3

HINDEX TO EXHIBITS (Continued) ^y EXHIBIT DESCRIPTION IDENTIFIED ADMITTED C-6 Memo dated 1/12/72 to 123 185 D. J. Platt from J. N. Stein with attached Pollution Control Equipment Survey C-13 Five DER Bureau of Labor- 49 atories Special Analyses Reports C-25 Four-page "Safe Practice . 129 186 Data Sheet" for trichloroethylene C-34 Memo dated 1/3/84 to 132 ' 188 R. C. Williams from T. M. Kohn regarding hazardous waste information with 'attached documents C-59 Purchase Orders for 131 186^; trichloroethylene ^i C-121(a) Map of Westinghouse plant 22 72 site showing plant storm j drain and sanitary sewer systems C-121(b) Map of Plant Operations 80 184 Layout i || C-121(c) Map of Location of Potential 91 184 Source Areas '

FOR - WESTINGHOUSE D-l Report of Industrial Waste 165 189 Survey dated 7/24/73 and Repor••* • t- of^ Industria^ * • l« • Proces«* s Emissions Inventory (Stack Sampling) dated 10/9/73 . prepared by Buchart-Horn

CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION BR305S79 HARRISBURG, PA 17108 TELEPHONE (717) 533-2195 1 ^2 JUDGE FITZPATRICK: This is a civil 3 penalty complaint proceeding initiated on August 16, 4 1988, by the Department of Environmental Resources 5 against Westinghouse Electric Corporation. This 6 proceeding is docketed at EHB Docket No. 88-319-CP-F. | 7 In its complaint, DER seeks imposition 8 of a $9,081,336 civil penalty on Westinghouse for 9 alleged violations of the Clean Streams Law at 10 Westinghouse's elevator manufacturing plant in 11 Cumberland Township, Adams County.. 12 There is also an appeal which has been 13 consolidated with this civil penalty complaint proceeding, ^__J 14 This is an appeal by Westinghouse from a DER Order 15 requiring Westinghouse to resume operation of an air 16 stripping tower at the Adams County site. This appeal I 17 was docketed at 88-296-M and was originally assigned M , - | 18 to Board Member Robert Myers prior to the consolidation i 19 of the two cases. s 2' 20 I am Terrance J. Fitzpatrick, the Board j | 21 Member assigned to this proceeding. • 8: 22 A few preliminary matters before we a* ' ' . • - \ 23 begin. First of all, I note that in the civil penalty 24 complaint proceeding, Westinghouse filed preliminary 25 objections along with its Answer to the Complaint.

SR305680 17

2 adequate discovery in those experts, I will not hear 3 their testimony this week of either of those experts. 4 We will hear it at some later date. 5 In the meantime, I would like the 6 Department and Westinghouse to see if they can agree i 7 on discovery procedures between the two hearings so 8 that you are both prepared to cross examine those 9 witnesses at a later hearing date. So, maybe by the 10 end of this week before we conclude the hearing, you 11 can work out an agreement for doing that by that time.. 12 MR. ARMSTRONG: Certainly. 13 JUDGE FITZPATRICK: All right. 14 MR. ARMSTRONG: And we have nothing 15 further. 16 JUDGE FITZPATRICK: Thank you. s 17 Ms. Young, are you prepared to call your ! 18 first witness? 19 MS. YOUNG: Yes. I would like to make 20 a brief opening statement, if I may? 21 JUDGE FITZPATRICK: Go ahead. 22 . MS. YOUNG: The Department, in support 23 of its civil penalty action, is prepared to present 24 evidence at this hearing which will demonstrate that 25 as a result of a pattern of negligent and sloppy handling

HR3Q568I 18 ^J 1 2 of volatile organic compounds at the elevator plant, 3 that very high levels of these compounds ended up in 4 the groundwater and soils and .surface waters in and 5 around the Westinghouse facility. 6 We intend to call a number of people I 7 who have worked at that plant to testify regarding a various practices involving these chemicals. We intend 9 to call people from the Department who will testify 10 regarding the Department's investigation of this 11 situation, including some individuals who did a lot 12 of sampling of off-site residential wells where these 13 contaminants were discovered. ^ 14 We also intend to present evidence 15 regarding the toxicity of these chemicals and the impact 16 that it would have on the people drinking these i 17 chemicals . And we also intend to present evidence that I 18 there is no other potential source of this contamination I 19 in the vicinity of the plant site and that Westinghouse o 20 alone is responsible for this situation and has caused M* K 21 this situation. S r o u 22 So, today we are going to call an O tf * W 23 individual from the Department who first discovered 24 the situation, and then I am going to proceed to call 25 some Westinghouse employees to talk about practices at

^

fiR305682 19 1

2 the plant site. 3 JUDGE FITZPATRICK: All right. 4 MR. ARMSTRONG: Could I respond briefly? 5 JUDGE FITZPATRICK: Well -- 6 MR. ARMSTRONG: If not, that's fine. i 7 JUDGE FITZPATRICK: I think at the S beginning of your case, I will give you a chance to 9 make an opening statement, Mr. Armstrong. 10 MR. ARMSTRONG: Thank you. 11 . JUDGE FITZPATRICK: Call your first - 12 witness, Ms. Young. 13 MS. YOUNG: The Department calls Durand 14 Little. ^ 15 DURAND LITTLE, having been 16 duly sworn, was called as i 17 a witness and testified as 1 13 . follows: •i 19 «• 20 DIRECT EXAMINATION I 21 i BY MS. YOUNG: o 22 5 Q State your name? X M 23 A Durand Little. 24 Q Mr. Little, would you please describe 25

N

AR305633 • 20

2 your education past high school? 3 A I have a four-year degree in biology 4 from the Pennsylvania State University, 5 Q By whom are you employed? 6 A The Commonwealth of Pennsylvania, | 7 Department of Environmental Resources, Bureau of Water 8 Quality Management. 9 Q How long have you been employed by the 10 Department? 11 A Approximately, eleven years. 12 Q What is your position with the Department? 13 A I am a Water Quality Specialist. V_y 14 Q Have you been in that position for 15 eleven years? 16 A Nine of those years. Prior, I was a • 17 . Water and Sewage Treatment Plant Operator. i s 78 Q Could you describe your duties as a s 19 Water Quality Specialist? o i 20 A To inspect industrial waste arid sewage I 21 treatment plants on a regular basis and to handle any 8 22 spills or fish kills, do investigations, any complaints o » 23 involving waterways, underground surface waters. 24 Q Have you ever conducted any inspections 25 or investigations related to the Westinghouse elevator

SR3G5681* 21

2 plant in Adams County? 3 A Yes, I did. 4 Q Could you explain the circumstances of 5 your investigating this facility? 6 A Originally, it was in August of 1983. 7 Mr. George Coleman had called me at my home, at my 8 residence. I had known Mr. Coleman through an 9 acquaintance, and he stated to me at that time -- 10 .MR. ARMSTRONG: Your Honor, I will 11 object to that as hearsay. 12 JUDGE FITZPATRICK: Ms. Young? 13 MS. YOUNG: He is just giving essentially 14 background about what brought this to his attention. 15 MR. ARMSTRONG: Then I would withdraw 16 the objection on background, Your Honor. It's just that 17 I will only make such objections when it goes to the 18 issues before the court. 19 JUDGE FITZPATRICK: All right. You can 20 proceed, Mr. Little. 21 THE WITNESS: Okay. As I stated, he 3I tyj related to me that he had concerns about a little stream a s 23 near his property which is directly in front of the 24 Westinghouse plant site because his home is, in fact, 25 in front of the Westinghouse plant. He had been using

AR305685 22 v^ 1 2 this stream for a water source for his little garden 3 on that side of the roadway. He was concerned because 4 he said he noticed a discoloration at times, an odor, 5 and he wasn't sure what was going on, but he had some 6 theories about what was going on. He wanted me to i ' 7 investigate it and try to find out what the situation 8 was and if there was, any danger to him and/ or his 9 garden that he was operating nearby. 10 BY MS. YOUNG: 11 Q What did you do in response to Mr. 12 Coleman1 s phone call? 13 A I proceeded the following day or two ^ 14 afterwards to go to the site and secure a stream sample 15 and to speak to Mr. Coleman about the situation. 16 MS. YOUNG: I am going to show you a i 17 map of the area. sX 18 This is a map from the RIFS report i 19 which I had indicated in my exhibit list in C-121 that 2 20 I was going to have some additional maps . This could w 1X 21 be marked as C-121(a). 22 JUDGE FITZPATRICK: All right. D If £ 23 Map of Westinghouse plant site 24 showing plant storm drain and sanitary sewer systems -- 25 ^

AR305686 23

2 produced and marked for identification as Common- 3 wealth Exhibit No. C-121(a). 4 BY MS. YOUNG: 5 Q Mr. Little, I am showing you a document 6 which purports to be a map of plant storm drain and 7 sanitary sewer systems. Is this map consistent with 8 your observations regarding the Westinghouse facility 9 and Mr. Coleman's residence? 10 A Yes, it appears to be. 11 Q I am going to give you a blue pencil, 12 and can you indicate approximately where Mr. Coleman's 13 residence is on this map? 14 A I believe it would be this structure 15 here, if I'm not mistaken. (indicating) 16 Q You are indicating a building that is 17 just to the left of where "Biglerville Road" is written? 18 A Yes. Just right of the "525" contour 19 numeral. 20 Q Do you recall approximately how far Mr. s 21 Coleman lived from the Westinghouse plant? • . 22 A It's just a matter of a few hundred feet. 23 It's in front of the plant, it would be almost directly 24 in center of the actual elevator plant itself, along 25 Route 34, along the roadway.

AR3G5687 24

2 Q Can you describe generally where the 3 Westinghouse elevator plant is located? 4 A From Gettysburg, do you mean? 5 Q Just the general area of where it is 6 located? 7 A It's Cumberland Township, Adams County. 8 It's on Route 34 north of Gettysburg Borough, approxi- 9 mately one mile. 10 Q When you were at Mr. Coleman's house, n you said you sampled a nearby stream? 12 A Yes. It would be the stream that crosses 13 the roadway coming from this culvert on the west "side of Route 34. is Q Can you just mark with a "C" that culvert 16 that you indicated on the map? 17 A Well, this actually shows a catch basin s 1B according to this terminology. This would be the catch I 1199 basin, so this corrugated metal pipe would be this line 20 here, (indicating) I 21 Q you are indicating that -arrow pointing 22 to tne "Outfall to Eastern Tributary" at the bottom of 23 the map? 24 A Yes. 25 Q You said that there's a culvert there

SR3G5688 25

2 that discharges to a stream? A Yes. It's a small unnamed tributary of Reck Creek. It's very small little stream, but 5 the headwater is essentially this catch basin arrangement. g Q Where did you take samples when you were 7 out that day? 8 A Originally, the first sample I obtained was that in this little tributary on the east side of 10 Route 34, somewhere in this location. (indicating) 11 Q In the stream? 12 A Yes, a natural stream sample. 13 Q Did you take any other samples on that 14 day? 15 A Not on that day, no. 16 Q Were you on the plant site that day? A No, just on Mr. Coleman's property and 18 that stream location. 19 Waste Discharge Inspection 20 Report dated 8/17/83 -- produced and marked for identification as Common- wealth Exhibit No. C-l.

23 BY MS. YOUNG: 24 Q I am handing you a document that has 25 been marked for identification as Exhibit C-l. Do you

ftR305689 I' •. 26

2 recognize this document, Mr. Little? •> A Yes. This is a copy of an Inspection 4 Report which I had written up the following day upon 5 coming back from Mr. Coleman's property and interviewing him further on the situation. 7 Q On this Inspection Report, do you indicate 8 the sample locations? 9 MR. ARMSTRONG: Excuse me. Your Honor, 10 we object to a reference to C-l as having been identified 11 too late to be used in this proceeding. We never knew 12 of C-l until a copy of it was delivered. It was never 13 identified in any of the filings required by the Board in its rules and orders of Your Honor and the Board and 15 the Secretary. It was never described. We never knew 16 of it, and we first saw it on last Thursday — this is Monday, December 4, and last Thursday, November 30th, 18 a copy of this arrived at our office. Due to the 1 pressures of finishing up a matter in the federal court 20 last week and getting here and getting ready, this is 91 literally the first time I have ever laid eyes on the oo document. Mr. Komoroski would have seen the bulk of 23 them last Thursday afternoon or evening. 24 We object to its use. 25 JUDGE FITZPATRICK:. Ms. Young?

ftR3Q569Q 27 1

2 MS. YOUNG: Your Honor, we had indicated 3 all along that we were going to use documents from our 4 files, our Bureau of Water Quality files, in support of 5 this civil penalty action, and we have produced all of 6 those files in discovery. This document was certainly i 7 available to Westinghouse for copying and review fairly 8 early on in the procedure. I don't know whether they 9 copied it or not, but we certainly did disclose this 10 document to them and did not remove it from the file 11 or anything to that effect. 12 JUDGE FITZPATRICK: It doesn't appear to 13 me that this document is that complicated that it would 14 require a tremendous length of time to review it in order '' 15 to cross examine this witness. If Westinghouse would 16 basically argue with me on that point, perhaps I would i 17 consider coming up with some sort of allowing them to s « 18 recall Mr. Little perhaps at a later date to cross examine 19 him on this this, but it doesn't appear to me to be the 20 kind of document which is going to present that sort of 21 problem. 22 I would overrule the objection to the D CO. . MYONNI , NJ 0»00 » •

u 23 document based on that. I will allow you to proceed, 24 Ms . Young . 25 MS. YOUNG: Thank you. Could we have the

SR30569I , 28

2 last question read back? 3 (Last question read back: "On this 4 Inspection Report, do you indicate the sample locations?") 5 THE WITNESS: Yes. I indicate that I 6 have secured a sample at the unnamed trib of Rock Creek. I 7 BY MS. YOUNG: 8 Q Could you explain how you collected that 9 sample? 10 . A It was normal procedure, collected a 11 VOA -- volatile organic sample -- using a 40 milliliter 12 glass sample bottle whereby you immerse the sample bottle 13 in the stream location, making sure that you do not have V_y 14 an air gap between the cap of this bottle to make sure 15 that you have proper and accurate sample. 16 MR. ARMSTRONG: I don't know, Your.Honor, s 17 whether this document is in evidence or not? »t s 18 JUDGE FITZPATRICK: No, it's not. I 19 MR..ARMSTRONG: So that the record • * .20 discloses thus far just the answer to the question? M I 21 . JUDGE FITZPATRICK: Yes. We will discuss « 22 whether these documents are admissible at a later point. < s 23 The way i prefer to handle that is to have the Cotnmon- 24 wealth move everything in at the end of the case and 25 then we will discuss that.

AR305692 29 1 V 2 MR. ARMSTRONG: So the record shows it 3 now because of Your Honor's statement earlier in the few 4 seconds, perhaps minutes, that I have had to take a look 5 at it while also trying to listen to the witness, the 6 document contains hearsay representations by yet a third i 7 party which are absolutely central to the issues of the 8 case. 9 JUDGE FITZPATRICK: We will address that 10 at a later point. You will get your chance to make that 11 objection, Mr. Armstrong. 12 BY MS. YOUNG: 13 Q Mr. Little, if you refer to Exhibit C-l, 14 do you see the area where it says, "Remarks," and under- v 15 neath it, there is some handwriting? 16 A Yes. i 17 Q Could you explain what that writing there a 18 is? 19 MR. ARMSTRONG: I object to the form of o 20 the question. What does that mean: "Explain what the 21 writing is?" Is she asking him to read it? 22 MS. YOUNG: I am going to ask what .the 23 purpose of that is and what he was doing when he wrote PENCA O CO. . lATONNE HJ 24 that information there. 25 JUDGE FITZPATRICK: I will overrule the

N

AR305693 1 30

^"•^—• • / *\ objection. 3 THE WITNESS: It's simply a matter of 4 stating as we do on any Inspection Report like this, 5 what we had seen, heard or observed in any investigation 6 of this nature. It's just remarks explaining how this

I 7 was initiated and what I had seen and heard on site. 8 BY MS. YOUNG: 9 Q Did you take note of remarks that Mr. 10 Coleman made to you when you were at the site? 11 A Yes. 12 Q Were you writing down what he was saying 13 to you at the time? \^_J 14 A Not immediately at that time, but I 15 prepared that report while I was still on the site on 16 that day. .

I 17 Q Did Mr. Coleman make the statements that I « you reported while you were at the site that day?

I ^ A Yes, he did. i 20 Q Going back to your sampling, could you explain how you brought those samples to the laboratory? I 8s 22 A On that particular occasion, it was a S 23 matter of hand delivering those samples to our laboratory 24 on Reilly Street, putting those samples in a secured area 25 in the lab, and having the lab process them the next day. 31 i

2 MS. YOUNG: At this time, I have a 3 document which I have not previously used, but I thought 4 that Westinghouse would stipulate to the authenticity of 5 our laboratory results at the time that I submitted my 6 document. This document is just one of the lab reports 7 from this particular sample we're referring to, which 8 I have not had a chance to make enough copies. 9 MR. ARMSTRONG: I don't know whether there 10 is a representation being made that we have been given 11 this before or not. 12 MS. YOUNG: It was produced in our files. 13 I don't know to what extent you reviewed it or whether 14 you copied it. It's also information that is tabulated ^ 15 in the RIFS reports of your consultants as far as the 16 DER sample results. 17 MR. ARMSTRONG: Your Honor, that a document 18 is from the Department's files is not a compliance with 19 the rules of this Board. This Board, in its many orders, 20 have required, the documents intended to be used have to 21 be identified. We have to be shown them, given an 22 opportunity to see them during the discovery phase 23 of the case, when in accordance with the prior document, 24 we would have taken Mr. Coleman's deposition, if this 25 wasn't the first time I was hearing them. And in this

AR305695 . , • 40

2 the testimony to go forward at this point. As far as 3 reading the numbers, I think maybe we can address that now. I will allow the witness to read those figures 5 into the record, but of course, that is going to be 6 subject to some further proof at a later point. That I 7 doesn't mean that I'm going to rely on them or that I 8 would treat this witness's testimony as having 9 established that those numbers are accurate. But I 10 will allow him to read them into the record as what 11 he got back from the lab at this point. 12 We will just have to wait until later 13 evidence to determine whether or not the Board thinks ^—^ 14 they are valid or not. So, I will allow you to go 15 forward, Ms. Young. 16 DER Bureau of Laboratories i Special Analyses Report on » 18 sample taken 8/16/83 -- 8 produced and marked for identification as Common- ! 19 wealth Exhibit No. C-l(a). 2 20 | BY MS. YOUNG: ", Q I am handing you a document which has s ** 3 been marked for identification as Exhibit C-l(a). Will s 23 you please identify that document? 2g A This is the actual chem sheet that I had

SR305696 41

2 filled out on that day and the results listed as they 3 were returned to me from our laboratory. Q What did the laboratory indicate as the 5 results of their sampling? 6 A For this surface water sample of this 7 unnamed tributary, they listed trichloroethylene -- TCE 8 -- as 2 micrograms per liter or parts per billion; and 9 1,1,1 as 4 parts per billion. 10 Q Did you do anything as a result of 11 receiving that information from the laboratory? 12 A Well, it obviously raised the question 13 in my mind that there is some problem here somewhere 14 at some source, so I proceeded to take some well samples. 15 I took one at Mr. Coleman's residence and approximately 16 an equal distance south of that stream location at a Mr. Gallatin's residence. 18 Q By the way, what is the date on that 19 lab report that you got that information back from the 20 lab? 21 A August 16, 1983. 22 Q Is that the date you submitted it to the 23 lab? 24 A That's the day I did the sampling and 25 submitted it.

SR3G5697 42 1 2 Q Is there any indication of when the lab 3 completed the sampling and indicated to you what the 4 results were? 5 A Mr. Maljevac, the analyst, completed and 6 confirmed the sampling as of August 22. 7 DER Bureau of Laboratories 8 Special Analyses Report of G. Coleman well sample taken 9 9/7/83 -- produced and marked for identification as Common- 10 wealth Exhibit No. C-l(b). 11 DER Bureau of Laboratories 12 . Special Analyses Report of K. Gallatin well sample taken 13 9/7/83 -- produced and marked for identification as Common- 14 wealth Exhibit No. C-l(c). 15 BY MS. YOUNG: 16 Q I am handing you two documents: one marked 17 C-l(b) and one marked C-l(c). Would you please identify 18 those documents? 19 A C-l(b) is ny chem sheet relating to the 20 sampling of Mr. Coleman's residence. 21 C-l(c) would be the chem sheet relating 22 to the sampling of Mr. Gallatin's well. 23 Q When did you take those samples? 24 A On September 7, 1983. 25 Q Could you explain how you collected those

6R305698 43

2 samples? 3 A In both instances, it was at a tap. I believe Mr. Coleman's tap was in his basement, and 5 similarly, Mr. Gallatin1s, at a source close to the actual 6 well near the pressure tanks, I believe in both instances. 7 But in any case, they were sampled in the same manner 8 with the 40 mil VOA bottles, standard sampling bottles 9 for VGA's. 10 Q These were wells that were used? 11 A Private wells. 12 Q Private wells used by people in their 13 homes? 14 A Yes. 15 Q Referring back to the map which has been 16 marked as C-121(a), do you remember approximately where 17 Mr. Gallatin's residence was? 18 A It's on the opposite side of the road, 19 that would be east of Route 34. Like I said before, 20 it's approximately an equal distance from Mr. Coleman's 21 house to the stream. So, it's somewhere in this location «o down here. (indicating) 23 Q Would you put a little "G" next to that 24 circle for "Gallatin?" 55 (The witness complied.)

SR305699 44

2 BY MS.•YOUNG: *j Q That's just the approximate location of his residence? 5 A Yes. Q When did you get the results back from 7 the lab on these residential well samples that you had 8 taken? 9 A I'm not sure of the exact date, but 10 Mr. Maljevac signed off on September 13 that they were 11 completed, the tests had been completed. 12 Q Do you recall how you transported these 13 well samples to the lab? 14 A As I recall, these were both hand 15 delivered, also, in these cases, to our lab. 16 Q What did the lab report have as its 17 findings in these samples?

X o T8 MR. ARMSTRONG: I don't know if I should 19 rise each time. I should at least note for the record 20 that our position is exactly the same, Your Honor, on | 21Z1 C-l(b) and C-l(c) as it was on C-l(a). 22 JUDGE FITZPATRICK: I understand. I 23 think you have an objection to his reading them into 24 the record to establish their validity? 25 MR. ARMSTRONG: Yes.

SR3G5700 45 1

2 JUDGE FITZPATRICK: And as I stated, I 3 will allow them to be read in. This is going to be 4 subject to further proof as far as whether they are 5 persuasive or not. 6 THE WITNESS: Anyway, the sample for ! 7 the Coleman residence, we obtained results that indicated 8 it had a TCE level of 650 parts per billion and a 1,1,1-TCE 9 level of 80 parts per billion. 10 Also, the Gallatin residence, they had

11 a TCE level of 45 parts per billion, and a 1,1,1-TCE level 12 of 32 parts per billion. 13 BY MS. YOUNG: 14 Q Did you do anything as a result of these 15 findings by the -lab that the Gallatin residence and the 16 Coleman residence had TCE and 1,1,1-TCE in their wells?

•«t 17 A I may have called Mr. Coleman, but nothing

•X o 18 Ik officially. This was submitted, then, to other Department I 19 officials specifically or people involved with Community 20 and Environmental Control, who actually had written them 21 letters stating the condition of their well water. 22 Q Were you ever present when samples were 23 collected from the stream bank near the Coleman residence? PENCA D CO. . lAYONNE , N.J 24 A On one occasion some point later, I can't 25 recall exactly, I was with the Bureau of Solid Waste

1

AR30570I 46

2 personnel and they obtained a soil sample from the 3 stream bottom at that time. Q Did you observe anything unusual about 5 the stream bank at that time? 6 A Well, the soil sample was dark, but then 7 given the storm water runoff situation from parking lots 8 and everything, that was not unusual, but it definitely 9 had an industrial chemical type odor to it. 10 Q Do you remember who was with you that 11 day when the soil was taken from the stream bank? 12 A Only the one person in particular, which 13 is Joel Steigman with Solid Waste. 14 Q Do you know who Ken Hess is? 15 A Yes. 16 Q Who is he? 17 A He is still, I believe, a supervisor 1 fl of plan engineering at the Westinghouse site. 19 Q Did you ever have any conversation with 20 Ken Hess regarding the disposal of trichloroethylene? 21 A At one point •-- 22 MR. ARMSTRONG: Excuse me. I think, 23 Your Honor, the answer to that question is "yes" or 24 "no." 25 THE WITNESS: Yes, I did.

