DIVISION OF ADMINISTRATIVE HEARINGS
DEPARTMENT OF ADMINISTRATION, STATE OF FLORIDA
SUGAR CANE GROWERS COOPERATIVE OF )
FLORIDA, a Florida Agricultural )
Cooperative Marketing Association, ) CASE NOS. 92-3038
ROTH FARMS, INC., and ) 92-3039
WEDGWORTH FARMS, INC., ) 92-3040
)
and )
)
FLORIDA SUGAR CANE LEAGUE, INC.; )
UNITED STATES SUGAR CORPORATION; )
)
and )______________________
)
FLORIDA FRUIT AND VEGETABLE ) DEPOSITION
ASSOCIATION, LEWIS POPE FARMS, )
W.E. SCHLECHTER & SONS, INC., ) OF
and HUNDLEY FARMS, INC., )
)DR. ELIZABETH A. HENRY
Petitioners, )______________________
)
vs. )
)
SOUTH FLORIDA WATER MANAGEMENT )
DISTRICT, an Agency of the State )
of Florida, )
)
Respondent, )
)
and )
)
MICCOSUKEE TRIBE OF INDIANS OF )
FLORIDA, the UNITED STATES OF )
AMERICA, and FLORIDA DEPARTMENT OF )
ENVIRONMENTAL PROTECTION, The )
FLORIDA WILDLIFE FEDERATION, The )
FLORIDA AUDUBON SOCIETY, and The )
SIERRA CLUB, )
Intervenors. )
___________________________________)
AT DURHAM, NORTH CAROLINA
MARCH 29, 1994
REPORTED BY:
CAROLYN Y. HALL & ASSOCIATES
DR. HENRY VOLUME I PAGE 2
APPEARANCES:
SUGARCANE GROWERS COOPERATIVE
OF FLORIDA, ROTH FARMS, INC.
AND WEDGWORTH FARMS, INC.
MR. GARY P. SAMS
HOPPING, BOYD, GREEN & SAMS
123 SOUTH CALHOUN STREET
TALLAHASSEE, FLORIDA 32314
TELEPHONE: (904) 222-7500
FOR RESPONDENT-INTERVENOR:
MS. LISA B. HOGAN
ASSISTANT U.S. ATTORNEY
SOUTHERN DISTRICT OF FLORIDA
99 NORTHEAST 4TH STREET
THIRD FLOOR
MIAMI, FLORIDA 33132
TELEPHONE: (305) 536-5266
ALSO PRESENT:
DR. RONALD JONES
DR. HENRY VOLUME I PAGE 3
T A B L E O F C O N T E N T S
E X A M I N A T I O N I N D E X
DEPONENT - DR. ELIZABETH A. HENRY - 3/29/94
EXAMINATION: PAGES
EXAMINATION BY MS. HOGAN 4-225
-------------------------------------------------------
E X H I B I T S I N D E X
NUMBER DESCRIPTION MARKED
(EXHIBITS NUMBER 1 - 20 WERE MARKED
DURING THE TAKING OF THE DEPOSITION OF
DR. ELIZABETH A. HENRY, MARCH 29, 1994.)
-------------------------------------------------------
SIGNATURE PAGE FOR DEPONENT 226
CERTIFICATION OF COURT REPORTER 227
DR. HENRY VOLUME I PAGE 4
STIPULATIONS
ON MOTION OF COUNSEL FOR THE SOUTH FLORIDA
MANAGEMENT DISTRICT, THE DEPOSITION OF DR. ELIZABETH A.
HENRY MAY BE TAKEN BEGINNING AT OR AROUND 9:00 A.M. ON
MARCH 29, 1994, AT THE HILTON HOTEL, 3800 HILLSBOROUGH
ROAD, THE WALKER SUITE, DURHAM, NORTH CAROLINA, AND WAS
REPORTED BY CAROLYN Y. HALL & ASSOCIATES.
THE SIGNATURE OF THE WITNESS TO THE TRANSCRIPT
OF HER TESTIMONY IS HEREBY REQUIRED.
- - - - - - - - - - -
WHEREUPON,
ELIZABETH A. HENRY, Ph.D.,
HAVING FIRST BEEN DULY SWORN,
WAS EXAMINED AND TESTIFIED
AS FOLLOWS:
EXAMINATION BY MS. HOGAN:
Q. MY NAME IS LISA HOGAN, AND I REPRESENT THE
UNITED STATES IN THESE PROCEEDINGS. I'M GOING TO ASK
YOU A SERIES OF QUESTIONS TO GET AN IDEA OF WHAT YOUR
OPINIONS AT TRIAL WILL BE IN THIS MATTER. IF YOU DO
NOT UNDERSTAND ANY OF MY QUESTIONS, LET ME KNOW; I'LL
TRY TO REPHRASE THEM FOR YOU. I'LL ASSUME THAT IF YOU
ANSWER THE QUESTIONS THEN YOU UNDERSTAND WHAT I'VE
ASKED YOU. OKAY?
A. OKAY.
DR. HENRY VOLUME I PAGE 5
Q. ALL RIGHT. CAN YOU STATE YOUR FULL NAME AND
YOUR BUSINESS ADDRESS?
A. ELIZABETH ANN HENRY, 1086 MORNINGSIDE AVENUE,
SCHENECTADY, NEW YORK, 12309.
Q. OKAY. WHAT IS YOUR PRESENT PLACE OF
EMPLOYMENT?
A. PTI ENVIRONMENTAL SERVICES.
Q. AND WHAT IS YOUR POSITION THERE?
A. I'M A SENIOR SCIENTIST.
Q. AND WHAT DOES THAT MEAN?
A. WHAT DOES THAT MEAN? IT MEANS I'M A -- I HAVE
A Ph.D. I'VE BEEN WITH THE FIRM FOR TWO YEARS, AND I'M
A SENIOR -- I THINK IT'S THE HIGHEST LEVEL SCIENTIST
THERE IS IN THE COMPANY---
Q. ALL RIGHT.
A. ---BEFORE YOU GET INTO MANAGEMENT.
Q. HOW WOULD YOU DESCRIBE YOUR AREA OF EXPERTISE?
A. I'VE BEEN SPECIALIZING IN MERCURY CYCLING FOR
THE LAST -- LET'S SEE, '88 -- SIX YEARS. SPECIFICALLY,
MY TRAINING'S BEEN IN MICROBIOLOGY, ENVIRONMENTAL
MICROBIOLOGY, AND THE FOCUS HAS BEEN ON MERCURY CYCLING.
Q. WHAT PORTION OF YOUR SPECIALIZATION IN MERCURY
OCCURRED WHILE YOU WERE A GRADUATE STUDENT?
A. IN GRADUATE SCHOOL, I STUDIED MERCURY
METHYLATION BY SULFATE-REDUCING BACTERIA AND THE ROLE
DR. HENRY VOLUME I PAGE 6
OF SULFATE-REDUCING BACTERIA IN ENVIRONMENTAL MERCURY
METHYLATION, BOTH IN LABORATORY STUDIES WITH PURE
CULTURES OF BACTERIA AND IN FIELD STUDIES LOOKING AT
METHYLATION RATES AND SULFATE-REDUCTION RATES IN LAKE
SEDIMENTS.
Q. OKAY. HAVE YOU EVER TESTIFIED AT TRIAL
BEFORE?
A. NO, I HAVE NOT.
Q. HAVE YOU EVER BEEN DEPOSED BEFORE?
A. NO, I HAVE NOT.
Q. ALL RIGHT. IN CONNECTION WITH YOUR DEPOSITION
WHICH IS BEING TAKEN TODAY, YOU WERE SERVED WITH A
NOTICE OF TAKING DEPOSITION - DUCES TECUM. IS THIS THE
NOTICE THAT YOU WERE SERVED WITH?
(THEREUPON, WITNESS REVIEWS DOCUMENT.)
A. YES, IT LOOKS LIKE THE NOTICE.
MS. HOGAN: OKAY. I'D LIKE TO HAVE THIS
FIRST DOCUMENT MARKED AS EXHIBIT NO. 1.
(THEREUPON, THE DOCUMENT REFERRED
TO ABOVE WAS MARKED AS DEFENDANT'S
EXHIBIT NO. 1 - ELIZABETH A. HENRY
DEPOSITION - FOR IDENTIFICATION.)
(THEREUPON, THERE WAS AN
OFF-THE-RECORD DISCUSSION
WHICH WAS NOT REPORTED
DR. HENRY VOLUME I PAGE 7
BY THE COURT REPORTER.)
Q. (BY MS. HOGAN) ALL RIGHT. ON PAGE SIX OF
YOUR NOTICE IS A LIST OF DOCUMENTS THAT WE ASKED YOU TO
PRODUCE IN CONNECTION WITH YOUR DEPOSITION TODAY.
THERE ARE A TOTAL OF THIRTY-NINE CATEGORIES. I DON'T
HAVE AN EXTRA COPY, SO I'M GOING TO HAND YOU MINE AND
ASK YOU TO GO THROUGH EACH OF THESE ITEMS AND TELL ME
WHETHER OR NOT YOU'VE PRODUCED THE DOCUMENT. HAVE YOU
PRODUCED THE FIRST DOCUMENT?
A. YES.
Q. HAVE YOU PRODUCED THE ITEMS LISTED IN THE
SECOND REQUEST?
A. YES.
Q. HAVE YOU PRODUCED THE ITEMS LISTED IN THE
THIRD REQUEST?
A. YES.
Q. HAVE YOU PRODUCED THE ITEMS LISTED IN THE
FOURTH REQUEST?
A. YES.
Q. HAVE YOU PRODUCED THE ITEMS THAT ARE LISTED IN
THE FIFTH REQUEST?
A. YES.
Q. HAVE YOU PRODUCED THE ITEMS THAT ARE LISTED IN
THE SIXTH REQUEST?
A. CAN I JUST ASK A QUESTION? A LOT OF THESE I
DR. HENRY VOLUME I PAGE 8
HAVE NOTHING TO PRODUCE FOR, SO WHEN I ANSWER "YES," IT
MEANS I READ THAT AND I DON'T HAVE ANYTHING TO PRODUCE,
SO, OKAY?
Q. THAT'S FINE. HAVE YOU PRODUCED THE -- OH,
YOU'RE STILL ON SIX?
A. ON SIX; YES, I HAVE.
Q. ALL RIGHT. HAVE YOU PRODUCED THE ITEMS LISTED
IN NUMBER SEVEN?
A. YES.
Q. HAVE YOU PRODUCED THE ITEMS LISTED IN NUMBER
EIGHT?
A. NUMBER EIGHT, I REMEMBER THIS IS A RATHER
BROAD REQUEST. I CERTAINLY HAVE ABSTRACTS AND
MATERIALS USED IN SCIENTIFIC PRESENTATIONS OVER THE
LAST SIX YEARS THAT HAVE VERY LITTLE TO DO WITH THE
CURRENT CASE.
Q. DID YOU RELY ON THEM TO FORM THE OPINIONS THAT
YOU HAVE TODAY?
A. NO.
Q. ALL RIGHT. HAVE YOU PRODUCED THE ITEMS LISTED
IN NUMBER -- WHERE ARE WE, NINE?
A. NINE; YES.
Q. NUMBER TEN?
A. NUMBER TEN, THERE'S ONE -- WE HAVE A COM -- I
HAVE A COMPUTER DISK WHERE I HAVE SPREADSHEETS OF THE
DR. HENRY VOLUME I PAGE 9
KBN SAMPLING DATA FROM WHICH I WAS MAKING GRAPHS, ONE
OF WHICH APPEARS IN THE FINAL REPORT. I HAVE BROUGHT
THAT WITH ME TODAY IF YOU'D LIKE TO MAKE A COPY OF IT,
BUT I DON'T HAVE AN EXTRA COPY.
Q. ALL RIGHT. WE'LL TAKE YOUR COPY AND WE CAN
SEND IT BACK TO YOU.
A. OKAY.
Q. OKAY. DO YOU HAVE THAT WITH YOU NOW?
MR. SAMS: DO YOU HAVE THAT HANDY?
(THEREUPON, THE WITNESS
HANDS DISK TO MS. HOGAN.)
Q. (BY MS. HOGAN) HAVE YOU PRODUCED THE ITEMS
THAT ARE LISTED IN THE NEXT REQUEST?
A. NUMBER ELEVEN, YES.
Q. THE NEXT REQUEST AFTER THAT?
A. YES.
Q. NUMBER THIRTEEN, THOSE ITEMS?
A. YES.
Q. NUMBER FOURTEEN?
A. YES.
Q. NUMBER FIFTEEN?
A. YES.
Q. NUMBER SIXTEEN?
A. YES.
Q. NUMBER SEVENTEEN?
DR. HENRY VOLUME I PAGE 10
A. YES.
Q. NUMBER EIGHTEEN?
A. YES.
Q. NUMBER NINETEEN?
A. YES.
Q. THE ITEMS LISTED IN NUMBER TWENTY?
A. YES.
Q. THOSE IN TWENTY-ONE?
A. YES.
Q. IN TWENTY-TWO?
A. YES.
Q. IN TWENTY-THREE?
A. YES.
Q. TWENTY-FOUR?
A. YES.
Q. IN TWENTY-FIVE?
A. YEAH, I WOULD PRESUME THESE ARE ANY DOCUMENTS
THAT I'VE SEEN THAT HAVE TO DO WITH THIS REVIEW OF THE
WORK.
Q. THAT YOU HAVE REVIEWED, CORRECT?
A. YEAH. YES, I HAVE.
Q. THE NEXT ITEM?
A. YES -- YES.
Q. ITEM TWENTY-SEVEN?
A. YES.
DR. HENRY VOLUME I PAGE 11
Q. TWENTY-EIGHT?
A. YES.
Q. THOSE ITEMS LISTED IN TWENTY-NINE?
A. YES.
Q. THE ITEMS IN THIRTY?
A. YES.
Q. THE ITEMS IN THIRTY-ONE?
A. YES.
Q. THOSE IN THIRTY-TWO?
A. YES.
Q. THIRTY-THREE?
A. YES.
Q. THIRTY-FOUR?
A. YES.
Q. THIRTY-FIVE?
A. YES.
Q. THE ITEMS LISTED IN THIRTY-SIX?
A. YES.
Q. THOSE IN THIRTY-SEVEN?
A. YES.
Q. THIRTY-NINE?
A. THIRTY-EIGHT, YES.
Q. AND THEN THIRTY-EIGHT?
A. YES.
Q. OKAY.
DR. HENRY VOLUME I PAGE 12
MR. SAMS: MAY I MAKE A BRIEF STATEMENT FOR
THE RECORD ABOUT OUR PRODUCTION OF PRIVILEGED
LIST?
