analyses 20 of samples for PCBs. 21 Q. Now, when you say "samples," you are not 22 talking about--you weren't doing GC, gas chromatograph 23 on, on products, now, were you? 24 A. Some, yes. 25 Q. Okay, so what were you testing? 48 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044667 1 A. I was testing products, I was testing 2 research samples, I was testing water, I was testing 3 soil, I was testing fish tissue, I was testing rat 4 tissue, I just--you know, any number of matrices. 5 Q. What, what soils were you testing as a, as a 6 senior research chemist? 7 A. I don't recall specifically. I mean, I'm 8 sure some of them were soils from plant areas. I, you 9 know, it's been forty years ago, thirty years ago. 10 Q. Right. 11 A. I don't really recall specifically. 12 Q. Right. Did you do any--did you test any 13 soils from the Anniston Plant? 14 A. Uh, I don't recall any. By the time I had 15 come to Monsanto, the Anniston Plant had quit making 16 PCBs, so I don't recall specifically any soil samples 17 from Anniston. 18 Q. Do you recall doing any testing as a Senior 19 Research Chemist for the Anniston Plant with respect 20 to PCBs? 21 A. Not specifically to Anniston, not that I 22 recall. 23 Q. What, um, what, what areas--do you recall 24 what plants you were doing soil and water testing for, 25 as a Senior Research Chemist? 49 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044668 1 A. Well, to the extent I was doing it for any 2 plant, it would have been for the Sauget plant, the 3 plant in East St. Louis, but a lot of the samples of 4 that type were generated in our laboratory as part of 5 our research program. 6 Q. Okay, and what were you, what were you 7 looking at? You are saying that your research program 8 would, would create soil samples that contained PCBs 9 and then they could give them to you to determine the 10 levels ? 11 A. Yes. 12 Q. What were they trying to--what were they 13 trying to determine? 14 A. Primarily, the biodegradation of PCBs or the 15 biodegradation rates of PCBs. 16 Q. And having done that work, what can you tell 17 me about the biodegradation rates of PCBs in soil? 18 A. They vary significantly, depending on the 19 level of chlorination of the PCBs. 20 Q. Am I correct that the more it's chlorinated, 21 the more persistent it is in soil? 22 A. That's generally true, yes. 23 Q. And by "persistent," you understand that I 24 mean it's not biodegradable? 25 A. Yes, I understand that's what you mean. 50 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044669 1 Q. And am I also to understand that someone was 2 giving you fish tissue that someone at Monsanto had, 3 had, I guess, for lack of a better term, spiked with 4 PCBs ? 5 A. Well, you are getting into much more detail 6 than I recall with regard to that. 7 Q. What I'm trying-- 8 A. I do not--yes, I do, I do recall some 9 testing that--where PCBs were put in the water and 10 fish were exposed to them, yes. 11 Q. Okay, and what, what did you determine, what 12 did you determine with respect to the PCBs in the fish 13 tissue, if you recall? 14 A. That they were there or not there. I don't 15 recall specifically what the findings of those studies 16 were. 17 Q. Okay, I just want to make sure that I, I 18 understand it correctly that it wasn't Monsanto going 19 out and just plucking fish out of the water and having 20 you test it, these were samples that Monsanto created 21 for you so you could--so they could study the various 22 biodegradability in different medias, correct? 23 A. Not totally, no. I'm sure there were some 24 samples where someone, not necessarily Monsanto, but 25 someone had taken fish from the environment and we 51 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044670 1 were asked to do those analyses. 2 Q. Okay, and they would have taken them on 3 behalf of Monsanto? 4 A. Certainly possible, yes. 5 Q. Was it--do you recall if there were any 6 state agencies asking you to perform testing on fish 7 tissue? 8 A. I don't recall that, no. 9 Q. And then 19--you said approximately three 10 years later, you became a Senior Research Specialist. 11 How did your responsibilities change as a Senior 12 Research Specialist? 13 A. Well, primarily, I developed expertise in 14 combined gas chromatography, mass spectrometry, and 15 my--the area of samples that I analyzed broadened 16 considerably. 17 Q. Let's go back to your work as a Senior 18 Research Chemist. Who did you report to at, at 19 Monsanto? 20 A. My first supervisor was Dr. Scott Tucker. 21 Q. Am I correct that at that time, you didn't 22 have anyone reporting to you? 23 A. That's correct. 24 Q. During your time as a Senior Research 25 Chemist, did you have any involvement with the 52 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044671 Anniston Plant? A. Not that I recall specifically, no. Q. You said you don't recall specifically, but would someone in, in your position as a Senior Research Chemist have had conversations with the chemists at the various plants? A. It's possible, but I was focused on PCBs, and as I said, Anniston was no longer making PCBs at that time, so it's unlikely. I don't have any recollection of talking to anyone at the Anniston Plant-- Q. Sure. I understand. A. --in that time frame. Q. Okay, and I understand that Monsanto wasn't making PCBs at the time, but they--am I correct that they had PCBs in the soils at the Anniston Plant at that time? A. Well, that's a broad, general statement. I mean-- Q. Well, they, they either-- A. I mean they--as far as I know, there was no active research program going on to measure PCBs in soils at the Anniston Plant at that time. Q. Okay, as a Senior Research Specialist, who did you report to? 53 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044672 1 A. Dr. Martin Dietrich. 2 Q. And at that time, did you ever anyone 3 reporting to you? 4 A. No. 5 Q. And am I correct that all this work was here 6 in St. Louis? 7 A. That's correct. 8 Q. The first time you were a Senior Research 9 Specialist, did you have any involvement with the 10 Anniston Plant? 11 A. Not that I recall. 12 Q. And did you continue to do the same kinds of 13 samples that you would do, that you were testing for 14 PCBs levels as a Senior Research Chemist? 15 A. Much more limited amount of time spent on 16 PCBs issues at that point. 17 Q. What was your, what was most of your time 18 spent on? 19 A. Other product lines that Monsanto had. 20 Q. You said the area, you mentioned earlier the 21 area of samples broadened. Is that what you mean 22 by--well, tell me what you mean by that. 23 A. It's what I just said,-24 Q. Okay. 25 A. --that instead of focusing on PCBs, I, I 54 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044673 1 had responsibilities for a much broader range of, of 2 products, or for analytical testing on a much broader 3 range of products. 4 Q. Do you recall whether you tested any 5 products, any non-PCB products from the Anniston 6 Plant? 7 A. I don't recall doing that, no. 8 Q. Did the Anniston Plant have senior research 9 chemists at the plant location? 10 A. I don't know. I doubt it, because I was in 11 a research organization, and the plants were in plant 12 organizations, so I doubt if they had anyone with that 13 title but I, I could be wrong. 14 Q. Okay, but, but your--you don't recall that 15 they had a laboratory, there, at the plant, do you? 16 A. Yes, I know they did have a laboratory at 17 the plant. 18 Q. Okay, what did the, what did the plant 19 laboratories do different from what you did? 20 A. They primarily did quality control testing 21 on the products being manufactured at that plant. 22 Q. Sure. They determined if the products were 23 within the specifications that were identified in the 24 spec sheets, right? 25 A. That's my understanding, yes. 55 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044674 Q. So if they needed, if they needed anything done beyond that, they would have to go to St. Louis for that work; correct? A. Or other laboratories, depending on the particular product line. Q. Did Monsanto use any outside laboratories to do the work, or was it all done in-house? A. I believe the plants occasionally might use outside laboratories, but I don't know that specifically. Q. Why do you believe they might have done that? A. Well, because I know they do it now. Q. Okay. A. So it's likely that if they had fairly routine testing to be done, that they could use contract laboratories. Q. And by failing routine testing, I guess you mean testing beyond just the standard determination of whether they meet their product specs? A. Yes. Q. If, if someone at the Anniston Plant wanted fish tissue tested, would that be something that they would send to St. Louis or would they get an outside contractor? 56 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044675 1 A. In the time frame I was there, I have no 2 idea. 3 Q. Okay. Then around 1978, you became a Senior 4 Research Group Leader? 5 A. Yes. 6 Q. Is that correct? And who did you report to 7 at that time? 8 A. Dr. James Mieure, M-i-e-u-r-e. 9 Q. Do you know if Mr. Mieure is still alive 10 today? 11 A. I believe he is. 12 Q. Have you spoken to Mr. Mieure since --or when 13 was the last time you spoke with Mr. Mieure? 14 A. Probably two years ago. 15 Q. Do you recall what, what you spoke to 16 Mr. Mieure about? 17 A. I probably said "Good morning." 18 Q. How did your responsibility change as a 19 Senior Research Group Leader? 20 A. Well, at that point, I had people reporting 21 to me. 22 Q. You, you became more of an, an 23 administrator, looking over the work of, of the 24 research chemists and the specialists? 25 A. It was probably 50-50 supervisory and still 57 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044676 1 active laboratory work. 2 Q. And at that time, when you were doing the 3 active laboratory work, what was the breakdown of 4 your, of your testing with respect to PCB material 5 versus non-PCB media? 6 A. It went back up some. It was probably 25 7 percent or so may have been related to PCB issues. 8 Q. Do you know why it increased, why it went 9 back up? 10 A. Because I went to a group that had more 11 environmental responsibilities rather than product 12 responsibilities. 13 Q. Okay, what group were you with with the 14 Senior --as a Senior Research Chemist? 15 A. It was called Applied Sciences. 16 Q. And how about as a Senior Research 17 Specialist? 18 A. Called Environmental Sciences. 19 Q. And how about as the group leader? 20 A. No, wait. Wait. I'm sorry, I misspoke. 21 Q. That's okay. 22 A. As a Senior Research Specialist, it was 23 still Applied Sciences, then when I became a group 24 leader, it went to Environmental Sciences. 25 Q. And then sometime around '80 or '81, you 58 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044677 1 went back to being a Senior Research Specialist; is 2 that correct? 3 A. Yes. 4 Q. Within which group? 5 A. That was, that was within our corporate 6 research organization. The other, to clarify a little 7 bit, the other responsibilities were all within the 8 Industrial Chemicals Company, and at that point, I 9 transferred to the corporate research laboratories. 10 Q. And what did you do as a Senior Research 11 Specialist with the corporate research laboratories? 12 A. I did primarily mass spectroscopy on a 13 variety of Monsanto research products and projects. 14 Q. Any of those projects related to PCBs? 15 A. Very few; very small PCB responsibility in 16 that time frame. 17 Q. Okay. As a Senior Research Group Leader in 18 1978, in the time frame that you were the group 19 leader, did you have any involvement with the Anniston 20 Plant? 21 A. Not that I recall. 22 Q. How about when you went back to being a 23 Senior Research Specialist? Did you have any 24 involvement with the Anniston Plant? 25 A. That, I'm more certain that I did not. 59 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044678 1 Q. Why did you make the decision to go from 2 being a group leader back to a research specialist? 3 A. Frankly, I was probably not the best 4 administrator of people working for me. I didn't 5 enjoy that as much as I enjoyed working in the 6 laboratory. 7 Q. Were you asked to step down, or was that a 8 decision you just made on your own? 9 A. It was a joint decision with me and 10 management. 11 Q. And then I understand that you became a 12 Manager of Product Acceptability. 13 A. That's correct. 14 Q. And what year was that? 15 A. 1985. 16 Q. And again, that was, that was here in 17 St. Louis? 18 A. Yes. 19 Q. What does a Manager of Product Acceptability 20 do? 21 A. Well, that's a very broad, general question. 22 I can tell you what I did. 23 Q. What did you do? 24 A. I went to work for--with Mr. Craddock, who I 25 spoke of earlier, primarily to help deal with issues 60 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044679 1 involving PCBs on a corporate level. 2 Q. What PCB issues did you assist Mr. Craddock 3 with? 4 A. There were issues regarding implementation 5 of regulations, issues regarding development of 6 regulations, issues involving customer requests for 7 information on PCBs. A number of things. 8 Q. As a Manager of Product Acceptability, did 9 you have any involvement with the Anniston Plant? 10 A. Yes, I did. 11 Q. Okay, and which issues, the three issues 12 that you just mentioned, did those--were those all 13 involved at the Anniston Plant? 14 A. No, the primary involvement with the 15 Anniston Plant at that time was a, was an 16 environmental issue at the plant. 17 Q. And what year did that environmental 18 issue--what year was -- did you become aware of it? 19 A. In 1985, I believe. 20 Q. And what was the environmental issue? 21 A. The presence of PCBs in sediments in a 22 drainage ditch leading away from the plant. 23 Q. Was that the 11th Street drainage ditch? 24 A. That's what it's called now. 25 Q. What did you call it then? 61 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044680 1 A. A ditch. 2 (Laughter.) 3 Q. Were there any other--besides that ditch, 4 were there any other ditches leading from the, from 5 the Anniston Plant that you were aware of? 6 A. Well, that, that isn't the ultimate receptor 7 of waters from other ditches leading from the plant, 8 but that's, you know, that was the focus of the issue 9 at that particular point in time, was what's now 10 called the 11th Street ditch. 11 Q. Okay, where else were PCBs detected besides 12 that ditch at that time? 13 A. In Snow Creek. 14 Q. And that 11th Street, what we now know as 15 the 11th Street ditch connects to Snow's Creek? 16 A. Snow Creek. 17 Q. No "s"? 18 A. I don't know. Maybe it is, maybe there is 19 an "s." I've never used an "s. H 20 Q. We'll call it Snow Creek. 21 A. Okay. 22 Q. Any other, any other areas or media that 23 PCBs were detected in with respect to the Anniston 24 Plant at that time? 25 A. That's all I recall. That' s what the focus 62 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044681 1 was. 2 Q. Now, how did, if you recall, how did 3 Monsanto determine that there were PCBs present in 4 the, in the drainage ditch? 5 A. They took samples and had them analyzed. 6 Q. Prior to 1985, is it your testimony that, 7 that they didn't know PCBs were in the drainage ditch? 8 A. I--they did not have concrete scientific 9 information that they were in there. I would say 10 that's true, yes. 11 Q. When you say "concrete scientific 12 information," are you just simply saying they didn't 13 have--they hadn't done testing in the drainage ditches 14 to determine the presence of PCBs? 15 A. I don't know whether they had or not, but if 16 they had, I was not aware of it. 17 Q. You were not aware of any samples prior to 18 that time that showed PCBs present in that ditch? 19 A. That's correct. 20 Q. Do you know what prompted Monsanto to sample 21 the ditch? 22 A. Yes. 23 Q. And what prompted Monsanto to do that? 24 A. They were asked to do it by the--I don't 25 know whether it was the ADEM at the time or the 63 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044682 1 Alabama Water Improvement Commission, but I think it 2 was ADEM--they were asked by the state regulatory 3 agency. 4 Q. As Manager of Product Acceptability, who did 5 you report to? 6 A. John Craddock. 7 Q. Who did John Craddock report to? 8 A. Uh, William or Bill McCarville. 9 Q. Am I correct that Mr. Craddock was here in 10 St. Louis? 11 A. That's correct. 12 Q. While you were Manager of Product 13 Acceptability, how often would you visit the Anniston 14 Plant? 15 A. I believe I visited it once or twice ;once 16 for sure, maybe twice. 17 Q. So you were familiar with the layout as 18 least as it was in 1984? 19 A. I would say probably not that much, but 20 maybe generally. I was there: That's--you know. It 21 would be hard for me to separate anything different 22 from the way it was in 1984 or 1985 than it is today. 23 I, I don't remember any specific differences. 24 Q. When you were Manager of Product 25 Acceptability, who was the Director of Environmental 64 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044683 1 Affairs? 2 A. Bill McCarville. 3 Q. When you became the Director of 4 Environmental Affairs, was Mr. McCarville promoted to 5 another position? 6 A. No, he retired. 7 Q. Do you know how old he was? 8 A. Early sixties. 9 Q. Do you know why you were chosen as Director, 10 Environmental Affairs? 11 A. I guess because I was doing a good job at 12 the work I was doing before then. 13 Q. Again, you were Director, Environmental 14 Affairs through the Solutia spinoff until January 31st 15 of 2001? 16 A. That's correct. 17 Q. During your time as a Director, 18 Environmental Affairs--and that includes both time 19 with Monsanto and time with Solutia--what was your 20 role with respect to the Anniston Plant? 21 A. Primarily, to provide technical support, 22 scientific expertise on PCB issues. 23 Q. Which PCB issues? 24 A. All of them. 25 (Laughter.) 65 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044684 1 Q. I guess that's fair. 2 As Director, Environmental Affairs, which 3 PCB issues were you dealing with or was the Anniston 4 Plant having that you were dealing with? 5 A. Well, I don't know how much detail you want, 6 but primarily beginning in 1993, with the discovery of 7 PCBs in various environmental samples in Anniston, 8 there were, there were remediation issues, there were 9 analytical issues, eventually there were litigation 10 issues, you know, fate and transport issues. I mean, 11 I'm not trying to be, you know,-- 12 Q. I understand. 13 A. --a smarty pants. I was--you know, to the 14 extent that--I mean, my primary role at Monsanto and 15 then subseguently at Solutia was to be the internal 16 company resource on PCB and--issues and issues around 17 other legacy chemicals, and I, I had, you know, 18 maintained contact with the scientific literature, 19 scientific meetings, so I was primarily the person 20 within those two companies that had scientific, 21 technical background on PCBs, so whatever the issue 22 was, I was the point of first contact. I may or may 23 not have had the ultimate answers, but I was the point 24 of first contact. 25 Q. Now, you said when, when PCBs were detected 66 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044685 in 1993; is that correct? A. That's what I said. Q. Now, didn't you say earlier that PCBs were detected in 1985? A. Well, that--these were separate--yes. Q. Okay. A. But these were separate incidents or separate situations. Q. Explain how they were separate situations. A. Well, the 1985 situation was involved in the presence of PCBs detected in the sediments of what is now called the 11th Street ditch. Monsanto prepared a work plan or a proposal to remove those sediments that was eventually carried out, and that situation was closed. Q. Did Monsanto test in any other--besides the 11th Street ditch and Snow Creek in 1985, did Monsanto test any other media at or near the Anniston Plant? A. I do not believe so. Q. Now, what media did Monsanto test in 1993? A. Well, the, the situation was prompted by testing actually done or asked for by Alabama Power, not by Monsanto. The first tests were done on samples taken from a landfill, a former landfill that had been acquired by Alabama Power. 67 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044686 1 Q. A former Monsanto landfill? 2 A. That's correct. 3 Q. Do you recall what levels, in 1985 what 4 levels were detected in the 11th Street ditch, 5 approximate levels? 6 A. I don't recall specifically. 7 Q. Do you recall--maybe you don't recall a 8 specific, a specific number, but do you recall your 9 reaction to seeing the results of the 11th Street 10 ditch testing? 11 A. Well, I think I was a little surprised by 12 the, the levels of some of the samples. 13 Q. And is that the same for Snow Creek? 14 A. No, the Snow--the samples in Snow Creek were 15 quite low, actually. 16 Q. What's, what's low, in your mind? 17 A. Well, at that time frame, the important 18 cutoff point was the 5O-part-per-million disposal 19 cutoff that was--had been imposed by the Environmental 20 Protection Agency, so the numbers that I spoke of 21 being a little higher in the 11th Street ditch were 22 above that particular level. The levels in Snow Creek 23 were well below that and, I believe, you know, one to 24 two orders of magnitude below that. I mean, they were 25 levels that, that I didn't think were striking 68 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044687 1 compared to other levels in, in waterways in the 2 United States. 3 Q. PCBs, when you say, though, that PCBs aren't 4 naturally occurring, they're certainly manmade? 5 A. I--you know, we could quibble if we wanted 6 to, but I'll generally agree that they're, by far, the 7 biggest amount of them are man-made. 8 Q. Okay, educate me on, on that point. You 9 seem to, you seem to indicate that there, there are 10 certain situations where PCBs can, can be created in 11 the environment outside of--and by that, I mean 12 outside of a non--outside of a manmade PCB, that the 13 environment will somehow create these PCBs? 14 A. There is, there is some very small evidence 15 that PCBs can be naturally created in forest fires and 16 those kinds of situations. I'm not trying to tell you 17 that they account for the majority of PCBs in the 18 environment; I'm just telling you there is, there is 19 some evidence for the natural creation of PCBs and 20 other chlorinated compounds. 21 Q. Is that, is that an accepted premise in the 22 scientific world today? 23 A. I believe so. 24 Q. You are not, you are not saying that the 25 PCBs that were detected in the ditch or Snow Creek 69 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044688 1 were the result of such, such spontaneous creation, 2 are you? 3 A. No, I'm not. 4 Q. Do you know if, in 1993, there was any more 5 testing done in the 11th Street ditch? 6 A. There certainly was subsequent to 1993. 7 Q. Okay. 8 A. I don't know the exact time frame of that 9 testing. 10 Q. You said that, that the problem in 1985 was, 11 was taken care of and that sediments were removed? 12 A. That's correct. 13 Q. When were those sediments removed? 14 A. Approximately 1989. 15 Q. Do you know why it took four years from, the 16 from the PCBs being detected in the 11th Street ditch 17 in Snow Creek to the eventual removal in '89? 18 A. Not specifically, although I know we were 19 waiting for ADEM's approval of the work plan. 20 Q. Do you recall what, what size area was 21 tested in the 11th Street ditch? 22 A. Well, the testing was primarily from where 23 the unnamed tributary leading from the Monsanto plant 24 goes under the railroad tracks at 11th Street up to 25 its confluence with Snow Creek. 70 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044689 1 Q. In the areas that Monsanto removed these 2 PCBs and took care of the problem, has there, has 3 there, from--after that time, was there testing in 4 those same areas? 5 A. Subsequent to 1993, there was, yes. 6 Q. And does the testing show the presence of 7 PCBs in the areas where Monsanto removed PCBs? 8 A. There were some, yes. 9 Q. How do you account for that? 10 A. Primarily, movement of sediments from 11 further upstream of that ditch. 12 Q. And this is--when did, when did that plant 13 stop making PCBs? 14 A. 1971. 15 Q. Is that August 1971? 16 A. I don't know specifically the month. 17 Q. Somewhere around there? 18 A. The year is correct. 19 Q. So even, even more than a decade after they 20 stopped making PCBs, PCB levels within, within the 21 11th Street ditch varied due to, due to the mobility 22 of the PCBs; correct? Maybe--that's a bad question. 23 What I'm, what I'm trying to get at is, there, even 24 though, even though they stopped manufacturing PCBs, 25 the PCBs at the Anniston Plant continued to move 71 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044690 1 around. 2 MR. NASSIF: Object to the form. 3 MR. LANGLAIS: You can answer. 4 MR. NASSIF: Vague. Do you know what 5 "continued to move around" means? 6 A. Well, I can-- 7 BY MR. LANGLAIS: 8 Q. Let me ask it this way. Did PCBs continue 9 to migrate from the Anniston Plant into, into the 11th 10 Street ditch and Snow's Creek, after that removal that 11 you discussed in 1989? 12 A. I mean, the data we have would certainly 13 suggest that there was continuing movement of 14 sediments from ditches or creeks upstream of the 11th 15 Street ditch into the 11th Street ditch after 1989, 16 yes. 17 Q. And certainly, it certainly more than 18 suggests that, don't you agree? 19 A. I certainly don't have an alternative 20 suggestion-- 21 Q. Right. 22 A. --or an alternative theory, no. 23 Q. Did you assist in Monsanto's response to 24 EPA's CERCLA 104(e) request? 25 A. Yes-well, for which, which one? 72 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044691 1 Q. For the Anniston plant. 2 A. For PCBs? 3 Q. Yes. 4 A. Yes. 5 Q. What, what other 104(e) requests have you 6 assisted Monsanto with? And you understand by 7 "Monsanto, " I mean Solutia and Pharmacia, as well? 8 A. Yes, I do. I had some minor input into the 9 response on the request on information on lead. 10 Q. What was your input with respect to the 11 requests concerning lead? 12 A. Primary--primarily, to verify that, that I 13 still believed what was written to ADEM in my letter 14 to ADEM with regard to the lead pot process at 15 Monsanto --or at the plant in Anniston. 16 THE VIDEOGRAPHER: Excuse me, Counsel. It's 17 time for a tape change. 18 MR. LANGLAIS: Okay. 19 THE VIDEOGRAPHER: This will end tape number 20 1 in the deposition of Robert Kaley II. We are off 21 the record at 10:39 A.M. 22 (Pause to change video tapes.) 23 THE VIDEOGRAPHER: We're back on the record 24 at 10:45 A.M. This begins tape number 2 in the 25 deposition of Robert Kaley II. 73 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044692 1 MR. LANGLAIS: 2 Q. Mr. Kaley, I'm going to go back in a few 3 minutes and, and ask you some specific questions about 4 your role in, in assisting Monsanto or in responding 5 to the CERCLA 104(e) requests from EPA, but first, I 6 want to find out if you played any role in preparing 7 some other documents. Did you have any role in 8 preparing the Complaint against the Defendants in this 9 lawsuit? 10 A. No. 11 Q. How about the Amended Complaint? 12 A. No. 13 Q. Did you have any role in preparing Monsanto, 14 Pharmacia, Solutia's initial disclosures in this 15 lawsuit? 16 A. No. 17 Q. How about in preparing interrogatory 18 responses in this lawsuit? 19 A. I don't believe so. 20 Q. So if you are listed in the interrogatories, 21 do you believe that you are listed because your name 22 appears on documentation, maybe with respect to--well, 23 let me ask it this way. Do you know why you would be 24 listed in, in Plaintiff's interrogatory responses as 25 persons who assisted in, in the preparation of those 74 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044693 1 responses? 2 A. Probably because I assisted in the 3 preparation of those responses and didn't recall it in 4 response to your question. I may very well have 5 answered some questions that they had in that-6 Q. Okay. 7 A. --for that document. I don't know. 8 Q. We'll go through those. How about assisting 9 Monsanto with the preparation of responses to requests 10 for production? 11 A. Again, I don't recall, but I may have had 12 some minor role. 13 Q. Before we talk about your CERCLA 104(e) 14 request--responses, rather, I want to talk basically, 15 just some basics about biphenyls and PCBs. What are 16 biphenyls or diphenyls? 17 A. It's an organic chemical composed of two 18 six-membered benzene rings that are connected by a 19 bond. 20 Q. And am I correct that biphenyls are 21 precursors to, to PCBs? 22 A. Well, there's only one biphenyl. It is a 23 single, unique compound, and it is a--one of the 24 starting materials to make PCBs, yes. 25 Q. And biphenyl is produced by a process known 75 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044694 1 as pyrolysis of benzene; is that correct? 2 A. That's correct. 3 Q. Can you describe to me what happens 4 structurally to those rings to, to the benzene rings 5 in that process? 6 A. Well, in the--just in general terms, in the 7 presence of heat, one of the hydrogens is removed from 8 each ring and the, the two benzene rings are bonded at 9 the, at the position where those hydrogens have been 10 removed. 11 Q. Sure, so the hydrogens drop off one, one 12 carbon each on the, on the benzene rings and a, and a 13 bond is formed between the two carbons, now, of the 14 rings? 15 A. In general terms, that's correct, yes. 16 Q. Now, when we say--what's the difference 17 between PCBs and Aroclors, if there's any difference? 18 A. Well, PCBs, polychlorinated biphenyls, is 19 the term used to describe a family of chemicals that 20 have chlorines attached to a biphenyl ring. 21 Q. Okay. 22 A. Aroclor is a trade name originated by Swan 23 Chemical Company and taken over by Monsanto Company to 24 describe their product line of polychlorinated 25 polyphenyls, including PCBs, which were mixtures of 76 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044695 1 the various PCB cogeners. 2 Q. Describe for me--now you have biphenyl, and 3 now you are trying to convert that biphenyl to 4 polychlorinated biphenyls, basically, you are --you 5 want to have some of the hydrogens, hydrogen atoms 6 drop off and chlorine, chlorine atoms take their 7 place; is that correct? 8 A. Yes. 9 Q. How is that replacement, how is that 10 chlorination done? 11 A. Well, in, in simple terms, the biphenyl is 12 reacted with chlorine gas in a furnace in the presence 13 of heat and in the presence of what is called a 14 catalyst. It's a chemical that facilitates the 15 reaction but doesn't participate in it. 16 Q. And the degree of chlorination determines 17 the nature of the Aroclors we discussed earlier; 18 correct? 19 A. Yes. 20 Q. And by that, I mean the more chlorine atoms 21 that replace the hydrogen atoms, the more persistent 22 that, that PCB will be in the environment? 23 A. Well, that's, that's a very--I mean, that's 24 one aspect of the, the result of the chlorin--the 25 increasingly heavy chlorination of the PCBs. 77 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044696 1 Q. Sure. 2 A. I mean, there are a number of properties 3 that change, depending on the level of chlorination,-4 Q. Sure. 5 A. --but persistence in the environment is one 6 that is generally associated with higher chlorination 7 levels. 8 Q. As you increase the chlorination levels, 9 what other properties change? 10 A. Water solubility, vapor pressure, viscosity, 11 boiling point, you know, melting point, just about 12 every property that any particular chemical can have 13 is going to change. Physical state. 14 Q. Does the--as, as you go into higher 15 chlorination, does the solubility decrease or 16 increase? 17 A. Decreases. Water solubility decreases. 18 Q. And what happens to the vapor pressure as 19 you increase the chlorination? 20 A. The vapor pressure decreases. 21 Q. What's the practical--practically, what does 22 that mean as the vapor pressure decreases? 23 A. It means they evaporate less slowly. They 24 enter the air phase less slowly--I mean more slowly, 25 excuse me, more, more--the heavier the chlorination, 78 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044697 1 the more slowly they evaporate. 2 Q. Okay. So the lower the chlorination, the 3 quicker they evaporate? 4 A. Right. 5 Q. Okay. 6 A. Although that's still very slow for PCBs, 7 but relative to higher-chlorinated PCBs, it's more 8 rapid. 9 Q. And what happens to the boiling point? Am I 10 correct that the higher the chlorination, the higher 11 the boiling point? 12 A. That's correct. 13 Q. So the, the higher the chlorination, the 14 better, the better the PCBs would be to retain or to 15 avoid breaking down because of heat? 16 A. Um, yeah, that's generally true, yes. 17 Q. And you said "melting point." The higher 18 the chlorination, the higher the melting point? 19 A. Yes. 20 Q. Explain, explain the difference between the 21 melting point and the boiling point. 22 A. Well, the melting point is the point at 23 which it goes from a solid to a liquid, and the 24 boiling point is the point at which it goes from a 25 liquid to a gas. 79 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044698 1 Q. Okay. Now, would this be a true statement 2 that the higher the chlorination, the higher the 3 degree of chemical stability, the more stable the PCB 4 would be? 5 A. In general, that it is true. 6 Q. And by that, I mean, I guess, less reactive. 7 A. In general, that's true. 8 Q. What happens to--well, PCBs have a low 9 electric conductivity? 10 A. That's correct. 11 Q. Now, what happens to the conductivity as you 12 increase the chlorination? 13 A. I'm not sure it changes very much. 14 Q. Now, these are the characteristics that make 15 PCBs desirable as dielectric fluids; is that correct? 16 They are high boiling point, they are high degree of 17 stability, high flash point, and low electrical 18 conductivity? 19 A. Yes, I believe that-20 Q. Is that correct? 21 A. Those are certainly properties that do make 22 them desirable as industrial fluids, yes. 23 Q. Are there any other properties that, that, 24 that we've discussed--that, that we haven't discussed 25 with respect to making PCBs desirable for dielectric 80 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044699 1 fluids ? 2 A. There may be. Nothing springs to mind. 3 Q. Isn't it true that those same properties 4 that make this desirable for dielectric fluids also 5 are the same properties that make, make these PCBs 6 persistent in the environment? Would you agree with 7 that statement? 8 A. I would agree that for the PCBs that are 9 persistent in the environment --and not all of them 10 are--those are generally the properties, certainly 11 some of those properties can influence that. Things 12 like flash point and electrical conductivity do not 13 have any impact on the environmental persistence of 14 some PCBs. 15 Q. Which PCBs aren't persistent in the 16 environment? 17 A. Well, primarily, again, the ones that are, 18 that are more lowly chlorinated. 19 Q. Did, did Monsanto --did that Anniston Plant 20 manufacture PCBs that were not persistent in the--that 21 are persistent in the environment? 22 A. Certainly. 23 Q. Are you able to give me a breakdown of, of 24 those things that you consider, those PCBs you 25 consider to be persistent and not persistent? 81 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044700 1 A. Well, I can give you a rough, rough outline. 2 It's not hard and fast, but generally, polychlorinated 3 biphenyl cogeners that have, you know, three, or four 4 or less chlorines are not persistent in the 5 environment. Those that have, you know, five, six, 6 and more chlorines tend to be more persistent in the 7 environment. 8 Q. So those that have three to four are still 9 persistent, they're just not as persistent as those 10 are five to six? 11 A. Well, there again, you know, you are asking 12 questions that now are going to require splitting 13 hairs a little bit, because at that three and four 14 break point, some of the three and fours do persist in 15 the environment for periods of, you know, maybe days 16 or, or weeks. Some of them disappear very rapidly, 17 depending on, really, the location of the chlorines on 18 those particular molecules. 19 Q. The PCBs that were detected in 1973, now, 20 they hadn't done manufacturing at that facility since 21 1971, so that's, that's two decades. Would you say 22 that those PCBs are pretty persistent in the 23 environment? 24 A. Well, the PCBs that were first detected were 25 in a tar-like material in a landfill. Obviously, that 82 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044701 1 would increase their persistence, so I mean if they're 2 still there and that's your definition of persistence, 3 yes, I believe that, you know, they certainly lasted 4 that long in that matrix. 5 Q. But in '93, they were also detected in the 6 11th Street ditch, as well. 7 A. '94, '95, maybe. I think it was that long 8 before those samples were actually analyzed. 9 Q. Okay, but in the mid Nineties, they were 10 still being detected in the, in the ditch? 11 A. Some PCB cogeners were being detected in 12 samples from that ditch, yes. 13 Q. Do PCBs have a half-life, like radioisotopes 14 and things of that nature? 15 A. There is--I mean yes, there is something 16 that's described as a half life. It depends on the 17 specific cogener. There's, there's not a half life 18 for the big family of-- 19 Q. Sure,-- 20 A. --PCBs. 21 Q. --because -- 22 A. Each particular cogener has its own 23 particular characteristics and will have its own 24 particular half life in whatever matrix you're--you 25 choose to discuss. 83 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044702 1 Q. Right, and that's because of the varying 2 degrees of chlorination and, and it also has to do 3 with the matrix that, that the PCBs are in; correct? 4 A. And the position of the chlorines,-5 Q. Sure. 6 A. --on the rings. 7 Q. Now, getting to the position of the 8 chlorines, when, when Monsanto has a product called 9 Aroclor 1254, that 1254, that indicates, those numbers 10 indicate the positions on the, on the biphenyl ring or 11 on the ring where the chlorines are located; is that 12 correct? 13 A. No, that's not correct. 14 Q. Okay, what does, what does that number 15 reflect? 16 A. The 12 part of the number, the first two 17 digits, reflects the fact that the product is based on 18 distilled biphenyl, and the 54 represents the average 19 level of chlorination of the particular product. 20 Q. So 54, for that product I just mentioned, 21 Aroclor 1254, that would essentially be a little--the 22 average is a little more than five chlorinated 23 positions; correct? 24 A. Yes. It's right, pretty close to five 25 chlorines per molecule on average, although it 84 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044703 contains cogeners with, you know, one, up to six or eight chlorines, so it's important to remember that they're a mix and that that number is only an average Q. Sure. So there could be some within that mixtures that actually has more than five chlorinated carbons? A. No, there undoubtedly are. Q. And you were talking before how, how if it's got five to six, those represent some of the more persistent PCBs; is that correct? A. Relatively speaking, yes. Q. So Aroclor 1254 would be one of--by your definition, would be one of those more persistent PCBs? A. No, it contains PCB cogeners which are among the more specific. It also contains some that are not necessarily persistent. Q. Sure, and I understand that, but on average, I mean, I mean you all have the average in there -- A. Yes. Q. --of 54 percent. I mean--I, I understand what you are saying. I don't, I don't need to beat that horse. Let's talk about the lead pot process. When were you asked, what year were you asked to look into 85 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044704 1 the lead pot process that was performed at the 2 Anniston Plant? 3 A. I, my recollection is it was 1999. I don't 4 remember. Whatever the date on that letter is. 5 Q. Was that your first introduction to, to that 6 process, when you were asked to look into it? Did you 7 know what they were talking about when you were asked 8 to look into that process? 9 A. Um, that was my first introduction to that 10 process. 11 Q. And generally, that--well, not generally, 12 but that lead pot process was the process that was 13 once used at the Anniston Plant to make biphenyl? 14 A. That's right. 15 Q. To get to, get those--that--basically, it 16 was, it was to produce that product which is right 17 before the chlorination portion of it; correct? 18 A. Well, it was used to produce biphenyl. 19 Q. Sure, and biphenyls-20 A. And not all biphenyl went to the production 21 of polychlorinated biphenyls, so it was, I mean it was 22 the process used to create that particular product for 23 some period of time. 24 MR. LANGLAIS: Could I have this marked as 25 Defendant's Exhibit 1? 86 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044705 1 (Defendant's Exhibit 2 Kaley 1 marked for 3 identification.) 4 BY MR. LANGLAIS: 5 Q. I'm going to hand you what's going to be 6 marked as Defendant's Exhibit 1. 7 A. Okay. 8 Q. If you would, take a moment to look at that. 9 MR. TAYLOR: This is Jerry. When you are 10 doing exhibits, if there's a Bates stamp on it, could 11 go ahead and read that out -- 12 MR. LANGLAIS: Sure. 13 MR. TAYLOR: --for those of us that are on 14 the phone? 15 MR. LANGLAIS: Yeah, this is Bates 16 labeled--this is an October 12, 2000, letter, 17 beginning Bates label ADA 00-- 000135 through ADA 18 000157 . 19 MR. TAYLOR: Thanks. 20 THE COURT REPORTER: Could we go off the 21 record for a second? 22 MR. LANGLAIS: Sure. 23 THE VIDEOGRAPHER: We're off the record at 24 11:02 A.M. 25 (Discussion off the 87 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044706 CO CO 1 record.) 2 THE VIDEOGRAPHER: We're back on the record 3 at 11:05 A.M. 4 BY MR. LANGLAIS: 5 Q. Mr. Kaley, do you still need more time to 6 review what, what I've handed you, what's been marked 7 as Kaley Exhibit Number 1? 8 A. I suppose that depends on what question you 9 are going to ask, but not, not--as I sit here, I think 10 I'm ready to go. 11 Q. Okay. 12 A. I would say, though, this does correct my 13 recollection on the year at which I was asked to look 14 into this. It was 2000 and not 1999. 15 Q. Do you recall the month in 2000 when you 16 would have been asked to prepare this letter? 17 A. Um, sometime before October but not, not a 18 whole lot before October. I don't--well, maybe I do, 19 because I don't know whether I reference a ADEM letter 20 or not. I don't, I don't specifically recall. 21 Q. Does this appear to be a true and correct 22 copy of the letter that you sent to, to ADEM in 23 response to their request for information on lead use 24 at the Solutia's Anniston facility? 25 A. Yes, it does, except Attachment 1 is not Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044707 1 included; nor, apparently, is Attachment 2. 2 Q. Okay, do you know what--and I can't get into 3 this--this is how, this is how it was made available 4 to us. The numbers are sequential, so -- 5 A. Okay. 6 Q. --I can get into that. So you are saying 7 this is missing Attachment 1 and Attachment 2? 8 A. Well, without--apparently, just leafing 9 through it, it is apparently missing those two 10 attachments. Without further detail, I don't know 11 exactly what's missing, but, but certainly, there was 12 an Attachment 1. There's a cover sheet for Attachment 13 1, and Attachment 1 is not included, and there is an 14 Attachment 3, which would suggest there had been an 15 Attachment 2. 16 Q. Okay, can you flip through here and tell me 17 what Attachment 1 is in this letter? 18 A. I'm sure Attachment 1 was the standard 19 manufacturing process for biphenyl--yes, it was. The 20 Attachment 1 was the standard manufacturing process 21 for biphenyl, dated September 17th, 1957. 22 Q. Okay, and what was Attachment 2? 23 A. Attachment 2 was sampling and analysis 24 results for lead in groundwater, outfalls and soils, 25 although those appear to be what is attached behind 89 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044708 1 the sheet ADA 179 labeled "Attachment 3," so 2 apparently, those tables were included, the Attachment 3 2 tables were included, but there seems to be a cover 4 sheet for them missing, and they are misoriented with 5 regard to the Attachment 3 cover sheet. 6 MR. LANGLAIS: Okay. 7 MS. LAVEY: I'm going to jump in here and 8 suggest that, Jim, perhaps Attachment 2 is described 9 at the top of page 2. 10 A. I'm sorry, that was --you are right. I'm 11 sorry, I see a Table 11, and I saw that as 2. You are 12 absolutely right. I'm sorry for my mistake. All 13 right, Attachment 2 -- 14 MS. LAVEY: I'm sorry, I-- 15 A. Attachment 2--you are absolutely--thank you, 16 very much--Attachment 2 is a 1984 amendment to the 17 1979 SMP for polyphenyls. I'm sorry. Thank you for 18 that correction. Attachment 3 is apparently correct 19 as described in the doc--in the letter. 20 (Defendant's Exhibit 21 Kaley 2 marked for 22 identification.) 23 BY MR. LANGLAIS: 24 Q. Mr. Kaley, I'm going to hand you what I'm 25 going to mark as Kaley Exhibit Number 2. Take a look 90 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044709 1 at that exhibit. Let me know when you are finished. 2 A. I've flipped through it. 3 Q. Okay, does this appear to be the document 4 described as Attachment 1 in your letter to ADEM Bates 5 label--I mean marked as Kaley Exhibit Number 1? 6 A. It appears to be, yes. Certainly, the dates 7 correspond. 8 Q. Tell me, how is it that you were the 9 person--I'm sorry, strike that. How was it decided 10 that you would prepare this response with respect to 11 the lead request for information? 12 A. Well, primarily as I described my 13 responsibilities, I was the person who had technical 14 responsibility for PCB products, and it fell within my 15 bailiwick to, to try to prepare that response. 16 Q. Was it you that made the decision to prepare 17 the response, or did someone present this to you? 18 A. It was probably a joint decision among 19 several people. 20 Q. And who would have, who would have been 21 involved in that decision process? 22 A. I don't know, probably the remediation 23 people at the plant. I'm sure the attorneys had input 24 into it. 25 Q. Can you describe for me how you went about 91 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044710 1 responding to EPA CERCLA 104 (e) requests? 2 MS. LAVEY: Do you mean this one? 3 BY MR. LANGLAIS: 4 Q. I'm sorry, how did you go about responding 5 to the request for information on lead use at the 6 Anniston Plant? 7 A. Well, I tried to gather the, the standard 8 manufacturing processes for biphenyl and to read 9 those, to gain an understanding of what the lead 10 process, pot process was, how it was applied, and, and 11 what the environmental implications of that might be. 12 Q. Can you tell me which--was this the only SMP 13 that you looked at, the one references as Kaley 14 Exhibit 2 for the biphenyl process? 15 A. I don't specifically recall. My 16 recollection is that it is not, but that it was the 17 one that most clearly described the process. 18 Q. Now, this was--this lead pot process was a 19 process that--when did that first occur, by your 20 estimation, at the Anniston Plant? 21 A. When did they first start using it? 22 Q. Yes. 23 A. My understanding would have been from the 24 late 1920's, when they first started manufacturing 25 biphenyl. 92 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044711 1 Q. In this letter, you say 1928. Is that an 2 accurate start date? 3 A. No, I say approximately 1928, so yes, I'm 4 sure it's, it's accurate. 5 Q. So this lead pot process occurred at the 6 Anniston facility from late 1920's, approximately 7 1928, through 1964; is that correct? 8 A. Yes, although it was only used 9 intermittently for the last several years of that time 10 frame. 11 Q. Do you recall reviewing any other documents 12 besides the standard manufacturing process for 13 biphenyl in, in assisting you with the preparation of 14 this response? 15 A. Well, certainly, I--the, the Attachment 2, 16 as was pointed out to me, was a 1984 amendment to a 17 1979 standard manufacturing process for polyphenyls. 18 I clearly reviewed that, and I clearly reviewed the, 19 the analytical results that are attached as Attachment 20 3 . 21 Q. Do you think if you had reviewed other 22 documents, you would have noted in that this letter? 23 A. Not necessarily, no. 24 Q. Why is that? 25 A. Well, I was only noting, I was only 93 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044712 1 attaching to this letter those documents that I had 2 relied on specifically and that I felt provided 3 information to the reader, so I clearly--if there were 4 other documents I reviewed that said things less 5 clearly or didn't, in fact, contain relevant 6 information, I would not have referred to them. 7 Q. Now, based upon this letter, is it your 8 testimony that the only process used at--the only 9 process at the Anniston Plant in its history that used 10 lead was the lead pot process? 11 A. That's my understanding, yes. 12 Q. And that understanding is based upon your 13 review of the documents that you've just discussed? 14 A. Right, and discussions with other people at 15 the Anniston Plant. 