Key Events Leading to the CCNS v. DOE Clean Air Act Lawsuit December 1989: National Emissions Standards for Hazardous Air Pollutants (NESHAP) is issued by the Environmental Protection Agency (EPA), and includes the National Emission Standards for Emissions of Radionuclides Other Than Radon From Deparment of Energy Facilities. 40 CFR 61.90. November 15, 1990: Clean Air Act Amendments of 1990 become effective. November 1991: EPA issues Notice of Noncompliance to Department of Energy (DOE)/Los Alamos National Laboratory (LANL) for Clean Air Act violations at LANL. June 1991: 1990 LANL Air Emissions Annual Report finds that "the Laboratory is not now able to demonstrate compliance with [EPA stack monitoring] requirements...." February 1992: Tiger Team Report finds that DOE/LANL cannot demonstrate compliance with NESHAP standards and DOE requirements. February 1992: DOE Environmental Checklist concludes that proper monitoring did not occur at a single site where required. March 1992: CCNS files Notice of Intent to Sue. June 1992: 1991 LANL Air Emissions Annual Report finds that "the Laboratory is not able to demonstrate compliance with the EPA stack monitoring requirements...." November 1992: EPA Audit confirms DOE/LANL out of compliance with NESHAP regulations. November 1992: EPA issues second Notice of Noncompliance to DOE/LANL for exceeding Clean Air Act public safety standards in 1990. June 1993: 1992 Air Emissions Annual Report finds that "the Laboratory is not able to demonstrate compliance with EPA stack monitoring requirements...." June 1994: 1993 Air Emissions Annual Report finds that "the Laboratory is not able to demonstrate compliance with EPA stack monitoring requirements...." September 1994: CCNS and Patrick Jerome Chavez file suit against DOE/LANL for continued noncompliance.
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