IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
`
`JAMES JOSEPH MARTIS and
`CHERYL ANNE MARTIS, his wife,
`
`Plaintiff,
`
`vs.
`
`
`
`
`DeZURIK, et al.,
`
`
` Defendants.
`
`
`
`
`
` CIVIL DIVISION – ASBESTOS
`
`G.D. 23-13628
`
`
`Code 12 - Asbestos
`
`DEFENDANT’S WITNESS AND
`EXHIBIT LIST
`
`Filed On Behalf Of Defendant:
`DeZURIK
`
`Counsel of Record for this party:
`
`Joseph R. Schaper, Esquire
`PA I.D. No. 52767
`
`MARON MARVEL BRADLEY
`ANDERSON & TARDY LLC
`The Landmarks Building
`Suite 250
`100 West Station Square Drive
`Pittsburgh, PA 15219
`(412) 281-5560
`
`James P. Hadden, Esquire
`Pa. I.D. No. 37369
`
`MARON MARVEL BRADLEY
`ANDERSON & TARDY LLC
`Three Logan Square
`1717 Arch Street, Suite 3710
`Philadelphia, PA 19103
`215-231-7100
`
`
`
`
`
`
`
`

`

`IN THE COURT OF COMMON PLEAS OF ALLEGHENY COUNTY, PENNSYLVANIA
`
` CIVIL DIVISION – ASBESTOS
`
`G.D. 23-13628
`
`
`
`JAMES JOSEPH MARTIS and
`CHERYL ANNE MARTIS, his wife,
`
`
`Plaintiff,
`
`vs.
`
`
`
`
`DeZURIK, et al.,
`
`
`
`
`
`
` Defendants.
`
`
`DEFENDANT’S WITNESS AND EXHIBIT LIST
`
`AND NOW, comes Defendant DeZURIK, Inc., by and through its attorneys, Joseph R.
`
`Schaper, Esquire and Maron Marvel Bradley Anderson & Tardy LLC, and files the within
`
`Witness and Exhibit List:
`
`
`I.
`
`FACT WITNESSES
`
`1.
`
`Al Libke, c/o DeZURIK, Inc., 250 Riverside Ave. N., Sartell, MN 56377-1743
`
`Albert W. Libke was employed by DeZURIK from 1977 to 2015. Mr. Libke held various
`engineering positions with DeZURIK, including Director of Engineering.
`
`Mr. Libke is expected to testify regarding the corporate history of DeZURIK. He is also
`expected to testify about the nature, purpose and design of DeZURIK valves and valve related
`equipment, including the component parts used in the assembly. Mr. Libke is expected to testify
`with regard to the intended use, operation, markets and application of DeZURIK valves and
`valve related equipment. He is also expected to testify with regard to maintenance on DeZURIK
`valves and valve related equipment, to the extent that maintenance is required.
`
`DeZURIK designs and manufactures valves and valve related equipment. Asbestos-containing
`components, purchased from suppliers, were utilized in the assembly of some equipment. Mr.
`Libke is expected to testify regarding the use of asbestos-containing gaskets and/or packing in
`DeZURIK equipment, including the type of equipment which incorporated the asbestos-
`containing components, the applicable years and the nature of use. Mr. Libke is also expected to
`testify regarding the suppliers of the asbestos-containing gaskets and packing.
`
`
`
`
`
`
`