MS. HOGAN: YES.
MR. SAMS: WE DID PRESENT A SINGLE
TYPEWRITTEN PAGE THAT IS A PRIVILEGED LIST THROUGH
LAST WEEKEND, AND IT ESSENTIALLY IS CORRESPONDENCE
WITH COUNSEL REFLECTING THE THOUGHTS OF COUNSEL.
IN ADDITION TO THAT, WE HAVE HELD BACK AS
PRIVILEGED ONE DRAFT OF THE REPORT THAT
ESSENTIALLY CONTAINED THE THOUGHTS OF COUNSEL AS
MARGINAL NOTATIONS; WE BELIEVE THAT'S ATTORNEY
WORK PRODUCT. AND WE HELD BACK A FEW PAGES OF THE
NOTES TAKEN BY DR. HENRY, WHICH REFLECT ATTORNEY
WORK PRODUCT COMMUNICATIONS CONCERNING THE CASE.
MS. HOGAN: NOTES TAKEN WHEN?
MR. SAMS: AT VARIOUS COMMUNICATIONS, EITHER
BY TELEPHONE OR AT MEETINGS, WHICH REFLECT
ATTORNEY WORK PRODUCT. WE HAVE, HOWEVER, PRODUCED
THE BULK OF HER NOTES SINCE THEY DID NOT INVOLVE
SUCH COMMUNICATIONS. THOSE ARE AMONG THE
DOCUMENTS WE'VE PRODUCED TODAY.
MS. HOGAN: THE DRAFT OF THE REPORT THAT
CONTAINS THE NOTES OF COUNSEL, DO THEY ALSO
CONTAIN DR. HENRY'S NOTES?
DR. HENRY VOLUME I PAGE 13
MR. SAMS: I THINK THEY MAY ACTUALLY BE
DR. HENRY'S NOTES OF COMMUNICATIONS FROM COUNSEL.
MS. HOGAN: OKAY. SO, THEY ARE NOT NOTES
THAT WERE WRITTEN BY COUNSEL; THEY ARE NOTES THAT
WERE WRITTEN BY DR. HENRY AFTER CONVERSATIONS WITH
COUNSEL?
WITNESS: DURING CONVERSATIONS.
MS. HOGAN: DURING CONVERSATIONS WITH
COUNSEL. OKAY. THE THREE ADDITIONAL ITEMS THAT
YOU'VE LISTED AS BEING WITHHELD, ARE THEY ON THIS
LIST?
MR. SAMS: NO, THEY ARE NOT. THEY RELATE TO
MATTERS WHICH WE SAW ONLY FOLLOWING THE TYPING OF
THAT LIST, WHICH I BELIEVE WAS EITHER FRIDAY OR
SATURDAY OF LAST WEEK; SO, THEY'RE ADDITIONAL TO
IT.
MS. HOGAN: OKAY. ANY OTHER DOCUMENTS THAT
YOU DIDN'T PRODUCE?
MR. SAMS: NO.
Q. (BY MS. HOGAN) ALL RIGHT. DR. HENRY, DO YOU
UNDERSTAND THAT YOU'VE BEEN DESIGNATED AS AN EXPERT
WITNESS IN THESE PROCEEDINGS?
A. YES.
Q. ARE YOU FAMILIAR WITH WHAT AREAS AND ISSUES
YOU'LL BE RENDERING OPINIONS ON?
DR. HENRY VOLUME I PAGE 14
A. YES.
Q. WHAT ARE THOSE AREAS?
A. THE PRIMARY AREA IS THE EFFECT OF ELEVATED
PHOSPHORUS OR PHOSPHORUS INPUTS ON MERCURY
CONCENTRATIONS IN FISH IN THE EVERGLADES.
Q. ALL RIGHT. WE HAVE RECEIVED A SUPPLEMENTAL
DESIGNATION OF EXPERT AND FACT WITNESSES. YOU SAID
"ONE OF THE PRIMARY AREAS"; ARE THERE OTHER AREAS?
A. I AM ALSO -- THAT'S BEEN THE MAIN FOCUS OF OUR
REPORT. I AM ALSO QUALIFIED TO DISCUSS RATES OF
METHYLMERCURY PRODUCTION, IN THAT AREA.
Q. ALL RIGHT. IS THAT GOING TO BE PART OF YOUR
OPINION OR THE OPINIONS---
A. NO.
Q. ---THAT YOU WILL BE PRODUCING AT TRIAL?
A. NO.
Q. THAT'S JUST THE BACKGROUND AREA THAT YOU HAVE?
A. YEAH.
Q. WHAT OTHER AREAS DO YOU EXPECT TO TESTIFY TO
AT TRIAL?
A. I THINK WHAT I MENTIONED IS THE PRIMARY ONE.
WE'VE ONLY BEEN ON THE CASE FOR SIX WEEKS, SO IT MAY BE
POSSIBLE THAT WE WOULD HAVE ADDITIONAL OPINIONS BEFORE
THE HEARING.
Q. WHAT WOULD THOSE OPINIONS CONCERN?
DR. HENRY VOLUME I PAGE 15
A. IN GENERAL, THEY WOULD CONCERN FURTHER
DEVELOPMENT OF THE HYPOTHESIS THAT WE'VE PRESENTED IN
OUR FINAL REPORT.
Q. ALL RIGHT. I'M GOING TO HAND YOU A DOCUMENT
THAT WE CAN MARK AS THE SECOND EXHIBIT TO YOUR
DEPOSITION, AND I BELIEVE IT'S YOUR SUPPLEMENTAL --
WELL, IT'S SUPPLEMENTAL DESIGNATION OF EXPERT
WITNESSES, AND YOU ARE LISTED ON THERE AS AN EXPERT
WITNESS FOR THE CO-OP.
(THEREUPON, THE DOCUMENT REFERRED
TO ABOVE WAS MARKED AS DEFENDANT'S
EXHIBIT NO. 2 - ELIZABETH A. HENRY
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. HOGAN) ALL RIGHT. ACCORDING TO THIS
DESIGNATION, THE SUBJECT MATTER OF YOUR EXPECTED
TESTIMONY IS THE BIOGEOCHEMISTRY OF AQUATIC
ENVIRONMENTS WITH PARTICULAR EMPHASIS ON MERCURY
METHYLATION AND CYCLING.
A. YES.
Q. OKAY. THE SUBSTANCE OF THE FACTS AND OPINIONS
WHICH YOU WILL BE RENDERING WILL BE THE INTERPRETATION
OF RESULTS OF THE MERCURY AND RELATED SAMPLING WITHIN
THE EAA AND EPA AND POTENTIAL EFFECTS OF THE PROPOSED
SWIM PLAN ON MERCURY CONTAMINATION IN THE PROPOSED
STA'S AND THE EPA. IS THAT CORRECT?
DR. HENRY VOLUME I PAGE 16
A. YES.
Q. ALL RIGHT. SO THAT'S IN ADDITION TO THE AREAS
THAT YOU MENTIONED BEFORE?
A. YEAH. THAT'S A MORE -- MORE OF A BROADER
CLASSIFICATION THAN I HAD ORIGINALLY SAID, BUT THAT IS
CORRECT.
Q. OKAY. CAN YOU PLEASE SUMMARIZE THE SUBSTANCE
OF YOUR OPINIONS AS TO THE CONSTRUCTION OF THE STA'S
AND THEIR EFFECT ON METHYLMERCURY PRODUCTION?
A. THERE IS EVIDENCE FROM THE LITERATURE THAT
FORMATION OF ANAEROBIC CONDITIONS AND ADDITION OF
SULFATE WILL INCREASE METHYLMERCURY PRODUCTION, AND I
BELIEVE THAT'S BEEN STATED IN A NUMBER OF THE
BACKGROUND DOCUMENTS FOR THIS CASE. HOWEVER, THAT DOES
NOT ADDRESS THE QUESTION OF WHAT IS THE RATE OF NET
METHYLMERCURY PRODUCTION BECAUSE WE'RE TALKING ABOUT A
BALANCE BETWEEN METHYLMERCURY PRODUCTION AND
METHYLMERCURY DEMETHYLATION. SO, TO SPECIFICALLY
ANSWER YOUR QUESTION, I'D SAY THAT THERE'S A
POSSIBILITY THAT STA'S WILL INCREASE THE RATE OF
METHYLMERCURY PRODUCTION BECAUSE OF THE PRODUC --
BECAUSE OF THE OCCURRENCE OF REDUCED CONDITIONS AND
ENHANCED SULFATE CONCENTRATIONS IN THAT AREA.
Q. CAN YOU SUMMARIZE THE SUBSTANCE OF YOUR
OPINIONS AS TO THE PHOSPHORUS EFFECT ON METHYLMERCURY
DR. HENRY VOLUME I PAGE 17
PRODUCTION?
A. THE PHOSPHORUS -- PHOSPHORUS INPUTS WILL TEND
TO INCREASE -- IT'S A -- KIND OF A TWO OR THREE-STEP
PROCESS. PHOSPHORUS INPUTS WILL TEND TO INCREASE
PRIMARY PRODUCTIVITY IN ANY -- IN A SYSTEM THAT'S
LIMITED BY PHOSPHORUS. WHEN PRIMARY PRODUCTIVITY
INCREASES, YOU TEND TO GET MORE AVAILABLE ORGANIC
CARBON, WHICH IS THEN USED BY UP MICROBES; AND IN THEIR
ACTIVITY AND IN THE DEGRADATION OF ORGANIC CARBON, YOU
GET REDUCED -- OR, ANAEROBIC AND THEN REDUCED
CONDITIONS. SO, THERE IS -- THERE'S A POSSIBILITY THAT
PHOSPHORUS INPUTS WILL INCREASE METHYLMERCURY
PRODUCTION. BUT, AGAIN, IT -- THIS DOES NOT ADDRESS
THE RATE OF NET METHYLMERCURY PRODUCTION, AND IT DOES
NOT ADDRESS THE RATE OF METHYLMERCURY BY ACCUMULATION
OR WHAT YOU'RE GOING TO END UP SEEING IN THE BIOTA; SO,
IT'S A LIMITED QUESTION.
Q. OKAY. CAN YOU SUMMARIZE THE SUBSTANCE OF YOUR
OPINIONS AS TO THE EFFECT OF PHOSPHORUS ON
METHYLMERCURY BIOACCUMULATION?
A. BASED ON OUR BEST INTERPRETATION OF THE
LIMITED DATA THAT'S AVAILABLE TO US AND THE
PREPONDERANCE OF SCIENTIFIC LITERATURE, THE PHOSPHORUS
INPUTS INTO A SYSTEM WHICH IS -- BEGINS BY BEING
LIMITED BY PHOSPHORUS, SUCH AS AN OLIGOTROPHIC SYSTEM,
DR. HENRY VOLUME I PAGE 18
WILL RESULT IN REDUCED MERCURY BIOACCUMULATION IN FISH.
Q. OKAY. YOU SAID LIMITED DATA THAT'S AVAILABLE
TO YOU; WHAT DO YOU MEAN "LIMITED"?
A. AT THIS POINT, WE WERE ABLE TO REVIEW MERCURY
IN WATER DATA, MERCURY IN FISH DATA AND WATER-QUALITY
DATA FROM TWO STUDIES. ONE WAS THE KBN SAMPLING THAT
WAS DONE IN, I BELIEVE, JANUARY OR FEBRUARY OF THIS
YEAR; THE FINAL REPORTS JUST CAME OUT IN MARCH. AND
THE SECOND DATA SET WAS THE PRELIMINARY RESULTS FROM
THE EPA CANAL SURVEY IN THE EVERGLADES. AS FAR AS I
KNOW -- WELL, LET ME RESTATE -- I HAVEN'T SEEN ANY
OTHER DATA, AND I DON'T -- I DON'T THINK ANY OTHER DATA
ARE AVAILABLE AT THIS POINT FROM THAT SPECIFIC AREA.
Q. AND YOU CONSIDER THE DATA THAT'S BEEN PRODUCED
TO BE LIMITED DATA?
A. YEAH.
Q. CAN YOU SUMMARIZE THE SUBSTANCE OF YOUR
OPINIONS AS TO THE RESERVOIR EFFECT IN THE NORTHERN
AREAS OF THE COUNTRY?
A. IN THE NORTHERN AREAS OF THE COUNTRY?
Q. THE NORTHERN LAKES.
A. IN MANY CASES, IN THE NORTHERN PART OF THIS
COUNTRY, WHAT YOU SEE WHERE THE RESERVOIR EFFECT IS AN
INCREASE IN MERCURY CONCENTRATIONS IN FISH IN RECENTLY
IMPOUNDED RESERVOIRS.
DR. HENRY VOLUME I PAGE 19
Q. WHAT IS YOUR OPINION AS TO THE CAUSE?
A. THE CAUSE IS PROBABLY FROM INCREASED AVAILABLE
ORGANIC CARBON WHEN YOU FLOOD A TERRESTRIAL --
TERRESTRIAL VEGETATION.
Q. OKAY. YOU SAID "PROBABLE"?
A. WELL, I DON'T -- A LOT OF THIS STUFF, IT'S NOT
ABSOLUTELY CLEAR, BUT THERE'S A -- THERE'S A GOOD BASE
OF SCIENTIFIC OPINION THAT THE INCREASE IN AVAILABLE
ORGANIC CARBON IS CAUSING INCREASED METHYLATION RATES
AND INCREASED MERCURY ACCUMULATION IN FISH IN THESE
RESERVOIRS.
Q. OKAY. DO YOU HAVE ANY OTHER OPINIONS IN ANY
OTHER AREAS?
A. I THINK IF -- ANYTHING THAT I HAVEN'T STATED
HERE IS COVERED IN OUR DRAFT REPORT THAT YOU HAVE.
Q. OKAY. I'M GOING TO HAND YOU ANOTHER DOCUMENT
THAT WE'LL MARK AS EXHIBIT THREE TO YOUR DEPOSITION.
CAN YOU IDENTIFY THAT DOCUMENT FOR THE RECORD?
A. LET ME JUST GO BACK. I'M NOT SURE IF THIS
WOULD BE AN OPINION, BUT IT PROBABLY IS. I -- I
BELIEVE THAT THERE HAS TO BE FURTHER STUDY OF THE
EVERGLADES AND OF THE STA'S IN ORDER TO COME UP WITH
SOME DEFINITIVE CONCLUSIONS ABOUT THE EFFECT OF
REDUCING PHOSPHORUS INPUTS ON MERCURY ACCUMULATION IN
FISH; AND THAT'S DISCUSSED IN OUR DRAFT REPORT.
