Day 010 - 11 Jul 94 - Page 21

     
     1        course of your evidence you stand by that statement?
              A.  That is correct, I do.
     2
         MR. JUSTICE BELL:  I take that as incorporated into
     3        Mr. Lipsett's evidence.
 
     4   MR. MORRIS:  Can I point out that the bottom three paragraphs
              on the first page, the first page of the material evidence
     5        is -- that EPA report is the one Mr. Lipsett referred us
              to.
     6
         MR. JUSTICE BELL:  Yes, that is why I raised the question. You
     7        were going to ask a further question?
 
     8   MR. MORRIS:  Yes, we are moving on to ---
 
     9   MR. JUSTICE BELL:  You were on blowing agents.
 
    10   MR. MORRIS:  -- blowing agents.  We do not need to go into CFCs
              in depth.  We have an expert witness tomorrow on that.
         But I was going to ask you a couple of questions about
              this.  When was the issue of CFCs in production processes
    12        first raised, as far as you know, in the United States as
              a problem for the ozone layer?
    13        A.  To my knowledge, the use of chloro-fluorocarbons as
              propellants in consumer products in aerosol sprays was
    14        banned, I believe, in 1978.
 
    15   Q.   What did that lead to, as far as you know?  Specifically,
              was there any legislation enacted?
    16        A.  Well, it was a congressional ban enacted by the United
              States Congress, to the best of my knowledge.
    17
         Q.   Is it true that McDonald's phased out CFC use in their
    18        packaging as a blowing agent?
              A.  As I have said, on August 5th 1987 McDonald's
    19        announced, and here I am referring to a quote by a
              McDonald's spokesperson, which was published in the US
    20        media, and the quote is attributed to Terry Capatosto, the
              quote is, it is attributed to her on August 5th 1987, the
         quote says:  "We required our suppliers to switch to a
              non-CFC blowing agent."
    22
         Q.   What was this non-CFC blowing agent they switched to?
    23        A.  Well, at the time -----
 
    24   Q.   In general?
              A.  At the time of this pronouncement, the manufacturers
    25        and McDonald's made reference to the substitution of a
              blowing agent gas, which they referred to as not a CFC. 
    26        The chemical in question is HCFC-22. 
  
    27   Q.   Was the HCFC-22 chemical known as anything else previous
              to that?
    28        A.  Well, prior to that, and from the 1930s forwards,
              CFC-22 was known as -- prior to, I should say, January
    29        27th 1988 the chemical HCFC-22 was officially known as
              CFC-22.  So -----
    30
         Q.   So, in fact, it was part of the CFC family?