16 Q. What documents did you review to determine 17 whether or not there had been other lead processes 18 used at that plant? 19 A. I believe somewhere, I've seen a list of the 20 products from that plant, and none of them seemed to 21 have any involvement with lead whatsoever. 22 Q. And is it your testimony that you took a 23 product list, historical product list and walked 24 through that list and had discussions and reviewed 25 documents to determine which processes contained lead? 94 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044713 1 A. Well, that's probably a little more official 2 sounding than what I did, but I believe I looked at 3 the, the list of doc --or the list of products, in my 4 own mind as a chemist made a decision that lead would 5 not have been involved in, in those as either a 6 reagent or a product in those materials, and then I 7 also had discussions with, with Anniston Plant 8 personnel to confirm that and to check their 9 recollection. 10 Q. Which, which people did you--who did you 11 speak with with respect to the lead pot process? 12 A. Primarily, Jerry Brown. I'm not -- 13 Q. Is Jerry down someone who actually performed 14 the lead pot process at that Anniston Plant? 15 A. I believe not. I don't think so. I think 16 he came after the lead pot process had been shut down. 17 I'm not sure. It was about the same time frame. 18 Q. In preparing this letter, and, and even if 19 you have the information now, have you identified any 20 former employee, current or former employees who had 21 involvement with the actual manufacture of biphenyl at 22 the Anniston Plant using the lead pot process? 23 A. I have not. 24 Q. So your determin--this letter, here, that 25 you've sent to ADEM is based upon discussions with 95 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044714 1 employees who didn't actually do the process and your 2 review of SMPs, or standard manufacturing process 3 documents for biphenyl? 4 A. I would say an employee, Jerry Brown, not 5 employees. Yes, that's correct, other than that. 6 Q. And did you--and so am I to also understand 7 that you didn't speak to anyone else besides Jerry 8 Brown about the lead pot process? 9 A. Not that I recall. 10 Q. Why would Jerry Brown have knowledge about 11 the lead pot process? Why would you go to him? 12 A. Well, because he had discussions with other 13 people about the lead pot, lead pot process. He was 14 at Anniston, and had the opportunity, and knew various 15 people to talk to, so I relied on him to have those 16 discussions and relay the information to me. 17 Q. Did Jerry Brown--in your discussions with 18 Jerry Brown, did he, did he identify any, any persons 19 who were still alive that were involved in the actual 20 production of biphenyl using the lead pot process? 21 A. If he did, I don't remember. 22 Q. Was Jerry Brown at the Anniston Plant at the 23 time the lead pot process was being used? 24 A. I think I answered that before. I do not 25 believe he was. 96 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044715 1 Q. No -- 2 A. I think he came after 19--shortly after 3 1964. That's my recollection. 4 Q. All right. 5 A. I could be wrong, but that's my 6 recollection. 7 Q. Okay. Who directed you to go to Jerry Brown 8 to discuss the lead pot process? 9 A. No one. That was my own initiative. I 10 mean, Jerry is known to be one of the, if not--I'm not 11 going to say one of, probably the most knowledgeable 12 person about historical operations at the plant. 13 Q. I know you can't remember their names, but 14 did you inquire, did you, did you ever think to talk 15 to any of the people that Jerry Brown told you he, he 16 spoke with about the lead pot process? 17 A. I certainly didn't speak to any of them. 18 Q. Why wouldn't you--if Jerry Brown identified 19 someone who actually did the lead pot process, why 20 wouldn't you have spoken to them? 21 MR. NASSIF: Object to the form. 22 BY MR. LANGLAIS: 23 Q. (Continuing) Well, let me ask it this way. 24 Is it your testimony that, that Jerry Brown didn't 25 identify, didn't, didn't let you know that he had 97 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044716 1 spoken to people about the lead pot process? 2 A. Jerry Brown--no, it's not my testimony. 3 Q. Okay. 4 A. I would say that Jerry Brown did speak to 5 people, trying to find out about the lead pot process 6 but that if he mentioned any names to me, I don't 7 know, remember who they were, nor do I remember if 8 they even had direct involvement on the ground with 9 the lead pot process. 10 Q. And when was the last time you've spoken 11 with Jerry Brown, if you recall? 12 A. Probably, maybe one to two years ago. 13 Q. When was the last time you spoke to Jerry 14 Brown about the lead pot process? 15 A. Probably within months of the date of this 16 letter. 17 Q. Did Mr. Brown indicate any, any other 18 documents that you should look at with respect to the 19 lead pot process? 20 A. Not that I recall. 21 Q. Did Mr. Brown--did you speak to Mr. Brown 22 with respect to just lead generally at the facility? 23 A. Yes. 24 Q. Not just the lead pot process? 25 A. Yes. 98 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044717 1 Q. Do you recall what those discussions would 2 have, would have been about? What would they have 3 involved? 4 A. His, his only other recollection of lead at 5 that plant was the use of lead in some plumbing in a 6 laboratory building which was razed and then the 7 materials were sent to put in the landfill at 8 Anniston. 9 Q. Do you recall how many documents or how 10 many--do you recall how many documents you reviewed 11 in, in ruling out whether or not other lead processes 12 were used at the plant? 13 A. I don't recall. I don't recall anything 14 specifically other than generally looking at a, at a 15 list of products. 16 Q. So you looked at a list of products and you 17 spoke with Jerry Brown, and you, based upon, based 18 upon that review and your background in chemistry, you 19 determined that none of those processes would have 20 involved lead? Is that correct? 21 A. Basically, yes. 22 Q. So you didn't do any extensive document 23 review of, of all the documents that Monsanto had in 24 its possession to determine if, if they used lead in 25 other--in any of the processes, did you? 99 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044718 1 A. No. 2 Q. Now, we discussed earlier that biphenyl is 3 produced by the pyrolysis of benzene, also known as 4 benzol; is that correct? 5 A. Uh, which, which is the question? That we 6 discussed it, or that-7 Q. That we discussed it. 8 A. --benzene is known as benzol? 9 Q. That we discussed it. 10 A. Yes, briefly, yes. 11 Q. And "benzol" is another term for, for what? 12 A. I believe it's a term that was previously 13 used to describe benzene. 14 Q. Now, why don't you, why don't you describe 15 for me the, the lead pot process that was used at the 16 plant from approximately 1928 through up to and 17 including 1964. 18 A. Well, my understanding is that there were 19 stainless steel containers containing molten lead 20 through which benzene was bubbled. The molten lead, 21 coincidentally, or luckily, or something was, the 22 melting point of lead was at about the right point for 23 the optimum conversion of benzene to biphenyl. The 24 biphenyl was then collected after its production and 25 distilled to make product-quality material. 100 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044719 1 Q. Would you turn to--you reference in the 2 letter a flow sheet attached to Attachment 1 which 3 we've now identified as Kaley Exhibit 2. Would you 4 turn to that flow sheet? 5 A. Okay. I'm on there. 6 MR. LANGLAIS: Okay, and that's--for people 7 on the phone, and for the record, it's marked as NWV 8 018270, and also as DSW 048627. 9 MS. LAVEY: Also for the folks on the phone, 10 it's also Papageorge Defendant's Exhibit 9. 11 MR. LANGLAIS: Did you--that's a good point. 12 Did you speak with William Papageorge or think to 13 speak to Mr. Papageorge about the lead pot process? 14 A. No, I didn't. 15 Q. Do you know who the plant manager was at the 16 time in 1964, when this process was still in use? 17 A. Not specifically, no. 18 Q. What do you mean, "not specifically"? 19 A. Well, Bill Papageorge was there in the late 20 1960's. I don't know whether he was there in 1964 or 21 not. 22 Q. Who was, who was the plant manager prior to 23 Bill Papageorge? 24 A. I don't know. 25 Q. Did you ever, did you ever--did you look 101 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044720 1 into, into Monsanto--did you ever make a request upon 2 people at Monsanto to identify, to identify people who 3 would still be alive that had involvement with the 4 lead pot process? 5 A. No, I didn't. 6 Q. Wouldn't it have made sense to, to maybe 7 ask--surely, surely people who retired from Monsanto 8 receive retirement benefits, right? 9 A. I suppose they still do. I don't know. 10 Q. And wouldn't it have been, maybe, a good 11 idea to go and seek those records out to determine if 12 there were any employees who were around at the time 13 that that lead pot process was being done? 14 A. I relied on Jerry Brown to inquire among the 15 people that he thought was appropriate. 16 Q. But wouldn't it have been--so you are 17 getting secondhand information through Jerry Brown? 18 A. That's correct. 19 Q. Did Jerry Brown write the letter? 20 A. No, he didn't. 21 Q. Did he, did he review the letter? 22 A. Yes, he did. 23 Q. Okay, and was he the one who kind of signed 24 off on this? I mean, who authored the letter? 25 A. I did. 102 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044721 1 Q. Okay, and Jerry Brown read it to see if it 2 was accurate in his mind? 3 A. That's correct. 4 Q. And it was, and it was based upon Jerry 5 Brown's discussion with these people whose names we 6 don't know, right? 7 A. Well, to the extent that he learned anything 8 different than what's in the SMP, which I don't 9 believe he did necessarily, I don't recall any 10 specific findings from his discussions, that part of 11 it he was--relied on those, but primarily, the letter 12 was based on the things in here that it says it was 13 in, was these, these documents. 14 Q. In 2000, in your position, wouldn't you have 15 had the ability to make a request upon, say, Human 16 Resources within, within the company to give you a 17 list of personnel who worked during, during that time 18 frame? At least, at least during the early Sixties? 19 A. I suppose I could have made--found someone 20 to whom I could have made such a request, yes. 21 Q. Sure. Wouldn't it make sense to you to 22 actually talk with someone who did the lead pot 23 process, as opposed to speaking with someone who 24 talked to someone else about the lead pot process? 25 A. No, I believe for the purposes of responding 103 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044722 1 to this letter, speaking to Jerry was, was the 2 appropriate route to take. 3 Q. You made a determination in your letter that 4 there was no--well, let me ask it this way. Is it 5 your testimony that there was no lead waste generated 6 as part of the biphenyl process using the lead pot 7 process? 8 A. No, I don't think that's necessarily-- 9 Q. What determination, what determination did 10 you, did you make with respect to that? Certainly, 11 the, the ADEM and EPA were interested in knowing 12 whether or not this process generated waste that 13 contained lead; is that correct? 14 A. No, I believe they were interested in 15 knowing if it generated, or if there was a potential 16 for lead from this process to be discharged into the 17 environment. 18 Q. Okay, I'll use your own words. Did 19 you--what did you determine with respect to the 20 potential of discharge of lead from this process to 21 the environment? 22 A. I concluded that it was unlikely, if not 23 impossible, that lead from this process would have 24 been discharged into the environment of greater 25 Anniston. 104 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044723 1 Q. Now, talk me through how you went about 2 making that determination. 3 A. Well, as I describe in the letter, I looked 4 at, at the documents, the flow sheet, there's a lead 5 trap at the, at the end of the final converter which 6 would have trapped most, if not all of the lead that 7 was carried through the process. Lead's boiling point 8 is--I don't know, whatever I say it is in here9 melting point, I'm sorry, is like 300 degrees. There 10 are other discussions in here of temperatures at the 11 various points in the process, all of which were well 12 below the melting point of lead, so any lead that 13 had--could have been entrained in the process would 14 have dropped out before and into the lead trap or 15 other parts of the process before it could have 16 escaped from the process. It was a tightly controlled 17 process. It had to be because of the dangers of fire 18 from the benzene so there weren't fugitive emissions. 19 I mean, that's basically my thought process. 20 Q. Okay, that's, that's a, that's a theoretical 21 process, as opposed to an experimental. You are 22 familiar with the distinction between those two as a 23 chemist; right? 24 A. Well, the process didn't exist at the time I 25 was doing this letter, obviously, so I couldn't have 105 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044724 1 done any experiments on whether lead was being 2 discharged or not. 3 Q. Sure. In fact, you've never, you've 4 actually never seen, you've actually never seen the 5 lead pot process, so your theory is, is that there was 6 no discharges of lead; correct? 7 A. My conclusion is that there was no 8 discharges of lead. I'm not sure it's--I don't know 9 what you mean by a theory. It's my conclusion based 10 on my review of these documents. 11 Q. But how can you conclude that no lead was 12 released from lead pot process--well, let me ask you 13 this. Is it your testimony that no lead was released 14 from the lead pot process between 1928 and 1964? 15 A. No, it's my conclusion that, that based on 16 my review of the documents, the discharge of lead from 17 this process into the greater Anniston environment was 18 very unlikely. Subsequent to that, as the letter goes 19 on to say, we have environmental results, testing on 20 both the plant site and off the plant site which 21 suggest that that conclusion is true and that elevated 22 levels lead were not detected at areas where you might 23 expect them had that process been discharging lead. 24 Q. But again, since, since you weren't there at 25 the time at any point during the time that this 106 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044725 1 process was being done, it's only your theory that, 2 that lead, it was very unlikely that lead was 3 released; is that right? 4 A. Well, no, because I think if lead had been 5 relea--I think if, if lead had been released, it would 6 have been detected either at the plant site or in, in 7 a pattern consistent with discharge from the plant 8 site, and it was not. 9 Q. Okay. 10 A. I think we have experimental verification 11 that lead at above background levels was not 12 discharged from that process. 13 Q. And did you--do you recall where the testing 14 was done? Was it done all over the entire plant, or 15 where was the testing for lead that you refer to done? 16 A. I don't recall specifically, but I think 17 there is a document that describes that somewhere. 18 Q. Let's, let's start, let's start with 19 the--let's start at the very beginning of the process. 20 Now, what--how did--what did you determine with 21 respect to how the Anniston facility received in the 22 lead? Like, what form did the lead come in? 23 A. I don't know that I determined that 24 specifically. It would have come -- 25 Q. Did it come in chips? 107 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044726 1 A. --in blocks--no, I'm sure it would have come 2 in ingots. I'm not sure, but my supposition is it 3 would have come in ingots, and then I think--yeah-4 Q. So it would have come in some form, we're 5 j ust-6 A. Sure. 7 Q. --squabbling over the size, at this point; 8 right? 9 A. I'm not squabbling. I'm saying I don't 10 know, but I suspect it came in ingots. 11 Q. And so what, what would have had to have 12 happened is then they take this lead and they do what 13 with the lead? 14 A. They put it in the pots and turn on the 15 heat. 16 Q. And then melt it, right? 17 A. (Nods head in affirmative manner). 18 Q. As part of that melting of the lead, was 19 there, was there not lead dross formed? Do you know 20 what lead dross is? 21 A. I have a general understanding of what it 22 is. 23 Q. What do you think dross is? 24 A. It's insoluble materials in any kind of 25 process. In this case, it would have been materials 108 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044727 1 that were insoluble in the, in the, the lead, itself. 2 Q. Impurities, right, basically? 3 A. Or byproducts formed during the process. 4 Q. Okay, but it would be certainly--we'11 call 5 them non-lead, non-lead material would have formed, 6 maybe, maybe with, with some, with some lead inter- 7 intertwined in that, that dross that's floating on top 8 of the lead. Is that right? 9 A. Well, my understanding is that occurred 10 during the running of the process, not during just the 11 melting of the, or would have occurred during the 12 running of the process, not during just the melting of 13 the lead, but aside from that, I basically agree with 14 you. 15 Q. Explain that to me. They, they come in with 16 these lead ingots and they put them in the pot and 17 they melt it. At that point, does, does lead dross 18 not, not form at the top of this lead pot? 19 A. Frankly, I don't know. 20 Q. Right, because you weren't there; right? 21 A. I was not there, that's correct. 22 Q. And you didn't speak, you didn't actually 23 speak to anyone who actually watched the process? 24 A. That's correct. 25 Q. And you can't sit here today and tell me 109 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044728 1 that Jerry Brown spoke to anyone who actually watched 2 the process? 3 A. I do not know specifically or not. 4 Q. It's your testimony, am I right that Jerry 5 Brown didn't actually do the lead pot process? 6 MR. NASSIF: Objection: Asked and answered 7 twice. 8 BY MR. LANGLAIS: 9 Q. Is that your testimony? 10 A. That's my understanding, yes. 11 Q. Okay, so, so again, your--you can only 12 theorize as to what happened with, with the dross; 13 right? 14 A. Well, again, I, I don't want to quibble over 15 your word "theorize," but I reviewed what it says I 16 reviewed and I came to my conclusions based on that. 17 If you want to call that a theory, then that's 18 correct, but it's, you know, based on my review of the 19 documents, I came to my conclusions. 20 Q. Right, but it's clearly, your knowledge with 21 respect to this process is clearly not personal 22 knowledge. 23 MR. NASSIF: Objection: Asked and answered 24 at least twice. 25 BY MS. LAVEY: 110 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044729 1 Q. (Continuing) You can answer. 2 A. That is correct. 3 Q. Okay, what did--so you would agree with me 4 that dross did form during the melt process of lead; 5 right? 6 A. No, I would not agree with you. 7 Q. Okay, then explain why dross would not have 8 been formed during the melting process of lead. 9 A. Because I don't know whether there were 10 impurities in the lead that was put in those pots to 11 melt which would have risen to the top as dross. I 12 would suspect that it didn't form during just the 13 melting process. I know lead dross did form in those 14 units and was removed. My understanding was that it 15 was a development during the running of the process. 16 Q. Okay. 17 A. But if you have other information that says 18 it formed during the melting, I'm not going to quibble 19 that with that. I don't know. 20 Q. It formed during the process. 21 A. Yes. 22 Q. You'll give me that, right? 23 A. Certainly. 24 Q. What did, what did Monsanto do with that 25 lead dross? Ill Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044730 A. It's my understanding that it was taken off and put in the landfills on the plant site. Q. Okay, and does--did you ever do a--do you know what a TCLP test is for, for toxicity for lead? A. Generally, yes. Q. Okay, what do you, what do you think a TCLP test is? What does it, what does it look at? A. A test coming from a landfill to see if it has certain toxicity characteristics Q. Did you ever do a TCLP test for any of the landfills at Monsanto? A. I didn't. Q. Do you know if they were done? A. I don't know specifically whether they were done or not, no. Q. Well, if lead went into the landfill, if the lead dross went into the landfill, do you think that that lead dross would have contained some component of lead? A. That's a legitimate conclusion, yes, some, some amount or another Q. Is there any reason to think that that lead would not have leached from the landfill? A. I think they have some of the data that has been submitted to ADEM shows there is not lead in 112 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044731 1 landfill leachates. 2 Q. But you don't, you don't have any, as you 3 sit here today, you didn't actually perform the TCLP 4 test? 5 A. I think we've established that,-6 Q. Right, and you-7 A. That's correct. 8 Q. --don't--do, do you recall--and you don't 9 recall when, when TCLP tests were performed? 10 A. I don't even recall if they were performed. 11 Q. Right. Okay. I'm just trying to determine 12 what, what personal knowledge you have about that. 13 Now, you call--so once this lead is melted, 14 what happens in the process next? 15 A. The benzene is vaporized and bubbled through 16 a series of three lead pots to form biphenyl. 17 Q. Is that first, that first lead pot where, 18 where this lead is melted, is that, is that closed 19 top? 20 A. Yes, I believe they're all closed. 21 Q. Okay. 22 A. It has to be an air-free process. 23 Q. All right. 24 A. Or I mean an enclosed, airtight process. 25 Q. And is it your testimony that there--well, 113 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044732 1 let me ask you this: Were there any emissions coming 2 from that process? 3 A. I don't know. Based on my understanding of 4 this process and the environmental results from the 5 Anniston Plant, if there were, they were very small-6 Q. Did you-7 A. --and, and not measurable. 8 Q. Did you test offsite for lead, off the 9 Anniston plant, or was it just--was the, was the 10 testing that you are referring to that confirms the, 11 what you were discussing earlier that no lead was 12 discharged through the process or it was unlikely, did 13 that testing involve only on-site testing or offsite 14 testing? 15 A. I didn't do any of the testing personally 16 myself. The results, I believe, were, without going 17 into a great deal of detail, were both on-site and 18 offsite testing. 19 Q. So if, if--so what were the, what were the 20 indications offsite for lead? 21 A. My recollection is that in the drainage 22 patterns from, leading away from the Anniston Plant, 23 that the levels of lead in the sediments were no 24 higher or maybe even lower than they were in Snow 25 Creek upstream of the plant where our discharge 114 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044733 1 entered Snow Creek. 2 Q. Are you aware if Monsanto ever did any air 3 modeling at the facility? 4 A. I'm not aware of any. 5 Q. And certainly, they wouldn't have, they 6 wouldn't have done any air modeling at the time this 7 process was in, was in use; right? 8 A. I don't know. 9 Q. I guess my point is this: Isn't it possible 10 that, that there were emissions from that lead pot 11 process? 12 A. I--there is certainly no evidence that there 13 are any emissions from that process that lead to 14 elevated levels of lead, either on our plant site or 15 in the Anniston environment,-16 Q. So -- 17 A. --consistent with operations in our plant. 18 Q. So is it your testimony that a process that, 19 that was being done in 1928 had no, no emissions to 20 the air? 21 A. It's my testimony that it had no impact on 22 lead levels in the Anniston area. 23 Q. That's not my question. My question is 24 whether or not that process had emissions. 25 A. I don't know. 115 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044734 1 Q. You can't say either way whether or not, 2 whether or not it had emissions? 3 A. At some level or not, no, I can't say. 4 Q. And you are--you can't testify that there 5 were no lead emissions from that process? 6 A. No, I cannot. 7 Q. You cannot, and you are, you are simply--you 8 are theorizing that because lead wasn't detected at 9 the Monsanto plant and maybe on the perimeter of the 10 Monsanto plant, that there mustn't have been lead 11 emissions from that process. Is that your testimony? 12 A. My testimony is that based upon my review of 13 the documents that I had available to me and the 14 environmental measurements for lead both on and off 15 the plant site, that there were not significant 16 emissions of lead from that process. 17 Q. So we have, so far in your closed system, we 18 have lead dross being, being disposed in a landfill. 19 Typically, when I think of, when I think of a closed 20 system, I think of a, a system where, where there is 21 no waste. Is that, is that your, your definition of a 22 closed system? 23 A. Well, no. I don't think that's the 24 definition at all. 25 Q. Okay, so you-- 116 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044735 1 A. I mean, certainly, there can be waste coming 2 out of a closed system, and I mean when the system was 3 operating, it was closed. Obviously, to get the lead 4 dross off the lead pots, it had to be opened at that 5 point. 6 Q. Sure, and at that point, there was very 7 likely emissions. 8 A. At some level, there may have been. I 9 don't, I don't know. 10 Q. Well, you theorized on everything else. 11 Now, will you theorize with me on this, that if you 12 open up, if you open up one of the vat that contains 13 molten lead, that there will be emissions of lead from 14 that molten lead into the, into the air? 15 MR. NASSIF: I object to the form of the 16 question. The witness has consistently said he did 17 not agree with your use of the term "theorized." He 18 has given you his testimony. He has said at least 19 three times, "No, I don't understand what you mean by 20 'theorize'" and then he's answered his questions. 21 BY MR. LANGLAIS: 22 Q. (Continuing) Well, this is what I mean by 23 "theorize." You've, you've concluded that because you 24 haven't detected lead at the, at the Monsanto Anniston 25 Plant, that there mustn't have been lead releases or 117 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044736 1 it is very unlikely that there were lead releases from 2 that, from that lead pot process. 3 A. There were not lead releases at a level 4 which impacted environmental measurements of lead in 5 the Anniston community. 6 Q. Yeah, but-7 A. Yes, I have concluded that. 8 Q. But again, you are, you are changing my 9 question. What I, what i want to know is, I don't 10 care about the levels that would, would require 11 action, I want to know if there were, if there were 12 lead discharges from this lead pot process, and you 13 are changing, when I ask you that question, you are 14 changing my answer to, to discharges that would have 15 an impact on. Do you see that? 16 A. Yes, I understand what you are doing and I 17 understand what my answers are, and I believe my 18 answers are consistent with what I said in this 19 letter, that based on my review of the documents and 20 the environmental measurements for lead in the 21 Anniston community, that there were not measurable or 22 significant impacts or releases of lead from that 23 process into the Anniston community. 24 Q. But you, you can't testify that there were 25 no releases? 118 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044737 1 A. I can testify that there were no releases 2 that had impact on environmental sampling levels. 3 Q. Okay, on a process that, that, that ended 4 what? Ten, ten years before you even showed up? 5 A. That's correct. 6 Q. Now, let's, let's go back to the process. 7 After the molten--the lead is melted and you 8 bubble--and in that first chamber, in that first pot, 9 you put molten, you put--you bubble benzene through 10 that molten lead; is that correct? 11 A. Yes, that's correct. 12 Q. Describe for me what happens, what happens 13 next. 14 A. Well, the benzene is converted to biphenyl. 15 Q. Okay, and then, then it goes into--what I 16 want you to do is I want you to walk me through the 17 three pots that--I want you to walk me through this, 18 this flow sheet. 19 A. Okay. Well, there's a feed tank at which 20 the benzene is stored. The benzene is put into a 21 vaporizer to get it into a gaseous state. The first 22 two pots are called preheaters. They're basically 23 what that says; they're basically there to get the 24 benzene up to the temperature it's going to take to do 25 a--the most efficient conversion to biphenyl, but 119 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044738 1 certainly, there is some conversion to biphenyl in 2 those preheaters as some of the benzene gets up to the 3 right temperature. By the time it gets to the third 4 converter, the benzene and the pots are at the correct 5 temperature to create biphenyl. The biphenyl is then 6 in a gaseous state. It will--it goes to a lead 7 trot--trap where any lead that was either entrained or 8 vaporized would be precipitated out of the biphenyl 9 due to the changes in temperature. It then goes to a, 10 a distillation column where the biphenyl is distilled 11 to collect pure product. The condenser then converts 12 that gaseous biphenyl into the--a liquid product and 13 goes to the catch tank, where it is collected and, and 14 cooled so that it can be used. 15 Q. So am I to understand that all this molten 16 lead, as you bubble the, as you bubble the benzene 17 through, all this molten lead, everything goes from, 18 from a liquid to, to this gas and there is no 19 lead--there is no liquid material left over in any of 20 the pots? 21 A. Well, no, the lead, liquid lead remains 22 almost totally in the pots. 23 Q. Right. 24 A. There's only very small amounts of lead, if 25 any, that are carried with the product into the lead 120 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044739 1 trap where those small amounts, if any, are 2 precipitated out of that stream. 3 Q. Sure. What did the--based upon your, your 4 inquiry, what did the Monsanto Anniston Plant do with 5 this liquid lead? Did it just continue to use it as 6 part of the process? Did they just add more lead to 7 it? I mean, describe for me what happened there. 8 A. Yes, they just added more lead to it, as, 9 as, if necessary, in the levels in the pot, they added 10 more lead to it. 11 Q. Why would they have to add more lead? There 12 must have been lead losses. 13 A. Well, there was some small amount, 14 certainly. There was lead put--that was being caught 15 in the trap, so certainly, there, there was lead 16 leaving the lead pots and being trapped in the lead 17 trap. 18 Q. And, and, and being trapped in the, the 19 dross that we discussed earlier. 20 A. To the extent there was any. I don't know, 21 I don't know how much dross was formed, but to the 22 extent there may have been some lead involved in that 23 dross, yes. 24 Q. How much--how big were these traps? Do you 25 know? 121 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044740 1 A. How big were the traps? 2 Q. Yeah, the lead traps. 3 A. I, if I know, I don't recall. 4 Q. Okay, how much lead was trapped in those 5 lead traps? 6 A. I don't know. 7 Q. Do you know how often the lead traps were 8 cleaned out? 9 A. Not as I sit here, no. 10 Q. Do you know where the material that was set 11 inside the lead traps was, was put? 12 A. Back in the pots. 13 Q. They just kept putting it, putting it back 14 in? 15 A. Sure. It was used--it was perfectly usable 16 lead. 17 Q. So why would they have to add more--why 18 would they have to add more lead to it? You see what 19 I mean? There, there must be a loss somewhere -- 20 A. Well, there is. You've talked about the 21 dross, so you know, I don't know, and I don't know how 22 much they had to add, so I don't know what amounts 23 we're talking about. 24 Q. Okay, because presumably, let's just assume 25 for a second that, that the only--that there was no 122 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044741 1 lead lost, that, that any of the lead,any of the lead 2 losses were entrained in this trap. If you were to 3 take a lead and then go back and add it to the molten 4 lead, it would bring you right back up to the, the 5 level, and so you would literally never have to go 6 even buy lead again; right? 7 A. Assuming there was no dross being removed, 8 right. 9 Q. Right, and the fact that, that Monsanto had 10 to continuously buy lead would seem to indicate that 11 maybe the losses were greater than, than you perceive. 12 A. Well, no, I mean, I don't know that I 13 perceive any great losses at all. What I'm--all I am 14 doing is concluding that based--that there was not 15 lead discharged into the community based on this 16 process, that the, the dross that was formed was put 17 in the land--was removed and put in the landfill, and 18 that any--there's no evidence for any, you know, 19 gaseous air emissions that, that impacted soil levels 20 in the Anniston community or our plant. 21 Q. You know,as I sit here, I'm thinking that 22 maybe, maybe the b est way to determine lead losses 23 would be to look at how much lead the Anniston Plant 24 was purchasing. Wouldn't you agree? 25 A. Well, I don't know what you mean by "lead 123 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044742 1 losses." I don't -- 2 Q. Well, let me -- 3 A. We're not arguing about whether there was 4 lead coming out of those pots. There clearly was lead 5 coming out of those pots. The dross was being 6 landfilled. 7 Q. Clearly-right, but, but what I want to, 8 what I want to look at, now I want to determine the 9 extent of, of what I'm referring to as those lead 10 losses. Monsanto is out purchasing, purchasing large 11 quantities of lead. That would seem to indicate that 12 they need those large quantities of lead to replace an 13 equal amount of, of lead lost somewhere, whether it 14 was in emissions or in dross. Wouldn't you agree? 15 A. I, yeah, I would basically agree with that. 16 I don't know what large quantities are, and I don't 17 know whether the quantities were large or small,-- 18 Q. Right. 19 A. --but -- 20 Q. You know-- 21 A. --whatever quantities they were purchasing 22 were arguably being used to replace lead in those 23 pots . 24 Q. Did you ever inquire about how much lead 25 ingots or whatever form they were buying the lead and 124 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044743 1 how much lead this Anniston Plant purchased? 2 A. No. 3 Q. Was that information that you would have had 4 access to-5 A. I don't know. 6 Q. --at the time you did your inquiry? 7 A. I don't know. 8 Q. Certainly would have been good information 9 to have, wouldn't you agree? 10 A. Not necessarily. 11 Q. Why wouldn't it be? 12 A. Well, because the purpose of, of the letter 13 that I was responding was basically to address levels 14 of lead in the Anniston community. That's what the 15 question was. 16 Q. Right. 17 A. It wasn't to become, you know, the most 18 knowledgeable person in the world on the lead pot 19 process. I did my best to learn what I could learn 20 from the documents I had available to me, but the, the 21 import of the letter and the import of ADEM's request 22 was the impact of, of the potential impact of that 23 process on lead levels in the Anniston community. 24 Q. Sure. They weren't asking you if there were 25 discharges, they were just asking you what the impact 125 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044744 1 would, the potential for impact would be. 2 A. Well, they were asking on what information 3 we had on the use of that process in the plant, and 4 that's the information I was responding to. 5 Q. Once the gas travels through the lead trap 6 and presumably removes, removes, I guess, some of the 7 lead articles would fall out? Am I to assume that as 8 the gas passes through, it is somehow cooled a little 9 bit? 10 A. It's cooled--well, number one, I don't think 11 it's lead particles. It's vaporized lead, probably, 12 and it's cooled a lot. 13 Q. But certainly, that vaporized lead as it 14 cooled becomes particulates, right? Particulates? 15 A. Or liquid, depending upon how cool it gets, 16 yes. 17 Q. How else would the trap work? 18 A. I'm not arguing with you. 19 Q. Okay. 20 A. It's either liquid or, or solids. 21 Q. Okay. 22 A. I don't know which it was, but it 23 obviously precipitating out of that gas stream, yes. 24 Q. Okay. Did any of these--was there any kind 25 of emissions controls? You understand what I mean by 126 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044745 1 "emission control"? 2 A. Generally, yes. 3 Q. Were there any emission controls used in 4 connection with the lead pot process? 5 A. Well, certainly. The lead trap was an 6 emission control. 7 Q. Right, but beyond that, there was no -- 8 A. I don't know of anything-- 9 Q. You are not aware -- 10 A. --specifically. 11 Q. --of anything else? 12 A. Not specifically. 13 Q. And the lead trap is really only going to 14 capture, capture lead that falls out of that gas that 15 that's, that's transported? It's not necessarily 16 going to capture any emissions that might come out of 17 the, the top of the pot when you, when you take it 18 off, right? You described earlier that you would 19 literally have to take the -- 20 A. Well, I don't know that you would literally 21 have to take it off. I don't know the exact process 22 but certainly, it had to be opened enough for people 23 to get access to take out--take off the dross from the 24 lead. 25 Q. Mm-hmm. 127 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044746 1 A. But they probably also, you know, and I 2 don't know specifically, but they probably cooled the 3 pots to some extent to do that, so I, you know, I 4 don't know. 5 Q. But that would be speculation on your part- 6 A. Certainly. 7 Q. --because you didn't see that in any of the 8 documents, right? 9 A. I'm not aware, I'm not aware of, of seeing a 10 specific description of how that dross was removed. 11 Q. As this, as this--now, can I refer to this 12 as biphenyl gas as it passes and goes past the lead 13 trap? You said it's distilled-14 A. That's correct. 15 Q. --to get pure product. 16 A. That's correct. 17 Q. Now, as it passes the lead trap, the fact 18 that you have to distill it to get a pure product 19 tells me there's still impurities in there; right? 20 A. To some extent, yes. 21 Q. What impurities would have been in there? 22 A. Higher chlorinated polyphenyls. 23 Q. Would there have been, would there have been 24 any lead? I mean, certainly-25 A. There may have been some trace amounts. I 128 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044747 1 don't know. 2 Q. Right, because you don't know the efficiency 3 of the lead trap, right? 4 A. Not specifically, no. 5 Q. Right, because there was no indication in 6 the, in the, in the SMPs on this process about the 7 efficiency of the lead trap. 8 A. I don't know that it was measured, but 9 obviously, with the temperatures, it would have been 10 guite efficient, but I saw no specific measurements of 11 efficiencies, no. 12 Q. And again, your, your testimony about 13 efficiencies would be pure speculation on your part. 14 A. It would be an understanding of, of how lead 15 would behave at the various temperatures that, that 16 are involved in the process. 17 Q. Okay. Well, how efficient was the lead 18 trap? 19 A. I would say it was guite efficient. 20 Q. How can you say that? You've never --you 21 didn't do--you are basing this upon, upon your review 22 of, of the manufacturing document. You, you didn't 23 actually do any testing because you weren't there. 24 A. I think we've established that,-25 Q. Right. 129 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044748 1 A. --but based on my understanding of how a 2 metal that boils at 375 degree--or it melts at 375 3 degrees is going to behave at a temperature of a 4 hundred degrees, I think I can draw some conclusions 5 that it's going to be a very efficient process. The 6 vapor pressure of lead at a hundred degrees is 7 significantly less than it's going to be at its 8 melting point of 327 degrees or the temperature of 9 these ovens. 10 Q. So you are saying that under all the 11 conditions being perfect, it would entrap a high 12 amount? 13 A. No, I'm saying under the conditions at which 14 it operated, it would trap a high amount. 15 Q. But you didn't know, you don't know what 16 condition, you don't know what conditions it operated 17 under. 18 A. Sure. The temperatures are here. The 19 fractionating column immediately downstream of the 20 lead trap was operated at a maximum temperature of a 21 hundred degrees C. That's--the vapor pressure of lead 22 at a hundred degrees C. is going to be very, very low. 23 It's not going to maintain, be maintained in a gaseous 24 state to be carried along in the product line. 25 Q. But you are assuming that the people who did 130 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044749 1 the process are following the SMP exactly how it's 2 written. 3 A. I am following the SMP. I am basing my 4 conclusions based on SMP as it is written. Certainly, 5 I am. 6 Q. And in your experience as a chemist, you 7 know that sometimes--I worked in a lab for six and a 8 half years, and I know that with young people, 9 sometimes they don't always follow the instructions to 10 a T. 11 A. I -- 12 MR. NASSIF: I object. I object to the 13 form, and I object it calls for speculation. Go 14 ahead. 15 BY MR. LANGLAIS: 16 Q. You can answer. 17 A. I believe that our trained operators were 18 doing the best they could to follow the SMP as closely 19 as they could. 20 Q. But you have no--you can't--you have no 21 personal knowledge to support that. 22 A. Well, I think the temperatures in a process 23 are very tightly controlled because if they don't 24 tightly control the temperatures in the process, there 25 are going to be product quality and safety issues, so 131 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044750 1 to that extent, I believe that the SMP correctly and 2 appropriately describes the conditions in that 3 process. 4 Q. Do you know if they ever had a failed batch 5 of biphenyl using this process? 6 A. I don't know specifically or not. 7 Q. Do you know if they ever had an accident 8 involving this bi--this process? 9 A. I don't know. 10 Q. Do you know if there was ever an equipment 11 malfunction in this lead pot process? 12 A. I don't know. 13 Q. Which are all the variables that would go 14 into this perfect world that you are talking about, 15 right? Perfect conditions, everything being, being 16 perfect, there would be all this lead would get 17 entrapped in this lead train, lead entrapment section 18 and there would be no, no other lead, right? 19 MR. NASSIF: Object to the form. 20 A. Well, your use of the word "perfect," I 21 believe, is inappropriate, and I think the conditions 22 you're describing are sporadic and intermittent, at 23 best. To say that they never happened, I have no 24 basis to say that, but I think the process on a daily 25 basis ran as close to the standard manufacturing 132 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044751 1 process as it could. 2 Q. And you can't, you can't even speak to the 3 frequency of, of equipment malfunctions, can you? 4 A. I don't know, have any-- 5 Q. You can't speak to -- 6 A. --specific information on that. 7 Q. --the frequency of, of failed batches of 8 biphenyl? 9 A. No, I have no information on that. 10 Q. Once, once this, um, this product --once you 11 get this pure product and it's distilled, where do the 12 impurities go during that distillation process? 13 A. At the bottom of the distillation column. 14 Q. Do you know what happened to those bottoms? 15 A. For this process? Not specifically, no. 16 Q. Is it possible that, that the lead trap is 17 not as efficient as you may think it was and that 18 there was lead trapped in those lead bottoms? 19 A. I, I don't know. 20 Q. You don't know either way? 21 A. I don't know whether there was lead in those 22 bottoms or not. 23 Q. It's a possibility, 24 A. I'm sorry, I don't know whether there was 25 lead in those bottoms or not, specifically. If there 133 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044752 1 was, it was very, very small amounts. 2 Q. And, and they discard these bottoms, did 3 they get rid of these bottoms in the landfill, do you 4 think? 5 A. Yes. That's what--that would be my, my 6 assumption, at this point, that they would be drummed 7 and put in the landfill. 8 MR. LANGLAIS: Let me mark this Kaley 9 Exhibit 3. 10 (Defendant's Exhibit 11 Kaley 3 marked for 12 identification.) 13 MR. LANGLAIS: For people on the phone, I'm 14 marking an oversize map. People on the phone, I'm 15 marking an oversize map that's Bates labeled DSW 16 0446189. 17 BY MR. LANGLAIS: 18 Q. Would you take a moment to look at that map, 19 let me know when you are finished? 20 (Witness peruses said 21 document.) 22 A. Okay, I've scanned it. 23 Q. Okay, does this, at least--this is dated 24 April 23rd, 1996. Do you agree with that? 25 A. Yes. 134 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044753 1 Q. This exhibit? 2 A. Yes, I do. 3 Q. Does this appear to be a, a true and correct 4 depiction of the Monsanto Anniston Plant, at least as 5 it existed in April of 1996? 6 A. Well, I'm not necessarily familiar with all 7 of the--where all of the processes and buildings, et 8 cetera, were in 1996, but it, it generally represents 9 my recollection of the layout of the Anniston Plant, 10 yes. 11 Q. Okay. If you would look for me--I'll point 12 this out to you. If you would look for me, there's a 13 section over here that says "Biphenyl production." Do 14 you see that? 15 A. Yes. I do. 16 Q. Is that where the lead pot process for the 17 production of biphenyl occurred between 1928 and 1964? 18 A. I believe that's correct. I do not--I don't 19 have any information that it, that it had moved in 20 that, in that time frame. 21 Q. Was the lead pot process used at any other 22 Monsanto facility that you are aware of? 23 A. Not that I'm aware of. 24 Q. Do you know how--did the W. G. Krummrich 25 Plant manufacture biphenyl? 135 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044754 1 A. I do not believe so. 2 Q. Where do you think they got their biphenyl 3 to manufacture--did they manufacture PCBs? 4 A. Yes, they did. 5 Q. Where did they get their biphenyl to 6 manufacture the PCBs? 7 A. I would assume they got it from Anniston 8 Plant. 9 Q. And what would you base--what are you basing 10 that assumption on? 11 A. Because I'm--the only place that I know that 12 Monsanto produced biphenyl was the Anniston Plant. 13 Q. And that's--how about outside the United 14 States? I want to make sure we're, we're clear, I'm 15 not just limiting, limiting this to any Monsanto 16 facilities inside the U.S. Monsanto had, had 17 facilities manufacturing PCBs overseas, did they not? 18 A. Yes. 19 Q. Can you tell me which facilities that you 20 are aware of, which Monsanto facilities anywhere in 21 the world that you are aware of that manufactured PCBs 22 at any time? 23 A. They were manufactured in Newport, Wales, 24 and they were manufactured for a short period of time 25 in a joint venture in Japan. 136 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044755 1 Q. How about at the Queeny Plant? 2 A. No, they were never manufactured at the 3 Queeny Plant. I mean, I'm not saying Sauget because 4 obviously, you know that. 5 Q. Right, and they called the Sauget plant, 6 they called that CRUM-rich (Phonetic)? Am I saying 7 that right? 8 A. CRUM-rick (Phonetic). 9 Q. CRUM-rick (Phonetic)? Is that named after a 10 former worker there, or do you know? 11 A. It was one of, it was one of Mr. Queeny's 12 associates. 13 Q. Okay. Now, historically, what other--now, 14 this is not just limited to PCBs, but what other 15 manufacturing facilities are you aware of that 16 Monsanto had throughout the United States at any point 17 before 1964? Do you, do you know the history of 18 Monsanto in terms of where they've had plants in 19 various locations? 20 A. I certainly know where some plants have been 21 in various locations. 22 Q. That's what I'm looking for. 23 A. There are dozens. There's a plant in 24 Luling, Louisiana, there was a plant at Texas City, 25 Texas, there's a plant at Chocolate Bayou, Texas, 137 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044756 1 there was a plant at Camden, New Jersey, there was a 2 plant at Kearny, New Jersey, there was a plant 3 in--it's a Delaware River plant somewhere in New 4 Jersey, Paulsboro, I believe, there's a plant in 5 Indian Orchard, Massachusetts, there's a plant in 6 Decatur, Alabama, Decatur, Georgia, one of those two, 7 there's a plant in Pensacola, Florida, I mean 8 there--those are the ones I think of. There are 9 dozens of plants. There are lots of others, there are 10 plants in Iowa, there's a plant in Idaho Springs, 11 Idaho-12 Q. And none of the plants you've mentioned have 13 ever manufactured biphenyl; right? 14 A. That's my understanding. 