DR. HENRY VOLUME I PAGE 20
Q. OKAY. SO YOU BELIEVE THAT YOUR -- YOUR REPORT
IS NOT DEFINITIVE AS OF YET?
A. I -- BASED ON WHAT WE'VE DONE AND ON THE -- ON
THE SCIENTIFIC LITERATURE, I THINK IT'S -- THAT'S MY
BEST JUDGMENT AS TO THE EFFECT OF PHOSPHORUS INPUTS.
BUT I DO SEE THAT IT IS A LIMITED DATA SET AND WOULD
RECOMMEND FURTHER RESEARCH.
Q. OKAY.
A. YEAH, THIS IS MY RESUME.
MS. HOGAN: OKAY. WE HAVE A CLEAN COPY TO BE
MARKED AS THREE -- OR FOUR? THREE.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS MARKED AS DEFENDANT'S
EXHIBIT NO. 3 - ELIZABETH A. HENRY
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. HOGAN) DR. HENRY, HOW LONG HAVE YOU
BEEN INVOLVED IN THE SCIENTIFIC ANALYSIS OF MERCURY AND
MERCURY COMPOUNDS?
A. I -- LET'S SEE. I WAS INVOLVED IN GRADUATE
SCHOOL IN THE SCIENTIFIC ANALYSIS -- WE'RE TALKING
ABOUT LABORATORY ANALYSIS OF MERCURY -- FOR ABOUT THREE
YEARS. SINCE THE END OF '91, I HAVE NOT BEEN WORKING
IN A LABORATORY. I'VE BEEN WORKING WITH DATA THAT'S
BEEN PRESENTED TO ME.
Q. AND HOW HAVE YOU BEEN WORKING WITH IT?
DR. HENRY VOLUME I PAGE 21
WORKING WITH IT IN WHAT WAY?
A. INTERPRETING -- ANALYZING AND INTERPRETING
DATA.
Q. FROM WHERE?
A. THE MAIN PROJECT I'VE BEEN WORKING ON IS IN
ONONDAGA LAKE, NEW YORK; AND WE HAVE A -- PTI CURRENTLY
HAS A BIG INVESTIGATION GOING ON THERE ON MERCURY
CYCLING.
Q. IS THAT IN CONNECTION WITH THE RESERVOIR
EFFECT?
A. NO, IT'S NOT.
Q. WHAT IS THAT IN CONNECTION WITH?
A. ONONDAGA IS A LAKE THAT'S BEEN SUBJECT TO
HISTORICAL POINT SOURCES OF MERCURY. SO, IT HAS
ELEVATED MERCURY CONCENTRATIONS IN WATER AND SEDIMENT,
AND USED TO HAVE ELEVATED CONCENTRATIONS IN FISH.
Q. AND IT DOESN'T ANYMORE?
A. THE CONCENTRATIONS IN FISH HAVE GONE DOWN
DRAMATICALLY SINCE THE SEVENTIES.
Q. ABOUT WHEN IN THE SEVENTIES?
A. DATING FROM THE -- I BELIEVE IT WAS WHEN THE
EPA CAME OUT WITH REVISED DISCHARGE LIMITS FOR MERCURY,
AND I'M NOT QUITE SURE OF THE DATE. I THINK IT WAS
EARLY SEVENTIES.
Q. WHAT DO YOU BELIEVE IS THE CAUSE OF THE
DR. HENRY VOLUME I PAGE 22
MERCURY HAVING GONE DOWN IN THE FISH?
A. IN ONONDAGA LAKE?
Q. UH-HUH (YES).
A. IN ONONDAGA, WE HAVE A GREAT DEAL OF
SEDIMENTATION OCCURRING. THAT'S A HIGH-SUSPENDED SOLID
LOAD, AND WHAT WE'RE SEEING IS, BASICALLY, A NET
REMOVAL OF MERCURY FROM THE SYSTEM TO THE SEDIMENTS;
AND, SO, THERE'S LESS -- LESS MERCURY AVAILABLE FOR
UPTAKE BY FISH.
Q. YOU SAID YOU WERE REVIEWING DATA SETS; ARE
THOSE THE ONLY DATA SETS, FROM ONONDAGA LAKE, THAT
YOU'VE BEEN REVIEWING?
A. I'M NOT SURE I FOLLOW YOUR QUESTION.
Q. I ASKED YOU WHAT YOU WERE STUDYING, WHAT DATA
YOU WERE STUDYING, AND YOU MENTIONED YOU WERE STUDYING
MERCURY AS IT RELATES TO ONONDAGA LAKE.
A. UH-HUH (YES).
Q. ARE THERE ANY OTHER LAKES OR BODIES OF WATER
OR MERCURY DATA THAT YOU'RE STUDYING?
A. OH. THE ONONDAGA PROJECT, THOSE ARE DATA THAT
ARE GENERATED BY PTI, AND SO THOSE ARE THE ONES I'M
MOST INTIMATE WITH. I'VE ALSO BEEN LOOKING AT DATA
FROM OTHER LAKES IN THE LITERATURE, AND SOME OF -- SOME
OF THOSE INTERPRETATION OF DATA IS INCLUDED IN OUR
DRAFT REPORT.
DR. HENRY VOLUME I PAGE 23
Q. OKAY. SO WHAT OTHER AREAS ARE YOU LOOKING AT,
SPECIFICALLY, OTHER THAN ONONDAGA LAKE? WHAT OTHER
ISSUES ARE YOU STUDYING?
A. ONE OF THE MAIN ISSUES WE'VE BEEN LOOKING AT
IS THIS EFFECT OF EUTROPHICATION ON MERCURY
CONCENTRATIONS IN THE FISH, AND THAT WAS STARTED BASED
ON OUR EXPERIENCE IN ONONDAGA LAKE BECAUSE THAT LAKE IS
A HYPEREUTROPHIC SYSTEM.
WE'VE ALSO -- OR, I'VE ALSO DONE SOME MORE GENERAL
REVIEW OF MERCURY LITERATURE AND -- I THINK I'LL LEAVE
IT AT THAT.
Q. OKAY. HOW DOES THE DATA THAT YOU'VE BEEN
STUDYING RELATE TO THE EVERGLADES?
A. IT RELATES TO THE EVERGLADES BECAUSE -- WAIT,
IS THIS DATA FROM ONONDAGA---
Q. UH-HUH (YES).
A. ---WAS THAT, SPECIFICALLY? ONONDAGA'S A
HYPEREUTROPHIC SYSTEM. SO, IT'S GOT ELEVATED SUSPENDED
SOLIDS, FAIRLY HIGH PHOSPHORUS CONCENTRATIONS. THE
SETUP IS A LITTLE DIFFERENT BECAUSE WE'RE GETTING INPUT
FROM A SEWAGE TREATMENT PLANT, NOT AN AGRICULTURAL
DISCHARGE, BUT WHAT YOU'RE SEEING IN TERMS OF WATER
QUALITY IS QUITE SIMILAR.
AND WHAT WE'RE FINDING IN ONONDAGA IS THAT,
DESPITE THE MERCURY THAT'S PRESENT IN THE LAKE FROM
DR. HENRY VOLUME I PAGE 24
HISTORICAL SOURCES OF MERC -- HISTORICAL SOURCES, THE
MERCURY CONCENTRATIONS IN FISH ARE NOT MUCH MORE THAN
MERCURY CONCENTRATIONS IN FISH IN PRISTINE AREAS. AND,
THEREFORE, IT'S LED US ALONG THE PATH OF LOOKING AT THE
LACK OF CORRELATION BETWEEN YOUR TOTAL MERCURY
CONCENTRATIONS IN WATER AND YOUR MERCURY CONCENTRATIONS
IN FISH.
Q. IS THE EVERGLADES A LAKE?
A. NO, IT'S NOT.
Q. ALL RIGHT.
A. IT'S A -- THE EVERGLADES IS A MORE COMPLICATED
SYSTEM IN TERMS OF THE WATER. THERE'S, OBVIOUSLY, SOME
RESERVOIRS; THERE'S MORE RIVERING SYSTEMS; AND THERE --
THERE ARE VERY DIFFERENT HYDROLOGICAL CHARACTERISTICS.
Q. OKAY. WHAT HAS BEEN THE EXTENT OF YOUR
INVOLVEMENT OR ANALYSIS OF MERCURY AND MERCURY
COMPOUNDS IN THE SOILS AND SEDIMENTS OF NATURAL LAKES?
A. I'VE BEEN -- LET'S SEE. I'VE BEEN -- IN
GRADUATE SCHOOL, I WAS INVOLVED IN STUDIES WITH CINDY
GILMOUR, WHO IS NOW AT THE BENEDICT ESTUARINE RESEARCH
LAB, LOOKING AT MERCURY CONCENTRATIONS IN SEDIMENTS.
AT THAT POINT, MY ROLE WAS PRIMARILY ONE OF SAMPLING.
I DIDN'T ACTUALLY PERFORM THE ANALYSIS.
Q. FOR NATURAL LAKES?
A. YEAH. AND SINCE THEN, IT'S BEEN MORE OF THE
DR. HENRY VOLUME I PAGE 25
DATA INTERPRETATION AND ANALYSIS.
Q. OKAY. WHAT ABOUT YOUR ANALYSIS, I GUESS, AND
DATA INTERPRETATION FOR NORTHERN RESERVOIRS?
A. THE ONE RESERVOIR I'VE BEEN INVOLVED WITH IN
RESEARCH IS QUABBIN RESERVOIR IN MASSACHUSETTS WHICH,
DEPENDING ON HOW FAR NORTH IS NORTHERN, MAY BE INCLUDED
IN THAT. BUT THAT -- THAT'S THE ONE SITE I'VE BEEN
INVOLVED WITH.
Q. AND WHAT HAVE YOU DONE AT THAT SITE?
A. THAT SITE, WE LOOKED AT -- WELL, THE RESEARCH
WE DID AT THAT SITE WAS TO LOOK AT SEDIMENT CORES, TO
MEASURE RATES OF SULFATE REDUCTION AND MERCURY
METHYLATION ON THE ADDITION OF SULFATE AND, ALSO, TO
LOOK AT MERCURY AND METHYLMERCURY CONCENTRATIONS IN THE
SEDIMENT.
Q. ANY OTHER RESERVOIRS?
A. NO.
Q. OKAY. WHAT'S BEEN THE EXTENT OF YOUR
INVOLVEMENT OR ANALYSIS OF MERCURY AND MERCURY
COMPOUNDS IN THE SOIL OR SEDIMENT OF BOREAL WETLANDS?
A. NONE.
Q. EUTROPHIC WETLANDS?
A. NO, NO ANALYSIS.
Q. OLIGOTROPHIC WETLANDS?
A. NO ANALYSIS.
DR. HENRY VOLUME I PAGE 26
Q. AND THE EVERGLADES?
A. NO ANALYSIS. THAT -- THE -- ALL OF THOSE
AREAS I'VE BEEN IN -- MORE INVOLVED IN JUST LOOKING AT
LITERATURE AND DATA INTERPRETATION BUT NOT DIRECTLY IN
ANALYTICAL AREA.
Q. OKAY. YOU SAID THAT YOU'VE BEEN INTERPRETING
PUBLISHED LITERATURE ON THESE OTHER AREAS; HAVE YOU
PUBLISHED ANY WORKS CONCERNING THE CAUSES OF
METHYLMERCURY PRODUCTION IN NATURAL LAKES?
A. I BELIEVE YOU HAVE TWO OF MY PUBLICATIONS THAT
DISCUSS METHYLMERCURY PRODUCTION IN NATURAL LAKES. ONE
IS A REVIEW ARTICLE. IT'S RIGHT ON THE TOP THERE,
"MERCURY METHYLATION IN AQUATIC SYSTEMS AFFECTED BY
ACID DEPOSITION," AND THE SECOND IS RELATED TO THE
QUABBIN RESERVOIR WORK WHERE I THINK THE -- IT WAS IN
ES&T, AND THE TITLE WAS "SULFATE STIMULATES [sic]
MERCURY METHYLATION IN FRESHWATER SEDIMENTS."
Q. OKAY. HAVE YOU AUTHORED ANY PUBLICATIONS ON
EUTROPHIC WETLANDS?
A. NO, I HAVE NOT.
Q. OLIGOTROPHIC WETLANDS?
A. NO.
Q. ON THE EVERGLADES, IN PARTICULAR?
A. NO.
Q. OKAY. I'M GOING TO HAND YOU ANOTHER DOCUMENT
DR. HENRY VOLUME I PAGE 27
AND ASK YOU IF YOU CAN IDENTIFY THAT FOR ME.
(THEREUPON, WITNESS REVIEWS DOCUMENT.)
A. WELL, MINUS SOME FUZZY PAGES, THIS IS THE
REVIEW ARTICLE THAT CINDY GILMOUR AND I PUBLISHED IN
1991.
MS. HOGAN: OKAY. WE'RE GOING TO MARK THAT
AS THE NEXT EXHIBIT TO YOUR DEPOSITION.
(THEREUPON, THE DOCUMENT REFERRED
TO ABOVE WAS MARKED AS DEFENDANT'S
EXHIBIT NO. 4 - ELIZABETH A. HENRY
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. HOGAN) OKAY. THIS IS EXHIBIT FOUR TO
YOUR DEPOSITION. BASICALLY, WHAT IS YOUR HYPOTHESIS IN
THIS EXHIBIT?
A. THIS IS A REVIEW ARTICLE, SO IT'S MAINLY A
DISCUSSION OF THE LITERATURE INVOLVING THE VARIOUS
FACTORS THAT AFFECT MERCURY METHYLATION RATES, IN
PARTICULAR, IN AQUATIC SYSTEMS AFFECTED BY ACID
DEPOSITION.
Q. OKAY.
A. THAT'S IN GENERAL.
Q. ALL RIGHT. IT SAYS HERE THAT YOU "FOCUS ON
THE HYPOTHESIS THAT SULFATE-REDUCING BACTERIA ARE
IMPORTANT MEDIATORS OF METAL METHYLATION IN AQUATIC
SYSTEMS AND, MOREOVER, THAT SULFATE-DEPOSITION MAY
DR. HENRY VOLUME I PAGE 28
STIMULATE METHYLMERCURY PRODUCTION BY ENHANCING THE
ACTIVITY OF SULFATE-REDUCING BACTERIA IN SEDIMENTS."