6R305702 49

2 Five DER Bureau of Laboratories Special Analyses Reports -- 3 produced and marked for identification as Commonwealth 4 Exhibit No. C-13. 5 BY MS. YOUNG: 6 Q Would you identify what has been marked 7 as C-13? 8 A This appears to be a copy of a chem sheet 9 that I conducted sampling of the sanitary sewer which runs 10 parallel to Route 34 in front of the Westinghouse 11 company site. 12 Q What is the date of that sampling? 13 A December 14, 1983. 14 Q You are referring to the first page of ~" ; 15 this document, C-13? 16 A Yes. 17 Q What is on the second page of C-13? 18 A It's another sampling that I did at that 19 same date at another point on this same sanitary sewer. 20 Q On the first page of C-13, you have the 21 word "upstream" in quotes there? 22 A Yes. 23 Q What does that mean? 24 A It's just an indication to keep it clear 25 in my mind that there was a sampling of the sanitary

AR305703 50

2 sewer at a point above the elevator company location. 3 In other words, actually as I have it written down here, 4 it was at a point next to the intersection of Route 34 5 and Township Route 341. Q Do you remember how you transported that 7 sample back to the laboratory? 8 A As I recall here, too, I hand delivered 9 those samples to our laboratory. 10 Q What did the laboratory report as its 11 : findings on that upstream sample show? 12 MR. ARMSTRONG: 'Your Honor, excuse me. 13 Could we object to this document on the same grounds 14 as previously stated for the other documents having 15 been never identified by the Department and shown to 16 us only last Thursday and containing information 17 analyzed by others without that proper foundation 18 having been laid. 19 JUDGE FITZPATRICK: All right. I will 20 allow the testimony to go forward and just again state 21 that Mr. Little's testimony does not establish the 22 validity of the test results and that will have to be 23 established by other witnesses. I will allow the 24 testimony to go forward. 25 THE WITNESS: • Again, this was just a

BR3Q57QI* 51 1

2 standard TCE scan done by the lab. On this particular 3 sampling of the upstream, so to speak, sample, they 4 did not detect any trichloroethylene compounds.

5 BY MS. YOUNG: 6 Q Referring to the second page of the 7 document, you have indicated a sample in quotes, "down- 8 stream?" 9 A Yes. 10. Q What do you mean by "downstream?" 1"1 A That was at a point several hundred feet 12 south of the Westinghouse main entrance. 13 Q Do you remember how this sample was 14 transported to the laboratory? 15 A Again, by hand delivery. 16 Q What were the results of the laboratory * 17 reported on this sample? 18 A They indicated that a TCE level of 19 8 parts per million was obtained and a 1,1,1 level of 20 23 parts per billion. 21 Q Is that parts per billion or parts per 22 million? 23 A Excuse me, parts per billion -- micrograms 24 per liter. 25 MS. YOUNG: I have no further questions.

«R3Q5705 52

2 JUDGE FITZPATRICK: Cross examination, 3 Mr. Armstrong? 4 MR. ARMSTRONG: Yes. 5 CROSS EXAMINATION 6

7 BY MR. ARMSTRONG: 8 Q The sample, Mr. Little, that you took 9 from the stream in August of 1983, tell us what was 10 the nature of the water flow on that day at that 11 stream point? 12 . A It appeared to be fairly minimal. I 13 recall the depth of the actual stream was maybe six 14 inches at the most, and if I recall correctly, it was 15 clear and I don't recall that it had any particular 16 odor. 17 Q You were not aware of any odor from the 18 stream? ' 19 A No, not as I have recorded on my 20 Inspection Report. 21 Q Nor of any discoloration? 22 A No. 23 Q How did you take that sample? 24 A It's a matter of physically immersing 25 the sample bottle in the stream, allowing it to fill and

6R3G5706 72 1

2 on crucial issues in the case is so prejudicial to us, 3 it's the unfairness of being able to defend the thing 4 because of the way the document, has been handled. 5 JUDGE FITZPATRICK: My ruling on this 6 is, I will admit C-l into evidence, but I will not 7 treat the hearsay statements from Mr. Coleman as being 8 made for the truth of the matter asserted. I will admit 9 this solely to show that Mr. Little did, in fact, do 10 an investigation and the circumstances, perhaps, that 11 led him to do that, but I will not treat Mr. Little's 12 characterization of Mr. Coleman said as going to prove 13 any of the issues in this proceeding. 14 With that statement, I will admit 15 Exhibit C-l, and also, I will admit Exhibit C-121(a) 16 into evidence. 17 Commonwealth Exhibits Nos. 18 C-l and C-121(a), previously identified, admitted into 19 evidence. 20 JUDGE FITZPATRICK: Are you prepared 21 to call your next witness, Ms. Young? 22 MS. YOUNG: Yes, I am. The Department 23 calls Thomas Romito. 24 25

SR3057Q7 184

2 further questions. 3 JUDGE FITZPATRICK: All right. You are 4 excused, Mr. Romito. Thank you. 5 (Witness excused.) 6

7 JUDGE FITZPATRICK: Ms. Young, what 8 exhibits do you wish to move into evidence at this time? 9 MS. YOUNG: I would like to move for 10 admission of the maps that I had marked, C-121(b) and 11 C-121(c) -- 12 MR. ARMSTRONG: Should I respond as we 13 go along? 14 JUDGE FITZPATRICK: Yes, we can do it 15 that way. 16 MR. ARMSTRONG: No objection to either 17 of those. 18 JUDGE FITZPATRICK: Commonwealth's 19 Exhibits 121(b) and 121(c) are admitted into evidence. 20 Commonwealth's Exhibits Nos. 21 C-121(b) and C-121(c), previously identified, 22 admitted into evidence. 23 MS. YOUNG: I would also move for the 24 admission of C-4, C-6, C-2, C-25, C-5, C-59, and C-34. 25 .

ftR305708 185 1

2 JUDGE FITZPATRICK: Any objection to 3 C-2, Mr. Armstrong? 4 MR. ARMSTRONG: No objection. 5 JUDGE FITZPATRICK: C-2 is admitted into 6 evidence. 7 Commonwealth's Exhibit No. 8 C-2, previously identified, admitted into evidence. 9

10 JUDGE FITZPATRICK: How about C-4? 11 MR. ARMSTRONG: No objection. 12 JUDGE FITZPATRICK: C-4 is admitted 13 into evidence.

14 Commonwalth's Exhibi' t No. 15 C-4, previously identified, admitted into evidence. 16 17 JUDGE FITZPATRICK: And C-6? 18 MR. ARMSTRONG: No objection. 19 JUDGE FITZPATRICK: C-6 is admitted into 20 evidence. 21 Commonwealth's Exhibit No. 22 C-6, previously identified, admitted into evidence. 23 24 JUDGE FITZPATRICK: C-25? 25 MR. ARMSTRONG: No objection.

SR305709 1 186

^^ 2 JUDGE FITZPATRICK: C-25 is admitted 3 into evidence. 4 Commonwealth's Exhibit No. 5 C-25, previously identified, admitted into evidence. 6

I 7 JUDGE FITZPATRICK: C-5? 8 MR. ARMSTRONG: No objection. 9 JUDGE FITZPATRICK: Exhibit C-5 is 10 admitted into evidence. 11 Commonwealth's Exhibit No. 12 C-5, previously identified, admitted into evidence. 13

^_y 14 JUDGE FITZPATRICK: C-59? 15 MR. ARMSTRONG: No objection. 16 JUDGE FITZPATRICK: C-59 is admitted

I into evidence . 18 Commonwalth1 s Exhibit No. 19 C-59, previously identified, admitted into evidence. 20

21 JUDGE FITZPATRICK: C-34? 22 MR. ARMSTRONG: I am hesitating because 23 I am having a problem reading the handwritten portion. 24 This, again, Your Honor, is one that I would reassert 25 the objection based upon it never having been identified

ftR3057iO 201 i 2 order of witnesses tomorrow, then? 3 MS. YOUNG: Tomorrow, I would start with 4 Jerry Schilling, who I am subpoenaeing, followed by 5 Bernard Kerns, who is also coming under subpoena, and 6 then after that, I think I will take Frank Fair from 7 our Bureau of Waste Management. I don't know if I can 8 get through more than that tomorrow or not. 9 JUDGE FITZPATRICK: Does that answer your 10 question, Mr. Armstrong? 11 MR. ARMSTRONG: Yes, thank you. 12 JUDGE FITZPATRICK: At thic point, we will 13 recess until 10:00 tomorrow inorning. 14 (The hearing recessed at 3:55 p.m.) 15 16 * * 17

18

19 I hereby certify that the proceedings 20 and evidence taken by me in the within matter are fully 21 and accurately indicated in my notes of testimony and 22 that this is a true and correct transcript of same.

23 24 25 Marlene L. DePanfjLlis Court Reporter

AR3G57M VOLUME III 437

COMMONWEALTH OF PENNSYLVANIA ^ ENVIRONMENTAL HEARING BOARD

WESTINGHOUSE ELECTRIC CORPORATION Versus Docket No. 88-319-CP-F COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES

Verbatim transcript of hearing held in Hearing Room B, 101 South Second Street, Harrisburg, Pennsylvania, on Wednesday, December 6, 1989 10:00 a.m. * * *

BEFORE: TERRANCE J. FITZPATRICK, Member

-^ APPEARANCES : - DICKIE, McCAMEY & CHILCOTE Two PPG Place Pittsburgh, Pennsylvania 15222-5402 BY: DAVID J. ARMSTRONG, ESQUIRE And KENNETH KOMOROSKI, ESQUIRE For - Westinghouse Electric Corporation .

MARY YOUNG, ESQUIRE Eastern Region, DER 1314 Chestnut Street Philadelphia, Pennsylvania 19107 And MICHAEL J. HEILMAN, ESQUIRE Central Region, DER City Towers, 301 Chestnut Street -. Harrisburg, Pennsylvania 17101-2702 '^ For - Department of Environmental Resources

CAPITAL CITY REPORTING SERVICE •BOX 11908 FEDERAL SQUARE STATION HARRISBURG, PA 17108 TELEPHONE (717) 533-2195 6R3G57I2 438

INDEX TO WITNESSES ; DIRECT CROSS REDIRECT RECROSS For - Commonwealth Joel Steigman 451 472 508 512 518 518 Kenneth Malick 520 539 548 Calvin Kirby 592 613 641 652

For - Westinghouse George C. Dorman 564 585

INDEX TO EXHIBITS J

EXHIBIT DESCRIPTION IDENTIFIED ADMITTED For - Commonwealth C-15 Letter dated 2/16/84 from 459 Francis P. Fair to B. A. Kerns C-15 (a) Six Lab Analyses Reports 465 of samples taken by Joel Steigman C-89 Two-page Inspection Report 596 661 of Adams County Motors by Calvin Kirby dated 7/28/86 C-90 Two-page Inspection Report 601 662 of Falcon's Car Wash by Calvin Kirby. dated 7/28/86 C-91 Two-page Inspection Report 605 662 of Keller's Body Shop by Calvin Kirby dated 7/28/86 / CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION HARRISBURG, PA 17108 ft D O f) C J i o TELEPHONE (717) 533-2195 H 11 U U *| / 1 J ______439

INDEX TO EXHIBITS (Continued)

EXHIBIT DESCRIPTION IDENTIFIED ADMITTED C-93 Three-page Inspection 648 662 Report of Gettysburg Area School District site by Calvin Kirby dated 7/28/86 C-97 Map of "Off-Site Residential 528 559 Well Locations" C-97(a) Three-page listing of 528 560 "Residential Well Locations and Construction Data" C-123 Three Special Analyses 603 Reports of samples taken by Calvin Kirby C-125 Packet of Special Analyses 524 Report Forms C-126 Five Special Analyses 524 Report Forms

CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION ft R ^ H S 7 I ll HARRISBURG, PA 17108 H R O U U / I H TELEPHONE (717) 533-2195 440 1

2 JUDGE FITZPATRICK: We will continue 3 the hearing in the matter of Westinghouse Electric 4 Corporation versus the Department of Environmental 5 Resources. 6 The first thing that we are scheduled 7 to begin this morning is to talk about the question 8 of the sampling and the1 tests that were done by the 9 Department. Particularly, I think we're talking about 10 the lab tests here and about what sort of proof might 11 be required. We had a discussion about it yesterday, 12 at which time the Department brought up a previous 13 decision by the Board, Elmer R. Baumgardner versus DER, 14 and I believe a copy of that was given to Westinghouse. 15 I'm not sure where this discussion is 16 going to go or what kind of conclusion we're going to 1? reach, but maybe I'll just start off by asking you, 18 Mr. Armstrong, if you have any comments on that? 19 MR. ARMSTRONG: Your Honor, we have 20 read the Baumgardner and it's an extremely well-written 21 opinion. 22 I do not argue the opinion as it relates 23 to that case. I'm not sure that it's applicable, and 24 I. confess that the reason I'm not sure is, I don't know 25 what the evidence will be.

SR3Q57I5 1 451

^ Are you prepared to call your first • 3 witness? 4 MS. YOUNG: Yes, I am. The Department 5 calls Joel Steigman. 6 (Discussion off-the-record. ) ! 7 8 JOEL STEIGMAN, having been 9 duly sworn, was called as 10 a witness and testified 11 as follows: 12 DIRECT EXAMINATION 13

V_> 14 BY MS. YOUNG: 15 Q Mr. Steigman, have you ever worked for 16 the Department of Environmental Resources?

I A Yes. 18 Q In what time period did you work for 19 the Department? 20 A From 1981 to 1988. 21 Q During the time that you were employed 22 by the Department, did you ever collect soil or water 23 samples from the Westinghouse Elevator Plant in 24 Cumberland Township, Adams County? 25 A Yes, I did.

^^

SR3057I6 452 1 2 Q What position did you hold at that time? 3 A Solid Waste Specialist. 4 Q Would you please describe what your 5 duties were as a Solid Waste Specialist? 6 A We would go out and do hazardous waste 7 inspections, collected samples, routine samples of 8 pollution incidents. 9 Q Obtaining water and soil samples was 10 part of your normal duties at that time? 11 A That's correct. 12 Q Do you have any idea how many samples 13 you would collect in any given year when you were a 14 Solid Waste Specialist? Just generally? 15 A Over one hundred. 16 Q Did you follow any particular protocol 17 with collecting samples? 18 A Yes, we did. 19 Q Could you describe that, please? 20 A . Do you want soil or water, or both? 21 Q Why don't we do one at a time? 22 A Okay. The soil --we would use a VOA 23 vial. It has a septum in it and you would fill them 24 to the top and pack them and put a lid on them, label 25 them. You would make a duplicate and you would put

8R3057I7 453

2 them on ice. Since we were in Harrisburg, we always 3 hand-carried them to the lab so we didn't need chain 4 of custody. That was the chain of custody. We 5 delivered them right to the lab the same day and 6 they were on ice. 7 We filled out a lab sheet. Some of the 8 stuff is so routine — I'm trying to think, but you 9 filled out a lab sheet which had the location, the 10 time, the date, what the material was, what the 11 conditions were and what we were going to analyze it 12 for and what we were looking for. 13 Q That was for soil samples. Could you 14 describe your routine for water samples? 15 A We collected water samples. You want 16 to make sure that the water wasn't rolling boiling -- 17 it's cold, but so that there was no bubbles in the 18 vials. When you put the lid on, you had to make sure 19 there were no air bubbles in it. We always collected 20 a duplicate, and the same thing, they were put on ice 21 and the same lab sheet was filled out with all the 22 pertinent information, the date, the place, the sample 23 number. 24 Q I am going to refer to C-13, which I 25 believe was introduced during the testimony of Durahd

&R3Q57I8 i . 454

2 Little. This time, I am going to be referring to the 3 second and third pages. Could you identify those two 4 pages of Exhibit C-13? 5 A Yes. 0£S Q Would you please state for the record 7 what they are? 8 A They are analyses that Don Killian and 9 I had taken at the Westinghouse facility. 10 Q Do you recall being at the Westinghouse 11 facility on that date? 12 " A Yes. 13 Q What is the date on that report? 14 A 10/28/83. 15 Q Starting with the first page of that 16 report, what kind of sample were you taking? 17 A This was a liquid. 18 Q Where was that sample collected? 19 A Next to the drum storage area. 20 Q And you were following the normal 21 procedure for collecting water samples? 22 A That's correct. 23 Q If you take a look at the next page of 24 that document, what type of sample did you collect there? 25 A That was a soil sample.

9R3057I9 455

2 Q Where was that sample collected? 3 A Northwest corner of the plant. 4 Q Were you following the normal procedure 5 for collecting soil samples? 6 A That's correct. | 7 Q Were both of those samples hand-carried 8 back to the lab as you stated is your normal practice? 9 A Yes. 10 Q Do you remember how it was that you came 11 to sample in those two areas? 12 - A I think we had done a routine Hazardous 13 Waste Inspection and one of the employees had told us ^^ 14 that -- 15 MR. ARMSTRONG: Excuse me. I'm sorry 16 to interrupt, but I will object to this as hearsay. I 17 MS. YOUNG: I think it would come in I 18 as an admission of a party who is talking about employees I 19 of Westinghouse telling him about things that had a i 20 happened on the site and how it was that he came to u I 21 select these particular areas to take samples. • 8: 22 JUDGE FITZPATRICK: Could I have the S 5 23 question re-read, please? 24 (Question read back.) 25

ftR305720 1 .456

2 MR. ARMSTRONG: As part of the history, 3 I certainly wouldn't object that an employee had told 4 him something that led him to do it, but certainly 5 every employee of a corporation, whether it's a large 6 or small one, is not an admission of the corporation. 7 One has to be a managing agent, I think, to put it 8 in a few words. 9 JUDGE FITZPATRICK: I would agree with 10 you on that, Mr. Armstrong. I will allow the witness 11 to testify, but I'll state right now, I am not going 12 to accept it for the truth of the matter of what the 13 employee stated, only for why he conducted the tests 14 in certain areas. 15 BY MS. YOUNG: 16 Q Do you remember the question? 17 A There was a stained area, and we asked 18 the employee what had happened there. He had said 19 they had run a tow motor into some drums in the drum 20 storage area. The soil looked stressed there, so 21 that's why we asked him what happened. 22 Q Do you remember which area that was, 23 that stained area? If I were to show you a map of the 24 facility, could you locate the area? 25 A Yes, if you showed me a map.

BR30572I 457

2 Q I am showing you a map that has been 3 marked as C-121(c) and I am asking you to indicate on 4 this map where this area was? 5 A Right here. (pointing) 6 Q You are pointing to the "Old Waste Drum 7 Storage Area?" 8 A That's correct. Right down here. 9 Q Where it is indicated in the original 10 black on the map as the "Old Waste Drum Storage Area," 11 and not the area that has been marked with pencil? 12 A Right. 13 Q You said you observed stressed soil in 14 that area? 15 A That's correct. 16 Q At the time that you were there, were 17 drums stored there at that time? 18 A I'm trying to think. We were there quite 19 a few times. I can't say for sure, but I think there 20 were when we were there the first time, because they 21 moved the drum storage area to this area here. (pointing) 22 Q They put a new one in from the time 23 you were first there? 24 A Right. When we first came, there were 25 some picnic tables here and there was grass, and in the

6R305722 458 1 2 course of events, that became paved. 3 Q When you first saw it, it was not paved? 4 A That is correct. 5 Q What about the other area on the site 6 where you took a sample? Do you remember how it was 7 that you came to sample in that area? 8 MR. ARMSTRONG: Excuse me. I just 9 don't understand, Your Honor, what the "other" area 10 is. 11 MS. YOUNG: I believe the witness 12 indicated that he had taken two samples, one in the 13 drum storage area and the other one in the northwest 14 corner of the plant. 15 JUDGE FITZPATRICK: Does that answer 16 your question? 17 MR. ARMSTRONG: I take it this question 18 now is inquiring as to the sample taken at the 19 northwest corner? 20 MS. YOUNG: That's correct. 21 MR. ARMSTRONG: Thank you. 22 THE WITNESS: That would be up here 23 at the railroad tracks. 24 BY MS. YOUNG: 25 Q Do you remember why you decided to take

ftR3Q5723 459

2 a sample up in that side of the plant by the railroad 3 tracks? 4 A Not anymore than one of the employees 5 told us that they had dumped something in that area. 6 MR. ARMSTRONG: Excuse me. The same 7 objection, Your Honor, as earlier, without repeating 8 . the arguments made. 9 JUDGE FITZPATRICK: Yes. And again, 1° it doesn't go to the truth of the matter asserted. 11 THE WITNESS: Just like I said, we 12 went there because the employees said that they had 13 dumped something there and we wanted to verify whether 14 it was or wasn't dumped there. 15 Letter dated 2/16/84 from 16 Francis P. Fair to B. A. Kerns -- produced and 17 marked for identification as Commonwealth Exhibit 18 No. C-15. 19 BY MS. YOUNG: 20 Q The document I have just handed you has 21 been marked as Exhibit No. C-15. It is a letter and 22 attached to the letter are five pages which I would 23 like to direct your attention to and ask if you would 24 identify those for the record? 25 A The first one is Monitoring Well No. 1.

«R30572!» 460 i

2 Q Is it a lab report? 3 A Yes. 4 Q Was it filled out by you? 5 A Yes, it was. 6 Q Could you give us the date that that 7 was done? 8 A 2/21/84.' 9 Q What about the next page of that exhibit? 10 A That's another lab report, the same date. 11 . Q What about the third page? 12 A That's another lab report, and it's dated 13 2/11/84. 14 Q And the fourth page? 15 A It's another lab report dated 2/19/84. 16 Q And the fifth page? 17 A It's another lab report, 2/17/84. 18 Q And finally, the last page? 19 A It's a lab report dated 2/21/84. 20 Q Those dates on the reports which I 21 believe were February 11, 17, 19, and 21 of 1984 -- 22 were you on the site on those days? 23 A Yes. 24 Q Starting with the third lab report which 25 is dated February 11, 1984, could you describe where you

AR305725 461 1 2 took that sample? 3 " A Yes. It's best if I show you -- well, 4 it's the pump house area. There was an area between 5 the pump house and what they have listed as the "New B Building" there. 7 Q You are referring again to C-121(c)? 8 A Right. It's the area right here. 9 (pointing) 10 Q You are pointing to the pump house area? 11 A Yes. It was an area between the pump 12 house and the new building, there was a grate and it 13 led to a storm sewer that ran down here. 14 Q This report, you took a soil sample there? 15 A That's correct. 16 Q Does it indicate any depth at which you 17 took the soil? 18 A Six inches. 19 Q Was that taken according to your normal 20 procedures for taking soil samples? 21 A Yes, it was. 22 Q What type of lab analyses did you 23 indicate? 24 A A TCE scan. 25 Q What were the results that you got back

6R305726 462 1 2 on that one? 3 . MR. ARMSTRONG: Excuse me, Your Honor. 4 We will object to the results going in on the grounds, 5 one, that this is a document that is not marked as an 6 exhibit. Two, on the grounds stated yesterday and this 7 morning that the proper foundation has not been laid to 8 give the analytical results of the test of the sample. 9 JUDGE FITZPATRICK: Ms. Young? 10 MS. YOUNG: I would request that he be 11 permitted to state the results that he had gotten back 12 from the lab. 13 And incidentally, this exhibit has been 14 previously marked and produced. I am not moving for its 15 admission at this point because we do intend to lay the 16 second part of the foundation with our lab witness, but 17 for purposes of clarity and not having to call this 18 witness back a second time, I would like to just ask 19 him what the results were that were reported to him. 20 JUDGE FITZPATRICK: Why is it necessary 21 for him to testify what the results were? Does that 22 somehow verify his testimony? 23 MS. YOUNG: Yes, because he's the one 24 who is talking about where the sample was taken and has 25 identified its location on the plant site, and I think

SR3G5727 463

2 it wouid make more sense to have this witness testify 3 as to what the results were, rather than the lab witness, 4 who can also testify to that, but that individual would 5 not be able to place that result into context which is 6 the location where the sample was actually obtained. 7 So, I intend to lay the complete 8 foundation for the admissibility of this evidence 9 and at this point, I would like to have this witness 1° testify as Mr. Little had done on Monday, what was 11 reported back to him from the lab. 12 . JUDGE FITZPATRICK: I believe I did allow 13 Mr. Little to do that. I will allow this witness to do 14 it, too, and I will just state it again, that this is 15 just for the purpose of placing his testimony in context - 16 of what he got back from the lab. It doesn't establish 17 the validity of that number. That is going to require 18 something further from the Department. 19 MR. ARMSTRONG: While we have this break, 20 Your Honor, in the testimony, I am a little confused. 21 I recognize the first two pages of the exhibit and I 22 assume the court has a copy? 23 JUDGE FITZPATRICK: Yes. 24 MR. ARMSTRONG: And certainly, that's 25 an exhibit that I personally used yesterday. I couldn't

fiR305728 464 1 2 understand the attachments. I don't think they belong. 3 As a matter of fact, it appears to me that the actual 4 sampling dates shown on the attachments are on a date 5 later than the date of the letter itself -- February 16. 6 So, I contest that the exhibit be used in this manner. 7 Obviously, we have no objection to the first two pages 8 -- we have that exhibit in our case admitted, but we 9 object to this exhibit being treated as it is stapled 10 together. I don't believe it is attachments to that 11 letter. 12 JUDGE FITZPATRICK: Do you have any 13 comment, Ms. Young? 14 MS. YOUNG: My only comment is that this 15 is the way this document was in our regional files. 16 If it's a problem, I have no objection to taking them 17 apart and marking them separately. 18 MR. ARMSTRONG: I would appreciate that 19 because it would be better for identification, Your 20 Honor, if we can just give it a new number and all 21 references made today would be assumed to be made to 22 that new number. I don't mind treating whatever number 23 there are, as one exhibit, just whatever the next number 24 is. 25 JUDGE FITZPATRICK: Just that it shouldn't

AR3Q5729 465

2 be together with the letter? 3 MR. ARMSTRONG: Take the letter off it, 4 yes, Your Honor. 5 JUDGE FITZPATRICK: Why don't you do 6 that, Ms. Young? 7 . MS. YOUNG: Okay. I will ask that the 8 lab reports be marked as 15(a). 9 Six Lab Analyses Reports of 10 samples taken by Joel Steigman -- produced and marked for 11 identification as Common- wealth Exhibit No. C-15(a). 12 13 BY MS. YOUNG: i4 Q Going back to what is now the third 15 page of Exhibit C-15(a), the lab report dated 16 February 11, 1984, what was the result that was 1? reported back to you from the laboratory? 18 A 40 milligrams per kilogram of 1,1,1-TCE. 19 Q I would like you to refer next to two 20 pages down -- I'm trying to go chronologically here — 21 a lab report dated February 17, 1984. Where did you 22 take this sample? 23 A It says, "Water from the containment 24 trench of the new hazardous waste storage pad." 25 Q Is this the new waste area that you were

fiR305730 1 466

2 just referring to? 3 A No. They have a new pad that has a roof on it now and it has a containment trench. That's what 5 I'm talking about, not where the soil was. e Q Not the old drum storage area? 7 A No. That was just on earth. 8 Q Was this water sample taken according 9 to your normal procedures? 10 A Yes. 11 Q Do you recall whether you followed your 12 normal procedure of hand-carrying the sample to the 13 laboratory? 14 A Yes. 15 Q Yes, you did? ~ 16 A Yes, I did. There is a box here that 17 says, "Hand carried." 18 Q What was the result that you got back 19 from the laboratory on this sample? 20 A 1.6 microgratns per liter, 1,1,1-TCE. 21 Q Referring next to -- well, there is 22 one that is taken on the 19th which is the previous 23 page. Can.you look at that one next? Where did you 24 take this sample? 25 A That was at the railroad track area.

