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

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URL: https://www.frixlaw.com/law-library/documents/fr%3A97-27770

## Record

- **Collection:** Federal Register
- **Document type:** Notice
- **Published:** October 21, 1997
- **Citation:** 62 FR 54653

## Text

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]
BILLING CODE 4410-15-M

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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A97-27770. Public record. Not legal advice.