WHAT IS YOUR BASIC HYPOTHESIS?
A. THE BASIC HYPOTHESIS WE DISCUSS IN THIS PAPER
IS THAT ADDITIONS OF SULFATE TO THE LAKES DISCUSSED IN
THIS PAPER WHICH, IN GENERAL, ARE OLIGOTROPHIC,
PRISTINE LAKES IN THE NORTHERN U.S. AND SOUTHERN
CANADA, POSSIBLY IN SCANDINAVIA -- THE HYPOTHESIS WAS
THAT SULFATE DEPOSITION WOULD STIMULATE
SULFATE-REDUCING BACTERIA BECAUSE SULFATE IS OFTEN A
LIMITING NUTRIENT IN FRESHWATER SYSTEMS, AND THAT
SULFATE-REDUCING BACTERIA ARE THOUGHT TO BE PRIMARY
METHYLATORS OF METHYLMERCURY -- OR, PRIMARY METHYLATORS
OF MERCURY; AND, THEREFORE, WITH THE ADDITION OF
SULFATE, YOU WOULD GET ENHANCED MERCURY METHYLATION.
Q. HOW DOES THIS ARTICLE -- OR, YOUR REVIEW AND
DISCUSSION RELATE TO THE PROBLEMS WHICH ARE OCCURRING
IN THE EVERGLADES?
A. WELL, I THINK THERE ARE CERTAIN SPECIFIC
FACTORS WE DISCUSS IN THIS PAPER THAT HAVE BEEN USED BY
OTHER PEOPLE AND BY MYSELF TO EXAMINE WHAT THE EFFECT
OF STA'S WILL BE ON METHYLMERCURY PRODUCTION IN THE
STA'S. AS FAR AS ACID DEPOSITION ON THE FLORIDA
EVERGLADES, I'M NOT SURE THAT ACID DEPOSITION IS A
PROBLEM IN THE EVERGLADES, SPECIFICALLY.
DR. HENRY VOLUME I PAGE 29
Q. WHAT SPECIFIC FACTORS DO YOU DISCUSS IN THIS
PAPER THAT ARE RELATED TO THE EVERGLADES?
A. LET ME JUST CHECK HERE. SULFATE
CONCENTRATION, ORGANIC CARBON. THOSE WOULD BE THE
TWO -- THOSE WOULD BE THE TWO SPECIFIC FACTORS
AFFECTING RATES Of METHYLMERCURY PRODUCTION. THERE'S
ALSO SOME DISCUSSION ON HERE ON METHYLATION AND
BIOACCUMULATION. I THINK THAT'S ABOUT IT.
Q. I'M GOING TO HAND YOU ANOTHER DOCUMENT, WHICH
WE'LL MARK AS EXHIBIT FIVE TO YOUR DEPOSITION, AND ASK
IF YOU CAN IDENTIFY THAT DOCUMENT.
A. THIS IS AN ARTICLE THAT CINDY GILMOUR, RALPH
MITCHELL AND I PUBLISHED IN ES&T IN 1992 ON OUR WORK IN
THE QUABBIN RESERVOIR.
MS. HOGAN: OKAY. WE'RE GOING TO MARK THAT
AS NUMBER FIVE.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS MARKED AS DEFENDANT'S
EXHIBIT NO. 5 - ELIZABETH A. HENRY
DEPOSITION - FOR IDENTIFICATION.)
Q. (BY MS. HOGAN) WHAT WERE YOUR FINDINGS?
A. THE FINDINGS IN THAT ARTICLE WERE THAT
ADDITIONS OF SULFATE TO QUABBIN RESERVOIR SEDIMENTS
STIMULATED MERCURY METHYLATION. THAT WAS ONE OF THEM.
WE ALSO DID SOME INHIBITION STUDIES WHERE WE ADDED
DR. HENRY VOLUME I PAGE 30
MOLYBDATE, WHICH IS A SPECIFIC INHIBITOR OF
SULFATE-REDUCING BACTERIA; AND ON THE ADDITION OF
MOLYBDATE, WE SEE A DECREASE IN MERCURY METHYLATION.
AND THE INTERPRETATION THERE IS THAT SULFATE-REDUCING
BACTERIA ARE IMPORTANT IN MERCURY METHYLATION IN THESE
PARTICULAR SEDIMENTS. I THINK THOSE ARE THE TWO MAIN
FINDINGS I CAN THINK OF AT THIS POINT.
Q. HOW DO THOSE FINDINGS RELATE TO WHAT'S
OCCURRING IN THE EVERGLADES?
A. WE CAN CERTAINLY HYPOTHESIZE ABOUT HOW THEY
RELATE. UNFORTUNATELY, AT THIS POINT, THERE ARE NO
DATA ON RATES OF METHYLMERCURY PRODUCTION IN THE
EVERGLADES, EITHER IN THE ENR -- THE EVERGLADES
NUTRIENT REMOVAL PROJECT, OR IN THE MARSHES OR IN THE
CANALS. IN GENERAL, THOUGH, THE -- ONE COULD EXTEND
THAT THE RESULTS OF THE ES&T PAPER TO SUGGEST THAT
ADDITIONS OF SULFATE, OR ELEVATED CONCENTRATIONS OF
SULFATE AS YOU MIGHT FIND IN THE DISCHARGE FROM THE
EVERGLADES AGRICULTURAL AREA, COULD STIMULATE
METHYLMERCURY PRODUCTION IN SEDIMENTS.
Q. HAVE YOU PUBLISHED ANY WORKS REGARDING THE
EFFECTS OF PHOSPHORUS ON THE METHYLATION PROCESS?
A. NO.
Q. HAVE YOU PUBLISHED ANY WORKS REGARDING THE
EFFECTS OF PHOSPHORUS ON THE BIOACCUMULATION OF
DR. HENRY VOLUME I PAGE 31
METHYLMERCURY?
A. NO.
Q. SO, YOUR BACKGROUND IS MORE THE STUDY OF WHAT,
FRESHWATER NATURAL LAKES?
A. YEAH. MY SPECIFIC EXPERIENCE HAS BEEN IN
FRESHWATER LAKES AND IN A RESERVOIR, QUABBIN RESERVOIR.
I WOULD EXTEND THAT TO BEING -- SAYING THAT I AM QUITE
FAMILIAR WITH THE LITERATURE ON MERCURY CYCLING AND
BIOACCUMULATION. IT'S IMPOSSIBLE TO DO EVERYTHING;
AND, SO, THAT'S BEEN MY FOCUS. BUT I DO FEEL PRETTY
FAMILIAR WITH THE GENERAL BULK OF THE LITERATURE ON
MERCURY CYCLING IN THE ENVIRONMENT.
Q. WHAT IS PARTICLE DYNAMICS? ARE YOU FAMILIAR
WITH THAT TERM?
A. I WOULD -- I'D HAVE TO SEE IT IN CONTEXT TO
KNOW SPECIFICALLY WHAT YOU'RE TALKING ABOUT.
Q. THE CONCEPT OF PARTICLE DYNAMICS? DOESN'T IT
INVOLVE THE MOVEMENT OF PARTICULATE MATTER THROUGHOUT
THE AQUATIC SYSTEM?
A. YEAH.
Q. ARE YOU FAMILIAR, GENERALLY, WITH THAT
PROCESS?
A. YES, I AM.
Q. OKAY. THIS MORNING WHEN YOU WALKED IN, WE
WERE HANDED THIS DOCUMENT, WHICH I GUESS WE'LL MARK AS
DR. HENRY VOLUME I PAGE 32
THE NEXT EXHIBIT TO YOUR DEPOSITION, AND ASK YOU IF YOU
CAN IDENTIFY THAT DOCUMENT.
(THEREUPON, THE DOCUMENT REFERRED
TO BELOW WAS MARKED AS DEFENDANT'S
EXHIBIT NO. 6 - ELIZABETH A. HENRY
DEPOSITION - FOR IDENTIFICATION.)
(THEREUPON, WITNESS REVIEWS DOCUMENT.)
A. YEAH. THESE ARE PAPERS THAT HAVE BEEN USED IN
COMING UP WITH SOME OF THE -- OR USED IN ANALYZING THE
DATA FROM THE KBN SAMPLING AND SOME DATA FROM FISH AND
GAME THAT WERE USED IN THE DRAFT REPORT.
Q. OKAY.
A. AND, ACTUALLY -- AND SOME OF THIS IS NOT IN
THE DRAFT REPORT. IT WAS DEVELOPED AFTER SUBMITTAL OF
THE DRAFT REPORT.
Q. SO WHOSE DATA IS THIS?
A. IT'S KIND OF A MIX. THIS IS A -- I'D CALL
THIS A MISCELLANEOUS DOCUMENT. DO YOU WANT ME TO GO
THROUGH IT PAGE BY PAGE?
Q. UH-HUH (YES).
A. OKAY. THE FIRST PAGE IS A DIAGRAM FROM
TETRA TECH THAT BREAKS THE EVERGLADES DOWN INTO
THIRTEEN CELLS BASED ON PHOSPHORUS CONCENTRATIONS OR
BASE PHOSPHORUS -- AVERAGE PHOSPHORUS CONCENTRATIONS.
THE NEXT TWO PAGES ARE THEIR MODELED RESULTS FOR BASE
DR. HENRY VOLUME I PAGE 33
PHOSPHORUS CONCENTRATIONS. THE FIRST PAGE IS FOR THE
PERIOD OF OCTOBER '90 TO SEPTEMBER '92, AND THE SECOND
IS FOR OCTOBER '91 TO SEPTEMBER '92.
THE THIRD PAGE WAS LOOKING -- I WAS LOOKING AT
SOME FISH AND GAME DATA SUPPLIED BY WARE ON MERCURY
CONCENTRATIONS IN WCA-2A MARSH.
Q. SUPPLIED BY WHOM?
A. WARE.
Q. WHO IS THAT?
A. W-A-R-E. I BELIEVE HE'S WITH FISH AND GAME.
I HAVE A -- I WAS GIVEN A DISK OF THE FISH DATA AND
WHAT I'M DISCUSSING -- DO YOU WANT ME TO TELL YOU --
OKAY. WHAT I'M DISCUSSING HERE IS THAT ON THE DISK,
THE LATITUDE AND LONGITUDE COORDINATES APPEAR TO BE
INCORRECT, BASED ON THE LABELING. I WAS ALSO GIVEN RAW
DATA SHEETS WITH FISH CONCENTRATIONS, LENGTH AND WEIGHT
MEASUREMENTS OF THE FISH COLLECTED AT THIS SITE, AND
THE LATITUDE AND LONGITUDE THERE WAS MUCH MORE IN LINE
WITH THE LABELED LOCATION, WCA-2A MARSH; SO, I TOOK
THOSE TO BE THE CORRECT COORDINATES.
WHAT I DID IS, I PLOTTED UP LENGTH VERSUS MERCURY
CONCENTRATION IN LARGEMOUTH BASS FOR THIS PARTICULAR
SITE; AND, AGAIN, THIS IS DATA FROM FISH AND GAME
COLLECTED IN MARCH OF '93. I GAVE THE EQUATION FOR THE
LINEAR REGRESSION, THE R SQUARED.
DR. HENRY VOLUME I PAGE 34
THEN WHAT I'VE DONE HERE IS TAKEN AN ESTIMATED
LENGTH OF THE AGE ZERO AND AGE ONE FISH FROM THE KBN
DATA AND PLUGGED THAT INTO THE REGRESSION FOR THE FISH
AND GAME DATA, TO COME UP WITH AN ESTIMATED AGE ZERO
AND AGE ONE FISH MERCURY CONCENTRATION FOR THE FISH AND
GAME DATA AT THAT PARTICULAR SITE.
THE SECOND PAGE SHOWS THE GRAPH -- OR THE NEXT
PAGE SHOWS THE GRAPH OF LENGTH VERSUS MERCURY
CONCENTRATION WITH THE CALCULATED REGRESSION EQUATION.
THE FOLLOWING PAGE IS A MAP OF WCA-2A. IT'S
GENERATED BY GIS, GEOGRAPHIC INFORMATION SYSTEM, AND IT
HAS LOCATED THAT POINT -- THAT SAMPLING POINT IN THE
WCA-2A MARSH. THAT'S THE -- IT'S THE ROUND CIRCLE---
Q. OKAY.
A. ---LABELED "HENRY." THE FOLLOWING PAGE ARE
CALCULATIONS OF LINEAR REGRESSIONS AND A LOG REGRESSION
OF THE KBN DATA FROM WCA-2A FOR DISSOLVED TOTAL
PHOSPHORUS VERSUS DISSOLVED METHYLMERCURY. AND IN THE
DRAFT REPORT THAT WE'VE PRESENTED -- WE USED THIS LOG
EQUATION THAT I'VE WRITTEN HERE ON THE RIGHT-HAND
SIDE -- THE R SQUARED IS CONSIDERABLY HIGHER THAN FOR
THE LINEAR REGRESSION.
THE NEXT TWO PAGES ARE FROM ONE OF MY CO-WORKERS
AT PTI IN BOSTON, LAURA DODGE MURPHY, AND IT'S
BASICALLY A THEORETICAL TREATMENT OF THE EFFECT OF
DR. HENRY VOLUME I PAGE 35
PARTICULATE CONCENTRATION ON CONCENTRATIONS OF
DISSOLVED METHYLMERCURY.
FOLLOWING THAT IS A GRAPH---
Q. THERE ARE TWO PAGES ON THAT?
A. YEAH, THERE ARE TWO PAGES FOR THAT TREATMENT.
FOLLOWING THAT IS A GRAPH, AGAIN, THEORETICAL IN THE
SENSE THAT WE MAKE ASSUMPTIONS OF METHYLMERCURY
CONCENTRATION, PARTICULATE CONCENTRATION AND PARTITION
CO-EFFICIENT. IT'S TITLED "METHYLMERCURY PARTITIONING
IN THE WATER COLUMN," AND WHAT IT'S ILLUSTRATING IS THE
DECREASE -- AS YOU INCREASE PARTICULATE CONCENTRATION
ON THE X-AXIS, YOU SEE A DECREASE IN METHYLMERCURY
CONCENTRATION ON PARTICLES.
