18746 Federal Register / Vol. 74, No. 78 / Friday, April 24, 2009 / Notices 

SUMMARY: Pursuant to Section 102(2)(c) 

of the National Environmental Policy 

Act (NEPA) of 1969 (42 U.S.C. 4321 et 

seq.), the Council on Environmental 

Quality Final Regulations (40 CFR Parts 

1500 through 1508), and the United 

States Section, International Boundary 

and Water Commission’s (USIBWC) 

Operational Procedures for 

Implementing Section 102 of NEPA, 

published in the Federal Register 

September 2, 1981 (46 FR 44083); the 

USIBWC hereby gives notice of 

availability of the Draft Environmental 

Assessment and Draft FONSI for Flood 

Control Improvements to the Arroyo 

Colorado Floodway, which is part of the 

interior floodways in the Lower Rio 

Grande Flood Control Project. 

FOR FURTHER INFORMATION CONTACT: Rita 

Crites, Environmental Protection 

Specialist, Environmental Management 

Division, United States Section, 

International Boundary and Water 

Commission; 4171 N. Mesa, C–100; El 

Paso, Texas 79902. Telephone: (915) 

832–4781; e-mail: rfcrites@ibwc.gov. 

DATES: The Draft EA and Draft FONSI 

will be available April 27, 2009. 

SUPPLEMENTARY INFORMATION: 

Background 

The Arroyo Colorado is an ancient 

distributary of the Rio Grande, and it 

serves as drainage for crop irrigation, 

municipal wastewater returns, and as a 

floodway during periods of heavy 

precipitation in the Lower Rio Grande 

Valley. The project area includes 2.1 

miles of the Divisor Dike, and 

approximately 8.4 miles of the Arroyo 

Colorado north levee. 

The USIBWC prepared this EA for the 

proposed action to increase flood 

containment capacity of the Arroyo 

Colorado Levee System by raising the 

elevation of this segment for improved 

flood protection. This action will also 

address the 100-year flood protection 

criteria established by the Federal 

Emergency Management Agency 

(FEMA). 

The beginning of this project is at the 

Divisor Dike near the juncture point of 

the Arroyo Colorado and the North 

Floodway in Hidalgo County and the 

ending is at White Ranch Road in 

Cameron County, Texas. 

The proposed levee rehabilitation 

improvements consist of: (1) Raising the 

top-of-levee elevation, (2) conducting 

geotechnical investigations and testing 

to determine the type and extent of any 

required remediation improvements due 

to slope stability, seepage, levee 

settlement, and any other geotechnical 

issues that may cause levee failure 

during a 100-year flood event and (3) 

modifying, if necessary, hardware or 

structures located along the levee 

reaches. Any modifications will be in 

compliance with the Texas Historical 

Commission recommendations. The top 

elevation of the levee-raising 

improvements will be to provide 

containment of flood flows with a 

minimum freeboard of 3 feet for water 

surface elevations as calculated in the 

USIBWC 2003 Hydraulic Model for the 

LRGFCP. Raising on the riverside of the 

levee will be the most probable 

alternative given the nature of the rightof-way in the area. 

Alternatives 

The USIBWC completed an EA of the 

potential environmental consequences 

of raising the Arroyo Colorado 

Floodway to meet current requirements 

for flood control. The EA, which 

supports the Finding of No Significant 

Impact, evaluated the Proposed Action 

and No Action Alternative. 

Availability 

Single hard copies of the Final 

Environmental Assessment and Final 

Finding of No Significant Impact may be 

obtained by request at the above 

address. Electronic copies may also be 

obtained from the USIBWC Home Page 

at http://www.ibwc.gov/home.html. 

Dated: April 17, 2009. 

Robert McCarthy, 

General Counsel. 

[FR Doc. E9–9322 Filed 4–23–09; 8:45 am] 

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DEPARTMENT OF JUSTICE 

Notice of Lodging of Consent Decree 

Under the Clean Air Act 

Notice is hereby given that on April 

20,2009, a proposed Consent Decree in 

United States of America et al. v. E.I. du 

Pont de Nemours & Co., and Lucite 

International, Inc., Civil Action No. 

2:09–0385 was lodged with the United 

States District Court for the Southern 

District of West Virginia. 

In this action the United States, on 

behalf of the Administrator of the 

United States Environmental Protection 

Agency, sought injunctive relief and 

civil penalties under Section 113(b) of 

the Clean Air Act (‘‘Act’’), 42 U.S.C. 

7413(b), for alleged violations at a 

sulfuric acid regeneration plant 

(‘‘Plant’’) owned by Lucite and operated 

by DuPont in Belle, West Virginia. The 

Complaint alleged violations of: (1) The 

Prevention of Significant Deterioration 

provisions of the Act, 42 U.S.C. 7470– 

92; (2) the New Source Performance 

Standards of the Act, 42 U.S.C. 7411; (3) 

the Title V Permit requirements of the 

Act, 42 U.S.C. 7661–7661f; and (4) the 

federally approved and enforceable state 

implementation plan which 

incorporates and/or implements the 

above-listed federal regulations. 

The Consent Decree resolves the 

United States’s Clean Air Act claims at 

the Plant by requiring that Defendants: 

(i) Pay a civil penalty of $2,000,000, to 

be split evenly with the State of West 

Virginia; and (ii) cease operations at the 

Plant by April 1, 2010, and surrender all 

air permits to the State. This settlement 

reflects the fact that Defendants have 

decided, for independent business 

reasons, to shut the Plant. 

The Department of Justice will receive 

for a period of thirty (30) days from the 

date of this publication comments 

relating to the Decree. Comments should 

be addressed to the Assistant Attorney 

General, Environmental and Natural 

Resources Division, and either e-mailed 

to pubcomment-ees.enrd@usdoj.gov or 

mailed to P.O. Box 7611, U.S. 

Department of Justice, Washington, DC 

20044–7611, and should refer to United 

States of America et al. v. E.I. du Pont 

de Nemours & Co., and Lucite 

International, Inc., Civil Action No. 

2:09–0385 (S.D. WV), D.J. Ref. 90–5–2– 

1–09251. 

The Decree may be examined at U.S. 

EPA Region 3, 1650 Arch Street, 

Philadelphia, PA 19103. During the 

public comment period, the Decree may 

also be examined on the following 

Department of Justice Web site, http:// 

www.usdoj.gov/enrd/ 

Consent_Decrees.html. A copy of the 

Decree may also be obtained by mail 

from the Consent Decree Library, P.O. 

Box 7611, U.S. Department of Justice, 

Washington, DC 20044–7611 or by 

faxing or e-mailing a request to Tonia 

Fleetwood (tonia.fleetwood@usdoj.gov), 

fax no. (202) 514–0097, phone 

confirmation number (202) 514–1547. In 

requesting a copy from the Consent 

Decree Library, please enclose a check 

in the amount of $23.25 (25 cents per 

page reproduction cost) payable to the 

U.S. Treasury or, if by e-mail or fax, 

forward a check in that amount to the 

Consent Decree Library at the stated 

address. 

Maureen Katz, 

Assistant Section Chief, Environmental 

Enforcement Section, Environment and 

Natural Resources Division. 

[FR Doc. E9–9399 Filed 4–23–09; 8:45 am] 

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