`

`Mr. Libke is expected to testify with regard to any documents produced by DeZURIK, to the
`extent he has knowledge regarding said documents. In addition, Mr. Libke is expected to testify
`regarding DeZURIK sales records, including the organization of the records.
`
`Mr. Libke is expected to testify that DeZURIK did not provide flange gaskets with its valves.
`
`
`Richard Ruegemer, c/o DeZURIK, Inc., 250 Riverside Ave. N., Sartell MN
`56377-1743
`Webb Umberger, Smithdale, Mississippi
`Elmer J. Sigety (c/o M.S. Jacobs & Associates)
`Robert Vietmeier (c/o M.S. Jacobs & Associates)
`Designated representative of any and all other defendants
`Robert Patt (by 12/10/2002 deposition)
`
`Note: the testimony of the above-listed fact witnesses may be presented via testimony at
`trial, via deposition testimony, or via introduction into evidence of affidavits or other sworn
`documents.
`
`2.
`This defendant incorporates by reference all Witness Lists, Exhibit Lists, and
`Pretrial Statements filed by Plaintiff’s counsel, and by counsel for other defendants in these
`cases, and may call as lay or fact witnesses any individuals who have been named or identified in
`those Pretrial Statements, in Answers to Interrogatories or depositions taken in these cases and/or
`in Plaintiff’s responses to summary judgment motions.
`
`3.
`DeZURIK may call any of the Plaintiff’s/Decedent’s co-workers, either in person
`or by admission of previous trial or deposition testimony.
`
`4.
`
`DeZURIK may call a designated representative of Kapusta, Deihl & Schweers,
`
`LLC.
`
`
`
`II. MEDICAL, EXPERT AND DAMAGE WITNESSES
`
`DeZURIK may call as medical expert witnesses any individual who has been identified
`
`in expert reports submitted or served upon Plaintiff’s counsel by counsel for any of the
`
`defendants in these actions.
`
`In addition, DeZURIK may call as medical and damage witnesses any of the following:
`
`Medical Records Custodian for each doctor, hospital and medical
`provider who provided health care services to the Plaintiff/Decedent;
`
`
`
`
`
`Records Custodian of the Internal Revenue Service;
`
`
`
`

`

`
`
`
`
`Records Custodian of Bureau of Workers’ Compensation of the
`Commonwealth of Pennsylvania;
`
`to
`in Answers
`identified
`listed or
`is
`individual who
`Any
`Interrogatories, depositions and/or pretrial statements of all parties to
`this action.
`
`
`DeZURIK may also call the following expert witnesses:
`
`
`
`
`
`Peter J. Barrett, MD FACR
`300 Boylston Street
`Suite 714
`Boston, MA 02116-3923
`
`Gregory J. Fino, M.D., F.C.C.P
`CLINICAL & OCCUPATIONAL PULMONARY ASSOCIATES, LLC
`211 St. Clair Hospital
`1000 Bower Hill Road
`Pittsburgh, PA 15243-1899
`
`Michael Graham, M.D.
`Professor of Pathology
`SAINT LOUIS UNIVERSITY
`Medical Center
`1402 South Grant Boulevard, C305
`St. Louis, MO 63104-1028
`
`Peter D. Kaplan, M.D.
`INTEGRATED PULMONARY PHYSICIANS, LTD
`490 East North Avenue, Suite 300
`Pittsburgh, PA 15212
` (Report to be forwarded upon receipt)
`
`John W. Spencer, CIF, CSP and/or Marc Plisko, CIH
`Environmental Profiles, Inc.
`8805 Columbia 100 Parkway
`Suite 100
`Columbia, MD 21045
`(Report to be forwarded upon receipt)
`
`
`
`
`
`
`
`
`John Spencer is a certified industrial hygienist and certified safety professional. He will
`provide testimony regarding his experience and his testing of this defendant’s products or type of
`products and will provide opinions that these products have been, and still are, used safely in a
`workplace environment, that they are not unreasonably dangerous, that they do not pose a
`workplace hazard and that no warning label is required to be placed on them.
`
`
`
`
`
`