Q. IS THIS HYPOTHETICAL?
A. THIS -- IT'S HYPOTHETICAL IN THE SENSE THAT
THESE POINTS ALONG THE CURVE ARE NOT DATA THAT WE'VE
COLLECTED AND ANALYZED. IT'S LESS THAN HYPOTHETICAL
BECAUSE WE USE -- WE DESIGNATE A TEN NANOGRAM PER LITER
CONCENTRATION FOR METHYLMERCURY WHICH IS FAIRLY
REASONABLE, AND WE USED PARTITION CO-EFFICIENTS WHICH
HAVE BEEN OBSERVED IN THE FIELD.
THE FOLLOWING PAGE ARE THE SPREADSHEETS THAT ARE
USED TO CREATE THE PREVIOUS GRAPH.
THE NEXT TWO PAGES ARE GRAPHS OF DISSOLVED
METHYLMERCURY -- WELL, THE FIRST PAGE IS DISSOLVED
DR. HENRY VOLUME I PAGE 36
METHYLMERCURY VERSUS DISSOLVED TOTAL PHOSPHORUS.
THAT'S THE TOP GRAPH. THESE ARE KBN DATA. THIS --
THIS PAGE IS THE BASIS FOR FIGURE 12 IN THE DRAFT
REPORT. THE BOTTOM GRAPH ON THAT PAGE IS FISH MERCURY
VERSUS DISSOLVED TOTAL PHOSPHORUS, AND THAT'S THE AGE
ZERO AND AGE ONE FISH FROM HOLEYLAND AND ENR.
ON THE FOLLOWING PAGE, I'VE ADDED THE FISH AND
GAME DATA FROM WCA-2A, AND THE TOP, I'VE PLOTTED FISH
MERCURY VERSUS DISSOLVED TOTAL PHOSPHORUS. AND THEN I
HAD REPLOTTED IT ON THE BOTTOM; THE DATA POINTS
CORRESPOND EXACTLY TO WHAT'S ABOVE. THE REASON FOR
DOING THAT IS THE -- TETRA TECH'S ESTIMATED PHOSPHORUS
CONCENTRATION FOR THAT PARTICULAR SITE WHERE THE FISH
AND GAME DATA WERE TAKEN IS IN TERMS OF TOTAL
PHOSPHORUS AND NOT DISSOLVED PHOSPHORUS. SO, THE TOP
GRAPH IS---
Q. DISSOLVED AND THE BOTTOM---
A. ---ACTUALLY INCORRECT, YEAH. AND---
Q. YOU'RE SAYING THAT THE DISSOLVED TOTAL
PHOSPHORUS IS INCORRECT; THIS GRAPH UP AT THE TOP?
A. IT'S INCORRECT WITH REGARDS TO THE WCA-2A
FISH. SO, THE TWO TOP DATA POINTS SHOULD BE AND WERE
REPLOTTED AGAINST TOTAL PHOSPHORUS.
Q. OKAY.
A. THE LAST THREE PAGES ARE COPIES OF THE KBN
DR. HENRY VOLUME I PAGE 37
DATA REPORT ON BIOLOGICAL SAMPLING, AND THESE ARE THE
DATA THAT WERE USED TO COME UP WITH THE ESTIMATED
LENGTH -- LENGTH MEASUREMENTS TO PREDICT THE MERCURY
CONCENTRATIONS IN THE FISH AND GAME DATA; AND I SHOULD
ALSO---
Q. THAT YOU USED FOR -- ON THE PRIOR PAGE ON
THE---
A. YES, YES.
Q. OKAY. ON THE PLOTTED REGRESSIONS?
A. YES. AND I SHOULD ADD THAT THE AGES THAT ARE
WRITTEN IN ON THE TABLES ON THE LAST THREE PAGES WERE
FROM A PRELIMINARY DRAFT OF AN AGE-DETERMINATION REPORT
PROVIDED BY KBN, AND I BELIEVE YOU'VE BEEN PROVIDED
WITH A COPY OF THAT.
Q. OF WHAT?
A. IT'S A REPORT -- A PRELIMINARY REPORT FROM KBN
ON AGE DETERMINATION OF THEIR SAMPLED FISH.
Q. OKAY. ALL RIGHTY. WHO PRODUCED THE GIS
LOCATION OF THE WARE 2-A SITE?
A. THIS WAS JOE, AND I THINK HIS LAST NAME IS
AUTBUTH FROM KBN. I ALSO DID IT ROUGHLY, JUST BY HAND,
LOOKING AT THE EPA CANAL SURVEY MAP THAT HAS THE
LATITUDES AND LONGITUDES, AND THEN THERE'S ALSO AN
ADDITIONAL DATA SHEET THAT HAS THE COORDINATES FOR EACH
OF THE CANAL STATIONS. AND SO, YOU CAN KIND OF BOX IN
DR. HENRY VOLUME I PAGE 38
WHERE THAT SITE WAS. BUT TO CONFIRM IT, I ASKED JOE
TO PRODUCE A KBN GRAPH -- OR A GIS PLOT.
Q. WHAT IS BIOACCUMULATION?
A. BIOACCUMULATION, IN GENERAL, REFERS TO A
PROCESS BY WHICH COMPOUNDS ARE TAKEN UP BY AN ORGANISM
AND HELD IN THE TISSUE SO THEY'RE NOT RELEASED VERY
EASILY, SO THEY, THEREFORE, ACCUMULATE. WHAT YOU TEND
TO SEE IF THAT'S EXTENDED OVER A FOOD CHAIN IS THAT
ORGANISMS AT HIGHER TROPHIC LEVELS -- THAT IS, IF YOU
COMPARE PLANKTON TO FISH THAT EAT PLANKTON TO FISH THAT
EAT FISH, YOU SEE INCREASING CONCENTRATIONS OF A
PARTICULAR COMPOUND AS YOU MOVE UP IN THE FOOD CHAIN,
UP THROUGH THE TROPHIC LEVELS.
Q. OKAY. DO YOU UNDERSTAND THE MECHANISMS --
CHEMICAL, BIOLOGICAL AND PHYSICAL -- INVOLVED IN
MERCURY BIOACCUMULATION IN BIOTA IN THE NORTHERN
RESERVOIRS THAT YOU'VE STUDIED?
MR. SAMS: OBJECT TO THE FORM.
A. I WOULD SAY I HAVE A GOOD UNDERSTANDING OF
THOSE CHARACTERISTICS THAT AFFECT BIOACCUMULATION.
Q. AND WHAT IS OCCURRING IN THE NORTHERN
RESERVOIRS; HOW DOES THEIR CHAIN WORK?
A. IN THE NORTHERN RESERVOIRS, IT'S BASICALLY THE
SAME AS WHAT YOU SEE -- OR, WHAT I JUST DESCRIBED. YOU
HAVE WHAT -- THE VERY BEGINNING OF THE FOOD CHAIN IS
DR. HENRY VOLUME I PAGE 39
USUALLY WITH PHYTOPLANKTON IN THOSE PARTICULAR SYSTEMS.
YOU GET METHYLMERCURY PARTITIONING INTO THE
PHYTOPLANKTON. IT'S NOT THOUGHT TO BE AN UPTAKE
PROCESS; IT'S MORE JUST A PARTITIONING AND---
Q. AND WHAT IS A PARTITIONING?
A. A PARTITIONING JUST IS -- IT'S LIKE A
REDISTRIBUTION. IF YOU HAVE A PHYTOPLANKTON HERE WITH
NO METHYLMERCURY, AND THEN YOU HAVE IT SURROUNDED BY
METHYLMERCURY, THE METHYLMERCURY WILL MOVE INTO THE
PHYTOPLANKTON, SO IT ENDS UP BEING AT ROUGHLY THE SAME
CONCENTRATION AS IN THE SURROUNDING WATER.
Q. OKAY.
A. AND IT ALSO MIGHT BE AT A HIGHER CONCENTRATION
THAN IN THE SURROUNDING WATER BECAUSE PHYTOPLANKTON,
LIKE MOST PARTICLES, TEND -- OR, METHYLMERCURY REACTS
QUITE STRONGLY WITH PLANKTON AND PARTICLES, AND SO YOU
TEND TO GET A HIGHER CONCENTRATION THAN IN SURROUNDING
WATER.
Q. OKAY. I THINK I CUT YOU OFF IN THE PROCESS.
A. OH, RIGHT. SO THAT'S THE FIRST STEP IN THE
FOOD CHAIN. AND THEN THE NEXT IS THE ZOOPLANKTON WHICH
EAT PHYTOPLANKTON; AND WHAT YOU SEE THERE IS A
PREFERENTIAL UPTAKE OF METHYLMERCURY OVER INORGANIC
MERCURY. AND THEN AS YOU MOVE UP TO THE PLANKTIVORES,
THE FISH THAT EAT PLANKTON, YOU SEE AGAIN METHYLMERCURY
DR. HENRY VOLUME I PAGE 40
ACCUMULATING PREFERENTIALLY. YOU END UP AT THE -- IN
FISH, YOU HAVE ABOUT -- OVER NINETY-FIVE PERCENT OF
YOUR MERCURY IS PRESENT AS METHYLMERCURY.
THERE'S ALSO A FOOD CHAIN THAT EXISTS IN SEDIMENTS
WHERE YOU GET METHYLMERCURY PARTITIONING, EITHER
PARTITIONING FROM PORE WATER OR BEING TAKEN UP -- IF
IT'S ABSORBED TO SEDIMENT PARTICLES OR TO DETRITUS --
TAKEN UP INTO THE BENTHIC MACROINVERTEBRATES, WHICH ARE
BASICALLY -- FOR EXAMPLE, WORMS THAT LIVE IN SEDIMENT;
AND THEN THOSE ORGANISMS ARE CONSUMED BY FISH THAT
ACTUALLY PREFER THOSE ORGANISMS. AND THE SAME SORT OF
PROCESS TAKES PLACE.
Q. IS THAT PROCESS TRANSFERABLE TO THE
EVERGLADES?
A. IN GENERAL, IT IS.
Q. THE SAME TYPES OF ORGANISMS AT EACH STAGE?
A. ONE DIFFERENCE, I THINK, IN THE EVERGLADES IS
THAT THE PERIPHYTON ARE A VERY IMPORTANT PART OF THE
FOOD CHAIN. AND PERIPHYTON ARE BASICALLY PLANKTON THAT
ARE ATTACHED TO SURFACES. IN SOME CASES, THE
PERIPHYTON MATS ARE FREE AND KIND OF FLOAT UP THROUGH
THE WATER BECAUSE OF OXYGEN BUBBLES. BUT OTHER THAN
THAT, THE -- YOU KNOW, THE SPECIES PROBABLY CHANGE
BETWEEN THE TWO DIFFERENT SYSTEMS, BUT IN GENERAL, THE
FOOD CHAINS WOULD BE SIMILAR.
DR. HENRY VOLUME I PAGE 41
Q. OKAY. DO YOU KNOW WHAT TRIGGERS THE
METHYLATION OF MERCURY IN THE NORTHERN RESERVOIRS?
A. I THINK I DISCUSSED THAT EARLIER, AND IT'S --
WE THINK IT'S ORGANIC CARBON AVAILABILITY. THERE'S
ALWAYS A POTENTIAL FOR MERCURY METHYLATION IN JUST
ABOUT ANY SYSTEM, BUT ADDITION OF CERTAIN FACTORS LIKE
ORGANIC CARBON MAY ENHANCE OR MAY TRIGGER OR START
METHYLATION GOING.
Q. IS IT PHOSPHORUS?
A. DID I SAY PHOSPHORUS?
Q. NO, YOU SAID ORGANIC -- YOU THINK IT'S ORGANIC
CARBON.
A. ORGANIC CARBON. IT -- IN THE NORTHERN
RESERVOIRS?
Q. UH-HUH (YES).
A. I DON'T THINK IT IS. MOST OF THOSE AREAS ARE
FAIRLY PRISTINE, SO YOU WOULDN'T EXPECT HIGH PHOSPHORUS
INPUTS.
Q. OKAY. HAVE YOU BEEN CONSULTED BY OTHERS FOR
YOUR ANALYSIS OF MERCURY PROBLEMS IN THE RESERVOIRS?
A. IN THE RESERVOIRS?
Q. UH-HUH (YES).
A. NOT IN THE RESERVOIRS IN PARTICULAR BUT,
CERTAINLY, ON MY UNDERSTANDING OF MERCURY CYCLING IN
THE ENVIRONMENT.
DR. HENRY VOLUME I PAGE 42
Q. BY WHOM HAVE YOU BEEN CONSULTED?
A. BY ALCOA, ALUMINUM COMPANY OF AMERICA.
Q. YOU, IN PARTICULAR, OR PTI?
A. PTI, AND I TEND TO BE THE PERSON THAT DEALS
WITH THE MERCURY CYCLING AS A -- AS A FOCUS PERSON,
ALTHOUGH WE HAVE A NUMBER OF OTHER PEOPLE THAT HAVE
MORE GENERAL EXPERTISE. THE ONONDAGA PROJECT IS ALLIED
SIGNAL, AND WE -- WE HAVE OTHER PROPOSALS IN THE WORKS,
BUT THOSE ARE THE TWO MAIN THINGS.
Q. THE TWO MAIN CONSULTING PROJECTS THAT YOU'RE
WORKING ON?
A. YEAH, THE TWO MAIN WHERE WE'VE -- WE'VE DONE
WORK FOR THEM.
Q. OKAY.
A. I ALSO TEND TO GET CALLS FROM MISCELLANEOUS
PEOPLE ABOUT QUESTIONS ABOUT MERCURY CYCLING, AND I
COULDN'T TELL YOU OFF THE TOP OF MY HEAD WHO THEY WERE,
BUT EITHER FROM ACADEMIA OR FROM ATTORNEYS THAT ARE
DEALING WITH MERCURY CYCLING CASES.
Q. OKAY. GENERALLY, WHERE ARE THOSE ATTORNEYS
FROM? I MEAN WHAT---
A. THIS ONE GROUP WAS FROM -- I THINK THIS WAS
OVER A YEAR AGO AND NOTHING CAME OF IT. I WAS
OVER-COMMITTED AT THE TIME. I THINK IT WAS UP IN
BOSTON. THE ATTORNEYS WERE IN BOSTON THAT DEALT WITH A
DR. HENRY VOLUME I PAGE 43
CASE IN MAINE ON RESERVOIR -- I'M JUST -- I'M RECALLING
FROM VAGUE MEMORY, BUT A RESERVOIR THAT HAD BEEN
IMPOUNDED A NUMBER OF YEARS AGO FOR A HYDROELECTRIC
PROJECT AND WAS EXPERIENCING ELEVATED MERCURY
CONCENTRATIONS IN FISH.
