Day 007 - 06 Jul 94 - Page 18


     
     1   Q.   Then the document goes on:  "Under this program, United
              States manufacturers who employ fully halogenated
     2        chlorofluorocarbons in the manufacture of disposable foam
              products for foodservice are agreeing to eliminate use of
     3        CFC-11 and CFC-12 in their products by substituting
              non-fully halogenated blends, including HCFC-22, and to
     4        seek and adopt improved blowing agents in the future.
 
     5        The ozone depletion potential of HCFC-22 is far smaller
              than that of CFC-11 and CFC-12".  Mr. Kouchoukos, were you
     6        conscious at that time----
 
     7   MR. JUSTICE BELL:  Can we just pause a moment?
 
     8   MR. MORRIS:  We could not find a particular statement we were
              looking for.
     9
         MR. RAMPTON:  I will read that again:  "The ozone depletion
    10        potential of HCFC-22 is far smaller than that of CFC-11
              and 12".  At that time were you conscious of any
    11        percentage estimate or fraction estimate of how much
              smaller that depletion potential was thought to be?
    12        A.  Correct.  It was supposedly 95 per cent less ozone
              depletion potential stated by the scientists at the time.
    13        The scientists were from the United Nations Environmental
              Program, not from any of our industry people.  We took
    14        those as the most creditable source we could.  We do not
              have any scientists on staff at Perseco, so we rely upon
    15        outside organisations.
 
    16   Q.   These environmental protection or defence bodies go on:
              "In view of the urgent need to achieve drastic reductions
    17        in ozone depleting chemicals as soon as possible, the
              near-term complete replacement on an accelerated timetable
    18        of CFC-11 and CFC-12 with HCFC-22 in the manufacture of
              disposable foodservice, packaging represents significant
    19        progress."  You were around at that time, you saw this
              document.  Did that accord with your own view or not?
    20        A.  Yes.
 
    21   Q.   Can we just turn over the page, top paragraph:  "FOE, EDF
              and NRDC recognize the environmental benefits of
    22        implementing the FPI program in the effort to protect the
              stratospheric ozone layer. We support the actions to be
    23        taken by the individual companies and their customers to
              eliminate use of CFC-11 and CFC-12 in their products by
    24        substituting non-fully halogenated blends, including
              HCFC-22, and to seek and adopt improved blowing agents
    25        under this program".
  
    26        So far as McDonald's were you using CFCs, is that what 
              happened in your experience? 
    27        A.  Yes, there was a phase out of CFCs into HCFCs where
              CFCs had been used.
    28
         Q.   I am going to take you in a moment, so we can have a
    29        worldwide review of the speed at which these substances
              were eventually phased out; when, to your recollection,
    30        did it first become apparent that even HCFCs might be
              damaging to the ozone layer?

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