`

`He will testify regarding exposure assessments performed on this defendant’s products or
`similar products, including assessments and testing he has performed on asbestos-containing
`gasket and packing materials. He may also provide testimony regarding his July 23, 2004 report,
`“Exposure Assessment: An Evaluation of the Actual Contribution of Airborne Asbestos Fibers
`from the Removal, Fabrication and Installation of Gasket and Packing Materials from DeZurik
`Valves.”
`
`He has been or will be provided with product exposure information and other case
`specific data in this case to review Plaintiff’s/Decedent’s exposures, if any, to this defendant’s
`asbestos-containing and other products. He will quantify Plaintiff’s/Decedent’s exposure to the
`asbestos-containing products of this defendant, as well as other exposures, and provide opinions
`regarding the significance of and significant risks of said exposure. He has also reviewed and
`will rely upon air sampling data and other literature regarding asbestos-containing products. He
`will discuss historical uses of asbestos products and how they are manufactured. He will
`quantify exposures to all asbestos-containing products to which Plaintiff/Decedent may have
`been exposed and discuss the distinction between friable and non-friable products. He will
`further provide expert testimony about the manner in which this defendant’s asbestos products
`are manufactured and discuss the make-up and significance of their encapsulation.
`
`He will discuss ambient air exposure to asbestos and also discuss the sources of ambient
`air asbestos exposure quantification studies and the presence of asbestos in drinking water and
`provide his opinion that these exposures, if any, are not harmful or hazardous and compare the
`exposure of this defendant’s products to these exposures.
`
`He will further provide testimony about the role of the industrial hygienist in assessing
`risk, generally, and with respect to asbestos-containing products. He will provide current and
`historical information regarding air and dust sampling methods for asbestos in occupational
`settings, including, but not limited to, the NIOSH 7400 and 7402 methods, the OSHA reference
`method, as well as EPA, AHERA and ASTM methods. He will provide expert testimony on the
`proper use and application of all such methodology. He will also provide testimony regarding
`the proper and improper methods for occupational sampling of asbestos. He may also provide
`testimony that use of settled dust methods or Tyndall or refractive light methods do not provide a
`proper scientific basis for sampling and have no value in assessing occupational risk to exposure
`to asbestos.
`
`He will further provide testimony regarding governmental regulations affecting asbestos
`exposures in an occupational setting. He will also provide testimony regarding the ACGIH
`threshold limit values. He will provide opinions that any exposure to the asbestos-containing
`products of this defendant are below the current, and all historical, permissible exposure limits,
`excursion and short-term limits and are subject to the warning label exemption of OSHA.
`
`He will also provide testimony regarding historical literature and other applicable
`government regulations of asbestos and their importance to this defendant’s products, including,
`but not limited to the EPA and NESHAPS.
`
`Mr. Spencer and/or Mr. Plisko will testify consistently with any report being produced.
`
`
`
`
`
`

`

`
`
`Stanley B. Fiel, M.D.
`Atlantic Health
`Morristown Medical Center
`100 Madison Avenue
`Morristown, NJ 07962-1956
`
`
`Dr. Stanley B. Fiel is a pulmonary specialist who may testify regarding asbestos-related
`diseases and the effects of asbestos exposure in industrial settings. He is currently affiliated with
`the Atlantic Health, Morristown Medical Center as Regional Chairman and de Neufville
`Professor as well as Chair with the Department of Medicine. He received his B.S. from the
`University of Connecticut and M.D. from the Medical College of Pennsylvania. He is certified
`by the American Board of Internal Medicine, Pulmonary Board of Internal Medicine and is a
`NIOSH A Reader and NIOSH B Reader. He is licensed to practice medicine in the State of New
`Jersey.
`
`Dr. Fiel may testify regarding the characteristics, symptoms and means of diagnosis of
`various asbestos-related diseases. Dr. Fiel may offer testimony regarding the existence or non-
`existence of the various asbestos diseases alleged by plaintiffs, including, but not limited to:
`pleural changes, colon cancer, mesothelioma, lung cancer, cancers of the digestive system, and
`other respiratory diseases. Dr. Fiel may further testify regarding the relationship between the
`level of asbestos exposure and asbestos-related disease.
`
`Dr. Fiel may offer the opinion that plaintiffs' use, installation, removal or contact, if any,
`with asbestos-containing products allegedly manufactured or supplied by this defendant did not
`cause or contribute to plaintiffs' disease. He may further testify that plaintiffs' disease was
`caused by asbestos products manufactured or supplied by entities other than this defendant.
`Additionally, Dr. Fiel may testify regarding the effect and consequences of smoking with respect
`to individual plaintiffs and the cancer risks associated with smoking.
`
`Dr. Fiel’s testimony will be based on his training, professional experience, education,
`publications and review of the medical, governmental and scientific literature and various air
`sampling studies, work facility inspections and documents, where applicable, as well as review
`of medical records, doctor’s reports, fiber burden or digestion studies performed by him or others
`and doctor’s reports including analysis of chest films, and pathology materials.
`
`With regard to specific plaintiffs, Dr. Fiel’s testimony will be based on his interpretation
`of records relating to the plaintiffs’ alleged occupational asbestos exposure including, but not
`limited to, plaintiffs’ interrogatory responses and the deposition testimony offered by plaintiffs,
`plaintiffs’ family members and/or plaintiffs' co-workers. Further, he may respond to opinions
`offered by any other experts and/or fact witnesses relating to the plaintiff that pertain to his
`specialty or any other additional materials provided. He may also provide testimony regarding
`Environmental Profiles, Inc.’s July 23, 2004 report, “Exposure Assessment: An Evaluation of the
`Actual Contribution of Airborne Asbestos Fibers from the Removal, Fabrication and Installation
`of Gasket and Packing Materials from DeZurik Valves.” Dr. Fiel may also provide testimony
`consistent with the disclosure of any other expert disclosed by this defendant or any other party
`to this case.
`
`
`
`
`
`