Q. BUT YOU DIDN'T TAKE THAT WORK ON?
A. NO, I DIDN'T EVEN SEE THE DATA. THIS IS ALL
BASED ON A CONVERSATION WITH AN ATTORNEY.
Q. WHAT OTHER ATTORNEYS HAVE CONSULTED YOU FOR
OTHER MATTERS?
A. I THINK THAT -- THAT'S THE ONLY ONE I CAN
THINK OF AT THIS POINT.
Q. OKAY. ARE YOU AWARE OF ANY WETLANDS,
EUTROPHIC, WHICH ARE EXPERIENCING INCREASED RATES OF
MERCURY METHYLATION?
A. EUTROPHIC WETLANDS IN PARTICULAR?
Q. UH-HUH (YES).
A. NO, NOT IN PARTICULAR; NOT EUTROPHIC WETLANDS.
I MEAN, THERE ARE VERY FEW DATA ON EUTROPHIC SYSTEMS IN
GENERAL -- LAKES, RESERVOIRS, WETLANDS -- AND I CAN'T,
OFF THE TOP OF MY HEAD, THINK OF ANY OTHER SITES. MOST
OF THE WETLAND SITES THAT HAVE BEEN STUDIED, AND THERE
ARE EVEN VERY FEW OF THOSE, ARE IN CANADA OR
SCANDINAVIA AND ARE PRISTINE OLIGOTROPHIC SYSTEMS IN
GENERAL.
DR. HENRY VOLUME I PAGE 44
Q. ARE YOU AWARE OF ANY EUTROPHIC WETLANDS WHICH
ARE EXPERIENCING INCREASED BIOACCUMULATION OF
METHYLMERCURY IN BIOTA?
A. AGAIN, I'D HAVE TO SAY THAT THERE JUST --
THERE'S JUST NO OR VERY, VERY FEW DATA AVAILABLE FROM
ANYWHERE IN THE WORLD ON EUTROPHIC WETLANDS IN
PARTICULAR. I THINK THERE'S SOME GENERAL
CHARACTERISTICS THAT CAN COME FROM THE STUDY OF LAKES
THAT CAN BE APPLIED TO WETLANDS WITH, YOU KNOW, SEVERAL
QUALIFICATIONS OR JUST HESITATIONS, BUT NOTHING IN
PARTICULAR THAT SPECIFICALLY ADDRESSES EUTROPHIC
WETLANDS.
Q. WHAT WOULD THOSE QUALIFICATIONS OR HESITATIONS
BE?
A. IN A WETLAND SYSTEM, YOU'RE TALKING ABOUT
JUST -- FOR EXAMPLE, IN THE EVERGLADES, A DIFFERENT
RETENTION TIME FOR WATER. THE WATER DEPTH IS PROBABLY
VERY LOW IN A WETLAND COMPARED TO A LAKE. YOUR -- YOU
KNOW, YOUR CHEMICAL PARAMETERS MAY VARY. YOUR GENERAL
-- WHAT'S HAPPENING IN THE FOOD CHAIN IS PROBABLY
SIMILAR BUT, YOU KNOW, THERE MAY BE SLIGHT VARIATIONS.
I THINK I'D BE HESITANT TO DIRECTLY APPLY LAKE
INFORMATION TO WETLANDS.
Q. ARE YOU AWARE OF ANY OLIGOTROPHIC WETLANDS
WHICH ARE EXPERIENCING INCREASED MERCURY METHYLATION?
DR. HENRY VOLUME I PAGE 45
A. THE PROBLEM WITH JUST LOOKING AT MERCURY
METHYLATION IS THERE HAVE BEEN VERY, VERY FEW STUDIES
ON RATES OF MERCURY METHYLATION IN THE ENVIRONMENT.
AND, THEREFORE, THERE ARE NO HISTORICAL DATA WITH WHICH
TO COMPARE TO SAY THAT THERE'S BEEN AN INCREASE IN
MERCURY METHYLATION.
Q. WELL, I GUESS -- WOULD YOUR ANSWER BE THE SAME
AS TO WHETHER YOU'RE AWARE OF ANY OLIGOTROPHIC WETLANDS
WHICH ARE EXPERIENCING INCREASED BIOACCUMULATION OF
METHYLMERCURY IN BIOTA?
A. PROBABLY -- LET'S SEE. THE DATA FROM
SCANDINAVIA AND SOME -- PERHAPS SOME DATA FROM CANADA
SUGGESTS THAT THE MERCURY CONCENTRATIONS OF FISH MAY BE
INCREASING. SOME OF THOSE AREAS ARE DOMINATED BY
WETLANDS, THEIR DRAINAGE SYSTEMS. BUT IT'S -- THERE'S
A PROBLEM WITH HISTORICAL DATA WHEN YOU'RE LOOKING AT
MERCURY GLOBALLY BECAUSE A LOT OF THESE SITES HAVE NOT
BEEN ANALYZED PREVIOUSLY, AND RESEARCHERS ARE GOING IN
AND FINDING WHAT LOOK LIKE ELEVATED CONCENTRATIONS BUT
THERE'S NO HISTORY. SO, IT'S HARD TO SAY IF THERE'S
ACTUALLY BEEN AN INCREASE OR NOT.
Q. IT COULD HAVE JUST ALWAYS BEEN THAT WAY?
A. POSSIBLY. THERE IS SOME EVIDENCE -- WELL,
THERE'S A GOOD DEAL OF EVIDENCE THAT SAYS THAT WE'VE
HAD INCREASED ATMOSPHERIC DEPOSITION OF MERCURY
DR. HENRY VOLUME I PAGE 46
GLOBALLY AND THAT THAT COULD LEAD TO AN INCREASE IN
MERCURY CONCENTRATIONS IN FISH. BUT THE HISTORICAL
DATA ON FISH TISSUE CONCENTRATIONS IS LIMITED.
Q. OKAY. HAVE YOU DONE ANY CONSULTATION
REGARDING METHYLMERCURY PRODUCTION IN THESE
OLIGOTROPHIC LAKES EVEN THOUGH IT'S---
A. ANY CONSULTATION?
Q. UH-HUH (YES). ANY CONSULTATION WORK OTHER
THAN, I GUESS, THE ALCOA PROJECT AND THE---
A. THE ONONDAGA ALLIED SIGNAL PROJECT. NO,
NOTHING THAT'S COME -- NOTHING THAT'S COME THROUGH PTI
THAT'S RESULTED IN A WORK PRODUCT.
Q. OKAY. WHAT'S THE DIFFERENCE BETWEEN AN
OLIGOTROPHIC AND A EUTROPHIC WATER SYSTEM?
A. THIS IS LIMNOLOGY 101. BASICALLY, IN
OLIGOTROPHIC VERSUS EUTROPHIC, YOU'RE LOOKING AT
NUTRIENT CONCENTRATION AND THE RESPONSE OF THE BIOTA TO
THE NUTRIENT CONCENTRATIONS. THAT'S THE GENERAL THEME.
IN AN OLIGOTROPHIC SYSTEM, IT'S GENERALLY THOUGHT TO BE
NUTRIENT-LIMITED. IN SOME CASES, THERE ARE DYSTROPHIC
SYSTEMS WHICH HAVE VERY HIGH D.O.C. CONCENTRATIONS, SO
THERE MAY BE OTHER THINGS THAT ARE LIMITING GROWTH.
BUT IN ANY CASE, YOU HAVE QUITE LOW PRIMARY
PRODUCTIVITY, WHICH MEANS THAT THE ALGAE OR THE
PLANKTON ARE NOT PRODUCING AS MUCH CARBON, OR FIXING AS
DR. HENRY VOLUME I PAGE 47
MUCH CARBON, AS THEY POTENTIALLY COULD.
SOME OF THE GENERAL CHARACTERISTICS OF
OLIGOTROPHIC SYSTEMS INCLUDE LOW NUTRIENT
CONCENTRATIONS, LOW SUSPENDED SOLIDS, LOW CONDUCTIVITY.
WE'LL LEAVE IT AT THAT.
EUTROPHIC SYSTEMS TEND TO HAVE MORE NUTRIENTS
AVAILABLE. THEREFORE, THEY HAVE HIGHER RATES OF
PRIMARY PRODUCTIVITY -- THAT'S THE PLANKTON, AND THEN
THE RESULT OF THAT IS HIGHER RATES OF SECONDARY
PRODUCTIVITY -- ORGANISMS THAT EAT UP THE FIRST GUYS.
YOU GET HIGHER CONCENTRATIONS OF AVAILABLE ORGANIC
CARBON, MORE BACTERIAL GROWTH. IN EXTREME CASES, YOU
GET -- YOU MAY GET REDUCED LEVELS OF DISSOLVED OXYGEN,
ANAEROBIC CONDITIONS, REDUCING CONDITIONS. THERE'S
A -- IT'S A WHOLE GRADATION.
Q. OKAY. WHAT'S THE DIFFERENCE BETWEEN A NATURAL
LAKE AND A RESERVOIR?
A. A RESERVOIR IS A BODY OF WATER CREATED BY
HUMANS. I WOULD SAY IF YOU DAM UP A RIVER, FOR
EXAMPLE, AND GET WATER BUILDING UP BEHIND IT, YOU THEN
HAVE A RESERVOIR OR A BODY OF WATER THAT DID NOT
PREVIOUSLY EXIST.
Q. OKAY. THE RESERVOIRS WHICH YOU'VE STUDIED OR
THAT YOU'VE MENTIONED PREVIOUSLY, WHAT ARE THEY USED
FOR?
DR. HENRY VOLUME I PAGE 48
A. QUABBIN RESERVOIR SUPPLIES THE WATER FOR THE
CITY OF BOSTON. IT WAS CONSTRUCTED IN THE FORTIES, I
THINK.
Q. OKAY. WHAT IS THE MORPHOLOGY OF A LAKE?
A. THERE'S -- IT'S A HUGE RANGE OF POSSIBILITIES
FOR LAKES.
Q. THE ONONDAGA LAKE.
A. ONONDAGA?
Q. ONONDAGA.
A. IT'S ONE OF THE SIX INDIAN NATIONS. ONONDAGA
LAKE? LET'S SEE, IT'S ABOUT FIVE MILES LONG AND A MILE
WIDE; THE DEEPEST POINT IS EIGHTEEN METERS; IT'S GOT,
KIND OF, TWO BASINS; IT'S A DRAINAGE LAKE. THERE ARE
PROBABLY FOUR, MAYBE FIVE, MAJOR TRIBUTARIES FEEDING
INTO THE LAKE.
Q. WHAT IS THE GENERAL MORPHOLOGY OF SUB-TROPICAL
WETLANDS?
A. FOR EXAMPLE, THE EVERGLADES?
Q. FOR EXAMPLE, THE EVERGLADES.
A. YEAH. THE EVERGLADES HAVE A -- LET'S SEE.
THERE'S NOT A BASIN AS YOU FIND IN A LAKE. USUALLY IN
A LAKE, YOU HAVE A BASIN WHERE YOU HAVE THE WATER THAT
COLLECTS.
IN THE EVERGLADES, THERE'S A -- IN TERMS OF
MORPHOLOGY, THERE'S JUST A WHOLE WIDE EXPANSE OF AREA
DR. HENRY VOLUME I PAGE 49
THAT DECREASES IN ELEVATION BY ONLY ABOUT TEN TO TWELVE
FEET AS YOU GO FROM LAKE OKEECHOBEE DOWN TO THE BOTTOM
OR THE SOUTHERN TIP OF FLORIDA. THERE'S -- THERE'S
SOME CHANGES IN ELEVATION; FOR EXAMPLE, WITHIN WCA-2A
WHERE YOU HAVE HIGHER LEVELS, ELEVATION LEVELS, THAN
OTHER AREAS.
THIS SYSTEM IS COMPLICATED BY THE CANALS THAT
CRISS-CROSS THROUGH THE WHOLE REGION, SO THAT THE WATER
TRANSPORT IS QUITE COMPLICATED AS TO, YOU KNOW, WHERE
THE WATER COMES FROM AND WHERE IT GOES TO.
I GUESS THE OTHER IMPORTANT CHARACTERISTIC IS THE
PEAT IN THE EVERGLADES THAT COVERS THAT EXPANSE.
Q. HOW IS THAT DIFFERENT, THE PEAT, FROM THE SOIL
THAT'S FOUND IN THE---
A. ONONDAGA?
Q. ---ONONDAGA?
A. ONONDAGA IS UNDERLAIN BY LIMESTONE, SO IT'S A
CALCAREOUS SOIL. IT'S A MINERAL SOIL; IT'S NOT AN
ORGANIC SOIL. PEAT IS PREDOMINANTLY ORGANIC. THE AREA
AROUND ONONDAGA IS PREDOMINANTLY MINERAL SOIL.
Q. OKAY. WELL, WHAT ARE THE CHARACTERISTICS OF
THE PEAT THAT'S FOUND IN THE EVERGLADES?
A. THE INTERESTING THING ABOUT THE EVERGLADES
PEAT IS IT'S NEAR NEUTRAL, UNLIKE A LOT OF THE PEAT
THAT'S FOUND IN THE NORTHERN PART OF THIS COUNTRY WHICH
DR. HENRY VOLUME I PAGE 50
IS ACIDIC. THAT WOULD PROBABLY BE THE ONE CHIEF
CHARACTERISTIC THAT I COULD TALK -- THAT I CAN MENTION.
Q. AND HOW DO THE DIFFERENCES, I GUESS IN THE
PEAT AND THE SOIL THAT'S FOUND IN THE EVERGLADES AFFECT
THE METHYLATION PROCESS?
A. THAT'S A GOOD QUESTION. IN -- THERE IS SOME
EVIDENCE THAT THERE CAN BE ABIOTIC METHYLATION. THE
FOCUS OF MY RESEARCH AND A LOT OF PEOPLE HAS BEEN ON
BIOLOGICAL METHYLATION OF MERCURY, BUT THERE IS SOME
EVIDENCE THAT THERE'S ABIOTIC METHYLATION THAT OCCURS.
A LOT OF TIMES YOU'LL SEE METHYLATION IN STERILE
CONDITIONS -- IN A LABORATORY---
Q. LAB.
A. ---UNDER STERILE CONDITIONS. AND WHAT'S
THOUGHT TO MEDIATE ABIOTIC METHYLATION IS HUMIC
MATERIAL, WHICH IS REFRACTORY ORGANIC MATERIAL SUCH AS
PEAT OR DISSOLVED ORGANIC CARBON; NOT THE AVAILABLE
ORGANIC CARBON THAT'S READILY DIGESTED BY MICROBES,
PER SE, BUT ORGANIC CARBON. FOR EXAMPLE, IF YOU HAVE A
BROWN WATER---
Q. UH-HUH (YES).
A. ---AND THOSE COMPOUNDS A LOT OF TIMES HAVE
METHYL GROUPS ATTACHED TO THEM AND, JUST BY A CHEMICAL
PROCESS, CAN METHYLATE MERCURY.