15 Q. And none of the places that you mentioned 16 ever manufactured PCBs? 17 A. Other than Sauget and the two overseas that 18 we discussed, I believe that's--I mean that is 19 correct. I believe that is correct. 20 Q. Am I correct the Sauget plant has PCB 21 contamination located at the plant? 22 A. I don't know. What you--I mean, I-23 Q. Have PCBs been detected in soils at the 24 Sauget plant? 25 A. In areas around the Sauget plant, certainly, 138 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044757 1 they have. 2 Q. And has, has Monsanto or, or, um, Solutia, 3 Pharmacia, ever done any cleanup of PCB contamination 4 at the Sauget plant? 5 A. They've done cleanups that involved some 6 soils that have contained PCBs, yes. I mean around 7 the plant. I don't know at the plant. If you mean on 8 the plant site, I don't know about that, but I know 9 they've done some cleanups in that general area. 10 Q. Has, has Monsanto done any other PCB 11 cleanups in the United States besides Anniston and 12 Sauget? 13 A. There have been minor issues at some plant 14 sites, yes. 15 Q. What, what plants and what minor issues? 16 A. There was a plant--there was certainly a 17 cleanup of the Delaware River plant involving heat 18 transfer system, there was a cleanup at the Kearny 19 plant in New Jersey involving the heat transfer 20 system, and I believe there was some cleanup at the 21 Pensacola plant. I don't know the source of those 22 PCBs . 23 Q. I'm sorry, I didn't catch the second one. 24 The Delaware plant, the Pensacola plant-25 A. The Kearny plant in New Jersey. 139 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044758 1 Q. C-a-r-n-i -- 2 A. K-e- -- 3 Q. Oh. 4 A. -a-r-n-e-y, I think. 5 Q. Okay. 6 A. No "e"? Just "y"? 7 Q. What's a heat transfer system? 8 A. Well, it's basically a system 9 similar to the radiator on your car. It's a way of 10 getting heat from--a source of heat to another part in 11 a plant. 12 Q. And PCB, the PCB cleanups at, at these three 13 plants you've just identified were, were connected 14 with heat transfersystem? 15 A. For Kearny and Delaware River, I believe 16 that's true. Pensacola, I'm not sure of the source of 17 the PCBs. 18 Q. Okay. Were these, what were they? Were 19 there leaks fromthis heat transfer system? 20 A. I believe so. You are, you are pushing my 21 knowledge. 22 Q. What kind of levels were detected? 23 A. I don't know. 24 Q. Okay. How about the--are you familiar with 25 the levels detected at the Sauget plant? Levels of 140 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044759 1 PCBs ? 2 A. No, not specific, no. 3 Q. Has there been any--that you are aware of, 4 have there been any lawsuits filed by residents of 5 Sauget, Illinois, in connection with Monsanto's Sauget 6 plant, also known as the Krummrich Plant? 7 A. I can recall one. 8 Q. And do you recall, do you recall any other 9 details of that lawsuit? 10 A. Not specifically, no. 11 Q. Now, you recall one lawsuit or one 12 individual, one resident suing? 13 A. Both. 14 Q. Okay, one lawsuit that involved one person? 15 A. That's my understanding, that's my 16 recollection, yes. 17 Q. Do you know when that lawsuit occurred? 18 A. Several years ago. I believe it was 19 dismissed by the plaintiffs, actually, eventually. 20 Q. And are you aware, this--are you aware of 21 cases where there wasn't actually a lawsuit filed but 22 where there was threatened litigation with, with--in 23 connection with PCBs at other Monsanto plants? 24 A. No. 25 MR. LANGLAIS: How we doing on time? 141 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044760 1 THE VIDEOGRAPHER: We've got about five 2 minutes. 3 BY MR. LANGLAIS: 4 Q. At what temperature does, does lead melt? 5 Did you say that earlier? 6 A. Let me see what it says in the letter. 7 327.5 degrees Centigrade. 8 Q. Do you know who, who supplied the lead 9 ingots to the Anniston Plant? 10 A. No. 11 Q. How was--are you familiar with how, how 12 purchasing is done within--how purchasing was done 13 within the Monsanto Company? 14 A. Not really. 15 Q. Do you have any knowledge of how purchasing 16 was done? 17 A. Not really. 18 Q. Okay. 19 A. I would be very uncomfortable even trying to 20 answer a question like that. 21 Q. Maybe you can ans -- I'll ask the question; 22 you either know it or you don't. It's a basic 23 question. Would, would purchasing be done through the 24 St. Louis office, or would people at individual plants 25 do their own ordering of materials? 142 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044761 1 A. I don't know. 2 Q. Have you ever heard a company called 3 National Lead Company? 4 A. Yes. 5 Q. Does that name ring a bell? 6 A. I've heard of it. 7 Q. Does that--is that one of the suppliers of 8 lead to the Anniston Plant? 9 A. I don't know. 10 Q. Do you recall where you, where you--when or 11 where you would have heard of that? 12 A. I believe there was some lead litigation in 13 East St. Louis that involved National Lead, so I would 14 have read it in the newspaper, probably. 15 Q. Did--do you know if Monsanto has ever sued 16 National Lead Company? 17 A. I have no idea. 18 Q. How many lead pots did the Anniston Plant 19 have? And I know it, I know it depends on the time 20 frame, but why don't you, why don't you tell me kind 21 of how, how that--how many pots they would have had, 22 say, at the beginning in 1928, if you know. 23 A. Well, I don't know. 24 Q. Okay. 25 A. But I know in 1957, at the time the SMP was 143 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044762 1 written, there were twelve biphenyl units in operation 2 at the Anniston facility, although there had been a 3 thirteenth unit at one time, and there were three pots 4 per unit,-5 Q. Right. Okay. 6 A. --so there would have been a maximum of 39 7 pots . 8 Q. Do you have any, any information about 9 production levels of biphenyl at--using the lead pot 10 process? 11 A. No. 12 Q. At the time you were tasked with filing a 13 response to--with respect to the lead information 14 request, was that something that you would have looked 15 at? 16 A. No. 17 Q. Was that information that would have been 18 available to you? 19 A. I don't know. I doubt it. 20 Q. Do you know if, if the biphenyl process was 21 ever shut down at any time for routine maintenance? 22 A. I don't know. 23 Q. Do you know if, if, um, during times of 24 repair, the lead pots, themselves, were, were cleaned 25 out? 144 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044763 1 A. I don't know. 2 Q. Do you know where--strike that. 3 THE VIDEOGRAPHER: Counsel, it's that time. 4 MR. LANGLAIS: Okay. 5 THE VIDEOGRAPHER: This will end tape number 6 2 in the deposition of Robert Kaley II. We're off the 7 record at 12:08 P.M. 8 (Discussion off the record.) 9 (Luncheon recess.) 10 THE VIDEOGRAPHER: We're back on the record 11 at 1:12 P.M. This will be start number 3 in the 12 deposition of Robert Kaley II. 13 BY MR. LANGLAIS: 14 Q. Mr. Kaley with, respect to the lead pot 15 process, the still bottoms that were left at the end, 16 were those tested before they were disposed, that 17 you-18 A. I have no knowledge of that. 19 Q. Have you ever heard of a term called 20 "Montars"? 21 A. Yes. 22 Q. Is that, is that term, "Montars," used to 23 describe those still bottoms that remained? 24 A. It was, it was a term used to describe some 25 still bottoms from some processes. 145 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044764 Q. Do you know if the still bottoms that we're discussing with respect to the biphenyl process, do you know if that term, "Montar," describes those? A. I do not believe so, but I could be in error. Q. Do you know if the Montars contained lead? A. I have not seen any analyses one way or the other on that. Q. Now, Montars were, were sold, were they not? A. Some were, yes. Q. Now, if lead was detected in the still bottoms following the biphenyl process, would that shake your confidence with respect to the efficiency of the lead trap? A. No. I--it would depend on detection limits and, and a whole bunch of things, and as I said, I don't think I know any particular value for the efficiency of the lead trap. Q. In your inquiry, did you come across anything that indicated that there were any spills of, of this molten lead onto the ground with respect to the lead pot process? A. I don't recall anything specifically. Q. Do you know if, at that time, spills were recorded by the facility? 146 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044765 1 A. I don't know. 2 Q. Based upon your review, was the lead pot 3 process essentially unchanged between 1928 and 1964? 4 A. I don't recall specifically. I would be 5 surprised if there weren't slight modifications, but I 6 don't know that there were any specifically. 7 Q. What is Santowax? 8 A. It's a term used to describe some of the 9 polyphenyl products. 10 Q. Was Santowax a byproduct of the biphenyl 11 process? 12 A. No, Santowax was a product further along the 13 biphenyl process, if my recollection--I mean, there 14 are a number of Santowaxes, and I don't really have 15 them all which was which, so I really can't answer 16 that question because I don't know which one you are 17 talking about, but there were at least three 18 Santowaxes. There may have been more, but some of 19 them were actual products. 20 Q. So with respect to the lead pot process to 21 manufacture biphenyls, you, you don't know either way 22 whether Santowax was, was produced as part of that 23 process? 24 A. Well, it would have been produced as a 25 further reaction course during that process because 147 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044766 1 some of the Santowaxes were polychlorinated terphenyls 2 which were produced as a --subsequent to the 3 polychlorinated biphenyls. 4 Q. Do you know if the Santowax was tested for 5 lead? 6 A. I have not seen any data to suggest that. 7 Q. There appears to have been an increase in 8 the operating pressure of the lead pot process. Do 9 you know why that, that was added as a component to 10 the process? 11 A. I'm not aware that it was, and if it was, I 12 don't know why. 13 Q. Can you tell me about the tubular biphenyl 14 reactor that was instituted sometime in 1961 in 15 connection with, with the production of biphenyl? 16 A. Not very much, other than the fact that it 17 was obviously an alternative way to provide heat to 18 carry out the reaction. 19 Q. So am I correct, though, that lead was still 20 used in the production of biphenyls using the tubular 21 reactor process? 22 A. Oh, no. No, they were used as a substitute 23 for the lead pots to provide heat in which the 24 reaction of benzene to biphenyl was carried out. 25 Q. Okay. 148 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044767 1 A. No, they were replacement. 2 Q. So lead is a catalyst; correct? 3 A. No. Lead was there to provide the heat 4 necessary to carry out the reaction. It was not a 5 catalyst. It was essentially a heating bath to -- 6 Q. But isn't, isn't a catalyst really any, 7 anything that, that causes a, a chemical reaction to 8 occur? 9 A. No, I--there's--it's a much more specific 10 definition than that. I mean, there are chemical 11 reasons, I mean lead did not participate in the 12 reaction at all. It didn't accelerate the reaction, 13 it didn't slow down the reaction; it was only there to 14 provide the heat. 15 Q. But it caused the reaction. 16 A. No, the heat caused the reaction. 17 Q. The heat from the lead. 18 A. Well, yes, the heat from the lead, but it 19 didn't matter . The heat from the tubular reactors 20 also caused the reaction. 21 Q. So in your mind, the catalyst would be the 22 heat; is that right? 23 A. No. I mean, there wasn't --in my mind, a 24 catalyst is a separate chemical put in to accelerate a 25 reaction that is already occurring or to facilitate 149 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044768 1 that reaction, so in my view, in this process, there 2 was no catalyst in this particular reaction that I'm 3 aware of, anyway. 4 Q. Do you know why the Anniston Plant stopped 5 using the lead pot process? 6 A. I mean, I don't have a specific answer. 7 Obviously, the decision was made among the engineers 8 that the tubular process, the tubular heaters were a 9 better way to, to do the reaction. 10 Q. And that, and that, you are getting that 11 from your review of, of the documents? 12 A. No, I'm getting that from, basically, my 13 intuition as a chemist and, you know, an understanding 14 that they wouldn't have put in an inferior process. 15 Q. Right. No one told you that, though, that's 16 j ust -- 17 A. That's-- 18 Q. --your -- 19 A. --correct. 20 Q. So were you the person with, with the most 21 knowledge about the lead pot process? 22 A. I don't know the answer to that. 23 Q. Now, you mentioned earlier that, that there 24 was other lead at the facility, and that was lead 25 piping, I believe, and lead--did you say lead piping 150 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044769 1 and lead sinks? 2 A. I think it was lead-lined sinks, yes, in the 3 laboratory building. 4 Q. And, and-- 5 A. That's my understanding. 6 Q. --have you seen documents that show where, 7 where that material was, was taken? 8 A. No, I'm relying on Jerry Brown that the 9 material was taken to the landfill when that building 10 was razed. 11 Q. And by "razed," you mean demolished, right? 12 A. Yes. 13 Q. Are you familiar with a term called "chat," 14 c-h-a-t? 15 A. I, I've heard that term, yes. 16 Q. What is chat? 17 A. It's finely or coarsely ground rock, in my 18 view: Typically, limestone. 19 Q. Did, did the chat contain lead, detectable 20 levels of lead? 21 A. I don't know. I don't know which chat you 22 are talking about, and it wouldn't matter because I 23 don't know which, you know, whether it did, did or 24 not, so -- 25 Q. Now, you said "which chat," which leads me 151 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044770 1 to believe that there are multiple, there was more 2 than one chat? Is that right? 3 A. Well, I mean to me, chat is like the crushed 4 limestone you use to cover roads. What the uses are 5 at the Anniston plant over and above that, I don't 6 have any idea. 7 Q. Do you have any knowledge of whether, of 8 whether chat was used at the Anniston plant to cover 9 roads? 10 A. I don't know. 11 Q. Do you have any, any knowledge of whether 12 Montars or any other still bottoms were used to cover 13 the roads at the Anniston plant? 14 A. I've never heard anything like that, no. 15 Q. Now, we were discussing earlier which plants 16 were involved in, in the manufacture of PCBs. Which 17 plants were involved in the formulation of PCB 18 products, not necessarily the manufacture of PCBs but 19 just formulating PCBs? 20 A. I don't know completely. I suspect--well, 21 Anniston was, Sauget was, I believe there was some 22 formulation at the Queeny Plant. Other than that, I'm 23 not aware of any. That's for U.S. operations. For 24 foreign operations, I really don't know whether they 25 did or not, but they may very well have. 152 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044771 1 Q. Now, production at the, at the Anniston 2 Plant, PCB production at the Anniston Plant ended in 3 1971? 4 A. That's correct. 5 Q. When did production, when did production at, 6 I guess, the PCB formulation at the Queeny Plant, when 7 did that end? 8 A. I don't know. 9 Q. Do you know when the formulation at the 10 Krummrich, Krummrich Plant ended? 11 A. Well, we quit making PCBs at Krummrich in 12 1977, so it certainly ended then, and it probably--in 13 1971 and '72, we quit marketing products except for 14 electrical uses, so for nonelectrical uses, it all 15 would have ended at all plants by 1972. 16 Q. When did, when did sales of, of any PCB or 17 PCB-containing products end? 18 A. The sales of nonelectrical uses ended in 19 1971 or '72. The sales for electrical uses ended in 20 1977 . 21 Q. Did Monsanto have facilities outside the 22 U.S. that manufactured PCBs? 23 A. Yes, I believe we talked about the, the 24 facility at Newport, Wales, and the joint venture in 25 Japan. 153 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044772 1 Q. When did the Newport, Wales, facility stop 2 producing PCBs? 3 A. I don't know specifically. Certainly, by 4 1977; probably before. 5 Q. And how long, with respect to the joint 6 venture in Japan, how long did that joint venture 7 last? 8 A. I don't know. 9 Q. Do you know why it ended? 10 A. Primarily, because of the discovery of PCBs 11 in the environment and pressures everywhere to 12 minimize the environmental discharges. 13 Q. What--when you say "the environment," what 14 do you mean, with respect to that joint venture? 15 A. I mean that PCBs had been reported after 16 1966 in a variety of environmental matrices and for 17 that reason, Monsanto and, and foreign companies, for 18 that matter, started limiting their, their sales and 19 the uses of PCBs. 20 Q. As part of that joint venture, did they, 21 they detect PCBs in the blood of, of any individuals? 22 A. I'm not sure I understand that question. 23 Q. Okay, I want to make sure we're not just 24 limited to PCBs being detected in soil or water. Did 25 they, did they, as part of that, the end of that joint 154 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044773 1 venture, did they detect PCB levels in, in people's 2 blood? 3 A. I'm--I don't know what that would have had 4 to do with the joint venture, but not that I know of. 5 I don't know that there's any relationship. 6 Q. Now, was there a name, is there, is 7 there--have you heard of something called the Utsi 8 incident? 9 A. No . 10 Q. Or the Oshi incident? 11 A. Well, there's the Yusho incident. 12 Q. Yusho, that's it. How do you spell that? 13 A. Y-u-s-h-o. 14 Q. Okay, can you tell me what that is? 15 A. It's an incident in Japan where some foreign 16 Japanese manufacturer, not Monsanto, Japanese 17 foreign-- Japanese-manufactured PCBs in a heat transfer 18 system leaked into some rice oil that was subsequently 19 consumed by Japanese consumers, and they had various, 20 uh, health effects associated with the ingestion of 21 that thermally-degraded rice or heat transfer fluid. 22 Q. And how was that heat transfer fluid 23 different from what Monsanto was producing at the 2 4 time ? 25 A. I don't know specifically, other--but the 155 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044774 1 fact it was it had been thermally degraded in the heat 2 transfer system. It was not a fresh, or a raw, or a 3 new PCB product; it was a thermally degraded product. 4 Q. Now, Monsanto is the only company known to 5 have ever manufactured PCBs in the United States; is 6 that correct? 7 A. Other than apocryphal stories, basically, 8 yes. I mean, I'll accept that as a premise and we can 9 move on. 10 Q. What do you mean, apocryphal stories? 11 A. Well, I think there was a small company in 12 Texas at one time that manufactured some specific PCBs 13 for very limited uses, but I don't really have any 14 documentation of that, so for all practical purposes, 15 Monsanto was the only commercial manufacturer of PCBs 16 in the United States. 17 Q. After Monsanto stopped production of PCBs at 18 the Anniston Plant, how long did it continue to store 19 PCBs or PCB-containing products at that plant? 20 A. I don't know. If it did at all, I don't 21 know. 22 Q. When Monsanto made the decision to no 23 longer--well, when the decision was made to no longer 24 sell PCBs to, um--at all, I believe you said it was in 25 the late 1970's, what did Monsanto do with any 156 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044775 1 remaining inventory that they had? 2 A. They sold some small amounts to laboratory 3 supply companies, and the rest were --really, there 4 wasn't hardly any inventory left because we made the 5 announcement in the year before, and, and the 6 companies who were the purchasers basically were 7 letting us know how much they needed it, so there 8 wasn't very much. We sold it or gave, actually, a 9 small amount to some laboratory supply houses to use 10 as standards. The rest, if any, would have been 11 incinerated. 12 Q. Where was that incinerated? 13 A. I don't know for sure whether it was at 14 Krummrich or whether it was commercial. 15 Q. Are you familiar with the areas where the 16 biphenyl production occurred, like whether it occurred 17 inside a building or out in the open? 18 A. I don't really recall. I've always heard 19 there was an open-air process, but if you look at 20 aerial photographs, there appears to be some sort of 21 an enclosure, so I don't know whether, exactly whether 22 it was just, you know, walls and still open air or 23 whether it was in a building. I don't know. 24 Q. Do you think that you've just forgotten, or 25 do you think that was something you discussed with 157 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044776 1 Jerry Brown? 2 A. No, I don't think I ever knew. I don't 3 think I've ever discussed it with Jerry Brown, but-4 Q. Could you tell me what lampblack is? 5 A. It's basically finely, finely divided 6 carbon. 7 Q. Did Monsanto's Anniston Plant have, have 8 lampblack at the facility? 9 A. I don't know whether they did or not. 10 Q. What would, what would be the use of 11 lampblack? 12 A. It's primarily used as a colorant in 13 rubbers. It's what makes, primarily what makes, like, 14 tires so black. 15 Q. How is it--is it different from carbon black 16 or is it the same thing? 17 A. I'm not sure what carbon black is, but I 18 think--I'd surmise they're basically the same thing. 19 Q. And you are unsure whether Monsanto had any, 20 had any use for lamp, lampblack at the Anniston Plant? 21 A. I'm not aware of any. 22 Q. Do you know what process produces lampblack? 23 A. I believe it's, it' s--Monsanto produced it 24 at a plant in New Jersey, the Camden plant, and it's, 25 it's a burning process, and I'm trying to think what 158 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044777 1 they're burning, and I'm not--it's not coming to me. 2 It's basically by combustion of something. 3 (Defendant's Exhibit Kaley 4 4 marked for 5 identification.) 6 BY MR. LANGLAIS: 7 Q. I'm going to hand you what's been marked 8 Kaley Exhibit 4. 9 (Witness peruses said 10 document.) 11 BY MR. LANGLAIS: 12 Q. (Continuing) Have you had a chance to look 13 at that? 14 A. Yes. 15 Q. Have you seen that organizational chart 16 before? 17 A. Yes, I have. 18 Q. Do you recall if you, if you saw this chart 19 in connection with your--in connection with your 20 response to the information request concerning lead? 21 A. I believe it was included in one of the 22 documents I reviewed, yes. 23 Q. Were you able to identify--have you ever, 24 have you ever looked at whether or not any of these 25 people, any of these--strike that. 159 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044778 1 In your dealings with the Anniston Plant, 2 was this the, the general organizational structure 3 through the existence of, of--I mean through the 4 production of PCBs? 5 A. I don't--I mean, this is from, like, a 1936 6 document or '37, as I recall. I don't really 7 remember, you know, whether that--whether it applied 8 to subsequent years or how long this particular 9 organization applied. I don't really have any idea. 10 Q. Okay, and how, how were you able to tell 11 this was from the 1930's? 12 A. It's just my recollection. As I recall, it 13 was from a very early SMP for biphenyl or some 14 discussion of biphenyl process. 15 Q. So this was in--was, then, one of the SMPs? 16 A. I believe so. 17 Q. What led you to speak with Jerry Brown about 18 the, the lead pot process? 19 A. He's the most knowledgeable person about 20 historical practices and processes at Anniston that I 21 know. 22 Q. Could you describe the PCB production 23 process or the Aroclor production process following 24 the lead pot process? 25 A. Well, basically, the biphenyl is introduced 160 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044779 1 into a reactor, and I'm really not familiar with what 2 kind of reactor, but basically, a heat--reactor to 3 supply heat to the reaction, it's mixed with 4 chlorinated--or with elemental chlorine in the 5 presence of ferric chloride, which is a catalyst in 6 that particular reaction to form the PCBs. 7 Q. From 1964 through, through 1971, when, when 8 Aroclor production stopped at the Anniston plant, did 9 the, did the production process remain relatively the 10 same? 11 A. I'm sure it remained relatively the same. I 12 don't know whether there were minor changes or not, 13 but my understanding is it remained largely the same, 14 yes. 15 Q. Do you recall what role ferric chloride 16 played in the manufacture of, of the PCBs or the 17 Aroclors ? 18 A. It's a catalyst. 19 Q. Can you describe for me how it, how it works 20 as a catalyst in that process? 21 A. No, I can't. 22 Q. Are you aware that in Monsanto's, or rather 23 Solutia and Pharmacia's initial disclosures, that you 24 were identified as someone who had personal knowledge 25 regarding the Anniston facility's manufacturing 161 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044780 1 processes? 2 A. It wouldn't surprise me. 3 Q. And you are, you are unable to tell me any 4 specifics about what role ferric chloride would have 5 played in the manufacture of Aroclors? 6 A. Oh, I know what role it played. It played a 7 role of accelerating the reaction to form the PCBs 8 from the reaction of biphenyl and chlorine gas. What 9 I thought you were asking me was the mechanism 10 by--mechanism by which it did that, and I don't know 11 the mechanism by which it does it, but the function is 12 to accelerate and facilitate the reaction. 13 Q. Well, maybe my question wasn't clear, but 14 that's, that's what I was getting at. I, I asked for 15 what role it played. 16 A. Okay. No, -17 Q. So you answered. 18 A. --it's basically there to facilitate and 19 accelerate the reaction. 20 Q. And ferric chloride was the catalyst that 21 was used from 1964 through 1971? 22 A. I don't know specifically. There--I know at 23 various times, various things were tried. I don't 24 know what the particular timing was on that. 25 Q. Are you aware if any other catalyst had been 162 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044781 1 used in that process? 2 A. My recollection is that they tried aluminum 3 chlorides at one point or another, but I don't, I 4 don't have any specific recollection. 5 Q. Have you ever seen any photographs of the, 6 of the biphenyl production process, process area? Any 7 photographs of the equipment? 8 A. Yes, very poor quality. I think in the same 9 document from which this organization chart came, 10 there were some very poor-quality photographs. 11 Q. Of the, of the, the biphenyl production 12 using the lead pot process? 13 A. Yes. 14 Q. And you believe that those are somewhere 15 within the, one of the SMPs? 16 A. That's my recollection. I don't know 17 whether it's an SMP that it just came from or not. 18 That's my recollection. 19 Q. Was clay used as part of the Aroclor 20 production process? 21 A. I believe some --something called Attapulgus 22 earth, which is a claylike material, was used to 23 filter the PCBs, yes. 24 Q. What was it, what was it filtering out? 25 A. Primarily, water and chloride ions, 163 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044782 1 materials which would cause the electrical qualities 2 to be degraded. 3 Q. Do you know how long--was, was that clay 4 used throughout--between 1964 and 1971? 5 A. sorry, I don't know specifically. 6 Q. Do you know what was done with, with the 7 clay after, after it was used to filter out, filter 8 the PCBs ? 9 A. My understanding was that it was put in the 10 landfills, drummed and put in the landfills. 11 Q. Now, at some point--what can you tell me 12 about Aroclor production expansions at the Anniston 13 Plant, if anything? 14 A. If you had a more specific question, I might 15 be able to help. I don't know of anything 16 specifically. I mean, I know there were throughout 17 the course of the development, expansions in that, in 18 that process. 19 Q. Can you tell me anything else beyond that, 20 or is that the extent of, of the detail that you know? 21 A. Well, I guess that's the extent of the 22 detail I know without some more specific information 23 on what your questions, where your questions are 24 going. 25 Q. At some point, there was a flaking and 164 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044783 1 packaging facility put in place at the, at the 2 Anniston Plant. Are you aware of that? 3 A. Yes. 4 Q. Do you know when that would have occurred? 5 A. I believe it was in the late 1960's, early 6 1970's . 7 Q. And at some point, a new tank farm which 8 included 11 bulk storage tanks and three blend tanks 9 was put in place? 10 A. I believe I've seen something to that 11 effect. I don't have any specific knowledge of that. 12 Q. Now, this may be a common-sense question, 13 but why, why was the expansion needed, if you know? 14 A. Well, if you are talking about what's called 15 the Aroclor expansion project in the late 1960's and 16 1970's, it was primarily aimed at what are called 17 solid Aroclors, and those are not typically PCBs, 18 those are typically polychlorinated terphenyls. 19 Q. Okay. 20 A. And that's really what it was aimed at, and 21 those were --there was an expanding market for those as 22 plasticizers, and in fact, during a short period, they 23 were used at short substitutes for PCBs in some of 24 Pydraul -- some of the hydraulic fluids. 25 Q. In connection with the Aroclor expansion 165 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044784 1 project, was any existing part of the Aroclor facility 2 dismantled? 3 A. I don't recall. 4 Q. Or razed? 5 A. I don't know. I don't recall. Excuse me. 6 Q. Do you know how the facility handled, 7 handled contaminated material, like contaminated metal 8 scraps and things of that nature? 9 A. My understanding is that all contaminated 10 materials were drummed and placed in the landfill. 11 Q. Were all wastes that were put into the, into 12 the landfill drummed? 13 A. That's my understanding, yes. 14 Q. And did those drums rust over time? 15 A. I don't know. 16 Q. Is that--can you, can you come up with a 17 theory as to why, why PCBs were, were detected in the 18 landfills? 19 A. I don't know what you mean by "detected in 20 the landfills." 21 Q. Well, is it not true that PCB contamination 22 was detected in the, in the west end landfill? 23 A. Well, that was because they had cut into 24 that landfill, yes. I mean, there were materials in 25 there that had PCBs. 166 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044785 1 Q. That weren't drummed? 2 A. Apparently, that's correct. 3 Q. And since you weren't around, since you 4 weren't around at the time, you can't testify that, 5 you can't really testify that PCBs or PCB-contaminated 6 material were always drummed; right? 7 A. I don't know that they were always drummed. 8 Q. Was there a--in connection with that flaking 9 process? 10 A. Yes. 11 Q. Can you--first, can you describe the flaking 12 process to me? 13 A. Not really. 14 Q. In general terms? 15 A. I--my understanding is it was basically the 16 material was put in a molten state and then put into 17 some sort of an air convulsive system where the, the 18 droplets coalesced into flakes, but I--you know, 19 that's as detailed as I have. 20 Q. So do you know if there was any emissions 21 associated or any dust associated with that flaking 22 process? 23 A. I'm sure there was some dust associated with 24 it. 25 Q. Do you know if there was a dust collection 167 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044786 1 system? 2 A. I don't recall specifically. 3 Q. Do you know if they ever had any problems 4 with product spilling as a result of the--strike that. 5 Do you know if they had problems with dust escaping 6 from that system and getting all over the equipment? 7 A. I don't know. 8 Q. Can you tell me how Aroclors and Aroclor 9 blends were stored at the plant? 10 A. Not specifically, no. 11 Q. Do you know who would have that information? 12 A. I'm sure Jerry Brown knows. 13 Q. In your mind, is Jerry Brown the most--the 14 person most knowledgeable about the production 15 processes at the--for PCBs at the Anniston facility? 16 A. Probably, yes. 17 Q. Who else would, would have a significant 18 amount of knowledge, in your mind? 19 A. I wouldn't even know. He's the only one 20 that I, that I know of that was, you know, there 21 during any part of the time PCBs were produced. 22 Q. And how did you know that Jerry Brown was 23 the man that had that knowledge? 24 A. I've known Jerry for fifteen years and have 25 had a number of discussions with him, and I know he's 168 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044787 1 somebody that is reliable. 2 Q. Can you tell me what byproducts were 3 produced as part of the PCB production process? 4 A. Primarily, hydrochloric acid. 5 Q. Is that also known as muriatic acid? 6 A. Yes. 7 Q. And did, did the company sell that acid? 8 A. Some of it, yes. 9 Q. Okay, what did they do with the material 10 they didn't sell? 11 A. It was neutralized in limestone beds and 12 discharged. 13 Q. Do you know if the--if Monsanto tested, 14 tested the discharge as it left the limestone beds? 15 A. Certainly did after they became aware of the 16 environmental presence of PCBs in the late 1960's, 17 yes. 18 Q. What effect, if any, would, would the 19 presence of acid have on, on PCBs? 20 A. Not very much. I mean, they are, you know, 21 chemically inert. That's kind of what it means, so -- 22 Q. I guess we've already discussed that Montars 23 were kind of a byproduct of the PCB production-- 24 A. For some of-- 25 Q. --process. 169 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044788 1 A. --it, yes. They were, some of, some of the 2 still bottoms from that process were marked as Montar. 3 Q. Do you know when the, the plant started to 4 operate under a state discharge permit? 5 A. I don't. 6 Q. Who would, who would have the most knowledge 7 about water discharge permits at the Anniston Plant? 8 A. Probably Jerry Brown. If he doesn't, he 9 would know who would. 10 Q. So are you familiar with any of the 11 discharge parameters in connection with either state 12 or federal discharge permits? 13 A. At Anniston? 14 Q. Yes. 15 A. No, sir, not with any specificity at all. 16 Q. Do you know who the person is who would sign 17 off on certifications with respect to discharge 18 results? 19 A. Well, it would be the environmental, the 20 person with the environmental responsibility at the 21 plant in whatever time frame. 22 Q. Let's, let's talk about when you--when you 23 started, I guess, in 1974, did you know who was the 24 environmental person, if any, at the Anniston Plant? 25 A. I have no idea. 170 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044789 1 Q. Okay, now, walk me through, walk me through 2 the Seventies and tell me when it is the first 3 environmental person came on line at Anniston, if you 4 know. 5 A. I don't know. 6 Q. When you became the Director of 7 Environmental Affairs, who was in charge of, of 8 environmental matters at the Anniston Plant? 9 A. Probably Robert Jones. 10 Q. When was the last time you spoke with Robert 11 Jones? 12 A. Probably two or three years ago. 13 Q. Do you know who reported to Mr. Jones? 14 A. No one that I'm aware of. 15 Q. Did Mr. Jones have a staff underneath him, 16 or was he just-17 A. Not that I'm aware of. 18 Q. Who did Mr. Jones report to? 19 A. I believe the plant manager. 20 Q. Did he, did Mr. Jones report to anyone in 21 St. Louis? 22 A. I don't believe so. I don't know. I don't 23 know the reporting structure at the plant. 24 Q. Do you know the reporting structure when, 25 when you became Director, Environmental Affairs? 171 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044790 1 A. At the plant? Not specifically, no. 2 Q. Okay. 3 A. I mean, I mean obviously, everybody 4 eventually reported up to the plant manager, but I 5 don't know whether anybody had further reporting 6 responsibilities to St. Louis or not. 7 Q. Who reported to you on environmental matters 8 from, from Anniston? 9 A. Well, nobody--I mean, if you mean reported 10 to me on--with, with managerial responsibility, no 11 one. 12 Q. Well, how about, how about in a 13 non-managerial responsibility? I mean-- 14 A. I mean, just to talk to me? 15 Q. Well, what I'm trying to determine is, is 16 how, how the St. Louis--how St. Louis kept, kept their 17 thumb on, on the Anniston Plant with respect to 18 environmental matters. I mean as, as the Director of 19 Environmental Affairs, what were your 20 responsibilities? 21 A. Well, my responsibilities were to, as I 22 think I -- 23 MR. NASSIF: I object to the form. 24 THE WITNESS: Sorry. 25 MR. NASSIF: Go ahead. 172 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044791 1 BY MR. LANGLAIS: 2 Q. As Direct--go ahead. You can answer. 3 A. All right. My responsibilities, as I 4 described earlier, were basically to be a, a company 5 resource on PCBs and other legacy chemicals. If you 6 are going off the title "Director, Environmental 7 Affairs," assuming I had broader environmental 8 responsibility for the company, that's not correct. I 9 didn't, I did not participate in the management chain 10 for environmental responsibilities at the plant. 11 Q. When you were addressing issues relating to 12 PCBs at the Anniston Plant, who at the plant did you 13 speak, did you speak with? 14 A. Robert Jones occasionally, plant manager, 15 for the directors of remediation when they were there. 16 Q. Who was that? 17 A. Craig Branchfield now. 18 Q. And anyone else prior to Craig Branchfield? 19 A. Prior to Craig was a guy named Alan Faust. 20 Q. Are you familiar with a product called 21 Santocel? 22 A. I've heard of it. I don't know anything 23 about it. 24 Q. Do you know if the Anniston Plant produced 25 Santocel? 173 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044792 1 A. I'm sure it did not. 2 Q. Why, why are you sure it didn't? 3 A. Because I reviewed the processes at the 4 Anniston Plant, and I've never heard of that 5 associated with Anniston. 6 Q. Do you know where that would have been 7 produced? At what other plants? 8 A. I don't know specifically, no. 9 Q. What is Pyranol? 10 A. Pyranol is a General Electric trademark for 11 flame-retardant dielectric fluids. 12 Q. Are you familiar with a production process 13 for Pyranol? 14 A. Well, Pyranol is basically a blend of PCBs 15 with other materials to form GE's dielectric fluids, 16 so I mean to the extent that I'm familiar with the 17 production of PCBs, I'm familiar with the production 18 of Pyranol. It was basically a blend. 19 Q. What component, what other components 20 did--made up Pyranol? 21 A. Mixtures of tri- and tetrachlorobenzenes, 22 and usually there was some kind of a corrosion 23 inhibitor or a chlorine scavenger added. 24 Q. Did Monsanto have dielectric fluids at their 25 plant that they used within, within electrical 174 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044793 1 equipment? 2 A. Uh, which plant? 3 Q. Anniston Plant. 4 A. Uh, I don't know that specifically. I 5 wouldn't be surprised. 6 Q. Did the Anniston Plant produce hydraulic 7 fluids that contained PCBs? 8 A. I don't know. I think all that blending was 9 done in St. Louis. I, I could be wrong, but I don't 10 know that they blended Pydrauls at, at Anniston. 11 Q. You called them Pydrauls? 12 A. Yes. 13 Q. Did the Anniston Plant have any hydraulic 14 equipment that contained Pydraul? 15 A. Not that I'm aware of. 16 Q. Do you know if they had hydraulic equipment? 17 A. Not specifically, no. 18 Q. Do you know how spills were handled at the 19 Anniston facility? 20 A. I have some knowledge of that. 21 Q. How far back can you tell me about how 22 spills were handled? 23 A. I don't--I mean, it's just based on, you 24 know, discussions with Jerry Brown and others. I 25 don't have any specific date as to when I could speak 175 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044794 1 to that specifically. 2 Q. So it's not necessarily personal knowledge, 3 it's just based upon what others have told you? 4 A. Well, I didn't join the company until after 5 they quit making PCBs at Anniston, so -- 6 Q. Who told you how PCB spills were handled at 7 the Anniston facility? 8 A. Basically, Jerry Brown. 9 Q. What did Jerry Brown tell you about how they 10 were handled? 11 A. That they were adsorbed onto some material 12 and drummed and placed in a landfill. 13 Q. Do you know what material was used to absorb 14 it? 15 A. I believe some sand was used. I believe 16 sawdust was used occasionally. I don't know what 17 else. 18 Q. Do you know what group would have been in 19 charge of, of cleaning spills? 20 A. Not specifically, no, I don't know that. 21 Q. Do you recall, do you recall Jerry Brown 22 telling you anything about that? 23 A. No. 24 Q. Do you know if Jerry Brown had any 25 responsibility for cleaning up PCB spills? 176 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044795 1 A. For personally cleaning them up? I doubt 2 it, but I don't know. 3 Q. Why is it that you would doubt he had any 4 responsibility? 5 A. Well, I don't think he was ever assigned 6 specifically to the Aroclor process, so that's--that 7 would be somebody either in maintenance or somebody 8 assigned to that process, so I don't, I don't think he 9 would have had any direct involvement. 10 Q. Was Jerry Brown at the Anniston facility? 11 A. During the last, latter years of production 12 of PCBs there, yes. 13 Q. Had he worked at any other Monsanto location 14 prior to that time? 15 A. I have no idea. Well, actually I do. I 16 think he came to Monsanto straight out of school. 17 That's my understanding. 18 Q. Now, were PCBs, did they have a sticky, 19 tacky feeling to 'em, do you know? 20 A. That depended on the particular product. 21 Q. What would make--well, tell me which 22 products would, would have--would be sticky. 23 A. I would say Aroclor 1254 would be a sticky 24 kind of material. It was still liquid, but it was a 25 very viscous, kind of sticky liquid. Aroclor 1260 had 177 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044796 1 a--was a more waxy material, had a little stickiness 2 to the touch. 3 Q. Do you know if they had difficulty cleaning 4 up the Aroclor 1254? 5 A. I don't know. 6 Q. Do you know if they used any kind of 7 solvents to clean up Aroclor 1254? 8 A. I don't know. 9 Q. Do you know who would know? 10 A. Again, I would, I would direct you to Jerry 11 Brown. 12 Q. Do you know if clay was used to clean up PCB 13 spills ? 14 A. I don't know. 15 Q. Have you ever heard of Monsanto keeping, 16 keeping bins of sand around the production facilities 17 for PCBs? 18 A. I haven't heard that specifically, no. 19 Q. Do you know where workers would get sand if 20 they had a spill? 21 A. No. 22 Q. Do you know if Monsanto's Anniston facility 23 ever used slag at their facilities to cover PCB 24 spills ? 25 A. I don't know. I've never heard that. 178 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044797 1 Q. You know what I mean by "slag"? 2 A. Well, I mean, I think of slag as the 3 byproduct of coal mining and things like that. I 4 mean, I don't know specifically what you mean, no. 5 I'm answering with what I think it is. 6 Q. Do you know if the Monsanto Anniston Plant 7 ever used the dross to cover, to cover PCB spills? 8 A. The dross from. 9 Q. The lead dross. 10 A. No, that would not be an adsorbent. I can't 11 imagine that that would ever occur. 12 Q. When you came in as the Director of 13 Environmental Affairs, did you take steps to look at 14 the history of PCB production at the Anniston 15 facility? 16 A. Some, yes. 17 Q. Tell me what, if you recall, what you did at 18 that time. 19 A. I don't recall specifically. 20 Q. Did you look into any of the, any of the 21 issues that, that the Anniston facility was having 22 with respect to PCB losses? 23 A. I've had an occasion to review some of the 24 documents from, you know, the time Monsanto became 25 aware of PCB and the environment issue, yes. 179 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044798 1 Q. Did Monsanto's Anniston Plant have a problem 2 with, or rather--strike that. Did they, did they 3 discharge or, I think, in some documents refer to 4 sewer PCBs at the Anniston Plant? 5 A. Well, I think there were, there were PCBs 6 associated with some storm water discharges at times. 7 I don't know that they actually sewered PCBs in the 8 sense of the understanding I would understand the term 9 "sewering PCBs." 10 Q. What do you understand the term "sewering 11 PCBs" to mean? 12 A. To me, that would be taking some amount of 13 PCBs and pouring them down a drain which leads to a 14 sewer system. I'm not aware of that occurring. 15 Q. Are you aware of the, the sewer systems at 16 the Anniston facility lead to the, to the ditch, the 17 11th Street ditch that we discussed earlier? 18 A. Well, the storm water system discharged at 19 the same discharge that eventually would reach 11th 20 Street ditch, yes. 21 Q. Now, was there a series of ditches within 22 the Anniston Plant that would lead to that main 11th 23 Street ditch? 24 A. I don't, I don't know specifically. 25 Would this be a good time for a short break? 180 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044799 1 MR. LANGLAIS: Sure. 2 THE VIDEOGRAPHER: We're off the record at 3 1:58 P.M. 4 (Recess.) 5 THE VIDEOGRAPHER: We're back on the record 6 at 2:03 P.M. 7 BY MR. LANGLAIS: 8 Q. Mr. Kaley, I want to talk about the west end 9 landfill, the facility. Are you familiar with the 10 west end landfill at the Anniston facility? 11 A. Somewhat, yes. 12 Q. Are you familiar with, with the general 13 history of that landfill? 14 A. In general terms, yes. 15 Q. Am I correct that the landfill was, is they 16 first started to use that landfill sometime in the mid 17 1930's and that it was used as a landfill until it was 18 sold to Atlanta Power--Alabama Power Company in 1960? 19 A. Well, it was, it was closed, it was used, it 20 was closed and then it was not exactly sold, there was 21 a land swap basically between Monsanto and Alabama 22 Power for that land, yes. 23 Q. Alabama Power became the owner? 24 A. Yes. 25 Q. Okay. When, when did they stop -- you said it 181 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044800 1 was, it was stopped prior to the acquisition by 2 Alabama Power Company. Do you know when, when that 3 would have occurred? 4 A. It was 19, about 1960. 5 Q. So right around the same time-6 A. Yes. 7 Q. --they acquired it. Did--and during that, 8 during the time that it was used between the mid 9 1930's and 1960, PCBs or PCB-containing material were 10 disposed in that landfill; correct? 11 A. I, I don't know that specifically, but 12 that's, I think, a fair assumption. 13 Q. When, when this swap of land occurred, do 14 you know if Monsanto informed Alabama Power Company 15 that PCBs were present in that landfill? 16 A. Well, they certainly informed that it was a 17 landfill. I don't know whether they informed them 18 specifically as to the contents of the material in 19 there or not. 20 Q. How long did Alabama Power Company--how long 21 were they the owner of, of what we know as the west 22 end landfill? 23 A. From 1960 until Solutia reacquired it or 24 Monsanto reacquired it sometime in the mid 1990's. 25 Q. Explain to me why, why did Monsanto 182 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044801 1 reacquire it? 2 A. Basically, so that we could manage in the 3 recapping of the landfill. 4 Q. Was there, was there a certain event that 5 triggered Monsanto to, to go back and reacquire that 6 property? 7 A. I think we talked earlier, there was Alabama 8 Power was doing some work on the landfill and 9 apparently cut into the--or the landfill, uncovered 10 some materials that they had analyzed, and PCBs were, 11 were measured in those materials. 12 Q. And when you say "cut into the landfill," 13 can you explain to this to me a little further? 14 A. My understanding is a bulldozer bulldozed 15 through into the cap of the landfill and exposed some 16 of the waste materials. 17 Q. Do you know if there were any photographs 18 taken of that particular event? 19 A. I don't know. 20 Q. You haven't seen any? 21 A. Not--no. 22 Q. Do you know why--was there, in April of 23 1993, do you know why Alabama Power Company did some 24 exploratory testing on that property with respect to 25 PCBs? 183 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044802 1 A. Other than the fact that they had uncovered 2 what looked like to be some kind of waste materials, 3 no. 4 Q. So they uncovered this waste material and 5 they die some testing to determine what it was? 6 A. I believe that's correct, yes. 7 Q. When this material was discovered, did they 8 contact you, someone from Alabama Power Company? 9 A. Contact me personally? 10 Q. Yes. 11 A. No . 12 Q. Do you know who they, do you know who they 13 contacted at Monsanto? 14 A. No, I don't. 15 Q. Do you know who notified ADEM and EPA-16 A. My-- 17 Q. --that PCBs were detected? 18 A. My understanding was it was Alabama Power. 19 Q. Now, you said that Monsanto voluntarily 20 reacquired title of this property; is that correct? 21 A. Yes. 22 Q. Alabama Power Company didn't ask Monsanto to 23 take it back? 24 A. I don't know. 25 Q. So you really don't know whether it was Kaley, Robert Ph.D. MCWANE 184 WATER PCB-SD0000044803 1 voluntary or not? 2 A. To my understanding, it was voluntary. I 3 don't--you know, that's my understanding. 