`

`
`II.
`
`EXHIBITS
`
`Defendant, DeZURIK submits the following list of exhibits it may use at trial in
`supplementation of all interrogatory or document requests, or disclosure responses and in
`compliance with any applicable scheduling order:
`
`DeZURIK reserves the right to reply on any other parties’ exhibits and incorporates by
`reference the exhibit lists of all defendants. DeZURIK further reserves the right to amend or
`supplement this list at any time,
`
`DeZURIK reserves the right to introduce exhibits not designated herein for the purpose
`of impeachment or rebuttal.
`
`II
`
`III
`
`Subject to the foregoing, DeZURIK identifies the following exhibits which are available
`
`for inspection and copying at a mutually agreeable date and time in its counsel’s offices:
`
`1.
`
`2.
`
`3.
`
`4.
`
`5.
`
`6.
`
`
`
`OSHA -29 CFR Part 1910, Federal Register, Vol. 36, No. 234, December 7, 1971.
`Emergency Standard for Exposure to Asbestos Dust.
`
`OSHA -29 CFR Part 1910, Federal Register, Vol. 37, No. 110, June 7, 1972. Standard for
`Exposure to Asbestos Dust.
`
`OSHA -29 CFR Parts 1910 and 1926, Federal Register, Vol. 51, No. 119, June 20, 1986.
`Occupational Exposure to Asbestos, Tremolite, Anthophyllite and Actinolite; Final
`Rules.
`
`OSHA -29 CFR Parts 1910, 1915, and 1926, Federal Register, Vol. 59, No. 153, August
`10, 1994. Occupational Exposure to Asbestos; Final Rule.
`
`OSHA -29 CFR Part 1910, 1919, and 1926, Federal Register, Vol. 60, No. 125, June 29,
`1995. Occupational Exposure to Asbestos; Corrections; Final Rule.
`
`EPA -40 CFR Parts 61 & 763, Federal Register, Vol. 54, No. 6, January 10, 1989.
`Asbestos NESHAP Revision, Including Disposal of Asbestos Containing Materials
`Removed from Schools.
`
`
`
`

`

`7.
`
`8.
`
`9.
`
`10.
`
`11.
`
`12.
`
`13.
`
`14.
`
`15.
`
`16.
`
`17.
`
`
`
`EPA - 40 CFR Part 763. Federal Register, Vol. 54, No. 132, July 12, 1989. Asbestos:
`Manufacture, Importation, Processing, and Distribution in Commerce Prohibitions; Final
`Rule.
`
`EPA - 40 CFR Part 61, Federal Register, Vol. 55, No. 224, November 20, 1990. National
`Emission Standards for Hazardous Air Pollutants; Asbestos NESHAP Revision; Final
`Rule.
`
`EPA -40 CFR Part 763, Federal Register, Vol. 58, No. 213, November 5, 1993. Asbestos,
`Manufacture, Importation, Processing and Distribution Prohibitions.
`
`Nonmetallic Gaskets for Pipe Flanges - American Standard - ASA B16.2l-1951 - The
`American Society of Mechanical Engineers.
`
`Nonmetallic Gaskets for Pipe Flanges - American Standard - ASA B16.21-1962 - The
`American Society of Mechanical Engineers.
`
`Nonmetallic Flat Gaskets for Pipe Flanges - American National Standard - ANSI B16.21-
`1978 - The American Society of Mechanical Engineers.
`
`Final Report: Economic Analysis of the Proposed Revisions to the OSHA Asbestos
`Standards for Construction and General Industry, Contract Number J-9-F-8-0033, Task
`Order 4, Option Year 1. Prepared for: U.S. Department of Labor, Occupational Safety
`and Health Administration Office of Regulatory Analysis; Prepared by: CONSAD
`Research Corporation July 27, 1990.
`
`Ambient Water Quality Criteria For Asbestos. Prepared by U.S. EPA, Office of Water
`Regulations and Standards, Criteria and Standards Division, Washington D.C.,
`EPA44O/5-80-022, October, 1980.
`
`Department of Health of Sacramento, CA. Letter to California Employers Who Use
`Asbestos. Subject: Reporting Asbestos Use to Cal/OSHA. August 1977.
`
`Asbestos Exposure from Gasket Operations. Naval Regional Medical Center, Bremerton,
`WA. L.R. Liukonen, K.R. Still, R.R. Beckett. May 1978
`
`Industrial Hygiene Investigation During Gasket Removal Operations at Various
`Industrial Facilities- - February 1990- June 1991. Larry Liukonen, CIH, CSP
`
`
`
`