SR3G5731 467

2 . Q Was this a soil sample or a water sample? 3 A It was a water sample. 4 Q And that's your statement, "Infiltrated 5 water in fifty-inch hole at northwest corner?" 6. A That's correct. 7 Q Can you describe this fifty-inch hole 8 that you took the sample from? 9 A When we had gotten to the site, 10 Westinghouse had been excavating around the tracks, 11 and it was rain water. 12 Q They had been excavating around the 13 tracks? 14 A Right. 15 Q Was that going on when you went to the 16 site — do you remember seeing that actually being done? 17 A I think it was covered with plastic. 18 Q You didn't observe anybody actually 19 digging there? 20 A No. 21 Q Was this water sample taken according 22 to your normal procedures for sampling water? 23 A Yes. 24 Q Again, did you hand-carry this sample 25 back to the laboratory?

AR3G5732 468 i 2 A Yes. 3 Q What was the result of this particular 4 sample? 5 MR. ARMSTRONG: I assume, Your Honor, 6 that that same objection is considered made as to 7 each page of this exhibit with the same ruling of the 8 court? 9 JUDGE FITZPATRICK: Yes, absolutely. 10 There will have to be more to establish the validity 11 of these numbers. 12 MR. ARMSTRONG: All right. 13 JUDGE FITZPATRICK: I just don't want 14 to spend a whole lot of time on that, since I'm able 15 to read, I can look down and see what it is, anyway, -16 so I don't see much harm in having him read it. 17 THE WITNESS: We have 1,1,1-TCE, TCE 13 and PCE. 19 BY MS. YOUNG: 20 Q What were the concentrations reported 21 of each of those? 22 A Micrograms per kilogram. 23 Q How many micrograms per kilogram? 24 A There's 1,000 1,1,1-TCE; 1,000 TCE; 25 and 300 PCE.

AR305733 469

2 Q What is "PCE," do you know what that 3 stands for? 4 A Yes -- tetrachloroethylene. 5 Q There are three of these reports that 6 are dated February 21, 1984, and going back to the first 7 page, the first one, could you just identify where you 8 collected that sample? 9 A Monitoring Well No. 1. 10 Q Was that taken according to your normal 11 procedures for sampling water? 12 A Yes, it was. 13 Q Again, was that hand-carried back to the 14 laboratory? 15 A Yes. 16 Q And again, you indicate a TCE scan? 17 A That's correct. 18 Q What did the lab report back to you? 19 A 1,1,1-TCE - 3.8 milligrams per liter. 20 Q Do you know what the estimations are 21 written there, are those yours or are they the lab's? 22 A Those are the lab's. 23 Q On this report, do you indicate that 24 you also had a legal seal on the sample? 25 A Yes.

fiR30573if 470 1 2 Q Looking at the next page, also dated 3 February 21, 1984, where was that sample taken? 4 A That was Monitoring Well WU-1. 5 Q Was that according to your normal 6 procedure for water samples? 7 A Yes. 8 Q And again, it was hand-carried back to 9 the lab? 10 A Yes, with a legal seal. 11 Q What were the results of this particular 12 sample? 13 A 1,1,1-TCE was reported at 120 micrograms pe:r 14 liter; TCE was 700 micrograms per liter. 15 Q The last page of this exhibit is also x— 16 a report dated February 21, 1984. Please identify where 17 that sample was taken? • 18 A Monitoring Well No. 2. 19 Q Was that also a water sample taken 20 according to your normal procedures? .21 A Yes. 22 Q And transported to the lab by you? 23 A Yes. 24 Q And there was a legal seal? 25 A Yes.

8R305735 471 v , 2 . Q What was the results that the lab 3 reported for Monitoring Well No. 2? 4 A 1,1,1-TCE was reported at 8.6 micrograms 5 per liter. 6 Q During your time with the Department, | 7 how were you trained in collecting samples? 8 A We attended various training sessions 9 with outside people. We were up at the lab. We had 10 lab supervision on how to collect a proper sample. 11 Q • I just want to refer you back --do you 12 still have C-13 in front of you? 13 A Yes. 14 Q I don't think I asked you, but if you 15 will look at the fourth page of C-13 -- - 16 A The fourth page? : 1? Q The fourth page, the coil sample? M I 18 A Okay. i 19 Q This particular soil sample which you i 20 indicated you had also hand-carried to the lab, would | 21 you just indicate what the lab had estimated as the 8 22 level of volatiles? o I 23 A Yes. 1,1,1-TCE was estimated 800 24 milligrams per kilogram; TCE was one milligram per 25 kilogram; and PCE was non-detected.

BR3Q5736 472 1 2 . MS. YOUNG: That's all the questions 3 I have. 4 JUDGE FITZPATRICK: Mr. Armstrong? 5 MR. ARMSTRONG: Yes, Your Honor. 6 CROSS EXAMINATION 7

8 BY MR. ARMSTRONG: 9 Q Mr. Steigman, what was your first trip 10 to the Westinghouse Elevator Plant near Gettysburg? 11 MS. YOUNG: Are you asking him for a 12 date?

13 BY MR. ARMSTRONG: 14 Q Yes, the date?

15 A I don't remember. 16 Q Can you remember an approximate time, 17 a month, for example? 18 A No. If you give me a Hazardous Waste 19 Inspection that I have done, that would be the correct 20 date, the year. 21 MS. YOUNG: At this point, I am going 22 to object to any questions that exceed the sampling 23 that I put into my Direct as being beyond the scope 24 of my Direct. 25 MR. ARMSTRONG: I don't believe it can

AR305737 508

2 further questions, Your Honor. 3 JUDGE FITZPATRICK: Let's take a break 4 until 11:55 and then we will resume with Ms. Young's 5 questioning. 6 (Brief recess.) 7

8 JUDGE FITZPATRICK: Are you ready, Ms. 9 Young? 10 . MS. YOUNG: Yes. 11 REDIRECT EXAMINATION 12

13 BY MS. YOUNG: 14 Q When you hand-carried your samples to 15 the lab, can you just describe what you did with the 18 samples when you got to the lab? 17 A We had it on ice. We went in the back 18 door of the lab,, we would take them up, and there's a 19 receiving area in the lab. We set them on the counter, 2° put the two sample bottles -- the sample and duplicate 21 on the lab sheet, and then that's where we leave them. 22 Then there's personnel at the lab that logs them in 23 and writes a lab number down on them. 24 Q On your lab reports, the date that is 25 indicated in the upper right hand corner as "Date

AR3Q5738 509

2 Received," that's not written by you, is it? 3 A No, it is not. 4 Q And that does not indicate the date 5 that you delivered the sample? 6 MR. ARMSTRONG: That's objected to as 7 leading, Your Honor. 8 JUDGE FITZPATRICK: It's difficult for 9 me to rule on that because in addition to doing Cross 10 Examination, you also did some Direct Examination. 11 MR. ARMSTRONG: Oh, yes, then I withdraw 12 . the objection. I forgot about that. 13 BY MS. YOUNG: 14 Q Looking at anyone of these lab sheets, 15 the date where it's indicated "Date Received" is not 16 necessarily the date that you dropped the sample off 17 at the lab? 18 A That's correct. 19 Q If you would just, for example, look 20 at the first one in C-15(a) and indicate where you 21 would write the date that you took the sample? 22 A It should have been where it says -- 23 in the custody log there, "How Shipped," where we 24 wrote "State Car," that would be the date there. 25 The date we took the sample is up there, "2/21/84" and

AR305739 L

1 510 V__y 2 the time. 3 Q That's on the line that is right 4 underneath your name? 5 A That's correct. 6 Q That would be the date that you took i 7 the sample? 8 A That's correct. 9 Q And your testimony was that on all of -10 these samples, you hand-delivered them to the lab the 11 same date that you took them? 12 A That's correct.. 13 Q You also said it was your normal procedure i 14 to pack the samples on ice? 15 A That's 'correct. - 16 Q Where did you get the containers that you used to take the samples? I I 18 A From the lab. i 19 Q You used a new container each time? 2 20 ^ That's correct.

I ' 21 Q If you would refer to Exhibit C-13, 8! 22 the last page. Mr. Armstrong asked you if you were

I 23 there on the day that this sample was taken which is 24 indicated October 14, 1983? 25 A That's correct. .

SR3Q57UO 511 1 . 2 Q Did you watch Mr. Killian take this 3 sample? 4 A Yes, I did. 5 Q Did he take this sample according to 6 the same procedures that you used to take your other 7 samples? 8 A Yes, he did. 9 Q Were you with him when it was hand- 10 .carried to the lab? 11 A Yes. 12 Q Do you remember on October 14, did you 13 observe where that discharge was, where that sample 14 was taken? 15 A Yes, I did. 16 Q Could you indicate on the map approxi- 5 17 mately where this was? I 18 A Yes. i 19 Q I think I have another map that it might o 2 20 be easier for you to use. | 21 MR. ARMSTRONG: Which one is this?. 8 . 22 BY MS. YOUNG: o I 23 Q This is C-121(a). Referring to the last 24 sample in Exhibit C-13 -- this map indicates drains and 25 so forth. 1 512

2 A It's right here, right at the edge of s•*«-. 3 the culvert just off the road. (indicating) 4 Q Where that "C" marking is? 5 A That's correct. 6 Q Did you observe that tributary, where

I 7 it's indicated on the map, this is an "Outfall to 8 Eastern Tributary?" 9 A Yes. 10 Q Did you notice anything unusual about 11 that stream? 12 A It had a lot of sediment. It had a 13 smell, a solvent smell to it. 14 Q Did you notice anything else about it? +,^ 15 A There were paint chips in there. ~ 16 MS. YOUNG: That's all I have.

I 17 JUDGE FITZPATRICK: Mr. Armstrong? M

1 MR. ARMSTRONG: Yes.

i 19 RECROSS EXAMINATION j 20 j 21 BY MR. ARMSTRONG: 22 Q Is that the first time that you - 23 .investigated that area that you are now describing 24 in the last answer? 25 A Yes..

»»_>

ftR3057t»2 520 1 v^ 2 that we feel we have laid the foundation for the 3 adtnissibility as far as the collection of these 4 samples and the chain of custody to the laboratory. 5 So, I think we have established that much and the 6 second part would be just to have someone from the I 7 lab. 8 JUDGE FITZPATRICK: As long as they 9 are not being moved at this point, then we don't have 10 to deal with them yet, as far as their admission into 11 evidence. 12 MS. YOUNG: Okay. 13 JUDGE FITZPATRICK: Are you parepared ^*~s 14 to call your next witness? _ 15 MS. YOUNG: Yes. The Department calls 16 Kenneth Malick. s 17 5 • KENNETH MALICK, having been I • 18 duly sworn, was called as a 1 19 s witness and testified as 2 20 „• follows: | 21

• 8: 22 . DIRECT EXAMINATION

I 23 BY MS. YOUNG: .24 Q Mr. Malick, by whom are you currently 25

ftR3057**3 521 1 V 2 employed? 3 A The United States Army. 4 Q Were you at one time employed by the 5 Department of Environmental Resources? 6 A Yes , I was .

S 7 Q During what period of time were you 8 employed by the Department? 9 A From January of 1975 to January of 1985. 10 Q During that time period, did you do any 11 sampling of residential wells in the general vicinity 12 of the Westinghouse Elevator Plant in Cumberland 13 Township, Adams County? X 14 A Yes, I did. - 15 Q What was your position with the 16 Department at the time that you took those samples? A I 1? I was a Sanitarian. 1 18 Q What were your responsibilities as a i is Sanitarian? 20 A We were involved in health inspections 21 of public facilities and assisting homeowners with 22 problems or concerns of their drinking water supplies . 23 Q Was it part of your normal duties as 24 a Sanitarian to obtain water samples from residential 25 wells? ) 522

2 A Yes. 3 Q Do you have any idea of how frequently 4 you would collect samples of this nature during the 5 course of a given year? 6 A I collected a variety of samples, 7 different types, probably 200 or 300 samples a year. 8 Q For sampling residential wells, did 9 you have a particular sampling procedure or protocol 10 that you followed? 11 A It depended on what analysis we wanted 12 to have performed, what we were looking for. In this 13 particular instance, we were looking for volatile ^—^ 14 organics. We would follow a procedure where we obtained 15 bottles from the laboratory and collected samples 16 before any treatment was applied to the water system 17 in the residences, generally in the basement next to * ' IB 18 the pump or the pressure tank. 19 Q Can you just describe the steps that 20 yOU followed to obtain a sample from a residential well? 21 A We had to schedule the samples, so there 22 was some time before we knew where we were going to 23 sample and we would schedule them so the lab would 24 be prepared to analyze it. We obtained bottles from 25 the lab which one of the Sanitarians in the office would

ftR3057l«5 523

2 go up to the laboratory to pick them up. 3 On the date that we were ready, we 4 would go out, and to collect the sample, we would look 5 at the water supply system in the residence and try to 6 locate where we could collect it prior to treatment. | 7 Sometimes we would disconnect the treatment, if necessary. 8 We would turn the water on and let it run for several 9 minutes to flush it and then slow the flow down to just 10 a trickle and use a 40 milliliter vial which we would 11 hold at an angle so the water would run down the side. 12 The idea was to avoid any air bubbles coming in the 13 sample. 14 After we collected it, we capped it 15 and tapped it to make sure there were no air bubbles. 16 To transfer them to the lab, we had coolers that were « 17 provided by the Department. We would get ice -- * to ! 18 sometimes from home, or else purchase it. We would I 19 get ice for the coolers. Then we would take them i 20 to the Department of Health Center in Gettysburg 21 and we would drop them there for a Purolator Courier 22 Service to transport them to the lab. 23 Q How did you identify the samples that 24 you took? 25 A We had collector identification numbers

V

ftR3057i*6 j 524 2 assigned to each of us. I think it was based on the 3 bureau, the region, and then a number to identify each 4 Sanitarian. It started at 001 -- I think it was a 5 seven-digit number and the last three digits were 6 the series. For each house, I would give a unique 7 sample number. And that number, and I think the date, 8 went on to the bottle. I don't know if I had the 9 homeowner's name or not. I know I had the number 10 " and the date and that would also go on the lab analysis 11 report form that accompanied the samples to the lab, 12 and that's what was returned to me with the results 13 from the lab. 14 Special Analyses Report 15 Forms -- produced and marked for identification 16 as Commonwealth Exhibit No. C-125. 17 18 Special Analyses Report Forms -- produced and 19 marked for identification as Commonwealth Exhibit •20 No. C-126. 21 BY MS. YOUNG: 22 Q I am going to show you some documents. 5 23 I have had these marked as Exhibit C-125 and C-126. 24 MS. YOUNG: For"the record, I have them 25 marked separately for purposes of the lab testimony, 525

2 but I'm going to have this witness look at them both 3 together. 4 BY MS. YOUNG: 5 Q For the record, will you identify what 6 these two exhibits are? 7 A These are copies of Lab Analyses Report 8 Forms that were used for samples collected for volatile 9 organics and some of them for a TCE scan for this 10 investigation. 11 Q Did you prepare these at the time you 12 had taken the samples? 13 A Yes. 14 Q If you could just take a minute and ^r~"^ 15 examine the samples briefly. I am going to ask you 16 some general questions about them. I will not expect 17 you to remember each and every one. 18 (The witness looked through the documents.) 19 Q Were these samples taken according to 20 your normal procedure for sampling residential wells? 21 A Yes. Most of them. Some of them, as 22 I see, there's one in here that was -- a few cases, 23 I didn't get into the houses. Some of them were taken 24 at outside faucets. 25 . I see there's at least one report form

J 526

2 here that was not collected by me, though. 3 Q Which one is that? 4 A Sample No. 1341-360. 5 Q Which exhibit is that one in? 6 A C-125. It's the seventh sheet in my 7 copy. 8 Q Is that the William Harness residence? 9 A Yes, that's right. 10 -MS. YOUNG: , We are going to have the 11 witness who took that one, testify. 12 BY MS. YOUNG: 13 • Q Excluding the William Harness sample, 14 the seventh sheet in C-125 — going back to my original 15 question, you indicated there were some that you 16 couldn't get in the house? 17 A Yes. 18 Q What was your procedure when you 19 couldn't get in the house? 2° A I would try to make whatever effort 21 I could to contact the person. If I had a particular 22 date when the samples were scheduled, I would go out 23 and if they were home, I would go inside and take the 24 samples. If they weren't, I would leave a note on 25 the door or try calling them, maybe talk to some 527

2 neighbors and try to find out where they might be 3 working and try to contact them. 4 I notice at least one here was taken 5 at an outside faucet. 6 Q Which one was that? | 7 A The sixth one, Sample No. 1320-005. 8 Q Is that from the William F. Coleman 9 residence? 10 A That's right. 11 Q When you would take a sample from the 12 outside faucet of the house, what is your procedure? 13 A The same procedure. The only problem 14 is, you can't be certain that you're bypassing or not, 15 any treatment or water softener or something. But 16 basically, you flush the water for^ several minutes • . 17 and collect the sample the same way. 8a 1iOs Q The sample that was taken outside the 1 19 house, is that also water from the residential well? o 2 -20 A I assumed it was. «• • i 21 Q The only difference between that 8 22 sample and the sample that you get into the house for

&R3G5750 528

2 and noted that so it wouldn't cause any interference. 3 For that one, I also took a standard analysis 109, 4 which I think was for a lot of other parameters 5 besides the volatiles. 6 Q Do you have any reason to believe that 7 treatment of residential well water could increase 8 levels of VOC's in the water? 9 A No, not increase. 10 Q Or give you a false positive? 11 . A I wouldn't know how it could. 12 Map of "Off-Site Residential 13 Well Locations" -- produced and marked for identification 14 as Commonwealth Exhibit No. C-97. 15 16 Three-page listing of "Residential Well Locations 17 and Construction Data" -- produced and marked for 18 identification as Common- wealth Exhibit No. C-97(a). 19

20 BY MS. YOUNG: 21 . Q I am going to show you a map of some. 22 of the residential wells. I have marked it as C-97. 23 I have also marked as C-97(a), a list 24 of the names of the property owners, also taken from 25 the Rizzo report.

6R30575I 529

2 MR. ARMSTRONG: Did you mark C-97 • 3 earlier? 4 MS. YOUNG: We haven't had any testimony 5 about that yet. 6 MR. HEILMAN: Mr. Armstrong, that was 7 provided to you on Monday in an envelope. It's a map 8 from the RI/FS. 9 JUDGE FITZPATRICK: C-97 is a map, then, 10 and C-97 (a) is- some sort of data sheet, is that correct? 11 MS. YOUNG: Yes. C-97(a), which is 12 also taken from the Westinghouse RI/FS report, indicates 13 the* names of property owners of the various wells that 14 are indicated on the map C-97. In the column to the 15 right are the names of the well owners. It indicates 16 the lot numbers, and I believe those numbers correspond 17 with the numbers on the map. 18 BY MS. YOUNG: 19 Q Just generally, do you remember the 20 area where you had done the residential well sampling? 21 A Yes, I do. 22 Q Could you indicate on this map -- maybe 23 with one of these pencils -- just the general vicinity 24 where you had done your sampling? 25 Are you able to remember specifically

HR305752 w 530 2 the extent of where you sampled? 3 A Well, the contamination in the stream 4 here was reported to us by Durand Little, and I started 5 sampling points near there on both sides of Biglerville 6 Road. It extended. We were trying to find the point

I 7 where there was no contamination and it ended up 8 extending to all the homes on Boyd's School Road with 9 the exception of one or two, I couldn't contact the 10 people --maybe four or five homes to the north side 11 of the intersection along Biglerville Road. We went 12 east on Boyd's School Road, all the way down to Table 13 Rock Road, and collected south on Table Rock Road, ^—^ . 14 both sides. _ 15 Somewhere in Apple or Maple Avenue 16 is where I left the State when the sampling was at that point. I'm not sure exactly which houses I I " I 18 Ik sampled in through here. i 19 But basically, the sampling I did o i 20 cover was here. (indicating) I guess I did not go u* j 21 to Maple, I don't know. i 22 It's in approximately that area. a I . 23 (indicating on the map) 24 Q You have drawn a blue circle -- not really 25 a circle, but a blue line around an area that extends

AR3G5753 1 531

\,•« 2 along Boyd's School Road and then down Table Rock, and 3 you've drawn a line right before Maple Avenue and then 4 up around Biglerville Road on C-97? 5 A Right. I may have done these up on 6 Ridgewood Drive. I really don't remember if I did or not.

1 7 I know I had some people up in that area requesting that 8 I do, but I really don't recall if we got to that. 9 Q Can you just put a time frame on when 10 you started sampling and how long you were doing the 11 sampling? 12 A About a year, from September of 1983 13 through October of 1984.

14 Q If you could refer to the last page of NS— *» 15 Exhibit C-125 -- this lab report does not have a collector 16 name on it. Were you the sample collector on this one?

I 1? A . Yes. The sample number, the first four 18 digits -- "1320" -- identify me. 19 Q The sample number? 20 A Yes, the first four digits would be the 21 same on all the samples that I collected. It's the bureau, • i 22 the region, and "20" is my identification number. i 23 Q And that's your handwriting on there? 24 A Yes. 25 MS. YOUNG: What I'd like to do in terms

^

AR30575U 532

2 of the foundation for all these samples that Mr. Malick 3 took -- I believe I've laid a foundation that he followed 4 the normal procedure, and I had him describe what the 5 procedure was. I feel that that's sufficient to lay 6 the foundation, rather than going through each and every 7 sample and asking him what procedure he followed for 8 each and every one . 9 . If I can have a ruling from the Board 10 on this point, then I will not proceed to go through 11 each sample, but I am asking for a ruling at this point 12 so I know how far I have to go with this? 13 JUDGE FITZPATRICK: Do you care to make 14 any comment, Mr. Armstrong? 15 MR. ARMSTRONG: No. I really don't 16 know what this means. I can't comment unless somebody 17 can be more specific. 18 JUDGE FITZPATRICK: That's fine. .1 don't 19 really have any comment, other than I will say generally, 2 20 it's up to you to present your case however you see fit 21 and do what is reasonably necessary. I don't see the 22 necessity of going through every sample that is there 23 and having him repeat that he did the same thing, as 24 long as he said he followed the same procedure with 25 regard to each of them. Just as a matter of common sense,

6R305755 533

2 I don't see the need for that. 3 MS. YOUNG: I am hoping to save time. 4 Obviously, there's a big stick of samples here, and it 5 would be very cumbersome to go through each and every one. 6 I would be willing to do that if that's what is necessary 7 here, but I don't want to unnecessarily burden the Board 8 with a couple hours of testimony about each and every one 9 of these. 10 Just to make sure, we could have this 11 witness examine these one by one and testify that they 12 were done according to the normal procedure. 13 JUDGE FITZPATRICK: Or if he did something 14 different with regard to any of them, maybe he could just 15 pick those out and tell us what he did differently. 16 I thought I recalled that there might have been something 17 different -- maybe that related to the outside taps. 18 MS. YOUNG: Right. 19 BY MS. YOUNG: 20 Q Mr. Malick, to make sure you have had 21 the chance to look at every single page, take a look and 22 if there were any done that were not according to your 23 normal procedure, indicate which ones? 24 (The witness reviewed the documents.) 25 \

AR305756 ^y 1 534 2 THE WITNESS: I mentioned 1320-005 was 3 taken at the outside faucet to the rear of the house, 4 for whatever reason, I can't recall if I couldn't contact 5 Mr. Coleman or he didn't have a basement, I don't know. 6 I do have "Type Treatment" as zero, though, so apparently i 7 I was able to determine that there was no treatment on 8 the water. That's unusual, most of them are in the 9 basement. 10 ' BY MS. YOUNG: 11 Q And that's the William Coleman residence 12 that you had testified about? 13 A That's correct. <_y 14 The Franklin 0. Felt sample wasn't taken 15 in his basement, but rather at an outside faucet. It 16 looks like I was able to get access ^to it. It was

* 17 e located, it says, "directly above pressure tank near 1 18 the well, in front of house." I 19 JUDGE FITZPATRICK: Which exhibit is 2 .20 that in? . w X 1 21 THE WITNESS: C-125. s' 22 JUDGE FITZPATRICK: All right. 0

M 23 A. THE WITNESS: Randy Hartlaub -- "Outside 24 faucet on east side of house." That's on C-125, Sample 25 No. 1320202, ^y

6R305757 535 1

2 MR. ARMSTRONG: I didn't hear that, sir? 3 THE WITNESS: The last one? 4 MR. ARMSTRONG: The one you just notated? 5 THE WITNESS: The Randy Hartlaub sample 6 in C-125, Sample No. 1320202, was taken at an outside i 7 faucet. 8 MR. ARMSTRONG: Thank you. 9 BY MS. YOUNG: 10 Q Just going back to Franklin Felt, could 11 you just repeat what that sample number was? 12 A 1320001. 13 Q You said that one also was taken outside 14 the house, but apparently you found a well head? V - 15 A Probably a well head. I could only go 16 by the description. I don't remember, but it said, i 17 "Outside faucet directly above pressure tank near the | 18 well, in front of house."