Q. DO YOU BELIEVE THAT THERE IS ABIOTIC
DR. HENRY VOLUME I PAGE 51
METHYLATION OCCURRING IN THE EVERGLADES?
A. I THINK THERE'S A STRONG POSSIBILITY THAT
THERE IS. THERE ARE NO DATA THAT I KNOW OF TO SUPPORT
THAT AT THIS POINT, BUT BASED ON THE LITERATURE AND MY
UNDERSTANDING OF THE CHARACTERISTICS IN THE EVERGLADES,
I'D SAY THERE'S A STRONG POSSIBILITY.
Q. OKAY. PRIOR TO YOUR INVOLVEMENT IN THIS
LITIGATION, HAVE YOU EVER STUDIED THE FLORIDA
EVERGLADES AQUATIC SYSTEM?
A. NO, I HAVEN'T.
Q. DO YOU KNOW WHAT KINDS OF ANIMALS ARE PRESENT
THROUGHOUT THE FLORIDA EVERGLADES?
A. IN -- I KNOW SOME IN GENERAL, AND THIS HAS ALL
BEEN MY CRASH COURSE IN THE LAST SIX WEEKS. SO, I KNOW
THERE'S QUITE A LARGE WADING-BIRD POPULATION, AND THEN
THERE ARE A NUMBER OF OTHER FISH-EATING MAMMALS,
RACCOONS, ALLIGATORS; AND THEN MOVING UP THE CHAIN,
PANTHERS -- JUST IN GENERAL TERMS; THAT'S PROBABLY
WHERE I'D LEAVE IT.
Q. DO YOU KNOW WHAT TYPES OF PLANTS, VEGETATION,
THERE ARE?
A. I'VE MOSTLY IN -- THE STUFF I'VE READ HAS
MOSTLY BEEN ON WHAT ARE CONSIDERED NUISANCE SPECIES.
IN THE SWIM DOCUMENT, THE CATTAILS; THE SAWGRASS, IT'S
MY UNDERSTANDING WAS MORE OF A HISTORICAL VEGETATION,
DR. HENRY VOLUME I PAGE 52
THE PREDOMINANT VEGETATION. I KNOW THERE HAVE BEEN
TREE ISLANDS THERE, AND THERE'S A, KIND OF, RELATIVE OF
THE EUCALYPTUS; I CAN'T THINK OF THE NAME, BUT A
NUISANCE SPECIES OF TREES THAT'S THOUGHT TO CAUSE SOME
PROBLEMS DOWN THERE.
Q. IN GENERAL TERMS, WHAT DO YOU REGARD AS THE
EXISTING MERCURY PROBLEM IN THE EVERGLADES?
A. THE MERCURY PROBLEM IS IDENTIFIED BY HIGH
CONCENTRATIONS OF MERCURY IN FISH, PRIMARILY; AND THE
REASON FOR THAT IS BOTH THE HUMAN HEALTH RISK AND THE
ECOLOGICAL RISK. AND IN FLORIDA, I THINK AT THIS
POINT, AT LEAST TWO MILLION ACRES IN THE EVERGLADES ARE
UNDER FISHING CONSUMPTION OR FISHING BANS, AND MOST OF
THOSE ADVISORIES ARE BASED ON HUMAN HEALTH RISKS OF
CONSUMING FISH CONTAINING METHYLMERCURY.
IN THE LAST FEW YEARS, THERE HAS BEEN MUCH MORE
INTEREST IN THE RISK TO WILDLIFE, AND I THINK THAT IS
SOMETHING THAT, ALTHOUGH SPECIFIC CRITERIA HAVE NOT YET
BEEN DEFINED, IT'S A -- IT'S A CRITICAL ISSUE,
ESPECIALLY FOR AN AREA AS LARGE AS THE EVERGLADES WHERE
YOU'RE SEEING A HUGE POPULATION OF WILDLIFE THAT ARE
POTENTIALLY CONSUMING THESE FISH.
Q. ARE THE FISH DISTRIBUTED THROUGHOUT THE
EVERGLADES OR RESTRICTED IN THE CANALS?
A. FROM THE DATA THAT I'VE LOOKED AT IN THE LAST
DR. HENRY VOLUME I PAGE 53
FEW WEEKS, MOST OF THE FISH SAMPLING HAS BEEN DONE IN
THE CANALS. THERE ARE VERY FEW SAMPLING LOCATIONS
WITHIN THE MARSHES. THERE HAS BEEN EXTENSIVE SAMPLING
IN FLORIDA, IN GENERAL, IN LAKES AND RIVERS, BUT WITHIN
THE EVERGLADES, IT'S -- THE FOCUS HAS REALLY BEEN ON
THE CANALS.
Q. OKAY. IS THERE AN INCREASED METHYLATION OF
MERCURY WITHIN THE EVERGLADES, JUST GENERALLY?
A. INCREASED OVER WHAT?
Q. INCREASED OVER -- WELL, YOU HAD SAID BEFORE
THAT YOU DON'T HAVE A LOT OF HISTORICAL DATA, SO YOU
DON'T KNOW WHAT THE LEVELS WERE BEFORE; BUT IF THERE IS
A MERCURY PROBLEM OR A METHYLMERCURY PROBLEM IN THE
FISH, HOW DO YOU -- WHAT INDICATORS OF THAT ARE THERE?
A. WELL, AN INDICATOR OF A METHYLMERCURY PROBLEM
IN FISH WOULD BE THE CONCENTRATIONS IN FISH ARE HIGHER
THAN WHAT THE STATE GOVERNMENT DEEMS AS ACCEPTABLE.
Q. OKAY. ARE THERE ANY OTHER INDICATORS?
A. INDICATORS THAT THERE IS A MERCURY PROBLEM, IS
IT?
Q. UH-HUH (YES).
A. I THINK THAT'S THE -- THAT'S THE CHIEF THING
THAT IS USED IN LOOKING AT ANY SITUATION, IS HOW IS
WHATEVER COMPOUND IMPACTING EITHER HUMAN HEALTH OR
WILDLIFE. AND IN THIS CASE, IN THE MERCURY CASE, IT'S
DR. HENRY VOLUME I PAGE 54
REALLY MERCURY CONCENTRATIONS IN THE FISH OR OTHER
ORGANISMS IN THE FOOD CHAIN THAT COULD BE IMPORTANT.
Q. AS COMPARED TO THE SAFETY FOR HUMANS?
A. NO, I WOULD SAY AS COMPARED TO MERCURY IN
WATER. MERCURY IN WATER IS GENERALLY NOT A PROBLEM AS
FAR AS DRINKING-WATER CONSUMPTION, AND THERE'S LITTLE
CORRELATION BETWEEN MERCURY IN WATER AND MERCURY IN
ORGANISMS. SO, YOU REALLY HAVE TO LOOK AT YOUR MERCURY
IN ORGANISMS IN ORDER TO EVALUATE WHETHER OR NOT
THERE'S A MERCURY PROBLEM. IN THE EVERGLADES THAT'S
BEEN DONE, AND IT DOES APPEAR THAT THERE'S AN EXTENSIVE
PROBLEM.
Q. OKAY. BECAUSE IT'S BASED ON DANGER FOR HUMAN
CONSUMPTION?
A. DANGER FOR HUMAN CONSUMPTION AND DANGER TO
WILDLIFE.
Q. AS ESTABLISHED BY PRE-SET LEVELS?
A. YEAH, THE HUMAN CONSUMPTION IS ESTABLISHED BY
PRE-SET LEVELS. THE WILDLIFE -- TO MY KNOWLEDGE, THERE
ARE PROPOSED CRITERIA IN THE WORKS, NOT FOR THE
EVERGLADES BUT FOR THE GREAT LAKES, THAT WOULD ADDRESS
RISK TO WILDLIFE; BUT AS YET, THERE ARE NO CRITERIA FOR
THE EVERGLADES.
Q. OKAY. WHAT ARE THE INDICATORS OF
BIOACCUMULATION OF METHYLMERCURY?
DR. HENRY VOLUME I PAGE 55
A. I WOULD SAY THE INDICATOR OF BIOACCUMULATION
IS YOU LOOK AT THE METHYLMERCURY CONCENTRATION IN THE
ORGANISM.
Q. AS YOU GO UP THE TROPHIC LEVELS?
A. UH-HUH (YES).
Q. ARE YOU FAMILIAR WITH THE HYDROLOGY OF THE
EVERGLADES?
A. I AM SOMEWHAT FAMILIAR, AS FAMILIAR AS I CAN
BE, IN JUST GETTING INVOLVED IN THE LAST FEW WEEKS WITH
THE HYDROLOGY.
Q. WHAT'S YOUR UNDERSTANDING OF THE HYDROLOGY
WITHIN THE EVERGLADES?
A. MY UNDERSTANDING OF HYDROLOGY IN THE
EVERGLADES IS THERE'S GENERALLY A NORTH-TO-SOUTH FLOW.
THERE'S WATER THAT COMES OFF OF DRAINAGE FROM THE
AGRICULTURAL AREA; ALSO, YOU KNOW, DRAINAGE FROM
MARSHES. IT'S ROOTED BECAUSE OF THE CANALS AND A
PRETTY COMPLEX ARRAY OF STRUCTURES WITHIN ANY
PARTICULAR AREA. FOR EXAMPLE, IN WCA-2A, THERE ARE
AREAS WHERE YOU GET SIGNIFICANT WATERFLOW. USUALLY
THOSE AREAS ARE VERY CLOSE TO THE CANALS COMPARED TO
OTHER AREAS, IN THAT CASE, INLAND, WHERE YOU MAY NOT
GET AS MUCH WATER FLOWING THROUGH.
LET ME THINK. THERE'S SIGNIFICANT PRECIPITATION
IN THIS AREA. SO, AS I UNDERSTAND IT, ANY SINGLE WATER
DR. HENRY VOLUME I PAGE 56
MOLECULE THAT STARTS OUT ON THE SHORES OF
LAKE OKEECHOBEE DOES NOT END UP IN THE -- OFF THE COAST
OF FLORIDA. IT'S REGENERATED BY PRECIPITATION.
AND, ALSO, THE -- I JUST -- I MEAN, IN GEN -- THE
FLOW RATE IS QUITE SLOW. IT TAKES A LONG TIME FOR
WATER TO GET FROM UP BY THE SHORES OF LAKE OKEECHOBEE
ALL THE WAY DOWN TO THE BOTTOM OF FLORIDA.
MR. SAMS: MAY I INQUIRE WHETHER NOW WOULD BE
A SUITABLE TIME TO BREAK IN YOUR QUESTIONING OR
WHETHER---
WITNESS: YEAH, THAT WOULD BE NICE.
MR. SAMS: IF YOU'D LIKE A BREAK?
WITNESS: YEAH, I COULD USE THE BATHROOM.
MS. HOGAN: WE CAN TAKE A BREAK.
(THEREUPON, A BREAK WAS TAKEN
FROM 10:33 A.M. TO 10:45 A.M.)
EXAMINATION BY MS. HOGAN CONTINUES:
Q. DR. HENRY, HAVE YOU EVER BEEN TO THE
EVERGLADES?
A. NO, I HAVEN'T.
Q. WHAT'S THE DIFFERENCE BETWEEN MERCURY AND
METHYLMERCURY?
A. DEPENDING ON WHO'S USING IT AND HOW IT'S BEING
USED, I TEND TO USE JUST MERCURY TO MEAN TOTAL MERCURY.
AND TOTAL MERCURY INVOLVES -- IT INCLUDES
DR. HENRY VOLUME I PAGE 57
METHYLMERCURY. AND METHYLMERCURY IS SPECIFICALLY
CH3HG+. IT'S A VERY SPECIFIC COMPOUND.
Q. YOU'RE SAYING THAT TOTAL MERCURY CONSISTS OF
METHYLMERCURY?
A. PLUS OTHER MERCURY FORMS.
Q. OKAY. WHAT IS METHYLATION?
A. METHYLATION IS THE ADDITION OF A METHYL GROUP,
CH3-, TO MERCURIC ION TO PRODUCE METHYLMERCURY -- IF
IT'S MERCURY THAT'S BEING METHYLATED.
Q. WHAT IS THE CHEMICAL PROCESSES -- NO. YEAH.
WHAT CHEMICAL PROCESSES ARE INVOLVED IN THE METHYLATION
OF MERCURY?
A. CHEMICAL PROCESSES IN THE SPECIFIC REACTION?
Q. YES.
A. IT -- IT'S SIMPLY ADDITION OF A METHYL GROUP
TO THE MERCURIC ION. THERE'S NOTHING THAT'S GETTING
TRANSFORMED. I MEAN, YOU'RE PUTTING TWO SPECIES
TOGETHER TO CREATE A THIRD.
Q. ALL RIGHT. WHAT ARE THE MECHANISMS NEEDED FOR
BIOTA TO TAKE UP OR BIOACCUMULATE METHYLMERCURY?
A. IT DEPENDS ON WHICH ORGANISMS YOU'RE TALKING
ABOUT. IF -- AT THE LOWER LEVELS OF THE FOOD CHAIN
WHEN YOU'RE LOOKING AT PLANKTON, AS I DESCRIBED
EARLIER, IT'S A SIMPLE PARTITIONING WHERE MERCURY
EITHER -- MOST LIKELY JUST SORBS TO THE SURFACE, BINDS
TO THE SURFACE OF THE ORGANISM. AT HIGHER TROPHIC
DR. HENRY VOLUME I PAGE 58
LEVELS -- FOR EXAMPLE, WITH FISH, THE PRIMARY INPUT OF
MERCURY IS THROUGH THE DIET, SO THE FISH IS CONSUMING
OTHER ORGANISMS THAT CONTAIN METHYLMERCURY. AND AS
THAT FOOD IS DIGESTED, THE METHYLMERCURY PASSES INTO
THE PREDATOR'S BODY.
Q. OKAY. CAN BIOTA BIOACCUMULATE MERCURY PRIOR
TO METHYLATION?