`

`18.
`
`19.
`
`20.
`
`21.
`
`22.
`
`23.
`
`24.
`
`25.
`
`26.
`
`27.
`
`28.
`
`
`
`Analysis of Fiber Release from Certain Asbestos Products. GCA Corporation -
`Technology Division - December 1982; Prepared for U.S. Environmental Protection
`Agency.
`
`The Actual Contribution of Garlock Asbestos Gasket Materials to the Occupational
`Exposure of Asbestos Workers. Carl A. Mangold, CIH - October 1982.
`
`The Actual Occupational Exposure to Airborne Asbestos Released by Garlock Spiral
`Wound, Braided and Encapsulated Gaskets. Carl A. Mangold, CIH - December 1982.
`
`The Actual Contribution of Asbestos Fiber Exposure During Gasket Removal from Pipe
`Flanges Aboard Ship. Carl A. Mangold, CIH- November 1983.
`
`The Actual Release of Asbestos Fibers from New, Used and Flanged Garlock Inc
`Asbestos Gasket Materials. Carl A. Mangold, CIH - September 1985.
`
`Garlock Inc Gasket Materials - A Comparison of Tyndall Phenomena to the Actual
`Concentration of Asbestos Fibers in the Breathing Zone of Workers. Carl A. Mangold,
`CIH July 1986 (Rev.).
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Opening of
`Old Flanges and Removal of Asbestos Gaskets. Carl A. Mangold, CIH - January 1989.
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Cutting
`Gaskets With a Circular Cutter. Carl A. Mangold, CIH - January 1989.
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Gasket
`Cutting With Hand Shears. Carl A. Mangold, CIH - January 1989.
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of By
`During Selected Processing of Encapsulated Asbestos Gaskets - Gasket Cutting With
`Ball Pein Hammer. Carl A. Mangold, CIH - January 1989.
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Scribing of
`Gasket Materials, Carl A. Mangold, CIH - January 1989.
`
`
`
`

`

`29.
`
`30.
`
`31.
`
`32.
`
`33.
`
`34.
`
`35.
`
`36.
`
`37.
`
`38.
`
`
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Flange Face
`Scraping With Putty Knife. Carl A. Mangold, CIH January 1989.
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Hand Wire
`Brushing of Asbestos Gasket Residual from Flanges. Carl A. Mangold, CIH - January
`1989.
`
`The Actual Contribution of Airborne Asbestos Fibers to the Occupational Exposure of
`By-Standers During Selected Processing of Encapsulated Asbestos Gaskets - Power Wire
`Brushing of Flange Faces. Carl A. Mangold, CIH - January 1989.
`
`The Actual Contribution of Airborne Asbestos Fibers from Removal and Installation of
`Asbestos Packing from Valves. Carl A. Mangold, CIH, and Robert L. Gay, Ph.D., May
`1991.
`
`Final Report - Actual Asbestos Fiber Release During Gasket Removal Work Practices.
`Robert L. Gay, Ph.D., August 23, 1991.
`
`An Industrial Hygiene Survey to Determine Airborne Asbestos Fiber Concentrations
`During the Utilization of Braided Asbestos Packing Material (Garlock Inc - Style 5880).
`Neilson Associates - June 6, 1980.
`
`An Industrial Hygiene Survey to Determine Airborne Asbestos Fiber Concentrations
`During the Cutting of Garlock Gasket Material Types 900 and 7021. Neilson Associates
`June6, 1980.
`
`An Industrial Hygiene Survey to Determine Airborne Asbestos Fiber Concentrations
`During the Utilization of Garlock Gasket Material (Style No, 7021). Neilson Associates -
`October 22, 1980.
`
`Asbestos- Fiber Exposures Related to the Replacement of Garlock Style 7021 Gaskets,
`Neilson Associates - May 19, 1981.
`
`An Evaluation of Potential Occupational Exposure to Airborne Asbestos During the
`Installation and Removal of Braided Asbestos Gasketing Material (Braided Asbestos
`Type 150, 234, 644, 733, 5861 and 5876). Neilson Associates - April 1, 1982.
`
`
`
`

