Re: Browner vs. Jackson

[Floyd Galpin <fgalpin@compuserve.com>]

     Just to set the legal record straight, in response to the item from
George Cicotte on Browner vs Jackson: 

     CERCLA does not exclude source, special nuclear, and by-product
materials.  RCRA does exclude these materials, and things controlled under
the
Atomic Energy Act, except where there are no inconsistencies, (a phrase
that
has created a major problem ala mixed waste).  

     There are presently many remedial actions dealing with source, special
nuclear, and by-product materials being carried out under CERCLA (Super
Fund). Most of these are at DOE or Defense facilities.  In the past the EPA
has taken the administrative position that NRC licensed sites can be left
to NRC.  What Browner is threatening is that this may no longer be the case
if NRC persists on the path they are going.