4 Q. Where did you gain that understanding? 5 A. Just from being marginally involved at the 6 time. 7 Q. What investigation did Monsanto do of the 8 west end landfill? 9 A. Well, we certainly did a lot of PCB sampling 10 on it. 11 Q. And what kind of, what kind of results were 12 you getting in the landfill? Do you recall the 13 levels ? 14 A. I don't. That information certainly exists. 15 Q. But you don't recall today? 16 A. No. 17 Q. Now, did Monsanto --now, you state in one of 18 your affidavits that Monsanto, Monsanto upgraded the 19 cap that had been placed on the area prior to its 20 transfer to Alabama Power Company. Do you recall 21 that? 22 A. Yes. 23 Q. What cap are you referring to that was 24 placed on there prior to the acquisition by Alabama 25 Power in 1960? 185 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044804 1 A. Clay, clay cover. 2 Q. Okay, do you have any--are there any 3 documents that, that discuss that? 4 A. Not that I'm aware of. 5 Q. How did you learn that a cap was placed on 6 the property prior to the sale to Alabama Power 7 Company in 1960? 8 A. Probably through discussions with Jerry at 9 the plant 10 Q. Why would, why would Monsanto put a cap on 11 that landfill, prior to the-12 A. That's, that's the appropriate way to deal 13 with any landfill, is to cap the land. Once you are 14 done using the landfill, you put a cap on it. That's 15 how the, that's how landfills are closed. 16 Q. That's the way it was done in 1960? 17 A. With a clay cap? 18 Q. Yeah. 19 A. Yes. 20 Q. Do you know any details of, of this clay cap 21 that was put on the landfill in 1960? 22 A. No . 23 Q. And do you believe that Jerry Brown has 24 those details? 25 A. I believe if he doesn't, he would know if 186 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044805 1 they exist, who has them. 2 Q. Sure, because based on discussions earlier, 3 Jerry Brown probably wasn't at Monsanto at the time 4 that that acquisition by Alabama Power Company 5 occurred; right? 6 A. Right, but he has been the environmental 7 person at the plant at some point in his career and 8 would probably be the most knowledgeable about 9 conditions at those landfills. 10 Q. Now, do you believe that the west end 11 landfill was, was a source of the PCBs that are 12 being--that were discovered in the 11th Street ditch 13 and Snow Creek? 14 A. I don't believe it was a significant source 15 of PCBs to those waterways, no. 16 Q. What do you base that, what do you base that 17 on? 18 A. Primarily, just my recollection of the 19 relatively low levels of soils, of PCBs on the soils 20 on the cover of that landfill and the fact that, that 21 there were higher levels discovered in other waterways 22 leading to the 11th Street ditch. 23 Q. Were there storm water controls with respect 24 to that, to that landfill prior to what you call the 25 upgrade in 1995? 187 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044806 1 A. Mm, I don't know. 2 Q. In fact, isn't it true that it's very 3 unlikely that any storm water controls were on that 4 landfill until the upgrade in 1995? 5 A. I said I don't know. 6 Q. In 1960, were people concerned with storm 7 water? 8 A. I'm sure they were somewhat concerned. I 9 don't really know how much or to what extent, no. 10 Q. How about--you seem to know a lot about 11 landfills in the 1960's. Was, was control of storm 12 water from landfills a concern? 13 A. I don't know a lot about landfills in 1960. 14 I know that there was a clay cap put on that, what is 15 now called the west end landfill. 16 Q. And do you know, prior to 1995, were there 17 any fences around this west end landfill? 18 A. Yes, I believe there were. 19 Q. Do you know when, when those fences would 20 have been up? 21 A. I don't know specifically. 22 Q. What makes you think that there were fences 23 around that landfill? 24 A. I seem to recall seeing them. 25 Q. Do you think that those fences would have 188 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044807 1 been installed after--sometime around the same time 2 that Alabama Power Company discovered the, the PCBs in 3 1993? 4 A. I don't believe so. I think it was fenced 5 prior to that. 6 Q. Why would it have been fenced? 7 A. Because Alabama Power had, had electrical 8 lines running across it, high tension lines. 9 Q. Was it fenced in 1960, when, when Monsanto 10 sold the property--or when Alabama Power Company and 11 Monsanto did the land swap? 12 A. I don't know. 13 Q. You haven't seen any documents that would 14 reflect that, have you? 15 A. No. 16 Q. Tell me what, what the upgrade with respect 17 to the west end landfill included. 18 A. I'm not sure I recall specifically at this 19 time. I believe there was an impermeable cover put on 20 top of it, a synthetic fabric and then additional, you 21 know, 12 to 18 inches of clay were put on top of that, 22 but I don't recall specifically. 23 Q. Do you recall whether it involved rerouting 24 of drainage ditches around the landfill area? 25 A. I believe that some of that occurred, yes. 189 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044808 1 Q. Why were the drainage ditches around the 2 landfill area rerouted? 3 A. Well, because during the recovering of the 4 landfill, the recapping of the landfill, I believe the 5 storm water flow, storm water flow was somewhat 6 changed, so it had to be adapted to, to handle the 7 storm water flow. 8 Q. Were those ditches in place before you put 9 on the upgraded cap? 10 A. I don't know. 11 Q. Do you think--well, they, they, would have 12 had to have been, since, since the upgrade involved 13 the rerouting of drainage ditches, right? 14 A. That's a legitimate--yes, that's a fair 15 conclusion. 16 Q. So is it safe to say that the drainage 17 ditches were there to drain storm water away from the 18 landfill? 19 A. Well, they were there to drain storm water. 20 I don't--I mean presumably, it was away from the 21 landfill, yes. 22 Q. Now, in 1991, did the Alabama Department of 23 Public Health issue a notice with respect to 24 consumption of fish in Choccolocco Creek and Snow 25 Creek? 190 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044809 1 A. Not in 1991 that I'm aware of. 2 Q. 1993. 3 A. 1993, yes. 4 Q. And do you recall how--do you recall if 5 Monsanto reacted to that advisory? 6 A. Well, I'm sure we reacted in one way or 7 another. I believe it helped prompt some of the 8 sampling that we were doing in the--in the amendment 9 to up--to get our RCRA permit renewed. 10 Q. Did Monsanto dispute that there was any, any 11 potential danger to human health with respect to the 12 discovery of PCBs in the fish tissue? 13 A. We--I believe that--I don't know whether 14 they disputed it or not, frankly. I don't believe 15 there was any threat to human health from the levels 16 of PCBs in that tissue, but certainly, we agreed with 17 and supported Alabama Department of Public Health's 18 enforcement of the no consumption advisory because the 19 levels were above the FDA tolerance levels. 20 Q. Do you recall what remediation of Snow Creek 21 Monsanto undertook with respect to PCB contamination? 22 A. What, I mean, what part of--any of Snow 23 Creek? 24 Q. Yeah, when was the first time that Monsanto, 25 Monsanto did any remediation of Snow Creek with 191 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044810 1 respect to PCB contamination? 2 A. I'm not aware that they've done any 3 particular, at this point. 4 Q. How about-5 A. I mean, there was some work done at areas 6 adjacent to, during the construction of the Quintard 7 Mall, there was some work done around Snow Creek, and 8 there was work done adjacent to Snow Creek at the 9 Oxford Park ball fields, but as far as the creek, 10 itself, I'm not aware. I think that's still in the 11 future plans. 12 Q. Are you familiar with the solid waste 13 management units at the Anniston Plant? 14 A. Only in the vaguest of terms. 15 Q. Okay, who would have the most knowledge 16 about the solid waste management units? Would that be 17 Jerry Brown? 18 A. Probably at this point, he would certainly 19 have some of it, say Craig Branchfield may be the most 20 knowledgeable at this point. 21 Q. Are you aware if Monsanto, the Anniston 22 Plant had any other landfills other than the west end 23 landfill? 24 A. Well, certainly, the south landfill south of 25 the plant, sure. 192 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044811 1 Q. And how long did the south landfill operate? 2 A. My recollection is it operated from 1960 3 until it was closed sometime in the late 1980's. 4 Q. Do you know what material went into that 5 landfill? 6 A. A variety of materials from the processes at 7 the plant. 8 Q. Material from the lead pot process? 9 A. It's conceivable that some of the dross or 10 some of the, the other wastes could have gone in there 11 in that belief, four-year period. I think, as it says 12 in my letter, I think that the pots were only used 13 intermittently from 1961 to '64, so I would think not 14 much, but it'spossible. 15 Q. What information did you provide to Alabama 16 Power with respect to the west end landfill when they 17 were doingtheir investigation? 18 A. Did I personally? 19 Q. What information are you aware of that 20 Monsanto provided to Alabama Power? 21 A. Alabama Power or toADEM? 22 Q. Alabama Power. 23 A. At the transfer--I'm sorry, would you state 24 your -- 25 Q. At the reacquisition-- 193 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044812 1 A. Would you restate your question, please? 2 Q. When Monsanto reacquired the west end 3 landfill, did Alabama Power contact Monsanto, 4 requesting certain information relating to that 5 landfill? 6 A. I don't know specifically. 7 Q. Do you know when Monsanto first tested storm 8 water runoff from the Anniston Plant for PCBs? 9 A. In--well, I mean, there was some runoff 10 tested in the 1960's, if you are talking about 11 post-Alabama Power in 1993, it was probably late 1993 12 or early 1994. 13 Q. What, if anything, did Monsanto do when they 14 detected PCBs in the storm water runoff in the 1960's? 15 A. Started sampling into the drainage patterns 16 into the flood plains of the various creeks to find 17 out the extent of the contamination and try to 18 identify the source of the low levels of PCBs in that 19 storm water. 20 Q. Are you familiar with, with how much PCBs or 21 PCB waste was entering the environment from the 22 Anniston Plant in the 1960's and '70's? 23 A. I've seen, you know, I've seen documents 24 talking about certain levels in, in the discharge, 25 yes. 194 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044813 1 Q. Was it--and how many, how many pounds do you 2 think that the Anniston Plant was, was losing in the 3 1960's and '70's? 4 A. For the 1970's, very, very small amounts. 5 Q. Well, because they-- 6 A. In 19-- 7 Q. --closed in 'seventy--they stopped in '71. 8 A. That's correct. 1960s, I mean there were 9 various estimates. I mean I've seen something up to 10 250 pounds a day. I think that was probably a, an 11 outrider, but I have no reason necessarily to dispute 12 that. I don't have any documentation that that's a 13 wrong number, but it was --I mean, it was based on 14 estimates of water flow and reliance on the analytical 15 methods, but I know certainly that number is out 16 there. 17 Q. And that was in the I960'1 s? 18 A. Late 1960's,-- 19 Q. And was that happening-- 20 A. --correct. 21 Q. Was that happening every day at the facility 22 or just, just on days when production was occurring? 23 A. I don't even know that it was happening on 24 days that production was occurring. It was one point 25 in time. There are other values that are much lower. 195 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044814 1 I mean, it's just obviously, it's the highest that 2 anybody has found in the documents, so it's the one 3 people like to talk about, but I don't think it 4 necessarily represents daily production. 5 Q. Do you know how many pounds of PCBs or 6 Aroclor losses the Anniston Plant was experiencing 7 during the 1950's? 8 A. No. 9 Q. Have you seen any documents on that? 10 A. No. 11 Q. Who would have that information? 12 A. I don't think that information exists. 13 There weren't methods available to measure PCBs in the 14 plant discharges at that time frame. 15 Q. So Monsanto has no idea how, how much PCB 16 losses that the Anniston Plant was experiencing prior 17 to the 1960's, correct? 18 A. I don't know whether they have any idea or 19 not. There is certainly no data on levels in plant 20 discharges in that time frame. 21 Q. Well, how else would they know? 22 A. I don't know. 23 Q. If they at any time do testing? 24 A. I don't know. 25 Q. Do you know when Monsanto first informed, 196 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044815 1 informed either ADEM or EP--when did Monsanto first 2 inform ADEM that the plant was suffering losses of 3 PCBs to the environment? 4 A. As soon as we found out in the late 1960's. 5 It was, it was IWIC at the time or AWIC, the Alabama 6 Water Improvement Commission, but Monsanto notified 7 them promptly upon the, the measurement and 8 confirmation of the levels in the outflow. 9 Q. Did Monsanto take any steps to notify the 10 residents of Anniston about PCB losses from that 11 facility? 12 A. I'm not aware of any, but we did notify the 13 regulators, which was the appropriate thing to do and 14 still is today. 15 Q. In the 1970's, did Monsanto inform the 16 residents of PCB losses from the, from the Anniston 17 Plant? 18 A. We weren't making PCBs from the Anniston 19 Plant in the 1970's. 20 Q. I understand that, but even though 21 production was not occurring after 1971, isn't it true 22 that, that PCBs were still leaving the, the Anniston 23 Plant and entering into the 11th Street drainage ditch 24 at the very least? 25 A. In retrospect, that may be the case. I'm 197 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044816 1 not sure we were aware of that at the time. 2 Q. Because isn't it true that, that PCBs can 3 get trapped in soils and then over time, they can be 4 released? 5 A. Well, I don't know that they're necessarily 6 released. They can be trapped on soils and moved 7 downstream as those soils are moved downstream. 8 That's one of the mechanisms for transported PCBs in 9 the environment, yes. 10 Q. Did Monsanto continue to test the storm 11 water leaving the Anniston facility in the 1970's? 12 A. Not that I'm aware of. 13 Q. Do you know if Monsanto tested the storm 14 water that was leaving the Anniston Plant in the 15 198 0's ? 16 A. Not that I'm aware of. 17 Q. How about the 1990's? 18 A. Certainly. 19 Q. Certainly, and that testing, does that 20 testing reveal that PCBs were being released from the 21 Anniston Plant into the 11th Street drainage ditch and 22 Snow's Creek in the 1990's? 23 A. At very trace levels yes. 24 Q. So wouldn't, would you, would you 25 just--wouldn't, wouldn't it make sense that if 198 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044817 1 releases were occurring in the Nineties, that those 2 releases were also occurring in the Seventies and 3 Eighties ? 4 A. There's no reason to suggest that's not the 5 case. 6 Q. And would it also make sense that, that the 7 releases would have probably been at higher levels in 8 the Eighties and then at higher levels in the 9 Seventies? 10 MR. NASSIF: I object to the form, and I'll 11 also object calls for speculation on the part of the 12 witness. Go ahead, Bob. 13 A. Not necessarily. 14 BY MR. LANGLAIS: 15 Q. Why? Why wouldn't it? 16 A. Well, I don't, I don't know that there's--we 17 would know any reason why they necessarily would have 18 gone up or gone down. There's low-level contamination 19 on some of the soils adjacent to some of those 20 drainage ditches, and if the leaching were occurring, 21 I don't know any reason why it would--or not leaching, 22 but the washing away were occurring, I don't know any 23 reason it would be accelerated in the '70's or '80's 24 compared to the '90's. 25 Q. And from the year 2000 till today, has --is 199 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044818 1 the facility testing storm waters that leave the 2 Anniston facility? 3 A. Oh, you bet. 4 Q. And are those storm water --are you still 5 detecting PCBs in that storm water? 6 A. No, but there's been, you know, extensive 7 remediation done around the plant, so -- 8 Q. So over time, there's a decrease? 9 A. Well, after extensive remediation of the 10 areas that were leading to those storm water 11 discharges, there's been a significant drop, yes. 12 Q. When, when did you do the extensive 13 remediation to cause that drop? 14 A. In the mid 1990's. 15 Q. How do the levels in the early 1990's 16 compare with the levels in the late 1990's, as far as 17 PCBs in storm water leaving the Anniston facility? 18 A. In my recollection of the levels in 19--when 19 we started testing were in the two-, to three-, to 20 six-part-per-billion range. In storm water today, 21 they are nondetectable, I think. 22 Q. What controls did Monsanto have with respect 23 to the south landfill? 24 A. They were different at various times. 25 Q. What storm water controls are you aware that 200 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044819 Monsanto had with the south landfill? A. At what time frame? Q. When they first started using it in the 1960's. A. I don't know. Q. Is it safe to say they had none? A. I don't know. Q. Do you know who would know? A. Again, I would point you to Jerry Brown. Q. At some point, were, were storm water controls added to the south landfill? A. Various times, yes. Q. Can you tell me what controls were put in place and when? A. I believe there was a sump put in place in the early 1970's. That's the one that springs to mind, and then, of course, extensive controls were put in place in the mid 1990's. Q. Why was a sump put in? What triggered that? A. You know, I don't remember what the, what the triggering incident was for them, and obviously, the, the landfills were capped in the, in the 1980's, so that was, you know that would have affected control, all storm water control, also. Q. But prior to, prior to 1980, was there a cap 201 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044820 1 on the south landfill? 2 A. There may have been on parts. I don't know. 3 Jerry would know the answer to that. Jerry-- 4 Q. The south landfill was still in use, right? 5 A. Parts of it were, yes. 6 Q. So you wouldn't cap the landfill if it was 7 still in use? 8 A. Not the parts that were in use, yes. 9 Q. Other than the south landfill and the west 10 end landfill, there any other landfills at the 11 Anniston facility that you are aware of? 12 A. No. 13 Q. Did Monsanto ever send any waste offsite for 14 disposal? 15 A. I don't believe so. I don't--I mean, we do 16 now, I believe, maybe some, but I don't think, you 17 know, during the time PCBs were being manufactured, I 18 do not believe it was sent offsite. 19 Q. Are you aware if Monsanto ever did any 20 burning of, of waste materials in any of the 21 landfills? 22 A. There was a, what was called a TP 23 incinerator on the south landfill for a period of 24 time. 25 Q. And what was the purpose of that 202 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044821 incinerator? A. It was basically burning paper and wood trash. Q. It wasn't to incinerate PCB waste? A. No . Q. Would there be any concern--how would, how would burning of, of material in that--you call it TP? A. Mm-hmm. Q. How would burning of material in there affect any underlying PCBs in that area? A. I didn't--I don't know. Q. Could, could, could that have an effect on PCBs? A. I suppose it could increase volatility if there were some on those soils for a very short time until they were volatilized. I don't really know. Q. Did the Monsanto plant have, have issues with dust control at any of--at either of the landfills that we've discussed? A. I'm not aware of anything to that, to that effect. Q. Do you know if -- A. I don't know. Q. Do you know if Monsanto had measures to control dust from the west end landfill? 203 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044822 1 A. I don't know. I mean, certainly, we did 2 during--you know, I mean certainly, we did during 3 construction of the, of the cap. I mean, dust 4 controls were instituted during the -- 5 Q. Sure. 6 A. --to the upgrade of the cap, but prior to 7 that, I don't know. 8 Q. For example, 1930 to 1960, you aren't aware 9 of any dust control measures that were taken? 10 A. I don't know. 11 Q. You say in your affidavit that following 12 your reacquisition of the west end landfill, that 13 Monsanto unexpectedly detected PCBs in storm water 14 runoff. Why would that be unexpected? 15 A. Because we had no reason to believe that 16 there was official soils containing PCBs that would be 17 contributing to PCBs in the land--in the storm water. 18 Q. Did you, did you think that, that all the 19 PCBs were well contained within those landfills? 20 A. Yes. 21 Q. They were in metal drums? Right? 22 A. Yes. I believe they still are. 23 Q. Okay, and metal drums don't rust? 24 A. I don't know whether they do in--under 25 landfill conditions or not, but when they're under a 204 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044823 1 clay cap, they're not going to be--you know, there's 2 no mechanism for the PCBs to get to the surface. 3 Q. What can you tell me about issues relating 4 to emissions of PCBs from the Anniston facility? Do 5 you have any personal knowledge about that? 6 A. I'm not sure what you mean by your question. 7 Q. Did one of the--you said one of your jobs 8 was to address issues relating to PCBs at the Anniston 9 facility; is that correct? 10 A. I don't know whether I said that or not. I 11 assume it--I mean, it wasn't anything that specific, 12 but certainly, I mean my involvement in the 1985 and 13 subsequent to 1993 did involve some issues with regard 14 to those, those questions. 15 Q. Does the, does the Monsanto facility 16 currently test emissions, the Anniston facility, 17 emissions, are emissions from that facility currently 18 tested for PCBs? 19 A. Storm water is tested. 20 Q. How about air emissions? 21 A. We have some air sampling of the fence line 22 of the facility. 23 Q. Okay, and what--did that--did you also do 24 some sampling of air emissions during the 1990's? 25 A. We started, I believe we started in about 205 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044824 1 1998, I think, is when that started. 2 Q. Prior to that time, are you aware of any air 3 emission sampling at the Anniston facility? 4 A. No. 5 Q. With respect to PCBs,-- 6 A. No. 7 Q. --vapors? 8 A. No. There--well, there was some minimal 9 sampling done in the early 19--late 1960's at emission 10 points where fugitive emissions were occurring in the 11 process. 12 Q. Okay, there was no fence line testing done 13 at that time? 14 A. No, there was none. 15 Q. Can you--what can you tell me about the, 16 about the PCB vapors in terms of how, how far PCV--PCB 17 vapors would travel if they, if they are, like, 18 aerosolized or become vapors? 19 A. Well, I don't--I mean, that's so general, I 20 don't know really how to answer that. I mean 21 certainly, large amounts are going to precipitate out 22 almost immediately. They're going to vaporize, the 23 vapors are going to travel in a, in a way consistent 24 with the wind direction, and if they were contributing 25 to PCB levels, you would see some sort of plume away 206 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044825 1 from the plant that's not seen in the soil sample, so 2 I don't think PCB air transport from the plant has 3 been an issue at any point in the process, but the 4 other side of that is, obviously, small amounts of 5 PCBs can get in the atmosphere and be transported 6 great distances, so I--that's the local and the global 7 answer. 8 Q. Wouldn't--strike that. 9 MR. LANGLAIS: What time we looking at? 10 MR. NASSIF: It's 2:30. 11 THE VIDEOGRAPHER: Counsel, this would be a 12 good time for a tape change. 13 MR. LANGLAIS: Okay. 14 THE VIDEOGRAPHER: This will end tape number 15 3 in the deposition of Robert Kaley II. We're off the 16 record at 2:35 P.M. 17 (Pause for tape change.) 18 (Recess.) 19 THE VIDEOGRAPHER: We're back on the record 20 at 2:46 P.M. This will given tape number 4 in the 21 deposition of Robert Kaley II. 22 BY MR. LANGLAIS: 23 Q. Mr. Kaley, I want to talk about the 24 operating period for the south landfill. Isn't it 25 true that the--that at least portions of the south 207 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044826 1 landfill were used in the late 20's, 30's, '40's 2 through the '60's, '70's and '80's and not just 3 started in the 1960's? 4 A. I'm not aware of Monsanto using it during 5 that time frame. 6 Q. If there are documents that, that state 7 contrary to your position, that it was begun in the 8 '60's, would you have any reason to dispute those 9 documents? 10 A. I would have to see the documents to know 11 the answer to that. 12 Q. Where did you gain your information about 13 the south landfill? 14 A. Just what I've learned over the, you know, 15 the past ten years dealing with the issues down there. 16 Q. Did it involve the review of, of any 17 documents? 18 A. Not that I recall, no. 19 Q. Who, whose disc--who do you have discussions 20 with with respect to that south landfill? 21 A. Again, primarily, Jerry, Jerry Brown. 22 Q. He wasn't there in the '30's, '40's and 23 50's, as we know; right? 24 A. That's correct. 25 Q. You had mentioned earlier that there was a 208 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044827 1 follow-up letter to your letter which we have marked 2 as Kaley 1. 3 A. Yes. 4 Q. That was a letter prepared by Craig 5 Branchfield? 6 A. That's correct. 7 Q. When was that letter sent to you? 8 A. I, I don't recall specifically. 9 Q. Was it, was it sent before, or after January 10 31st, 2003? 11 A. Oh, I'm sure it was before that. 12 Q. Okay, why wouldn't you have sent a letter? 13 A. I don't know the answer to that. 14 Q. Okay. 15 A. I mean Craig, Craig--it was primarily 16 dealing with sampling issues, and sampling results, 17 and Craig was--had more direct responsibility for 18 those, and also had, had taken over more of the 19 responsibility for communications at that point. 20 Q. Did that letter change anything that you had 21 stated in your letter? 22 A. No, it reinforced it. 23 Q. And what do you believe was in 24 Mr. Branchfield's letter that reinforced what you 25 stated? 209 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044828 1 A. Primarily, additional sampling results that, 2 that showed that, that lead was not associated with 3 discharges from the Monsanto facility. 4 Q. Did you undertake any other investigation in 5 connection with Mr. Branchfield's letter? 6 A. No. 7 Q. Did you review Mr. Branchfield's letter 8 prior to it being sent? 9 A. I don't believe so. 10 Q. Did you speak with Mr. Branchfield? 11 A. I don't recall having done so. With regard 12 to his letter, I don't recall having done so. 13 Q. Did you know that Mr. Branchfield was 14 sending a follow-up letter to yours? 15 A. I'm not sure. 16 Q. Are you familiar with the 1996 NPDES permit 17 for the Anniston facility? 18 A. Just not much more than the fact that we 19 have an NPDES permit. 20 Q. Do you happen to know any of the parameters 21 for that permit? 22 A. I believe there's a measurement parameter, 23 measurement--a measurement-only parameter for PCBs, 24 but I don't know what it is. 25 Q. Do you know if there are any parameters with 210 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044829 1 respect to metals? 2 A. I wouldn't be surprised, but I don't know 3 what they are. 4 Q. Do you know if lead would be one of those 5 metals ? 6 A. I don't know. 7 Q. Again, that's something that Jerry Brown 8 would know? 9 A. Um, 1996, NPDES, I don't know whether he 10 would or not. I don't know--whoever the environmental 11 manager is. Craig would know. 12 Q. Do you know if the Anniston facility had an 13 NPDES permit prior to that time? 14 A. I, I believe they did yes. 15 Q. And do you know if that permit had 16 parameters with respect to lead? 17 A. I don't know. 18 Q. Do you know if the Anniston facility had any 19 problems with mercury? 20 A. There was certainly mercury used at the 21 plant. I don't know that there were, quote, 22 "problems" with it. 23 Q. How was mercury used? 24 A. It was used in a process to manufacture 25 chlorine. 211 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044830 1 Q. Are you familiar with that process? 2 A. Somewhat, yes. 3 Q. When was that process first performed? 4 A. I want to say 1952. 5 Q. And how long, how long was that process 6 performed from 1952 through-- 7 A. 1969. It ended in 1969. 8 Q. Can you describe what role mercury played in 9 that process? 10 A. It was basically a process involving 11 electrolysis of sodium chloride, and mercury was one 12 of the electrodes. It's what's called a moving 13 electrode in that particular process. 14 Q. Have there been detectable levels of mercury 15 at the Anniston plant? 16 A. No, not necessarily. No, the levels 17 are--they're detectable, but I don't think they're 18 necessarily above background levels. 19 Q. Do you know when, when mercury started to be 20 tested at the Anniston Plant? 21 A. In the 1990's, when we were doing our 22 testing. 23 Q. So it's your testimony that mercury wasn't 24 used at the Anniston Plant after 1962? 25 A. '69. 212 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044831 Q. '69? That's your testimony? A. To my knowledge, that's the case, yes. Q. Did, did the Anniston Plant have any issues, either at or prior to your arrival, with respect to mercury losses to the environment? A. I'm not sure what you mean, prior to my arrival Q. Okay, at--in your--based upon your knowledge of the facility and the historical--I guess this would be historical question, are you aware of any problem that the Anniston Plant had with respect to mercury impacts to the environment from its Anniston Plant? A. No, I'm not aware of any impact to the environment based on mercury discharges from the plant. Q. Do you know if the Anniston facility tests or has tested for mercury within the 11th Street drainage ditch? A. I don't know specific. I, I believe they have, yes. Q. And do you know if they, they detected mercury in the drainage ditch? A. I don't recall. I wouldn't be surprised if they detected mercury. It's detectable in background levels throughout the country, so I wouldn't be 213 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044832 1 surprised if they detected it. I don't believe they 2 detected it at elevated levels. 3 Q. Elevate-- 4 A. Elevated above background. 5 Q. Is the--if you know, is the Anniston Plant 6 located within a flood plain? 7 A. I do not believe the plant, itself, is in 8 the flood plain of any body of water for which a flood 9 plain is defined, meaning primarily Snow Creek and, 10 and Choccolocco Creek. 11 Q. Do you know if the Anniston Plant has, has 12 historically flooded? 13 A. I've never heard that. I don't know, 14 though. 15 Q. Do you know who Alan Topol is? TOP-ohl? 16 A. TOPE-uhl (Phonetic)? Yes. 17 Q. TOPE-uhl? Who is Alan Topol? 18 A. He's an attorney. 19 Q. Do you know who Dustin Minor is? 20 A. Yes. 21 Q. Is who is Dustin Minor? 22 A. He's an attorney for the EPA. 23 Q. In the--I understand that in the 1970's, 24 Alabama Power constructed a power substation on the 25 property that they acquired from you, the west end 214 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044833 1 landfill property? 2 A. I certainly know they constructed--! don't 3 know about the date, but I know they did construct a 4 substation on that property, yes. 5 Q. Are you aware if, if Alabama Power Company 6 approached Monsanto at the time of that construction 7 with respect to the historical use of that area? 8 A. I'm not aware of that,-9 Q. Is it your -- 10 A. --if they did, or whether they did. 11 Q. Is it your testimony that the Alabama 12 company knew that that was a landfill when they 13 acquired title to the property? 14 A. Yes. 15 Q. Do you know when Monsanto constructed its 16 waste treatment facility at the Anniston site? 17 A. Well, it was sometime subsequent to 1960, 18 because that was one of the bases for the land swap, 19 was that we used the land we got from Alabama Power 20 for the construction of the waste treatment facility 21 and they, they did their -- the construction on some of 22 the land that they swapped from us, so I don't really 23 know specifically, but it was sometime subsequent to 24 1960 . 25 Q. What waters were treated in that treatment 215 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044834 1 facility, if you know? 2 A. Primarily, waters from the parathion 3 process. 4 Q. Were storm waters treated in that treatment 5 facility? 6 A. I do not believe so, no. 7 Q. Do you know how the parathion waters were 8 treated? 9 A. Not specifically. 10 Q. Is it your understanding that that treatment 11 system only involved the adjustment of pH? 12 A. I don't know what, what was involved. 13 Q. In 1970, Monsanto apparently installed some 14 curbing and diking around the Aroclor manufacturing 15 area. Are you aware of that? 16 A. I believe I heard that, yes. 17 Q. What was the purpose of that additional 18 diking and curbing? 19 A. I don't know. 20 Q. Who would know that? 21 A. I would think Jerry would be knowledgeable 22 about that. 23 Q. Do you know who reported to Jerry? 24 A. I don't know, no, I don't know if anyone 25 did. 216 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044835 1 Q. And I think you testified earlier that Jerry 2 reported to the environmental manager of the plant? 3 A. No. 4 Q. I mean the plant manager; I'm sorry. 5 A. That's my understanding, yes. I believe 6 that's correct. 7 Q. You-- 8 A. I mean, certainly, at the time--I'm sorry. 9 Q. That's okay. 10 A. At the time he was environmental manager, I 11 believe he reported to the plant manager, he had other 12 responsibilities, and I don't know who he reported to 13 during those other times. 14 Q. Did Monsanto undertake to treat storm water 15 runoff from the biphenyl and polyphenyl manufacturing 16 areas at the Anniston Plant? 17 A. During what time frame? 18 Q. During the time that PCBs, or rather, 19 biphenyl and policy phenyls were being manufactured. 20 A. Well, biphenyls and polyphenyls are still 21 being manufactured. 22 Q. At the Anniston Plant? 23 A. Yes, biphenyl and polyphenyls are still 24 being manufactured at the Anniston Plant. 25 Q. Do you know historically if, if the Anniston 217 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044836 Plant has treated surface water from those manufacturing areas? A. I don't know specifically. Q. Are you familiar with how the construction of Highway 202 changed storm water run off from the Anniston Plant? A. In only the most general terms. Q. What do you--tell me what you know about that. A. Well, I mean basically, the Highway 202 was cut through what had been the toe of the south landfill, and those materials were moved up into the landfill and, and covered, and so that would have changed the storm water. It could no longer flow down the, the whole face of that landfill. It was directed into ditches which ran under Highway 202 after its construction. Q. And how did the Anniston facility handle off-spec products throughout its history? A. I don't know. Q. Do you know if there was any, any system in place to recycle or reuse those off-spec products? A. I believe--are we talking about--which products are we talking about, in the first place? Q. Biphenyl. Kaley, Robert Ph.D. MCWANE 218 WATER PCB-SD0000044837 1 A. Biphenyl, itself? 2 Q. Mm-hmm. 3 A. I don't know. I don't know. I would be 4 speculating. 5 Q. How about PCBs? 6 A. Same answer. 7 Q. Do you know how they handled waste residues? 8 A. Other than drumming them, putting them in 9 the landfill, no. I mean, that's what my 10 understanding of how those residues were handled. 11 Q. Was that typical to, to drum waste like that 12 in the 1930's? Do you know? 13 A. I believe it would have been. I mean, you 14 have to transport them somehow, and drumming would 15 have been the way to transport them. 16 Q. How did they get the drums to the, to the 17 landfill? 18 A. I don't know. 19 Q. They probably trucked them, right? 20 A. I would--that would be a safer assumption, 21 but I don t know. 22 Q. They could have just as easily put the waste 23 in the back of the truck and dumped it in the 24 landfill, couldn't they? 25 A. No, because then you have a contaminated 219 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044838 1 truck. 2 Q. Yeah, but at the time, the company clearly 3 wasn't concerned with, with PCB contamination, or 4 they-- 5 A. Well, we're both-- 6 Q. --wouldn't have been-- 7 A. -- speculating-- 8 Q. --dumping it in the landfill. 9 A. --at this point --I don't know. I told you I 10 don't know. I don't know. 11 Q. In your, in your work with Monsanto, are you 12 aware of any, any companies that have received Montars 13 from the Anniston facility? 14 A. No, I'm not aware of any specific companies. 15 Q. Do you know if that, those Montars were sold 16 locally? 17 A. I don't know. 18 Q. Do you know how the Montars were used? 19 A. In vague terms. 20 Q. What do you--how do you--what can you tell 21 me about that? 22 A. Oh, the only thing I know that I've heard or 23 read is that they were used in, like, adhesives 24 and--hot melt adhesives and used in, like, asphalts 25 for roofings and things like that. 220 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044839 1 Q. And do you think they were also used as 2 asphalt to pave roads and things of that sort? 3 A. I've never heard that. I doubt it. 4 Q. Was there an area in the plant that, that 5 scrap metal would be sent to? 6 A. I don't know. 7 Q. Do you know what chaff is? I know we 8 discussed chat earlier, but do you know what chaff is? 9 C-h-a-f-f? 10 A. I know what it is to me. I thought it was, 11 like, leftover plant material from, like, when you 12 handle wheat. That's how I think of it, is 13 what's--after you've thrashed wheat, you are left over 14 with chaff. 15 Q. How about with respect to the Anniston 16 facility? Have you ever heard that term used with 17 respect to Anniston? 18 A. No. 19 Q. The Anniston Plant, I mean. 20 A. I understand. No, I haven't. 21 Q. Now, the muriatic acid or the hydrochloric 22 acid that, that the company produced, was that a 23 product that was marketed? 24 A. Sometimes, yes. 25 Q. Okay, for the most part, was that something 221 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044840 1 that the company just disposed of? 2 A. I don't know the relative percentages of 3 what was, what was sold. 4 Q. Who would have that information? 5 A. I don't know. 6 Q. Are you aware of any Anniston--any former 7 employees that worked at the Anniston facility prior 8 to 1964? 9 A. Not that I could come up with a name of. 10 Q. Do you think you knew at one time and you 11 just forgot? 12 A. I probably heard names, but I don' t know 13 anybody specifically. 14 Q. Do you know who William Taffee is? 15 A. I've heard the name. 16 Q. When was the last time you spoke to 17 Mr. Taffee? 18 A. I don't believe I ever have. 19 Q. Are you aware that Mr. Taffee apparently 20 been told by his physician or based upon his 21 physician' s evaluation that he's not available for 22 interview? 23 A. No . 24 Q. Do you know who Gene Arnett is 7 25 A. I've heard the name. 222 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044841 1 Q. How about Robert Jones? 2 A. Robert Jones I know. 3 Q. I believe you talked about Mr. Jones 4 earlier; is that correct? 5 A. That's correct. 6 Q. And I believe you mentioned Allan Fost 7 (Phonetic ) earlier? 8 A. Faust, yes. 9 Q. Faust, what is Mr. Faust's role in Monsanto? 10 Is he still employed by Monsanto? 11 A. Yes--or no, he's employed by Solutia. 12 Q. Okay, and, and what is his role currently in 13 Solutia? 14 A. He has some environmental responsibility for 15 some plants. 16 Q. Did he have at any point environmental 17 responsibility for the Anniston Plant? 18 A. He had remediation responsibility. He was a 19 remedia-- he was a remedial manager, there, at that 20 plant for a period of time. 21 Q. And so were he and Jerry Brown kind of 22 counterparts ? 23 A. No . 24 Q. Who handled regular environmental regulatory 25 matters at the Anniston facility? 223 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044842 1 A. During most of this time frame, Robert 2 Jones. 3 Q. Do you know when he started there? 4 A. I don't. 5 Q. Do you believe Mr. Jones would have been 6 there in the '60's? 7 A. Oh, I know he wasn't. 8 Q. Okay. Do you know if there was anyone in 9 place prior to Mr. Jones? 10 A. His environmental manager? 11 Q. Yes. 12 A. There are certain--I mean, Jerry Brown was 13 there at some point. Prior to that, I don't know, and 14 I don't know whether--there were probably 15 intermediaries between Jerry and Robert. 16 Q. Can you name any other individuals who had 17 environmental regulatory--who handled environmental 18 regulatory matters, other than Robert Jones and Jerry 19 Brown? 20 A. I don't believe I know any of the others, 21 no. 22 Q. Would Jerry Brown have been the individual 23 responsible for waste disposal at the facility, at the 24 Anniston facility? 25 A. He may have been at some point. I don't 224 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044843 1 know. 2 Q. Was there, was there a particular person put 3 in charge of waste disposal? 4 A. I'm going to say "when," but the fact is 5 that's not going to change my answer because I don't 6 know. 7 Q. Okay. I'm looking at Monsanto's, or rather, 8 Solutia's responsible to CERCLA Section 104(e), and I 9 believe this is what you were referring to before when 10 you were talking about there was a lead information 11 request and a PCB information request? 12 A. That's my understanding, yes. 13 Q. Did you take part in, in responding to the 14 PCB information request? 15 A. I believe so, yes. 16 Q. Did you, did you prepare all the answers or 17 just some of the answers? 18 A. I think just some of the answers. I don't 19 really specifically recall. I'd have to look at the 20 document and-- 21 Q. Do you recall there being any meetings with 22 you, Jerry Brown, Gene Arnett, Alan Faust, Craig 23 Branchfield, and Robert Jones, with respect to the 24 CERCLA 104(e) responses as they relate to PCBs? 25 A. I'm sure there was not a single meeting 225 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044844 1 involving all those people because I don't believe 2 I've ever met Mr. Arnett. 3 Q. How did you come to assist with a response 4 concerning PCBs? 5 A. Well, I was, during that time had corporate 6 responsibility for PCB issues for Solutia, so I was 7 part of the team or whatever it was that put together 8 that response. 9 Q. Who gave the final okay to the, to the 10 responses to the PCB information request? Was that 11 you? 12 A. I--not necessarily, no. I'm sure it wasn't 13 me. I would assume it would have been one of the 14 environmental attorneys, but I really don't know the 15 answer. 16 Q. Putting aside--who was the last, who was the 17 last Solutia employee--and I'm not talking about 18 attorneys now--who was the last Solutia employee to 19 review, if you know, the PCB responses to the PCB 20 information request? 21 A. I have no idea. 22 Q. Had you ever heard that William Taffee was, 23 was in charge of waste disposal beginning in 1969 at 24 the Anniston Plant? 25 A. I may have. I don't recall that 226 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044845 1 specifically. 2 Q. And that prior to, prior to him being in 3 charge of waste disposal, that there was no one at the 4 Anniston Plant who was responsible or in charge of the 5 waste disposal? 6 A. I--if that's what it says there, that's 7 fine. I have no knowledge of that. 8 Q. Do you know when the when Highway 202 was 9 relocated? 10 A. I should, but I can't give you a date as I 11 sit here today. I must have heard it a hundred 12 time s-- 13 Q. Okay. 14 A. --but I don't know. 15 Q. The 11th Street ditch at the facility, have 16 you come across anything that indicated that that 17 ditch had to be dredged at any time during Monsanto's 18 operation of the Anniston Plant? 19 A. I told you this morning we dredged it in 20 1989. 21 Q. I'm talking about not dredging for purposes 22 of remediation, I'm talking dredging for purposes of, 23 of just maintaining the ditch. 24 A. I'm not aware of that. 25 Q. Did the chlorine manufacturing process 227 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044846 1 produce any waste, to your knowledge? 2 A. I don't recall as I sit here. I don't know. 3 Well, that's not true; I do know. I know there was 4 something similar to the dross we talked about, there 5 was mercury dross that developed in those, in those 6 cells at times that had to be disposed of. 7 Q. Can you describe for me how, how you contend 8 PCBs from the Anniston facility get into the soils of 9 residential homes in Calhoun County? 10 A. I think there's not a single answer to that 11 question. I think there are many ways they got into 12 soils in those homes. 13 Q. Can you tell me, can you tell me those many 14 ways ? 15 A. Well, I believe the ones near the plant on 16 the plood flain (sic)--plood flain--the flood plain 17 may have been transported by flood waters in the 18 streams. I believe some of the soils in the yards are 19 clearly associated with fill. 20 Q. Fill from where? 21 A. I don't--I mean, some of it appears to be 22 associated with foundry sand. Some of it appears to 23 be associated with, possibly, material taken from Snow 24 Creek. 25 Q. Have you seen any documents that indicate or 228 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044847 1 reflect that any of the foundry sand or other 2 materials from foundries contained PCBs? 3 A. Prior to their use as fill? 4 Q. At, at any point. 5 A. Well, I mean there's material that is, 6 clearly looks to be foundry sand that has PCBs in it 7 that we found in some of the residential yards, yes. 8 Q. So the documents you are referring to are 9 basically test analyses -- 10 A. Yes. 11 Q. --that, that your company has performed? 12 How about, how about other documents that reflect PCBs 13 being present in foundry sand? 14 A. I'm not aware of any other documents. 15 Q. When did you first--that theory on the 16 foundry sand, is that something that you developed? 17 A. I don't know that I developed it myself, no. 18 Q. When did you first hear that? 19 A. I don't recall. 20 Q. Is it your testimony that, that no lead from 21 the Anniston Plant--that--is it your testimony that 22 lead detected in residential properties did not come 23 from the Monsanto Anniston Plant? 24 A. I've seen nothing to suggest that it did, so 25 that would be my testimony, yes. 229 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044848 1 Q. Are you aware that in the initial 2 disclosures that your attorneys provided to the 3 defendants in this case, you are identified as someone 4 who has knowledge how PCBs got into soils in Calhoun 5 County? 6 A. I wasn't necessarily aware of that 7 specifically. 8 Q. You don't actually have any personal 9 knowledge about that, right? 10 A. I don't know what you mean by "personal 11 knowledge." I didn't watch the PCBs move into the 12 properties. I mean, I didn't see the soils put in the 13 yards, if that's what you mean. I've looked at 14 analytical data, I've thought about the transport 15 properties of PCBs, and how they move and how they're 16 known to move, and have come to that conclusion. 17 Q. You've seen--have you not seen documents 18 that show that PCBs from the Monsanto Anniston Plant 19 have made their way into soils in Calhoun County? 20 A. I'm sorry, I don't understand your question. 21 Q. Okay, you've, you've seen documents that 22 show that PCBs from the Anniston Plant have, have 23 contaminated soils in Calhoun County, correct? 24 A. I have seen analytical data in patterns 25 which would suggest that the PCBs detected in those 230 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044849 1 soils were a result of discharges from the Anniston 2 Plant, that is correct. 3 Q. Okay. 4 A. But not--that doesn't account for all of the 5 PCBs in all of the yards in Calhoun County. 6 Q. What portion do you think the--I'll call 7 your foundry fill theory, what portion of, of the PCBs 8 that are found throughout Calhoun County do you think 9 are attributable to, to that theory? 10 A. Well, it's not my theory, but--and I don't 11 know what the proportion is. I haven't done an, an 12 analysis of, of what the relative proportions of those 13 might be. I don't know. 14 Q. Isn't it true that, that from the time the 15 Anniston facility started manufacturing PCBs in the 16 late 1920's through 1971 when they stopped 17 manufacturing PCBs and even after, that there were 18 millions of pounds of PCBs that left the Anniston 19 Plant over the course of all those years? 20 A. I wouldn't agree with that. I have no idea 21 what number, what the number is. 22 Q. You wouldn't agree that--how about hundreds 23 of thousands of pounds? 24 A. I don't know what the number is. 25 Q. Didn't you testify earlier that--you gave me 231 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044850 1 a number of 250 pounds per day? 2 A. I said that was the highest number that has 3 been identified in the, in the documents and that I 4 did not believe that, that reflected, necessarily 5 reflected normal daily production. 