`

`39.
`
`40.
`
`41.
`
`42.
`
`43.
`
`44.
`
`45.
`
`46.
`
`47.
`
`48.
`
`49.
`
`50.
`
`
`
`An Evaluation of Potential Occupational Exposure to Airborne Asbestos Fibers
`Encountered During Installation and Removal of Asbestos-Containing Gaskets -. Gasket
`Type 604. Neilson Associates - April 1, 1982.
`
`Technical Report for Garlock Inc Occupational Exposures During Processing, Handling,
`Installation and Removal of Garlock Asbestos-Containing Gaskets. McCrone
`Environmental Services, Inc. - June 3, 1985.
`
`Technical Report. Occupational Exposures During Processing and Handling of Asbestos-
`Containing Gaskets at Anchor Packing Company. McCrone Project No. ME-5396 -
`October 12, 1988.
`
`DMR & Associates, Donna M. Ringo gasket testing 5/23/91, 9l-LGE-08, Magnolia
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 9/8/91, 91-LGE-24, Mill Creek
`Power Plant, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 9/20, 23, 24/91, 91-LGE-25, Mill
`Creek Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 10/1, 2, 8/91, 91 -LGE-28, Cane
`Run, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 9/30/91 to 10/24/91, 91-LGE-26,
`Mill Creek Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 11/4/91, 91-LGE-38, Mill Creek
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 12/28, 29/91, 91-LGE-43, Mill
`Creek Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 1/10/92, 92-LGE-02, Mill Creek
`Station, Louisville, KY.
`
`DI & Associates, Donna M. Ringo gasket testing 1/17/92, 92-LGE-05, Can Run Power
`Plant, Louisville, KY.
`
`
`
`

`

`51.
`
`52.
`
`53.
`
`54.
`
`55.
`
`56.
`
`57.
`
`58.
`
`59.
`
`60.
`
`61.
`
`62.
`
`
`
`DMR & Associates, Donna M. Ringo gasket testing 1/16/92, 92-LGE-04, Trimble
`County, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 1/31/92, 92-LGE-08, Trimble
`County, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 2/13/92, 92-LGE-14, Can Run
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/17, 18/92, Trimble County,
`Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/3/92, 92-LGE-21, AC&S Shop,
`Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/25/92, 92-LGE-37, The King’s
`Daughter & Son Nursing Home, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 413/92, 92-LGE-40, Trimble
`County, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/27/92, 92-LGE-38, Taylor
`Boulevard, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/27/92, 92-LGE-38, Custom
`Chrome, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/27/92, 92-LGE-38, Portland
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/22/92, 92-LGE-50, 92 Mill Creek
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/29/92, 92 Ford Truck Plant,
`Louisville, KY.
`
`
`
`

`

`63.
`
`64.
`
`65.
`
`66.
`
`67.
`
`68.
`
`69.
`
`70.
`
`71.
`
`72.
`
`73.
`
`74.
`
`
`
`DMR & Associates, Donna M. Ringo gasket testing 5/12/92, 92-LGE-61, 11th & Main
`Streets, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 5/15/92, 92-LGE-63, Doe Run
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/24-29/92, 92-LGE-55, Gas
`Department, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/11/92, 92-LGE-29, Magnolia
`Compressor Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/6/92, 92-LGE-041, Penille Road
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/21/92, 92-LGE-48-1, Muldraugh
`Compressor Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/22/92, 92-LGE-48-3, Muldraugh
`Emergency Shutdown System, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 5/26/92, 92-LGE-66, Muldraugh,
`Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/24-29/92, 92-LGE-55, Various
`Regulator and Relief Pits, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 6/15/92, 92-LGE-71, Magnolia
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/16/92, 92-LGE-45, Crestwood
`Area, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 4/20/92, 92-LGE-47, Muldraugh,
`Louisville, KY.
`
`
`
`