M O 19 O Q And the next one, Randy Hartlaub? 20 A Hartlaub says, "Outside faucet on east 21 side of house." But I can't recall if these were an 22 instance where they don't have a basement or if they 1 0 CO. . ftAYONNC * N.J £ 23 didn't have a faucet in the basement or if the homeowner 24 just wasn't home and I had to take it outside. 25 Charles McCleaf is also at an outside 1 4R3Q5758 u 1 536 2 faucet next to front door. That's the next .one after 3 Randy Hartlaub, No. 1320274. 4 Richard Stahl was taken in a. garage. 5 I'm getting -anything that's different 6 from in the basement now. But that says, "before I 7 softener," so maybe he didn't have a basement. 8 Q What is the sample number on that one? 9 A 1320346. 10 . Matthew O'Brien is 1320344. It was at 11 an "Outside faucet at driveway." 12 No. 1320051 was taken at the visitor 13 parking lot at the Westinghouse property. I think we ^j 14 made arrangements with Westinghouse to take some samples 15 there at their well. That was not a residential well. 16 That was taken outside. I'm not sure how that was i 17 arranged, if there was a faucet there -- I'm not sure s is how that was collected, but I think we took split samples i 19 from Westinghouse at the time I collected these. i 20 No. 1320043 was taken at the kitchen

H* X 21 sink for Barry Barbour.

8 22 The next one was No. 1320042 and was a 23 taken at the kitchen sink. That had gone through the 24 disinfection system but we somehow bypassed the softener, 25 so that had some treatment in it, but that's the only one

^

ftR305759 537

2 I see that had treatment so far. I don't see how that 3 ultraviolet light would affect it. 4 An outside faucet was used for William 5 Coston, No. 1320053. 6 An outside faucet was used for Kenneth 7 Hess, No. 1320040. 8 There's two the same here for 9 No. 1320088. It was listed twice. 10 MS. YOUNG: It was copied twice. 11 THE WITNESS: Peggy Breighner, No. 12 1320019, was taken at the kitchen sink. Apparently, 13 they had two faucets, one that was treated and one that 14 was not. It says the left faucet for untreated water. 15 No. 1320025, Victor Olswfski, was taken 16 at the outside faucet on the side of the house toward * 17 the driveway. 18 And the rest were taken at the pressure 19 tank. One of the advantages of taking them at the •20 pressure tank is, you would know when their well pump 21 was on. If you're out at an outside faucet, you can 22 let the water run for a while, but you don't know if you 23 actually turned on the well or were taking it from storage. 24 YOU get a better idea of how long to flush the water if 25 you are in the basement.

aR3Q5760 538

2 BY MS. YOUNG: 3 Q Did you examine C-126? 4 A The 1320-993, Donald Kriel, was taken 5 at his kitchen sink. 6 The rest were taken at the basement 7 near the pressure tank. 8 Q In your examination of all these lab 9 reports, is it your testimony that the only difference 10 from your normal procedure in any of these are the ones 11 . that were either taken at the kitchen sink or the ones 12 that were taken outside the house? 13 A Just the location of sampling. The 14 handling of the bottle and the sample after that was 15 all the same. 16 Q The only difference between taking them 1? at the other locations is that the water may have been 18 treated by a treatment system? 19 .A That's true. 20 MS. YOUNG: I have no further questions. 21 . JUDGE FITZPATRICK: Before we start, 22 how extensive is your Cross Examination? 23 MR. ARMSTORNG: I think it's going to 24 be short, for two reasons: I think it should be short, 25 and because Ms. Young and I have an agreement about the

6R305761 548

2 ^ MR. ARMSTRONG: Thank you, Mr. Malick. 3 We have no further questions. 4 JUDGE FITZPATRICK: Ms. Young, do you 5 have anything? 6 MS. YOUNG: Yes. 7 REDIRECT EXAMINATION 8

9 BY MS. YOUNG: 10 Q • Mr. Malick, when you took the samples 11 to the Gettysburg Health Department, did you hand-deliver 12 them yourself to the Gettysburg Health Department? 13 A Yes. And in fact, while I was there, 14 that's where they had the forms for the Purolator Courier - 15 service. 16 Q Where were they stored in Gettysburg? 17 A In the front office, there was a 18 receptionist there and I would leave them there with her. 19 Q Would they remain in your cooler? 20 A Yes. Sometimes, I added ice at the 21 Health Center. 22 Q You had indicated that in some of the 23 samples that you had taken outside of the house that 24 you had written "zero" for the type of treatment. . 25 if yOU really didn't know anything about whether there

ftR3Q5762 549 i

2 was treatment, would you indicate "zero" or could we 3 assume that you had asked somebody or had done .something 4 to determine whether there was treatment? 5 A In most cases, even with the outside 6 faucets, I had talked to the homeowner and I would know. 7 I don't know what I should have done, but I would think 8 if I didn't know, I might have written why. I really 9 don't remember if I was positive on all these outside 10 faucets that there was no treatment. 11 Q But your recollection is that in most 12 cases, you did talk to the actual homeowner? 13 A Yes. When I first got into this 14 sampling, the only thing I was seeing was softening 15 and disinfection. Carbon filters weren't added until 16 the word got around that we were finding volatiles. 17 Certainly, the earlier ones, there was no reason for 18 any carbon filtration. 19 ' There could have been softening or in 20 some cases, disinfecting. 21 MS. YOUNG: That's all I have. 22 MR, ARMSTRONG: Nothing further. 23 JUDGE FITZPATRICK: You are excused, 24 Mr. Malick. Thank you. 25 (Witness excused.)

ftR3G5763 592 1

2 DIRECT EXAMINATION

3 BY MS. YOUNG: 4 Q What is your occupation, Mr. Kirby? 5 A I am currently the Emergency Response 6 Coordinator for the Harrisburg Region, Department of 7 Environmental Resources. 8 MR. ARMSTRONG: Excuse me one moment. 9 Is he on the list? . 10 . MS. YOUNG: Yes. He is on the list of 11 individuals who collected samples. 12 MR. ARMSTRONG: May I just have one 13 moment, Your Honor? 14 JUDGE FITZPATRICK: Yes. 15 (Mr. Armstrong checks document.) 16 MR. ARMSTRONG: Thank you. Go right ahead.

: 17 BY MS. YOUNG: z 1188 Q How long have you worked for the I 19 Department? 2 20 A I worked for the Department for four kl XI 21 years now. 8 22 Q At anytime during the four years that o g 23 you worked for the Department, were you involved in 24 any work involving the Westinghouse Elevator Plant 25 -JLn Cumberland Township, Adams County?

HR30576U 593 1

^ 2 A Yes. When I was a Solid Waste Specialist 3 in the Bureau of Waste Management, Harrisburg Region, 4 I did some investigatory work and inspection work 5 concerning the Westinghouse area. 6 Q Do you recall about what the time period i 7 was when you were doing that? 8 A The time frame was between early July 9 and early September of 1986. 10 Q Could you describe what the nature of 11 your investigatory work was? 12 A I initially was asked to investigate the 13 area for potential sources of pollutants from some W 14 pollutants that had been found in private wells in 15 that general area. 16 Q Can you just generally tell us where you

•V 17 investigated? M i 18 A Surely. We investigated the area that

M 19 I have on my lab sheets as the "Gettysburg triangle," O n 20 an area between Biglerville Road -- and I forget what M oX 21 « the other road is coming up the side there. It's right

e u 22 below and south of the Westinghouse plant. That area a l 23 was checked out for other types of businesses which may 24 be using materials of a nature that were found polluting 25 various wells in the area. w 594 1

2 First, an observatory type of investi- 3 gation was done to familiarize myself first with the 4 geographical area and what type of facilities were 5 there. Then that continued through going to various 6 businesses which potentially could have used those i 7 types of materials and investigating into how they 8 used those materials if they had them, what their 9 disposal methods were.

10 Then continuing after that investigatory 11 part and finding that there were some practices which

12 may have sort of unusual disposal methods that we

13 then checked those out to see what actual methods- 14 they were using, also, and what results may have come v

15 from that. 16 Q I would just like to show you a map

i 17 and ask you to identify generally the area. This I 18 is C-97. (handed to the witness)

I 19 (Discussion off-the-record. ) aISi i 20 BY MS. YOUNG: I 21 Q Looking at C-97, could you just indicate M J 22 the general area where you were investigating? a S 23 A We were investigating the area to the 24 southeast of the Westinghouse Elevator Plant itself, 25 predominantly the areas along Table Rock Road and

^

UR305766 595

^~^ 2 Biglerville Road, down to the triangular point there. 3 The business survey included all the way 4 up through along Boyd's School Road, down Biglerville 5 Road, and then back up Table Rock Road -- this entire 6 area. j 7 Q So, when you are referring to the 8 "Gettysburg triangle," you mean this area that is 9 bordered by Biglerville Road, Table Rock Road, and 10 Boyd's School Road? 11 A That is correct. 12 Q And it forms a triangle there? 13 A Yes, of sorts. ^__J 14 Q You said that at first, you drove around 15 the area and did a visual type of inspection.and you 16 said you were trying to identify sources. Were there : 17 any particular chemicals that you were trying to I 18 identify? I 19 A Yes. Reports that had been carboned i 20 to the Bureau of Waste Management from the Bureau of w . I 21 Community Environmental Control showed that several 8 22 wells along the area of Cedar Avenue and Maple Avenue a s 23 and Apple Avenue were contaminated with the chemical 24 TCE. So, the investigation was conducted to see if 25 there would be businesses which would potentially use

&R3Q5767 596 1

2 that type of chemical in that area. 3 Q I am going to show you some exhibits. 4 Can you just identify any particular facilities by

5 name that you noticed in that area that you looked 6 into? 7 A There was an airfield there, a small 8 airfield next to a school. There was also a car 9 business, a new car business. There was a small

10 business for refinishing cars. There was a car wash

11 which had just opened, a reconditioning bay -- by that,

12 meaning a bay where people could work and clean their

13 engines. There was also the area right next to the 14 Westinghouse Elevator Plant itself, I would assume .

15 that's also their property there. And there was the 16 printing facility, the book printing facility. There i was an electric corporation -- Tri-State Electric -- | 1there8, also. i 19 Two-page Inspection Report of 20 Adams County Motors by Calvin Kirby dated 7/28/86 — 21 produced and marked for identification as Common- 22 wealth Exhibit No. C-89. 23 BY MS. YOUNG: 24 Q I am going to be referring to Exhibit 25 C-89. Would you identify that, please?

"r

flR3Q5768 1 597

V__^/ 2 A Yes. This is a copy of an Inspection 3 Report I did at the Adams County Motors located on the 4 Biglerville Road, Cumberland Township, Adams County. 5 Q Is there a date on this report? 6 A Yes. This inspection was conducted on i 7 July 28, 1986. 8 Q Could you describe your inspection? 9 A Yes. I went into the facility and having 10 met with the Service Manager there, he took me through 11 the building and showed me how they handled their 12 operations , including parts cleaning and doing some 13 minor repair to new vehicles. {; 14 Continuing on with my inspection here, 15 I was particularly interested, of course, at that time 16 in how they handled any hazardous waste which they may I have. They showed me how their materials were stored, I « both used and unused, how the waste materials were i 19 s collected, and then had the proper forms and proper 2 20 means of disposal. I MR. ARMSTRONG: Excuse me. Your Honor, 3 22 I am going to object to this because it is one of ' the a I 23 special cases that you asked that I call to your attention. 24 It was represented to us that the witnesses that we were 25 asked to reconsider our early position about were persons

AR3GS769 1 598

2 who took samples. I thought that had to do with samples 3 both on the Westinghouse facility and in the residential 4 wells. 5 I now observe that it is intended that 6 this witness is going to absolve other potential sources.

2 7 There was no representation of that kind made. So, I 8 think it is a situation of special harm. This witness 9 would definitely have had his deposition taken. If he 10 was going to be quoting practices and procedures of 11 facilities, such as this that used substantial quantities 12 of solvents or others that didn't even, we would have 13 followed up our own investigation and discovery to 14 include depositions of persons connected with this . 15 in order to be certain that the blessing that they 16 are now going to be given in the solvent handling is : 1? S justified. We think it is particul'arly prejudicial g 18 and so we object, not only to this witness testifying S 19 when he has not been previously identified as a witness, a i 20 but in using documents such as this not previously M • 1 21 identified before last Thursday, which incidentally, S 22 essentially contain hearsay and obviously self-serving I 23 statements by business operators talking to the 24 Department of Environmental Resources about whether 25 they are handling their solvents correctly or not.

^

&R305770 >> 1 599

^^—^ 2 JUDGE FITZPATRICK: Ms. Young? 3 MS. YOUNG: I am putting this witness 4 on to talk about samples that he had taken and an 5 investigation he had done in which he had taken these 6 samples.

I 7 My understanding was that we could 8 present this testimony about his going out to the 9 sites and collecting samples. And these documents 10 . were produced in connection with our Pre-Hearing 11 Order No. 2 submission to the Board. 12 JUDGE FITZPATRICK: When was that 13 submitted?

W U MS. YOUNG: It was submitted November 29. 15 MR. ARMSTRONG: I might add, this is not 16 even a sample, Your Honor. There was no sample with

I this Inspection Report. 18 JUDGE FITZPATRICK: What I am going to 19 do with regard to this witness is, I am going to allow 20 the Direct testimony to go forward. At the end of it, 21 . Mr. Armstrong, I will talk to you again, and if you 22 feel that you can't cross examine, I will listen to 23 your argument and consider whether I ought to give you 24 the right to recall him at a future date, after you 25 have had the opportunity to do discovery.

*R30577i 1 600 \ 2 For now, i will allow the Direct to go 3 forward ." 4 MS. YOUNG: Can we have the last 5 question read back? 6 (Last question read back.) 1 7 BY MS. YOUNG: 8 Q You were in the middle of your 9 description. I don't know if you remember where you 10 were? 11 A I had just said that the last thing I 12 checked and visually saw was, number one, the areas in 13 which the pure solvents were stored before used, and 14 also the waste material, and then verified by visual ^ 15 observation of the papers for proper disposal to 16 proper transports .

* 17 o• Q Did you take any samples when you were M X •o 18 h. at the Adams County Motors? 19 I A No, I did not. -: 20 X Q I would like you, if you could, to

M X X 21 >op identify on Exhibit C-97, the approximate location

S' 22 of Adams County Motors? S X M 23 & A Okay. Adams County Motors is in this 24 general area here, right towards the front of the 25 triangle. (indicating)

^

&R3Q5772 ! ' . 601

2 Q You give the address as Biglerville Road 3 which is this road here? . 4 A Yes. 5 Q And this site is somewhere down the end 6 of this? 7 A Yes. 8 JUDGE FITZPATRICK: The south end of 9 the triangle? 10 THE WITNESS: Yes, sir. 11 Two-page Inspection Report 12 of Falcon's Car Wash by Calvin Kirby dated 7/28/86 -- 13 produced and marked for identification as Common- / 14 wealth Exhibit No. C-90. 15 BY MS. YOUNG: 16 Q I am going to be referring to Exhibit 17 C-90. Could you identify C-90 for the record, please? s 18 . A This is a copy of an Inspection Report 19 done in relationship to the investigation of potential 20 sources. This is for the Falcon's Car Wash which is 21 at the juncture of Table Rock and Biglerville Road, 22 right at the point of the triangle. 23 The facility was investigated as it 24 was an area where cars were cleaned and they have a 25 reconditioning bay there which they just established

&R3G5773 602

2 and were publicly advertising through signs which would 3 indicate that they were allowing people to clean their 4 car engines there. 5 Through other inspections and familiar- 6 ization with some of the hazardous materials used in 7 cleaning such as solvents, I knew then that TCE was 8 one of the solvents used for cleaning car engines. 9 Hence, I wanted to see if that facility had any of 10 those materials on site or if there was any means for 11 any release from other sources at that site. 12 ' Q Did you. find any evidence at that site 13 that there was any TCE being used there? 14 A I found that there was none at all. 15 Through inspection of their storage facilities, as 16 well as their small retail outlet area, we found that 17 there were no materials of a solvent nature kept at 18 that facility. 19 Q Did you take any samples of the Falcon's 20 Car Wash? 21 A A sample was taken from the sludge 22 . collection area in the bay where engine reconditioning 23 was allowed to be performed, on a later date. 24 Q You went back to the site a second time 25 and took a sample?

AR3Q577U 603 1 2 A That is correct. 3 Three Special Analyses Reports 4 of samples taken by Calvin Kirby -- produced and marked 5 for identification as Common- wealth Exhibit No. C-123. 6

7 BY MS. YOUNG: 8 Q I am going to be referring to C-123. 9 If you will refer to the second page of C-123, is this 10 the lab report from the sample you took at Falcon's? 11 A Yes. This is a copy of the lab report 12 indicating the sample had been taken at the reconditioning 13 pit at Falcon's station. 14 Q What was the date that you took the 15 sample? 16 A The sample was taken on August 13, 1986. 17 (Discussion off-the-record.) 18

19 BY MS. YOUNG: . 20 Q Referring to the second page of Exhibit 21 C-123, could you describe the procedure that you used 22 to collect this sample? 23 A Yes. We used standard procedures for 24 collecting samples for VOA analysis, again, using 25 . protective coverings for our hands in the form of latex

AR3G5775 1 604

2 gloves, the procedure similarly described by Mr. Malick ^ 3 this morning. 4 In this case, of course, we have a much 5 more viscose material than a free flowing liquid. So, 6 the methodology is that in taking the sludge, we then 3 7 use the stainless steel scoop which had been obtained 8 at the Bureau of Laboratories for removing this material 9 into. the 40 milliliter bottle slowly so as to prevent air 10 from migrating in. 11 The rest of the procedure is the same 12 so you have a convex meniscus on the top and then 13 you put the top on with the septum to make an airtight 14 seal. The procedure of turning the bottle upside down 15 and checking for air bubbles does not work when you 16 have a semi-solid material. I 17 Q What type of bottle did you use? s 18 A A 40-milliliter VGA analysis bottle.

M 19 Q How did you identify the sample? 20 X A The sample was identified as sludge

M X O 21 from the reconditioning pit and then the sample was o0 22 labeled with the sample number and then had a legal 3 wX 23 IV seal placed on it for the integrity. The materials 24 were then placed in a container containing ice, hand- 25 carried to the lab by myself, given to Mr. Dan Brosky (ph.)

\

ftR3Q5776 1 605 w 2 who was in charge of shipping and receiving for organic 3 analysis, who as you can see by the date up top, 4 logged and remitted to the organic section on the same 5 day that they were taken up to the lab . 6 Q Did the lab report back any findings i 7 of VOC's in that sample? 8 A No. There was no detection of any 9 VOC's in that sample. 10 Two-page Inspection Report 11 of Keller's Body Shop by Calvin Kirby dated 7/28/86 -- 12 produced and marked for identification as Common- 13 wealth Exhibit No. C-91. ^_y 14 BY MS. YOUNG:

' 15 Q I am going to be referring to C-91. 16 Would you identify C-91 for the record, please? 17 I A This is a copy of the Inspection Report s 18 conducted for the same investigation of the triangle 19 i area. This was done at the business of Keller's Body 20 Shop, which is actually a residence along Biglerville tJ X X 21 Road, and then in back are two garages in which car

ou 22 a reconditioning and painting is performed. w X 23 Q Did you take any samples when you were 24 at 'the Keller Body Shop? 25 A On this particular date, which is July 28, ^

ftR305777 L

606

2 1986, an inspection was performed of the facility 3 itself, both for storage and disposal of any solvent- 4 type materials. At that time, a sample was not taken, 5 but one was taken at a later date. 6 Q When you were there on July 28, 1986, 7 did you observe any evidence that this facility used 8 trichloroethylene or 1,1,1-TCA? 9 A Yes. They did use some solvent material 1° which was listed in the generic container as mineral 11 spirits. So, I did take a look at those materials and 12 they did contain approximately five percent TCE, 13 which therefore meant that that was being used at that 14 area. 15 I then, asked Mr. Keller, who was there 16 on both occasions, both this time and later when I 17 returned -- 18 . MR. ARMSTRONG: Excuse me, Your Honor. 19 I will object to him quoting Mr. Keller as hearsay. 20 MS. YOUNG: At this point, he hasn't 21 quoted Mr. Keller. 22 MR. ARMSTRONG: I thought I would 23 interpose an objection before he did. 24 JUDGE FITZPATRICK: All right. Go ahead 25 with your answer, Mr. Kirby. We'll see where it goes.

UR305778 607 1

^y 2 THE WITNESS: I then asked Mr. Keller 3 as to the means by which they used this material and 4 any disposal, if necessary. Then by observation, it 5 was demonstrated to me how the brushes were cleaned, 6 where the brushes were claaned -- and these are air 1 7 brushes -- and any other means for any other waste, 8 how the solid waste, et cetera, was collected, and 9 put .in proper containers. 10 MR. ARMSTRONG: Your Honor, "by 11 observation" is really neat. I've never heard it 12 before. Very resourceful. Nevertheless, it's another 13 way to say, "he told me he did this and he did that ^ 14 and he did the next thing." 15 I object to that on the grounds that 16 it's hearsay. 17 MS. YOUNG: I disagree. M m IS JUDGE FITZPATRICK: Well, if he really I 19 did observe it, it's not hearsay. a 20 THE WITNESS: Yes, sir, I did. 21 JUDGE FITZPATRICK: Hold on, Mr. Kirby. BATOHHt . N.J 22 You can test it on Cross Examination, a 1 23 Mr. Armstrong. 24 I will overrule the objection. 25

AR3Q5779 608 i

2 BY MS. YOUNG: 3 Q Did you observe what quantity of these 4 mineral spirits were used at this facility? 5 A I was not able to actually determine 6 the exact amount used there, no. 7 Q Referring again to C-123, the first page 8 of C-123, could you identify that for the record, please? 9 A Yes. That is a copy of a lab report 10 again from a sample taken at the Keller residence, the 11 building in front of the car painting facility located 12 in the Gettysburg triangle, again from Biglerville Road. 13 That sample was taken from a well located at the. home. 14 Q Could you describe what procedures you 15 used to obtain that sample from the well? 16 A Yes. We went into the basement of 17 the home and went to the point of connection between 18 the well and the collection tank in the basement for 19 the water. There was a valve there -- I guess it was 20 a release valve, but it was a valve for which you could 21 obtain water without it having gone through any of the 22 treatment processes that were connected onto the system. 23 We then, following standard procedures, 24 again with personal protection and small flow, first 25 allowed the water to run for a full five minutes, and

flR305780 609

__x 2 we timed that, and then collected our sample, again 3 making sure that we had the full meniscus and that 4 there were no air bubbles. The samples again were 5 iced down, identified both by labeling the container 6 and legal seals and hand-carried at the same time to | 7 the Bureau of Laboratories to Dan Brosky, who received 8 them on the same day. 9 JUDGE FITZPATRICK: Excuse me. Did you 10 say someone else took that and you observed it being done? 11 THE WITNESS: No, sir. I took the 12 sample. There was another person with me. 13 JUDGE FITZPATRICK: I see. ; 14 BY MS. YOUNG: 15 Q What was the date that you took the 16 sample? I 17 A That sample was taken on August 13, 1986. I 18 Q Did you hand-carry it to the lab on the § 19 same date that you took the sample? a 2 20 A Yes, I did. w I 21 Q Did the lab report any findings of VOC's m 8s 22 in that sample? § • r 23 A There was no detection of any VOC's in 24 that sample. 25. Q Could you just describe the type of

HR30578I 610 i 2 bottle you used again to collect the sample? 3 A Yes. It's a standard 40 milliliter 4 VOC sampling bottle with a septum at the top. 5 Q You also mentioned that when you drove 6 around the area, you identified a yearbook place. 7 Can you show us on C-97 where that was located? 8 A Yes. It's in this area right here. 9 (pointing) 10 MR. ARMSTRONG: Could you state for 11 the record? 12 THE WITNESS: It is due north of the 13 mid-point on Boyd's School Road between Table Rock 14 Road and Biglerville Road. 15 MR. ARMSTRONG: Was it in the vicinity 16 of Sample 148? 1? MS. YOUNG: It's "146," I believe. 13 THE WITNESS: Yes. It was right here. 19 (indicating) 20 BY MS. YOUNG: 21 Q Why don't you just put an "x" on with 22 this blue pen where you remember the yearbook place 23 being on C-97? 24 (The witness complied.) 25 Q Did you do an inspection of the yearbook

SR305782 611

^-^ 2 facility? 3 A No, I did not. 4 Q Is there any reason why you did not do 5 that? 6 A No, there is not. I just did not get I 7 back to that. 8 Q I don't think I asked you to identify 9 specifically the Keller site on the map, if you can do 1° that as close as you can? 11 . .A The Keller site is on Biglerville Road, 12 and these streets are awfully close together, but I 13 believe it was between Maple and Cedar, right here. ^/ 14 (indicating) 15 Q You do recall it was on Biglerville Road? 18 A Yes. I 17 MS. YOUNG: That's* all I have. I 18 JUDGE FITZPATRICK: Mr. Armstrong? 19 MR. ARMSTRONG: Might we have a little 20 recess at this point, Your Honor? 21 JUDGE FITZPATRICK: Sure. How long do 22 you want? 23 MR. ARMSTRONG: Ten minutes . 24 .. JUDGE FITZPATRICK: All right. And you 25 believe you will be able to cross examine?

