NUCLEAR LOOPHOLES

[Vernon Brechin <vbrechin@igc.org>]

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 SUPERFUND* Excerpts

 The Comprensive Environmental Response, Compensation,
 and Liability Act of 1980 (Superfund) (P.L. 96-510)
 as amended by
 The Superfund Amendments and Reauthorization Act 
 of 1986 (P.L. 99-499)
 CERCLA/SARA

* Note: Due to limited financial resources allocated for 
 U.S. environmental cleanup programs, only a small 
 percentage of formal and informal CERCLA/SARA 
 sites are proposed for placement on the U.S. 
 Environmental Protection Agencies' National 
 Priorities List (NPL). NPL sites are considered 
 to be those sites which pose the most serious 
 threat to man's immediate environment. The 
 sites which make it to the NPL are often referred 
 to as Superfund sites. The U.S. Environmental
 Protection Agency (EPA) was given the primary
 responsibility for managing the Superfund
 program.

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 UNITED STATES CODE

 1988 EDITION

 Containing the General and Permanent Laws of the 
 United States, In Force on January 3, 1989

 VOLUME SEVENTEEN
 TITLE 42--THE PUBLIC HEALTH AND WELFARE

Chapter 103, COMPREHENSIVE ENVIRONMENTAL RESPONSE,
 COMPENSATION AND LIABILITY

Sections 9601 to 9675., starting on page 844.

SUBCHAPTER I--HAZARDOUS SUBSTANCES RELEASES, LIABILITY, 
 COMPENSATION

 Section 9601. Definitions

 For purpose of this subchapter--

 ...(10) The term "federally permitted release" means 
 ...(K) any release of source, special nuclear, 
 or byproduct material, as those terms are defined in 
 the Atomic Energy Act of 1954 [42 U.S.C. 2011 et seq.],
 in compliance with a legally enforceable license,
 permit, regulation, or order issued pursuant to the 
 Atomic Energy Act of 1954.

 ...(22) The term "release" means 
 any spilling, leaking, pumping, pouring, emitting, 
 emptying, discharging, injecting, escaping, leaching, 
 dumping, or disposing into the environment (including 
 the abandonment or discarding of barrels, containers, 
 and other closed receptacles containing any hazardous
 substance or pollutant or contaminant),
 but excludes
 ...(C) release of source, byproduct, or special
 nuclear material from a nuclear incident, as those 
 terms are defined in the Atomic Energy Act of 1954 
 [42 U.S.C. 2011 et seq.],...

 Section 9620. Federal facilities

 (j) National Security

 ...(2) Classified information

 Notwithstanding any other provision of law, all 
 requirements of the Atomic Energy Act [42 U.S.C. 
 2011 et seq.] and all Executive orders concerning the 
 handling of restricted data and national security 
 information, including "need to know" requirements, 
 shall be applicable to any grant of access to 
 classified information under the provisions of this 
 chapter or under title III of the Superfund 
 Amendments and Reauthorization Act of 1986 [42 U.S.C. 
 11001 et seq.].

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 Reference

 U.S. Code, 1988 Edition, Volume 16, Title 42

Chapter 23, DEVELOPMENT AND CONTROL OF ATOMIC ENERGY
 (Atomic Energy Act of 1954) [42 U.S.C. 2011 et seq.]

Sections 2011 to 2296., starting on page 438.

SUBCHAPTER I--GENERAL PROVISIONS

 Section 2014. Definitions

 The intent of Congress in the definitions as given 
 in this section should be construed from the words or 
 phrases used in the definitions. As used in this 
 chapter:

 ...(aa) The term "special nuclear material" means
 (1) plutonium, uranium enriched in the isotope 233 or
 in isotope 235... (2) any material artificially 
 enriched by any of the foregoing...

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Note: Over 800 nuclear explosive tests have been 
 conducted underground at numerous locations in 
 the U.S. Most of these tests deposited 
 significant quantities of unfissioned 
 plutonium-239 in the surrounding host rock. The 
 provisions, contained in CERCLA [42 U.S.C. 9601
 (10)(K),(22)(C) and 9620(j)(2)] has allowed the 
 performing agencies to withhold the reporting of 
 this plutonium deposition. The Department of 
 Energies'(DOEs') latest listings of transuranic 
 waste inventories fails to include the waste 
 deposited as a result of underground nuclear 
 explosives testing.

 Vernon J. Brechin
 6 November 1995

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