`

`75.
`
`76.
`
`77.
`
`78.
`
`79.
`
`80.
`
`81.
`
`82.
`
`83.
`
`84.
`
`85.
`
`86.
`
`
`
`DMR & Associates, Donna M. Ringo gasket testing 7/10/92, 92-LGE-73, Magnolia
`Facility, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/6 92-LGE-72, Muldraugh
`Compressor Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/21-22/92, 92-LGE-75, Muldraugh
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/27/92, 92-LGE-76, Magnolia
`Station, Louisville, KY.
`
`DMR & Associates, Donna M Ringo gasket testing 7/28/92, 92-LGE-79-1, 4th and
`Brandies, Frankfort and Stiltz Regulators, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/29/92, 92-LGE-79-2, Lexington &
`Braeview, Wallace and Willmington Regulator Stations, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/30/92, 92-LGE-79-3, Belmont &
`Bardstown, Taylorsville Road and Bon Air Regulator Stations, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/30/92, 92-LGE-81, St. Helen’s
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/31/92, 92-LGE-82, Muldraugh
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 8/3/92, 92-LGE-79-5, 3rd & Collins
`Court, Eastern Parkway and Burnette, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 8/5/92, 92-LGE-83, Trimble County
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 8/6/92, 92-LGE-84, Magnolia
`Compressor Station, Louisville, KY.
`
`
`
`

`

`87.
`
`88.
`
`89.
`
`90.
`
`91.
`
`92.
`
`93.
`
`94.
`
`95.
`
`96.
`
`97.
`
`98.
`
`
`
`DMR & Associates, Donna M. Ringo gasket testing 8/26/92, 92-LGE-86, Muldraugh
`Compressor Station, Louisville, KY.
`
`DMIR & Associates, Donna M. Ringo gasket testing 10/5/92, 92-LGE-92, Muldraugh
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 10/29-30/92, 97, Mill Creek Station,
`Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 3/22, 29/93, 93-LGE-16, Palmer
`Ball, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 5/12/93, 93-LGE-23, 834 E.
`Broadway, 1400 W. Broadway, 1024 E. Jefferson, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 11/3/93, 93-LGE-43, Muldraugh Gas
`Compressor Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 6/7/94, 94-LGE-37, Muldraugh
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 8/9/94, 94-LGE-42, Muldraugh
`Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 6/2-3/92, 92-LGE-66, Muldraugh
`Compressor Station, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 7/31/92, 92-LGE-79-4, Bardstown &
`Douglas Blvd., Browns Lane and Taylorsville Road, Louisville, KY.
`
`DMR & Associates, Donna M. Ringo gasket testing 10/5-8/93, Major Locomotive Repair
`Facility During Gasket Removal.
`
`DMR & Associates, Donna M. Ringo gasket testing 5/12/94, 94-LGE-28, Muldraugh
`Station, Louisville, KY.
`
`
`
`