6R305783 641 1 \ 2 REDIRECT EXAMINATION

3 BY MS. YOUNG: 4 Q Mr. Kirby, you were asked about your 5 investigation and the extent of how you originally 6 determined these various sites to be worthy of further i 7 investigation. Did you do anything as part of your 8 preliminary investigation, other than just driving 9 around the area? 10 A Yes . I had obtained departmental files 11 concerning investigations into other alleged contamination 12 in that area and read those files to determine if there 13 were any sources mentioned in that material. 14 Q What types of files were they that you \ 15 reviewed? 16 A They were files which contained Inspection i 17 Reports that had been done by department personnel, as m m o 18 well as letters indicating sample results found in wells I 19 in the area. 0 •i 20 X Q Did anybody assist you in this investi-

X eX 21 gation? 22 A Yes. Mr. Rodney Nesmith from the Bureau 23

PENCA O CO. . of Community Environmental Control was with me when 24 sampling was done and the original observations. When 25 I went to visit the places which was the July 28 date,

"1 AR30578U 642 1

2 Mr. Robert Stewart from the Bureau of Waste Management was with me. 4 Q Why did you choose Mr. Nesmith to help 5 you with this investigation? A Mr. Nesmith was chosen because first 7 and foremost, it was his name that was on the letters 8 which were sent to several of the residents about the 9 results on their private wells, and also because he 10 was the person assigned to that geographical area by 11 the Bureau of Community Environmental Control. 12 Q Can you tell us whether you have had 13 any particular training in investigative methods? 14 A Yes, I have. I have had training in 15 the investigative techniques for hazardous waste. 16 I have had training in investigative techniques for 17 emergency operations such as sudden releases of material. 18 I have had training in the conduction of an RI/FS 19 conducted by the Environmental Protection Agency. 20 And I've had training conducted by the Department on s| 21 laboratory procedures and the handling of samples. ?! 22 Q Did any of this training focus on 23 identifying potential sources of contamination? 24 A Yes, particularly the training on the 25 RI/FS studies and the hazardous waste investigative

fiR305785 643 i

o techniques. Both of those focused on determining 3 potential sources and the types of materials involved. 4 Q Where did you receive this training? 5 A The training on the RI/FS was conducted

g in Philadelphia, Pennsylvania, by Region 3 of the EPA. And the training for hazardous waste investigative q techniques was conducted in Providence, Rhode Island, and that was done by the Northeast Hazardous Waste 10 Project. 11 Q If you would refer to Exhibit C-123 12 again and look at the last page of that exhibit, the 13 sample that you took from the well at Falcon's. I don't think I asked you to describe the procedures 15 that you used when you did that sample? 16 A There is a private well, as well as public water at the facility. 18 The private well, I asked the owner if 19 it was in use, and he said it was. There, again, is a 20 relief valve on the well before it goes into a -- well, 21 that water is not treated. That's a direct well. It 22 is used only as observed, through connections, for 23 washing the cars. But there was a tap valve on it, and using protective gloves, as well as the VGA bottles 25 with the septums, et cetera, that tap was open again for

8R305786 1 644 ^*^— y o a full five minutes to allow the water to flow, and then 3 the samples were taken. 4 Q Then were they hand- carried to the lab 5 as your other samples? 6 A Yes, ma'am, they were. i 7 Q And that is indicated on the Inspection 8 Report? 9 A That is indicated in writing on the 10 Inspection Report with the date of 8/13/86, as well 11 as the date received by the Bureau of Laboratories of 12 ' 8/13/86. 13 Q Did the Bureau of Laboratories report ^_y 14 any findings of volatile organic compounds at that well? 15 A There was no detection of any organic 16 volatile compounds in that well.

i 1? Q Going back to the second lab report of 1 18 the sludge in the recon pit -- why did you choose that

( 19 location to take a sample? 2 20 A That particular pit, which had only w x 01 been opened a few weeks prior to the sample taking, • 8! 22 was the area in which the engines were cleaned. They I 23 were washed and they had high pressure steam there to 24 wash the engines with. And I asked the people there 25 if they used any solvents and they said they did not,

6R305787 645

2 but they were not sure if other people had, to clean 3 their engines. 4 I therefore suspected that there was 5 a potential source for some volatile materials to be 6 in that sludge and decided to take a sample out of that | 7 area. 8 Q How long did you say this car wash was 9 at that location? 10 A The car wash had been there for quite 11 a while. The engine reconditioning section had only 12 been there, I believe it was a month as of July 28 and 13 therefore would have been there approximately a month 14 and a half on the day the sample was taken from the 15 well. 16 Q You did not take any samples at the : 1? Adams County Motors' site. Can you explain why you §X I._B did not take any samples there? 1 19 A Yes. It was my determination by visual o i 20 inspection and observing the storage methods and written w | 21 documentation of disposal methods for waste, that 8 22 materials were handled properly at the location. s 23 In addition, the area in which the materials were 24 handled were in a concrete bay. The entire floor was 25 concrete and sealed with a sealant, and the collection

RR305788 1 646 ^ pits where the materials that collected any waste that 3 may have been spilled•\ , and that was then disposed of 4 properly. 5 Q Did you note whether any solvents that 6 may have been used there were trichloroethylene or | 7 1,1,1? 8 A No, I did not note that. 9 Q You also were asked about your observations 10 of the electrical company. Was that company a 11 manufacturing facility? 12 A I cannot actually determine that 13 completely, but by looking in the windows -- which is

^J 14 the only means I had of seeing what was inside --it 15 appeared to be a wholesale distributorship for 16 electrical materials.

I Q It appeared to be a store of some sort? I i8 MR. ARMSTRONG: Objection to that as ! 19 being leading, Your Honor. 20 JUDGE FITZPATRICK: Rephrase the question, 21 Ms . Young . 22 BY MS. YOUNG: 23 Q Did it appear to you to be a place where 24 materials were sold? 25 A Yes.

&R3Q5789 647

2 MR. ARMSTRONG: Same objection. 3 JUDGE FITZPATRICK: I don't think that 4 was leading, the way it was phrased, so I will overrule 5 the objection. 6 BY MS. YOUNG: 7 Q Did you investigate for any potential 8 sources to the north of the Westinghouse facility? 9 A No, I did not. 10 Q Is there any reason why you did not 11 look up to the north of the facility? 12 A The initial investigation -- the 13 investigation I conducted was not directly related to 14 any area, other than the small triangular area in which 15 the private wells had been found to be contaminated. 16 Q You were asked about an Agway facility. 17 When you were driving around, did you notice any Agway 18 in that area? 19 A I'll have to say on that particular 20 occasion when I was driving around -- no. But I have 21 since become aware of it, yes. 22 Q Do you know where it is? 23 A No, I could not point it out on the map. 24 Q Did you notice any meat processing 25 facility?

HR305790 648

2 A No, I didn't. 3 Q You stated that in your experience with printing companies, that the industry standard is oil- 5 based cleaning material. Would that be a material 6 containing TCE? 7 A From the observations I have made of 8 actual, containers of the materials themselves, I have 9 not seen TCE as a material found in them. 10 Q Did you perform an -actual on-site 11 inspection of any other areas than Keller's, Falcon's . 12 and Adams County Motors that we have already discussed? 13 A Yes, I inspected the Westinghouse 14 Elevator Plant. 15 Q Did you inspect any other areas in 16 connection with this? 17 A Just the airfield, a small airfield 18 by the school. 19 Q That's the airfield you were referring 20 to when Mr. Armstrong asked you about, why you didn't 21 bring your inspection reports? 22 A That is correct. 23 Three-page Inspection Report of Gettysburg Area School 24 District site by Calvin Kirby dated 7/28/86 -- produced 25 . and marked for identification as Commonwealth Exhibit No. C-93.

SR3G5791 1 649

2 BY MS. YOUNG: 3 Q I will be referring to Exhibit C-93. 4 Could you please identify Exhibit C-93 for the record? 5 A Yes. This exhibit is a copy of an 6 inspection I did at the Gettysburg Area School District 7 property on Biglerville Road. It is on the west side 8 of Biglerville Road, to determine if there were any 9 solvent-type materials used at the facility and if 10 so, how they were used and what disposal methods were 11 for waste materials. 12 Q You already stated that you determined 13 there was no maintenance done on the planes in that 14 facility? 15 MR. ARMSTRONG: Just a moment. I am 16 confused? 17 Your Honor, I will object to that 18 question. First, it's leading, and secondly, the 19 exhibit references a Gettysburg Area School District 20 and prior testimony dealt with a small airport. 21 MS. YOUNG: I am trying to focus his 22 attention to the area of your Cross Examination. 23 This Inspection Report is talking about storage and 24 uses of the property, including storage of two planes. 25 MR. ARMSTRONG: Well, if such testimony

9R305792 650 ^J 1 2 can be developed from the witness, perhaps we'll clear 3 it up. 4 JUDGE FITZPATRICK: Yes. I'm confused 5 on the face of the document, but I guess you're going 6 to get to that, Ms. Young?

\ 7 1> MS. YOUNG: Yes. 8 JUDGE FITZPATRICK: So, I will overrule 9 the objection. 10. BY MS . YOUNG : 11 Q Can you explain why you chose to inspect 12 the Gettysburg Area School District property? 13 A I chose the Gettysburg Area School District ^J 14 property because the airport and the housing facilities 15 for the two planes is on their property. Along with 16 the two housing units for the airplanes, are the

* 17 a• housing units for the School District buses. M 1 18 Q Can you describe what you did on your 19 I inspection at that .property? 20 \ A I spoke with the maintenance person at

X X 21 that property, who explained to me that —

} 22 MR. ARMSTRONG: Excuse me. Your Honor, a

X AM. 23 I will object to this on the grounds of hearsay. 24 BY MS. YOUNG: 25 Q Why don't you just tell us what you

^J

ftR305793 651

2 observed around the property? 3 A I observed the storage of two airplanes 4 and the storage of several school buses, a concrete 5 runway and floor on the housing areas for the airplanes 6 and buses, gasoline tanks, and some containers of oil. 7 Q Did you observe any solvents on that 8 property? 9 A I did not observe any. 10 . Q Did you observe any indication that 11 • maintenance or cleaning was done on the planes on that 12 property? 13 A I did not observe any, no. 14 Q Did you observe anything that would give 15 you reason to believe that solvents had ever been used 16 on that property? » 17 A No, I did not. 18 Q The date of that inspection, is that 19 indicated on this report? 20 A Yes. That inspection of the facility 21 and the interviewing was conducted on July 28, 1986. 22 Q During the course of this investigation 23 that you conducted in 1986, did you identify anything 24 that you felt was a source of TCE or 1,1,1-TCA 25 contamination?

flR30579U 652 1 2 MR. ARMSTRONG: Objected to as asked 3 and answered. 4 JUDGE FITZPATRICK: Well, I don't recall 5 it. In any event, there's no harm in having him answer 6 it again. 7 THE WITNESS: Would you repeat the 8 question, please? 9 BY MS. YOUNG: 10 Q As a result of this investigation that 11 you did in the Gettysburg triangle, did you identify 12 any source of TCE contamination or 1,1,1-TCA 13 contamination? 14 A As a result of this — no, I did not. 15 MS. YOUNG: That's all I have. 16 JUDGE FITZPATRICK: Mr. Armstrong? 17. MR. ARMSTRONG: Yes, Your Honor. 18 RECROSS EXAMINATION 19 20 BY MR. ARMSTRONG: 21 Q Mr. Kirby, one of the two persons you 22 mentioned as being with you part of the time was Rodney 23 Nesmith of the Bureau of Community Environmental Control? 24 A Yes. 25 Q Is it correct that at that time, he was

AR305795 665 to 699

2 JUDGE FITZPATRICK: We will recess 3 until 10:00 tomorrow morning. Thank you, 4

5 (The hearing recessed at 5:05 p.m.) 6

7

8 9 10 (The next page is 700.) 11

12 * 13 I hereby certify that the proceedings 15 and evidence taken by me in the within matter are fully 16 and accurately indicated in ray notes of testimony and 17 that this is a true and correct transcript of same. 18

19 20 -^ ,/ ^T) __ Marlene L. DePanfTlis 21 Court Reporter 22

23

24

25

&R305796 VOLUME IV

COMMONWEALTH OF PENNSYLVANIA! . RECEIVED ENVIRONMENTAL HEARING BOARD' J——————————ji 1 Hf I7EQO ' WESTINGHOUSE ELECTRIC 1______. CORPORATION ' •' - i OFFICE QFCHIEF COUNSEL EASTERN REGION versus DOCKET NO. 88-319-CP-F COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF ENVIRONMENTAL RESOURCES * * *

Verbatim transcript of hearing held in Hearing Room B, 101 South Second Street, Harrisburg , Pennsylvania , on Thursday , December 7, 1989 10:00 a.m. * *

BEFORE: TERRANCE J. FITZPATRICK, Member

APPEARANCES:

DICKIE, McCAMEY & CHILCOTE Two PPG Place Pittsburgh, Pennsylvania 15222-5402

By: DAVID J. .ARMSTRONG, ESQUIRE and KENNETH KOMOROSKI, ESQUIRE For: Westinghouse Electric Corporation

CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION- HARRISBURG, PA 17108 TELEPHONE |717| 533-2195 7

APPEARANCES (Continued):

MARY YOUNG, ESQUIRE Eastern Region, DER 1314 Chestnut Street Philadelphia, Pennsylvania 19107 and

MICHAEL J. HEILMAN, ESQUIRE Central Region, DER City Towers 301 Chestnut Street Harrisburg, Pennsylvania 17101-2702 For: Department of Environmental Resources

CAPITAL CITY REPORTING SERVICE BOX 11908 FEDERAL SQUARE STATION 9R3Q5798 HARRISBURG, PA 17108 H " TELEPHONE (7171 533-2195 1 702

2 INDEX TO EXHIBITS

COMMONWEALTH IDENTIFIED ADMITTED 4 No. C-127 Photocopies of six Special 736 856 5 Analyses Reports (j No. C-123 Photocopies of group of 856 856 7 Special Analyses Reports 8 No. C-125 Photocopies of group of 856 856 9 Special Analyses Reports

10 No. C-128 Photocopies of three 900 • 900 11 Special Analyses Reports

12 H No. C-l(a) Photocopy of Special Analyses 901. 901 13 Report dated 8/22/83 for the G. Coleman Establishment 14

15 No. C-l(b) Photocopy of Special Analyses 901 901 Report dated 9/13/83 for the 16 G. Coleman Establishment

17 No. C-l(c) Photocopy of Special Analyses 901 901 18 Report dated 9/13/83 for the K. Gallatin Residence 19 " No. C-13 ' Photocopy of group of Special 902 902 Analyses Reports 21 No. C-15(a) Photocopy of group of Special 902 902 22 Analyses Reports

2:) C-126 Photocopy of group of Special 902 902 SI Analyses Reports

2T> CAPITAL CITY REPORTING SERVICE COX 11908 - FEDEKAl SQUARE STATION HARRISBUBG. PA. 17106 TELEPHONE: (717) 533-2195 703

INDEX TO WITNESSES

3 COMMONWEALTH DIRECT CROSS REDIRECT RECROSS 4 " Edgar Shaw...... 704 711 726 730

(! Walter Robinson ...... 734 790 836 843

7 n John Maljevac ...... 856 867 890 895

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25 CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBUnG. PA. 17108 TELEPHONE: (717) 533-2195 704 JUDGE FITZPATRICK: Do we have any prelimin- ary matters to discuss before we start with the evidence today?

MS. YOUNG: The Department doesn't have any. 6 MR. ARMSTRONG: We have nothing, Your Honor. 7 JUDGE FITZPATRICK: All right. Thank you. 8 Ms. Young, are you prepared to call your next 9 witness? 10 MS. YOUNG: Yes.' The Department calls Edgar i 11 Shaw. ' j 12 EDGAR SHAW, having been duly sworn, j 13 was called as a witness and testified 14 as follows:

15 DIRECT EXAMINATION

1(5 BY MS. YOUNG:

17 Q By whom are you employed? 18 A The Department of Environmental Resources. 19 Q And how long have you been employed by the 20 Department? 21 A Since October of 1974.

22 Q Now, at any time during your employment with 23 the Department, were you involved in collecting samples from

24 residential wells in the general vicinity of the Westinghouse 25 elevator plant in Cumberland Township, Adams County? .CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARR.SBURC. PA. 17108 /$ R 3 Q 5 8 Q I TELEPHONE: (717) 533-2195 1 '705 2 Yes . Q And what was your position with the Depart- ment when you were doing that? A Sanitarian. Q And what are the responsibilities of a 7 sanitarian? 8 A Inspection of restaurants, public water 9 supplies, other facilities, campgrounds, schools, collection 10 of water samples, investigation of groundwater complaints. 11 Q So was obtaining water samples one of your 12 normal duties at that time?

13 A Yes.

14 Q Do you have any idea how many samples you

15 would collect in any given year during this period? 16 A Several hundred for the year. 17 Q Did you follow any sampling procedure or 18 protocol when collecting Samples from those wells?

19 A Yes.

20 Q Can you describe the protocol?

21 A For any particular type of sample?

22 Q Well, first of all, did you use any particu-

2.1 lar type of bottles?

24 A Yes.

25 Q Wha,t kind of bottles did you use? CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 706 A It depends on the sample. I used a bottle that was provided by the Bureau of Labs for that particular sample I was taking. Q So you would obtain bottles from the (i laboratory? 7 A Yes. 8 Q And what type of bottle would you use for 9 taking a volatile organic sample you were going to have 10 tested for volatile organic compounds? A It would be a forty-mi glass bottle. 12 Q When you were taking the sample from the residential well, what steps did you follow to actually obtain: 14 that sample? 15 A I would try to get the sample as close to the well as possible. That would be either at a pressure 17 tank or the closest spigot. Each situation might be a little 18 bit different. I would have the sample bottle labeled, and li) I would run the sample -- run the tap and then I would 20 collect the sample and then transport the sample to our 21 distribution point for a courier pickup to the laboratory. 22 Q Did you run the water for any particular' 23 length of time before obtaining the sample? 24 A Usually a couple of minutes. 25 Q And did you take the samples at any CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 1710S TELEPHONE: (717) 533-2195 RR305803 8 * 707 particular location in the residence?

A As close to the well as possible. Quite j often, that was in the basement at the first spigot off the i pressure tank or the basement spigot. ! () Q Now, how did you identify the samples that 7 you collected? 8 A On the bottle itself, with masking tape 9 with the name, the homeowner's name, my collector number, and : the date, and then there was a laboratory sheet that was 11. filled out. 12 Q We are going to be referring to Exhibit 13 No. C-127. Would you please identify for the record what 14 Exhibit C-127 is? A These are volatile organic samples that I collected in the vicinity of the Westinghouse plant. 17 Q And are these the laboratory reports that 18 you prepared in connection with those samples? 19 A Yes. 20 Q I am just going to go through them one by

21 one. 22 The first lab sheet there, is there a date 2.-{ on that indicating when you actually took the sample? -><\ A April 24. 25 Q And was it your normal procedure to hand CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 708 2 deliver the samples to a distribution point, I think you ; 3 said? 4 A Yes. Q On the same day you collected it? A Yes. We had a courier pickup location in Gettysburg. Q And this sample, could you identify where you took this sample? I 10 A This one of Charles McCleaf was taken at the • 11 pressure tank. 12 Q And did you indicate the indication of the 13 Charles McLeaf residence? 14 A Table Rock Road. 15 Q Now, was this sample collected according to 16 your normal procedures that you've just described? 17 A Yes. 18 Q Now turning to the next report here, can 19 you tell us what date this sample was collected? 20 A April 24. 21 Q That was 1985?

22 A Yes. li'J Q And where did you collect this sampel? A The Mnfthow O'Brirn rpsi.dence. Q And where was that residence? | I CAPITAL CITY REPORTING SERVICE I BOX 11900 - FEDERAL SQUARE STATION j HARRISBURG. PA. 17103 ft R3 058 05 I TELEPHONE: (717) 533-2195 j 10 1 709 2 A An outside spigot.

Q An outside spigot? j

4 A Yes. 5 Q Was it your normal procedure to take the sample on the outside spigot? 7 A Not if someone was home. At this residence, ' 8 there wasn't anyone at home, so I used the outside spigot. ! 9 Q And referring to the next sample, .did you 10 take that one also on April 24, 1985?

11 A Yes. I2 Q And where was that sample taken?

I A Outside, also. Q And would that be for the same reason? j 15 A Yes. 16 - Q From what residence did you take that 17 sample? 18 A Randy Hartlaub's. 19 Q And again with this sample, would you have followed the normal procedure for collecting the sample? 21 A Yes. 22 Q Now referring to the next sample, is that 23 again taken on the same day, April 24, 1985? I

2/i A. Yes. 25 Q Where was that sample taken? CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION _ _ _ -^ — Q _ - HARRIS8UHG. PA. 17108 HitJUDOUO TELEPHONE: (717) 533-2195 11 1 710 i 2 A It would have been in the basement, near the ; pressure tank. Q From what residence was that sample 5 obtained? '• tt A Kenneth Miller. 7 Q Was this sample collected according to your \ 8 normal procedures for obtaining samples? 9 A Yes. 10 Q The next page, what date did you collect 11 this sample? 12 A February 6, '85. 13 Q Where was this sample obtained? 14 A This was Randy Hartlaub". It would have been 15 outside, also. Q Was this the second time that you sampled 17 Randy Hartlaub's residence? 18 A Actually, the first time. 19 Q And the second time would have been 20 April 25, i!985? 21 A Yes.

22 Q Now, was this sample obtained according to

23 your normal procedure for collecting samples?

24 A Yes.

25 Q Looking at the last page here, was this CAPITAL CITY REPORTING SERVICE BOX 11903 - FEDERAL SQUARE STATION HA3R.J3URG, PA. 17108 TEL: -CNEJ (717) 533-2195 12 1 711 ! j .another sample that you had taken on February 6, 1985?

A Yes. Q Where was this sample obtained? ; A This would have been -- like the other \ I Miller one, it would have been at the basement pressure tank, j 7 Q Is this the same Miller that you sampled on j i 8 April 24, 1985? j 9 A Yes. i Q And was this done according to your normal i 11 procedure for obtaining samples? ; 12 A Yes. I Q And all of these samples were tested for I4 volatile organic compounds? j A Yes. Q Did you have any procedure for storing -- 17 special procedure for storing these samples after they were

18 obtained? 19 A I put them into insulated bags, a small 20 bag. I would collect two bottles and put them into the 21 insulated bag and then into an ice chest and would transport 22 that to the Health Center. They would either be at the

Health Center, depending on the time, either be stored in the 21 refrigerator or prepared at that time for the courier. 25 " Q You say you collected two samples from CAPITAL CITY REPORTING SERVICE BOX 11903 - FEDERAL SQUARE STATION HARRISBURG. PA. 17103 AR3Q5808 TELEPHONE: (717) £33-2195 13 I 712 2 A Two bottles, yes. Q Two bottles from each well? A Yes. . . Q Did you ever receive any training on sampling techniques? 7. A ' Yes. 8 Q What was that training? 9 A At this time, it would have been training 10 given by my supervisor in sampling. 11 Q And was this training essentially training 12 in using the procedure which you have already described? 13 A Yes. 14 MS. YOUNG: I have no further questions. 15 JUDGE FITZPATRICK: Mr. Armstrong? 16 MR. ARMSTRONG: Yes, Your Honor.

17 CROS S-EXAMINATION

18 BY MR. ARMSTRONG: 19 Q Mr. Shaw -- is it "Edgar" or "Edward"? 20 A Edgar.

21 Q Edgar. Who is the supervisor who gave you

22 the training on the sampling?

23 A It would have been Mr. Joseph Galant.

24 Q Joseph Galant?

25 A Yes. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION . HARRISBURG. PA. 17108 Til' HONE: (717) 533-2195 37 l . 736 2 Photocopies of six Special Analyses Reports - produced and marked for 3 identification as Commonwealth Exhibit No. 127. 4

5 MR. ARMSTRONG: Yes, sir. G JUDGE FITZPATRICK: Are you ready to call 7 your next witness, Ms. Young? 8 MS. YOUNG: Yes, we are. The Department 9 calls Walter Robinson. 10 WALTER ROBINSON, having been " duly sworn, was called as a 12 witness and testified as i 13 follows:

14 DIRECT EXAMINATION j

i 1"' BY MS. YOUNG: I j 16 Q By whom are you employed? ! 17 A The Bureau of Laboratories. IS Q Within the Department of Environmental

I9 Resources? 20 A Yes. 21 Q And what is your position with the Bureau of

22 Laboratories?

23 A Chemist II. 24 Q And what are the duties of a Chemist II? 25 A In my particular case, analyses and, if

CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG, PA. 17108 ft R 3 0 5 8 I 0 TELEPHONE: (717) 533-2195 38 .737 necessary, prep samples for analysis by the GC & S. Q And how long have you been in that position? A Four plus years. Q And how long have you been with the Depart- ment total? 7 A Just over five years. 8 Q What was your prior position with the 9 Department? 10 A It was a Chem Tech I. 11 Q And can you describe your education past 12 high school? 13 A I have a Bachelor of Arts Degree in Chemistry

14 from The University of Pennsylvania; a Master of Science 15 Degree in Organic Chemistry from Drexel University; and I have 16 had a number of various courses in GC & S work at Finnegan 17 Institute in Cincinnati. 18 Q What year did you receive your Bachelor's 19 Degree?

