Notice of Lodging of Supplemental Consent Decree Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Supplemental Consent Decree Pursuant to the

Clean Air Act

In accordance with the Clean Air Act, 42 U.S.C. Sec. 7413 (g), and

Departmental Policy, 28 CFR Sec. 50.7, notice is hereby given that a

proposed Supplemental Consent Decree in Concerned Citizens for Nuclear

Safety, Inc. & Patrick Jerome Chavez v. United States Dep't of Energy &

Siegfried S. Hecker, Civil No. 94-1039 M (D.N.M.), was lodged with the

United States District Court for the District of New Mexico on

September 26, 1997. Final approval and entry of the proposed

Supplemental Consent Decree are subject to the requirements of Section

113(g) of the Clean Air Act, 42 U.S.C. Sec. 7413(g), and the provisions

of 28 CFR Sec. 50.7.

In this case, Plaintiffs CCNS and Patrick Chavez filed suit against

Defendants alleging that Los Alamos National Laboratory (``LANL'') is

not in full compliance with the national emission standard for

radionuclides at DOE facilities, set forth at 40 CFR 61.90-61.97

(``Subpart H''). On March 20, 1997, the court entered a Consent Decree

resolving Plaintiffs' claims. One of the provisions of the Consent

Decree requires DOE to fund up to four independent compliance audits of

LANL. The Decree also provided for DOE to pay CCNS' expert and

attorneys' fees incurred in monitoring compliance with the Consent

Decree, including monitoring the independent audits, pursuant to the

attorneys' fees provisions of the Clean Air Act.

On July 24, 1997, CCNS filed a Motion to Enforce Consent Decree, by

which CCNS sought to resolve a dispute with DOE regarding the

appropriate scope of activities to monitor the first independent audit.

CCNS and DOE have reached a settlement of this motion, which takes the

form of a proposed Supplemental Consent Decree.

The Department of Justice will receive written comments relating to

the proposed Supplemental Consent Decree for a period of 30 days from

the date of publication of this notice. Comments should be addressed to

Alan D. Greenberg, U.S. Department of Justice, Environmental Defense

Section, 999 18th Street, Suite 945, Denver, CO 80202, should refer to

Concerned Citizens for Nuclear Safety, Inc. & Patrick Jerome Chavez v.

United States Department of Energy & Siegfried S. Hecker, Civil No. 94-

1039 M (D.N.M.), and should also make reference to DJ# 90-5-2-1-1749A.

The Supplemental Consent Decree may be examined at the Clerk's

Office, Untied States District Court for the District of New Mexico,

500 Gold Avenue, 10th Floor, Albuquerque, NM 87102 or at the Los Alamos

National Laboratory Reading Room, 1350 Central Avenue, Suite 101, Los

Alamos, NM 87544, ph. (505) 665-2122 or (800) 343-2342.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environmental and Natural

Resources Division.

[FR Doc. 97-27770 Filed 10-20-97; 8:45 am]

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