6 Q. Wouldn't you agree with me that, that the 7 Anniston Plant would likely be the largest contributor 8 of PCB contamination in Calhoun County? 9 A. Only in the waterways leading from our 10 plant. 11 Q. So is it your testimony that, that Monsanto 12 would only be responsible for those PCBs within, 13 within the flood plain? 14 MR. NASSIF: Objection. It calls for a 15 legal conclusion. Go ahead. 16 A. Okay, could you--I'm sorry, could you repeat 17 that question? 18 BY MR. LANGLAIS: 19 Q. The PCBs that are detected in the flood 20 plain, are you familiar with the flood plain? 21 A. Generally, yes. 22 Q. The PCBs detected in the flood plain, whose 23 PCBs are those? 24 A. I don't know. 25 Q. You don't think they would be from Monsanto, 232 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044851 1 do you? 2 A. The PCBs in the flood plains in the streams 3 leaving our plant, some of those certainly are 4 Monsanto. 5 Q. Some of them. 6 A. I don't know what the relative proportion 7 may or may not be. 8 Q. Do you have any other, any other knowledge 9 as to how PCBs got into soils in Calhoun County? 10 A. Not specific, other than their apparent 11 association with foundry sands. 12 Q. Right and you--that's based on what someone 13 told you, right? 14 A. Well, no, I've seen the sands and I've seen 15 the analytical results. 16 Q. Have you seen any documents that reflect 17 that, that what you believe are sands contained PCBs 18 when they were placed into those, into those 19 residential yards? 20 A. No, I don't believe any of those materials 21 were sampled for PCBs before they were placed in 22 residential yards. 23 Q. What makes you think PCBs were in there in 24 the first place? 25 A. Because they're there now, and they're 233 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044852 1 associated with those sands, and it's a consistent 2 finding. 3 Q. You have no personal knowledge of how, how 4 PCBs would have found their way into the, into these 5 foundry sands; correct? 6 A. Not specific, no. 7 Q. So it's really speculation on your part that 8 because you find PCBs and because you may find foundry 9 sands, that the PCBs came with the foundry sand? 10 A. I think that's more than speculation. 11 Q. Well, elaborate for me. 12 A. Well, I think it's a justifiable conclusion 13 from the analytical findings and the observation, the 14 visual observation of those samples. 15 Q. When did you first--when did you first--you 16 said you didn't develop this theory; correct? 17 A. I don't--no, I don't think I developed it 18 personally, no. 19 Q. Are you aware if Monsanto at any time 20 informed the City of Anniston POTW that PCBs were, 21 were getting into the sewer leading from the Anniston 22 Plant? 23 A. I'm not aware that--if PCBs are getting into 24 the sewer leading from the Anniston Plant, and if they 25 are, I'm not aware whether they contacted the local 234 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044853 1 POTW or not. 2 Q. Do you have any knowledge of whether 3 historically, PCBs from the, from the Anniston Plant 4 entered the, the city sewer drains? 5 A. The sanitary sewers? 6 Q. Mm-hmm. 7 A. I don't believe they did, but I don't know 8 specifically. 9 Q. Why would you think that they--that that 10 didn't happen? 11 A. I, I can't imagine a mechanism by which that 12 would happen. 13 Q. So is it your testimony that, that storm 14 water would have just gone into the drainage ditch and 15 nowhere else? 16 A. Yeah, I believe storm water would have gone 17 so the storm water drainage and not into the sewer 18 system. 19 Q. Do you know when the sanitary sewer system 20 was installed? 21 A. No. 22 Q. If I told you that Monsanto's Anniston Plant 23 connected to Anniston POTW sometime in the 1950--1958 24 to 1960 time period, does that ring any bells for you? 25 A. No. 235 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044854 1 Q. Who do you think of, of the following 2 individuals would have the most information with 3 respect to the sewer system at the Anniston Plant? 4 Jerry Brown, Gene Arnett, Alan Faust, Craig 5 Branchfield, or Robert Jones? 6 A. I would have to pick on Jerry again. 7 Q. Do you know where Jerry lives? 8 A. In a town, I think it's called Hamlin, 9 Alabama, near Anniston. 10 Q. Now, you said earlier that you were --you had 11 some knowledge of the solid waste management units at 12 the Anniston facility; is that correct? 13 A. I know there are some. 14 Q. When did that term of art come into play, 15 solid waste management units? 16 A. I believe it's, I believe it's associated 17 with the RCRA regulations which I believe were in the 18 early 1980's. 19 Q. What was your, what was your title in the 20 early 1980's? 21 A. Senior Research Specialist. 22 Q. What involvement did you have with any of 23 the solid waste management units at the Anniston 24 facility when you became Director of Environmental 25 Affairs for Monsanto? 236 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044855 1 A. None. 2 Q. Who had the responsibility over the solid 3 waste management units? Would that have been Jerry 4 Brown? 5 A. And whoever was the environmental manager. 6 Jerry Brown certainly would have had for some time. 7 Q. Do you know if Monsanto's Anniston Plant 8 ever sold or gave away its scrap metal? 9 A. I don't know. 10 Q. Do you know who would have been in charge 11 of, of such a thing, scrap metal at the facility? 12 A. If I don't know they did it, I wouldn't know 13 who would have been in charge of it, if they did it. 14 Q. Do you know if the Anniston facility kept 15 records or logs of spills of PCBs or biphenyl at the 16 Anniston facility at any time? 17 A. I don't know. 18 Q. Have you seen any such logs? 19 A. No. 20 Q. Do they currently maintain logs of, of 21 product spills and things of that nature? 22 A. I don't know. 23 Q. Who would know that information? 24 A. Whoever the plant environmental manager is, 25 or the plant manager, someone currently active at the 237 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044856 1 plant, with some environmental responsibility or 2 process responsibility. I don't know. 3 Q. I'm going to read some lawsuits, some, some 4 lawsuit citations, and you tell me if you've had any 5 involvement in any of these; okay? 6 A. Involvement in what sense? Advising the 7 attorneys? 8 Q. With respect to the PCB issues. 9 A. Okay. 10 Q. Dyer, et al., vs. Monsanto Company. 11 A. Yes. 12 Q. What was your involvement, what was your 13 involvement in that lawsuit? 14 A. Providing technical support to the 15 attorneys. 16 Q. Do you know what that lawsuit involved? 17 A. Yes. 18 Q. What did it involve? 19 A. Landowners on along Choccolocco Creek and 20 Lake Logan Martin in Alabama. 21 Q. Do you know if those matters were settled? 22 A. They were. 23 Q. Were you involved in Shelter Cove 24 Management, Inc., et al., v. Monsanto Company? 25 A. Uh, yes. 238 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044857 Q. And what did that case involve? A. That was a single-plaintiff landowner on lake Logan Martin, I believe Q. And was that case settled? A. I believe it was settled as part of the Dyer settlement Q. Were you involved in the Wilson v. Monsanto Company case ? A. I mean, these are all related cases, so the answer is going to be the same so all of them Q. Okay. A. Yes. Q. How about Sewell v. Monsanto? A. Yes. Q. How about McKaig (Phonetic) v. Monsanto? A. Same, and I know it exists. I mean, I didn't---I don't know that I had--on any of those, I don't know that I had specific, you know--okay, I'm telling you about McKaig now, but it was all technical support around issues around those landowners around the lake. Q. And these--and so far, all these cases settled? A. I couldn't guarantee that every one of them has. There were some cases out there, for instance, 239 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044858 1 McKaig, I'm not sure whether McKaig has or not because 2 I think it had a different set of attorneys than Dyer 3 and the others. 4 Q. In connection with the, with the cases that 5 have settled, do you know if those settlement involved 6 the purchase of, of the individuals' properties? 7 A. On the ones we've talked about so far, they 8 did not. 9 Q. How about--I believe it's pronounced Doak, 10 D-o-a-k, v. Monsanto. 11 A. Frankly, that one doesn't ring a bell. 12 Q. Payton v. Monsanto Company? P-a-y-t-o-n? 13 A. Yes. That's a different lake. That's Lay 14 Lake. 15 Q. Where is Lay Lake located? 16 A. It's downstream of Lake Logan Martin. 17 Q. And is that Lay Lake downstream of 18 the--Monsanto ' s Anniston facility? 19 A. Very far downstream, yes. 20 Q. And that case settled? 21 A. I believe it just recently settled, yes. It 22 had been dismissed and then was reactivated, but I 23 believe that it has settled. 24 Q. How about Mars Hill Missionary Baptist 25 Church v. Monsanto? 240 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044859 1 A. Yes. 2 Q. And again, was that a, was that a property 3 acquisition case? 4 A. Well-- 5 Q. Let me, let me back up. 6 A. It was settled, and as terms of the 7 settlement, we did receive that property. 8 Q. How aboutAbernathy v. Monsanto? 9 A. Yes. 10 Q. Do you know what that case involved? 11 A. Personal injury and property damage claims 12 of Anniston residents 13 Q. And that case has settled; correct? 14 A. Yes. 15 Q. And did you testify in that case in court? 16 A. Yes. 17 Q. Do you know how many days you testified? Do 18 you recall? 19 A. Portions of two days, I believe, as I 20 recall. 21 Q. Do you know when that would have been? 22 A. January or February of 2001 . I don't know. 23 I don't really remember specifically. 24 Q. Did you get to see a copy of your transcript 25 with respect to that testimony? 241 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044860 A. I, I don't recall having reviewed that, the transcript of that. Q. So far, is that the only case, the Abernathy case, out of the ones that I've mentioned that actually went to trial? A. Out of the ones you've mentioned so far, that's correct. Q. How about Long v. Monsanto? A. That's rolled into Abernathy. Q. And is Abbott also rolled into Abernathy? A. I'm not sure. Q. How about Nelson v. Monsanto? A. I believe that was rolled into Tolbert, but I'm not sure Q. How about Brown v. Monsanto? A. I don't know about that one. Q. Massey v. Monsanto? A. I don't know the status of that one. Q. How about Owens and Adam v. Monsanto? A. Yes. Q. Have those cases settled? A. Yes. Q. And were those involve--involving personal injuries? A. Uh, no, those were primarily, those were 242 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044861 1 only property damage, as I recall. 2 Q. Now, in those personal injury cases, those 3 individuals, is it--are you aware that those 4 individuals had their blood tested for PCB levels? 5 A. Well, I'm aware that thousands of people had 6 their blood tested for--I mean, that was--yes. 7 Q. All right, are you aware of any former 8 Monsanto employees that had PCBs detected in their 9 blood? 10 A. Yes. 11 Q. Can you give me the names, if it' s more than 12 one? 13 A. I don't remember. There was one guy, there 14 was a guy named Norville Bush. That's the only name I 15 can think of. 16 Q. Do you know if Mr. Bush is still alive? 17 A. He's not. 18 Q. Do you know what he died of? 19 A. Old age, I believe. 20 Q. Can you recall any other names? 21 A. I'm sorry, I can't. 22 Q. Are you aware of any union grievances filed 23 by any, any employees of Monsanto with respect to PCBs 24 in the workplace? 25 A. To my understanding, there's been none. 243 Kaley, Robert Ph.D, MCWANE WATER PCB-SD0000044862 1 Q. How about the lawsuit of Bowie v. Monsanto? 2 A. That was rolled into Abernathy. 3 Q. Heinz v. Monsanto? 4 A. That was rolled into Owens, I believe. I 5 don't know what the proper term is, but-- 6 Q. And you believe Owens settled, correct? 7 A. Oh, I know it did. 8 Q. And since those were personal injury cases, 9 there was no property acquisition involved; correct? 10 A. No, they were not personal injury cases. 11 Q. Okay. 12 A. Owens was property damage cases, and there 13 was property acquisition involved for some few number 14 of the Owens plaintiffs. 15 Q. How about Moore v. Monsanto? 16 A. Don't know, don't recall the outcome of that 17 one. 18 Q. Do you know what kind of case that was? 19 A. It was personal injury, I believe. 20 Q. Do you know if that case went to trial? 21 A. No, that did not go to trial. 22 Q. How about Swift v. Monsanto? 23 A. Um, I don't recall the outcome of that one. 24 Yeah, I do. Yes, I do. 25 Q. Okay. 244 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044863 1 A. I think it's settled. 2 Q. Is that a property contamination case? 3 A. Yes, it was. It was a business property. 4 Q. How about Hinton, H-i-n-t-o-n, v. Monsanto 5 Company? 6 A. That was dismissed by the Alabama Supreme 7 Court. 8 Q. Do you know why that was dismissed? 9 A. Because the claims they were alleging were 10 not allowed under Alabama law. 11 Q. How about Balkom, B-a-l-k-o-m, v. Monsanto? 12 A. I believe that's the Sauget case that, one 13 Sauget case that was dismissed by the plaintiffs that 14 we talked about earlier this morning. 15 Q. Champion v. Monsanto? 16 A. I don't recall one. Oh, yes, that was 17 rolled into one of the other bigger cases; I don't 18 remember which one. 19 Q. Was that a property case or a personal 20 injury case? 21 A. I believe--I'm not going to--I don't know. 22 Q. Okay. 23 A. I don't remember. 24 Q. Campbell v. Monsanto? 25 A. Don't know. 245 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044864 1 Q. How about Ingraham v. Monsanto? 2 A. Not familiar with that one. 3 Q. Are you familiar with a product known as 4 ferro-manganese? 5 A. I've heard the term. 6 Q. Is it your testimony that that process did 7 not involve lead? 8 A. That would be my understanding, but I'm not 9 very knowledgeable about that process. 10 Q. Do you recall whether there were any SMPs or 11 SOPs in connection with the ferro-manganese process? 12 A. I've never seen it. 13 Q. Are you familiar with a product known as 14 ferro-silicon? 15 A. Same line of answers. 16 Q. Ferro-phosphorus? 17 A. Same answer. 18 Q. And silico-manganese? 19 A. Same answers. 20 Q. So you are unable to say whether or not 21 those processes involved the use of lead? 22 A. I have no reason to believe they did based 23 on the terms in the, in the names of the products, but 24 I don't have specific knowledge. 25 Q. So you were--were you able to just look at 246 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044865 1 the term "biphenyl" and able, able to determine 2 whether or not that process involved lead just by 3 it's--just by the name of the product? 4 A. No. 5 Q. What drew you to look closer to the biphenyl 6 process? 7 A. The frank answer is the request from ADEM 8 to--for more information on the lead pot process. 9 Q. How did you know that the lead pot 10 process--were you aware of the lead pot process prior 11 to that request? 12 A. I was not. 13 Q. Who directed you to look at the biphenyl 14 SMPs in connection with, with doing a response to that 15 lead information request? 16 A. Yen--I directed myself to try to do that, to 17 try to find out what information was available. 18 Q. So did you sit down and look at all the 19 company's SMPs? 20 A. I don't know that I looked at all of them. 21 I looked at, certainly, the ones that I referenced and 22 maybe some others, to the point where I thought it was 23 sufficient to answer ADEM's request for information. 24 Q. Right, but I'm just curious if you are able, 25 you are not able to look at a particular product name 247 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044866 1 and know whether or not that involved lead, yet 2 somehow you were, you were drawn to look deeper into 3 the biphenyl product process, and what I'm trying to 4 understand is what, what caused you to look deeper 5 into that process. 6 A. I believe I just answered that question. We 7 received a request from ADEM about information-- 8 somehow, they'd gotten information that there was a 9 lead pot process, and we were requested to provide 10 information on that, and I was elected, chosen to do 11 the research to be able to provide a response to that. 12 Q. Do you know why, why the company didn't ask 13 Jerry Brown to do the response? 14 A. Well, he was a retiree in the first place, 15 and it wasn't directly in his line of, of 16 responsibility, and it was mine. 17 Q. Well, can you tell me about the product 18 known as phosphoric acid? 19 A. It is a product used in the food industry 20 and other industries, the soap industry. 21 Q. Was it produced at the Anniston Plant? 22 A. Yes, it was. 23 Q. Did that process involve the use of lead? 24 A. I have no information that it did. It was a 25 byproduct of the ferro-phosphorus process or 248 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044867 1 eventually became the product of the ferro-phosphorus 2 process. 3 Q. Do you recall seeing any SMPs or sops in 4 connection with phosphoric acid? 5 A. I do not. 6 Q. How about sodium phosphate? Does that 7 product ring a bell? 8 A. I've heard of it. I don't know--I mean, it 9 would be--it's the sodium salt of phosphoric acid, so 10 it would be -- 11 Q. Do you know if the Anniston--I'm sorry, go 12 ahead. 13 A. I forget what I was going to say. Sorry. 14 Q. Do you know if the Anniston Plant produced 15 sodium phosphate? 16 A. I don't know specifically. I would suspect 17 they did, if they were producing phosphoric acid. 18 Q. And is it your testimony that that process 19 did not involve, that process did not involve the use 20 of lead? 21 A. I have no evidence that it did, or no 22 information that it would have, so -- 23 Q. You can't say either way? 24 A. I, I really wouldn't. I have no 25 information. 249 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044868 Q. How about trisodium phosphate? Is that a product that was produced at the Anniston Plant? A. I don't know. Q. How about monoammonium phosphate? A. Don't know. Q. Diammonium phosphate? A. They all could have been. I mean, they're all just basically derivatives of phosphoric acid. They could have been or not. I don't really recall specifically as I sit here. Q. How about tetrasodium pyrophosphates? A. Same answer. Q. Calcium carbide? A. I believe that was produced at Anniston, but I don't, I don't have any information about it Q. Do you know how that's manufactured? A. No, I don't. Q. Did you come across any SOPs or SMPs about calcium carbide process? A. No . Q. Are you able to testify either way as to whether that process involved the use of lead? A. No . Q. How about aluminous abrasives? A. Don't know. I know they did manufacture 250 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044869 1 abrasives at Anniston. 2 Q. What's the difference between biphenyl and 3 terphenyl? 4 A. Biphenyl is two benzene rings. Terphenyl is 5 three benzene rings hooked together. 6 Q. Were terphenyls manufactured at the Anniston 7 Plant? 8 A. Yes. 9 Q. And did--how were terphenyls manufactured 10 prior to 1964? 11 A. I'm sure they were manufactured in the same 12 process as biphenyls in the lead pot process. I mean, 13 it's all same basically the same process, and that, 14 that was largely the reason for the distillation 15 column, was to separate the biphenyl from the 16 terphenyls. 17 Q. And Santowax C? 18 A. There were--that is certainly one of the 19 products. I am--I don't have sorted out in my mind 20 what the various Santowax products are. 21 Q. How about hydrogenated terphenyls? 22 A. Where that -- I'm sorry, I've lost track of 23 what the question is. Were they-- 24 Q. That's okay. Were they products produced at 25 the Anniston Plant? 251 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044870 1 A. Yes. 2 Q. How were those different from just regular 3 terphenyl? 4 A. They have--they are put in a reactor so that 5 some of the double bonds have hydrogens added across 6 them so they have more hydrogens than, than the 7 terphenyl, itself. 8 Q. Now, when you said they're put into a 9 reactor, I mean, can--do you have any other details on 10 how those were made? 11 A. I don't know. 12 Q. Are you able to testify as to whether or not 13 lead was used in, in the manufacture of those 14 materials? 15 A. No, I do not believe it was, I mean other 16 than the fact that it was used to manufacture the 17 biphenyl that was--and terphenyls that was eventually 18 hydrogenated. 19 Q. Okay. Monocalcium phosphate? 20 A. Same with the others. I--you know, once you 21 have phosphoric acid you can-- 22 Q. Right. 23 A. --make any of those things very easily. 24 Q. Have you heard of a product called Sterox? 25 A. I've heard of it. 252 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044871 1 Q. And do you know if that was a product 2 manufactured be Anniston Plant? 3 A. Don't recall that specifically, no. 4 Q. Do you know what, what Sterox is? 5 A. I don't. I should, but I don't as I sit 6 here. I mean, it was used in soaps, so it's probably 7 a derivative of phosphoric acid, so it very likely was 8 manufactured there. 9 Q. How about phenyl? Was that manufactured at 10 the Anniston Plant? 11 A. Well, again, without--"phenyl," there's no 12 such thing as phenyl. Phenyl is basically a pre--I'm, 13 I'm sorry, I--it may be -- 14 Q. Oh, I understand. 15 A. --dancing. It's basically a prefix 16 indicating that it has a benzene ring in it; like 17 biphenyl has two benzene things. 18 Q. Right. 19 A. Phenyl, itself, is, unless somebody was 20 using that to describe --now, are you saying "phenyl" 21 or "phenol"? 22 Q. No,-- 23 A. This says -- 24 Q. -y-1. P-h-e-n-y-1. 25 A. I, I don't know what somebody meant by that. 253 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044872 1 To me, that, as a chemist, that has no meaning. 2 Q. Yeah. Could be a typo. How about phenols? 3 A. I don't know that phenols were produced 4 there. Well, that's not--Paranitrophenol was 5 certainly produced there. 6 Q. Right. We discussed that earlier. That 7 goes by "PNP"? 8 A. Correct. 9 Q. And how were, how were--how was PNP 10 manufactured? Do you know that process? 11 A. Not as I sit here. 12 Q. Is that a process that involved the use of 13 lead? 14 A. No. 15 Q. Do you recall seeing any SMPs or SOPs about 16 PNP? 17 A. I don't recall, but I'm sure they exist. I 18 mean, it was manufactured up to about two or three 19 years ago, so -- 20 Q. How about diphenyl methane isocyanates? 21 A. I have seen reference to the various 22 isocyanates being produced there, but I don't have any 23 specific information. 24 Q. Do you recall ever seeing any SOPs or, or -- 25 A. I don't. 254 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044873 1 Q. --SOPs (sic)? 2 A. I don't. 3 Q. With respect--just a general question with, 4 with respect to SOPs and SMPs, what's the earliest, 5 earliest SMP or SOP that you recall seeing? 6 A. I think I've seen them from the '30's for, 7 for, like, Aroclors, PCBs. 8 Q. Is there any reason why there wouldn't be 9 SMPs or SOPs for, for some of these doc--for some of 10 these products that I've discussed? 11 A. Not that I know of. 12 Q. Is there --are, are those documents 13 maintained in St. Louis somewhere? 14 A. Sometimes. You know, the older ones, it's, 15 it's just hard to say where they--if they, if they got 16 lost in the shuffle, where they got lost in the 17 shuffle. Some were maintained in St. Louis, some were 18 maintained at the plants. You know, if a product was 19 sold, the current--the terms of sale may have involved 20 the transfer of the SMPs to the, to the purchasing 21 company. I just don't know. I mean, there's lots of 22 reasons that, that something that appears to have 23 maybe ought to be there might not be. I don't know. 24 Q. Do you have any, any knowledge with respect 25 to the document retention policies at Monsanto? 255 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044874 1 A. I have some. I mean, I haven't read the 2 manual for a long time. 3 Q. Now, I know, for example, that United Mine 4 Workers of America has a repository that's maintained 5 by a--by Penn State. Does Monsanto have any kind of 6 relationship with any libraries where historical 7 Monsanto documents are maintained? 8 A. Not outside the-- 9 Q. As part of a repository? 10 A. Sorry. Not outside the company that I'm 11 aware of. 12 Q. Are you familiar with a product called 13 bicyclohexyl? 14 A. I've heard it, but I really have no 15 familiarity with it. 16 Q. How about phenylcyclohexane? 17 A. Same answer. 18 Q. You've heard of it but-- 19 A. Right. 20 Q. --have no knowledge? 21 A. Right. 22 Q. Do you recall seeing any SMPs or SOPs in 23 connection with either of those two? 24 A. No. 25 Q. What is Santosol, Santosol 300? 256 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044875 1 A. I don't know. 2 Q. Have you heard of a prod--product called 3 Therminol? 4 A. Yes. 5 Q. What are Therminols? 6 A. They're heat transfer fluids. 7 Q. So is that one of the PCB blends that 8 we --you referred to earlier? 9 A. Well, the, the Therminol question is very 10 complicated because there were Therminols, there was a 11 series, Therminol F-R series which were PCB-containing 12 heat transfer fluids. In fact, they were just renamed 13 fluids. They weren't--they were pure PCB fluids. 14 They were just named as Therminols for the heat 15 transfer application, but there continue--there have 16 been and continue to be Therminol products that do not 17 and did not ever contain PCBs. That's a current 18 Solutia trademark, and they still market 19 non-PCB-containing Therminol fluids. 20 Q. Okay. Do you have any knowledge with 21 respect to response costs or remediation costs? 22 A. You know, I've heard some at some point or 23 another, but I really don't have that information. 24 Q. The reason I ask that is--oh, I'm sorry, I 25 misread this. This says here these are the initial 257 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044876 disclosures that say that you have knowledge with respect to product sales information. A. I think that's in general terms of what the various uses of the products were. I don't, I don't have any specific knowledge of, you know, who bought what and in what volumes. Q. Since leaving Monsanto in January of 2003, I believe you said-- A. July. Q. July. A. Sorry, yes, July. Q. It's July? A. Yes. Q. July 31st? A. Yes. Q. Okay, I think you may have said January earlier, but that's okay A. Sorry. Q. That's okay. Since July of 2003, can you, can you walk through any work you've done for Monsanto, Pharmacia, or Solutia? A. I've continued to provide technical support to attorneys in defense of various litigations. Q. And how are you paid for that technical support? 258 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044877 1 A. I was on an hourly rate for awhile. Now, 2 I'm on a retainer. 3 Q. What was your hourly rate? 4 A. $175 an hour. 5 Q. How long did that hourly rate--how long was 6 that in play? 7 A. About seven months, eight months. 8 Q. Over the period of those seven months, how 9 much, do you recall approximately how much you were 10 paid under that hourly rate? 11 A. I don't recall. 12 Q. Can you describe for me the retainer 13 agreement that you are currently under? 14 A. I have a nonexclusive retainer agreement 15 with the Husch Eppenberger law firm to provide 16 technical support in support of Pharmacia litigation. 17 Q. And so you have been paid--are you paid a 18 lump sum every year? 19 A. I'm paid monthly. 20 Q. What's your, what's your monthly payment? 21 A. Thirteen thousand dollars, $13,500 a month. 22 Q. And is that money that you earn irrespective 23 of whether or not you provide any technical support 24 during that particular month? 25 A. Yes, it is. 259 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044878 1 Q. How long have you been on that retainer 2 agreement with the Husch firm? 3 A. Since June, I believe, of this year. 4 Q. And do you, do you receive any other 5 payments through Monsanto for any consulting work? 6 A. No, just--other than--if I have direct 7 expenses, they're on top of that retainer, but other 8 than that, no. 9 Q. So essentially, you are being, you are being 10 paid to be here today as part of the retainer; 11 correct? 12 A. I am being paid my retainer and I'm here 13 today. I'm not being paid to be here today. 14 Q. Right. 15 A. I would be paid whether I were here today or 16 not. 17 Q. Right. What were you earning 18 for--approximately, what were you earning from 19 Monsanto at the time of your retirement? What was 20 your annual salary? 21 A. About $140,000 a year. 22 Q. Have you personally been to any of the 23 locations where Monsanto or Solutia and Pharmacia have 24 undertaken remediation of residential properties? 25 A. In Anniston? 260 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044879 1 Q. Mm-hmm. 2 A. Yes. 3 Q. Okay, how many different, how many, how many 4 places would you say you visited? 5 A. Well, before remediation, probably half a 6 dozen. After remediation, none. 7 Q. Do you recall the properties that you 8 visited before remediation? 9 A. They were ones in the east side area very 10 near the plant, during the, you know, the property 11 purchase program in the mid 1990's. 12 Q. So when you stated earlier that you, you 13 saw, you saw sands or foundry sands taken--did you 14 state earlier that you actually saw foundry sands 15 taken from residential-- 16 A. No, I saw foundry sands that had been taken 17 from residential properties. I didn't stand there and 18 watch them take the stands. I have seen the retained 19 samples from those sampling. 20 Q. Someone brought you a container and you 21 looked at it and-22 A. Well, it was--they didn't bring it to me; I 23 was at the plant and saw it there. 24 Q. How did you--who determined that, that it 25 was foundry sand? 261 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044880 1 A. I think a number of, of our people, the 2 consultants that have been involved in the remediation 3 are basically the ones that have come to those 4 conclusions. 5 Q. You didn't make that determination; right? 6 A. No. 7 MR. LANGLAIS: Do you need a break? 8 A. I'm fine. 9 BY MR. LANGLAIS: 10 Q. Are you familiar with Technical Services 11 Department monthly reports? 12 A. I've seen some of them, yes. 13 Q. How long has Monsanto been, been using--how 14 long has Monsanto or Solutia been using Technical 15 Service--Services Department monthly reports? 16 A. I don't know. 17 Q. Do you know if those report--were those 18 reports still being issued at the time of your 19 retirement from Solutia? 20 A. I, I don't know. 21 Q. Was--at the time of your retirement, was 22 there still a department called Technical Services 23 Department? 24 A. I mean, that would have been an individual 25 plant thing. I don't know. 262 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044881 1 Q. In response to one of the interrogatories, 2 it discusses the lead pot process, and it says "The 3 lead pot process was run in equipment that was totally 4 enclosed. This, in essence, represents air pollution 5 control, and all equipment involved in the 6 enclosing--in enclosing the process could therefore 7 represent air pollution control equipment." Do you 8 agree with that statement? 9 A. Yeah, generally, I think it's a correct 10 statement. 11 Q. Besides the lead trap, what air pollution 12 control was there in the lead pot process? 13 A. I think says it says it was basically a 14 totally enclosed process. When it was operating, it 15 was not open to the atmosphere. 16 Q. Has--have any other heavy metals been 17 detected at the Anniston Plant above what you would 18 normally find as far as background levels? 19 A. I don't know what you mean by "any other," 20 but -- 21 Q. Other--we discussed, we discussed, we 22 discussed mercury. 23 A. But that was at background levels. 24 Q. Okay. 25 A. It wasn't above background levels. I 263 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044882 1 believe there have been sporadic detections of some 2 metals in some of the samples. I'm not really 3 conversant with those data on a point-by-point basis. 4 Q. Do you recall what those metals would have 5 been? Cadmium? 6 A. I don't recall. My, my recollection is 7 arsenic was one that, that had been above background 8 for some reason, but I don't really, I don't really 9 recall. 10 Q. Who is Jerry Hopper? 11 A. He's a--works, well, he worked at the 12 Anniston Plant as a variety of--he was a laboratory 13 technician for awhile, I believe. I believe he 14 helped--he worked in the environmental section for 15 while awhile, and then he worked, also worked in 16 remediation for awhile. 17 Q. Do you recall if he works for Solutia? 18 A. I believe he's retired from Solutia, but he 19 may be consulting for them. I don't know. I know he 20 was doing some work after his retirement. 21 Q. Do you know what kind of work he was doing? 22 A. Um, he was somehow involved in remediation, 23 with the remediation group. I don't know 24 specifically. 25 MR. LANGLAIS: He's got to change it. 264 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044883 1 THE VIDEOGRAPHER: This will end tape number 2 4 in the deposition of Robert Kaley II. We're off the 3 record at 4:01 P.M. 4 (Recess.) 5 THE VIDEOGRAPHER: We're back on the record 6 at 4:15 P.M. This begins tape number 5 in the 7 deposition of Robert Kaley II. 8 BY MS. LAVEY: 9 Q. Mr. Kaley, can you describe for me the 10 structure of corporate-level environmental within 11 Solutia, if you know? 12 A. Today? 13 Q. At the time you, at the time you left, at 14 the time you left in, I guess it was July of 2003. 15 A. Well, it's not very structured. There is 16 a --someone who is now, I guess, a VP of environmental 17 health--environment, health and safety at the time, 18 I'm not sure what his title was, and reporting to him 19 are a number of people, a remediation manager, I guess 20 a, an epidemiologist, maybe a product acceptability 21 manager, probably somebody to do with labeling. Have 22 I got environment, health, and safety? There must we 23 a safety person in there somewhere, too. 24 Q. Environmental health and safety, and then 25 you've got reporting to that person, I have labeling, 265 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044884 1 remedial manag--remediation manager, epidemiologist, 2 product acceptability manager. 3 A. That, that's pretty much it right now. 4 There, this should--there's a safety guy in there 5 somewhere, too. 6 Q. And this is at the, the corporate level. 7 How about at plant level? How does the plant--how do 8 the plant level environmental people tie into this 9 corporate structure? 10 A. You know, I don't really know at this point. 11 I, I think they have some, what I guess would be 12 termed dotted-line responsibilities to let the 13 corporate people know what, what's going on and what 14 the issues are, but I think they're--my understanding 15 is their direct reports are to the plant managers, but 16 you know, the organization has got so lean since I 17 left, I wouldn't even when I was there, necessarily, 18 but it's gotten so lean that it's, it's got sort out, 19 frankly. 20 Q. When you--now, can we go back in time and 21 discuss how the corporate environmental was 22 structured? How was it different from July of 2003? 23 A. Well, it really wasn't --I don't know if the 24 structure was all that different. It's was just there 25 were more people in those boxes, whereas now, you 266 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044885 1 know, there were --each of those was a group, 2 primarily, and now each of those is essentially a 3 person, so I don't know if the structure was a whole 4 lot different. 5 Q. So it sounds like what, what you were saying 6 is that there were environmental people at some point 7 within the individual plants who reported to the plant 8 manager, and then did the plant managers then report, 9 report into someone in this, in this corporate 10 environmental -- 11 A. No, the plant -- 12 Q. --structure? 13 A. I'm sorry. 14 Q. Go ahead. 15 A. The plant managers would have reported up 16 through the manufacturing organization. The 17 environmental health and safety people at the plants 18 would have reported on a dotted line or had functional 19 reporting responsibilities to the corporate but not 20 administrative reporting responsibilities. 21 Q. Sure. 22 A. That's my understanding. 23 Q. What do you mean by "administrative 24 reporting"? 25 A. You know, who, who determines whether you 267 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044886 1 get a raise or not, who determines what your rating 2 is, you know, you know, when you can take vacations, 3 those kinds of things. 4 Q. Who is, if you know, Charles Chapman? 5 A. He's an employee at the Anniston Plant. 6 Q. Do you know if Mr. Chapman is still there? 7 A. I believe he is. 8 Q. And do you know what his, what his job is? 9 A. No, I don't. I mean he's, he's a plant 10 worker. I mean, he works out in the process. He has 11 a real job. 12 Q. How old of a man is Mr. Chapman? 13 A. I would say he's--I'm going to say 14 fifty-ish. 15 Q. Do you know how long he's been with the 16 company? 17 A. I don't. 18 Q. Do you know who Gene Jesse is? 19 A. Yes. 20 Q. Who is Mr. Jesse? 21 A. Well, he's retired, in very ill health, was 22 an environmental manager during--when I knew him in 23 the late 1980's, in the corporate environmental policy 24 staff here in St. Louis, but I also know he was a 25 former plant manager at Anniston. 268 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044887 1 Q. How was it that you know Mr. Jesse is in 2 very ill health? 3 A. I've just heard that, people talking. 4 Q. Is this a recent thing? 5 A. I think he's had prostate cancer. I think 6 it's prostate cancer I think he's been suffering from 7 for several years. 8 Q. Do you know who Tom Lackey is? 9 A. I know the name. He's an employee or was an 10 employee at the plant. I don't know whether he's 11 current or not. 12 Q. Do you know if he ever worked at the 13 St. Louis plant, I mean the St. Louis--out of the 14 St. Louis corporate offices? 15 A. I don't believe so. 16 Q. Okay, it was just the Anniston Plant that 17 you recall? 18 A. As far as I know, yes. 19 Q. Do you know who Eugene Wright is? 20 A. I've heard the name, yes. 21 Q. Do you know if--what Mr. Wright did for the 22 company? 23 A. He had--in, in the, the time frame when the 24 PCB issues were coming, you know, coming to be 25 understood, he had some sort of environmental 269 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044888 1 responsibility at the plant. 2 Q. I want to make sure I've got the spelling 3 correctly. You said you worked with--was it 4 Jack--maybe you didn't mention his name; Jack 5 Kleghorn? 6 A. Oh, heavens, no. 7 Q. Is Mr. Kleghorn deceased? 8 A. I don't know. I believe so, yes, but I 9 don't know. He, he was a real old-timer at the plant. 10 Q. And-- 11 A. I never worked with him. 12 Q. Who is Robert Cheever, C-h-e-e-v-e-r? 13 A. I know the name. He--when I knew him, he 14 was, I think, environmental manager at the Queeny 15 Plant. 16 Q. Are you familiar with someone named--someone 17 in Purchasing named W. G. Adams? 18 A. No. 19 Q. How about J. J. Andrews? 20 A. No. 21 Q. A person with the first initial D. and last 22 name Arras, A-r-r-a-s? 23 A. No. 24 Q. J. W. Baker? 25 A. I know, I knew A. J. Baker, but I don't know 270 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044889 1 about the middle initial, and he didn't have anything 2 to do with Anniston. 3 Q. I have, here, noted that J. W. Baker was--he 4 was a research group leader for Aroclors? 5 A. Oh, okay, yes, he was in St. Louis. A 6 different J. Baker, but yeah, I know who that is. 7 Q. Um, do you know if Mr. Baker still works for 8 the company? A. I doubt it. I don't know, but I doubt it. 10 He was, he was approaching retirement age when I knew 11 him. 12 Q. Do you know an R. E. Beal, B-e-a-1? 13 A. No . 14 Q. How about a J. T. Bell? I guess also known 15 as Toby Bell? 16 A. I've heard the name. I don't--I think he ' s 17 retired. I don't know whether he's alive or not, at 18 Anniston , from Anniston. 19 Q. How about Paul Benignus? 20 A. I know Paul. 21 Q. And do you know if Paul still works for the 22 company? 23 A. Oh, no, he's been retired twenty years or 24 more. 25 Q. And what did Paul do, if you know? Kaley, Robert Ph.D. MCWANE 271 WATER PCB-SD0000044890 A. He was basically a technical marketing kind of guy for electrical fluids. Q. Howard S. Bergin? A. I know the name. He was management in the Aroclor process or the Aroclor business for awhile Q. How about an L. R. Birchfield? A. No . Q. R. M. Blowers? A. No . Q. N. Bodger? A. No . Q. Lloyd Bosch? A. I know the name. He was, he was way up there. He may have been Chairman of Monsanto for awhile, or else very high in one of the businesses Q. Ed Bowles or Bowles? A. No . Q. Calvin Bowman? A. No . Q. Gerald Bratsch? A. I've heard the name. I don't know where--I don't know--he was in the business end of things, marketing or business end of things. Q. L. Briggs? A. No . 272 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044891 1 Q. J. O. Bright? 2 A. No. 3 Q. R. H. Buck? 4 A. No. 5 Q. C. F. Buckley? 6 A. Yes, I knew him. 7 Q. Who is Mr. Buckley? 8 A. He was environmental manager or some such at 9 the Sauget plant. 10 Q. What does the "C." stand for? 11 A. I knew him as Clarey. I don' t know whether 12 that's a name or an abbreviation. 13 Q. R. W . Bucknell? 14 A. No . 15 Q. J. P . Buff? 16 A. No . 17 Q. K. J . Buturla? 18 A. No . 19 Q. H. C . Carder, C-a-r-d-e-r ? 20 A. No . 21 Q. D. Casey? 22 A. No . 23 Q. J. W . Colgan? 24 A. No . 25 Q. How about an R. Cook? Kaley, Robert Ph.D, MCWANE 273 WATER PCB-SD0000044892 1 A. No. 2 Q. J. L. Corder? 3 A. No. 4 Q. C-o-r-d-o-r--d-e-r? 5 A. No. 6 Q. F. M. Corich, C-o-r-i-c-h? 7 A. No. 8 Q. And you, I believe you mentioned John 9 Craddock earlier. 10 A. Yes. 11 Q. Do you know where Mr. Craddock--is 12 Mr. Craddock still alive? 13 A. Yes. 14 Q. And do you know where he lives? 15 A. St. Louis. 16 Q. Do you know how old Mr. Craddock is? 17 A. I'm going to say 65 to 70. 18 Q. J. E. Crouch? 19 A. No. 20 Q. D. Danna, D-a-n-n-a? 21 A. No. 22 Q. W. Dietrich? 23 A. W Dietrich: No. 24 Q. H. Disley, D-i-s-l-e-y? 25 A. No. 274 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044893 1 Q. W. B. Dunlap? 2 A. No . 3 Q. C. Durgin? 4 A. No . 5 Q. C. K. Eastman? 6 A. No . 7 Q. An A. Ellenberg? 8 A. No . 9 Q. F. Enoch? 10 A. No . 11 Q. N. W. Farrar, F-a-r-r-a-r? 12 A. Martin Farrar, yes. 13 Q. Who was Martin Farrar? 14 A. Director of research for plasticizers in 15 St. Louis 16 Q. Is Mr.--what does the "M" stand for? 17 A. Martin. 18 Q. Martin. I'm sorry. Do you know how old of 19 a man Martin is? 20 A. I believe he's deceased. 21 Q. Okay. L. Faulkner? 22 A. Not that has anything to do with Monsanto. 23 Q. Edwin or Ed Findley? 24 A. No . 25 Q. C. F. Foster? 275 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044894 1 A. No. 2 Q. Dr. J. C. Francis? 3 A. J. C--no. 4 Q. How about an L. C. Fuhrmeister, 5 F-u-h-r-m-e-i-s-t-e-r? 6 A. He was at the Anniston Plant in the early 7 '70's, I believe. 8 Q. Do you know if he's still alive? 9 A. My recollection is that he's not. I could 10 be wrong, but-- 11 Q. Okay. H. D. Gableman? 12 A. No . 13 Q. R. J. Gordon? 14 A. Um, there was a Dick Gordon that was 15 research at Monsanto. I don't--other than that 16 don't know, here in St. Louis. 17 Q. R. J. Green? 18 A. Again, there was a researcher named 19 R. something Green here in St. Louis. 20 Q. Do you know what the "R." stood for? 21 A. The one I knew was Richard, but I don 22 don't know if that's even him. 23 Q. R. L. Hadworth? 24 A. No . 25 Q. H. L. Harden? Kaley, Robert Ph.D, MCWANE 276 WATER PCB-SD0000044895 1 A. No . 2 Q. H. N. Harris ? 3 A. No . 4 Q. Vince Haupt, H-a- u-p-t? 5 A. No . 6 Q. A. T. Hawkins? 7 A. No . 8 Q. D. S. Havercroft? 9 A. No . 10 Q. R. A. Haydel, H- a-y-d-e-1? 11 A. No . 12 Q. R. L. Hedworth? 13 A. No . 14 Q. R. C. Herman? 15 A. No . 16 Q. Eugene Hill? 17 A. No . 18 Q. Paul Hodges? 19 A. Yes. 20 Q. Do you know if Mr . Hodges still works 21 A. No, he 's retired; my guess, deceased. 22 was kind of like product acceptability guy for 23 one --some of the fluids; I don't remember which ones. 24 Q. I have him listed as a Manager of 25 Environmental Engineering. Does that make sense? 277 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044896 1 A. No, but I may have known after he 2 was--people change jobs, obviously, so that doesn't 3 really make sense. 4 Q. How about Fred Holzapfel, H-o-l-z -a-p-f-e-1? 5 A. I think I've heard that name, but I don't 6 know anything about him. I think it's Holzapfel. 7 Q. H. J. Horner? 8 A. Hap Horner? Yeah, he was at the Krummrich 9 Plant. I think he was in charge of the analytical lab 10 at Krummrich. 11 Q. D. B. Hosmer? 12 A. Dennis Hosmer was in the business groups 13 here in St. Louis. 14 Q. He's no longer with the company? 15 MR. NASSIF: Dead. 16 A. Dead, I'm sure 17 MR. NASSIF: Deceased. 18 BY MR. LANGLAIS: 19 Q. R. E. Howard? 20 A. No . 21 Q. W. B. Howard? 22 A. No . 23 Q. H Hubbard? 24 A. No . 25 Q. W. H. Hunter? Kaley, Robert Ph.D, MCWANE 278 WATER PCB-SD0000044897 1 A. No . 2 Q. D. W. Jackson? 3 A. No . 4 Q. R. C. Johannsen? 5 A. R. C? No. 6 Q. J. Johnson? 7 A. No . 8 Q. J. Jones? 9 A. No . 10 Q. G. W. Gor--Jordan? 11 A. No . 12 Q. R. W. Kaltenrider? 13 A. No . 14 Q. K-a-l-t-e-n-r-i-d-e-r? 15 A. No . 16 Q. R. E. Keller? 17 A. Yes. 18 Q. Who is R. E. Keller? 19 A. He was the Manager of Applied Sciences when 20 I first joined the company. He was my one level above 21 where I reported. 22 Q. Do you know how old of a man Mr. Keller 23 would be? 24 A. He's got to be 75 or 80. 25 Q. What's the "R. E." stand for? Kaley, Robert Ph.D. MCWANE 279 WATER PCB-SD0000044898 1 A. Robert E. I don't know what the "E" is. 2 It's Robert. 3 Q. W. B. Kennedy? 4 A. No . 5 Q. A. J. Koenig, K-o-e-n-i-g? 6 A. No . 7 Q. R. M. Kountz, K-o-u-n-t-z? 8 A. No . 9 Q. W. Kuhn, K-u-h-n? 10 A. I've heard the name. I don't know what, 11 what his status or what he did. 12 Q. L. C. Lahman, L-a-h-m-a-n? 13 A. No . 14 Q. J. C. Landwehr, L-a-n-d-w-e-h-r? 15 A. He was at the plant in the early '70's, I 16 believe he's deceased. 17 Q. V. T. Langdon? 18 A. No . 19 Q. Arthur Lanier? 20 A. No . 21 Q. J. C. Larkin? 22 A. No . 23 Q. How about Arthur E. Leisy, L-e-i-s-y? 24 A. R. Leisy, heard the name. Thinking product 25 here in St. Louis. I don't, I don't know. He would 280 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044899 1 be quite old if not deceased. 2 Q. F. MacDonald? 3 A. No . 4 Q. Jack Malloy? 5 A. Yes. 6 Q. Who is Jack Malloy? 7 A. He was--had some environmental 8 responsibility at the Sauget plant. 9 Q. Do you know if Mr. Malloy is still alive? 10 A. I don't. 11 Q. J. W. Mashek, M-a-s-h-e-k? 12 A. No . 13 Q. N. Mason? 14 A. No . 15 Q. How about E. Mather? 16 A. I've heard the name. I don't know anything 17 about it 18 Q. A. G. McCarty? 19 A. No . 20 Q. John R. McClain? 21 A. No . 22 Q. Does, or did Monsanto have a facility in 23 West Virginia? 24 A. Yes. 25 Q. Have we discussed that today? Kaley, Robert Ph.D. MCWANE 281 WATER PCB-SD0000044900 1 A. No. 2 Q. What does that West Virginia facility, what 3 did they do? 4 A. Primarily manufactured rubber chemicals. 5 Q. Do you know if they manufactured biphenyl or 6 PCBs at any time? 7 A. I'm sure they did not. 8 Q. Do you know a--I just have a last name, 9 McCluskey? 10 A. No. 11 Q. Jim McGee? 12 A. No. 13 Q. Gerald Miller? 14 A. Gerald Miller, Gerald Miller, yeah, I think 15 there was a Gerald Miller at the Anniston Plant. 16 Q. Do you know how old of a man Mr. Miller 17 would be? 18 A. I don't. 19 Q. Howard Minckler? 20 A. He was in upper management in one of the 21 business groups here in St. Louis. 22 Q. Do you know if Mr. Minckler is still alive? 23 A. Do not know. 24 Q. Robert Moody? 25 A. Don't know. 282 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044901 1 Q. Gary L. Moore? 2 A. Don't know. 3 Q. J. E. Mundy? 4 A. No. 5 Q. That's M-u-n-d-y. 6 A. No. 7 Q. J. A. Mullendore? 8 A. No. Q. Person with a last name Nagel, N-a-g-e-1? 10 A. No . 11 Q. A. C. Nethercott? 12 A. No . 13 Q. 0. J. Norris ? 14 A. No . 15 Q. Marvin Nunnelly? 16 A. No . 17 Q. E. A. O'Neil? 18 A. No . 19 Q. D. A. Olson? 20 A. No--maybe. There was 21 a sales rep, salesperson in the 22 Aroclor business 23 Q. How about R. W. Peter 24 A. No . 25 Q. J. C. Price? Kaley, Robert Ph.D. MCWANE 283 WATER PCB-SD0000044902 1 A. No . 2 Q. Walter Reed? 3 A. No . 4 Q. A. F. Regan, R-e-g-a-n? 5 A. No . 6 Q. W. R. Richard? 7 A. He was Director of Research for Electrical 8 Fluids; deceased. 9 Q. D. W. Richmond? 10 A. No . 11 Q. W. D. Robinson? 12 A. No. Uh--I knew a Dean Robinson was in 13 research . I don't know he had anything to do with 14 PCBs . 15 Q. I have a W. D. Robinson who was in the 16 biphenyl research group; he was a group leader. 17 A. Could have been. Could be the same guy. 18 Q. And what does the "W" stand for? 19 A. I don't know. I only knew him as "Dean." I 20 think he went by "Dean." 21 Q. Do you know if Dean is still alive? 22 A. I don't. 23 Q. Do you know how old of a man he would be? 24 A. Seventy-plus. 25 Q. Do you think that would have been here in Kaley, Robert Ph.D. MCWANE 284 WATER PCB-SD0000044903 1 St. Louis or -- 2 A. It was definitely here in St. Louis if it's 3 the guy I' m thinking of was in St. Louis. 4 Q. D. A. Roper? 5 A. No . 6 Q. R. L. Sandstedt? SANDSTEDT? 7 A. No . 8 Q. J. H. Saunders? 9 A. No . 10 Q. James R. Savage? 