Notice of Lodging of Consent Decree and Settlement Agreement Pursuant to the Clean Air Act

DEPARTMENT OF JUSTICE

Notice of Lodging of Consent Decree and Settlement Agreement

Pursuant to the Clean Air Act

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

Departmental Policy, 28 C.F.R. Sec. 50.7, notice is hereby given that a

proposed Consent Decree and proposed Settlement Agreement in 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.), were lodged with the United States District Court for the

District of New Mexico on January 14, 1997. Final approval and entry of

the proposed Consent Decree and final approval of the Settlement

Agreement 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 C.F.R.

Sec. 50.7.

The Consent Decree and Settlement Agreement resolve allegations

that the Los Alamos National Laboratory (``LANL''), located in Los

Alamos, New Mexico, was not in full compliance with the national

emission standard for radionuclides, as set forth at 40 C.F.R.

Secs. 61.90-61.97 (``Subpart H''). Under the proposed Consent Decree,

the U.S. Department of Energy would be required to contract for, fund

and facilitate performance of comprehensive independent technical

audits described in the Consent Decree, operate additional AIRNET

stations, add thermoluminescent dosimeters to detect gamma and thermal

neutron emissions, and to make a payment of $150,000 to the U.S.

Treasury. The proposed Settlement Agreement would require, in part, the

U.S. Department of Energy to fund a program at the University of New

Mexico and to conduct radiation education training for the community.

The Department of Justice will receive written comments relating to

the proposed Consent Decree and Settlement Agreement 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 proposed Consent Decree and Settlement Agreement may be

examined at the Clerk's Office, United 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

[[Page 5654]]

Room, 1350 Central Avenue, Suite 101, Los Alamos, NM 87544, (505) 665-

2122 or (800) 343-2342.

Letitia J. Grishaw,

Chief, Environmental Defense Section, Environment and Natural Resources

Division.

[FR Doc. 97-2909 Filed 2-5-97; 8:45 am]

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