20 A In 1954.

21 Q And you say you have a Master's Degree, as

22 well?

2:j A Yes.

24 Q . When did you receive that? A In-1960. CAPITAL CITY REPORTING SERVICE COX 11908 - FEDERAL SQUARE STATION . jj /\ *» {• ft i j HARRISBURG. PA. 17108 H K J U D O I I TELEPHONE: (717) 533-2195 39 738 Q Are you a member of any specialized 3 societies? 4 A The American Chemical Society. 5 Q What work did you do prior to coming with (i the Department? 7 A I had worked for Rohm & Haas in Bristol, 8 Pennsylvania, as a biochemist, and I also worked for 9 FMC Corporation as a chemist in production. 10 Q How long did you work for Rohm & Haas? 11 A Nine years. 12 Q And how long did you work for the other 13 company that you mentioned?

14 A Almost ten years. 15 Q In those positions that you had, first with 16 Rohm & Haas, you said you were a biochemist. What kind of 17 work did you do in biochemistry? 18 A Primarily, research on the use of bacteria

19 for production of enzymes.

20 Q Were you involved in any sampling or any

21 analytical work?

22 A We did analytical work associated with the

03 activity of enzymes.

24 Q . And what about in your prior position with,

25 I believe you said FMC? CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION a Pi O ("I C Q i O HARRISBURG. PA. 17108 ftRjUJO I U TELEPHONE: (717) 533-2195 40 739 A FMC. That was primarily a quality control position associated with the production of rayon. j I Q And did you do any analytical work in that I job? : ! A No. In that position, we had technicians j 7 who did the actual analyses. ! 8 Q Now, do you work in any particular area of 9 the Department's Bureau of Laboratories? i 10 A In the Organic Chemistry Section, and i • • • I 11" specifically in UCMS. . " | i 12 MS. YOUNG: Your Honor, at this point, I j I 13 would submit that Mr. Robinson is an expert in the field of 14 chemistry — in particular, organic chemistry -- and also in 15 laboratory techniques and organic matter. 16 MR. ARMSTRONG: Your Honor, we would reserve 17 voir dire, but with respect to designation of the witness as 18 an expert, since the witness was never identified at all as a 19 witness in the case until this week, Your Honor, I believe on 20 Tuesday, December 5; and, furthermore, at that time, we were

21 informed that we were going to hear from the samplers on the

22 one hand and the persons in the lab who did the analyses on 2:t the other hand and Your Honor offered us the opportunity to

24 depose them and have them appear later.

25 For the reasons stated earlier, we agreed to CAPITAL CITY REPORTING SERVICE OOX 11908 -FEDERAL SQUARE STATION A D Q fl C Q I Q HARRISBURG. PA. 17108 ft K »5 U D V I «3 TELEPHONE: (717) 533-2195 41 740 waive our objections to those two groups of people coming in and cross-examine them without the suspension of the hearings j

! and further discovery, but that in no way was it suggested to [

me in court or off the record that any of those would be j qualified as an expert. ;

The Board's rules have the additional ij requirement for expert witnesses, in addition to their i 9 identification, is that they in the prehearing memorandum 10 describe the nature of the expert testimony that they would 11 give. 12 We on one hand not only identified our

13 experts as their identity became known, but as their actual

14 reports to us were created and were received, made those reports part of the record, both Mr. O'Hara, as well as

1(i Dr. Rothman. 17 So, here again, if this witness is permitted I8 to testify, we think that the rules of the Board will be 19 violated in a very substantial way. 20 MS. YOUNG: Your Honor, I would like to 21 point out first that we did identify in our prehearing 22 memorandum that we would be producing individuals from our 23 laboratory to testify along the lines of what I have called 24 these individuals to testify. 25 " JUDGE FITZPATRICK: That may be true. I

CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION a p O n C Q { HARRISBURG. PA. 17108 14 H U U vJ O I TELEPHONE: (717) 533-2195 42 1 741 2 don't think that's quite good enough. That doesn't fully meet the technical objection. That is not to say that I am going to exclude Mr, Robinson's testimony from coming into pass later, but if they don't know who the individual is, it 6 does post a problem for them, I thinkj even though they might 7 know generally that someone is going to come in. 8 But go ahead. Continue. 9 BY MS. YOUNG: 10 Q Mr. Robinson, can you --

11 . JUDGE FITZPATRICK: Wait. Hold on. When I 12 said "continue," I meant did you have anything further to 13 say in response. 14 MS. YOUNG: He is not testifying from an 15 expert report. He is testifying about -- some of his 16 testimony will not even be expert testimony. It will be 17 factual testimony about the laboratory and lab procedures, 18 and he will be submitted to questions about chemistry which, 19 of necessity, will come in here describing these various

20 procedures, which I think are within the realm of his

21 expertise.

22 MR.' ARMSTRONG: Two things, Your Honor.

23 One is that, as Ms. Young just stated, she did in a generic

24 way describe that .such a witness would appear. The closest

25 we can locate to such a statement is in her prehearing CAPITAL CITY REPORTING SERVICE BOX 11903 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 ftR3058 I 5 TELEPHONE: (717) 533-2195 43 1 742 2 memorandum, which states on page 12-C: "A witness from the Department's Bureau of Laboratories, for the purpose of i introducing laboratory reports into evidence." j i So, there again, we except to her suggestion ' () that she described even in a general way an expert. 7 The other thing is --

8 JUDGE FITZPATRICK: I just might comment. 9 That might be broad enough to try and establish the laboratory 111 techniques. 11 MR. ARMSTRONG: And I think that perhaps in 12 a general way, I don't take exception to Your Honor's ruling. 13 JUDGE FITZPATRICK: It's my understanding ^**i that that's what will be established or attempted to be l<1> established. 16 MR. ARMSTRONG: Yes, I think that the reason I""m on my feet is that Ms. Young goes a step further, and

l

i that we wanted to bring people in from the lab to lay the j foundation for these lab reports, I think it's pretty obvious (j that we're bringing in somebody who has expertise on the 7 equipment and machinery that's used in the laboratory, and I 8 don't understand what Westinghouse is agreeing to when they 9 agree at this point that we could have this testimony if 10 they're now saying they do not agree that we could bring a 11 chemist in who has expertise in these areas. 12 JUDGE FITZPATRICK: Without regard to what 13 was agreed or wasn't agreed, maybe that was a little vague. 14 Could you state again what you're going to 15 seek to get from this witness and what is your purpose for 16 qualifying him as an expert? 17 MS. YOUNG: I am qualifying him as an expert 18 to testify in analytical procedures for volatile organic 19 compounds, and in particular, the procedures used in our 20 laboratory and the reliability of those procedures.

21 JUDGE FITZPATRICK: Do you have a comment

22 on that, Mr. Armstrong?

23 MR. ARMSTRONG: Only that I think it's

24 irrelevant since the position we are taking is that in order

25 to lay a foundation, some knowledgable person -- and I think CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SUUAKE STATION KARRISBURG. PA. 17108 m n Q t\ C Q \ "1 TELEPHONE: (717) 533-2195 R K J U */O I / 45 l 744 he wasn't the actual analyst or chemist. It was his super- 3 visor who could testify to what the persons under his direct 4 supervision did, that we expect Mr. Majarek, for example -- I apologize if I'm not stating his name correctly --an analyst on many of the reports we've seen on the record, to take the stand and testify to what he did, and we don't object to this witness testifying about the exhibits that are pending before Your Honor with conditional rulings on them, 10 addressing those lab sample reports and testifying about what ! 11 was done, what equipment was used, the method that was j i I2 followed, the techniques used, how the findings were { i 13 reported, how they came to be on these reports, these kinds 14 of things. So what we're trying to do, as I said earlier, is we're trying to actually test the accuracy and I7 reliability and validity of these findings. 18 JUDGE FITZPATRICK: I think testimony just 19 about the GC/MS test in general, I think that would be 20 relevant. As far as whether that goes far enough, that might 21 be another question that would have to be addressed.

22 MR. ARMSTRONG: I'll not object to that, 23 Your Honor. I make no objection to that. 24 . JUDGE FITZPATRICK: Let me ask you this, Mr. 25 Armstrong. I'm going to give you the same offer as I've

CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION , ., r\ r\ J- Q { Q HARRISBURG. PA. 17108 A it *5 U 0 0 I 0 TELEPHONE: (717) 533-2195 46 1 745 2 you at other times during the hearing this week. If you wish that Mr. Robinson not testify now and be recalled after i 4 you've had a chance to do discovery, I'll give you the oppor- 5 tunity to do so. j Do you wish to -- . 7 MR. ARMSTRONG: I just hate to keep -- we i 8 already have that now with an expert both ways and, as I i ! i 9 recall, five lay witnesses. " ! 10 JUDGE FITZPATRICK: I wasn't sure whether j 11 that might have been -- whether you might have reached an . i j 12 agreement where they can testify with regard to the five lay i 13 witnesses. You haven't?

14 MR. ARMSTRONG: No. 15 JUDGE FITZPATRICK: We're talking about the I i 16 Westinghouse former employes? j I '17 MR. ARMSTRONG: Yes, sir. Earl Plank was 18 the one who was actually sworn. We were told there were four 19 others similarly situated. 20 We really do intend to follow up with

21 depositions, in the interim and deal with those in the further

22 hearings. Also, we do plan to take Dr. Harper's deposition,

23 and I assume Ms. Young will assume to take Dr. Rothman's,

24 but when I think about, you know, we've had about eight additional witnesses this week and taking eight additional CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 ft R 3 0 5 8 I 9 TELEPHONE: (717) 533-2195 47 1 7.46 2 depositions in the interim, I just wonder about -- there's c ^**"^^^ limit to everything, and whether that's practical.

I would -- I thank you for your offer, Your Honor, and would say that I object to the witness being designated at this point as an expert. I do not object to 7 his testimony ongoing. 8 Perhaps at the end of his direct, I might need some relief, even if it would be an opportunity to talk a bit with some of our own experts about a cross- 11 examination, just a temporary -- I2 JUDGE FITZPATRICK: That's perfectly fine, 13 Mr. Armstrong. We'll proceed that way. I'll let Ms. Young( 14 continue with the direct, and then you can tell me what your lf) preference is at the end of that before your time for cross-examination. *

17 MR. ARMSTRONG: Fine. Thank you, Your 18 Honor. JUDGE FITZPATRICK: Thank you.

20 BY MS. YOUNG: 21 Q Mr. Robinson, do you work with any 22 particular section in the Department's laboratories? 23 A I work in the GC/MS Section. 24 Q And what is the GC/MS Section? 25 A We do volatile and semi-volatile organic

CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRtSBURG. PA. 1710B TELEPHONE: (7!7) 533-2195 48 l 747 2 analyses. Q Are you familiar with the laboratory's sample handling procedures? A Yes. 6 Q And where are samples received in the lab? 7 A They are received in the shipping and 8 receiving section of the inorganic laboratory. 9 Q And then were are samples stored in that 10 area? 11 A Well, they are received in the morning under 12 normal conditions. They come in in the morning in ice 13 coolers, and the receiving personnel will remove the samples 14 from the coolers and then line them up so they can be logged 15 in. 16 If samples come in at any time after that, 17 they are handled one of two ways. They may be immediately 18 logged in or if it's after the receiving personnel have 19 left, they will be put in a refrigerator.

20 Q And how are samples distributed at that

21 point?

22 A They're broken down between the inorganic

2S and organic sections first; and then secondly, as far as the

21 organic section is concerned, they are logged in according

25 to the type of analyses that are going to be performed on it. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION 6 R 3 0 5 8 2. » HARRISBURG. PA. 17100 " *^ TELEPHONE: (717) 533-2195 49 1 748 - After logging in, they are distributed to 3 the chemists. • 4 Q What happens after the samples are

distributed to the chemists?

A They will either be refrigerated until they are going to be prepped or they will be prepped immediately and then analyzed. Q And how are samples assigned to the l° analysts? A By the type of analysis that's going to be 12 performed on it, whether it is a pesticide or herbicide or 13 volatile or semi-volatile analysis or for IR identificatior ^_x 14 Q Is there any individual who makes these 15 assignments? 16 A The conductor normally will ask for the 17 specific analysis that they want. j Q Do you know what the procedure is if a 19 sample is hand-delivered to the lab by the collector? 20 A If it's hand-delivered first thing in the 21 morning while the samples are being logged in, it would be 22 logged in with the samples that arrived by courier. 23 If they are brought in throughout the day 24 prior to the receiving personnel leaving, they will be

25 logged in and distributed then. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17103 TELEPHONE: (717) 533-? 195 50 1 749 2 If they are brought in after the receiving personnel leave, the collectors themselves will place them into the refrigerator. Q And is there a refrigerated storage area there in the lab? A Yes. 8 Q Can you tell us how long a sample could 9 remain refrigerated prior to testing for TCE without 10 affecting the results? 11 A One week. 12 Q How would non-refrigeration of the sample 13 affect the results of the sample? s 14 A They would be lowered or the compact 15 not be detected at all if the quantity in the sample is low 16 enough. 17 Q Now, is any log book maintained in your 18 section of the laboratory? - 19 A There is a log book maintained by the 20 section supervisor that logs in all the samples with the

21 collector number, the assigned organic number, the date

22 received, and the analysis to be performed.

21 And then in the mass spec section, a separate

24 log book is maintained of when the sample is run.

25 CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 fiR305823 TELEPHONE: (717) 533-2195 51 1 750

2 BY JUDGE FITZPATRICK:

Q By "mass spec," you are talking about the

GM/MS?

A GC/MS. 6 Q Could you state for the record exactly what 7 that stands for?

8 A "GC" is gas chromatography and "MS" is 9 mass spectrography. 10 JUDGE FITZPATRICK: Thank you.

11 BY MS. YOUNG: 12 Q Does the log book indicate when blanks are 13 run? 14 A Yes. 15 Q How long has this procedure of maintaining a 16 log book been in place in that section of the lab? 17 A The log books I have available to me run

18 back to 1979, and they all have blanks and standards 19 recorded.

. 20 Q Have the procedures changed at all in the

21 time period that you have log books available?

22 A The procedure for keeping the log book

2.'t hasn't.

24 Q You just mentioned what GC/MS stands for.

25 Are you familiar with this analysis that is known as CAPITAL CITY REPORTING SERVICE BOX 11900 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 52 1 751 2 gas chromatograph, mass spectroscopy? 3 A That's my assignment. . 4 Q What is this particular technique used for? 5 A In our laboratory, it is used for the 6 identification of volatile and semi-volatile organic 7 compounds. 8 Q Would it be used to analyze for trichloro- 9 ethelene? 1.0 A . Yes. 11 Q And would you use it to analyze for 1,1,1 12 trichloroethane? 13 A Yes. 14 Q Would you explain how this analysis is 15 performed? 16 A The sample is received in a forty-milliliter 17 VOA vial, and five milliliters of that is placed into a 18 syringe and.injected into a head space analyzer or a head 19 space sampler on the GC mass spec.

20 The sample is purged from the fiye-milliliterj

21 tube onto an analytical trap, and then removed from the

22 analytical trap by thermal absorption to a — within the

2.1 gas chromatic range oven. Then the temperature within the

24 oven is raised according to a predetermined program, and the content is detected by mass spectroscopy. CAPITAL CITY REPORTING SERVICICE BOX 11908 - FEDERAL SQUAKE STATION HARRISBURG, PA. 17108 ftR305825 TELEPHONE: (717) 533-2195 53 i J52 2 Q Could you just explain generally what a gas chromatograph is?

A The sample to be analyzed is.injected onto a column. In this case, we use a capillary column. Then it is injected into a low temperature -- in our case, we're using 7. one that's thirty-five degrees Centigrade. And then the 8 temperature raises eventually to 180 degrees, and as the 9 temperature is increased, the compounds from the sample are 10 boiled off the column, depending when they're boiling, to j 11 separate them. I 12 Q Now, this machine that you've just described,j i 13 is it automated?

14 A Yes. 15 Q Does it produce a copy of its results in any 16 way? 17 A Yes, it does. It gives us a hard copy of the 18 results. 19 Q And what were you saying about the tempera-

20 ture?

21 A Well, in order to separate all the compounds

22 that may be present in the sample, we use a temperature range

23 within the oven. AT that time, we were using six degrees per

24 minute, and it would -- well, and at that time, the tempera-

25 ture started at twenty degrees Centigrade, and at a rate of CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG, PA. 17108 ftR30582& TELEPHONE: (717) 533-2195 54 1 753 2 six degrees per minute up to 180 degrees Centigrade. Q How is this machine calibrated? 4 A We have an internal cal gas that each day 5 is --we read the ratio of the peak heights of certain (i pertinent ions, certain masses, and as long as the ratio 7 falls within the limits that are specified by the EPA, we 8 assume the caliber is correct. 9 Q How often is this done? 10 A This is done daily. 11 Q Is there any other quality assurance proce- 12 dures that you use on that machine? 13 A After the ratio of mass height is measured, 14 we run a blank symbol to be sure there is nothing --no 15 background material in the system. Then that is followed 16 by a standard, which is quantitative, a known standard of 17 twenty ppb, and a.quantitation done on that to check the 18 accuracy of the quantitation. 19 Q And how often is that done? 20 A Daily.

21 Q At what time -- is there a particular time

22 during the day that that's done?

23 A The blank is the first thing that is. done

24 after the check against the cal gas, and the standard is

25 run' following the blank. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 ft R 3 Q 5 8 2 7 TELEPHONEcfeourtuc:. (717/TI*\) ei533-219i «itae5 ** ** 55 l .754 Q So are these quality assurance procedures 3 done before any samples are analyzed? 4 A No samples are run until the blank is. Q Is there any certification of your labora- 6 tory? 7 A The laboratory has to meet EPA certification. 8 Q And has this lab been certified in the 9 period from 1983.to 1987? 10 A Yes, it has. 11 Q Do you know what the requirements are for certification?

13 A The EPA sends check standards in to us, and 14 they do not let us know the values of them, of course. Tehy are in a series of three or four or five samples that are received, and we analyze them both for qualitative and quantitative analyses and then report the results to the 18 EPA. 19 Q Has the GC/MS test procedures -- test 0 methods -- changed since 1983? 21 MR. ARMSTRONG: Excuse me, Your Honor. If 22 this question is asking if he knows from personal knowledge 23 how it was done in 1983, when he was not there, and in 1984, 24 when he was employed by FMC, and in 1985, when similarly 25 for part of that year, he was not an employe of DER at all, CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 &R305828 TELEPHONE: (717) 533-2195 56 755 2 I object to it as asking him to suggest that those procedures 3 were followed when he wouldn't know what was going on at the lab. 5 JUDGE FITZPATRICK: I am going to overrule tt your objection. You can ask this on cross-examination, and 7 if you think you've gotten something which casts doubt on his 8 testimony, you can move to strike it in that regard. 9 . I'll overrule the objection. 1° Do you recall the question?

11 THE WITNESS: I'd rather have it repeated, 12 if I may. 13 (The last question was read back by the 14 court reporter.) 15 MR. ARMSTRONG: Objection to the form of the j ly question as being vague. |

I7 JUDGE FITZPATRICK: I'll overrule the | objection. THE WITNESS: No, it hasn't. 20 We are still following the EPA method.

21 BY MS. YOUNG:

22 Q Is GC/MS an accepted procedure for analyzing 23 volatile organic compounds? 24 A Yes, it is. 25 Q And has this method been approved by the CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG, PA. 17108 TELEPHONE: (717) 533-2195 57 1 .-756 Environmental Protection Agency? A We use EPA Method 624, which is their method of choice.

Q And what is the function of EPA Method 624? (i A Simply stated, to analyze samples of any 7 matrix for volatile organic compounds. 8 Q Are you familiar with the EPA 601 method?

9 A No. 10 MS. YOUNG: I am going to be showing this 11 witness lab reports that have been identified in Exhibits C-85, 123, 124, 125, and 127. 13 (Documents handed to the witness.)

14 BY MS. YOUNG: 15 Q I'm handing you five exhibits, quite a few 16 pages there. I guess we can just start with C-85. Would you I7 take a minute to examine C-85. "18 MR. ARMSTRONG: Your Honor, I have been 19 unable to assemble the exhibits yet. Perhaps we could have 20 a moment. 21 The indication I have is that C-85 has not 22 thus far been identified, and I can't find C-124. 23 Oh, here it is. C-124 has not yet been identified, and at this point, I simply want to ask if my 25 understanding about those two exhibits is accurate?

CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 j^R 3Q5830 TELEPHONE: (717) 533-2195 58 l .757 j MS. YOUNG: I believe that's correct. We i have not yet put on all the individuals who collected all the ! samples, but at this point, because we have the chemist | i available, we are going to lay the foundation for all of our i .6 lab reports in terms of the chemical analyses, but we still 7 have another witness yet to go on collection. 8 MR. ARMSTRONG: I do have them before me now,j i 9 Your Honor. 10 JUDGE FITZPATRICK: .Fine. 11 Proceed, Ms. Young.

12 BY MS. YOUNG: 13 Q Have you had a chance to look at C-85, Mr. 14 Robinson? 15 A Yes, I have. 16 Q Do you know how these samples were 17 analyzed? 18 MR. ARMSTRONG: Excuse me. I have not had a 19 chance to look at C-85. If I may just have a moment? 20 JUDGE FITZPATRICK: Ms. Young, I take it you

21 have quite a bit of testimony yet from this witness?

22 MS. YOUNG: I don't really think it's that

23. much, but I'm going to try to get him to look at all of these

24 numerous lab reports there, but I don't know that I'm going

25 to go through them one by one. CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 ft R 3 0 5 8 3 I TELEPHONE: (717) 533-2195 59 l 758 JUDGE FITZPATRICK: Let's take a break until 11:30. (Brief recess.) JUDGE FITZPATRICK: Whenever you're ready,

Ms . Young. 7 MR. ARMSTRONG: Your Honor, if I might make 8 another statement?

9 JUDGE FITZPATRICK: Yes. , i 10 MR. ARMSTRONG: I was reminded during the i 11 recess .that we were informed -- it turns out I don't have any ] i 12 additional comment at this time.

13 JUDGE FITZPATRICK: All right. 14 Go ahead, Ms. Young. 15 (Discussion off the record.)

16 BY MS. YOUNG:

17 Q Now, Mr. Robinson, have you had a chance to IS look at Exhibit C-85? 19 A Yes, I have. 20 Q How were the samples that are included in 21 Exhibit C-85 analyzed? 22 MR. ARMSTRONG: Excuse me. Your Honor, I

23 object to that on the following grounds. 24 First, my copy of the exhibit is illegible. 25 I can't read it. I don't know if the same affliction impac^S- CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 SR305832 TELEPHONE: (717) 533-2195 60 l 759 2 on the exhibit before the witness or before the Court. 3 The first page, I can't read anything on at all. 4 In flipping through them -- and I have not r> seen the exhibit before. I haven't had a chance to look at it h since we got it Tuesday. I note that I can't read the 7 collector at all through -- not at all, but dealing with the 8 bottom half, I can't read addresses or sites or locations. 9 I don't even know if it falls in this case, but looking at the lt). bottom half, in addition to not being able to read the 11' quantitative results, I note that the analyst would appear { i 1 i 2o to be a person -- here's one I can read. Her name is Susan --!i !3 I think "C." -- Karr. I can't read any dates on any of J 14 them, so I don't know whether they were even taken while 15 this witness was an employe of the Department. I6 I would add a further substantive objection

17 that there has been no foundation laid for this-witness to I8 testify to the quantitative results of any lab sample, and 19 certainly not those contained in C-85.

20 JUDGE FITZPATRICK: Ms. Young? 21 MS. YOUNG: Your Honor, if I could have a 22 minute, I think we can get the originals of C-85 and provide

23 them to counsel to examine. 24 JUDGE FITZPATRICK: To address at least the -s 25 legibility problem? CAPITAL CITY REPORTING SERVICE DOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 & R 3 0 5 8 3 3 TELEPHONE: (717) 533-2195 I I

61 1 760

MS. YOUNG: Right.

JUDGE FITZPATRICK: Go ahead. | ! MS< YOUNG: What I'd like to do -- maybe I I can move on to the other exhibits at this point and come 6 back to C-85.

7 JUDGE FITZPATRICK: We can do it that way. 8 We might have similar objections, but why don't you go ahead. 9 Then we can address all the problems with C-85 at once. j

10 ' MS. YOUNG: Okay.

11 BY MS. YOUNG:

Q Mr. Robinson, if. you would, take a look at 13 C-123? 14 JUDGE FITZPATRICK: Off the record. 15 (Discussion off the record.)

16 BY MS. YOUNG: 17 Q Can you tell us how the samples in I8 Exhibit C-123 were analyzed? 19 A By Method 625. 20 Q Do you mean 624? I 21 A Or 624. I'm sorry. Yes. 22 Q And how do you know that? 2:1 A At the time, I was in the GC/MS Section, and 24 when Mrs. Kar was not there to run the instrument, it was my 25 responsibility to take her place. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG, PA. 17108 TELEPHONE: (717) 533-2195 62 761 | Q And is it indicated on this lab sheet what : 3 the method that was used was? 4 A The collector is asking for VOA analyses, j 5 so that would be the method that would be used. ' 6 Q And during the time period when these three ! i 7 samples in Exhibit C-123 were analyzed, was that the only i 8 method being used for analyzing VOA's? : 9 A Yes. : 10 Q Do you see in the section where it says, 11 "Do not write below this line," there is some writing that 12 indicates -- does that indicate that the GC/MS test was used? 13 A Yes, it does. 14 Q And looking at the first lab sheet in that 15 exhibit, does it indicate a detection limit for that method? : 16 A Yes.