A. AGAIN, DEPENDING ON THE ORGANISM, PLANKTON
WILL SORB INORGANIC MERCURY FROM SOLUTION OR FROM THE
WATER. THEY -- THEY WILL. OTHER ORGANISMS, THERE'S
PROBABLY SOME SLIGHT OR VERY LOW CONCENTRATION OF
INORGANIC MERCURY IN OTHER ORGANISMS, BUT IT'S NOT
PREFERENTIALLY ACCUMULATED AS IS METHYLMERCURY.
Q. OKAY. WHAT ABOUT FOR PERIPHYTON? DO YOU KNOW
HOW THEY BIOACCUMULATE?
A. PERIPHYTON IS A REAL MIX OF ORGANISMS. I
THINK IT INCLUDES PLANKTON, AND SOME PEOPLE ALSO BULK
IN THERE SOME OF THE INVERTEBRATES. SO, AGAIN, IT
WOULD DEPEND. IF IT'S A -- THE REASON I DISTINGUISH IS
WITH PHYTOPLANKTON, YOU -- THESE ORGANISMS ARE NOT
CONSUMING ANYTHING. THEY'RE BASICALLY LITTLE
ONE-CELLED PLANTS, AND SO THEY HAVE NO MECHANISM FOR
EATING. SO, THE WAY METHYLMERCURY GETS IN THERE IS
JUST SORPTION TO THE CELL SURFACE OR SOMEHOW GETTING
INSIDE THE CELL. ORGANISMS THAT CAN EAT THINGS OR
DR. HENRY VOLUME I PAGE 59
INGEST THINGS, THAT'S THE MORE LIKELY ROUTE THAT
METHYLMERCURY WILL GET INTO THE ORGANISM.
Q. OKAY. WHAT IS DEMETHYLATION?
A. DEMETHYLATION, SPECIFICALLY, IS THE REMOVAL OF
THE METHYL GROUP FROM METHYLMERCURY, IF WE'RE TALKING
ABOUT METHYLMERCURY.
Q. AND, I GUESS, WHAT CHEMICAL PROCESSES OR
MECHANISMS ARE INVOLVED IN DEMETHYLATION?
A. THERE -- WELL, LET'S SEE, CHEMICAL PROCESSES.
THERE -- A LOT OF -- THERE'S A LOT OF EVIDENCE ABOUT
BIOLOGICAL PROCESSES FOR DEMETHYLATION WHERE IT'S
MEDIATED BY BACTERIA. AS FAR AS CHEMICAL PROCESSES ON
DEMETHYLATION, THAT'S KIND OF A BLANK BOOK AT THIS
POINT, AS FAR AS THE UNDERSTANDING IN THE MERCURY
COMMUNITY. THERE -- THERE SEEMS TO BE A FAIRLY HIGH
AMOUNT OF ABIOTIC DEMETHYLATION OCCURRING, BUT THE
EXACT CHEMICAL MECHANISM HAS NOT BEEN DEFINED.
Q. WHAT'S THE BIOLOGICAL MECHANISM THAT'S
OCCURRING?
A. THE BIOLOGICAL MECHANISM IS USUALLY BACTERIA
WILL TAKE METHYLMERCURY INTO THEIR CELLS AND THEN,
INSIDE THE CELL, WILL REMOVE THE METHYL GROUP FROM
METHYLMERCURY. AND THEN IN SOME CASES, THE SAME
ORGANISM WILL ALSO REDUCE THE MERCURIC ION TO ELEMENTAL
MERCURY AND CONVERT THE METHYL GROUP TO METHANE, BUT
DR. HENRY VOLUME I PAGE 60
THAT'S NOT THE CASE WITH ALL ORGANISMS. BUT IT'S
USUALLY AN INTRA-CELLULAR PROCESS; IT OCCURS INSIDE THE
CELL.
Q. OKAY. ARE THE FOREGOING PROCESSES THE SAME IN
EVERY AQUATIC ENVIRONMENT?
MR. SAMS: OBJECT TO THE FORM.
A. I THINK THAT THE PROCESSES WOULD BE -- I'D SAY
THEY'D BE ABOUT THE SAME, BUT THE RELATIVE IMPORTANCE
OF EACH PROCESS IS GOING TO VARY FROM SITE TO SITE,
WHETHER IT'S ABIOTIC OR BIOTIC METHYLATION OR WHETHER
METHYLATION IS GREATER THAN DEMETHYLATION. THAT'S
GOING TO VARY EVEN WITHIN ONE SITE BETWEEN THE WATER
COLUMN AND THE SEDIMENT OR WHATEVER.
Q. IS THERE GREAT VARIABILITY IN THE PROCESSES AS
COMPARED TO THE ONONDAGA LAKE AND WHAT GOES ON IN THE
EVERGLADES?
A. DO YOU MEAN RATES OF PROCESSES, DEFINITION OF
PROCESSES?
Q. UH-HUH (YES).
A. BOTH?
Q. UH-HUH (YES).
A. WE HAVE MEASUREMENTS FOR METHYLATION RATES IN
ONONDAGA. AS I SAID BEFORE, THERE ARE NO MEASUREMENTS
IN THE EVERGLADES FOR METHYLATION RATES; SO, I CAN
INFER FROM THE SCIENTIFIC LITERATURE WHAT MAY OCCUR,
DR. HENRY VOLUME I PAGE 61
AND OTHER PEOPLE MAY DO THAT, ALSO. BUT AS YET, I
HAVEN'T SEEN ANY DATA THAT SPECIFICALLY ANALYZE RATES
OF METHYLMERCURY PRODUCTION IN THE EVERGLADES.
Q. DO YOU EXPECT THEM TO BE DIFFERENT?
A. I THINK IT'S A LITTLE EARLY TO SPECULATE. THE
ONE FACTOR THAT I MIGHT LOOK AT IS TEMPERATURE. IF YOU
LOOK OVER A WHOLE YEAR, ONONDAGA'S UNDER ICE COVER FOR
ABOUT FOUR MONTHS, AND YOU USUALLY SEE ELEVATED
METHYLATION RATES AT HIGHER TEMPERATURES, SO YOU SEE
YOUR PEAK IN ONONDAGA WITH METHYLMERCURY IN LATE
SUMMER.
IN THE EVERGLADES, WHERE YOU HAVE HIGHER
TEMPERATURES YEAR-ROUND, THAT MAY ENHANCE METHYLATION;
BUT AS TO WHETHER IT'S GREATER OR LESS THAN ONONDAGA,
THAT'S NOT CLEAR.
I SHOULD SAY THAT I HAVE SEEN THE PRELIMINARY
EXPERIMENTS -- OR, RESULTS OF PRELIMINARY EXPERIMENTS
BY TAMAR BARKAY FROM EPA GULF BREEZE, AND THOSE ARE THE
ONLY DATA I'VE SEEN ON LOOKING AT RATES OF METHYLATION
AND DEMETHYLATION IN EVERGLADE SAMPLES.
Q. DO YOU KNOW WHAT THE SOURCES OF MERCURY ARE IN
THE EVERGLADES?
A. I CAN'T SAY THAT I KNOW. I DON'T THINK ANYONE
CAN SAY THAT THEY KNOW WHAT THE SOURCES ARE. THERE'S
CERTAINLY A NUMBER OF DIFFERENT POSSIBILITIES.
DR. HENRY VOLUME I PAGE 62
Q. WHAT POSSIBILITIES ARE YOU AWARE OF?
A. I THINK THE FIRST I'D MENTION WOULD BE
ATMOSPHERIC DEPOSITION. SECOND WOULD BE METHYLATION
THAT'S OCCURRING THROUGHOUT THE EVERGLADES IN EITHER
WATER COLUMN OR SEDIMENTS. DID YOU SAY SOURCES OF
METHYLMERCURY OR TOTAL MERCURY?
Q. TOTAL MERCURY.
A. TOTAL MERCURY. TOTAL MERCURY. THERE'S --
TOTAL MERCURY TENDS TO BIND WITH ORGANIC CARBON IN
SOILS AND SEDIMENTS, SO EVEN WITH ATMOSPHERIC
DEPOSITION, AT BACKGROUND LEVELS, YOU'RE GOING TO GET
AN ACCUMULATION OF MERCURY IN SOILS AND PEAT AND
SEDIMENTS. AND SO, YOU MIGHT THINK OF THE SOILS OR
SEDIMENTS AS A SECONDARY SOURCE OF MERCURY, TOTAL
MERCURY.
Q. WHAT ABOUT NUTRIENT ENRICHMENT AS A SOURCE?
A. NUTRIENT ENRICHMENT AS A SOURCE OF TOTAL
MERCURY?
Q. UH-HUH (YES).
A. AGAIN, I HAVEN'T SEEN ANY DATA THAT WOULD
EITHER SUPPORT OR NOT SUPPORT THAT IDEA. THERE -- I
KNOW THERE'S BEEN A SUGGESTION THAT AS YOU OXIDIZE
PEAT, YOU'LL GET MERCURY MOBILIZED, WHICH MAKES SENSE
TO ME. SO, THAT MAY BE ONE WAY THAT MERCURY GETS
RELEASED. BUT, AGAIN, YOU KNOW, AS TO HOW FAR IT
DR. HENRY VOLUME I PAGE 63
TRAVELS OR WHAT THE FATE OF IT IS ONCE IT'S ACTUALLY
RELEASED FROM THE PEAT, I WOULDN'T WANT TO SPECULATE.
Q. WHAT ABOUT ALLIGATOR HOLES?
A. ALLIGATOR HOLES, FROM MY READING---
MR. SAMS: LET ME JUST OBJECT TO THE FORM OF
THE QUESTION.
A. OKAY. WHAT ABOUT ALLIGATOR HOLES?
Q. ARE THEY A SOURCE OF TOTAL MERCURY?
A. OF TOTAL MERCURY? FROM THE -- FROM THE LITTLE
I KNOW ABOUT ALLIGATOR HOLES, I WOULD GUESS NO; BUT I
DON'T KNOW MUCH ABOUT ALLIGATOR HOLES.
Q. DO YOU KNOW WHAT THE SOURCES OF METHYLMERCURY
COULD BE?
A. TO THE EVERGLADES?
Q. UH-HUH (YES).
A. AGAIN, I DON'T THINK I COULD SAY WITH
CERTAINTY, NOR DO I THINK ANYONE COULD SAY WITH
CERTAINTY WHAT THE SOURCES OF METHYLMERCURY ARE TO THE
EVERGLADES. POSSIBLE SOURCES INCLUDE ATMOSPHERIC
DEPOSITION AND METHYLATION OF MERCURY THROUGHOUT THE
EVERGLADES.
Q. WHAT ABOUT OXYGEN LEVELS?
A. WHAT ABOUT---
MR. SAMS: OBJECT TO THE FORM AGAIN.
Q. (BY MS. HOGAN) OKAY. WHAT ABOUT DISSOLVED
DR. HENRY VOLUME I PAGE 64
ORGANIC MATTER?
A. WHAT'S THE WHOLE QUESTION? I'M NOT QUITE SURE
WHAT YOUR---
Q. WHAT ARE POSSIBLE SOURCES -- HAVE YOU THOUGHT
OF WHAT POSSIBLE SOURCES OF METHYLMERCURY ARE---
A. UH-HUH (YES).
Q. ---WITHIN THE EVERGLADES?
A. UH-HUH (YES).
Q. AND YOU'VE IDENTIFIED ATMOSPHERIC
DEPOSITION---
A. UH-HUH (YES).
Q. ---AND ONE OTHER THING.
A. YEAH, METHYLATION THROUGHOUT THE EVERGLADES.
Q. DO YOU KNOW OF ANY OTHER POSSIBLE SOURCES OF
METHYLMERCURY? HAVE YOU THOUGHT ABOUT THAT?
A. NO, I'D LEAVE IT AT THAT. I MEAN, I THINK THE
RATES OF METHYLMERCURY PRODUCTION MAY VARY WITHIN THE
EVERGLADES, BUT I THINK IT MOST LIKELY OCCURS
THROUGHOUT THE EVERGLADES.
Q. WHAT IS THE USUAL EFFECT OF FLOODED SOILS ON
MERCURY METHYLATION?
A. FLOODED SOILS IN THE SENSE OF NORTHERN
RESERVOIRS WHERE YOU'RE TALKING ABOUT A FAIRLY LONG
RETENTION TIME AND A FAIRLY DEEP WATER DEPTH -- NOW I
FORGOT THE SECOND HALF OF THE QUESTION. WAS IT EFFECT
DR. HENRY VOLUME I PAGE 65
ON---
Q. MERCURY METHYLATION.
A. ---METHYLATION? I'M JUST -- THE THING IS,
THERE HAVEN'T BEEN -- THERE HASN'T BEEN RESEARCH THAT
DOCUMENTS RATES OF METHYLMERCURY METHYLATION, AND WHAT
PEOPLE HAVE LOOKED AT IS METHYLMERCURY IN FISH AS AN
INDICATOR OF, AND THEN GONE BACK AND SAID THAT IMPLIES
THAT THERE ARE INCREASED RATES OF MERCURY METHYLATION
UNDER FLOODED CONDITIONS. THE ONLY RESEARCH THAT I'M
AWARE THAT'S SPECIFICALLY ADDRESSING THAT IS JOHN RUDD
AND VINCE ST. LOUIS IN CANADA, AND I DON'T THINK HIS
DATA ARE -- THEY CERTAINLY HAVEN'T BEEN PUBLISHED YET,
AND I HAVEN'T DISCUSSED IT WITH THEM.
Q. WHAT IS YOUR OPINION AS TO WHAT THE EFFECT OF
FLOODED SOILS ON METHYL -- EXCUSE ME -- ON MERCURY
METHYLATION IS IN THE EVERGLADES?
A. FLOODED SOILS IN GENERAL? I THINK A LOT OF
THE EVERGLADES CONSISTS OF FLOODED SOILS, AND MY
OPINION IS THAT THERE IS A BACKGROUND RATE OF MERCURY
METHYLATION THAT OCCURS THROUGHOUT THE EVERGLADES.
Q. WOULD YOU EXPECT TO SEE THE EFFECT OF FLOODED
SOILS TO BE DIFFERENT IN THE LAKES WHICH YOU HAVE
STUDIED AS COMPARED TO THE EVERGLADES PEAT?
A. CAN YOU RESTATE IT? IT FEELS A LITTLE
SLIPPERY TO ME.
DR. HENRY VOLUME I PAGE 66
Q. OKAY. WELL, I'LL TRY TO RESTATE IT. IF
THERE'S A CHEMICAL PROCESS OR A BIOLOGICAL PROCESS THAT