11 A. Savage was, again in the product business 12 group here in St. Louis. 13 Q. Do you know if Mr. Savage is still alive? 14 A. Do not know. I never knew him: Just know 15 the name. 16 Q. Harvey Schulte? 17 A. No . 18 Q. R. S. Wobus? 19 A. No . 20 Q. R. Williams? 21 A. No . 22 Q. M. J. Williams? 23 A. No . 24 Q. Hilliard Williams? 25 A. Hill Williams, yeah, he was --I believe he 285 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044904 1 was Director of Corporate Research here in St. Louis 2 for awhile. 3 Q. Do you know if he did any if he was ever at 4 the Anniston plant? 5 A. I don't think so. 6 Q. Do you know if Mr. Hill--I mean Mr. Williams 7 is still alive? 8 A. Do not know. 9 Q. Do you know how old of a man he would be? 10 A. Again, 70-plus. 11 Q. B. R. Williams? 12 A. No . 13 Q. B. J. Williams? 14 A. No . 15 Q. E. P. Wheeler? 16 A. Elmer Wheeler, he was an industrial 17 hygienist in the Medical Department here in St. Louis: 18 Deceased. 19 Q. M. E. Webb, two b's? 20 A. No . 21 Q. Person by the name of Dur Watson, D-u-r 22 Watson? 23 A. No . 24 Q. Paul Ward? 25 A. No . 286 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044905 1 Q. Doyle Walker? 2 A. No . 3 Q. W. Wade? 4 A. No . 5 Q. W. Voss? 6 A. No . 7 Q. Fred Turner? 8 A. No . 9 Q. T. Tucker? 10 A. No . 11 Q. E. Tucker? 12 A. E. Tucker was probably the Scott Tucker that 13 I talked about that I reported to when I first 14 came--it was E. Scott Tucker-- 15 Q. Mm-hmm? 16 A. --when I first came to St. Louis: 17 Analytical chemist. 18 Q. How old of a man would, would Scott Tucker 19 be? 20 A. Probably 65. 21 Q. Do you know if he's still living? 22 A. He is. 23 Q. Is he still in the St. Louis area? 24 A. No . 25 Q. Where is Mr. Tucker living? Kaley, Robert Ph.D. MCWANE 287 WATER PCB-SD0000044906 1 A. South Carolina. 2 Q. Tom Townsend? 3 A. No . 4 Q. A person by the name of R. Thomas? 5 A. No . 6 Q. J. F. Stigley? 7 A. No . 8 Q. R. P. Stephens? 9 A. No . 10 Q. J. E. Springgate? 11 A. He was upper management at Monsanto. I 12 guess he might have had the Fluids Group for awhile. 13 Q. R. C. Sprague? 14 A. No . 15 Q. Robert Sodem? 16 A. No . 17 Q. J. E. Smith? 18 A. No . 19 Q. A. H. Smith? 20 A. No . 21 Q. D. B. Shearn, S-h-e-a-r-n? 22 A. No . 23 Q. S. K. Shanahan? 24 A. No . 25 Q. B. 0. Seversen? Kaley, Robert Ph.D. MCWANE 288 WATER PCB-SD0000044907 1 A. No . 2 Q. M. Sep--Sepulveda, S-e-p-u-l-v-e-d-a? 3 A. No . 4 Q. K. Schutzenhofer, S-c-h-u-t-z-e-n-h-o-f-e-r? 5 A. No . 6 Q. And D. Schulz? 7 A. No . 8 Q. Can you name anyone who would be in the 9 Purchasing Department of St. Louis? 10 A. No . 11 Q. In any of your, your jobs with Monsanto, 12 were you ever--did you ever have to order any 13 materials , either for the lab or-- 14 A. I may have. I don't recall specifically. 15 Q. Do you know, can you describe for me how the 16 structure of purchasing within Monsanto is? 17 A. Is? 18 Q. At the time, at the time you retired. 19 A. No . 20 Q. How about prior to, at any time? 21 A. All I remember, when I first came, if we 22 needed something at the laboratory we needed to fill 23 out a purchase requisition and hand it in to somebody 24 and then it went its own merry way, so I don't really 25 know. 289 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044908 1 Q. Okay. Have you ever seen any aerial 2 photographs of the Anniston facility? 3 A. Yes. 4 Q. Do you recall when you saw those? 5 A. Over the past, you know, ten years or so. 6 Q. Do you know what periods of time those were 7 aerial photographs of? 8 A. No, I don't specifically recall. 9 Q. Were they recent aerial photographs or were 10 they from the 1960's? 11 A. Both, or maybe even earlier. 12 Q. Do you recall how many aerial photographs 13 you've seen? 14 A. I'm going to say half a dozen, maybe. 15 Q. Where did you, where did you see those 16 aerial photographs? 17 A. Most of them, hanging at the plant, various 18 offices. 19 Q. The last time you went to the Anniston 20 facility was when? 21 A. Last March. 22 Q. And when you were there last March, did 23 you--do you recall seeing the aerial photographs 24 hanging on people's walls? 25 A. There may have been one in the conference 290 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044909 1 room that I was in. I don't really--I don't have a 2 specific recollection. 3 Q. Now, do you recall there being any site 4 plans for the facility outside of those prepared for 5 the remedial activities? 6 A. I've never seen any. 7 Q. How about, do you know what a Sanborn map 8 is? 9 A. No. 10 Q. Have you ever done any consulting work for 11 Pharmacia? 12 A. I mean, I'm a consultant for Pharmacia now. 13 Q. Well, has Pharm--your--has Pharmacia paid 14 you for any consulting work? 15 A. Not directly, no. 16 Q. Has Solutia paid you for any consulting work 17 directly? 18 A. Yes. 19 Q. And that's different from your being paid 20 through the Husch firm? 21 A. Um, it was prior to my arrangement with 22 Husch, yes. 23 Q. Was it prior to your hourly arrangement? 24 A. No, it was part of that. 25 Q. Have you ever done any consulting work for 291 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044910 1 Monsanto out of the arrangement you have with Husch? 2 A. No. 3 Q. Have you done any consulting work for any 4 other companies, other than Monsanto, Pharmacia, 5 Solutia, have you done any other consulting outside of 6 that context? 7 A. Yes. 8 Q. Who have you done consulting for? 9 A. I have agreements with those companies not 10 to disclose. Do I-- 11 MR. LANGLAIS: I'll sign a confidentiality 12 agreement. I can agree that we can keep this portion 13 of the, of the deposition confidential. 14 MR. NASSIF: I'll tell you what: Why don't 15 you let me talk with him today, because I don't know 16 the names of those companies, either. 17 MR. LANGLAIS: Okay. 18 MR. NASSIF: And why don't you let me talk 19 with him overnight, and then we'll see what we're 20 going to do. We could always send you an agreement 21 and then send the information to you because, you 22 know, if you have questions about what he does for 23 them, then I think that would probably be privileged 24 information, but I wouldn't know because I don't know 25 what he's done for them. 292 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044911 1 MR. LANGLAIS: I understand. That's fine. 2 BY MR. LANGLAIS: 3 Q. Can you tell me how the analytical methods 4 for testing of PCBs has changed since you first 5 started doing testing in 1974? 6 A. Sure. 7 Q. Can you walk me through how those analytical 8 methods have changed since 1974? 9 A. Well, in 1974, they were essentially gas 10 chromatographic methods using packed columns, using 11 electron capture detectors that were very 12 temperamental and had huge memory effects. In other 13 words, if you analyzed a sample that had a lot of 14 PCBs, you probably couldn't analyze another sample the 15 rest of the day because even if you injected just pure 16 solvent, you'd still get PCBs coming out from the 17 column. In about the early 1980's or, well, in the 18 mid 1970's, they improved the, the electron capture 19 detector so that it, it was, it was more sensitive and 20 wasn't nearly as temperamental, reduced the 21 sensitivity to some extent. At about that same time, 22 there were two developments that, that advanced the 23 technique; the development of commercially available 24 gas chromatographs hooked to mass spectrometers, and, 25 and that, that helped provide a lot of selectivity for 293 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044912 the analytical method, although it didn't really change the sensitivity very much, and then the development of what are called capillary columns, as opposed to packed columns, those continued to develop until the mid 1980's. They're, they're pretty much de regeur these days. They're pretty much the state of the art; what everybody uses is capillary columns. The mass spectrometers have continued to, to be improved in and sensitivities have continued to, to decrease, so I mean, we were looking in, in the 19, late 1960's, early 1970's at, at doing part-per-million, high part-per-billion analyses with, with very poor accuracy and very poor precision, down to be able to do parts per billion fairly routinely in the mid to late 1970's, parts, you know, parts per trillion in the 1980's, and you know, they're doing parts per quadrillion for some things now in the 1990's and 2000's. A lot of that depends on the particular sample. Obviously, you can always, you can always do better in a clean water sample because you don't have things that interfere with it. You usually do worse in, you know, human tissues, or animal tissues, or dirty soils that have a lot of other materials that could interfere with the analysis, so there's a lot of the parameters that impact those 294 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044913 1 detection limits. 2 Q. Right. Do you recall ever seeing any 3 written organizational charts for, for Monsanto or 4 Solutia? 5 A. Any ever? 6 Q. Well,-- 7 A. Yes. 8 Q. --I showed you one earlier that you said was 9 from the '30's, but I'm looking for something, I 10 guess, a little more recent. 11 A. Not, not specifically, no. I mean, I'm sure 12 they must exist somewhere for some organizations, but 13 I, you know, I don't, I don't have any and I don't 14 know that I've seen any recently. 15 Q. Up until July of 2003, you maintained an 16 office here in St. Louis as part of Monsanto? 17 A. Solutia, yes. 18 Q. Right? 19 A. I'm sorry. 20 Q. Do you recall ever seeing any aerial 21 photographs of the Anniston facility there? 22 A. No. 23 Q. Do you know how long Monsanto had an Ad Hoc 24 Committee with respect to PCBs? 25 A. For a period of several months. 295 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044914 1 Q. Was that only--when, when did they have that 2 committee? 3 A. Late 1969. 4 Q. Has there been any, any other PCB committees 5 within Monsanto or Solutia? 6 A. Well, the Ad Hoc Committee basically 7 morphed, developed into a more formal organization in 8 the 1970 time frame, you know, and then once Bill 9 Papageorge took over at manager for the PCB issues, I 10 think that formal committee kind of dissolved. Other 11 than that, I don't know of any committees to deal with 12 PCB issues in any of the organizations. 13 Q. Do you recall there being any kind of 14 complete or executive committee that dealt with 15 liability matters for Monsanto? 16 A. I don't know of anything. 17 Q. Do you recall there being any kind of audit 18 committee with respect to, like, environmental audits 19 and-- 20 A. Well, certainly, the company does, the 21 environmental groups do do environmental audits of the 22 plants. 23 Q. Do you recall how far back those audits 24 occurred? 25 A. I don't really. It wouldn't have been much 296 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044915 before 1980 or so, if even that soon. Q. When you were doing your research on the lead pot process, did you come across anything that discussed how the, how the lead dross was removed? A. I don't recall anything. Q. Did you ever see anything that, that discussed dipping out of the, of the lead dross? A. I seem to have a recollection of something like that Again, that may have been in this same document that this organization chart came out of. It seems to me there was something in there with regard to that. Q. Do you know what a conversion promoter is? A. No, I could--no, I mean, I could speculate, but no, not necessarily Q. I mean is -- A. It is -- Q. I'm sorry. A. It's probably some sort of a catalyst to accelerate the conversion process. Q. Do you know what lead carryover is in connection with the lead pot process? A. I know what those terms mean. I don't know specifically what that's referring to. I mean, that would--in my view, that's what the lead trap would do, 297 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044916 1 would be to trap out the lead carryover from the 2 converter. 3 Q. Can you tell me what a sojourn, 4 s-o-j-o-u-r-n, pot is in connection with the lead pot 5 process? 6 A. I don't know what that means to a chemical 7 engineer. 8 Q. Have you ever heard the term "outage" with 9 respect to the lead pot process? 10 A. No. 11 Q. In your review of the documents relating to 12 the lead pot process, did you ever come across 13 anything that discussed the buildup of carbon in the 14 pipes of the, of the lead pot process equipment? 15 A. I don't recall that. 16 MR. LANGLAIS: What time we looking at? 17 MS. O'NEAL: Ten till. 18 MR. LANGLAIS: Ten till 5:00? We may be at 19 a good stopping point, but give me a second. 20 (Pause.) 21 BY MR. LANGLAIS: 22 Q. Do you know if the Anniston Plant had any 23 forklifts? Do you recall ever seeing any documents 24 discussing forklifts at the Anniston Plant? 25 A. No, certainly no documents, no. 298 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044917 1 Q. Do you recall anyonediscussing any 2 forklifts at the plant? 3 A. No. 4 Q. Do you know how they moved barrels around? 5 A. I would presume with forklifts, but I don't 6 really know. 7 Q. Are forklifts usually hydraulic? 8 A. I believe so. 9 Q. If they--just assume with me that there were 10 forklifts at the Anniston Plant. Would they have used 11 the--was it Pydraul? 12 A. Yes, it was Pydraul. No, I doubt that they 13 would have used Pydraul. 14 Q. Why wouldn't they have used their own 15 product? 16 A. Well, because it was expensive compared to 17 oil-based hydraulic fluids, and you only used the 18 Pydraul products in situations where fire was a 19 danger. 20 Q. So what hydraulic equipment would require 21 the use of Pydraul versus the less expensive? 22 A. Foundries. That's what it was developed for 23 was, was foundries. 24 Q. And how did you come to learn that 25 information? 299 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044918 1 A. That's--I mean, I don't know specifically 2 how I came to know it, but that's certainly the big 3 automotive companies and others--I mean, it was 4 developed because of the concerns for, for flammable 5 hydraulic fluids in situations where you had lot 6 metals. 7 Q. What were the--do you know the percentage of 8 PCBs, were there PCBs in the Pydraul? 9 A. In some of the Pydrauls, certainly in the 10 days when we made PCBs prior to 1971, when Monsanto 11 phased out of all the nonelectrical uses, the Pydrauls 12 did contain PCBs. 13 Q. Did Monsanto continue to use --is Pydraul the 14 brand name? 15 A. It's a trade name, yes. 16 Q. Did Monsanto continue to use Pydraul like 17 they used Therminol? 18 A. Yes. 19 Q. So you can't just simply look at something, 20 without knowing the date, if you see the word 21 "Pydraul," you don't know whether it was Pydraul that 22 contained PCBs or Pydraul that, you know, didn't 23 contain PCBs? Correct? 24 A. Like, every--like, both the Therminols and 25 Pydrauls had suffixes associated with them, so it 300 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044919 1 wasn't just Pydraul. It was Pydraul AE or Pydraul 2 SE30 or something. The Therminols all had Therminol 3 55 or Therminol FR1, so if you knew either--if you 4 knew the date, but more specifically, if you knew the 5 particular Pydraul product, then you--there were ways 6 to find out or are ways to find out the compositions. 7 Q. Do you know the suffixes for Pydrauls that 8 contain PCBs? 9 A. Oh, there are dozens of them. I don't-- 10 Q. Do you know any off the top of your head? 11 A. I certainly should. There was Pydraul 625, 12 Pydraul 310, Pydraul AC, Pydraul A200, I mean there 13 are, I mean there are literally dozens of them. 14 Q. And is it your testimony that the Pydrauls 15 you just mentioned with those suffixes, those 16 contained PCBs? 17 A. Yes. 18 Q. What is Pyranol, as opposed to Pydraul? 19 A. As we discussed this morning, Pyranol is 20 General Electric's trademark for fire retardant 21 dielectric fluids. 22 Q. So only General Electric would have 23 received that? 24 A. Those fluids were General Electric fluids, 25 yes. 301 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044920 Q. Would you--are you aware if Monsanto sold any PCB-containing fluids that would go into transformers directly to any of the foundries? A. The foundries in Anniston? I'm not aware of any information to that effect. Q. Is it, is it typical--is it--can I assume that with respect to the dielectric-containing equipment like transformers, that any PCB material that would have gone into those would have been sold to the manufacturer of, of those units, as opposed to someone who just has those at their facilities? A. I don't--I don't believe that's a safe assumption. Q. Okay. A. I mean-- Q. Do you have information contrary to that? A. Yeah. Some of the larger utilities certainly bought the fluids on their own to service their own electrical equipment. Q. But when you say "larger utilities," you mean like Alabama Power Company; correct? A. Typically, yes. Q. But as far as, as far as companies like, you know, some of the foundries that, maybe, had transformers at their facilities, you haven't seen any 302 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044921 1 information that they purchased any of those materials 2 directly from Monsanto? 3 A. I haven't seen such information but I, you 4 know, I can't exclude that possibility. 5 Q. Did you ever see any documentation that, 6 that discusses employees' leaving with PCBs stuck to 7 the bottom of their feet, bottom of their shoes? 8 A. No, I can't imagine that. 9 Q. How were the PCBs and the PCB-containing 10 products packaged and transported? Do you know? 11 A. In a variety of methods: Small drums, 12 55-gallon drums, railroad tank cars, whatever was 13 appropriate for the volume being purchased. 14 Q. As part of the filling of those drums and 15 the tank cars, do you know if there was any kind of 16 capture, air capture, emissions capture system? 17 A. I don't know. 18 Q. Who would have information about that? 19 A. Jerry Brown may. 20 Q. Do you know how the, the biphenyls were 21 transported from the Anniston facility to other 22 Monsanto facilities? 23 A. I, I don't know specifically. 24 Q. And I think you said earlier that the 25 biphenyls were, they were sold to people other than 303 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044922 1 the other Monsanto facilities; is that correct? 2 A. Oh, yes. 3 Q. It wasn't just the precursor to making the 4 PCBs, it was people--what was the use of just the 5 biphenyls? 6 A. Well, actually, for awhile, it was used as a 7 coating on the--remember in the old days, they had the 8 green wax paper, and citrus fruit was actually used as 9 a fungicide on the green wax paper? That was one of 10 the larger uses. It also was used as a, as a heat 11 transfer fluid in its own right. 12 Q. Are you familiar with something known as a 13 process safety audit of Aroclor process? 14 A. Not specifically, but I wouldn't be 15 surprised if there is such a thing. 16 MR. LANGLAIS: This is a good time to stop 17 as any. 18 MS. LAVEY: It's 5:00 o'clock. 19 THE VIDEOGRAPHER: This ends today's session 20 of the deposition of Robert Kaley II. We're off the 21 record at 5:02 P.M. 22 (Whereupon, at 5:02 P.M., the 23 deposition was recessed to the 24 following day.) 25 304 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044923 1 Page3^S4Line2i> Should Read: 'TO -= 308 2 Reason for change: T Y^vi >c r J pfr-d^ e.^ vt)^- 3 4 Page3_S7Line 3> Should Read: ^ ''X-efeT 5 Reason for change: "|> ft Rf rtfr 6 Page3^^jine /3 Should Read : Y^f))`ipr ~ fJ\o h f^V 7 8 Reason for change: 9 ' / -zcr' p*t j^otn e.v' jtd r 10 Page3?/LineShould Read: M f//j v-^ ^ jk >' fojf^ 11 Reason for change: 'f ) pt t/0 l/V 12 kif" <X WM 5- sfo t. 13 Page 3?^Line26) Should Read : /ni)/)OU\ - )>\ )jioiA 14 Reason for change: 15 ""X<C(/' S pf z*A e.V'VO (T /0 r (AT4 16 Page^LinejO Should Read: ^ ; + > alvok^f - 17 Reason for change: Sv)cf ,f 5 6 *w bzymtA^ T18 YB-yRt r 1 p+KTt <2. rytf K~ 19 Pa9e Lf/($hine2f Should Read: y^^. _ ^ ^ 20 Reason for change: 21 I YshScnf+m err 22 Page4) Line // Should Read: m>/t ~ X. 23 Reason for change: 24 >ncj 25 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000044924 1 Page^C^Line 2.2 Should Read: 3 2 Reason for change: 3 Tp*Vl ''vc:' pt & QsfYfl v~ 4 Page^^Line 3^Should Read: faff \ Cl Q.j ~ `SO^f f-{ C? 5 Reason for change: 6 1 Vct'A ^cr||>+>on rfo vr 7 Page Line Should Read: 8 Reason for change 9 10 Page Line Should Read: 11 Reason for change: 12 13 Page Line Should Read: 14 Reason for change: 15 16 Page Line Should Read: 17 Reason for change: 18 19 Page Line Should Read: 20 Reason for change: 21 22 Page Line Should Read 23 Reason for change: 24 25 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 309 WATER PCB-SD0000044925 310 1 Comes now the witness, ROBERT GEORGE KALEY II, Volume, 2 and having read the the foregoing transcript 3 of the deposition taken on the 9/29/2004, 4 acknowledges by signature hereto that it is a, 5 true and accurate transcript of the testimony given 6 on the date hereinabove mentioned. 7 8 9 10 ROBERT GEORGE KALEY II/ Volume 11 12 Subscribed and sworn to me before this 13 Cd ay of ,2004. 14 My Commission expires 15 16 17 18 19 20 21 22 23 24 25 Gore Perry Gateway & Lipa St. Louis, MO (314) 241-6750 621-4790 621-2571 621-8883 WATER PCB-SD0000044926 1 State of Missouri 2 ) ) SS. 3 City of St. Louis ) 4 I, J. Bryan Jordan, a Notary Public in 5 and for the State of Missouri, duly commissioned, 6 qualified and authorized to administer oaths and to 7 certify to depositions, do hereby certify that 8 pursuant to Notice in the civil cause now pending and 9 undetermined in the In the United States District 10 Court For the Northern District of Alabama, to be used 11 in the trial of said cause in said court, I was 12 attended at the offices of Husch & Eppenberger, LLC, 13 in the County of St. Louis, State of Missouri, by the 14 aforesaid witness and by the aforesaid attorneys, on 15 the 29th day of September, 2004. 16 The said witness, being of sound mind 17 and being by me first carefully examined and duly 18 cautioned and sworn to testify the truth, the whole 19 truth, and nothing but the truth in the case 20 aforesaid, thereupon testified as is shown in the 21 foregoing transcript, said testimony being by me 22 reported in shorthand and caused to be transcribed 23 into typewriting, and that the foregoing pages 24 correctly set forth the testimony of the 25 aforementioned witness, together with the questions 305 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044927 1 propounded by counsel and remarks and objections of 2 counsel thereto, and is in all respects a full, true, 3 correct and complete transcript of the questions 4 propounded to and the answers given by said witness; 5 that signature of the deponent was not waived by 6 agreement of counsel. 7 I further certify that I am not of 8 counsel or attorney for either of the parties to said 9 suit, not related to nor interested in any of the 10 parties or their attorneys. 11 Witness my hand and notarial seal at 12 St. Louis, Missouri, this 13th day of October, 2004. 13 14 15 J. Bryan Jordan 16 Certified Court Reporter No. 00532 17 State of Missouri 18 My License expires: January 1, 2005 306 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044928 [& - 2:30] Transcript Word Index & 12 & 2:18 3:4,14 4:13 6:3,14 7:3 8:3,14,18 12:3 305:12 0 84:16 87:16 189:21 12:08 145:7 1201 6:15 00 87:17 000135 1254 84:9,9,21 85:12 177:23 178:4,7 87:17 1260 000157 87:18 00532 306:16 177:25 127 3:16 13,500 018270 259:21 101:8 134 03 1:4 2:8 8:10 0446189 1:4 2:8 8:10 135 7:21 134:16 13th 048627 306:12 101:8____________________ 140,000 1 260:21 1 160 7:19 12:20 73:20 86:25 87:2,6 88:7,25 89:7,12,13 89:13,17,18,20 91:4,5 101:2 209:2 306:18 1:12 7:22 175 259:4 179 90:1 145:11 1:58 181:3 10:00 42:21 10:39 73:21 10:45 73:24 17th 89:21 18 189:21 19 52:9 97:2 182:4 195:6 200:18 206:9 294:10 190 2:19 3:5 8:4 100 1901 5:4 104 72:24 73:5 74:5 75:13 92:1 225:8,24 11 90:11 165:8 11:02 87:24 11:05 6:4 1920's 92:24 93:6 231:16 1928 93:1,3,7 100:16 106:14 115:19 135:17 143:22 147:3 1930 204:8 88:3 1930's 11th 160:11 181:17 182:9 61:23 62:10,14,1567:12,17 219:12 68:4,9,21 70:5,16,21,24 1936 71:21 72:9,14,15 83:6 160:5 180:17,19,22 187:12,22 1945 197:23 198:21 213:17 12:16 227:15 1950 1978 235:23 57:3 59:18 1950's 1979 196:7 90:17 93:17 1952 1980 212:4,6 46:13 201:25 297:1 1957 1980's 89:21 143:25 23:11 193:3 198:15 201:22 1958 236:18,20 268:23 293:17 235:23 294:5,16 1960 1981 181:18 182:4,9,23 185:25 21:9 46:13 186:7,16,21 188:6,13 189:9 1984 193:2 204:8 215:17,24 47:22 64:18,22 90:16 93:16 235:24 1985 1960s 47:22 60:15 61:19 63:6 195:8 64:22 67:4,10,17 68:3 1960's 70:10 205:12 101:20 165:5,15 169:16 1987 188:11 194:10,14,22 195:3 47:1 195:17,18 196:17 197:4 1989 201:4 206:9 208:3 290:10 70:14 72:11,15 227:20 294:11 1990's 1961 21:10 182:24 198:17,22 148:14 193:13 200:14,15,16201:18 1962 205:24 212:21 261:11 212:24 294:18 1964 1991 13:21 93:7 97:3 100:17 190:22 191:1 101:16,20 106:14 135:17 1993 137:17 147:3 161:7 162:21 66:6 67:1,20 70:4,6 71:5 164:4 222:8 251:10 183:23 189:3 191:2,3 1966 194:11,11 205:13 154:16 1994 1969 194:12 212:7,7 226:23 296:3 1995 1970 187:25 188:4,16 216:13 296:8 1996 1970's 134:24 135:5,8 210:16 22:5 156:25 165:6,16 195:4 211:9 197:15,19 198:11 201:16 1997 214:23 293:18 294:11,15 17:21,23 18:2,4,14 44:12 1971 1998 16:7 71:14,15 82:21 153:3 206:1 153:13,19 161:7 162:21 1999 164:4 197:21 231:16 86:3 88:14 300:10 1972 16:7 153:15 1973 16:1 44:7 46:1 82:19 1974 16:18 170:23 293:5,8,9 1977 153:12,20 154:4 2 2 7:20 73:24 89:1,7,15,22,23 90:3,8,9,11,13,15,16,21,25 92:14 93:15 101:3 145:6 2:03 181:6 2:30 207:10 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044929 [2:35 - 885-3489] 2:35 254-1999 4:01 207:16 6:8 265:3 2:46 258-1439 4:15 207:20 5:7 265:6 200 258-1616 400 5:4 5:6 4:15 2000 28th 404 36:4 87:16 88:14,15 103:14 12:16 4:8 199:25 29 404-881-7000 2000's 1:12 6:18 294:18 29th 404-881-7777 2001 2:21 8:2 305:15 6:19 65:15 241:22 20015 5:14 2003 44:20 47:13 209:10 258:7 258:19 265:14 266:22 295:15 2004 1:12 2:22 8:2 48:5 305:15 306:12 2005 306:18 202 4:18 5:15218:5,10,16 227:8 205 4:19 6:7 205-251-5900 4:17 20's 208:1 20th 4:14 216 3:18,19 216-621-0577 7:8 216-621-1312 7:7 23rd 134:24 24 48:12,12 2400 6:5 248 5:6,7 25 58:6 250 195:10 232:1 254-1061 3 40's 3 208:1,22 7:21 89:14 90:1,5,18 93:20 44114-1304 134:9,11 145:11 207:15 30 3:17 44115-1126 10:22 300 7:5 479-8545 105:9 256:25 30308-2216 4:6 3:18 479-8780 3:19 30309-3424 6:16 480-1818 3:8 305 5:13 30's 48304-2949 5:5 4900 208:1,22 255:6 295:9 3:15 310 5 301:12 5 314 265:6 3:8 5:00 314-480-1500 298:18 304:18 3:7 5:02 314-480-1505 2:21 304:21,22 3:9 50 31st 48:10,13 68:18 44:20 65:14 209:10 258:14 50-50 323-2197 57:25 4:19 50's 327 208:23 130:8 5200 327.5 4:4 142:7 532 35203-2618 2:23 6:6 5335 37 5:13 160:6 54 375 84:18,20 85:21 130:2,2 55 39 301:3 303:12 144:6 6 46 6:7 4 10:22 7:22 159:4,8 207:20 265:2 Kaley, Robert Ph.D. MCWANE 600 2:193:54:5,14 60's 208:2,8 224:6 625 301:11 63105-3441 3:6 63131 12:21 64 193:13 65 274:17 287:20 650 7:4 686-4843 5:16 686-4844 5:15 69 212:25213:1 7 70 274:17 286:10 70's 194:22 195:3 199:23 208:2 276:7 280:15 71 195:7 72 153:13,19 75 279:24 77 17:25 18:1 8 80 58:25 279:24 800 13:2 80's 199:23 208:2 81 58:25 812 7:4 85203 4:16 87 7:19 88 47:1 885-3489 4:7 WATER PCB-SD0000044930 [89 - aid] 89 accelerate 70:17 149:12,24 162:12,19 9 Q 7:14 101:10 9'13 2:21 8:2 57 ivv 42:18 90'<: 199:24 Qi 720 9202 5:16 9205 6:8 93 83:5 QA 83:7 95 837 962-6688 4:8 986-5023 4:18 a 297:20 accelerated 199:23 accelerating 162:7 accept 156:8 acceptability 20:19 46:20 60:12,19 61:8 64:4,13,25 265:20 266:2 277:22 acceptable 44:5,6 accepted 69:21 access 125:4 127:23 accident 132:7 accomplish 22:19 account 69:1771:9 231:4 accuracy 294:13 accurate 93:2,4 103:2 a.m. acid 2:21 8:2 42:18,21 73:21,24 169:4,5,7,19 221:21,22 87:24 88:3 248:18 249:4,9,17 250:8 a200 252:21 253:7 301:12 acquired abbott 17:3 67:25 182:7 214:25 242:10 215:13 abbreviation acquisition 273:12 182:1 185:24 187:4 241:3 abernathy 244:9,13 241:8 242:3,9,10 244:2 action ability 118:11 103:15 active able 53:22 58:1,3 237:25 25:8 81:23 159:23 160:10 activities 164:15 246:25 247:1,1,24 25:13,14291:5 247:25 248:11 250:21 actual 252:12 294:14 95:21 96:19 147:19 abrasives ad 250:24 251:1 295:23 296:6 absolutely ada 90:12,15 87:17,17 90:1 absorb adam 176:13 242:19 ac adams 301:12 270:17 adapted 190:6 add 121:6,11 122:17,18,22 123:3 added 121:8,9 148:9 174:23 201:11 252:5 additional 189:20 210:1 216:17 address 8:4 12:19,25,25 13:1,4,5 40:3 125:13 205:8 addressed 23:15 addresses 12:22 13:2 addressing 173:11 adem 63:25 64:2 73:13,14 88:19 88:22 91:4 95:25 104:11 112:25 184:15 193:21 197:1,2 247:7 248:7 adem's 70:19 125:21 247:23 adhesives 220:23,24 adjacent 192:6,8 199:19 adjustment 216:11 administer 305:6 administrative 267:20,23 administrator 57:23 60:4 adsorbed 176:11 adsorbent 179:10 advance 10:14 advanced 293:22 advises 12:11 advising 238:6 advisory 191:5,18 ae 301:1 aegis 23:19 aerial 157:20 290:1,7,9,12,16,23 295:20 aerosolized 206:18 affairs 47:4,9 65:1,4,10,14,18 66:2 171:7,25 172:19 173:7 179:13 236:25 affect 203:10 affidavit 39:14 204:11 affidavits 39:5,12,16,18 185:18 affirmative 108:17 aforementioned 305:25 aforesaid 9:14 305:14,14,20 afternoon 40:22 age 9:12243:19271:10 agencies 23:7,21 24:16 37:24 38:1 38:11 52:6 agency 64:3 68:20 agent 18:16 ago 25:25 34:7 35:9 36:3,16 38:22 40:16 41:2 49:9,9 57:1498:12 141:18 171:12 254:19 agree 9:24 10:14 11:3 69:6 72:18 81:6,8 109:13 111:3,6 117:17 123:24 124:14,15 125:9 134:24 231:20,22 232:6 263:8 292:12 agreed 10:25 191:16 agreement 43:12,25 259:13,14 260:2 292:12,20 306:6 agreements 292:9 ahead 87:11 131:14 172:25 173:2 199:12232:15249:12 267:14 aid 42:5 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044931 [aimed - aroclor] aimed american anniston (cont.) apocryphal 165:16,20 17:7,8,13 19:4,10,12 24:18 171:3,8 172:8,17 173:12,24 156:7,10 air 24:21 25:10,14,1729:11,15 174:4,5 175:3,6,10,13,19 apparent 78:24 113:22 115:2,6,20 38:7 176:5,7 177:10 178:22 233:10 117:14 123:19 157:19,22 amount 179:6,14,21 180:1,4,16,22 apparently 167:17 205:20,21,24 206:2 18:8,1554:1569:7 112:21 181:10 192:13,21 194:8,22 89:1,8,9 90:2,18 167:2 207:2 263:4,7,11 303:16 121:13 124:13 130:12,14 195:2 196:6,16 197:10,16 183:9 216:13222:19 airtight 157:9 168:18 180:12 197:18,22 198:11,14,21 appear 113:24 amounts 200:2,17 202:11 205:4,8,16 88:21 89:25 91:3 135:3 al 120:24 121:1 122:22 206:3 210:17211:12,18 appearances 1:2,6 2:5,10 4:16 6:6 8:8,8 128:25 134:1 157:2 195:4 212:15,20,24 213:3,11,12 3:1 238:10,24 206:21 207:4 213:16214:5,11 215:16 appears alabama amsouth 217:16,22,24,25 218:6,18 74:22 91:6 148:7 157:20 2:2 8:9 13:8,10 41:10 64:1 6:5 220:13 221:15,17,19 222:6 228:21,22 255:22 67:22,25 138:6 181:18,21 analyses 222:7 223:17,25 224:24 application 181:23 182:2,14,20 183:7 32:19 33:6 48:19 52:1 226:24 227:4,18 228:8 257:15 183:23 184:8,18,22 185:20 146:7 229:9 294:12 229:21,23 230:18,22 231:1 applied 185:24 186:6 187:4 189:2,7 analysis 231:15,18 232:7 234:20,21 58:15,23 92:10 160:7,9 189:10 190:22 191:17 89:23 231:12 294:24 234:24 235:3,22,23 236:3,9 279:19 193:15,20,21,22 194:3,11 analytical 236:12,23 237:7,14,16 approached 197:5 214:24 215:5,11,19 14:8,8,22 55:2 66:9 93:19 240:18 241:12 248:21 215:6 236:9 238:20 245:6,10 195:14 230:14,24 233:15 249:11,14 250:2,14 251:1,6 approaching 302:21 305:10 234:13 278:9 287:17 293:3 251:25 253:2,10 260:25 271:10 alan 293:7 294:1 263:17 264:12 268:5,25 appropriate 173:19 214:15,17 225:22 analyze 269:16 271:2,18,18 276:6 102:15 104:2 186:12 236:4 293:14 282:15 286:4 290:2,19 197:13303:13 alive analyzed 295:21 298:22,24 299:10 appropriately 57:9 96:19 102:3 243:16 33:3 52:15 63:5 83:8 302:4 303:21 132:2 271:17 274:12 276:8 281:9 183:10293:13 announcement approval 282:22 284:21 285:13 anchor 157:5 24:19 70:19 286:7 7:1 annual approximate allan andrews 260:20 33:25 68:5 223:6 270:19 ans approximately alleging animal 142:21 46:13,24 52:9 70:14 93:3,6 245:9 26:22 294:22 answer 100:16 259:9 260:18 allison anniston 10:10 12:9,11 15:3 43:14 april 5:11 8:25 34:9 35:13,15 37:1,5,7,15 43:19 44:3 72:3 111:1 134:24 135:5 183:22 allowed 39:1041:15,1845:3,5,15 118:14 131:16 142:20 area 245:10 47:21,24 48:6 49:13,15,17 147:15 150:6,22 173:2 52:15 54:20,21 70:20 alston 49:19,21 53:1,8,10,16,23 202:3 206:20 207:7 208:11 115:22 139:9 163:6 185:19 6:14 54:10 55:5,8 56:22 59:19 209:13 219:6 225:5 226:15 189:24 190:2 203:10 215:7 alston.com 59:24 61:9,13,15 62:5,23 228:10 239:10 246:17 216:15221:4 261:9 287:23 6:20 64:13 65:20 66:3,7 67:18 247:7,23 250:12 256:17 areas alternative 71:25 72:9 73:1,15 81:19 answered 45:9 49:8,23 62:22 71:1,4,7 72:19,22 148:17 86:2,13 88:24 92:6,20 93:6 75:5 96:24 110:6,23 117:20 106:22 138:25 157:15 aluminous 94:9,15 95:7,14,22 96:14 162:17 248:6 192:5 200:10217:16218:2 250:24 96:22 99:8 104:25 106:17 answering arguably aluminum 107:21 114:5,9,22 115:15 179:5 124:22 163:2 115:22 117:24 118:5,21,23 answers arguing amended 121:4 123:20,23 125:1,14 10:2 11:1866:23 118:17,18 124:3 126:18 74:11 125:23 135:4,9 136:7,12 225:16,17,18 246:15,19 arnett amendment 139:11 142:9 143:8,18 306:4 222:24 225:22 226:2 236:4 90:16 93:16 191:8 144:2 150:4 152:5,8,13,21 anybody aroclor america 153:1,2 156:18 158:7,20 172:5 196:2 222:13 76:22 84:9,21 85:12 160:23 256:4 160:1,20 161:8,25 164:12 anyway 161:8 163:19 164:12 165:2 168:15 170:7,13,24 150:3 165:15,25 166:1 168:8 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044932 [aroclor - bates] aroclor (cont.) assume (cont.) authored background (cont.) 177:6,23,25 178:4,7 196:6 205:11 226:13 299:9 302:6 102:24 264:7 216:14 272:5,5 283:22 assuming authorized bad 304:13 13:2 21:1830:13 123:7 305:6 38:9 71:22 aroclors 130:25 173:7 automotive bailiwick 76:17 77:17 161:17 162:5 assumption 300:3 91:15 165:17 168:8 255:7 271:4 134:6 136:10 182:12 available baker arrangement 219:20 302:13 38:24 89:3 116:13 125:20 270:24,25 271:3,6,7 291:21,23 292:1 atlanta 144:18 196:13 222:21 balkom arras 4:1,66:169:5 181:18 247:17 293:23 245:11 270:22 atlantic avenue ball arrival 6:15 5:13 6:4 192:9 213:4,7 atmosphere average baptist arsenic 207:5 263:15 84:18,22,25 85:3,18,19 240:24 264:7 atomic avoid barrels art 15:8,22 79:15 299:4 236:14 294:7 atoms awarded base arthur 77:5,6,20,21 16:18 136:9 187:16,16 280:19,23 attached aware based articles 76:20 89:25 93:19 101:2 22:11 61:1862:5 63:16,17 15:12 27:22 84:17 94:7,12 126:7 attaching 115:2,4 127:9 128:9,9 95:25 99:17,17 103:4,12 aside 94:1 135:22,23 136:20,21 106:9,15 110:16,18 114:3 109:13 226:16 attachment 137:15 141:3,20,20 148:11 116:12 118:19 121:3 asked 88:25 89:1,7,7,12,12,13,14 150:3 152:23 158:21 123:14,15 130:1 131:4 19:14 34:17 52:1 60:7 89:15,17,18,20,22,23 90:1 161:22 162:25 165:2 147:2 175:23 176:3 187:2 63:24 64:2 67:22 85:25,25 90:2,5,8,13,15,16,18 91:4 169:15 171:14,17 175:15 195:13 213:8,14 222:20 86:6,7 88:13,16 110:6,23 93:15,19 101:2 179:25 180:14,15 186:4 233:12 246:22 299:17 162:14 attachments 191:1 192:2,10,21 193:19 bases asking 42:6,7 89:10 197:12 198:1,12,16 200:25 215:18 43:17 52:6 82:11 125:24,25 attapulgus 202:11,19 203:20 204:8 basic 126:2 162:9 163:21 206:2 208:4 213:10,13 142:22 aspect attend 215:5,8 216:15 220:12,14 basically 25:12 77:24 13:18 222:6,19 227:24 229:14 15:21 22:4 75:14 77:4 asphalt attended 230:1,6 234:19,23,25 243:3 86:15 99:21 105:19 109:2 221:2 305:12 243:5,7,22 247:10 256:11 109:13 119:22,23 124:15 asphalts attending 302:1,4 125:13 140:8 150:12 156:7 220:24 17:2 awhile 157:6 158:5,18 159:2 assigned attorney 25:25 259:1 264:13,15,16 160:25 161:2 162:18 177:5,8 12:10 40:20 214:18,22 272:5,15 286:2 288:12 167:15 173:4 174:14,18 assist 306:8 304:6 176:8 181:21 183:2 203:2 24:7 61:2 72:23 226:3 attorneys awic 212:10218:10229:9 250:8 assisted 10:5 12:8 39:25 40:5 91:23 197:5 251:13253:12,15262:3 73:6 74:25 75:2 assisting 74:4 75:8 93:13 associated 78:6 155:20 167:21,21,23 174:5 180:6 210:2 228:19 228:22,23 234:1 236:16 300:25 associates 137:12 association 233:11 assume 27:4 122:24 126:7 136:7 226:14,18 230:2 238:7,15 240:2 258:23 305:14 306:10 attributable 231:9 audit 296:17 304:13 audits 296:18,21,23 august 71:15 authenticating 34:23 b 263:13 272:1 296:6 harhplnr basics 13:25 14:13,19 75:15 back 25:16 42:20 46:15 47:19 52-17 58 6 9 59 1 22 60 2 73:23 74:2 88:2 119:6 basing 129:21 131:3 136:9 basis 18:6 132:24,25 264:3 122:12,13 123:3,4 145:10 batch 175:21 181:5 183:5 184:23 207:19 219:23 241:5 265:5 132:4 batches 266 20 296 23 background 133:7 bates 66:21 99:18 107:11 212:18 87:10,15,1791:4 134:15 213:24 214:4 263:18,23,25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044933 [bath - breaking] bath believe (cont.) biodegradability blowers 149:5 250:14 252:15 258:8 260:3 51:22 272:8 bayou 264:1,13,13,18 268:7 biodegradable bob 137:25 269:15 270:8 274:8 275:20 50:24 10:440:10 199:12 beal 276:7 280:16 285:25 299:8 biodegradation bodger 271:12 302:12 50:14,15,17 272:10 beat believed biphenyl body 85:22 73:13 41:22 75:22,25 76:20 77:2 214:8 beds bell 77:3,11 82:3 84:10,18 boiling 169:11,14 143:5 240:11 249:7 271:14 86:13,18,20 89:19,21 92:8 78:11 79:9,11,21,24 80:16 beginning 271:15 92:14,25 93:13 95:21 96:3 105:7 66:6 87:17 107:19 143:22 bells 96:20 100:2,23,24 104:6 boils 226:23 235:24 113:16 119:14,25 120:1,5,5 130:2 begins bend 120:8,10,12 128:12 132:5 bond 73:24 265:6 13:19 133:8 135:13,17,25 136:2,5 75:19 76:13 begun benefits 136:12 138:13 144:1,9,20 bonded 208:7 102:8 146:2,12 147:10,13 148:13 76:8 behalf benignus 148:15,24 157:16 160:13 bonds 2:18 52:3 271:19 160:14,25 162:8 163:6,11 252:5 behave benzene 217:15,19,23 218:25 219:1 bosch 129:15 130:3 75:18 76:1,4,8,12 100:3,8 237:15 247:1,5,13 248:3 272:12 belief 100:13,20,23 105:18 251:2,4,15 252:17 253:17 bottom 26:17 193:11 113:15 119:9,14,20,20,24 282:5 284:16 24:23 133:13 303:7,7 believe 120:2,4,16 148:24 251:4,5 biphenyls bottoms 10:4 14:25 15:3 17:15 253:16,17 41:19 75:15,16,20 76:18 133:14,18,22,25 134:2,3 21:13,14,1425:11,20 26:19 benzol 77:4 86:19,21 147:21 148:3 145:15,23,25 146:1,12 28:7,8 29:3,8 30:6 31:2,22 100:4,8,11 148:20 217:20 251:12 152:12 170:2 32:14 36:24 37:12,16 38:13 bergin 303:20,25 304:5 bought 41:1 44:4,6 47:3 48:5 56:8 272:3 birchfield 258:5 302:18 56:11 57:11 61:1964:15 best 272:6 boulevard 67:19 68:23 69:23 74:19,21 36:6 60:3 125:19 131:18 bird 12:23 13:1 80:19 83:3 94:19 95:2,15 132:23 6:14 bowie 96:25 100:12 103:9,25 bet birmingham 244:1 104:14 113:20 114:16 200:3 4:16 6:6 45:16 bowles 118:17 131:17 132:1,21 better birth 272:16,16 135:18 136:1 138:4,18,19 51:3 79:14,14 150:9 294:20 12:14,17 bowman 139:20 140:15,20 141:18 beyond bit 272:18 143:12 146:4 150:25 152:1 56:2,19 127:7 164:19 10:4 31:12 59:7 82:13 boxes 152:21 153:23 156:24 bi 126:9 266:25 158:23 159:21 160:16 132:8 black branchfield 163:14,21 165:5,10 171:19 bicyclohexyl 158:14,15,17 42:4 173:17,18 192:19 171:22 176:15,15 184:6 256:13 blend 209:5 210:10,13 225:23 186:23,25 187:10,14 big 165:8 174:14,18 236:5 188:18 189:4,19,25 190:4 83:18 121:24 122:1 300:2 blended branchfield's 191:7,13,14201:15202:15 bigger 175:10 209:24 210:5,7 202:16,18 204:15,22 245:17 blending brand 205:25 209:23 210:9,22 biggest 175:8 300:14 211:14213:19214:1,7 69:7 blends bratsch 216:6,16 217:5,11 218:23 bill 168:9 257:7 272:20 219:13 222:18 223:3,6 64:8 65:2 101:19,23 296:8 blocks break 224:5,20 225:9,15 226:1 billion 108:1 11:23,25 42:12,1382:14 228:15,18 232:4 233:17,20 200:20 294:12,14 blood 180:25 262:7 235:7,16 236:16,16,17 binghamton 154:21 155:2 243:4,6,9 breakdown 239:3,5 240:9,21,23 241:19 45:11,16,17 bloomfield 58:3 81:23 242:13 243:19 244:4,6,19 bins 5:4,5 breaking 245:12,21 246:22 248:6 178:16 79:15 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044934 [breaks - certain] breaks buildup called (cont.) carried 11:24 298:13 256:12 257:2 262:22 294:3 67:14 105:7 120:25 130:24 brief bulk calls 148:24 40:19 165:8 131:13 199:11 232:14 carry briefly bulldozed calvin 148:18 149:4 42:6 100:10 183:14 272:18 carryover briggs bulldozer camden 297:21 298:1 272:24 183:14 138:1 158:24 cars bright bulletin Campbell 303:12,15 273:1 31:16 32:2 245:24 case bring bunch campus 1:4 2:88:8 9:10,14 18:18 123:4 261:22 146:16 15:17 35:11 45:10 108:25 197:25 broad burning cancer 199:5 213:2 230:3 239:1,4 53:18 60:21 158:25 159:1 202:20 203:2 23:25,25 24:1 26:2,3,7 239:8 240:20 241:3,10,13 broadened 203:7,9 27:19 29:12 269:5,6 241:15 242:3,4 244:18,20 52:15 54:21 bush cap 245:2,12,13,19,20 305:19 broader 243:14,16 183:15 185:19,23 186:5,10 cases 55:1,2 173:7 business 186:13,14,17,20 188:14 23:2 141:21 239:9,22,25 brought 245:3 272:5,22,23 278:12 190:9 201:25 202:6 204:3,6 240:4 242:21 243:2 244:8 261:20 282:21 283:22 285:11 205:1 244:10,12 245:17 brown businesses capillary casey 95:12 96:4,8,10,17,18,22 272:15 294:3,7 273:21 97:7,15,18,24 98:2,4,11,14 buturla capped catalyst 98:17,21,21 99:17 102:14 273:17 201:22 77:14 149:2,5,6,21,24 102:17,19 103:1 110:1,5 butzel capture 150:2 161:5,18,20 162:20 151:8 158:1,3 160:17 5:3 127:14,14,16293:11,18 162:25 297:19 168:12,13,22 170:8 175:24 butzel.com 303:16,16,16 catch 176:8,9,21,24 177:10 5:8 car 120:13 139:23 178:11 186:23 187:3 buy 27:16 140:9 categories 192:17 201:9 208:21 211:7 123:6,10 carbide 24:3 26:25 27:1 223:21 224:12,19,22 buying 250:13,19 category 225:22 236:4 237:4,6 124:25 carbon 27:9,10 242:15 248:13 303:19 byproduct 76:12 158:6,15,17 298:13 caught brown's 147:10 169:23 179:3 carbons 121:14 103:5 248:25 76:13 85:6 cause bryan byproducts carcinogen 8:9 164:1 200:13 305:8,11 2:22 305:4 306:15 109:3 169:2 27:16 caused b's 286:19 bubble 119:8,9 120:16,16 bubbled 100:20 113:15 buck 273:3 buckley 273:5,7 bucknell 273:13 buff 273:15 building 7:4 15:18 99:6 151:3,9 157:17,23 buildings 135:7 c carcinogenic cadmium 264'5 26:20 27:2,4,5 carcinogenicity calcium 250 13 19 calhoun 228:9 230:4,19,23 231:5,8 24:1 26:14 carcinogens 26:15,22 27:8,9,11 carder 232:8 233:9 273:19 call care 61:25 62:20 109:4 110:17 113:13 187:24 203:7 231:6 rallprl 70:11 71:2 118:10 career 187:7 22:9,10 25:5 58:15,18 61:24 62:10 67:12 77:13 84:8 119:22 137:5,6 143:2 14519 15T13 1557 163:21 165:14,16 173:20 175:11 188:15202:22 carefully 305:17 Carolina 288:1 carondelet 2:19 3:5 8:4 212:12 236:8 252:24 149:15,16,20 248:4 305:22 causes 149:7 cautioned 305:18 caxton 7:4 cells 228:6 center 6:15 centigrade 142:7 cercla 72:24 74:5 75:13 92:1 225:8,24 certain 34:18 44:2 59:25 69:10 112:9 183:4 194:4,24 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044935 [certain - collect] certain (cont.) channel chlorinated classify 224:12 20:9 50:20 69:20 79:7 81:18 27:13,15 certainly chapman 84:22 85:5 128:22 161:4 clay 22:9 39:13 43:15 48:11 268:4,6,12 chlorination 163:19 164:3,7 178:12 52:4 69:4 70:6 72:12,17,17 characteristics 50:19 77:10,16,25 78:3,6,8 186:1,1,17,20 188:14 72:19 80:21 81:10,22 83:3 80:14 83:23 112:9 78:15,19,25 79:2,10,13,18 189:21 205:1 89:11 91:6 93:15 97:17 charge 80:2,12 84:2,19 86:17 claylike 104:10 109:4 111:23 115:5 171:7 176:19 225:3 226:23 chlorine 163:22 115:12 117:1 120:1 121:14 227:3,4 237:10,13 278:9 77:6,6,12,20 161:4 162:8 clayton 121:15 125:8 126:13 127:5 Charles 174:23 211:25 227:25 8:4 127:22 128:6,24 131:4 268:4 chlorines clean 137:20 138:25 139:16 chart 76:20 82:4,6,17 84:4,8,11 178:7,12 294:20 153:12 154:3 169:15 159:15,18 163:9 297:10 84:25 85:2 cleaned 182:16 185:9,14 191:16 charts choccolocco 122:8 144:24 192:18,24 195:15 196:19 295:3 190:24 214:10 238:19 cleaning 198:18,19 204:1,2 205:12 chat chocolate 176:19,25 177:1 178:3 206:21 211:20 215:2 217:8 151:13,16,19,21,25 152:2,3 137:25 cleanup 233:3 237:6 247:21 251:18 152:8 221:8 choose 34:14 139:3,17,18,20 254:5 296:20 298:25 300:2 check 83:25 cleanups 300:9 301:11 302:18 47:17 95:8 chose 139:5,9,11 140:12 certifications cheever 20:3 clear 170:17 270:12 chosen 10:20 28:9 136:14 162:13 certified chemical 65:9 248:10 clearly 2:22 8:6 306:16 17:11 25:7 29:20,22 75:17 chromatograph 11:14 92:17 93:18,18 94:3 certify 76:23 77:14 78:12 80:3 48:22 94:5 110:20,21 124:4,7 305:7,7 306:7 149:7,10,24 298:6 chromatographic 220:2 228:19 229:6 cetera chemically 48:19 293:10 Cleveland 22:3 135:8 169:21 chromatographs 3:17 7:5 chaff chemicals 293:24 close 221:7,8,14 59:8 66:17 76:19 173:5 chromatography 84:24 132:25 chain 282:4 52:14 closed 173:9 chemist church 67:15 113:18,20 116:17,19 chair 46:2,4 48:17 49:6,19,25 240:25 116:22 117:2,3 181:19,20 19:12,16,22 20:6,9,20,23 52:18,25 53:5 54:14 58:14 citations 186:15 193:3 195:7 21:8,11,1523:1325:2,18 95:4 105:23 131:6 150:13 238:4 closely chairman 254:1 287:17 citrus 131:18 272:14 chemistry 304:8 closer chair's 13:25 14:6,8,9,14,20,23,23 city 247:5 21:1 15:2,5,18 17:7,8,13 19:4,10 137:24 234:20 235:4 305:3 coal chamber 19:1224:18,21 25:10,14,17 civil 179:3 119:8 29:11,15,24,24 38:7 99:18 305:8 coalesced champion chemists claim 167:18 245:15 53:6 55:9 57:24 12:10 28:25 coarsely chance chemstar claims 151:17 40:10 159:12 25:5 45:22,22 241:11 245:9 coating change children clarey 36:25 304:7 47:16 52:11 57:18 73:17,22 29:2 273:11 cogener 78:3,9,13 207:12,17 209:20 chips clarification 83:17,22 225:5 264:25 278:2 294:2 107:25 43:15 44:2 cogeners changed chloride clarify 77:1 82:3 83:11 85:1,15 190:6 218:5,14 293:4,8 161:5,15 162:4,20 163:25 11:21 59:6 coincidentally changes 212:11 classification 100:21 80:13 120:9 161:12 chlorides 27:17 colgan changing 163:3 classified 273:23 118:8,13,14 chlorin 26:21 collect 77:24 120:11 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044936 [collected - contaminated] collected company (cont.) concluding consistent 100:24 120:13 184:22 185:20 186:7 187:4 123:14 107:7 115:17 118:18 collection 189:2,10 215:5,12 220:2 conclusion 206:23 234:1 167:25 221:22 222:1 229:11 26:12 106:7,9,15,21 112:20 consistently college 238:10,24 239:8 240:12 190:15 230:16 232:15 117:16 13:22 245:5 248:12 255:21 234:12 consortium colorant 256:10 268:16 269:22 conclusions 29:20,21 158:12 271:8,22 278:14 279:20 110:16,19 130:4 131:4 construct column 296:20 302:21 262:4 215:3 120:10 130:19 133:13 company's concrete constructed 251:15293:17 247:19 63:8,11 214:24215:2,15 columns compare condenser construction 293:10 294:3,4,7 200:16 120:11 192:6 204:3 215:6,20,21 combined compared condition 218:4,17 52:14 69:1 199:24 299:16 130:16 consultant combustion complaint conditions 23:10 29:15 48:1 291:12 159:2 74:8,11 130:11,13,16 132:2,15,21 consultants coming complete 187:9 204:25 23:3 29:23 30:2,14 31:3 112:8 114:1 117:1 124:4,5 296:14 306:3 conductivity 262:2 159:1 269:24,24 293:16 completed 80:9,11,1881:12 consulted comment 16:16 conference 19:14 40:2 completely 290:25 consulting commented 152:20 confidence 18:6,15 43:4 44:25 45:2 39:25 completing 146:13 260:5 264:19291:10,14,16 comments 16:13 confidential 291:25 292:3,5,8 19:14,15 30:21,23,25 31:3 complicated 292:13 consumed commercial 257:10 confidentiality 155:19 156:15 157:14 component 292:11 consumers commercially 112:18 148:9 174:19 confirm 155:19 293:23 components 95:8 consumption commission 174:19 confirmation 190:24 191:18 64:1 197:6 composed 197:8 contact commissioned 75:17 confirms 10:4 66:18,22,24 184:8,9 305:5 compositions 114:10 194:3 committee 301:6 confluence contacted 295:24 296:2,6,10,14,18 compound 70:25 184:13 234:25 committees 75:23 congress contain 296:4,11 compounds 25:19,23 37:18,21 38:25 94:5 151:19 257:17 common 69:20 connected 300:12,23 301:8 165:12 comprehensive 75:18 140:13 235:23 contained communications 26:13 27:23 28:24 29:6 connection 50:8 94:25 104:13 112:18 209:19 conceivable 18:22 34:8 37:15 39:5 139:6 146:6 175:7,14 community 193:9 127:4 141:5,23 148:15 204:19 229:2 233:17 118:5,21,23 123:15,20 concern 159:19,19 165:25 167:8 300:22 301:16 125:14,23 188:12 203:6 170:11 210:5 240:4 246:11 container companies concerned 247:14 249:4 256:23 261:20 25:8 29:20,22 30:19,20 188:6,8 220:3 297:22 298:4 containers 45:13 66:20 154:17 157:3,6 concerning connects 100:19 220:12,14 292:4,9,16 300:3 26:14 73:11 159:20 226:4 62:15 containing 302:23 concerns consider 100:19 153:17 156:19 company 300:4 81:24,25 182:9 204:16257:11,19 6:12 13:6 22:14 32:15 59:8 conclude considerably 302:2,7 303:9 66:16 76:23,23 103:16 106:11 52:16 contains 142:13 143:2,3,16 156:4,11 concluded considered 85:1,15,16 117:12 169:7 173:4,8 176:4 181:18 104:22 117:23 118:7 18:24 contaminated 182:2,14,20 183:23 184:8 166:7,7,9 167:5 219:25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044937 [contaminated - danger] contaminated (cont.) converted correct (cont.) create 230:23 119:14 242:7 244:6,9 254:8 260:11 50:8 69:13 86:22 120:5 contamination converter 263:9 300:23 302:21 304:1 created 31:16 138:21 139:3 166:21 105:5 120:4 298:2 306:3 25:6 39:19,21,24 51:20 191:21 192:1 194:17 converts correction 69:10,15 199:18 220:3 232:8 245:2 120:11 90:18 creation contend convulsive correctly 69:19 70:1 228:7 167:17 42:24 51:18 132:1 270:3 creek contents cook 305:24 62:13,15,16,20 67:17 68:13 182:18 273:25 correspond 68:14,22 69:25 70:17,25 context cool 91:7 72:10 114:25 115:1 187:13 292:6 126:15 corrosion 190:24,25 191:20,23,25 continue cooled 174:22 192:7,8,9 198:22 214:9,10 18:4,5 47:8 54:12 72:8 120:14 126:8,10,12,14 costs 228:24 238:19 121:5 156:18 198:10 128:2 257:21,21 creeks 257:15,16 300:13,16 cooper council 72:14 194:16 continued 6:3 17:7,8,14 19:4,10,1324:18 critiquing 16:6 22:4 44:16 71:25 72:5 copies 24:22 25:10,15,1729:11,15 32:17 258:22 294:4,8,9 36:7 39:12,15 29:25 30:10,13,14,16 38:7 crouch continuing copy counsel 274:18 40:9 72:13 97:23 111:1 39:13 88:22 241:24 3:1 8:10 40:24 41:2 73:16 crum 117:22 159:12 corder 145:3 207:11 306:1,2,6,8 137:6,8,9 continuously 274:2 counterparts crushed 123:10 corich 223:22 152:3 contract 274:6 country curbing 18:7 56:17 corporate 45:7 213:25 216:14,18 contracted 36:10,13 37:15 59:5,9,11 county curious 23:3 61:1 226:5 265:10 266:6,9 2:20 228:9 