1 Q And what is that? 18 MR. ARMSTRONG: Excuse me. I don't know i 19 where in the exhibit the witness is now being referenced, and

20 I say that because I don't want to make an objection if it's i 21 a part that Your Honor has -- I use the word "conditionally" -

22 admitted or indicated you would not keep out.

23. Might we know physically where on the

24 exhibit this data is coming from?

25 JUDGE FITZPATRICK: Could you point out -- I CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG, PA. 1710C AR3Q5835 TELEPHONE: (717) 533-2195 63 l • 762 think I see it. It's right in the section, "Do not write -^/ below this line," and it appears to be the writing at the '.. bottom of that section, "Quantitative Results." MR. ARMSTRONG: Okay. If that's what it is. I wanted to be sure it was not above the, "Do not write 7 below this line," because I consider that essentially in. 8 Since it's below that, Your Honor, I object 9 to the witness reading from this document because it's 1° written hearsay, written by another person, I would guess

11 Mrs. Kar, but I don't know, certainly not by this witness, 12 and he's taking another person's written hearsay who is not 13 here to cross-examine. This question would have him place 14 that in the record, so I object to that. ir> MS. YOUNG: I believe that this would come iri under the Business Records Exception to the Hearsay Rule. 1" We have an individual from this section of the laboratory who 18 has testified about the normal procedures of this particular test, who is familiar with this test, and that he recognizes 20 these samples as having been done according to this 21 particular test. 22 MR. ARMSTRONG: These tests are part of the 23 investigation by the Department that demanded a $100,000 24 penalty as early as 1984, from Westinghouse Electric. They 25 clearly are not business records, but beyond that, we have

CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION ftR30583u HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 64 763 contested and we have requested the opportunity to have inquiry for the Board and for us to test how it was done, j • 4 how these samples were analyzed, so that we can determine the n accuracy, the validity, and the reliability of the samples, 6 not only for the purpose of this civil proceeding, but for the! 7 ongoing RIFS, and to simply put a person on the witness stand j i 8 and have that person read an analysis that another person did 9 deprives us of any opportunity to do that. 10 We object to it as hearsay.

11 JUDGE:FITZPATRICK: I'll overrule the 12 objection.

13 BY MS. YOUNG: 14 Q Mr. Robinson, why don't you just explain to 15 us what the procedure is in the lab for completing these 16 lab sheets? i

17 JUDGE FITZPATRICK: Before we go on, do you 18 want to withdraw your last question, because I think you had 19 asked a question, there was an objection, I overruled it,

20 and then .you went on to something different.

21 MS. -YOUNG: I thought we had an answer. If

22 the reporter would read back the question?

23 (The last question was read back by the

24 court reporter.)

25 THE, WITNESS: The answer is 0.5 raicrograms CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17103 TELEPHONE: (717) 533-2195 65 1 764 2 per liter.

BY MS. YOUNG:

Q Are you familiar with what the detection

limit is for the GC/MS test?

A Yes. | i Q And what is that detection limit? j i 8 A At the time these were run, it was 0.5 i t 9 microliters -- micrograms per liter. At the current time, it j is one microgram per liter. 11 Q Now, could you explain for us what the procedure is for the -- in the laboratory for completing 13 these lab sheets?

14 MR. ARMSTRONG: Your Honor, I object. 15 There has been no grounds laid to demonstrate that this witness knows anything at all about how these lab sheets in

I7 Exhibit C-123 were prepared, because they were obviously 18 prepared by another person, and I object to it as hearsay 19 and the lack of foundation. 20 JUDGE FITZPATRICK: Overruled. 21 THE WITNESS: After the analysis is run, 22 the instrument is computed as an automatic quantitation. 23. After the quantitation is completed, we have a hard copy of 24 the chromatogram of the sample which indicates all the peaks 25 for compounds that were found, as well as the internal

CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 ftR305838 TELEPHONE: (717) 533-2195 66 1 765 2 standards and surrogates that were added to the sample. Immediately following the chromatogram is a list of all the compounds that were in the library that were used for the quantitation report. That is followed by a report, and the amounts of each compound that were found . 7 within the sample, which is followed by another report which 8 gives us the purity of those compounds, as well as the scan 9 number, where they were found, and compares that to the 10 expected scan number.

11 BY MS. YOUNG: 12 Q Now, at which point in the course of the 13 normal procedure at the lab, would the lab report be filled 14 out? 15 A After the quantitation report is taken off 16 the instrument, the analysts would fill out'this report based '17 on the results of that report. 18 Q Now, looking at Exhibit C-123, starting with 19 the first page, are any results reported on that one? 20 A There was no contamination found --

21 MR. ARMSTRONG: Excuse me. Your Honor, the

22 question is are any results reported. That's not an

23 objectionable question if the witness doesn't answer the

24 question, but actually reads from the document before I have

25 a chance to object to the next question of what is reported CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 67 1 766 i and I think this question should be answered "yes" or "no." JUDGE FITZPATRICK: I'm not sure I understand! ! 4 your objection, Mr. Armstrong.

5 MR. ARMSTRONG: Well, the question is, is 6 there anything reported on there. The answer to that is 7 "yes" or "no." If he says "yes," the next question is, "What ; 8 is reported on there." I get up, I object on the grounds with which the court is familiar. I am overruled, I sit 10 down, the question is answered, but I have protected my 11 record. I2 She asked, "Is there anything reported on 13 there?" I think -the witness ought to answer that "yes" or 14 "no".

15 JUDGE FITZPATRICK: Well, I think 16 technically, you're probably correc't, Mr. Armstrong, but if you feel that something's come in that you don't want in -- 18 and, again, we're talking about these things where I'm looking! down at these documents and I see the number that's there, but i if you feel that it was improper, you can move to strike it.

21 MR. ARMSTRONG: I hate to interrupt the 22 witness because it's rude to keep doing that, so, okay, I'll 23 have to interrupt the witness and say that I object to the 24 answer being given on the grounds that there's no foundation 25 laid, the witness has no personal knowledge of the matters ^— J CAPITAL CITY REPORTING SERVICE BOX H908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 AR3058UO TELEPHONE: (717) 533-2195 68 767 which he is reading, and it's written here saying, and it's not an objection to the witness. JUDGE FITZPATRICK: Well, maybe we can get into that because I can see that coming up again and again 6 here. 7 MR. ARMSTRONG: That's right, and that's my S problem. I have to protect the record. 9 JUDGE FITZPATRICK: Okay, I see, but your 10 position is then that you object to this witness testifying 11 regarding the lab results from this document, and now I guess 12 we're on C-123? 13 MR. ARMSTRONG: That's right. 14 JUDGE FITZPATRICK: Why don't you state your 15 basis for that again? 16 MR. ARMSTRONG: Well, the basis for that, 17 Your Honor, is that there is no foundation laid that this 18 witness has any knowledge of the quantitative results or the 19 analytical results which are reported on this special 20 analysis report or any other part of C-123. We know that he was employed there at that

22 time, we know that when Mrs. Kar was not at work, that he

23 ran similar analyses on other samples, and I assume signed

24 his name to it as the analyst, dated it, and about those,

25 he's fully qualified, to testify about what he did. He is now CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 ft R 3 Q 5 8 ^ I TELEPHONE: (717) 533-2195 69 ! . 768 testifying to what Mrs. Kar did, how she did it, and now he' going to give the results which she obtained. She is not here. I can't ask her what she did, how she did it, whether those results are -- I can't test the accuracy, I can't ask her what she did next and then what did she do, I can't test 7 the validity, the reliability, I can't test whether she 8 followed normal procedures, how she took it off the hard 9 copy. I can't test anything about these results because 1° we're not presented with the witness who did it, Mrs. Kar. 11 We're presented with another person who did not do it, and I2 because it's written on a piece of paper that counsel claims 13 is a business record, it's going to go into the record as th , 14 analytical results obtained by the laboratory analysis and 15 we are going to be completely deprived of testing. We have to take those numbers because he's going to read them. 1? Why bother with the witness? You can read them. I can read them, if it's that simple. 19 JUDGE FITZPATRICK: Well, let me -- hold on, 20 Ms. Young. 21 Aren't we getting into now the matter that 22 was brought up the other day with regard to the effect of 23 the prior decision of -- by myself, sitting as the Hearing 24 Examiner in the Baumgardner decision, because that — now, 25 maybe you quarrel with that precedent, and you're perfectly CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17100 TELEPHONE: (717) 533-2195 70 769 entitled to do that, but I'm just -- I think we're starting to get into that, because in that case, there was a -- I ruled that the actual individual in the laboratory who conducted the test did not necessarily have to testify in 6 order to establish the admissibility of that test, so you 7 are disagreeing with that precedent at this point, it seems 8 to me. 9 MR. ARMSTRONG: If the application -- and 10 I'm going to put it this way because I don't know that I 11 disagree. In reading the opinion, I did not feel uncomfort- 12 able with that opinion under that fact situation. 13. However, if Your Honor would believe that 14 the application of that opinion would mean that Mr. Robinson '"' may read from all of these analytical test results in this 16 record properly, then I disagree with it. I think there are different things there that the person there., and I really hesitate to get into the 19 details of why I think it differs, but if it simply means 20 that a person who was employed there at that time can give 21 another person's analytical results, then I disagree with it.

22 JUDGE FITZPATRICK: Go ahead, Ms. Young. 23 State your position. . 24 MS. YOUNG: I think that we've established 25. the same foundation for admissibility as what you had CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDCKAL SQUAXE STAl ION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 71 ! 770 required to be established in Baumgardner, which is that we j 3 brought an individual in from this section of the laboratory 4 who has testified as to the procedures, he's familiar with the procedures, he's familiar with the equipment and how it's calibrated and the reliability of the equipment and the 7 normal procedures of how records are kept in the lab, and 8 through that testimony, I think we have established the 9 admissibility of these reports without bringing in the 10 specific individual who actually ran the machine during these tests. I2 JUDGE FITZPATRICK: All right. I'm going to 13 overrule the objection and allow the testimony. 14 • I, indeed, think that we're within the same area that was covered in the Baumgardner decision. Mr. Armstrong is perfectly within his rights in disagreeing with 17 that, and he can raise that point in his posthearing briefs I8 or on an appeal, if it would come to that, but I think we 19 are within that decision, and I'll listen to any cross- 20 examination, of course, by which Mr. Armstrong attempts to discredit the weight that should be accorded to this 22 testimony. 23 But I think we are within Baumgardner, and 24 I will overrule the objection and allow the testimony. 25 MS. YOUNG: Before we get into every lab CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 72 * 771 she.et here, I would just like to point out that I don't feel that it's necessary for us to have this witness read all these • 4 results into the record if we can get the reports themselves 5 admitted, but for some individual reports, I am going to ask (i him what the results are and maybe explain something that's a 7 little bit different about that particular report, but other 8 than that, I think what we're trying to do here is get the 9 reports themselves admitted into the record so that we can 10 use the results, indicated by using the reports. 11 JUDGE FITZPATRICK: I guess I don't see much 12 difference between -- I can't see a situation where his read- , 13 ing them would be admissible and what's in the actual report 14 would not be, so I don't see that there's really a distinction 15 there, because the objection, it seems to me, would go to the 16 same. The objections would be based upon the same grounds, 17 I believe, so I don't really see any distinction. 18 Do you have a comment? 19 MR. ARMSTRONG: Yes, Your Honor. It's the

20 substance. I wish I could convince somebody of our sincerity.

21 It's the number 2.3. We have reasons to doubt that, the

22 accuracy. I have suggested those to you earlier, so we want

23 to find out whether the 2.3 is accurate. We can't, so

24 certainly, I object both to either Mr. Robinson reading the

25 quantitative numbers or the lack thereof into the record, or CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 73 l 772 2 the exhibits going in with those numbers into the record. 3 I am not disturbed that the Hearing Examiner 4 sees them. The Hearing Examiner is a professional Hearing 5 Examiner, and if the Hearing Examiner sees them and this 6 substance of reports are not admitted into the record, the 7 Hearing Examiner can and will ignore them. But if the number 8 goes in, either by way of verbal testimony or by the 9 exhibit or both, so that thereafter, the determinations of 10 certain contamination levels are made as findings of fact 11 initially by the Hearing Examiner, then we certainly, 12 indeed, are prejudiced and haven't had a day in court on the 13 issue of the accuracy of those numbers. 14 JUDGE FITZPATRICK: Well, I guess the only 15 thing I can say is if there is -- if Ms. Young asks the I6 witness to read them into the record, you ought to preserve 17 that by objecting at that time. 18 MR. ARMSTRONG: Yes, sir.

19 BY MS. YOUNG: 20 Q Now getting back to C-123, I had asked you -- 21 my last question was whether any results were reported in the 22 three samples, lab reports that are part of Exhibit C-123? 23 A There were no contaminants detected. 24 Q Now, I notice on these three lab sheets, in 25 the section that says, "Quantitative Results," there is CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG, PA. 17103 TELEPHONE: (717) 533-2195 1 773

2 nothing written in there. Does that mean that there were no 3 VOC's detected?

4 MR. ARMSTRONG: Excuse me. Objected to on 5 the grounds previously stated and as being leading. fi JUDGE FITZPATRICK: Overruled. 7 THE WITNESS: Since there is nothing written " , - - 1 8 under "Quantitative Results," there were no quantitative 9 results. There was nothing detected.

10 BY MS. YOUNG: 11 Q Now, if you could take a minute and examine 12 Exhibit C-124. 13 MR. ARMSTRONG: Your Honor, can we have the. 14 witness's actual first day of employment with the Department 15 of Environmental Resources? 16 JUDGE FITZPATRICK: Do you object to giving

17 that, Ms. Young? 18 MS. YOUNG: I don't see why that can't be 19 asked on cross-examination. 20 MR. ARMSTRONG: Well, for the simple reason 21 that if we're now going to have him read from reports that

22 were created before he was even an employe, I wish to have

23 that as an additional objection when I make it.

24 I really can't understand why a simple

25 request like that can't be complied with. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION ft D O H ^ ft / 7 HARRISBURG, PA. 17108 H IV 0 U D O 4 / TELEPHONE: (717) 533-2195 75 l 774 2 MS. YOUNG: I don't object to that going \J 3 into the record. 4 JUDGE FITZPATRICK: Yes, let's establish 5 that.

(i BY JUDGE FITZPATRICK:

7 Q When were you first employed by the 8 Department of Environmental Resources? 9 A October 16, 1984.

10 BY MS. YOUNG: 11 Q Have you had a chance to review those 12 reports? 13 A Yes, I have. 14 Q Do you know how those samples that are 15 reported there were analyzed? 16 MR. ARMSTRONG: Objection, Your Honor. 1" There is no foundation laid to indicate how or why this l8 witness would have that knowledge. 19 JUDGE FITZPATRICK: Overruled. 20 THE WITNESS: They were run by Method 624.

21 BY MS. YOUNG: 22 Q And how do you know that? 23 MR. ARMSTRONG: Same objection.

24 JUDGE FITZPATRICK: Overruled. 25 THE WITNESS: The collector asked for VOC CAPITAL CITY REPORTING SERVICE t BOX 11908 - FEDERAL SQUARE STATION ftR3Q58^8 HARRISBURG. PA. 17103 TCICOU/1MC. ITn\ <•)•» OIO« 76 ! . 775 ; ' 2 analyses.

3 BY MS. YOUNG: 4 Q And looking at the dates of these lab 5 sheets in this exhibit, was there any other method that would 6 have been used at that time for VOC analyses? 7 A No. 8 Q Now, if you would turn to the seventh 9 report in Exhibit C-124 -- or, rather, the sixth. Now, are 10 you looking at a report for O'Brien that indicates the 11 "Establishment," O'Brien? 12 A Yes. . i 13 Q Looking at the "Quantitative Results" that 14 are reported, can you tell us what compounds are detected lr> there? 16 MR. ARMSTRONG: Your Honor, we object to

I7 that on the grounds that the report indicates by the writing lg that the analyst was one Susan C. Kar, K-a-r, who made the 19 analysis on August 7, 1985, or reported it on that date, and 20 clearly everything reported below the statement, "Do not 21 writen below this line," is reported by Ms. Kar, who 22 apparently was the chemist or analyst who performed the lab 23 analysis; and, therefore, we object to Mr. Robinson testifying 24 to what she found, since there has been no foundation laid 25 that he has any knowledge -- personal knowledge of that, and CAPITAL CITY REPORTING SERVICE . BOX 11909 - FEDERAL SQUARE STATION HARSISBURC. PA. 17100 TELEPHONE: (717) 533-2195 77 776 because it's hearsay. , JUDGE FITZPATRICK: Objection overruled.

BY MS. YOUNG: Q Can you tell us what compounds are reported l) on that particular report? 7 A 1,2 dichloroethylene; 1,1,1 trichloroethane; 8 trichloroethylene. 9 Q Now, looking at the first one, 1,2 10 dichloroethylene, do you know what that chemical is? Do you 11 know anything about that chemical? 12 A It's a hazardous chemical on the regulated j 1 13 substance list of the EPA. j 14 Q In your experience doing chemical analyses, 15 have you seen in samples where trichloroethylene is detected, l6 have you also seen this 1,2 dichloroethylene detected? I7 A Frequently. Q Now* if you will turn to the tenth page in, which is also indicated to be taken at the O'Brien 20 establishment -- have you found that particular report? 21 A Yes.

22 Q What compounds were detected in that 23 particular sample? 24 MR. ARMSTRONG: Same objection for the same 25 reasons, Your Honor. CAPITAL CITY REPORTING SERVICE BOX T1908 • FEDERAL SQUARE STATION HARRISBURG, PA. 17108 TELEPHONE: (717) 533-2195 78 I 777 2 JUDGE FITZPATRICK: All right. Objection 3 overruled. •I THE WITNESS: 1,2 dichloroethane -- or, 5 correction. 1,1 dichloroethane; 1,2 dichloroethylene; 6 1,1,1 trichloroethane; trichloroethylene.

* 7 Q In your experience in doing chemical 8 analyses, have you ever seen in a sample where trichloro- 9 ethylene is detected, have you ever seen 1,1 dichloroethane? 10 A Yes. 11 Q And is that unusual? 12 A It's not unusual to have a series of 13 halogenated hydrocarbons present in a sample. 14 Q Could you just tell us generally what your 15 understanding of halogenated hydrocarbon is? 16 A That would be any compound — by 17 "hydrocarbon," I mean any of the alkane, alkene, alkine 18 series of compounds that have either florine, chlorine, 19 fromine, idine, or any combination of those present. 20 Q And looking at this lab report, on all four

21 of those compounds halogenated hydrocarbons?

22 A They all are.

23 Q Would you flip back through to what I believe

24 to be the twenty-fourth report. It should indicate the

25 establishment of Duane Botterbusch. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION * p O n C n C I HARRISBURG, PA. 17108 M li «5 U D Q D I TELEPHONE: (717) 533-2195 79 I 778 2 Have you located that one? Yes. 4 MR. ARMSTRONG: I have not. Do you know how 5 many it is from -- 6 JUDGE FITZPATRICK: It might be a couple of 7 pages before twenty-four. 8 MR. ARMSTRONG: Oh, here it is. 9 BY MS. YOUNG: 10 Q What were the compounds detected in that 11 particular sample? 12 MR. ARMSTRONG: Same objection for the — on 13 the same grounds as previously stated. 14 JUDGE FITZPATRICK: Objection overruled. 15 THE WITNESS: 1,1 dichloroethylene; Ifi 1,1 dichloroethane; 1,1,1 trichloroethane• .

17 BY MS. YOUNG: 18 Q Now, in particular, I want to ask you about j 19 1,1 dichloroethylene. I don't think that was one of the

20 compounds you previously mentioned. Is that also a halogen-

21 ated hydrocarbon?

22 MR. ARMSTRONG: Excuse me. Maybe I heard it

23 wrong, but I heard, "1,1" -- did she say "dichloro" --

24 MS. YOUNG: Dichloroethylene. MR. ARMSTRONG: The first one identified by CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 80 ! 779 2 the witness. 3 MS. YOUNG: I thought he had said 1,1 4 dichloroethane and 1,2 dichloroethylene so far at this point, 5 and now we're talking about 1,1 dichloroethylene. 0 MR. ARMSTRONG: Sorry. 7 MS. YOUNG: I realize these names are very 8 similar. 9 JUDGE FITZPATRICK: And the numbers, too.

10 MS. YOUNG: Right.

11 BY MS. YOUNG: 12 Q My question is is 1,1 dichloroethylene also 13 a halogenated hydrocarbon? 14 A Yes. 15 Q And have you seen this particular 1,1 I6 dichloroethylene in samples where 1", 1,1 trichloroethane or l7 trichloroethylene have been detected?

IS A Yes. . 19 Q Now looking just in general at the samples 20 that are attached as Exhibit, C-124, do they appear to you to 21 be recorded according to the normal procedures used by the 22 laboratory? 23 MR. ARMSTRONG: I object to that, Your Honor. 24 I think the witness has to be qualified to testify that they 25 were, not that they appear, and have some knowledge in orde^_> CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 81 1 780 2 to support that, so I object to that on the basis of lack of 3 foundation. * 4 JUDGE FITZPATRICK: I'll overrule the 5 objection. 6 THE WITNESS: This is the normal manner in 7 which the data is reported. 8' BY MS. YOUNG: 9 Now if you would take a minute and examine 10 C-125. 11 Have you had the opportunity to review that? j I 12 A Yes. i 13 Q How were the samples in Exhibit C-125 14 analyzed? 15 MR. ARMSTRONG: I object to that, Your Honor, 16 for the reasons previously stated to similar documents when 17 similar questions were asked; and, in addition, state that 18 the first sheet was analyzed by an analyst named David 19 Clemens, who signed the report. I simply note for the record 20 that it was Clemens and not Kar, but of greater substance,

21 the analysis was done on or before December 7, also Pearl

22 Habor Day, as it is today, exactly six years ago, 1983, on a

23 date when this gentleman was presumably happily employed by

24 FMC Corporation, and not an employe of the Department.

25 And as you go through, you will find, for CAPITAL CITY REPORTING SERVICE BOX 11908 . FEDERAL SQUARE STATION HARRISBURG. PA. 17108 fi R 3 Q 5 8 5 ^ TELEPHONE: (717) 533-2195 82 1 . 781 2 example, the next report, Coleman, was in December of '83, b~ j 3 Clemens;.Carver, December of '83, by Clemens; Colgan, i j 4 December of '83, by Clemens; Plank, December of '83, by j i 5 Clemens. ! fi Then there is a Coleman one which is by a 7 different analyst, and I don't know if I can read the name. 8 It looks like "White" or "W" something, "HT." 9 JUDGE FITZPATRICK: Is it sufficient to say 10 that you object- to any of these where the analysis was done 11 before Mr. Robinson's employment with the Department? 12 MR. ARMSTRONG: Yes, and to get to the date 13 part of it — , 14 JUDGE FITZPATRICK: That's an additional 15 objection in addition to the other ones you've raised? 16 MR. ARMSTRONG: Additional, yes, and there 17 are a couple of variations. I won't read each sheet, but I 18 do see, for example, Your Honor, on Nye, N-y-e, that the date 19 is May of '84, and there are a number of May of '84, and 20 then there are some Octobers of '84, and further, 1983 and 21 1984 reports. 22 As I look at this rather large, multi-paged 23 exhibit, it would appear that every report, every analysis 24 was done in the lab by some other analyst on some date 25 before he was there, except it would appear that the one by ^-* CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 83 782 Mr. Nesmith, which I would guess got into this exhibit by accident, concerning a William Parness, is within the period 4 of Mr. Robinson's employment in '86. 5 Then there is an aberration toward the rear, G Peggy Breighner. While the sample would appear to be taken 7 December 2 of '83, and logged in in '83, David Clemens 8 purports to report the analysis of it four years later on 9 December 7 of '87, and the balance after that appear to be 10 1983 or '84. 1* . So, essentially, with the one exception, I 12 think the second one, the anomaly, is simply that somebody 13 miswrote a date on there, so with the one exception, we add 14 the further objection that all of these were prepared by 15 other analysts in years previous to Mr. Robinson's employment l6 with the Department. I7 . JUDGE FITZPATRICK: All right. Well, I think 18 Mr. Robinson's testimony or knowledge of how those results 19 would be done -- I think it would transcend the date that he 20 started with the Department, and it would be based upon the 21 same knowledge that he's testifying with regard to the

22 samples that were taken after his employment with the 23 Department, and I understand that you're contesting that 24 generally• . , but •I think it falls within the same area as far 25 as I'm concerned, so I'll overrule the objection. CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARR.SBURG. PA. 17108 TELEPHONE: (717) 533-2195 84 783

BY MS. YOUNG: Q I believe the question was would you tell us 4 how the samples that are Exhibit C-125 were analyzed? 5 A They would have been done by the same method as the other analyses. 7 Q Which is the GC/MS? 8 A Yes. 9 Q And are these reports .the normal manner of 10 reporting lab results by the lab? 11 MR. ARMSTRONG: Same objection as last 12 stated, Your Honor. , 13 JUDGE FITZPATRICK: Objection overruled. i

14 THE WITNESS: Yes.

15 BY MS. YOUNG: Q I would like you to look back through this exhibit to about the twentieth page in, where it's indicated IS that the sample was taken at the Donald Kriel establishment. 19 Did you locate that lab report? 20 A Yes. 21 Q Now I'd like you to direct your attention

22 to the section where quantitative results are recorded; in 2;t particular, the result recorded for trichloroethylene. What

24 is that result? ' . ' \ 25 MR. ARMSTRONG: Same objection for the same CAPITAL CITY REPORTING SERVICE BOX 1 1908 - FEDERAL SQUARE STATION AR3QS857 HARRISBURG. PA. 17108 85 1 784 2 reason, Your Honor. I 3 " JUDGE FITZPATRICK: Objection overruled. 4 THE WITNESS: Greater than 120 micrograms per 5 liter.