`

`99.
`
`DMR & Associates, Air Monitoring Report 4/22/99, 99-LGE-21, Cane Run Station,
`Louisville, KY.
`
`100. DMR & Associates, Air Monitoring Report 6/4/99, 99-LGE-27, Cane Run Station,
`Louisville, KY.
`
`101. DMR & Associates, Air Monitoring Report 6/15/99, 99-LGE-28, Muldraugh Station,
`Louisville, KY.
`
`102. Air Sampling for Asbestos During Maintenance Activities at Trinity River Authority of
`Texas, Central Regional Wastewater System, Grand Prairie, TX. Technical Safety &
`Health Consulting, Inc. - May 31, 1991.
`
`103. Boelter & Yates, Fiber Release Study Test Report, Industrial Fittings, Flat Blade Scraper,
`10/9/96; including photographs, videotape (10/2/96) and underlying field data.
`
`104. Boelter & Yates, Fiber Release Study Test Report, Industrial Fittings, Wire Brush,
`10/28/96; including photographs, videotape (10/23/96) and underlying field data,
`
`105. Boelter & Yates, Fiber Release Study Test Report, Industrial Fittings, Making Gaskets
`with a Ball Peen Hammer, 11/5/96; including photographs, videotape (11/1/96) and
`underlying field data,
`
`106. Boelter & Yates, Fiber Release Study Test Report, Industrial Fittings, Power Wire Brush,
`11/11/96; including photographs, videotape (11/7/96) and underlying field data,
`
`107. Boelter & Yates, Fiber Release Study Test Report, Industrial Fittings, Valve Packing
`Removal, 11/19/96; including photographs, videotape (11/15/96) and underlying field
`data,
`
`108. Boelter & Yates, Fiber Release Study Test Report, Maritime Fittings, Flat Blade Scraper,
`11/22/96; including photographs, videotape (11/20/96) and underlying field data,
`
`109. Boelter & Yates, Fiber Release Study Test Report, Maritime Fittings, Wire Brush,
`
`110. 12/1/96; including photographs, videotape (11/26/96) and underlying field data.
`
`
`
`
`
`

`

`111. Boelter & Yates, Fiber Release Study Test Report, Maritime Fittings, Power Wire Brush,
`12/12/96; including photographs, videotape (12/10/96) and underlying field data.
`
`112. Boelter & Yates, Fiber Release Study Test Report, Maritime Fittings, Making Gaskets
`with a Ball Peen Hammer; 12/18/96; including photographs, videotape (12/16/96) and
`underlying field data.
`
`113. Boelter & Yates, Fiber Release Study Test Report, Maritime Fittings, Valve Packing
`Removal and Replacement, 12/24/96; including photographs, videotape (12/20/96) and
`underlying field data.
`
`114. Tyndall Effect Lighting Report, dated November 21, 2000 by Frederick Boelter
`
`115. VHS Tape and Timetable Description of Tape of Frederick Boelter’s Tyndall Effect
`Lighting test conducted November 13, 2000.
`
`116. Affidavit of Frederick Boelter regarding Tyndall Effect Lighting.
`
`117. Affidavit of Frederick Boelter regarding Transmission Electron Microscopy.
`
`116a. Boelter & Chatfield, Ultrasonication of 7M Chrysotile, 12/03/01; including videotape
`dated 10/19/01.
`
`116b. Boelter, Fred; Airborne Fiber Exposure Assessment of Dry Asbestos-Containing Gaskets
`and Packings Found in Intact Industrial and Maritime Fittings. AIHA Journal, Vol.63,
`No.6, pp. 732-740, 2002.
`
`116c Boelter & Yates, Bulk Sampling and Asbestos Analysis Exemplar Materials Retained by
`Mr. Carl Mangold - May 21, 2003.
`
`116d. Boelter & Yates, Bulk Sampling and Asbestos Analysis of Insulation Materials from USS
`Laffey, Boelter & Yates Project # 1418A-4943 completed by Fred Boelter and Catherine
`Simmons-October 23, 2003.
`
`1l6e. Boelter & Yates, Removal and Replacement of Packing and Gaskets Field Maintenance
`Simulation Pumps Manufactured by Viking Pump, Inc BYI Project #2423A-7906. July
`25, 2003.
`
`116e Boelter & Yates, Removal and Replacement of Packing Field and Gaskets Maintenance
`Simulation Pumps Manufactured by Viking Pump, Inc BYI Project #2423A-7906. July
`25, 2003.
`
`116f. Boelter & Yates, Removal and Replacement of Packing Field Maintenance Simulation
`Pumps Manufactured by Viking Pump, Inc BYI Project #2423A-7906. July 25, 2003.
`
`
`
`
`
`

`

`116g. Boelter & Yates, Removal of Packing and Gaskets Service Shop Simulation Pumps
`Manufactured by Viking Pump, Inc BYI Project #2423A-7906. July 25, 2003.
`
`116h. Boelter & Yates, Exposure Assessment Engine Gaskets Removal and Replacement 1966
`Mustang, BYI Project #2562A-8094. October 30, 20