230:5,19,23 247:24 contractor 266:13,21 267:9,19 268:23 231:5,8 232:8 233:9 305:13 current 32:14 56:25 269:14 286:1 couple 12:1995:20 255:19257:17 contrary correct 41:7 269:11 208:7 302:16 10:23 11:1 14:2,14 16:24 course currently contributing 17:14,15,18 18:24 19:21 12:7,10 14:17 15:12 16:2,4 8:8 19:11 42:24 43:2,8 204:17 206:24 21:16,18,21 26:4,5 28:10 16:22 23:6 31:9 147:25 205:16,17 223:12 237:20 contributor 28:11 29:7,14,16,18 30:16 164:17201:17231:19 237:25 259:13 232:7 32:11 33:1035:1841:19,21 court curt control 41:23 42:25 44:8,9,13,18 2:1,23 8:6 11:15 87:20 8:5 55:20 127:1,6 131:24 47:7 50:20 51:22 52:21,23 241:15 245:7 305:10,11 customer 188:11 201:24,24 203:18 53:15 54:5,7 56:3 57:6 59:2 306:16 61:6 203:25 204:9 263:5,7,12 60:13 63:19 64:9,11 65:16 cove cut controlled 67:1 68:2 70:12 71:18,22 238:23 166:23 183:9,12 218:11 105:16 131:23 75:20 76:1,2,15 77:7,18 cover cutoff controls 79:10,12 80:10,15,20 84:3 40:2 43:13 89:12 90:3,5 68:18,19 126:25 127:3 187:23 188:3 84:12,13,23 85:10 86:17 152:4,8,12 178:23 179:7,7 cuyahoga 200:22,25 201:11,13,17 88:12,21 90:18 93:7 96:5 186:1 187:20 189:19 7:6 204:4 99:20 100:4 102:18 103:3 covered cv conversant 104:13 106:6 109:21,24 218:13 1:4 2:88:10 264:3 conversations 53:5 conversion 100:23 119:25 120:1 297:13,20 convert 77:3 110:18 111:2 113:7 119:5 craddock 119:10,11 120:4 128:14,16 21:4,5,7,12,15,19 60:24 135:3,18 138:19,19,20 61:2 64:6,7,9 274:9,11,12 148:19 149:2 150:19 153:4 274:16 156:6 167:2 173:8 181:15 craig 182:10 184:6,20 195:8,20 42:4 173:17,18,19 192:19 196:17 205:9 208:24 209:6 209:4,15,15,17211:11 217:6 223:4,5 230:23 231:2 225:22 236:4 234:5,16236:12241:13 d daily 132:24 196:4 232:5 damage 241:11 243:1 244:12 dancing 253:15 danger 191:11 299:19 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044938 [dangers - diammonium] dangers decided depending (cont.) details 105:17 91:9 126:15 43:10 47:14 141:9 186:20 danna decision depends 186:24 252:9 274:20 27:1260:1,8,9 91:16,18,21 83:16 88:8 143:19 294:18 detect data 95:4 150:7 156:22,23 depiction 154:21 155:1 72:12 112:24 148:6 196:19 decrease 135:4 detectable 230:14,24 264:3 78:15 200:8 294:10 depo 151:19212:14,17213:24 date decreases 40:17,25 41:6 42:2 detected 8:2 12:14 47:6,17 86:4 93:2 78:17,17,20,22 deponent 62:11,23 66:25 67:4,11 98:15 175:25 215:3 227:10 deeper 306:5 68:4 69:25 70:16 82:19,24 300:20 301:4 248:2,4 deposed 83:5,10,11 106:22 107:6 dated defendant 11:13 33:10 34:5,16 35:8 116:8 117:24 138:23 89:21 134:23 11:4 36:10,13 37:8,13,14 140:22,25 146:11 154:24 dates defendants deposes 166:17,19,22 184:17 34:1 36:16 91:6 2:11,189:10 11:5 40:14 9:14 194:14204:13213:21,24 datron 74:8 230:3 deposition 214:1,2 229:22 230:25 7:1 9:7 defendant's 1:142:178:7 10:18 12:7 232:19,22 243:8 263:17 day 7:19,20,21,22 86:25 87:1,6 18:21 33:22 35:2,4 36:8 detecting 2:21 195:10,21 232:1 90:20 101:10 134:10 159:3 37:1 40:15 42:9 43:11 200:5 293:15 304:24 305:15 defense 73:20,25 145:6,12 207:15 detection 306:12 6:1 8:24 258:23 207:21 265:2,7 292:13 146:15295:1 days defined 304:20,23 detections 82:15 195:22,24 241:17,19 45:12 214:9 depositions 264:1 294:6 300:10 304:7 definitely 33:14 34:2 37:6 305:7 detector dc 285:2 derivative 293:19 5:14 definition 253:7 detectors de 83:2 85:13 116:21,24 derivatives 293:11 294:5 149:10 250:8 determin dead degraded dermal 95:24 278:15,16 155:21 156:1,3 164:2 28:1 determination deal degree describe 56:19 104:3,9,9 105:2 21:23 22:23 60:25 114:17 13:24 14:1,4 16:17 77:16 76:3,19,24 77:2 91:25 262:5 186:12 296:11 80:3,16 130:2 100:13,14 105:3 119:12 determine dealing degrees 121:7 145:23,24 147:8 32:22 50:9,13 51:11,12 26:2,3,7 28:18 66:3,4 84:2 105:9 130:3,4,6,8,21 160:22 161:19 167:11 63:3,14 94:16,25 99:24 208:15 209:16 130:22 142:7 212:8 228:7 253:20 259:12 102:11 104:19 107:20 dealings degulis 265:9 289:15 113:11 123:22 124:8 160:1 7:3 9:7 described 172:15 184:5 247:1 dealt delaware 83:16 90:8,19 91:4,12 determined 296:14 138:3 139:17,24 140:15 92:17 127:18 173:4 55:22 99:19 107:23 261:24 dean demolished describes determines 284:12,19,20,21 151:11 107:17 132:2 146:3 77:16 267:25 268:1 decade dempsey describing develop 71:19 3:148:18 132:22 22:4,19 234:16 294:4 decades dennis description developed 82:21 278:12 128:10 52:13 228:5 229:16,17 decatur department designation 234:17 296:7 299:22 300:4 138:6,6 41:10 190:22 191:17 19:10 25:6 developing deceased 262:11,15,22,23 286:17 desirable 21:24 270:7 275:20 277:21 289:9 80:15,22,25 81:4 development 278:17 280:16 281:1 284:8 depend detail 26:4 28:1961:5 111:15 286:18 146:15 18:3 51:5 66:5 89:10 164:17 293:23 294:3 decernber depended 114:17 164:20,22 developments 16:1 177:20 detailed 293:22 decent depending 167:19 diammonium 42:12 27:6 50:18 56:4 78:3 82:17 250:6 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044939 [dick - drafting] dick disc disposal documentation 276:14 208:19 68:18 202:14 224:23 225:3 74:22 156:14 195:12 303:5 died discard 226:23 227:3,5 documents 243:18 134:2 disposed 34:24 38:17 39:1,2 41:5 dielectric discharge 116:18 145:16 182:10 42:1 74:7 93:11,22 94:1,4 80:15,25 81:4 174:11,15,24 104:20 106:16 107:7 222:1 228:6 94:13,16,25 96:3 98:18 301:21 302:7 114:25 169:14 170:4,7,11 dispute 99:9,10,23 103:13 105:4 dietrich 170:12,17 180:3,19 194:24 34:14 191:10 195:11 208:8 106:10,16 110:19 116:13 54:1 274:22,23 discharged disputed 118:19 125:20 128:8 difference 104:16,24 106:2 107:12 191:14 150:11 151:6 159:22 76:16,17 79:20 251:2 114:12 123:15 169:12 dissolved 179:24 180:3 186:3 189:13 differences 180:18 296:10 194:23 196:2,9 208:6,9,10 64:23 discharges distances 208:17 228:25 229:8,12,14 different 106:6,8 118:12,14 125:25 207:6 230:17,21 232:3 233:16 26:25 51:22 55:19 64:21 154:12 180:6 196:14,20 distill 255:12 256:7 298:11,23,25 103:8 155:23 158:15 200:11 210:3 213:14231:1 128:18 dodge 200:24 240:2,13 252:2 discharging distillation 4:11 8:16 261:3 266:22,24 267:4 106:23 120:10 133:12,13251:14 doing 271:6 291:19 disclose distilled 11:12 15:20 31:5 33:6 difficult 292:10 84:18 100:25 120:10 45:11 48:22 49:18,24 50:1 10:13 disclosures 128:13 133:11 55:7 58:2 65:11,12 87:10 difficulty 74:14 161:23 230:2 258:1 distinction 105:25 118:16 123:14 178:3 discovered 41:22 105:22 131:18 141:25 183:8 191:8 digits 184:7 187:12,21 189:2 distribution 193:17212:21 247:14 84:17 discovery 22:3 264:20,21 293:5 294:11,16 diking 66:6 154:10 191:12 district 297:2 216:14,18 discuss 2:1,2 8:9 305:9,10 dollars diphenyl 25:9 34:18 38:17 39:19 ditch 259:21 41:22 254:20 83:25 97:8 186:3 266:21 61:22,23 62:1,3,10,12,15 donald diphenyls discussed 63:4,7,18,21 67:12,17 68:4 283:20 75:16 32:2 41:14 72:11 77:17 68:10,21 69:25 70:5,16,21 dotted dipping 80:24,24 94:13 100:2,6,7,9 71:11,21 72:10,15,15 83:6 266:12 267:18 297:7 121:19 138:18 157:25 83:10,12 180:16,17,20,23 double direct 158:3 169:22 180:17 187:12,22 197:23 198:21 252:5 3:8,18 4:18 98:8 173:2 203:19 221:8 254:6 255:10 213:18,22 227:15,17,23 doubt 177:9 178:10 209:17 260:6 263:21,21,22 281:25 297:4 235:14 55:10,12 144:19 177:1,3 266:15 297:7 298:13 301:19 ditches 221:3 271:9,9 299:12 directed discusses 62:4,7 63:13 72:14 180:21 downstream 97:7 218:15 247:13,16 263:2 303:6 189:24 190:1,8,13,17 130:19 198:7,7 240:16,17 direction discussing 199:20 218:16 240:19 206:24 114:11 146:2 152:15 divided doyle directly 298:24 299:1 158:5 287:1 248:15 291:15,17 302:3 discussion division dozen 303:2 87:25 103:5 145:8 160:14 25:10 261:6 290:14 director discussions doak dozens 47:3,8 64:25 65:3,9,13,17 94:14,24 95:7,25 96:12,16 240:9 48:10,11 137:23 138:9 66:2 171:6,25 172:18 173:6 96:17 99:1 103:10 105:10 doc 301:9,13 179:12 236:24 275:14 168:25 175:24 186:8 187:2 90:19 95:3 255:9 dr 284:7 286:1 208:19 doctor 30:7 52:20 54:1 57:8 276:2 directors disley 28:10 draft 173:15 274:24 document 39:24,25 40:2,2 dirty dismantled 41:12 75:7 91:3 99:22 drafted 294:23 166:2 107:17 129:22 134:21 39:20 disappear dismissed 159:10 160:6 163:9 225:20 drafting 82:16 141:19 240:22 245:6,8,13 255:25 297:10 24:7,9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044940 [drafts - entity] drafts dumping effect elmer 40:5 220:8 165:11 169:18 203:12,21 286:16 drain dunlap 302:5 em 180:13 190:17,19 275:1 effects 177:19 drainage dur 23:5,22,25 24:2,2 27:25 emission 61:22,23 63:4,7,13 114:21 286:21 28:1,1,2,4 29:1 155:20 127:1,3,6 206:3,9 189:24 190:1,13,16 194:15 durgin 293:12 emissions 197:23 198:21 199:20 275:3 efficiencies 105:18 114:1 115:10,13,19 213:18,22 235:14,17 dust 129:11,13 115:24 116:2,5,11,16 117:7 drains 167:21,23,25 168:5 203:18 efficiency 117:13 123:19 124:14 235:4 203:25 204:3,9 129:2,7 146:13,18 126:25 127:16 167:20 draw dustin efficient 205:4,16,17,17,20,24 130:4 214:19,21 119:25 129:10,17,19 130:5 206:10 303:16 drawn dyer 133:17 employed 248:2 238:10 239:5 240:2 eight 13:12,1543:3,8 223:10,11 dredged e 36:16 85:2 259:7 employee 227:17,19 dredging 227:21,22 drew 247:5 drive 12:23,24 drop 76:11 77:6 200:11,13 droplets 167:18 dropped 105:14 dross 108:19,20,23 109:7,17 110:12 111:4,7,11,13,25 112:17,18 116:18 117:4 121:19,21,23 122:21 123:7 123:16 124:5,14 127:23 128:10 179:7,8,9 193:9 228:4,5 297:4,7 drum 219:11 drummed 134:6 164:10 166:10,12 167:1,6,7 176:12 drumming 219:8,14 drums 166:14 204:21,23 219:16 303:11,12,14 dsw 101:8 134:15 due 23:6 71:21,21 120:9 duly 9:12 305:5,17 dumped 219:23 eaddy 4:2 earlier 54:20 60:25 67:3 77:17 100:2 114:11 121:19 127:18 142:5 150:23 152:15 173:4 180:17 183:7 187:2 208:25 217:1 221:8 223:4,7 231:25 236:10 245:14 254:6 257:8 258:17 261:12,14 274:9 290:11 295:8 303:24 earliest 255:4,5 early 21:1023:11 65:8 103:18 160:13 165:5 194:12 200:15 201:16 206:9 236:18,20 276:6 280:15 293:17 294:11 earn 259:22 earning 260:17,18 earth 163:22 easily 219:22 252:23 east 15:1850:3 143:13261:9 eastman 275:5 easy 11:14 ed 272:16 275:23 educate 69:8 edwin 275:23 eighties 199:3,8 either 17:6 18:6 27:10 43:22 53:20 95:5 107:6 115:14 116:1 120:7 126:20 133:20 142:22 147:21 170:11 177:7 197:1 203:18 213:4 249:23 250:21 256:23 289:13 292:16 301:3 306:8 elaborate 234:11 elected 19:25 248:10 electric 80:9 174:10 301:22,24 electrical 80:1781:12 153:14,19 164:1 174:25 189:7 272:2 284:7 302:19 electric's 301:20 electrode 212:13 electrodes 212:12 electrolysis 212:11 electron 293:11,18 electronic 39:15 elemental 161:4 elevate 214:3 elevated 106:21 115:14 214:2,4 ellenberg 275:7 95:20 96:4 226:17,18 268:5 269:9,10 employees 42:8 95:20 96:1,5 102:12 222:7 243:8,23 303:6 enclosed 113:24 263:4,14 enclosing 263:6,6 enclosure 157:21 ended 119:3 153:2,10,12,15,18,19 154:9 212:7 ends 304:19 enforcement 191:18 engineer 298:7 engineering 277:25 engineers 150:7 enjoy 60:5 enjoyed 60:5 enoch 275:9 enter 78:24 entered 115:1 235:4 entering 194:21 197:23 entire 107:14 entity 44:10 47:10 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044941 [entrained - fair] entrained escaped excuse exposure 105:13 120:7 123:2 105:16 73:16 78:25 166:5 22:10 entrap escaping executive extensive 130:11 168:5 296:14 99:22 200:6,9,12 201:17 entrapment esq exhibit extent 132:17 3:3,13 4:2,12 5:2,11 6:2,13 7:19,20,21,22 86:25 87:1,6 22:25 23:1 24:12 50:1 entrapped 7:2 88:7 90:20,25 91:1,5 92:14 66:14 103:7 121:20,22 132:17 essence 101:3,10 134:9,10 135:1 124:9 128:3,20 132:1 environment 263:4 159:3,8 164:20,21 174:16 188:9 51:25 69:11,13,18 77:22 essentially exhibits 194:17 293:21____________ 78:5 81:6,9,16,21 82:5,7,15 30:17 34:23 84:21 147:3 7:17 87:10 f 82:23 104:17,21,24 106:17 115:15 154:11,13 179:25 194:21 197:3 198:9 213:5 213:12,14 265:17,22 environmental 22:1831:16,20 33:941:10 47:3,9 58:11,18,24 61:16 61:17,20 64:25 65:4,10,13 65:18 66:2,7 68:19 81:13 92:11 106:19 114:4 116:14 118:4,20 119:2 154:12,16 169:16 170:19,20,24 171:3 171:7,8,25 172:7,18,19 173:6,7,10 179:13 187:6 211:10217:2,10223:14,16 223:24 224:10,17,17 226:14 236:24 237:5,24 238:1 264:14 265:10,16,24 266:8,21 267:6,10,17 268:22,23 269:25 270:14 273:8 277:25 281:7 296:18 296:21,21 enzymes 28:2 ep 26:19 197:1 epa 22:2 26:19,22 38:6 74:5 92:1 104:11 184:15 214:22 epa's 72:24 epidemiologist 28:12,13 30:11 265:20 266:1 eppenberger 2:19 3:4 8:3,20 12:3 259:15 305:12 equal 124:13 equipment 132:10 133:3 163:7 168:6 175:1,14,16 263:3,5,7 298:14 299:20 302:8,19 error 146:5 149:5 260:9 267:2 293:9 est 123:22 established 113:5 129:24 estimates 195:9,14 estimation 92:20 et 1:2,6 2:5,10 8:8,8 22:3 135:7 238:10,24 eugene 269:19 277:16 evaluation 222:21 evaporate 78:23 79:1,3 event 183:4,18 eventual 70:17 eventually 66:9 67:14 141:19 172:4 180:19 249:1 252:17 everybody 9:17 172:3 294:7 evidence 26:15,23,23 27:25 69:14,19 115:12 123:18249:21 exact 70:8 127:21 exactly 89:11 131:1 157:21 181:20 examination 7:149:19 examined 305:17 example 204:8 256:3 exams 16:16 exclude 303:4 exist 105:24 187:1 254:17 295:12 existed 135:5 existence 160:3 existing 29:13,13,16 166:1 exists 185:14 196:12 239:16 expanding 165:21 expansion 165:13,15,25 expansions 164:12,17 expect 106:23 expenses 260:7 expensive 299:16,21 experience 131:6 experiencing 196:6,16 experimental 105:21 107:10 experiments 32:13 106:1 expert 18:25 19:5 expertise 52:13 65:22 expires 306:18 explain 39:23 67:9 79:20,20 109:15 111:7 182:25 183:13 exploratory 183:24 exposed 51:10 183:15 fabric 189:20 face 218:15 facilitate 149:25 162:12,18 facilitates 77:14 facilities 136:16,17,19,20 137:15 153:21 178:16,23 302:11 302:25 303:22 304:1 facility 82:20 88:24 93:6 98:22 107:21 115:3 135:22 144:2 146:25 150:24 153:24 154:1 158:8 165:1 166:1,6 168:15 175:19 176:7 177:10 178:22 179:15,21 180:16 181:9,10 195:21 197:11 198:11 200:1,2,17 202:11 205:4,9,15,16,17,22 206:3 210:3,17211:12,18 213:9,16215:16,20 216:1,5 218:18220:13221:16 222:7 223:25 224:23,24 227:15 228:8 231:15 236:12,24 237:11,14,16 240:18 281:22 282:2 290:2 290:20 291:4 295:21 303:21 facility's 161:25 fact 10:21 84:17 94:5 106:3 123:9 128:17 148:16 156:1 165:22 184:1 187:20 188:2 210:18 225:4 252:16 257:12 failed 132:4 133:7 failing 56:18 fair 66:1 182:12 190:14 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044942 [fairly - form] fairly feet finely flow 34:3 56:15 294:14 303:7 151:17 158:5,5 101:2,4 105:4 119:18 190:5 fall fell finish 190:5,7 195:14218:14 24:20 126:7 91:14 11:17,18 16:2 fluid falls fellowships finished 155:21,22 304:11 127:14 15:13 16:491:1 134:19 fluids familiar felt fire 80:15,22 81:1,4 165:24 26:2 64:17 105:22 135:6 94:2 105:17 299:18 301:20 174:11,15,24 175:7 257:6 140:24 142:11 151:13 fence fires 257:12,13,13,19 272:2 157:15 161:1 170:10 205:21 206:12 69:15 277:23 284:8 288:12 173:20 174:12,16,17 181:9 fenced firm 299:17 300:5 301:21,24,24 181:12 192:12 194:20 189:4,6,9 40:20 259:15 260:2 291:20 302:2,18 210:16 212:1 218:4 232:20 fences first fluorescent 246:2,3,13 256:12 262:10 188:17,19,22,25 9:12,25 20:7,8 21:15 23:9 15:8 270:16 304:12 ferric 30:18 33:5 45:25 47:20 fmc familiarity 161:5,15 162:4,20 48:4 52:20 54:8 66:22,24 6:1 8:24 256:15 ferro 67:23 74:5 82:24 84:16 focus family 246:4,11,14,16 248:25 86:5,9 92:19,21,24 113:17 62:8,25 13:12,15 76:19 83:18 249:1 113:17 119:8,8,21 167:11 focused far fields 171:2 181:16 191:24 194:7 15:22 16:11 18:16 53:7 11:1253:21 69:6 116:17 192:9 196:25 197:1 201:3 212:3 focusing 175:21 192:9 200:16 fifteen 218:24 229:15,18 233:24 54:25 206:16 239:22 240:7,19 33:13,14 168:24 234:15,15 248:14 270:21 folks 242:3,6 263:18 269:18 fifty 279:20 287:13,16 289:21 101:9 296:23 302:23,23 268:14 293:4 305:17 follow farm filed fish 22:15 42:3,5 131:9,18 165:7 34:9 39:9 141:4,21 243:22 49:3 51:2,10,12,19,25 52:6 209:1 210:14 farrar files 56:23 190:24 191:12 following 275:11,12,13 38:14,21,23,25 five 131:1,3 146:12 160:23 fast filing 42:11 82:5,10 84:22,24 204:11 236:1 304:24 82:2 144:12 85:5,9 142:1 follows fate fill flain 9:15 66:10 228:19,20 229:3 231:7 228:16,16 food faulkner 289:22 flakes 248:19 275:21 filling 167:18 foregoing faust 303:14 flaking 305:21,23 173:19 223:8,9 225:22 filter 164:25 167:8,11,21 foreign 236:4 163:23 164:7,7 flame 152:24 154:17 155:15,17 fa list's filtering 15:8 174:11 forest 223:9 163:24 flammable 69:15 fax final 300:4 forget 3:9,19 4:8,19 5:7,16 6:8 24:14,15 105:5 226:9 flash 249:13 fda find 80:1781:12 forgot 191:19 74:6 98:5 194:16 234:8,8 flip 222:11 february 247:17 263:18 301:6,6 89:16 forgotten 241:22 finding flipped 157:24 federal 234:2 91:2 forklifts 37:24 38:1,11 170:12 findings floating 298:23,24 299:2,5,7,10 feed 26:8,10 28:23 32:6,7 51:15 109:7 form 32:7 119:19 103:10 234:13 flood 10:1 19:1 72:2 97:21 feeding findley 194:16 214:6,8,8 228:16,17 107:22 108:4 109:18 111:4 32:3,8 275:23 232:13,19,20,22 233:2 111:12,13 113:16 117:15 feel fine flooded 124:25 131:13 132:19 25:8 10:15 11:6 12:1 42:16 214:12 161:6 162:7 172:23 174:15 feeling 227:7 262:8 293:1 florida 199:10 177:19 138:7 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044943 [formal - guess] formal fred gene goes (cont.) 38:5 296:7,10 278:4 287:7 222:24 225:22 236:4 119:15 120:6,9,13,17 formed free 268:18 128:12 254:7 21:19,22 22:7 47:9 76:13 113:22 general going 108:19 109:3,5 111:8,18,20 frequency 24:6 26:12 27:20,22 28:19 10:8,1043:1647:2251:18 121:21 123:16 133:3,7 32:5 53:18 60:21 76:6,15 53:22 74:2 78:13 82:12 former fresh 80:5,7 108:21 139:9 160:2 87:5,5 88:9 90:7,24,25 41:12 67:24 68:1 95:20,20 156:2 167:14 174:10 181:12,14 97:11 111:18 114:16 137:10 222:6 243:7 268:25 fruit 206:19 218:7 255:3 258:3 119:24 127:13,16 130:3,5,7 formulating 304:8 301:20,22,24 130:22,23 131:25 159:7 152:19 fugitive generally 164:24 173:6 205:1 206:21 formulation 105:18 206:10 25:25 26:1,16 47:15 50:22 206:22,23 225:4,5 238:3 152:17,22 153:6,9 fuhrmeister 64:20 69:6 78:6 79:16 239:10 245:21 249:13 forth 276:4 81:10 82:2 86:11,11 98:22 266:13 268:13 274:17 305:24 full 99:14 112:5 127:2 135:8 290:14 292:20 forty 9:21 11:10 306:2 232:21 263:9 good 49:9 fulton generated 11:4,1248:1457:1765:11 forward 6:17 50:4 104:5,12,15 101:11 102:10 125:8 16:8 function george 180:25 207:12 298:19 fost 162:11 1:142:179:11,23 11:11 304:16 223:6 functional georgia gor foster 267:18 6:16 138:6 279:10 275:25 fungicide gerald gordon found 304:9 272:20 282:13,14,14,15 276:13,14 103:19 196:2 197:4 229:7 furnace ge's gotten 231:8 234:4 77:12 174:15 248:8 266:18 foundries further getting graduate 229:2 299:22,23 302:3,4,24 71:11 89:10 147:12,25 51:5 84:7 102:17 140:10 13:20 14:1,4 foundry 172:5 183:13 306:7 150:10,12 162:14 168:6 great 6:11 8:14 13:16 228:22 future 185:12 234:21,23 114:17 123:13207:6 229:1,6,13,16231:7 233:11 192:11 geyer greater 234:5,8,9 261:13,14,16,25 g 12:20 104:24 106:17 123:11 four 35:9 36:3 40:16 41:4 46:18 70:15 82:3,8,13 193:11 fours 82:14 frl 301:3 fractionating 130:19 frame 23:8 53:13 57:1 59:16,18 68:17 70:8 93:10 95:17 103:18 135:20 143:20 170:21 196:14,20 201:2 208:5 217:17 224:1 269:23 296:8 francis ga 4:6 gableman 276:11 gain 92 9 185 4 208 12 gale 63 gallon 303:12 gary 20:11 283:1 give 11:1424:1525:1 36:6 40:10 44:2 45:9 50:9 81:23 82:1 103:16 111:22 227:10 243:11 298:19 given 36:8 39:4 117:18 207:20 306:4 giving 51:2 global 207:6 gas 48:19,22 52:14 77:12 79:25 120:18 126:5,8,23 127:14 128:12 162:8 293:9,24 go 10:6 11:19 13:22 15:24 30:14,18,19 32:9 52:17 56:2 60:1 74:2 75:8 78:14 87:11,20 88:10 92:4 96:11 green 2:3 276:17,19 304:8,9 grievances 243:22 ground 98:8 146:21 151:17 groundwater 89:24 group 5:12 9:1 46:11 57:4,19 58:10,13,19,23 59:4,17,18 60:2 176:18 264:23 267:1 271:4 284:16,16 285:12 288:12 groups 22:18 278:12 282:21 296:21 276:2 frank 247:7 frankly 60:3 109:19 191:14240:11 266:19 119:21 120:6,12 123:19 130:23 gather 92:7 gc 48:22 97:7 102:11 119:6 123:3,5 guarantee 131:13 132:13 133:12 239:24 172:25 173:2 183:5 199:12 guess 232:15 244:21 249:11 27:9 36:1,6 38:3,5 51:3 266:20 267:14 302:2 56:18 65:11 66:1 80:6 goes 115:9 126:6 153:6 164:21 70:24 79:23,24 106:18 169:22 170:23 213:9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044944 [guess - hydrogen] guess (cont.) hawkins herbicide homes 265:14,16,19 266:11 277:6 33:20,21 228:9,12 271:14 277:21 288:12 haydel herman hooked 295:10 277:10 277:14 251:5 293:24 guy head hierarchy hopper 173:19 243:13,14 266:4 108:17301:10 24:19,21 264:10 272:2 277:22 284:17 285:3 health high horner h 22:23 23:5,14,21,22 24:1 10:5 13:1880:16,16,17 278:7,8 hadworth 276:23 hairs 82:13 half 83:13,16,17,24 131:8 261:5 290:14 hamlin 236:8 hand 87:5 90:24 159:7 289:23 306:11 handed 88:6 handle 190:6 218:18221:12 handled 166:6,7 175:18,22 176:6,10 219:7,10 223:24 224:17 hanging 290:17,24 hap 278:8 happen 210:20 235:10,12 happened 108:12 110:12 121:7 132:23 133:14 happening 195:19,21,23 happens 76:3 78:18 79:9 80:8,11 113:14 119:12,12 harbert 6:5 hard 64:21 82:2 255:15 harden 276:25 harris 277:2 harvey 285:16 haupt 277:4 havercroft 277:8 27:24 28:3 31:24 36:22,23 155:20 190:23 191:11,15 265:17,17,22,24 267:17 268:21 269:2 health's 191:17 hear 12:8 229:18 heard 9:9 143:2,6,11 145:19 151:15 152:14 155:7 157:18 173:22 174:4 178:15,18,25 214:13 216:16 220:22 221:3,16 222:12,15,25 226:22 227:11 246:5 249:8 252:24 252:25 256:14,18 257:2,22 269:3,20 271:16 272:21 278:5 280:10,24 281:16 298:8 heat 76:7 77:13 79:15 108:15 139:17,19 140:7,10,10,14 140:19 148:17,23 149:3,14 149:16,17,18,19,22 155:17 155:21,22 156:1 161:2,3 257:6,12,14 304:10 heaters 150:8 heating 149:5 heavens 270:6 heavier 78:25 heavy 77:25 263:16 hedworth 277:12 heinz 244:3 held 20:20 47:5 help 60:25 164:15 helped 191:7 264:14 293:25 130:11,14 189:8 272:15 294:12 higher 68:21 78:6,14 79:7,10,10 79:13,17,18 80:2,2 114:24 128:22 187:21 199:7,8 highest 196:1 232:2 highway 218:5,10,16 227:8 hill 240:24 277:16 285:25 286:6 hilliard 285:24 hills 5:5 hinton 245:4 hire 23:9 hires 30:14 historical 94:23 97:12 160:20 213:9 213:10 215:7 256:6 historically 137:13214:12217:25 235:3 history 94:9 137:17 179:14 181:13 218:19 hmm 127:25 203:8 219:2 235:6 261:1 287:15 hoc 295:23 296:6 hodges 277:18,20 hoffmann 7:3 hold 46:8,12,22 holzapfel 278:4,6 home 12:24 horse 85:23 hosmer 278:11,12 hot 220:24 hour 10:25 259:4 hourly 259:1,3,5,10 291:23 hours 2:21 41:4 house 56:7 houses 157:9 howard 272:3 278:19,21 282:19 hubbard 278:23 huge 293:12 human 26:14,15,21,23 27:7,8,11 28:3 103:15 191:11,15 294:22 hundred 130:4,6,21,22 227:11 hundreds 48:8,9 231:22 hunter 278:25 huron 5:1 7:4 9:3 husch 2:18 3:4 8:3,19 12:3 259:15 260:2 291:20,22 292:1 305:12 husch.com 3:10 hydraulic 165:24 175:6,13,16 299:7 299:17,20 300:5 hydrochloric 169:4 221:21 hydrogen 77:5,21 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044945 [hydrogenated - intertwined] hydrogenated improved indication injected 251:21 252:18 293:18 294:9 129:5 293:15 hydrogens improvement indications injuries 76:7,9,11 77:5 252:5,6 64:1 197:6 114:20 242:24 hygienist impurities individual injury 28:16 286:17 109:2 111:10 128:19,21 141:12 142:24 224:22 45:21,22 241:11 243:2 133:12 262:24 267:7 244:8,10,19 245:20 idaho 138:10,11 idea 25:1 57:2 102:11 143:17 152:6 160:9 170:25 177:15 196:15,18 226:21 231:20 identification 87:3 90:22 134:12 159:5 identified 55:23 95:19 97:18 101:3 140:13 161:24 230:3 232:3 identify 8:11 19:4 96:18 97:25 102:2,2 159:23 194:18 ii 1:142:176:2 8:79:11,23 11:11 73:20,25 145:6,12 207:15,21 265:2,7 304:20 illinois 12:18 14:5,11,12 141:5 imagine 179:11 235:11 303:8 immediately 130:19 206:22 impact 81:13 115:21 118:15 119:2 125:22,22,25 126:1 213:13 294:25 impacted 118:4 123:19 impacts 118:22 213:12 impermeable 189:19 implement 22:14 implementation 22:21 61:4 implications 92:11 import 125:21,21 important 68:17 85:2 imposed 68:19 impossible 104:23 inadequate 26:24 inappropriate 132:21 inches 189:21 incident 155:8,10,11,15201:21 incidents 67:7 incinerate 203:4 incinerated 157:11,12 incinerator 202:23 203:1 include 40:6 included 40:5 89:1,13 90:2,3 159:21 165:8 189:17 includes 65:18 including 76:25 100:17 increase 78:8,16,19 80:12 83:1 148:7 203:14 increased 58:8 increasingly 77:25 independent 29:11 index 7:12 indian 138:5 indiana 13:19 indicate 69:9 84:10 98:17 123:10 124:11 228:25 indicated 146:20 227:16 indicates 84:9 indicating 253:16 individuals input 154:21 224:16 236:2 240:6 73:8,10 91:23 243:3,4 inquire industrial 97:14 102:14 124:24 28:16 59:8 80:22 286:16 inquiry industries 121:4 125:6 146:19 6:11 8:13 248:20 inside industry 122:11 136:16 157:17 22:17,22 248:19,20 insoluble inert 108:24 109:1 169:21 installed inferior 189:1 216:13235:20 150:14 instance influence 239:25 81:11 instituted inform 148:14 204:4 22:13 197:2,15 instruct information 10:9,9 27:12 34:18,19 61:7 63:9 instructions 63:12 73:9 88:23 91:11 131:9 92:5 94:3,6 95:19 96:16 inter 102:17 111:17 125:3,8 109:6 126:2,4 133:6,9 135:19 interact 144:8,13,17 159:20 164:22 22:18 168:11 185:14 193:15,19 interchangeably 194:4 196:11,12 208:12 41:24 222:4 225:10,11,14 226:10 interest 226:20 236:2 237:23 247:8 25:7 247:15,17,23 248:7,8,10,24 interested 249:22,25 250:15 254:23 104:11,14 306:9 257:23 258:2 292:21,24 interfere 299:25 302:5,16 303:1,3,18 294:21,24 informed interference 40:24 182:14,16,17 196:25 9:18 197:1 234:20 intermediaries ingestion 224:15 155:20 intermittent ingots 132:22 108:2,3,10 109:16 124:25 intermittently 142:9 93:9 193:13 ingraham internal 246:1 66:15 inhibitor interrogatories 174:23 9:15 74:20 263:1 initial interrogatory 74:14 161:23 230:1 257:25 74:17,24 270:21 271:1 intertwined initiative 109:7 97:9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044946 [interview - know] interview issues (cont.) johannsen kearny 222:22 66:3,8,9,10,10,16,16 279:4 138:2 139:18,25 140:15 introduced 131:25 139:13,15 173:11 john keep 160:25 179:21 203:17 205:3,8,13 21:4 64:6,7 274:8 281:20 292:12 introduction 208:15 209:16 213:3 226:6 johnson keeping 86:5,9 238:8 239:20 266:14 279:6 178:15,16 intuition 269:24 296:9,12 join keller 150:13 iwic 176:4 279:16,18,22 inventory 197:5 joined kennedy 157:1,4 J 279:20 280:3 investigation 185:7 193:17 210:4 involve 37:1 45:22 114:13 205:13 208:16 238:18 239:1 jack 270:4,4 281:4,6 jackson 279:2 james joint 60:9 91:18 136:25 153:24 154:5,6,14,20,25 155:4 jones 171:9,11,13,15,18,20 kept 122:13 172:16,16237:14 key 3:15 kind 242:23 246:7 248:23 249:19,19 involved 15:15 30:7 33:6 37:7,9 39:3 61:1367:1091:21 95:5 96:19 99:3,20 121:22 129:16 139:5 141:14 143:13 152:16,17 185:5 189:23 190:12216:11,12 238:16,23 239:7 240:5 241:10 244:9,13 246:21 247:2 248:1 250:22 254:12 255:19 262:2 263:5 264:22 involvement 52:25 54:9 59:19,24 61:9 61:14 94:21 95:21 98:8 102:3 177:9 205:12 236:22 238:5,6,12,13 involving 61:1,6 132:8 139:17,19 212:10 226:1 242:23 ions 163:25 iowa 138:10 irrespective 259:22 ish 268:14 isocyanates 254:20,22 issue 10:7 61:16,18,20 62:8 66:21 179:25 190:23 207:3 issued 262:18 issues 19:14 21:23 22:24 23:14,22 23:23 25:9 36:17,21,23 45:3,7 54:16 58:7 60:25 61:2,4,5,6,11,11 65:22,23 6:13 57:8 285:10 january 16:18 44:20 65:14 209:9 241:22 258:7,16 306:18 japan 136:25 153:25 154:6 155:15 japanese 155:16,16,17,19 jarred 6:2 8:23 jerry 8:6 87:9 95:12,13 96:4,7,10 96:17,18,22 97:7,10,15,18 97:24 98:2,4,11,13 99:17 102:14,17,19 103:1,4 104:1 110:1,4 151:8 158:1,3 160:17 168:12,13,22,24 170:8 175:24 176:8,9,21,24 177:10 178:10 186:8,23 187:3 192:17 201:9 202:3,3 208:21,21 211:7 216:21,23 217:1 223:21 224:12,15,18 224:22 225:22 236:4,6,7 237:3,6 248:13 264:10 303:19 jersey 138:1,2,4 139:19,25 158:24 jesse 268:18,20 269:1 jim 8:12 9:9 90:8 282:11 jlanglais 6:20 job 11:1265:11 268:8,11 jobs 205:7 278:2 289:11 joe 9:24 173:14 223:1,2,3 224:2,5,9 224:18 225:23 236:5 279:8 jordan 2:22 8:6 279:10 305:4 306:15 joseph 3:3 8:19 joseph. nassif 3:10 journal 31:21,23 journals 31:11,13 jtaylor 6:9 judge 2:3 july 258:9,10,11,12,14,19 265:14 266:22 295:15 jump 90:7 june 260:3 justifiable 234:12__________________ k kaley 1:14 2:17 7:19,20,21,22 8:7 9:8,11,23 10:4,17,21 11:9 11:11 42:23 73:20,25 74:2 87:2 88:5,7 90:21,24,25 91:5 92:13 101:3 134:8,11 145:6,12,14 159:3,8 181:8 207:15,21,23 209:2 265:2,7 265:9 304:20 kaltenrider 279:12 kaufman 30:7 15:10,19,19,20 18:5 25:1 32:16 34:12,12 37:13 43:12 102:23 108:24 126:24 140:22 143:20 161:2 169:21,23 174:22 177:24 177:25 178:6 184:2 185:11 185:11 223:21 244:18 256:5 264:21 272:1 277:22 296:10,13,17 303:15 kinds 54:12 69:16 268:3 kleghorn 270:5,7 knew 96:14 158:2 215:12222:10 268:22 270:13,25 271:10 273:6,11 276:21 284:12,19 285:14 301:3,4,4 know 11:12,24,25 12:7 13:11,17 19:9 20:3,5,5,8,12,15,17,20 20:23 21:1,7,11,22 22:8 23:8 24:20 27:14,15,17 30:3,6,10 38:2 48:6,7 49:4 49:9 53:21 55:10,16 56:9 56:13 57:9 58:8 62:8,14,18 63:7,15,20,25 64:20 65:7,9 66:5,10,11,13,1768:23 69:5 70:4,8,15,18 71:16 72:4 74:23 75:7 78:11 82:3 82:5,11,15 83:3 85:1 86:7 88:19 89:2,10 91:1,22 97:13,25 98:7 101:15,20,24 102:9 103:6 105:8 106:8 107:23 108:10,19 109:19 110:3,18 111:9,13,19 112:4 112:13,14 114:3 115:8,25 117:9 118:9,11 121:20,21 121:25 122:3,6,7,10,21,21 122:21,22 123:12,18,21,25 124:16,17,20 125:5,7,17 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044947 [know - largely] know (cont.) know (cont.) known (cont.) landfill (cont.) 126:22 127:8,20,21 128:1,2 228:2,3,3 229:17 230:10 97:10 100:3,8 141:6 156:4 112:8,16,17,23 113:1 128:3,4 129:1,2,8 130:15 231:11,13,24 232:24 233:6 168:24 169:5 230:16 246:3 116:18 123:17 134:3,7 130:15,16 131:7,8 132:4,6 235:7,19 236:7,13 237:7,9 246:13 248:18 271:14 151:9 166:10,12,22,24 132:7,9,10,12 133:4,14,19 237:10,12,12,14,17,22,23 278:1 304:12 176:12 181:9,10,13,15,16 133:20,21,24 134:19 238:2,16,21 239:16,17,18 knows 181:17 182:10,15,17,22 135:24 136:11 137:4,10,17 239:18 240:5 241:10,17,21 168:12 183:3,8,9,12,15 185:8,12 137:20 138:22 139:7,8,8,21 241:22 242:16,18 243:16 koenig 186:11,13,14,21 187:11,20 140:23 141:17 142:8,22 243:18 244:5,7,16,18,20 280:5 187:24 188:4,15,17,23 143:1,9,15,19,19,22,23,25 245:8,21,25 247:9,20 248:1 korea 189:17,24 190:2,4,4,18,21 144:19,20,22,23 145:1,2 248:12 249:8,11,14,16 18:20 192:23,24 193:1,5,16 194:3 146:1,3,6,17,24 147:1,6,16 250:3,5,16,25,25 252:11,20 kountz 194:5 200:23 201:1,11 147:21 148:4,9,12 150:4,13 253:1,4,25 254:3,10 255:11 280:7 202:1,4,6,9,10,23 203:25 150:22 151:21,21,23,23 255:14,18,21,23 256:3 krummrich 204:12,25 207:24 208:1,13 152:10,20,24 153:8,9 154:3 257:1,22 258:5 261:10 135:24 141:6 153:10,10,11 208:20215:1,12 218:12,13 154:8,9 155:3,4,5,25 262:16,17,20,25 263:19 157:14 278:8,10 218:15219:9,17,24 220:8 156:20,21 157:7,13,21,22 264:19,19,21,23 265:11 kuhn landfilled 157:23 158:9,22 160:7,21 266:10,10,13,16,23 267:1,3 280:9___________________ 124:6 161:12 162:6,10,22,22,24 267:25 268:2,2,4,6,8,15,18 I landfills 163:16 164:3,5,6,15,16,20 268:24 269:1,8,9,10,12,18 112:2,11 164:10,10 166:18 164:22 165:4,13 166:5,6,15 166:19 167:7,18,20,25 168:3,5,7,11,19,20,20,22 168:25 169:13,20 170:3,9 170:16,23 171:4,5,13,22,23 171:24 172:5 173:22,24 174:6,8 175:4,8,10,16,18 175:24 176:13,16,18,20,24 177:2,19 178:3,5,6,8,9,9,12 178:14,19,22,25 179:1,4,6 179:24 180:7,24 182:2,11 182:14,17,21 183:17,19,22 183:23 184:12,12,15,24,25 185:3 186:20,25 188:1,5,9 188:10,13,14,16,19,21 189:12,21 190:10 191:13 193:4 194:6,7,23 195:15,23 196:5,18,21,22,24,25 198:5 198:13 199:16,17,21,22 200:6 201:5,7,8,8,20,23 202:2,3,17 203:11,16,22,23 203:24 204:1,2,7,10,24 205:1,10 206:20 208:10,14 208:23 209:13 210:13,20 210:24,25 211:2,4,6,8,9,10 211:11,12,15,17,18,21 212:19213:16,19,21 214:5 214:11,13,15,19215:2,3,3 215:15,23 216:1,7,12,19,20 216:23,24,24 217:12,25 218:3,8,20,21 219:3,3,7,12 219:18,21 220:9,10,10,15 220:17,18,22 221:6,7,7,8 221:10 222:2,5,12,14,24 223:2 224:3,7,8,13,14,20 225:1,6 226:14,19 227:8,14 269:19,21,24 270:8,9,13,25 270:25 271:6,7,9,12,17,20 271:21,25 272:4,13,21,22 273:11 274:11,14,16 275:18 276:8,16,20,22 277:20 278:6 279:22 280:1 280:10,25 281:9,16 282:5,8 282:16,22,23,25 283:2 284:13,19,21,23 285:13,14 285:14 286:3,6,8,9 287:21 289:15,25 290:5,6 291:7 292:15,22,24,24 294:15,16 294:22 295:13,14,23 296:8 296:11,16 297:13,21,23,23 298:6,22 299:4,6 300:1,2,7 300:21,22 301:7,10 302:24 303:4,10,15,17,20,23 knowing 10:10 104:11,15 300:20 knowledge 16:24 96:10 110:20,22 113:12 131:21 140:21 142:15 145:18 150:21 152:7,11 161:24 165:11 168:18,23 170:6 175:20 176:2 192:15 205:5 213:2,8 227:7 228:1 230:4,9,11 233:8 234:3 235:2 236:11 246:24 255:24 256:20 257:20 258:1,5 knowledgeable 97:11 125:18 160:19 168:14 187:8 192:20 216:21 246:9 known 23:4 27:7,10 44:11 75:25 ll-P3:14 lab 15:15 131:7 278:9 289:13 label 87:17 91:5 labeled 87:16 90:1 134:15 labeling 265:21,25 laboratories 55:19 56:4,6,9,17 59:9,11 laboratory 50:4 55:15,16 58:1,3 60:6 99:6 151:3 157:2,9 264:12 289:22 labs 15:16 lack 51:3 lackey 269:8 lahman 280:12 lake 238:20 239:3,21 240:13,14 240:15,16,17 lamp 158:20 lampblack 158:4,8,11,20,22 land 123:17 181:21,22 182:13 186:13 189:11 204:17 215:18,19,22 landfill 67:24,24 68:1 82:25 99:7 166:20 186:15 187:9 188:11,12,13 192:22 201:22 202:10,21 203:19 204:19 landowner 239:2 landowners 238:19 239:20 landwehr 280:14 lane 12:20 langdon 280:17 langlais 6:13 7:14 8:12,12,22 9:8,9 9:20 10:12,16,24 11:3,7,8 19:2 40:13 42:11,22 43:19 43:23 72:3,7 73:18 74:1 86:24 87:4,12,15,22 88:4 90:6,23 92:3 97:22 101:6 101:11 110:8 117:21 131:15 134:8,13,17 141:25 142:3 145:4,13 159:6,11 173:1 181:1,7 199:14207:9 207:13,22 232:18 262:7,9 264:25 278:18 292:11,17 293:1,2 298:16,18,21 304:16 lanier 280:19 large 124:10,12,16,17 206:21 largely 17:11 19:11 23:1235:1 161:13251:14 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044948 [larger - litigation] larger lead (cont.) learn levels (cont.) 302:17,20 304:10 110:5 111:4,8,10,13,25 40:14 125:19,19 186:5 198:23 199:7,8 200:15,16 largest 112:4,16,17,18,19,22,25 299:24 200:18206:25212:14,16 232:7 113:13,16,17,18 114:8,11 learned 212:18 213:25 214:2 243:4 larkin 114:20,23 115:10,13,14,22 103:7 208:14 263:18,23,25 280:21 116:5,8,10,14,16,18 117:3 leave liability lasted 117:4,13,13,14,24,25 118:1 17:19 200:1 296:15 83:3 118:2,3,4,12,12,20,22 leaving libraries late 119:7,10 120:6,7,16,17,19 19:23 121:16 197:22 256:6 22:4 92:24 93:6 101:19 120:21,21,24,25 121:5,6,8 198:11,14200:17233:3 license 156:25 165:5,15 169:16 121:10,11,12,14,15,16,16 258:7 303:6 306:18 193:3 194:11 195:18 197:4 121:22 122:2,4,5,7,11,16 led life 200:16 206:9 208:1 231:16 122:18 123:1,1,1,3,4,6,10 160:17 83:13,16,17,24 268:23 294:11,15 296:3 123:15,22,23,25 124:4,4,9 left likelihood laughter 124:11,12,13,22,24,25 17:20 120:19 145:15 157:4 10:6 32:12 62:2 65:25 125:1,14,18,23 126:5,7,11 169:14221:13231:18 limestone lavey 126:11,13 127:4,5,13,14,24 265:13,14 266:17 151:18 152:4 169:11,14 3:13 8:17,17 90:7,14 92:2 128:12,17,24 129:3,7,14,17 leftover limitation 101:9 110:25 265:8 304:18 130:6,20,21 132:11,16,17 221:11 11:1 law 132:17,18 133:16,18,18,21 legacy limited 5:12 8:25 245:10 259:15 133:25 135:16,21 142:4,8 66:17 173:5 54:15 137:14 154:24 lawful 143:3,8,12,13,16,18 144:9 legal 156:13 9:12 144:13,24 145:14 146:6,11 8:5 232:15 limiting lawsuit 146:14,18,21,22 147:2,20 legitimate 136:15,15 154:18 18:21 34:12,24 35:19 40:15 148:5,8,19,23 149:2,3,11 112:20 190:14 limits 74:9,15,18 141:9,11,14,17 149:17,18 150:5,21,24,24 leisy 146:15295:1 141:21 238:4,13,16 244:1 150:25,25 151:1,2,19,20 280:23,24 lindbergh lawsuits 159:20 160:18,24 163:12 leitman 12:23,25 13:2 35:25 37:9 39:5 45:19,21 179:9 180:16,22 193:8 4:13 line 141:4 238:3 210:2 211:4,16225:10 letter 56:5 76:24 130:24 171:3 lay 229:20,22 246:7,21 247:2,8 41:9,13 42:4,5,7 73:13 86:4 205:21 206:12 246:15 240:13,15,17 247:9,10,15 248:1,9,23 87:16 88:16,19,22 89:17 248:15 266:12 267:18 layout 249:20 250:22 251:12 90:19 91:4 93:1,22 94:1,7 lined 64:17 135:9 252:13 254:13 263:2,3,11 95:18,24 98:16 101:2 151:2 leachates 263:12 297:3,4,7,21,22,25 102:19,21,24 103:11 104:1 lines 113:1 298:1,4,9,12,14 104:3 105:3,25 106:18 25:15 54:19 189:8,8 leached leader 118:19 125:12,21 142:6 liquid 112:23 46:11 57:4,19 58:19,24 193:12 209:1,1,4,7,12,20 79:23,25 120:12,18,19,21 leaching 59:17,19 60:2 271:4 284:16 209:21,24 210:5,7,12,14 121:5 126:15,20 177:24,25 199:20,21 leading letting list lead 10:1 61:22 62:4,7 70:23 157:7 94:19,23,23,24 95:3,3 41:11,14,17 73:9,11,14 114:22 187:22 200:10 level 99:15,16 103:17 85:24 86:1,12 88:23 89:24 232:9 234:21,24 25:12 50:19 61:1 68:22 listed 91:11 92:5,9,18 93:5 94:10 leads 78:3 84:19 116:3 117:8 74:20,21,24 277:24 94:10,17,21,25 95:4,11,14 151:25 180:13 118:3 123:5 199:18265:10 litchfield 95:16,22 96:8,11,13,13,20 lead's 266:6,7,8 279:20 12:18 96:23 97:8,16,19 98:1,5,9 105:7 levels literally 98:14,19,22,24 99:4,5,11 leafing 22:10 32:8,22 50:10 54:14 123:5 127:19,20 301:13 99:20,24 100:15,19,20,22 89:8 68:3,4,5,12,22,25 69:1 literature 101:13 102:4,13 103:22,24 leaked 71:20 78:7,8 106:22 107:11 23:4 26:13 27:24 28:25 104:5,6,13,16,20,23 105:4 155:18 114:23 115:14,22 118:10 29:7,13,16 32:17 38:23,24 105:6,12,12,14 106:1,5,6,8 leaks 119:2 121:9 123:19 125:13 66:18 106:11,12,13,14,16,22,23 140:19 125:23 140:22,25,25 144:9 litigation 107:2,2,4,5,11,15,22,22 lean 151:20 155:1 185:13 18:16,20 34:21 37:4,13 108:12,13,18,19,20 109:1,5 266:16,18 187:19,21 191:15,19,19 39:3 45:14 66:9 141:22 109:5,6,8,13,16,17,18 194:18,24 196:19 197:8 143:12259:16 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044949 [litigations - marked] litigations looked (cont.) lynette manager (cont.) 258:23 230:13 247:20,21 261:21 4:2 9:4 171:19 172:4 173:14 little looking lynette.smith 211:11 217:2,4,10,11 31:12 43:5 59:6 68:11,21 50:7 57:23 99:14 137:22 4:9 223:19 224:10 237:5,24,25 82:13 84:21,22 95:1 126:8 207:9 225:7 294:10 295:9 lynne 265:19,21 266:1,2 267:8 178:1 183:13 295:10 298:16 4:128:15 268:22,25 270:14 273:8 lives looks m 277:24 279:19 296:9 236:7 274:14 living 287:21,25 lie 2:19 3:4 305:12 lloyd 272:12 Up 4:3 6:14 7:3 lobbying 25:18,22 local 207:6 234:25 locally 220:16 located 84:11 138:21 214:6 240:15 location 55:9 82:17 177:13 locations 137:19,21 260:23 logan 238:20 239:3 240:16 logs 237:15,18,20 lombardi 7:3 long 5:3 19:16 20:20 41:3,4 44:19 46:3,8,16,22 47:12 83:4,7 154:5,6 156:18 160:8 164:3 182:20,20 193:1 212:5,5 242:8 256:2 259:5,5 260:1 262:13,14 268:15 295:23 longer 17:16 53:8 156:23,23 218:14 278:14 look 85:25 86:6,8 87:8 88:13 90:25 98:18 101:25 112:7 123:23 124:8 134:18 135:11,12 157:19 159:12 179:13,20 225:19 246:25 247:5,13,18,25 248:2,4 300:19 looked 92:13 95:2 99:16 105:3 144:14 159:24 184:2 229:6 losing 195:2 loss 122:19 losses 121:12 123:2,11,13,22 124:1,10 179:22 196:6,16 197:2,10,16213:5 lost 123:1 124:13 251:22 255:16,16 lot 11:1950:3 88:18 126:12 185:9 188:10,13 267:4 293:13,25 294:18,23,25 300:5 lots 138:9 255:21 louis 2:20 3:6 12:21 20:16 50:3 54:6 56:2,24 60:17 64:10 142:24 143:13 171:21 172:6,16,16 175:9 255:13 255:17 268:24 269:13,13 269:14 271:5 274:15 275:15 276:16,19 278:13 280:25 282:21 285:1,2,3,12 286:1,17 287:16,23 289:9 295:16 305:3,13 306:12 louisiana 137:24 low 68:15,16 80:8,17 130:22 187:19 194:18 199:18 lower 79:2 114:24 195:25 lowly 81:18 lsppc.com 4:20 luckily 100:21 luling 137:24 lump 259:18 luncheon 145:9 macdonald 281:2 magistrate 2:3 magnitude 68:24 main 180:22 maintain 38:14 39:12 130:23 237:20 maintained 66:18 130:23 255:13,17,18 256:4,7 295:15 maintaining 227:23 maintenance 144:21 177:7 major 24:3 26:7 28:22 32:5,7 majority 69:17 making 49:15 53:8,15 71:13,20 80:25 105:2 153:11 176:5 197:18 304:3 malfunction 132:11 malfunctions 133:3 mall 192:7 malloy 281:4,6,9 man 69:7 168:23 268:12 275:19 279:22 282:16 284:23 286:9 287:18 manag 266:1 manage 183:2 management 24:1741:1060:10 173:9 192:13,16 236:11,15,23 237:3 238:24 272:4 282:20 288:11 manager 20:18 46:20 60:12,19 61:8 64:4,12,24 101:15,22 managerial 172:10,13 managers 266:15 267:8,15 manages 25:12 manganese 246:4,11,18 manmade 69:4,12 manner 108:17 manual 256:2 manufacture 22:2 81:20 95:21 135:25 136:3,3,6 147:21 152:16,18 161:16 162:5 211:24 250:25 252:13,16 manufactured 55:21 136:21,23,24 137:2 138:13,16 153:22 155:17 156:5,12 202:17 217:19,21 217:24 250:16251:6,9,11 253:2,8,9 254:10,18 282:4 282:5 manufacturer 155:16 156:15302:10 manufacturers 17:11 manufacturing 71:24 82:20 89:19,20 92:8 92:24 93:12,17 96:2 129:22 132:25 136:17 137:15 161:25216:14217:15 218:2 227:25 231:15,17 267:16 map 134:14,15,18291:7 mappes 20:11,12,24 march 47:25 48:4 290:21,22 marginally 185:5 mark 90:25 134:8 marked 86:24 87:2,6 88:6 90:21 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044950 [marked - minckler] marked (cont.) maximum mean (cont.) 91:5 101:7 134:11 159:4,7 130:20 144:6 254:18 255:21 256:1 170:2 209:1 maynard 262:24 263:19 267:23 market 6:3 268:9,10 269:13 286:6 165:21 257:18 mcadam 291:12294:10295:11 marketed 5:11 8:25,25 297:14,16,23,24 300:1,3 221:23 mccarty 301:12,13 302:15,21 marketing 281:18 meaning 153:13 272:1,23 mccarville 26:22 214:9 254:1 marking 64:8 65:2,4 means 134:14,15 mcclain 72:5 78:23 169:21 298:6 mars 281:20 meant 240:24 mccluskey 17:24 18:2 19:9 43:13 martin 282:9 253:25 54:1 238:20 239:3 240:16 mcgee measurable 275:12,13,17,18,19 282:11 114:7 118:21 marvin mcglaw.com measure 283:15 6:9 53:22 196:13 mashek mckaig measured 281:11 239:15,19 240:1,1 129:8 183:11 mason mcmahon measurement 281:13 7:3,9 9:7 197:7 210:22,23,23 mass mcwane measurements 52:14 59:12 293:24 294:8 1:6 2:10 6:1 8:8,24 116:14 118:4,20 129:10 massachusetts mdhl.net measures 138:5 7:9 203:24 204:9 massey mead mechanism 242:17 3:128:18 22:17 162:9,10,11 205:2 master's mean 235:11 14:7,10,22 15:11 19:9 20:1 23:25 34:3 38:3,3 mechanisms material 38:23 49:7 50:24,25 53:19 198:8 58:4 82:25 100:25 109:5 53:21 54:21,22 56:19 66:10 media 120:19 122:10 151:7,9 66:14 68:24 69:11 72:12 58:5 62:22 67:18,20 163:22 166:7 167:6,16 73:7 77:20,23 78:2,22,24 medias 169:9 176:11,13 177:24 80:6 83:1,15 85:19,19,21 51:22 178:1 182:9,18 184:4,7 86:21 91:5 92:2 97:10 medical 193:4,8 203:7,9 221:11 101:18 102:24 105:19 28:9 31:10 286:17 228:23 229:5 302:8 106:9 113:24 117:1,2,19,22 meet materials 121:7 122:19 123:12,25 56:20 75:24 95:6 99:7 108:24,25 126:25 128:24 137:3 138:7 meeting 142:25 164:1 166:10,24 138:18,22 139:6,7 147:13 40:19,21,23 41:1,3 225:25 174:15 183:10,11,16 184:2 149:10,11,23 150:6 151:11 meetings 193:6 202:20 218:12 229:2 152:3 154:14,15 156:8,10 17:2 38:4 66:19 225:21 233:20 252:14 289:13 160:3,5 164:16 166:19,24 melt 294:24 303:1 169:20 172:3,3,9,9,13,14 108:16 109:17 111:4,11 mather 172:18 174:16 175:23 142:4 220:24 281:15 179:1,2,4,4 180:11 190:20 melted matrices 191:22 192:5 194:9 195:8,9 113:13,18 119:7 49:4 154:16 195:13 196:1 202:15 204:1 melting matrix 204:2,3 205:6,11,12 206:19 78:11 79:17,18,21,22 83:4,24 84:3 206:20 209:15 213:6 217:4 100:22 105:9,12 108:18 matter 217:8 218:10219:9,13 109:11,12 111:8,13,18 149:19 151:22 154:18 221:19 224:12 228:21 130:8 matters 229:5 230:10,12,13 239:9 melts 171:8 172:7,18 223:25 239:16 243:6 249:8 250:7 130:2 224:18 238:21 296:15 251:12 252:9,15 253:6 member 17:13 22:14 30:19,20 membered 75:18 members 13:12,1522:14,17 memory 293:12 mention 38:17 270:4 mentioned 25:25 54:20 61:12 84:20 98:6 138:12,15 150:23 208:25 223:6 242:4,6 274:8 301:15 mercury 211:19,20,23 212:8,11,14 212:19,23 213:5,11,14,17 213:22,24 228:5 263:22 merry 289:24 met 226:2 metal 130:2 166:7 204:21,23 221:5 237:8,11 metals 7:1 211:1,5 263:16 264:2,4 300:6 methane 254:20 method 294:1 methods 195:15 196:13293:3,8,10 303:11 mi 5:5 mid 19:20 83:9 181:16 182:8,24 200:14201:18261:11 293:18 294:5,15 middle 271:1 mieure 57:8,9,12,13,16 migrate 72:9 miller 282:13,14,14,15,16 million 68:18 294:12 millions 231:18 minckler 282:19,22 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044951 [mind - necessary] mind molecules monsanto (cont.) mute 39:9 68:16 81:2 95:4 103:2 82:18 244:1,3,15,22 245:4,11,15 9:17____________________ 149:21,23 168:13,18 201:17251:19305:16 mine 248:16 256:3 minimal 206:8 minimize 154:12 mining 179:3 minor 24:13 31:8 73:8 75:12 139:13,15 161:12214:19 214:21 minute 42:12,15 minutes 74:3 142:2 misoriented 90:4 misread 257:25 missing 89:7,9,11 90:4 missionary 240:24 mississippi 45:14,18 missouri 2:20,24 8:4 12:21 33:23 305:1,5,13 306:12,17 misspoke 58:20 mistake 90:12 mix 85:3 mixed 161:3 mixtures 76:25 85:5 174:21 mm 127:25 188:1 203:8 219:2 235:6 261:1 287:15 mo 3:6 mobility 71:21 modeling 115:3,6 modifications 147:5 molecule 84:25 molten 245:24 246:1 255:25 256:5 n 100:19,20 117:13,14 119:7 119:9,10 120:15,17 123:3 146:21 167:16 moment 87:8 134:18 money 259:22 monoammonium 250:4 monocalcium 252:19 monsanto 8:20 13:6,13 15:25 16:14 16:17,25 17:6,13,17,19,20 18:6,9,10,14 19:23 20:13 21:5 30:25 32:15 33:1,5,19 34:9,10,17,21,24 35:8,10 35:14 36:11,14 37:5,9 38:1839:341:11,1242:8 43:12,13,25 44:7,10,11,12 44:14 46:1 48:18 49:15 51:2,18,20,24 52:3,19 53:14 54:19 56:6 59:13 63:3,20,23 65:19 66:14 67:12,16,17,20,23 68:1 70:23 71:1,7 73:6,7,15 74:4 74:13 75:9 76:23 81:19 84:8 99:23 102:1,2,7 111:24 112:11 115:2 116:9 116:10 117:24 121:4 123:9 124:10 135:4,22 136:12,15 136:16,20 137:16,18 139:2 139:10 141:23 142:13 143:15 153:21 154:17 155:16,23 156:4,15,17,22 156:25 158:19,23 169:13 174:24 177:13,16 178:15 179:6,24 181:21 182:14,24 182:25 183:5 184:13,19,22 185:7,17,18,18 186:10 187:3 189:9,11 191:5,10,21 191:24,25 192:21 193:20 194:2,3,7,13 196:15,25 197:1,6,9,15 198:10,13 200:22 201:1 202:13,19 203:17,24 204:13 205:15 208:4 210:3 215:6,15 216:13217:14220:11 223:9,10 229:23 230:18 232:11,25 233:4 234:19 236:25 238:10,24 239:7,13 239:15 240:10,12,25 241:8 242:8,12,15,17,19 243:8,23 256:7 258:7,21 260:5,19,23 262:13,14 272:14 275:22 276:15 281:22 288:11 289:11,16 292:1,4 295:3,16 295:23 296:5,15 300:10,13 300:16 302:1 303:2,22 304:1 monsanto's 36:22 72:23 141:5 158:7 161:22 178:22 180:1 225:7 227:17 235:22 237:7 240:18 montar 146:3 170:2 montars 145:20,22 146:6,9 152:12 169:22 220:12,15,18 month 71:16 88:15 259:21,24 monthly 259:19,20 262:11,15 months 34:7 35:5 98:15 259:7,7,8 295:25 moody 282:24 moore 244:15 283:1 morning 57:17 227:19 245:14 301:19 morphed 296:7 move 71:25 72:5 156:9 230:11,15 230:16 moved 135:19 198:6,7 218:12 299:4 movement 71:1072:13 moving 212:12 mullendore 283:7 multiple 152:1 mundy 283:3 muriatic 169:5 221:21 mustn't 116:10 117:25 n.w 5:13 nagel 283:9 name 8:5 9:9,21 11:10 20:10 21:1 21:3 47:17 74:21 76:22 143:5 155:6 222:9,15,25 224:16 243:14 247:3,25 269:9,20 270:4,13,22 271:16272:4,13,21 273:12 278:5 280:10,24 281:16 282:8 283:9 285:15 286:21 288:4 289:8 300:14,15 named 137:9 173:19243:14 257:14270:16,17276:18 names 97:13 98:6 103:5 222:12 243:11,20 246:23 292:16 nassif 3:3 8:19,19 10:3,13,23 11:6 12:3 19:1 40:8,10,20 42:13 42:16 43:18,21 72:2,4 97:21 110:6,23 117:15 131:12 132:19 172:23,25 199:10207:10232:14 278:15,17 292:14,18 national 143:3,13,16 nationsbank 4:4 natural 69:19 naturally 69:4,15 nature 22:12 77:17 83:14 166:8 237:21 near 24:23 67:18 228:15 236:9 261:10 nearly 293:20 necessarily 51:24 85:17 93:23 103:9 104:8 125:10 127:15 135:6 152:18 176:2 195:11 196:4 198:5 199:13,17 212:16,18 226:12 230:6 232:4 266:17 297:15 necessary 121:9 149:4 Kaley, Robert Ph. D. MCWANE WATER PCB-SD0000044952 [need - open] need norville obviously (cont.) okay (cont.) 11:23,25 42:13 85:22 88:5 243:14 126:23 129:9 137:4 148:17 50:6 51:11,17 52:2 53:14 124:12 262:7 notarial 150:7 172:3 196:1 201:21 53:24 54:24 55:14,18 56:14 needed 306:11 207:4 278:2 294:19 57:3 58:13,21 59:1761:11 56:1,1 157:7 165:13 289:22 notary occasion 62:11,21 67:6 69:8 70:7 289:22 2:23 305:4 179:23 73:18 75:6 76:21 79:2,5 nelson noted occasionally 80:1 83:9 84:14 87:7 88:11 242:12 93:22 271:3 56:8 173:14 176:16 89:2,5,16,22 90:6 91:3 97:7 nethercott notice occasions 98:3 101:5,6 102:23 103:1 283:11 190:23 305:8 19:13 33:12 48:5 104:18 105:20 107:9 109:4 neural notified occupational 110:11 111:3,7,16 112:3,6 26:4 28:18 184:15 197:6 31:24 113:11,21 116:25 119:3,15 neurodevelopmental notify occur 119:19 122:4,24 126:19,21 24:2 29:1 30:8 197:9,12 92:19 149:8 179:11 126:24 129:17 134:22,23 neutralized noting occurred 135:11 137:13 140:5,18,24 169:11 93:25 93:5 109:9,11 135:17 141:14 142:18 143:24 new november 141:17 157:16,16 165:4 144:5 145:4 148:25 154:23 45:11,18 138:1,2,3 139:19 12:16 182:3,13 187:5 189:25 155:14 160:10 162:16 139:25 156:3 158:24 165:7 npdes 296:24 165:19 169:9 171:1 172:2 newly 210:16,19211:9,13 occurring 181:25 186:2 192:15 47:9 number 69:4 149:25 180:14 195:22 204:23 205:23 206:12 newport 8:10 23:2,20 25:4 39:9 48:7 195:24 197:21 199:1,2,20 207:13209:12,14213:8 136:23 153:24 154:1 49:4 61:7 68:8 73:19,24 199:22 206:10 217:9 221:25 223:12 224:8 newspaper 78:2 84:14,16 85:3 88:7 o'clock 225:7 226:9 227:13 230:21 143:14 90:25 91:5 126:10 145:5,11 304:18 231:3 232:16 238:5,9 nineteen 147:14 168:25 195:13,15 October 239:11,18 244:11,25 44:11 207:14,20 231:21,21,24 87:16 88:17,18 306:12 245:22 251:24 252:19 nineties 232:1,2 244:13 262:1 265:1 office 257:20 258:16,17,19261:3 19:20 83:9 199:1 265:6,19 142:24 295:16 263:24 269:16 271:5 nods numbers offices 275:21 276:11 290:1 108:17 68:20 84:9 89:4 2:18 8:3 269:14 290:18 292:17 302:14 non nunnelly 305:12 old 24:1 26:3 27:19 35:6 55:5 283:15 official 47:12 65:7 243:19 268:12 58:5 69:12 109:5,5 172:13 nwv 95:1 204:16 270:9 274:16 275:18 257:19 101:7 offsite 279:22 281:1 282:16 noncarcinogenic 27:24 nondetectable 200:21 nonelectrical 153:14,18 300:11 nonexclusive 259:14 normal 16:22 232:5 normally 263:18 norris 283:13 north 4:14 6:4 13:2 northeast 4:5 o 114:8,13,18,20 202:13,18 284:23 286:9 287:18 304:7 oath 3812 oaths 305:6 object 19:1 72:2 97:21 117:15 13T12 12 13 13219 172:23 199:10,11 objection 10:8 11:440:8,11 110:6,23 232:14 objections 9:25 10:15 12:8 306:1 objective 26:13 27:23 28:24 29:6,19 30:14 ogden older 30:6 255:14 oh olson 3:17 7:5 140:3 148:22 283:19 162:6 200:3 209:11 220:22 once 224:7 244:7 245:16 253:14 64:15,1586:13 113:13 257:24 270:6 271:5,23 126:5 133:10,10,10 186:13 301:9 304:2 252:20 296:8 ohl o'neal 214:15 4:128:15,15298:17 oil o'neil 155:18 299:17 283:17 okay ones 9:8 11:7,17 15:1 16:10 19:8 30:5,8 81:17 138:8 228:15 21:14 24:15 25:16,22,25 240:7 242:4,6 247:21 27:15 28:22 30:20 31:18 255:14 261:9 262:3 277:23 32:21 34:12,19,23 35:2,14 ongoing northern 2:2 8:9 305:10 234:13,14 obviously 39:25 82:25 105:25 117:3 35:23 36:20 37:11,14,17 18:19 38:9 39:4 42:16 43:1,18,19 open 43:21,24 44:16 47:2 48:25 117:12,12 157:17,19,22 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044953 [open - pcbs] open (cont.) outage panel (cont.) party 263:15 298:8 38:8 34:11 35:6,8 opened outcome panels passes 117:4 127:22 244:16,23 