[Federal Register Volume 62, Number 203 (Tuesday, October 21, 1997)]
[Notices]
[Page 54653]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-27770]


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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