6 BY MS. YOUNG: 7 Q Can you explain what that means when the lab 8 simply reports a result as being greater than 120 micrograms 9 per liter? 10 A The concentration of that contaminant in the 11 sample would have been beyond the range of the quantitation- 12 curve and, therefore, it would be difficult to say whether it 13 was 120 parts per billion or 220 parts per billion.

14 Q Now, what do you mean when you say the 15 result is greater than the quantitative curve? 16 A In mass spec, in order to give validity to 17 your quantitation results, a response curve is produced for 18 each compound in our library over a range of, for example, 19 two micrograms per liter to perhaps a hundred or 150 micro-

20 grams per liter. What that tell us is that we can rely on

21 the quantitation results over that range based on the value ! i i 22 of the internal standard that's been put into the sample to

23 quantitate against. When we get out beyond the linear range of

25 the response curve, then the data becomes — the exact value CAPITAL CITY REPORTING SERVIC BOX 11908 - FEDERAL SQUARE STATION HARRISBURG, PA. 17108 TELEPHONE- rrr.M r:32.?19S 86 ! • 785 becomes more and more erroneous the higher the concentratior j simply because we found find that we have saturation of the j 4 ions within the ionizer of the detection system, and there 5 would be a recombination occur so that the masses would fi become less reliable and, therefore, the intensity of any 7 given is particularly that mass that we'quantitate against 8 would tend to become lower than it actually was and therefore 9 give us a low value. l() Q So when you indicate that on the lab ' 11 reports, the result is greater than 120 micrograms per liter, 12 does that mean that the compound is present at least in that 13 concentration? , 14 A Yes. Q And that you can definitely quantify it as being over 120 micrograms per liter? A That's right. 18 Q But that you can't quantify exactly how far 19 beyond that the concentration is? 20 A That's right. 21 .Q Now, just to make sure I counted this 22 correctly, nine pages in from that exhibit, from that page of 23 the exhibit, what I am directing your attention to is a lab 24 report from a sample taken at the Kenneth Hess establishment 25 and, in particular, I'd like to direct your attention to ttus—'

CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION HARRISBURG. PA. 17108 TELEPHONE: (717) 533-2195 87 786 quantitative result reported for trichloroethylene. What was 3 the result reported?

4 MR. ARMSTRONG: Same objection, Your Honor, ;1 for the same reasons stated.

6 JUDGE FITZPATRICK: Objection overruled.

7 THE WITNESS: Estimated at 440 micrograms 8 per liter.

9 BY MS. YOUNG: 10 Q Do you know what it means when the 11 laboratory reports an estimated concentration? 12 MR. ARMSTRONG: Same objection.

13 JUDGE FITZPATRICK: Overruled. 14 THE WITNESS: When we report an estimated quantity, what we've done is measure the area under the peak j 16 for that particular compound on our chromatograph and attempt 17 to get a value that way by comparing it to the standard, 18 rather than using just simply the quantitation ion. 19 In this sample, the concentration was so 20 high .that the quantitation value became completely meaning-

21 less.

22 BY MS. YOUNG:

23 Q So is that similar to the situation you

24 described where you reported or the lab would report greater

25 than 120 microgr.ams per liter? CAPITAL CITY REPORTING SERVICE BOX 11900 • FEDERAL SQUARE STATION HARRBBURG. PA. 17108 TE1FPHONF- 1 787 2 A Yes. \J 3 Q Only in this case, the lab had attempted to estimate the concentration? A Yes, because if we get an estimated value like this under normal conditions, it's simply because the concentration is well beyond the range of our upper limit, and we attempt to come up with some sort of estimate of the 9 quantity in there for the collectors. 1° . Q I'd like you to take a look at Exhibit C-127. 11 Have you had the opportunity to examine that 12 exhibit? 13 A Yes. 14 Q Would you tell us how the samples that are 15 reported in Exhibit C-127 were analyzed? I6 A These were also analyzed by Method 624. 17 Q And how do you know that? A The collector has asked for either a full 19 VGA or a VGA analysis. 20 Q And again, is that — do you know that 21 because that was during the time period when that was the 22 method that the lab was using to do analyses? 23 .A That's right. 24 Q And are these laboratory reports prepared 25 according to the normal procedures in the laboratory? CAPITAL CITY REPORTING SERVICE BOX 11908 • FEDERAL SQUARE STATION A R 3 0 5 8 6 I HARRISBURG. PA. 17108 89 788 A Yes, they are. 3 Q I just want to go back to something you had 4 mentioned earlier when we were discussing the machinery, and 5 ask you if you could explain what the effect of using sub- 6 ambient temperatures is on the quality of the results? 7 A What it tends to do is give us a separation 8 of the lower compounds that would be in the sample so that we 9 in effect get a cleaner mass spectrum of the slow boiling • 10 compounds, and it also increases our sensitivity so that our 11 detection limits, in effect, are lower than they would be 12 without the use of them. 13 Q At one point, the detection limit of this 14 method was .5 micrograms per liter, and then at a later 15 point, it was one microgram per liter. Do you know at what » 16 point in time that change was made in the detection limit? 17 A I'd have to go back to the log books for .18 that to determine when the response curves were run and the • 19 change was noted.

20 JUDGE FITZPATRICK: Just to clarify, wasn't

21 the prior testimony that it went from .5 to-.1, because I

22 think when you asked your question, you said "one."

23 MR. ARMSTRONG: We agree with Ms. Young for a change.

25 MS. YOUNG: Why don't I just ask the witness CAPITAL C3TY REPORTING SERVICE BOX 11900 • FEDERAL SQUARE STATION HARRISBURG. PA.17100 TELEPHONE: (7171 £33.9195 90 l 789 what his prior testimony was. 3 THE WITNESS: As I recall, the original 4 sample I was looking at, a detection of .5 micrograms per liter was recorded on the sheet. That was during the initial testimony.

7 Looking at later exhibits, I noticed that it 8 had been indicated that the detection limit had increased from 9 .5 to 1.0. Exactly when all this happened, I don't know. It 10 happened some place between those first initial analyses and 11 when the latter analyses were run. 12 MS. YOUNG: That's all I have. 13 JUDGE FITZPATRICK: How do you wish to

14 proceed, Mr. Armstrong? Do you want to -- I guess there's a 15 couple of different things we can do. It's about time for our lunch break anyway, but do you want to think about this and decide whether to go ahead with cross, or are you ready to I8 make a decision on that now? MR. ARMSTRONG: What I am going to try to 20 do is learn a lot over the lunch period and try to equip 21 myself to conduct a cross-examination after lunch and see how

22 we do. 23 JUDGE FITZPATRICK: Would you like to take

24 a longer lunch period than normal? 2r; MR. ARMSTRONG: Well, if it wouldn't be a

CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION AR3Q5863 HARRISBURG. PA. 17100 91 790 great imposition, perhaps an hour and a half would better equip me .to do that. JUDGE FITZPATRICK: All right, that would be fine. We will reconvene at 2:00. 6 MR. ARMSTRONG: Thank you, Your Honor. 7 (Luncheon recess.) 8 JUDGE FITZPATRICK: Are you prepared to 9 cross-examine, Mr. Armstrong? 10 • MR. ARMSTRONG: Yes, Your Honor.

11 CROSS-EXAMINATION

12 BY MR. ARMSTRONG: 13 Q Mr. Robinson, in following the 624 method 14 in analyzing a water sample, I understood you to say that you 15 start with taking a five-milliliter water sample. What do you 16 do with that first? I wasn't able to follow it. 17 A For our control and quantitation purposes, 18 the first thing we do is place a known amount of internal 19 standard into it and then also known amounts of surrogates,

20 and then the sample is put onto the analyzer.

21 Q You put two things with it? Again, I --

22 what was the first thing?

23 A The internal standards.

24 Q The internal standards?

25 A By our method of quantitation, we use CAPITAL CITY REPORTING SERVICE BOX 11908 - FEDERAL SQUARE STATION & R *H fl 5 8 6 U HARRISBURG. PA. 17100 H R W U O V. TELEPHONE: (717) 533-2195 137 836 2 i would see mass 93 and very little mass 91, and yet mass 93 3 :j shouldn't exist for toluene. l ij' ! So therefore, yes, quantitatio' n would come 5 I out low because the compound is quantitated against a specific i (> i!! mass. 7 jj Q If the reverse of that were true so that 8 j you were attempting to detect extremely low levels, even 9 !| under the detectable level you were using, whatever it was, Hi would the error tend to be that the number would be higher li than accurately so?

12 A Recombination would result in a higher mass.

13 Q A higher mass.

1-1 I MR. ARMSTRONG: Your Honor, might we take lf> li afternoon recess at this point? i 1« |! JUDGE FITZPATRICK: We will recess until

17 twenty-seven minutes after three. (Brief recess.) 19 jj MR. ARMSTRONG: I have no further cross- 20 i! examination. i 21 JUDGE FITZPATRICK: Thank you, Mr. Armstrong.

22 Ms. Young. 23 REDIRECT EXAMINATION

24- BY MS. YOUNG:

25 Mr. Robinson, I'd like you to go back to <;A?5T/VL O'fY SJ-P^-WiJ-JG SsRVICH ;'..•;;-. i ("if/c - i-'cafift.u t;.V:«.>.'\:;3 SYATION rIARSISO'-'KO. PA.. :>i03 WE: (VI '} Si3- 11 W 138 837 - si testimony about what it means if the lab report is less than •I •t{ jj one microgram per liter. ;i 4 !! If the method detection limit is .5 and the •> i lab is reporting less than one, would that mean that you're 6 j definitely picking up a level that is somewhere between .5 and one? 8 A Yes. J) Q And you're certain -- the lab is certain that 10 that particular compound is present?

11 A Yes.

12 Q But that the lab is not willing to quantify

13 it because it's getting close to the method detection limit?

II A Well, not only because, it's getting — the in answer is yes, but not only because it's getting close to the

16 method detection limit, but because it's on the extreme low

17 end of our response curve.

18 Q Now, you were asked some questions about

19 Method 624, and in particular, about the vocol column that 20 ji we have in our gas chromatograph, and I just want you to

21 again look at this Section 11.1, where you had mentioned

22 before that other packed columns or chromatographic conditions

23 may be used if the requirements of Section 8.2 are met. A Yes. • . Q- Now, I'm going to refer you to that Section i CAPll'Al C5TY REPO3.-Yirf3 SERV1C5 j COS llVah - FEDftiAi. JQiJAflF E-r.T!CH HMKISaUfiG. .'A. <7.0G fiR3Q5866 ! TELEPHOfJt: { 139 l i 838 8.2, and ask you to take a look at it. 3 jj A (The witness complied with the request.) j! 4 ijj j Q Now, do you understand what Section 8.2 is n jj talking about? ; l « l! 'A Yes. 7 Q What is 8.2 about? K ij A Actually, two things. One is that you must establish that the -- you can control with the column you're 10 l using, that the sample concentrations are formed within the 11! theoretical limits which you have calculated through perform- 12 | ing experiments which they have stated there should be

13 I carried out. As long as you're operating within those

14 j limits, you can -- as I understand what they're saying --

If, i use the conditions you selected. 16 i The second part of it indictes that you must ij 17 jj use — that each sample must have spiked surrogates in it, as well as internal standards, and this is what we do when we add the surrogates, what they're calling a spiked surrogate. 20 j! Q Now, does our vocol meet these standards? 21 A Before we could use that column in day-to- day analyses, we had to perform the experiments that they

2:1 asked for in that section and establish the method limit of

21 detection and go through all the calculations and standard

25 deviations and so forth that they've asked for there. CAPITAL CJTY REPOKTittG SEKViCS 1JOX I'.'iy. • KQ\iX.\l fOUAHS -iT.ViiCW: HABRiSBURG. JV.. (7100 ft R 3 0 5 8 6 7 TELEPHONE: (7JV) 'J~">. ~'"~ 140 l ji •' 839 2 i| Q Now, you were asked about if you were J li 3 Ij familiar with specific method detection limits that EPA had i| •1 I established. Are method detection limits something that i "> Ij can be established independent of any particular instrument? ii A Each laboratory should establish its MDL's for its own instruments. Q And the fact that EPA has established a 9 particular MDL, does that have anything to do with whether our II) MDL is appropriate? 11 A The MDL's are determned by each laboratory 12 for its instruments, and they are established through i:; experimentation . 11 JUDGE FITZPATRICK: May I jump in here?

!•"> !'i BY JUDGE FITZPATRICK:

1C) Q Are the methods of experimentation set out .17 somewhere? 18 A They are the Method 624, the same -- you

19 have to use the same conditions to establish your MDL's as

20 you're using for your method of analysis.

21 JUDGE FITZPATRICK: Thank you.

22 THE WITNESS: You're welcome. 23 |j BY MS. YOUNG: 2-1 ! Q And are those the conditions that you were L'fi li Just referring to in that section that I had showed you?

*:r.P!TAI. CITY RE»»C-?fJwC SERVICE . ':'.o>: n•:•!/.•] • fs.c>£.i*\i •;-.r,!;\i:;: SJAIIOI.' HAM!****, rv.. mo» TELEPHONE: (7i7) 5S3-:t95 141 l 840 A Yes. Q I asked you earlier whether our lab is 4 certified by the EPA, and you indicated it was. Can you just I •"' |j explain in a little more detail what we have to do to get (i i certified? MR. ARMSTRONG: Excuse me, Your Honor. 8 |j I didn't ask a single question about it, and it's not proper 'j 0 i redirect. 10 I MS. YOUNG: I think he tried to raise the I i issue challenging our method detection limits and whether 12 Ij they were appropriate, and I think this would get into the

13 I area of whether we have had results checked by EPA. i !! !J MR. ARMSTRONG: I think it's unrelated. 1:~> :: I don't mind counsel going into the method detection limits Ij l« j established by EPA. I certainly went into that, and I don't . 17 object to that, but I asked nothing about EPA's certification 18 of DER's lab.

19 JUDGE FITZPATRICK: I'll overrule the

20 j objection. I think we're in the same area. It's hard to

•21 j create hard and fast lines here, but I think we're in the

22 ' area of the accuracy of DER's lab results, so I will overrule

23 the objection.

24 BY MS. YOUNG:

25 Q I asked you if you would explain what we CAPITAL C!YY REPCffTtf-'G SERVICE :iox r.soa • FEDERAL JQUAXE STATION HARSISBUKG. I'A. i7'iO!i TELEPHONE j| routinely sends us a series of samples. Since we're only .'; j, interested in VOA's here, we'll discuss those. They send us a series of samples to be analyzed for volatile organic compounds. These will be -- in our most recent, it was a series of four concentrated

10 samples and one sample supplied in VOA vials.

11 Supplied with these samples, they supply a 12 set of instructions for the preparation of those samples for

13 analysis.

M The series of compounds will differ. In one case, it would be, perhaps, a series of four extremely low boiling compounds. The second sample would contain, say, six, eight, ten compounds in the higher boiling range, 18 and plus it may also contain a sample or a compound that is 19 not necessarily in the regulated category, which we would i 20 j have in our library to be able to quantify. They may also M 21 Ii send at the same time a second concentration of that second 92 ! sample, and plus a VOA vial containing compounds altogether different from any of the others.

a-1 i We are required to not only detect all the 25 compounds that are in the samples, but we also must be able

CAPITAL CITY REPORTING SERVICE KQX 11?03 - F£Dtr.'Ai lOUASf STATIC'1.! KARRI? atl.'lu. IV.. \r\H3 TSLSPHGHC: (7!>) i.53-25'/? 143 ' 842 to quantify, them within a range around the true value, whicb j the EPA has set up through being, through their experience 4 | or through experimentation, a range within which we should be I! •r) j| able to quantitate that compound. tf ij They do not expect us to quantitate it at 7 j| the true value, but they expect us to quantitate it within a K ; range which they have established as being expected from any li 9 instrument which is tuned properly. Hi ' Q And we've been able to do that every year 11 that you've been there? 12 A So far, we have not lost our certification. 13 Q Now, can you explain how our lab arrives at 14 ! its method detection limit? lf» M A We do it through running a series of j in I predetermined concentrations or predetermined levels of all 17 ;j the compounds which are in our library, and it is based on i is a standard of running, say, a seven-point curve at a low i 19 ! level and establishing the standard deviation from the j i 20 i! results that we've obtained. jj ji 21 ;i From that, there is a theoretical formula ji 22 |S for establishing your MDL. ,,.j Q Do you think that it's unusual that our lab "" i 21 i would have a lower method detection limit than other labs? 25 - A I don't know that it would be unusual.

-•'.AWYAl CJ7Y gEPOgViNG SERVICE :;o:< mew • ?EOSI!.-.I. SOU/UK STATION : &R30587I 144 843 one criteria that I can see that may influence it is that we use a very low subambient temperature before starting our GC run. My understanding from talking to other chemists is that many laboratories do not go as low as we go in sub- ambient and, in fact, some do not use the subambient process at all, they simply use the ambient temperature.

8 Q And your prior testimony was that the sub-

9 ambient temperature gives a lower level of detection limit? A Yes. What it does is it gives us a better

11 separation of the compounds as they come off the column, and

12 we get a cleaner mass spectrum of each individual compound

13 becuase of the reduced coillusion, and as a result, we seem

M to get much better sensitivity.

15 MS. YOUNG: I have no further questions.

16 JUDGE FITZPATRICK*: Mr. Armstrong?

17 MR. ARMSTRONG: Yes, Your Honor.

18 . RECROSS -EXAMINATION

19 BY MR. ARMSTRONG:

20 I Q Mr. Robinson, isn't it correct that 11.1

21 of the Method 624 set forth in the Federal Register previously

22 j referred to speaks specifically of other packed columns? • • \ 2.'3 A Yes. . .

iM ! Q And you do n^roo thnt the vocol capillary column is not a packed column at all? i

W.SKEt'USt;. :• >.. 1/103 TELEPHONE: (71 1') o-'i-ZIIrT 157 856 (Commonwealth Exhibit No. C-127, previously identified, admitted •'* i into evidence.) Group of Special Analyses Reports - produced, marked for identification and admitted into evidence as Commonwealth 6 Exhibit No. C-123.

7 Group of Special Analyses Reports - produced, marked a for identification and admitted .into evidence as Commonwealth 9 Exhibit No. C-125.

10 JUDGE FITZPATRICK: Ms. Young, are you

II prepared to call your next witness?

12 MS. YOUNG: Yes, I am. The Department calls i:i ! John Maljevac. ^J 1* !| JOHN MALJEVAC, having been duly ; jj !~! ; sworn, was called as a witness li : n> ii and testified as follows: ; MR. ARMSTRONG: Your Honor, I should move 18 j now to strike all of the testimony of Mr. Robinson on 19 PI precisely the same grounds as the arguments made to Your P 20 i! Honor in objecting to the admission of the exhibits. i 21 JUDGE FITZPATRICK: I'll overrule your

22 | objection. Proceed, Ms. Young. i

24

2T> lAPSTAL GTY REPORTING SERVICE £OX IIJOC - PED£tJAiU«.P*.:>.. SOlJAKE» STATIO N HR305873 158 1 ! 857

2 I! • DIRECT EXAMINATION ji •> ij BY MS. YOUNG: 4 jj Q By whom are you employed? A I'm employed by the Department of Ij '•• i! Environmental Resources. l Q And what is your position with the Depart- | • ' ' j ment? i " ij A Chemist II. !i 10 i Q How long have you been a Chemist II? 11 A I'm not sure. Six or seven years. Q How long have you been working for the 13 Department total? 14 A Since it became a Department, when it was

1=3 created. Q Back in about 1970? A Something like that. I'm not even sure.

18 !i Q Have you been a chemist during the entire

19 ] time that you have worked for the Department, a chemist i ! 20 | position? i 21 ! A No, only about ten or twelve years. 22 j Q And as a chemist for the Department, do you ij <»4 j! work in the Bureau of Laboratories? !i A The Bureau of Laboratories. , 25 Q What do you do in the Bureau of Laboratories?:

CAi-'l'i'M aTY.'RgJ'C^f/lNG SERVIC& BOX li'JjO • Ft:i:£i!Al ZQUAXE STATION 6R3Q587U 159 858 ; A Right now? Q Do you work in any particular section? A I work in the Organic Section. I am | responsible for the analysis for pesticides PCB's. i (i jj Q Did you at one time -- were you at one time responsible for doing any analyses of volatile organic : compounds? '. i 9 A I was responsible for about six or eight ; 10 years for the TCE series of volatiles. 11 Q Can you describe your educational background, '•. if f please? ; 13 A I have two years of college that include 14 i twenty-seven credits in chemistry, and the normal »l chromatographic seminars and school. Q Now, were you present for Mr. Robinson's

17 description of the laboratory sample handling procedures?

18 A Yes.

19 Q Was that description consistent with your

20 i understanding of those procedures? j . . A Yes. Q Now, are you familiar with the solvent £;.]! extraction technique .used to analyze certain volatile

24 organic compounds?

25 A Yes. CAPITAL C:TY RSPOKYtMG SERVICE iiO!; 51-?C;» - .MOSS;1.! i';*U.A8,• £ i^ATIOr: ftR30D87artOftCOT5C 160 859 Q What is that technique, just generally? A Generally, the selected volatile organics are extracted with an organic solvent, and the organic solvent is analyzed on a gas chromatograph with an electronic capture detector.

7 Q Is that technique used for any particular

8 types of compounds?

9 A It's an approved method for trihalomethanes. 10 It can also be used for ethylene dibromide. I think it's

11 approved for ethylene dibromide. Also, it can be used for

12 1,1,1 trichloroethane, trichloroethylene, and tetrachloro- ethylene. 14 ! Q How is the analysis performed? A The sample is extracted with pentane, an > ij organic solvent. The volatile compounds being relatively 17 immixable in water and relatively mixable in the organic 18 solvent have a tendency to go into the organic solvent out

19 of the water, and the organic solvent is injected into a 20 i gas chromatograph. The compounds are separated on the gas

21 chromatograph , and as they dilute from the column, they are

22 measured by an electronic capture detector. The time of 23 dilution, the retention time on the column, is an indication of the compound's identity. The intensity of the signal given / by 'the detector by the compound coming off the column is an

aYY Rf^C-HTi^G S5t:VIC£ flDoncO"7r »iA.'UTi$;ufi:G. r.-1.. !v;or. H it O U D O / D TC13PKCM2: (711) ISi-Zl'te 161 ' l . 860 , ll . •' j! indication of the compound's concentration. il * 'i Q Is a gas chromatograph used in this method? ;i 4 |i A Yes, it is. "> ji Q And at the time that you were doing solvent |j 6 ;j extraction method, how was the gas chromatograph calibrated? 7 A Calibrated? rt Q Yes. 9 A For TCE's, before running real samples, I Hi would inject solvent to show that there was no contamination in the system or the solvent or the area, and then I would 12 | run a standard curve, shooting known amounts of those three i i'l ; compounds and plotting a curve; again shooting solvent to sh 14 j that the system was uncontaminated, and then begin shooting samples. Q Were you doing this method back in 1983? 17 j| Do you recall the years? i 18 A Yes. I did it forever. 19 Do you know whether the lab was certified 20 |i in the period of 1983 to 1987? 21 A for this method? I don't believe there is

22 a certification for it.

II Q No, just for the lab.

24 A Oh, yes, the lab was certified. Q Is this method — solvent extraction

CAPITAL O7Y RHi>O.*Y?NG SERVICE MOX i i ^ - Mnca,a UG-J;..^ STAYWH 1113005077 HAJiaiwUrtG. :••>.. fnw. WnJUOO / / 162 , 861 an approved method? A The method is an approved method. Q Is it approved by the Environmental Protec- tion Agency? A Yes.

7. Q Is this a method that is generally accepted

8 in the field?

, 9 A To the best of my knowledge, yes. 10 MS. YOUNG: I am going to be asking the

11 witness to testify regarding Exhibits C-l(a), C-l(b),

12 C-l(c), C-13, C-15(a), and C-128.

13 JUDGE FITZPATRICK: What was it after 15(a)?

14 || MS. YOUNG: 128. I 15 j'j 126, also, and 128. Here is another one.

17 Do you have them, Mr. Armstrong? 18 (Discussion off the record.) 19 MR. ARMSTRONG: Yes, I do have ±hem.

20 Thank you.

21 BY MS. YOUNG:

22 Q Now, if you would refer first to Exhibit

23 C-l(a), Kb), and l(c)..

24 Looking at these exhibits, are you able to

25 tell what type of analysis was performed on these samples? CAPITAL CITY R£P«*X:fJWG SERVICE • BOX i\ jj A All three. '• ;• Q And that's your signature on these exhibits ij 7.1; as the analyst? A That's my signature.

9 Q Now, when you were running the solvent 10 extraction procedure, at what point did you fill out these lab reports? Was that done at the same time that you would

12 j get the results back?

13 i A Off the instrument? 11 j Q Off the instrument. i 15 j' A Not usually. I'd generally run for a day Hi !! and get them off at the end of the day or maybe even the next

17 day,

io ;] Q And these are lab reports prepared according

19 to your normal procedure?

20 A Yes, they are.

21 Q Now, if you would take a look at C-13, are

22 the lab reports in Exhibit C-13 reports of -- the results of

2.'! analyses that were run by you?

•-M A Yes, they are. Q And what method did you use? 25 i CAPITAL CITY REl'OKTiNG SERVICE j bO/ li?:.? • FEDERAL SL.-UA3E VTATICK ilAURICaUSG. PA. t7"0.1 TEU-PHOHc: (717) $£3-2!?$