25:3,4,5,6 126:8 128:12,17 operate outcomes panel's pattern 170:4 193:1 35:22,23 22:13 107:7 operated outfalls pants patterns 130:14,16,20 193:2 89:24 66:13 114:22 194:15 230:24 operating outflow papageorge paul 117:3 148:8 207:24 263:14 197:8 101:10,12,13,19,23 296:9 271:19,20,21,25 277:18 operation outline paper 286:24 144:1 227:18 82:1 15:11 203:2 304:8,9 paulsboro operations outrider parameter 138:4 13:16 97:12 115:17 152:23 195:11 210:22,23 pause 152:24 outside parameters 73:22 207:17 298:20 operators 16:22 17:1 45:5 56:6,9,24 170:11 210:20,25 211:16 pave 131:17 69:11,12,12 136:13 153:21 294:25 221:2 opinion 256:8,10 291:4 292:5 paranitrophenol payment 28:5 ovens 254:4 259:20 opportunity 130:9 parathion payments 10:17 30:22 96:14 overnight 216:2,7 260:5 opposed 292:19 park payne 103:23 105:21 294:4 overseas 192:9 4:13 301:18 302:10 136:17 138:17 parkway payton optimum oversize 5:4 240:12 100:23 134:14,15 part pcb oral owens 50:4 68:18 84:16 103:10 18:24 19:5,12,14 22:3 38:7 9:15 16:16 242:19 244:4,6,12,14 104:6 108:18 121:6 128:5 45:3,7,19 55:5 58:4,5,7 orange owner 129:13 140:10 147:22 59:15 61:2 65:22,23 66:3 18:16 181:23 182:21 154:20,25 163:19 166:1 66:16 69:12 71:20 77:1,22 orchard oxford 168:21 169:3 191:22 80:3 83:11 85:15 91:14 138:5 192:9 199:11 200:20 221:25 138:20 139:3,10 140:12,12 order P 225:13 226:7 234:7 239:5 152:17 153:2,6,16,17 155:1 289:12 ordering 142:25 orders 68:24 organic 14:20,23 15:2 75:17 organization 17:10 55:11 59:6 160:9 163:9 266:16 267:16 296:7 297:10 organizational 159:15 160:2 295:3 organizations p.c. 4 13 5 12 63 p.m. 2:21 145:7,11 181:3,6 207:16,20 265:3,6 304:21 30422 packaged 303 10 packaging 1651 packed 293 10 294 4 page QOQ 256:9 260:10 291:24 156:3,19 160:22 166:21 294:12,12 295:16 303:14 167:5 169:3,23 176:6,25 participate 178:12,23 179:7,14,22,25 77:15 149:11 173:9 182:9 185:9 191:21 192:1 particles 194:21 196:15 197:10,16 126:11 203:4 206:16,16,25 207:2 particular 220:3 225:11,14 226:6,10 15:16 39:14 56:5 62:9 226:19,19 232:8 238:8 68:22 78:12 82:18 83:22,23 243:4 257:7,11,13,19 83:24 84:19 86:22 146:17 269:24 296:4,9,12 302:2,8 150:2 160:8 161:6 162:24 303:9 177:20 183:18 192:3 pcbs 212:13 225:2 247:25 14:17 16:21,25 21:24 22:7 259:24 294:19 301:5 22:11,24 23:5,22 24:1 25:4 55:12 295:12 296:12 originated 76:22 osha 22:6,12 27:13 oshi 155:10 ought 255:23 pages 30523 paid 18:10 258:24 259:10,17,17 259:19 260:10,12,13,15 291:13,16,19 panel 19:12,17,22 20:6 21:8,19 21:22 22:7,23 23:15,20 particularly 20:4 47:18 particulates 126:14,14 parties 34:17,22 306:8,10 parts 105:15 202:2,5,8 294:14,15 294:15,17 25:19,21,23 26:14,15,20,21 27:13,25,25 28:4 29:1,12 31:9 32:4,8,8,22 33:6,15,18 36:24 37:19 38:15,21 45:23 48:20 49:16,20 50:8,14,15 50:17,19 51:4,9,12 53:7,8 53:15,16,22 54:14,16,25 59:14 61:1,7,21 62:11,23 63:3,7,14,18 66:7,21,25 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044954 [pcbs - plant] pcbs (cont.) people (cont.) personal phosphoric 67:3,11 69:3,3,10,13,15,17 188:6 196:3 226:1 243:5 38:14 45:21,22 110:21 248:18 249:4,9,17 250:8 69:19,25 70:16 71:2,7,7,13 262:1 265:19 266:8,13,25 113:12 131:21 161:24 252:21 253:7 71:20,22,24,25 72:8 73:2 267:6,17 269:3 278:2 176:2 205:5 230:8,10 234:3 phosphorus 75:15,21,24 76:17,18,25 303:25 304:4 241:11 242:23 243:2 244:8 246:16 248:25 249:1 77:25 79:6,7,14 80:8,15,25 people's 244:10,19 245:19 photographs 81:5,8,14,15,20,24 82:19 155:1 290:24 personally 157:20 163:5,7,10 183:17 82:22,24 83:13,20 84:3 perceive 114:15 177:1 184:9 193:18 290:2,7,9,12,16,23 295:21 85:10,14 136:3,6,17,21 123:11,13 234:18 260:22 physical 137:14 138:16,23 139:6,22 percent personnel 78:13 140:17 141:1,23 152:16,18 58:7 85:21 95:8 103:17 physician 152:19 153:11,22 154:2,10 percentage persons 222:20 154:15,19,21,24 155:17 300:7 74:25 96:18 physician's 156:5,12,15,17,19,24 160:4 percentages person's 222:21 161:6,16 162:7 163:23 222:2 20:1021:3 pick 164:8 165:17,23 166:17,25 perfect peruses 236:6 167:5 168:15,21 169:16,19 130:11 132:14,15,16,20 134:20 159:9 pie 173:5,12 174:14,17 175:7 perfectly peterson 27:7 176:5 177:12,18 178:17 122:15 283:23 pipe 180:4,5,7,9,11,13 182:9,15 perform ph 6:11 8:14 183:10,25 184:17 187:11 52:6 113:3 216:11 pipes 187:15,19 189:2 191:12,16 performed ph.d. 298:14 194:8,14,18,20 196:5,13 32:1841:1486:1 95:13 14:6,8 15:1,4,16 16:3,5 piping 197:3,18,22 198:2,8,20 113:9,10212:3,6 229:11 pharm 150:25,25 200:5,17 202:17 203:10,13 perimeter 291:13 place 204:13,16,17,19 205:2,4,8 116:9 Pharmacia 12:17 77:7 136:11 165:1,9 205:18 206:5 207:5 210:23 period 8:20 43:6,8,13 44:1 73:7 190:8 201:14,15,18218:22 217:18 219:5 225:24 226:4 41:20 48:15 86:23 136:24 74:14 139:3 258:21 259:16 218:24 224:9 233:24 228:8 229:2,6,12 230:4,11 165:22 193:11 202:23 260:23 291:11,12,13 292:4 248:14 230:15,18,22,25 231:5,7,15 207:24 223:20 235:24 pharmacia's placed 231:17,18 232:12,19,22,23 259:8 295:25 161:23 166:10 176:12 185:19,24 233:2,9,17,21,23 234:4,8,9 periods phase 186:5 233:18,21 234:20,23 235:3 237:15 82:15 290:6 78:24 places 243:8,23 255:7 257:17 permissible phased 138:15261:4 282:6 284:14 293:4,14,16 22:10 300:11 plain 295:24 300:8,8,10,12,22,23 permit phelps 214:6,8,9 228:16 232:13,20 301:8,16 303:6,9 304:4 170:4 191:9 210:16,19,21 4:11 8:16 232:20,22 pcv 211:13,15 phenol plains 206:16 permits 253:21 194:16 233:2 peachtree 170:7,12 phenols plaintiff 4:5 6:15 persist 254:2,3 3:2 239:2 pels 82:14 phenyl plaintiffs 22:10 persistence 253:9,11,12,12,19,20 2:6 40:24 141:19244:14 pending 78:5 81:13 83:1,2 phenylcyclohexane 245:13 8:9 18:17,1945:11,14 persistent 256:16 plaintiff's 305:8 50:21,23 77:21 81:6,9,15 phenyls 74:24 penn 81:20,21,25,25 82:4,6,9,9 217:19 plan 256:5 82:22 85:10,13,17 phone 67:13 70:19 pensacola person 8:22 9:16 87:14 101:7,9 plans 138:7 139:21,24 140:16 66:19 91:9,13 97:12 125:18 134:13,14 192:11 291:4 people 141:14 150:20 160:19 phonetic plant 9:16 57:20 60:4 91:19,23 168:14 170:16,20,24 171:3 137:6,8,9 214:16 223:7 37:2,7,15 41:12,15 47:21 94:14 95:10 96:13,15 97:15 187:7 225:2 265:23,25 239:15 47:24 48:6 49:8,13,15,19 98:1,5 101:6 102:2,2,7,15 267:3 270:21 283:9 286:21 phosphate 50:2,2,3 53:1,11,16,23 103:5 127:22 130:25 131:8 288:4 249:6,15 250:1,4,6 252:19 54:10 55:6,8,9,11,15,17,18 134:13,14 142:24 159:25 55:21 56:22 59:20,24 61:9 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044955 [plant - preparing] plant (cont.) plasticizers polyphenyls (cont.) pots (cont.) 61:13,15,16,22 62:5,7,24 36:24 165:22 275:14 217:20,23 124:4,5,23 128:3 143:18,21 64:14 65:20 66:4 67:18 play poor 144:3,7,24 148:23 193:12 70:23 71:12,25 72:9 73:1 236:14 259:6 163:8,10 294:13,13 potw 73:15 81:19 86:2,13 91:23 played portion 234:20 235:1,23 92:6,20 94:9,15,18,20 95:7 74:6 161:16 162:5,6,6,15 25:14 86:17 231:6,7 292:12 pounds 95:14,22 96:22 97:12 99:5 212:8 portions 195:1,10 196:5 231:18,23 99:12 100:16 101:15,22 plaza 207:25 241:19 232:1 106:20,20 107:6,7,14 112:2 2:19 3:5 4:4 6:5 8:4 posed pouring 114:5,9,22,25 115:14,17 please 12:9 180:13 116:9,10,15 117:25 121:4 8:11 9:21 11:9,20,23 194:1 position power 123:20,23 125:1 126:3 plood 19:25 20:21 36:22 45:25 67:22,25 181:18,18,22,23 135:4,9,25 136:8,12 137:1 228:16,16 47:12 53:4 65:5 76:9 84:4,7 182:2,14,20 183:8,23 184:8 137:3,5,23,24,25 138:1,2,2 plucking 103:14 208:7 184:18,22 185:20,25 186:6 138:3,4,5,7,10,20,21,24,25 51:19 positions 187:4 189:2,7,10 193:16,20 139:4,7,7,8,13,16,17,19,21 plumbing 84:10,23 193:21,22 194:3,11 214:24 139:24,24,25 140:11,25 99:5 positive 214:24 215:5,19 302:21 141:6,6 142:9 143:8,18 plume 26:23 practical 150:4 152:5,8,13,22 153:2 206:25 possession 78:21 156:14 153:2,6,10 156:18,19 158:7 plus 99:24 practically 158:20,24,24 160:1 161:8 284:24 286:10 possibility 78:21 164:13 165:2 168:9 170:3,7 pnp 133:23 303:4 practices 170:21,24 171:8,19,23 254:7,9,16 possible 160:20 172:1,4,17 173:10,12,12,14 point 31:7 52:4 53:7 115:9 pre 173:24 174:4,25 175:2,3,6 22:21 30:4 54:16 57:20 133:16 193:14 253:12 175:13 179:6 180:1,4,22 59:8 62:9 66:22,23 68:18 possibly precipitate 186:9 187:7 192:13,22,25 69:8 78:11,11 79:9,11,17 228:23 206:21 193:7 194:8,22 195:2 196:6 79:18,21,21,22,22,24,24 post precipitated 196:14,16,19 197:2,17,19 80:16,17 81:12 82:14 194:11 120:8 121:2 197:23 198:14,21 200:7 100:22,22 101:11 105:7,9 pot precipitating 203:17207:1,2 211:21 105:12 106:25 108:7 41:14,18 73:14 85:24 86:1 126:23 212:15,20,24 213:3,11,12 109:17 115:9 117:5,6 130:8 86:12 92:10,18 93:5 94:10 precision 213:15 214:5,7,11 217:2,4 134:6 135:11 137:16 163:3 95:11,14,16,22 96:8,11,13 294:13 217:11,16,22,24 218:1,6 164:11,25 165:7 187:7 96:13,20,23 97:8,16,19 precursor 221:4,11,19 223:17,20 192:3,18,20 195:24 201:9 98:1,5,9,14,19,24 100:15 304:3 226:24 227:4,18 228:15 201:10 207:3 209:19 220:9 101:13 102:4,13 103:22,24 precursors 229:21,23 230:18,22 231:2 223:16 224:13,25 229:4 104:6 106:5,12,14 109:16 75:21 231:19 232:7,10 233:3 247:22 257:22 264:3,3 109:18 110:5 113:17 prefix 234:22,24 235:3,22 236:3 266:10 267:6 298:19 115:10 118:2,12 119:8 253:15 237:7,24,25 238:1 248:21 pointed 121:9 125:18 127:4,17 preheaters 249:14 250:2 251:7,25 93:16 132:11 135:16,21 144:9 119:22 120:2 253:2,10 261:10,23 262:25 points 145:14 146:22 147:2,20 premise 263:17 264:12 266:7,7,8,15 40:1,3,4 105:11 206:10 148:8 150:5,21 160:18,24 69:21 156:8 267:7,8,11,15 268:5,9,25 policies 163:12 193:8 247:8,9,10 preparation 269:10,13,16 270:1,9,15 255:25 248:9 251:12 263:2,3,12 40:17 41:5 74:25 75:3,9 273:9 276:6 278:9 280:15 policy 297:3,22 298:4,4,9,12,14 93:13 281:8 282:15 286:4 290:17 217:19 268:23 potential prepare 298:22,24 299:2,10 pollution 23:22,25 24:1,2 26:14 23:3 30:15 88:16 91:10,15 plants 263:4,7,11 27:24 104:15,20 125:22 91:16225:16 49:24 53:6 55:11 56:8 polychlorinated 126:1 191:11 prepared 137:18,20 138:9,10,12 76:18,24 77:4 82:2 86:21 potentially 67:12 209:4 291:4 139:15 140:13 141:23 148:1,3 165:18 10:9 preparers 142:24 152:15,17 153:15 polyphenyl pots 30:24 174:7 223:15 255:18 267:7 147:9 217:15 108:14 111:10 113:16 preparing 267:17 296:22 polyphenyls 117:4 119:17,22 120:4,20 74:6,8,13,17 95:18 76:25 90:17 93:17 128:22 120:22 121:16 122:12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044956 [presence - provided] presence privileged process (cont.) products (cont.) 61:21 63:1467:11 71:6 292:23 227:25 238:2 246:6,9,11 153:13,17 156:19 177:22 76:7 77:12,13 161:5 169:16 probable 247:2,6,8,10,10 248:3,5,9 218:19,22,24 246:23 169:19 26:21 27:2,5,8 248:23,25 249:2,18,19 251:19,20,24 255:10 present probably 250:19,22 251:12,12,13 257:16 258:4 299:18 30:1663:3,1891:17 182:15 16:4,4 33:13,16 34:7 35:5,9 254:10,12 263:2,3,6,12,14 303:10 229:13 36:16 38:9,22 41:4 46:9,18 268:10 272:5 297:3,20,22 program presentations 47:25 48:10 57:14,17,25 298:5,9,12,14 304:13,13 15:16 50:5,7 53:22 261:11 38:6 58:6 60:3 64:19 75:2 91:18 processes project presented 91:22 95:1 97:11 98:12,15 92:8 94:17,25 99:11,19,25 15:22 16:11 165:15 166:1 10:21 126:11 128:1,2 143:14 135:7 145:25 160:20 162:1 projects presidential 153:12 154:4 168:16 170:8 168:15 174:3 193:6 246:21 59:13,14 25:12 171:9,12 186:8 187:3,8 prod promoted pressure 192:18 194:11 195:10 257:2 65:4 78:10,18,20,22 130:6,21 199:7 219:19 222:12 produce promoter 148:8 224:14 253:6 261:5 265:21 86:16,18 175:6 228:1 297:13 pressures 287:12,20 292:23 293:14 produced prompt 154:11 297:19 34:21 75:25 100:3 136:12 191:7 presumably problem 147:22,24 148:2 158:23 prompted 122:24 126:6 190:20 70:10 71:2 180:1 213:10 168:21 169:3 173:24 174:7 63:20,23 67:21 presume problems 221:22 248:21 249:14 promptly 299:5 168:3,5 211:19,22 250:2,14 251:24 254:3,5,22 197:7 pretty process produces pronounced 82:22 84:24 266:3 294:5,6 15:22 30:1741:14,18,18 158:22 240:9 previous 73:14 75:25 76:5 85:24 producing proper 13:1 86:1,6,8,10,12,12,22 89:19 154:2 155:23 249:17 244:5 previously 89:20 91:21 92:10,10,14,17 product properties 100:12 92:18,19 93:5,12,17 94:8,9 20:18 46:20 54:19 56:5,20 78:2,9 80:21,23 81:3,5,10 price 94:10 95:11,14,16,22 96:1 58:11 60:12,19 61:8 64:4 81:11 229:22 230:12,15 283:25 96:2,8,11,13,20,23 97:8,16 64:12,24 76:24 84:8,17,19 240:6 260:24 261:7,17 primarily 97:19 98:1,5,9,14,19,24 84:20 86:16,22 94:23,23 property 21:9,23 23:11 34:20 36:21 100:15 101:13,16 102:4,13 95:6 100:25 120:11,12,25 78:12 183:6,24 184:20 38:6,23,24 39:10,21,22 103:23,24 104:6,7,12,16,20 128:15,18 130:24 131:25 186:6 189:10214:25215:1 48:19 50:14 52:13 55:20 104:23 105:7,11,13,15,16 133:10,11 147:12 156:3,3 215:4,13 241:2,7,11 243:1 59:12 60:25 65:21 66:6,19 105:17,19,21,24 106:5,12 168:4 173:20 177:20 244:9,12,13 245:2,3,19 70:22 71:10 73:12 81:17 106:14,17,23 107:1,12,19 221:23 237:21 246:3,13 261:10 91:1295:12 103:11 154:10 108:25 109:3,10,12,23 247:3,25 248:3,17,19 249:1 proportion 158:12,13 163:25 165:16 110:2,5,21 111:4,8,13,15 249:7 250:2 252:24 253:1 231:11 233:6 169:4 187:18 208:21 111:20 113:14,22,24 114:2 255:18 256:12 257:2 258:2 proportions 209:15 210:1 214:9 216:2 114:4,12 115:7,11,13,18,24 265:20 266:2 277:22 231:12 242:25 267:2 282:4 116:5,11,16 118:2,12,23 280:24 285:11 299:15 proposal primary 119:3,6 121:6 123:16 301:5 67:13 22:1661:1466:1473:12 125:19,23 126:3 127:4,21 production propounded prior 129:6,16 130:5 131:1,22,24 75:10 86:20 96:20 100:24 9:15 306:1,4 12:22,25 16:5 20:23 21:11 132:3,5,8,11,24 133:1,12 135:13,17 144:9 148:15,20 prostate 34:6 35:2,7 63:6,17 101:22 133:15 135:16,21 144:10 153:1,2,5,5 156:17 157:16 269:5,6 173:18,19 177:14 182:1 144:20 145:15 146:2,12,22 160:4,22,23 161:8,9 163:6 protection 185:19,24 186:6,11 187:24 147:3,11,13,20,23,25 148:8 163:11,20 164:12 168:14 68:20 188:16 189:5 196:16 148:10,21 150:1,5,8,14,21 169:3,23 174:12,17,17 provide 201:25,25 204:6 206:2 157:19 158:22,25 160:14 177:11 178:16 179:14 22:17 28:25 34:18 37:25 210:8 211:13 213:4,6 222:7 160:18,23,23,24 161:9,20 195:22,24 196:4 197:21 65:21 148:17,23 149:3,14 224:9,13 227:2,2 229:3 163:1,6,6,12,20 164:18 232:5 193:15248:9,11 258:22 247:10 251:10 289:20 167:9,12,22 169:3,25 170:2 products 259:15,23 293:25 291:21,23 300:10 174:12 177:6,8 193:8 48:23 49:1 55:2,3,5,5,21,22 provided privilege 206:11 207:3 211:24 212:1 59:13 91:14 94:20 95:3 34:25 38:11 94:2 193:20 10:7 12:11 212:3,5,9,10,13 216:3 99:15,16 147:9,19 152:18 230:2 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044957 [provides - recall] provides pydraul (cont.) quite reactivated 26:15 299:13,18,21 300:8,13,16 10:468:15 129:10,19 281:1 240:22 providing 300:21,21,22 301:1,1,1,5 quote reactive 238:14 301:11,12,12,12,18 19:5 211:21 80:6 public pydrauls r reactor 2:23 3:16 190:23 191:17 305:4 publication 32:1 publicly 38:24 publish 31:23 published 31:10,14,22 purchase 240:6 261:11 289:23 purchased 125:1 303:1,13 purchasers 157:6 purchasing 123:24 124:10,10,21 142:12,12,15,23 255:20 270:17 289:9,16 purdue 13:23 pure 120:11 128:15,18 129:13 133:11 257:13293:15 purpose 125:12 202:25 216:17 purposes 43:11 103:25 156:14 227:21,22 pursuant 305:8 pushing 140:20 put 38:20 51:9 99:7 108:14 109:16 111:10 112:2 119:9 119:9,20 121:14 122:11 123:16,17 134:7 149:24 150:14 164:9,10 165:1,9 166:11 167:16,16 186:10 186:14,21 188:14 189:19 189:21 190:8 201:13,15,17 201:19 219:22 225:2 226:7 230:12 252:4,8 putting 122:13,13 219:8 226:16 pwg 1:4 2:8 8:10 pydraul 165:24 175:14 299:11,12 175:10,11 300:9,11,25 301:7,14 pyranol 174:9,10,13,14,18,20 301:18,19 pyrolysis 76:1 100:3 pyrophosphates 250:11 q quadrillion 294:17 qualified 305:6 qualities 164:1 quality 55:20 100:25 131:25 163:8 163:10 quantities 124:11,12,16,17,21 queeny 137:1,3 152:22 153:6 270:14 queeny's 137:11 question 10:1,3,6 11:20,21 12:9,12 30:12 38:9 43:17,20 60:21 71:22 75:4 88:8 100:5 115:23,23 117:16 118:9,13 125:15 142:20,21,23 147:16 154:22 162:13 164:14 165:12 194:1 205:6 213:10 228:11 230:20 232:17 248:6 251:23 255:3 257:9 questions 9:20 10:1,10 11:1841:11 74:3 75:5 82:12 117:20 164:23,23 205:14 292:22 305:25 306:3 quibble 69:5 110:14 111:18 quicker 79:3 quintard 192:6 quit 49:15 153:11,13 176:5 radiator 140:9 radioisotopes 83:13 railroad 70:24 303:12 raise 268 1 raised 10:15 ran 132:25 218:16 148:14,21 161:1,2,2 252:4 252:9 reactors 149:19 read 87:11 92:8 103:1 143:14 220:23 238:3 256:1 reader 94:3 readings 17:1 ready range 55:1,3 200:20 rapid 79:8 rapidly 82:16 rare 19:13 rat 49:3 rate 259:1,3,5,10 rates 50:15,17 rating 268:1 rats 32:4,8,9,20,23 raw 156:2 razed 99:6 151:10,11 166:4 rcra 191:9 236:17 reach 180:19 reacquire 183:1,5 reacquired 182:23,24 184:20 194:2 reacquisition 193:25 204:12 reacted 77:12 191:5,6 reaction 68:9 77:15 147:25 148:18 148:24 149:4,7,12,12,13,15 149:16,20,25 150:1,2,9 161:3,6 162:7,8,12,19 88:10 reagent 95:6 real 268:11 270:9 really 36:5 49:11 82:17 127:13 142:14,17 147:14,15 149:6 152:24 156:13 157:3,18 160:6,9 161:1 165:20 167:5 167:13 184:25 188:9 203:16 206:20 215:22 225:19 226:14 234:7 241:23 249:24 250:9 256:14 257:23 264:2,8,8 266:10,23 278:3 289:24 291:1 294:1 296:25 299:6 reason 11:25 19:3 112:22 154:17 195:11 199:4,17,21,23 204:15 208:8 246:22 251:14 255:8 257:24 264:8 reasons 149:11 255:22 recall 18:19 23:13,17,23 24:4 26:6,7,11 28:19 30:2,5,9,25 31:5,7,13,15,19 32:1,5 33:12,21,24,25 34:15 35:3 35:10,19 36:2,5,15,17,20 38:21 39:7 40:4,9 42:1 49:7 49:11,14,16,18,22,23 51:6 51:8,13,15 52:5,8 53:2,3 54:11 55:4,7,14 57:15 59:21 62:25 63:2 68:3,6,7,7 68:8 70:20 75:3,11 88:15 88:20 92:15 93:11 96:9 98:11,20 99:1,9,10,13,13 103:9 107:13,16 113:8,9,10 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044958 [recall - represent] recall (cont.) reduced relating remember (cont.) 122:3 141:7,8,8,11 143:10 293:20 23:14 45:23 173:11 194:4 98:7 160:7 201:20 241:23 146:23 147:4 157:18 reed 205:3,8 298:11 243:13 245:18,23 277:23 159:18 160:6,12 161:15 284:2 relationship 289:21 304:7 166:3,5 168:2 176:21,21 refer 155:5 256:6 removal 179:17,19 185:12,15,20 107:15 128:11 180:3 relative 70:17 72:10 188:24 189:18,22,23 191:4 reference 79:7 222:2 231:12 233:6 remove 191:4,20 208:18 209:8 88:19 101:1 254:21 relatively 67:13 210:11,12213:23 225:19 referenced 85:11 161:9,11 187:19 removed 225:21 226:25 228:2 247:21 relatives 70:11,1371:1,776:7,10 229:19 241:18,20 242:1 references 13:10 111:14 123:7,17 128:10 243:1,20 244:16,23 245:16 92:13 relay 297:4 246:10 249:3 250:9 253:3 referred 96:16 removes 254:15,17,24 255:5 256:22 94:6 257:8 relea 126:6,6 259:9,11 261:7 264:4,6,9 referring 107:5 renamed 264:17 269:17 289:14 21:25 44:1 114:10 124:9 released 257:12 290:4,8,12,23 291:3 295:2 185:23 225:9 229:8 297:24 106:12,13 107:3,5 198:4,6 renewed 295:20 296:13,17,23 297:5 reflect 198:20 191:9 298:15,23 299:1 84:15 189:14229:1,12 releases rep recapping 233:16 117:25 118:1,3,22,25 119:1 36:13 37:15 283:21 183:3 190:4 reflected 199:1,2,7 repair receive 232:4,5 relevant 144:24 13:24 102:8 241:7 260:4 reflects 94:5 repeat received 84:17 reliable 11:21 232:16 107:21 220:12 248:7 regan 169:1 replace 301:23 284:4 reliance 77:21 124:12,22 receiving regard 195:14 replacement 16:5 15:21 39:10 51:6 73:14 relied 77:9 149:1 receptor 90:5 205:13210:11 297:11 94:2 96:15 102:14 103:11 reply 62:6 regarding relocated 9:14 recess 22:2 27:24 61:4,5 161:25 227:9 report 42:19 145:9 181:4 207:18 regards relying 26:2,6,8 27:19,21 28:18,20 265:4 23:22 151:8 28:23 30:8,16,18 52:18 recessed regeur remain 53:25 57:6 64:5,7 171:18 304:23 294:6 161:9 171:20 262:17267:8,9 recollection regular remained reported 53:10 86:3 88:13 92:16 223:24 252:2 145:23 161:11,13 154:15 171:13 172:4,7,9 95:9 97:3,6 99:4 114:21 regulation remaining 216:23217:2,11,12267:7 135:9 141:16 147:13 22:9 157:1 267:15,18 279:21 287:13 160:12 163:2,4,16,18 regulations remains 305:22 187:18 193:2 200:18 264:6 21:24,25 22:2,6,15,15,20 120:21 reporter 276:9 291:2 297:8 61:5,6 236:17 remarks 2:23 8:6 11:15 87:20 record regulators 306:1 306:16 8:1,11 9:22 10:20 11:10 22:18 197:13 remedia reporting 42:17,20 73:21,23 87:21,23 regulatory 223:19 52:22 54:3 57:20 171:23,24 88:1,2 101:7 145:7,8,10 22:12 23:7,21 25:9 64:2 remedial 172:5 265:18,25 267:19,20 181:2,5 207:16,19 265:3,5 223:24 224:17,18 223:19 266:1 291:5 267:24 304:21 reinforced remediation reports recorded 209:22,24 66:8 91:22 173:15 191:20 23:20 24:5,8,11,15,19 146:25 relate 191:25 200:7,9,13 223:18 25:1626:1 30:11,24 31:1,4 records 33:18 45:2,15,18 225:24 227:22 257:21 260:24 262:11,15,18266:15 34:20 102:11 237:15 related 261:5,6,8 262:2 264:16,22 repository recovering 14:17 22:24 33:15 35:13 264:23 265:19 266:1 256:4,9 190:3 38:21 39:2 58:7 59:14 remember represent recycle 239:9 306:9 11:16 18:1727:21 64:23 9:9 85:9 263:7 218:22 85:2 86:4 96:21 97:13 98:7 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044959 [representative - road] representative residential responsibility reviewed 36:11 38:7 228:9 229:7,22 233:19,22 57:18 59:15 91:14 170:20 29:13,1630:11 41:1242:5 represented 260:24 261:15,17 172:10,13 173:8 176:25 93:18,18,21 94:4,24 99:10 12:2 residents 177:4 209:17,19 223:14,17 110:15,16 159:22 174:3 representing 34:9 35:15 37:6,10 141:4 223:18 226:6 237:2 238:1,2 242:1 8:13,15,18,20,23 9:1,3,5,7 197:10,16241:12 248:16 270:1 281:8 reviewer 17:10 residues responsible 24:10,13 represents 219:7,10 224:23 225:8 227:4 232:12 reviewing 84:18 135:8 196:4 263:4 resign responsiveness 42:1 93:11 request 44:22 10:2 rice 34:22 72:24 73:9 75:14 reslawgrp.com rest 155:18,21 88:23 91:11 92:5 102:1 5:17 157:3,10 293:15 rich 103:15,20 125:21 144:14 resolution restate 137:6 159:20 225:11,11,14 5:12 8:25 194:1 richard 226:10,20 247:7,11,15,23 resource result 276:21 284:6 248:7 66:16 173:5 70:1 77:24 168:4 231:1 richmond requested resources results 284:9 248:9 103:16 68:9 89:24 93:19 106:19 rick requesting respect 114:4,16 170:18 185:11 137:8,9 194:4 16:21 22:7 25:19,21,23 209:16 210:1 233:15 rid requests 27:19 29:12 31:4 37:19,22 retain 134:3 61:6 73:5,11 74:5 75:9 92:1 38:15 42:9 45:6 47:16 36:7 79:14 right require 49:19 51:12 58:4 62:23 retained 12:3 29:20 30:9 49:10,12 82:12 118:10 299:20 65:20 73:10 74:22 80:25 261:18 55:24 72:21 79:4 84:1,24 required 91:10 95:11 98:18,22 retainer 86:14,16 90:10,12,13 94:14 12:9 44:2 104:10,19 107:21 110:21 259:2,12,14 260:1,7,10,12 97:4 100:22 102:8 103:6 requires 144:13 145:14 146:2,13,21 retardant 105:23 107:3 108:8,16 43:14 147:20 154:5,14 170:17 174:11 301:20 109:2,8,20,20 110:4,13,20 requisition 172:17 179:22 183:24 retention 111:5,22 113:6,11,23 115:7 289:23 187:23 189:16 190:23 255:25 120:3,23 123:4,6,8,9 124:7 rerouted 191:11,21 192:1 193:16 retire 124:18 125:16 126:14 190:2 200:22 206:5 208:20 211:1 44:21 127:7,18 128:8,19 129:2,3 rerouting 211:16213:4,11 215:7 retired 129:5,25 132:15,18 137:5,7 189:23 190:13 221:15,17 225:23 236:3 44:23 65:6 102:7 264:18 138:13 144:5 149:22 research 238:8 241:25 243:23 255:3 268:21 271:17,23 277:21 150:15 151:11 152:2 167:6 15:20,21 16:6,11 46:2,3,7 255:4,24 257:21 258:2 289:18 173:3 182:5 187:5,6 190:13 46:11,15,1748:1749:2,6 295:24 296:18 298:9 302:7 retiree 202:4 204:21 208:23 49:19,25 50:5,7 52:10,12 respects 248:14 219:19230:9 233:12,13 52:18,24 53:5,22,24 54:8 306:2 retirement 243:7 247:24 252:22 54:14 55:8,11 57:4,19,24 responding 47:13 102:8 260:19 262:19 253:18 254:6 256:19,21 58:14,16,22 59:1,6,9,10,11 74:4 92:1,4 103:25 125:13 262:21 264:20 271:10 260:14,17 262:5 266:3 59:13,17,23 60:2 236:21 126:4 225:13 retrospect 295:2,18 304:11 248:11 271:4 275:14 response 197:25 ring 276:15 284:7,13,16 286:1 34:22 72:23 73:9 75:4 reuse 76:8,20 84:10,11 143:5 297:2 88:23 91:10,15,17 93:14 218:22 235:24 240:11 249:7 researcher 144:13 159:20 226:3,8 reveal 253:16 276:18 247:14 248:11,13 257:21 198:20 rings reserve 263:1 review 75:18 76:4,4,8,12,14 84:6 9:25 10:8 responses 10:18 26:13 27:23 28:24 251:4,5 reside 11:14 74:18,24 75:1,3,9,14 29:7,22 32:17 41:5,8 88:6 risen 13:7 225:24 226:10,19 94:13,16 96:2 99:18,23 111:11 resided responsibilities 102:21 106:10,16 110:18 river 13:7 47:15 52:11 55:1 58:11,12 116:12 118:19 129:21 138:3 139:17 140:15 resident 59:7 91:13 172:6,20,21 147:2 150:11 179:23 road 141:12 173:3,10217:12266:12 208:16 210:7 226:19 7:4 267:19,20 298:11 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044960 [roads - sense] roads s santowaxes scraps 152:4,9,13 221:2 safe 147:14,18 148:1 166:8 robert 190:16 201:6 302:12 sauget se30 1:142:178:7 9:11,23 11:11 safer 50:2 137:3,5 138:17,20,24 301:2 73:20,25 145:6,12 171:9,10 219:20 138:25 139:4,12 140:25 seal 173:14 207:15,21 223:1,2 safety 141:5,5 152:21 245:12,13 306:11 224:1,15,18 225:23 236:5 22:23 23:14 36:22,23 273:9 281:8 sealing 265:2,7 270:12 280:1,2 131:25 265:17,22,23,24 saunders 36:25 282:24 288:15 304:20 266:4 267:17 304:13 285:8 second robinson salary savage 46:16 47:20 87:21 122:25 284:11,12,15 260:20 285:10,11,13 139:23 298:19 rock sale saw secondhand 151:17 186:6 255:19 90:11 129:10 159:18 102:17 role sales 261:13,13,14,16,23 290:4 section 22:13,16 24:10,12 35:1 34:20 153:16,18,19 154:18 sawdust 132:17 135:13225:8 65:20 66:14 74:4,6,7,13 258:2 283:21 176:16 264:14 75:12 161:15 162:4,6,7,15 salesperson saying sediments 212:8 223:9,12 283:21 19:3 46:23 50:7 63:12 61:21 67:11,1370:11,13 rolled salt 69:24 85:22 89:6 108:9 71:1072:14 114:23 242:9,10,13 244:2,4 245:17 249:9 130:10,13 137:3,6 253:20 seeing roofings sample 267:5 68:9 128:9 188:24 249:3 220:25 63:20 207:1 293:13,14 says 254:15,24 255:5 256:22 room 294:19,20 9:14 103:12 110:15 111:17 290:23 295:2,20 298:23 291:1 sampled 119:23 135:13 142:6 seek roper 233:21 193:11 227:6 253:23 102:11 285:4 samples 257:25 263:2,13,13 seen rough 33:3,7,8,9 48:20,21 49:2,16 scanned 94:19 106:4,4 146:7 148:6 82:1,1 50:3,8 51:20,24 52:15 134:22 151:6 159:15 163:5 165:10 route 54:13,21 63:5,17 66:7 scavenger 183:20 189:13 194:23,23 104:2 67:23 68:12,14 83:8,12 174:23 195:9 196:9 207:1 228:25 routine 234:14 261:19 264:2 schedule 229:24 230:17,17,21,24 56:16,18 144:21 sampling 16:19 233:14,14,16 237:18 routinely 89:23 119:2 185:9 191:8 schoettler 246:12 254:21 255:6 11:24 294:14 194:15 205:21,24 206:3,9 12:23,24 261:18262:12290:1,13 rubber 209:16,16 210:1 261:19 school 291:6 295:14 302:25 303:3 282:4 sanborn 13:18 177:16 selectivity rubbers 291:7 schulte 293:25 158:13 sand 285:16 self rule 176:15 178:16,19 228:22 schulz 43:3 10:22 229:1,6,13,16 234:9 261:25 289:6 sell rules sanders schutzenhofer 156:24 169:7,10 22:19 3:144:3 8:189:5 289:4 send ruling sands science 56:24 202:13 292:20,21 99:11 233:11,14,17234:1,5,9 13:25 14:7,13,20 31:20 sending run 261:13,13,14,16 sciences 210:14 218:5 263:3 sandstedt 58:15,18,23,24 279:19 senior running 285:6 scientific 46:2,3,7,11,15,1748:17 109:10,12 111:15 189:8 sanitary 4:1 9:5 17:2 27:23 30:6 49:6,18,25 52:10,11,17,24 runoff 235:5,19 31:10 63:8,11 65:22 66:18 53:4,24 54:8,14 55:8 57:3 194:8,9,14 204:14 217:15 santocel 66:19,20 69:22 57:19 58:14,14,16,22 59:1 rust 173:21,25 scientifically 59:10,17,23 236:21 166:14 204:23 santosol 28:3 sense rutledge 256:25,25 scott 22:19 102:6 103:21 165:12 5:2,8 9:2,2 santowax 52:20 287:12,14,18 180:8 198:25 199:6 238:6 147:7,10,12,22 148:4 scrap 277:25 278:3 251:17,20 221:5 237:8,11 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044961 [sensible - soils] sensible sewell 22:21 239:13 sensitive sewer 293:19 180:4,14,15 234:21,24 sensitivities 235:4,17,19 236:3 294:9 sewered sensitivity 180:7 293:21 294:2 sewering sent 180:9,10 24:16 88:22 95:25 99:7 sewers 202:18 209:7,9,12 210:8 235:5 221:5 shake sep 146:13 289:2 Shanahan separate 288:23 64:21 67:5,7,8,9 149:24 shaw 251:15 8:5 September shearn 1:12 2:22 8:2 17:21,22 18:4 288:21 18:14 44:11 89:21 305:15 sheet sepulveda 89:12 90:1,4,5 101:2,4 289:2 105:4 119:18 sequential sheets 89:4 55:24 series shelter 22:1 113:16 180:21 257:11 238:23 257:11 shm serum 5:17 28:2 shoes served 303:7 21:8 short service 18:6 136:24 165:22,23 262:15 302:18 180:25 203:15 services shorthand 262:10,15,22 305:22 session shortly 304:19 97:2 set show 122:10 240:2 305:24 71:6 151:6 230:18,22 settled showed 238:21 239:4,5,23 240:5,20 63:18 119:4 210:2 295:8 240:21,23 241:6,13 242:21 shown 244:6 245:1 305:20 settlement shows 239:6 240:5 241:7 112:25 settlements shuffle 35:25 255:16,17 seven shut 10:25 19:18,18 36:16 259:7 95:16 144:21 259:8 sic seventies 228:16 255:1 171:2 199:2,9 side seventy 207:4 261:9 44:12 195:7 284:24 siegal seversen 4:13 288:25 sign slag 10:18 170:16292:11 178:23 179:1,2 signature slice 306:5 27:7 signed slight 102:23 147:5 significant slow 48:7 116:15 118:22 168:17 79:6 149:13 187:14200:11 slowly significantly 78:23,24,24 79:1 50:18 130:7 sis silico 4:20 246:18 small silicon 18:8,1525:1359:1569:14 246:14 114:5 120:24 121:1,13 similar 124:17 134:1 156:11 157:2 29:9 32:24 140:9 228:4 157:9 195:4 207:4 303:11 simple smarty 77:11 66:13 simply smith 63:12 116:7 300:19 4:2 9:4,4 288:17,19 single smoother 75:23 225:25 228:10 239:2 11:19 sinks smp 151:1,2 90:17 92:12 103:8 131:1,3 sir 131:4,18 132:1 143:25 12:440:12 170:15 160:13 163:17255:5 sit smps 39:19 88:9 109:25 113:3 96:2 129:6 160:15 163:15 122:9 123:21 227:11 228:2 246:10 247:14,19 249:3 247:18 250:10 253:5 250:18 254:15 255:4,9,20 254:11 256:22 site snow 106:20,20 107:6,8 112:2 62:13,16,20 67:17 68:13,14 114:13,17 115:14 116:15 68:14,22 69:25 70:17,25 139:8 215:16291:3 114:24 115:1 187:13 sites 190:24 191:20,22,25 192:7 139:14 192:8 214:9 228:23 sitting snow's 30:4,9 62:15 72:10 198:22 situation soap 35:6,13 39:11 67:10,14,21 248:20 situations soaps 67:8,9 69:10,16 299:18 253:6 300:5 sodem six 288:15 35:5 40:16 75:18 82:5,10 sodium 85:1,9 131:7 200:20 212:11 249:6,9,15 sixth soil 6:4 49:3,16,24 50:8,17,21 sixties 123:19 154:24 207:1 65:8 103:18 soils size 49:5,8,13 53:16,23 89:24 70:20 108:7 138:23 139:6 187:19,19 skin 198:3,6,7 199:19203:15 28:1 204:16 228:8,12,18 230:4 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044962 [soils - stamp] soils (cont.) sort specifically (cont.) splitting 230:12,19,23 231:1 233:9 157:20 167:17 206:25 128:2 129:4 132:6 133:15 82:12 294:23 221:2 266:18 269:25 133:25 141:10 146:23 spoke sojourn 297:19 147:4,6 154:3 155:25 57:13,15 60:25 68:20 97:16 298:3 sorted 162:22 164:5,16 168:2,10 98:1399:17 110:1 171:10 sold 251:19 172:1 174:8 175:4,17 176:1 222:16 146:9 157:2,8 181:18,20 sound 176:20 177:6 178:18 179:4 spoken 189:10 220:15 222:3 237:8 305:16 179:19 180:24 182:11,18 57:12 97:20 98:1,10 255:19 302:1,9 303:25 sounding 188:21 189:18,22 194:6 sponsored solid 95:2 209:8 215:23 216:9 218:3 29:21 30:1 79:23 165:17 192:12,16 sounds 222:13 225:19 227:1 230:7 spontaneous 236:11,15,23 237:2 267:5 235:8 241:23 249:16 70:1 solids source 250:10 253:3 264:24 sporadic 126:20 15:8 139:21 140:10,16 289:14 290:8 295:11 132:22 264:1 solubility 187:11,14 194:18 297:24 300:1 301:4 303:23 sprague 78:10,15,17 south 304:14 288:13 solutia 13:19 192:24,24 193:1 specifications spread 1:2 2:5 8:8,21 17:6,20 42:5 200:23 201:1,11 202:1,4,9 55:23 34:3 42:24 43:4,13 44:1,12,14 202:23 207:24,25 208:13 specificity springgate 44:17,19,21,25 45:6,12 208:20 218:11 288:1 170:15 288:10 47:9 48:2 65:14,19 66:15 southern specifics springs 73:7 139:2 161:23 182:23 5:109:1 162:4 39:981:2 138:10201:16 223:11,13 226:6,17,18 speak specs spun 257:18 258:21 260:23 11:13 42:8 95:11 96:7 56:20 17:20 44:12,14 262:14,19 264:17,18 97:17 98:4,21 101:12,13 spectrometers squabbling 265:11 291:16 292:5 295:4 109:22,23 133:2,5 160:17 293:24 294:8 108:7,9 295:17 296:5 173:13,13 175:25 210:10 spectrometry square solutia's speaking 52:14 3:16 74:14 88:24 225:8 85:11 103:23 104:1 spectroscopy squire solvent spec 15:9,23 59:12 3:148:17 293:16 55:24 218:19,22 speculate ss solvents specialist 297:14 305:2 178:7 46:7,15,17 52:10,12 53:24 speculating ssd.com somebody 54:9 58:17,22 59:1,11,23 219:4 220:7 3:20 169:1 177:7,7 253:19,25 60:2 236:21 speculation St 265:21 289:23 specialists 128:5 129:13 131:13 2:20 3:6 12:21 20:16 50:3 somewhat 57:24 199:11 234:7,10 54:6 56:2,24 60:17 64:10 181:11 188:8 190:5 212:2 specialized spell 142:24 143:13 171:21 soon 16:21 155:12 172:6,16,16 175:9 255:13 197:4 297:1 specific spelling 255:17 268:24 269:13,13 sop 18:18 23:23 25:6,7,7 36:16 270:2 269:14271:5 274:15 255:5 40:4 43:14,15 64:23 68:8,8 spent 275:15276:16,19278:13 sops 74:3 83:17 85:16 103:10 54:15,18 280:25 282:21 285:1,2,3,12 246:11 249:3 250:18 128:10 129:10 133:6 141:2 spiked 286:1,17 287:16,23 289:9 254:15,24 255:1,4,9 256:22 149:9 150:6 156:12 163:4 51:3 295:16 305:3,13 306:12 sorry 164:14,22 165:11 175:25 spill stability 16:10 17:22 58:20 90:10,11 205:11 213:19 220:14 178:20 80:3,17 90:12,14,17 91:9 92:4 233:10 234:6 239:18 spilling stable 105:9 133:24 139:23 164:5 246:24 254:23 258:5 291:2 168:4 80:3 172:24 193:23 217:4,8 specifically spills staff 230:20 232:16 243:21 22:9 23:18 31:8,19 33:24 146:20,24 175:18,22 176:6 171:15268:24 249:11,13251:22 253:13 36:5 49:7,11,16,21 51:15 176:19,25 178:13,24 179:7 stainless 256:10 257:24 258:11,18 53:2,3 56:10 68:6 70:18 237:15,21 100:19 267:13 275:18 295:19 71:16 88:20 92:15 94:2 spinoff stamp 297:18 99:14 101:17,18 107:16,24 47:6,17 65:14 87:10 110:3 112:14 127:10,12 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044963 [stand - suspect] stand sticky stuck supervisor 42:14 261:17 273:10 177:18,22,23,25 303:6 52:20 275:16 279:25 284:18 stigley studies supervisory standard 288:6 14:1629:12,13 30:1551:15 57:25 56:19 89:18,20 92:7 93:12 stood study supplied 93:17 96:2 132:25 276:20 29:19 32:3,6,17 51:21 142:8 standards stop stunning suppliers 157:10 32:8 71:13 154:1 181:25 32:11 143:7 stands 304:16 submit supply 261:18 stopped 30:21,23 31:3 157:3,9 161:3 start 71:20,24 150:4 156:17 submitted support 9:24 92:21 93:2 107:18,18 161:8 182:1 195:7 231:16 23:6,20 30:25 112:25 28:25 65:21 131:21 238:14 107:19 145:11 stopping subsequent 239:20 258:22,25 259:16 started 298:19 42:3 70:6 71:5 106:18 259:16,23 21:20 92:24 154:18 170:3 storage 148:2 160:8 205:13 215:17 supported 170:23 181:16 194:15 165:8 215:23 28:3 191:17 200:19 201:3 205:25,25 store subsequently suppose 206:1 208:3 212:19 224:3 156:18 66:15 155:18 20:1,2 88:8 102:9 103:19 231:15293:5 stored substance 203:14 starting 119:20 168:9 24:4 26:6 27:20,22 28:19 supposition 75:24 stories substation 108:2 state 156:7,10 214:24 215:4 supreme 2:20,23 9:21 11:9 33:22 storm substitute 245:6 37:24,25 38:11 52:6 64:2 180:6,18 187:23 188:3,6,11 148:22 sure 78:13 119:21 120:6 130:24 190:5,5,7,17,19 194:7,14 substitutes 9:17 10:12 17:5 18:18 167:16 170:4,11 185:17 194:19 198:10,13 200:1,4,5 165:23 19:24 24:18 30:12 31:15 193:23 208:6 256:5 261:14 200:10,17,20,25 201:10,24 sued 49:8 51:17,23 53:12 55:22 294:6 305:1,5,13 306:17 204:13,17205:19216:4 35:10,14 37:5,9 143:15 64:16 76:11 78:1,4 80:13 stated 217:14218:5,14235:13,16 suffering 83:19 84:5 85:4,18 86:19 209:21,25 261:12 235:17 197:2 269:6 87:12,22 89:18 91:23 93:4 statement straight sufficient 95:17 103:21 106:3,8 108:1 53:18 80:1 81:7 263:8,10 177:16 247:23 108:2,6 117:6 121:3 122:15 statements stream suffixes 125:24 130:18 136:14 38:2,3 40:3 121:2 126:23 300:25 301:7,15 140:16 154:22,23 157:13 states streams suggest 158:17 161:11 167:23 2:1 8:14 37:18 69:2 136:14 228:18 233:2 72:13 89:14 90:8 106:21 168:12 174:1,2 181:1 187:2 137:16 139:11 156:5,16 street 148:6 199:4 229:24 230:25 188:8 189:18 191:6 192:25 305:9 4:5,146:1561:23 62:10,14 suggested 198:1 204:5 205:6 209:11 status 62:15 67:12,17 68:4,9,21 40:1 210:15 213:6 225:25 242:18 280:11 70:5,16,21,24 71:21 72:10 suggestion 226:12 240:1 242:11,14 stayed 72:15,15 83:6 180:17,20,23 72:20 251:11 254:17265:18 44:10 187:12,22 197:23 198:21 suggests 267:21 270:2 278:16 282:7 steel 213:17227:15 72:18 293:6 295:11 5:1 9:3 100:19 strike suing surely step 91:9 145:2 159:25 168:4 141:12 102:7,7 60:7 180:2 207:8 suit surface Stephanie striking 34:9,10 306:9 205:2 218:1 5:2 9:2 68:25 suite surmise Stephens structurally 2:19 3:5 4:4,15 5:4,13 6:5 158:18 4:12 288:8 76:4 7:4 surprise steps structure sum 162:2 179:13 197:9 25:2 160:2 171:23,24 259:18 surprised sterox 265:10 266:9,24 267:3,12 summaries 68:11 147:5 175:5 211:2 252:24 253:4 289:16 23:4 213:23214:1 304:15 stickiness structured sump suspect 178:1 265:15 266:22 201:15,19 108:10 111:12 152:20 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044964 [suspect - things] suspect (cont.) tank temperatures testing 249:16 119:19 120:13 165:7 105:10 129:9,15 130:18 48:25 49:1,1,2,2,3,3,5,18 suzanne 303:12,15 131:22,24 49:24 51:9 52:6 54:13 55:2 7:2 9:6 tanks ten 55:20 56:16,18,19 58:4 swan 165:8,8 19:18 119:4,4 208:15 290:5 63:13 67:22 68:10 70:5,9 76:22 tape 298:17,18 70:22 71:3,6 106:19 107:13 swap 73:17,19,24 145:5 207:12 tend 107:15 114:10,13,13,14,15 181:21 182:13 189:11 207:14,17,20 265:1,6 82:6 114:18 129:23 183:24 215:18 tapes tension 184:5 196:23 198:19,20 swapped 73:22 189:8 200:1,19 206:12 212:22 215:22 tar term 293:4,5 swift 82:25 18:6 45:1251:3 76:19 tests 244:22 tasked 100:11,12 117:17 145:19 67:23 113:9 213:16 sworn 144:12 145:22,24 146:3 147:8 tetrachlorobenzenes 9:12 305:18 taylor 151:13,15 180:8,10221:16 174:21 synthetic 6:2 8:23,23 87:9,13,19 236:14 244:5 246:5 247:1 tetrasodium 189:20 tclp 298:8 250:11 system 112:4,6,10 113:3,9 termed texas 27:18 116:17,20,20,22 team 266:12 137:24,25,25 156:12 117:2,2 139:18,20 140:7,8 226:7 terms thank 140:14,19 155:18 156:2 technical 10:14 24:6 76:6,15 77:11 18:2 90:15,17 167:17 168:1,6 180:14,18 65:21 66:21 91:13 238:14 137:18 167:14 181:14 thanks 216:11 218:21 235:18,19 239:19 258:22,24 259:16 192:14 206:16 218:7 87:19 236:3 303:16 259:23 262:10,14,22 272:1 220:19 241:6 246:23 theoretical systems technician 255:19 258:3 297:23 105:20 180:15_________________ 264:13 terphenyl theorize t technique 251:3,4 252:3,7 110:12,15 117:11,20,23 table 90:11 tables 90:2,3 tacky 177:19 taffee 222:14,17,19 226:22 taken 2:17 8:7 16:16 51:25 52:2 67:24 70:11 76:23 112:1 151:7,9 183:18 204:9 209:18 228:23 261:13,15 261:16 talk 18:3 75:13,14 85:24 96:15 97:14 103:22 105:1 170:22 172:14 181:8 196:3 207:23 292:15,18 talked 103:24 122:20 153:23 183:7 223:3 228:4 240:7 245:14 287:13 talking 48:22 53:10 85:8 86:7 122:23 132:14 147:17 151:22 165:14 194:10,24 218:23,24 225:10 226:17 227:21,22 269:3 293:23 technology 31:21 telecopier 6:19 7:8 telephone 3:7 6:18 7:7 tell 12:14 19:8 26:10 27:20 50:16 54:22 60:22 69:16 89:16 91:8 92:12 109:25 136:19 143:20 148:13 155:14 158:4 160:10 162:3 164:11,19 168:8 169:2 171:2 175:21 176:9 177:21 179:17 189:16201:13 205:3 206:15 218:8 220:20 228:13,13 238:4 248:17 292:14 293:3 298:3 telling 69:18 176:22 239:19 tells 128:19 temperamental 293:12,20 temperature 119:24 120:3,5,9 130:3,8 130:20 142:4 terphenyls 148:1 165:18 251:6,9,16,21 252:17 test 49:12 51:20 67:16,18,20 112:4,7,8,10 113:4 114:8 198:10 205:16 229:9 tested 55:4 56:23 70:21 145:16 148:4 169:13,14 194:7,10 198:13 205:18,19 212:20 213:17 243:4,6 testified 36:18 37:18,21 217:1 241:17 305:20 testify 9:12 116:4 118:24 119:1 167:4,5 231:25 241:15 250:21 252:12 305:18 testimony 36:7,8 37:25 38:11 63:6 94:8,22 97:24 98:2 104:5 106:13 110:4,9 113:25 115:18,21 116:11,12 117:18 129:12212:23 213:1 215:11 229:20,21,25 232:11 235:13 241:25 246:6 249:18 301:14 305:21,24 theorized 117:10,17 theorizing 116:8 theory 72:22 106:5,9 107:1 110:17 166:17229:15231:7,9,10 234:16 thereto 306:2 thermally 155:21 156:1,3 therminol 257:3,9,11,16,19 300:17 301:2,3 therminols 257:5,10,14 300:24 301:2 thesis 15:4,7,10,22 thing 158:16,18 197:13 220:22 237:11 253:12 262:25 269:4 304:15 things 17:2 38:4 61:7 81:11,24 83:14 94:4 103:12 146:16 162:23 166:8 179:3 220:25 221:2 237:21 252:23 253:17 268:3 272:22,23 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044965 [things - transport] things (cont.) threatened timer topol 294:17,21 141:22 270:9 214:15,17 think three times totally 18:1 22:16 26:12 27:10 26:1,1 29:17 31:1 34:7 35:9 39:9 43:17,20 117:19 51:23 120:22 263:3,14 31:6 33:17,23 42:3 64:1 36:3 43:17,20 45:13 46:5,9 144:23 162:23 180:6 touch 68:11,25 83:7 88:9 93:21 46:23 52:9 61:11 82:3,8,13 200:24 201:12 217:13 178:2 95:15,15 96:24 97:2,14 82:14 113:16 117:19 227:12 228:6 tower 101:12 104:8 107:4,5,10,16 119:17 140:12 144:3 timing 3:15 108:3,23 112:6,17,22,24 147:17 165:8 171:12 162:24 town 113:5 116:19,19,20,23 200:19 251:5 254:18 tires 236:8 126:10 129:24 130:4 thumb 158:14 townsend 131:22 132:21,24 133:17 172:17 tissue 288:2 134:4 136:2 138:8 140:4 thumbed 33:3,8 49:3,4 51:2,13 52:7 toxicity 146:17 151:2 156:11 42:7 56:23 191:12,16 112:4,9 157:24,25 158:2,3,18,25 tie tissues toxicological 163:8 172:22 175:8 177:5,8 266:8 32:20 294:22,23 23:3 177:16 179:2,5 180:3,5 tightly title toxicologist 182:12 183:7 188:22,25 105:16 131:23,24 20:17 46:6,8,10,12,14,19 23:9 28:14,15 189:4 190:11 192:10 till 46:22 47:2,5 55:13 173:6 toxicology 193:11,12,13 195:2,10 199:25 298:17,18 184:20 215:13 236:19 31:17 196:3,12 200:21 202:16 time 265:18 tp 204:18 206:1 207:2 212:17 8:10 11:1,23 14:24 16:7,20 toby 202:22 203:7 216:21 217:1 221:1,12 18:11 21:19 22:6 23:8 25:2 271:15 trace 222:10 225:18 228:10,11 33:2,3 34:5 35:7 38:20 today 128:25 198:23 231:6,8 232:25 233:23 41:20 42:12 44:17,24 46:16 8:6 12:2 18:11 28:5 29:4 track 234:10,12,17 235:9 236:1,8 47:20,23 49:14 52:21,24 34:6 35:7 38:12 40:18 41:6 251:22 240:2 243:15 245:1 255:6 53:9,13,15,17,23 54:2,8,15 42:2,9 57:10 64:22 69:22 tracks 258:3,16 262:1 263:9,13 54:17 57:1,7,13 58:2 59:16 109:25 113:3 185:15 70:24 266:11,14 269:5,5,6 270:14 59:18 61:15 62:9,12,24 197:14 199:25 200:20 trade 271:16 278:5,6,9 282:14 63:18,25 65:17,18,19 68:17 227:11 260:10,13,13,15 17:10 76:22 300:15 283:20 284:20,25 286:5 70:8 71:3 73:17 86:23 88:5 265:12 281:25 292:15 trademark 292:23 296:10 303:24 93:9 95:17 96:23 98:10,13 today's 174:10 257:18 301:20 thinking 101:16 102:12 103:17 8:2 304:19 train 123:21 280:24 285:3 105:24 106:25,25 115:6 toe 132:17 third 120:3 125:6 135:20 136:22 218:11 trained 120:3 136:24 141:25 143:19,25 tolbert 28:13,15 131:17 thirteen 144:3,12,21 145:3 146:24 242:13 training 259:21 155:24 156:12 166:14 told 16:21 thirteenth 167:4 168:21 170:21 97:15 150:15 176:3,6 220:9 transcribed 144:3 171:10 177:14 179:18,24 222:20 227:19 233:13 305:22 thirty 180:25 182:5,8 185:6 187:3 235:22 transcript 49:9 189:1,19 191:24 195:25 tolerance 241:24 242:2 305:21 306:3 thomas 196:14,20,23 197:5 198:1,3 191:19 transfer 288:4 200:8 201:2 202:17,24 tom 139:18,19 140:7,14,19 thought 203:15 206:2,13 207:9,12 269:8 288:2 155:17,21,22 156:2 185:20 102:15 105:19 162:9 208:5 211:13215:6 217:8 tool 193:23 255:20 257:6,12,15 221:10 230:14 247:22 217:10,17,18 220:2 222:10 5:109:1 304:11 thousand 222:16 223:20 224:1 226:5 top transferred 259:21 227:17 231:14 234:19 90:9 109:7,18 111:11 59:9 thousands 235:24 237:6,16 256:2 113:19 127:17 189:20,21 transformers 231:23 243:5 260:19 262:18,21 265:13 214:15260:7 301:10 302:3,8,25 thrashed 265:13,14,17 266:20 tope transient 221:13 269:23 282:6 289:18,18,20 214:16,17 28:2 threat 290:6,19 293:21 296:8 topic transport 191:15 298:16 304:16 15:7 66:10 207:2 219:14,15 230:14 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044966 [transported - usually] transported true (cont.) ultimate unexpected 127:15 198:8 207:5 228:17 80:1,5,7 81:3 88:21 106:21 62:6 66:23 204:14 303:10,21 135:3 140:16 166:21 188:2 um unexpectedly trap 197:21 198:2 207:25 228:3 24:7 45:10 46:11 49:23 204:13 105:5,14 120:7 121:1,15,17 231:14 306:2 79:16 86:9 88:17 133:10 union 123:2 126:5,17 127:5,13 truth 139:2 144:23 156:24 211:9 243:22 128:13,17 129:3,7,18 9:13,13,13 305:18,19,19 244:23 264:22 271:7 unique 130:14,20 133:16 146:14 try 276:14 291:21 75:23 146:18 263:11 297:25 11:1691:15 194:17247:16 unable unit 298:1 247:17 162:3 246:20 144:3,4 trapped trying unchanged united 105:6 121:16,18 122:4 50:12,1351:766:11 69:16 147:3 2:1 6:1 8:13,24 37:18 69:2 133:18 198:3,6 71:23 77:3 98:5 113:11 uncomfortable 136:13 137:16 139:11 traps 142:19 158:25 172:15 142:19 156:5,16 256:3 305:9 121:24 122:1,2,5,7,11 248:3 uncovered units trash tubular 183:9 184:1,4 111:14 144:1 192:13,16 203:3 148:13,20 149:19 150:8,8 undergraduate 236:11,15,23 237:3 302:10 travel tucker 13:23 university 206:17,23 52:20 287:9,11,12,12,14,18 underlying 13:23 14:5,11 16:19 30:7 travels 287:25 203:10 unnamed 126:5 turn underneath 70:23 treat 101:1,4 108:14 171:15 unquote 217:14 turned understand 19:5 treated 35:19 11:19 12:12 16:20 17:16 unsure 215:25 216:4,8 218:1 turner 19:5 29:10 30:12 42:23,23 158:19 treatment 287:7 50:23,25 51:1,18 53:12,14 updated 215:16,20,25 216:4,10 twelve 60:11 66:12 73:6 85:18,21 39:10 tri 33:13,14 144:1 96:6 117:19 118:16,17 upgrade 174:21 twenty 120:15 126:25 154:22 187:25 188:4 189:16 trial 48:15 271:23 180:8,10 197:20 214:23 190:12 204:6 9:25 242:5 244:20,21 twice 221:20 230:20 248:4 upgraded 305:11 64:15,16 110:7,24 253:14 293:1 185:18 190:9 tributary type understanding upper 70:23 50:4 12:5 35:17 55:25 92:9,23 24:17 282:20 288:11 tried types 94:11,12 100:18 108:21 upstream 92:7 162:23 163:2 38:25 109:9 110:10 111:14 112:1 71:11 72:14 114:25 triggered typewriting 114:3 129:14 130:1 138:14 usable 183:5 201:19 305:23 141:15 150:13 151:5 122:15 triggering typical 161:13 164:9 166:9,13 use 201:21 219:11 302:6 167:15 177:17 180:8 9:25 22:2 36:24 41:11 trillion typically 183:14 184:18 185:2,3,4 42:14 56:6,8,16 88:23 92:5 294:16 116:19 151:18 165:17,18 216:10217:5 219:10 99:5 101:16 104:18 115:7 trisodium 302:22 225:12 243:25 246:8 117:17 121:5 126:3 132:20 250:1 typo 266:14 267:22 152:4 157:9 158:10,20 trot 254:2 understood 181:16202:4,7,8 215:7 120:7 troutman 4:3 9:4 troutmansanders.com 4:9 truck 219:23 220:1 trucked 219:19 true 33:16 50:22 63:10 79:16 u u.s. 6:11 38:6 136:16 152:23 153:22 uh 46:23 49:14 64:8 100:5 155:20 175:2,4 238:25 242:25 284:12 uhl 214:16,17 269:25 undertake 210:4 217:14 undertaken 260:24 undertook 191:21 undetermined 305:9 undoubtedly 85:7 229:3 246:21 248:23 249:19 250:22 254:12 299:21 300:13,16 304:4 useful 25:8 uses 152:4 153:14,14,18,19 154:19 156:13 258:4 294:7 300:11 304:10 usually 174:22 294:21 299:7 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044967 [utilities - wheat] utilities venture vp water 302:17,20 136:25 153:24 154:6,6,14 265:16 49:2,24 51:9,19 64:1 78:10 utsi 154:20 155:1,4 vs 78:17 154:24 163:25 170:7 155:7 verbal 1:4 2:8 8:8 238:10________ 180:6,18 187:23 188:3,7,12 v 11:14 w 190:5,5,7,17,19 194:8,14 vacations 268:2 vague 72:4 220:19 vaguely 36:19 vaguest 192:14 valid 12:10 validate 34:20 valley 5:1 9:3 12:23,24 value 146:17 values 195:25 vapor 78:10,18,20,22 130:6,21 vaporize 206:22 vaporized 113:15 120:8 126:11,13 vaporizer 119:21 vapors 206:7,16,17,18,23 variables 132:13 varied 71:21 variety 23:21,24 29:23 33:7,8 59:13 154:16 193:6 264:12 303:11 various 24:16 35:21,23,25 39:2,25 51:21 53:6 66:7 77:1 96:14 105:11 129:15 137:19,21 155:19 162:23,23 194:16 195:9 200:24 201:12 251:20 254:21 258:4,23 290:17 vary 50:18 varying 84:1 vat 117:12 verification 107:10 verify 73:12 versions 39:14 versus 58:5 299:21 vice 25:12 video 73:22 videographer 8:1,5 42:17,20 73:16,19,23 87:23 88:2 142:1 145:3,5 145:10 181:2,5 207:11,14 207:19 265:1,5 304:19 videotaped 1:142:17 view 22:21 150:1 151:18 297:25 vince 277:4 Virginia 281:23 282:2 viscosity 78:10 viscous 177:25 visit 48:4 64:13 visited 47:20 48:6 64:15 261:4,8 visual 234:14 volatility 203:14 volatilized 203:16 volume 1:15303:13 volumes 258:6 voluminous 17:1 voluntarily 184:19 voluntary 185:1,2 VOSS 287:5 wade 287:3 wait 58:20,20 waiting 70:19 waive 10:25 waived 306:5 wales 136:23 153:24 154:1 walk 119:16,17 171:1,1 258:20 293:7 walked 94:23 walker 287:1 walls 157:22 290:24 waiter 6:11 8:13 284:2 want 40:2 42:11 51:17 66:5 74:6 75:1477:5 110:14,17 118:9 118:11 119:16,16,17 124:7 124:8,8 136:14 154:23 181:8 207:23 212:4 270:2 wanted 40:6,14,25 56:22 69:5 ward 286:24 washing 199:22 Washington 5:14 waste 104:5,12 116:21 117:1 183:16 184:2,4 192:12,16 194:21 202:13,20 203:4 215:16,20 219:7,11,22 224:23 225:3 226:23 227:3 227:5 228:1 236:11,15,23 237:3 wastes 166:11 193:10 watch 230:11 261:18 watched 194:19 195:14 197:6 198:11,14200:4,5,10,17,20 200:25 201:10,24 204:13 204:17205:19214:8 217:14218:1,5,14235:14 235:16,17 294:20 waters 62:7 200:1 215:25 216:2,4 216:7 228:17 waterways 69:1 187:15,21 232:9 watson 286:21,22 wax 304:8,9 waxy 178:1 ways 228:11,14 301:5,6 webb 286:19 weeks 38:22 40:16 41:2 82:16 wendlene 3:13 wendy 8:17 went 16:17 44:7 46:15 58:6,8,10 58:24 59:1,22 60:24 86:20 91:25 105:1 112:16,17 193:4 242:5 244:20 284:20 289:24 290:19 west 6:15 166:22 181:8,10 182:21 185:8 187:10 188:15,17 189:17 192:22 193:16 194:2 202:9 203:25 204:12 214:25 281:23 282:2 westvaco 3:128:18 we've 10:25 80:24 101:3 113:5 129:24 142:1 169:22 203:19 240:7 whatsoever 94:21 wheat 221:12,13 109:23 110:1 Kaley, Robert Ph.D. MCWANE WATER PCB-SD0000044968 [wheeler - yusho] wheeler workplace yusho 286:15,16 243:24 155:11,12 wiery works 7:2 9:6,6,16 42:4 161:19264:11,17 william 268:10 271:7,21 277:20 64:8 101:12 222:14 226:22 world williams 69:22 125:18 132:14 285:20,22,24,25 286:6,11 136:21 286:13 worse wilson 294:22 239:7 wright wind 269:19,21 206:24 write Wisconsin 102:19 5:13 written wit 16:1641:9 73:13 131:2,4 9:15 144:1 295:3 witness wrong 10:21,22 34:18 40:12 42:14 55:13 97:5 175:9 195:13 117:16 134:20 159:9 276:10 172:24 199:12 305:14,16 y 305:25 306:4,11 wlavey 3:20 wobus 285:18 wood 12:20 203:2 word 110:15 132:20 300:20 words 29:8 41:24 104:18 293:13 work 13:1,4,5 14:17 15:1,12,19 15:24 16:2,4,15,15,17,22 16:25 17:16 18:5,8,13,14 18:15,22 21:5 31:9 32:24 33:6 42:24 43:2,4,6 44:7,16 44:19,25 45:2,6,10,12 47:16 50:16 52:17 54:5 56:3,7 57:23 58:1,3 60:24 65:12 67:13 70:19 126:17 183:8 192:5,7,8 220:11 258:20 260:5 264:20,21 291:10,14,16,25 292:3 worked 20:12,15 45:25 103:17 131:7 177:13 222:7 264:11 264:14,15,15 269:12 270:3 270:11 worker 137:10 268:10 workers 178:19 256:4 working 16:14 17:4,12 29:24 60:4,5 yale 30:7 yards 228:18 229:7 230:13 231:5 233:19,22 yeah 17:9 42:13 48:14 79:16 87:15 108:3 118:6 122:2 124:15 186:18 191:24 220:2 235:16 244:24 254:2 263:9 271:6 278:8 282:14 285:25 302:17 year 36:2 46:12,24 47:25 48:15 60:1461:17,1871:1885:25 88:13 157:5 193:11 199:25 259:18 260:3,21 years 10:5 16:5 19:18,18 20:22 33:5 34:4 35:9 36:3,16 46:5 46:9,18,23 49:9,9 52:10 57:14 70:15 93:9 98:12 119:4 131:8 141:18 160:8 168:24 171:12 177:11 208:15 231:19 254:19 269:7 271:23 290:5 yen 247:16 yesterday 40:22 york 45:11,18 young 29:1 131:8 Kaley, Robert Ph.D. MCWANE