USDOL/OALJ Nuclear and Environmental Whistleblower Digest

XV. Miscellaneous definitions

A. Appendix R

B. Ambient air

C. Chemical compounds

D. Condition Adverse to Quality Report (CAQR)

E. Government Accountability Project

F. Milliroentgen

G. Nonconformance report

H. Outage

I. Pollutants (FWPCA)

J. Resource Conservation Recovery Act

K. Other

XV A Appendix R

Appendix R is an appendix to the Nuclear Regulatory Commission (NRC) regulations on the construction and operation of nuclear power plants, 10 C.F.R. Part 50 (1992) dealing with fire protection.

Bartlik v. Tennessee Valley Authority, 88-ERA-15 (Sec'y June 24, 1992), slip op. at 6 n.4.

XV B Definition of ambient air

The CAA seeks to prevent and control air pollution by regulating emissions into the atmosphere.

A purpose of the CAA air quality and emission limitations is "to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population." 42 U.S.C. § 7401(b)(1) (1988).

CAA regulations establish ambient

Ambient air is "that portion of the atmosphere, external to buildings, to which the general public has access." 40 C.F.R. § 50.1(e) (1991).

air quality standards for sulfur oxides, particulate matter, carbon monoxide, ozone, nitrogen dioxide, and lead. 40 C.F.R. Part 50 (1991). Hazardous air pollutants, including asbestos, also are regulated. 40 C.F.R. part 61 (1991).

Scerbo v. Consolidated Edison Co. of New York, Inc., 89-CAA-2 (Sec'y Nov. 13, 1992).

XV C Chemical compounds

See XV K for definitions of miscellaneous chemical compounds.

XV D Condition Adverse to Quality Report

A "Condition Adverse to Quality Report" (CAQR) is used by some respondents to document any serious deficiencies in its nuclear program that can impact safety.

Bartlik v. Tennessee Valley Authority, 88-ERA-15 (Sec'y June 24, 1992), slip op. at 5 n.3.

XV E GAP defined by Secretary as a non-profit, public interest law organization

In Aurich v. Consolidated Edison Co. of New York, Inc., 86-CAA-2 (Sec'y Apr. 23, 1987) (remand order), the Secretary permitted the Government Accountability Project (GAP), a private, non-profit, public interest law organization, to file an amicus curiae brief under the authority of 29 C.F.R. § 18.12.

XV F Definition of millirogentgen

A millirogentgen is a unit of measurement of radiation. 1,000 milliroentgens equals one rem or one roentgen. Colonello v. Dick Corp., 80-ERA-2 (ALJ Aug. 1, 1980), adopted (Sec'y Oct. 23, 1980) (in that case there was testimony that an employee could safely receive up to 3 rems per quarter and as much as 12 rems per year with permission from RADCON experts depending on the age of the person exposed).

XV G Definitions: noncomformance report (NCR)

An nonconformance report (NCR) is a "routine internal report" by which a field quality control inspector notes a condition that either appears not to conform to applicable construction specifications or to which specifications the fact of degree of compliance is indeterminant. Brown & Root, Inc. v. Donovan, 747 F.2d 1029 (5th Cir. 1984).

XV H Definition of scheduled outage

A scheduled outage at a nuclear power plant involving defueling and refueling of the reactor. It is a time during which workers make repairs and modifications to the plant, and is a period of increased employment. Tritt v. Fluor Constructors, Inc., 88-ERA-29 (Sec'y Aug. 25, 1993); to the same effect Pillow v. Bechtel Construction, Inc., 87-ERA-35 (Sec'y July 19, 1993).

XV I Definition of pollutant; coverage of FWPCA

The FWPCA governs the discharge into water of pollutants, including oil. See 33 U.S.C. § 1321(b)(3). Adams v. Coastal Production Operators, Inc., 89- ERA-3 (Sec'y Aug. 5, 1992).

[Editor's note: Adams v. Coastal Production Operators, Inc., 89-ERA-3, did not arise under the Energy Reorganization Act, although the OALJ gave it an "ERA" docket number. It was actually a Federal Water Pollution Control Act case.]


The SWDA also is known as the Resource Conservation and Recovery Act, or RCRA. See 42 U.S.C. § 6901 Short Title.

Dodd v. Polysar Latex, 88-SWD-4 (Sec'y Sept. 22, 1994).

XV J Resource Conservation Recovery Act = Solid Waste Disposal Act

The Resource Conservation Recovery Act is another name for the Solid Waste Disposal Act, 42 U.S.C. § 6971 (1988). See Helmstetter v. Pacific Gas & Electric Co., 91-TSC- 1 (Sec'y Jan. 13, 1993).

XV K Acetone; xylene; chromic acid; methyl ethyl ketone

Acetone and xylene are hazardous due to their ignitability; chromic acid is hazardous due to toxicity; methyl ethyl ketone (MEK) is both ignitable and toxic. Williams v. TIW Fabrication & Machining, Inc., 88-SWD-3 (Sec'y June 24, 1992).

[Nuclear & Environmental Digest XV K]

In Jones v. EG & G Defense Materials, Inc. ,1995-CAA-3, slip op. at 13 (ARB Sept. 29, 1998), the ARB took judicial notice that hydrogen is a highly flammable gas.

XV K Definition of PCBs

Polychlorinated biphenyls (PCBs) are nonflammable liquids that are highly resistent to electrical current. These related chlorinated hydrocarbon chemicals are used to fill electrical devices such as transformers to aid in the storage of electrical charge. PCBs are extremely toxic to humans and wildlife, posing carcinogenic and other health risks to humans. [citations omitted].

Johnson v. Old Dominion Security, 86-CAA-3, 4 and 5 (Sec'y May 29, 1991).