Texas Department of Agriculture
Request for Proposals: Texas-Israel Exchange Fund Grant Program
Statement of Purpose.
Pursuant to the Texas Agriculture Code, Chapter 45, the Texas Department
of Agriculture's (TDA) Texas-Israel Exchange Fund (TIE) Board in cooperation
with the Binational Agricultural Research and Development Fund (BARD)
Board are hereby requesting for a new submission of proposals for
projects for the joint TDA-TIE/BARD Grant Program. The purpose of
this grant program is to promote mission oriented, applied, collaborative
agricultural research and development activities conducted jointly
by scientists in Texas and Israel. Funded projects are expected to
be of interest to the relevant agricultural industries and yield applicable
results within 3 years and possible public-private partnerships. Benefits
would result through developing solutions to mutual agricultural problems
that will in turn foster the development of trade, mutual assistance,
and business relations between Texas and Israel. The TIE and BARD
Boards may award a total amount of up to $1.5 million cooperatively,
and with the required matching of the recipient institutions in Texas,
this amount will be increase to $3 million.
Submission Dates/Locations.
Proposals and Signature Pages must reach
BARD and TDA not later than September 6, 2007.
PDF file of the complete proposal is to be uploaded to the BARD
and TDA websites: www.bard-isus.com and www.tda.state.tx.us.
Twelve (12) hard copies and one (1) electronic copy of the proposal
copy in PDF format (either by diskette or CD Rom) must arrive not
later than 5:00 p.m. on September 6, 2007 to each of the following:
Texas Department of Agriculture, Attn: Catherine Wright Steele, P.O.
Box 12847, Austin, Texas 78711 or physical address of 1700 North Congress,
11th Floor, Austin, Texas 78701; and the main BARD office, Agricultural
Center, P.O. Box 6, Bet Dagan, 50250, Israel - physical address is:
Room 412, Old Administration Building, Volcani Center, HaKirya HaHaklait,
Derech Hamakabim, Rishon LeZion, Israel.
Signature pages should not be included in the proposals. Pages
are to be scanned and forwarded by e-mail to each of the following
addresses: (mary@bard-isus.com) and Catherine.wright-steele@tda.state.tx.us.
No additions or amendments to the proposal will be accepted after
5:00 p.m. on September 6, 2007.
Eligibility.
Grant proposals, submitted
jointly by at least one scientist in Texas and one in Israel, will
be accepted from public or private non-profit research institutions.
This includes institutions of higher education and governmental research
entities.
Funding Areas.
All proposals must meet at least one topical area of the five listed
below that has been identified jointly by the TIE and BARD Boards:
1. Efficient use and management of soil and water for agriculture
2. Post harvest food technologies - quality, safety and security,
transportability and shelf life extension 3. Horticulture (excluding
floriculture), field and garden crops - including drought tolerance
4. Mariculture 5. Renewable energy and agricultural biofuels
Proposal Requirements.
Proposals
may be prepared and submitted as one to three year projects. Consecutive
second and third years of funding of the initially awarded projects
will be contingent upon an annual joint review and approval by TIE
Board and BARD, of documentation of the achieved objectives through
the timely submission of semi-annual, annual and final scientific
reports, adherence to grant guidelines which include quarterly fiscal
reports for the Texas institutions and annual fiscal reporting for
the Israeli institutions, as well as upon the availability of funds.
Funding Limitations.
Each project is limited to a maximum award of $100,000 ($50,000
from TIE and $50,000 from BARD) per year, not to exceed duration of
three years and a maximum amount of $300,000 ($150,000 from TIE and
$150,000 from BARD) for the three-year period. The match requirement
by the institution in Texas might double the matching funding by BARD
of the Israeli collaborating institution. Thus fully funded and matched
projects might amount to a maximum budget of $600,000 for a three-year
project ($150,000 from TIE, $150,000 from the awarded Texan institution
and $300,000 from BARD).
Grants are awarded for a one-year period of time with any subsequent
funding for multi-year projects contingent upon documentation of achieved
objectives and adherence to grant guidelines, reporting requirements
and the availability of funds.
Grant projects are limited to one year of funding at any one time;
however, a no-cost extension may be requested if properly justified
in writing 30 days prior to the termination of a project or the funding
period. If approved, the extension shall not exceed one year past
the original termination date.
General Format Requirements:
The proposals should be prepared in English.
The line spacing must be not less than 1.5.
Font size must be at least 12.
The margins should be 2.5 cm (1 inch) all around.
Each page must be numbered.
Staple the proposal once only in the upper left corner. Do not
bind.
Photocopies must be legible and of high quality.
Technical Requirements.
Include the following items, with these headings:
1. Cover Pages
in the format provided
in BARD's and TDA websites and in these guidelines from the BARD www.bard-isus.com
and the TDA website www.tda.state.tx.us.
2. Table of Contents
- include page
numbers and section headings.
3. Abstract
- do not exceed one page.
Abstracts will be used by TDA-TIE/BARD throughout the review process
and are the reviewer's initial contact with the proposal. Care should
be taken in its preparation. The abstract page should immediately
follow the table of contents. Adhere to general format requirements
regarding font size, spacing, etc. Include the title of the proposal
and names of the Principal Investigators of Texas and Israel and all
collaborating investigators, if any, followed by a summary, not exceeding
one page. Clearly state the research problem, objectives, proposed
methodology, expected contribution to agriculture and potential for
commercialization.
4. List and give full names of Acronyms/Abbreviations
used in the proposal.
5. Detailed Description of the Research
Plan.
Limitation of 15 pages. Length and general format requirements
(above) are rigidly enforced. Include the following items in the detailed
plan:
Statement of the research problem and its general background.
Concise outline of specific, feasible research objectives.
Hypotheses and their rationale.
Preliminary results (particularly important in highly innovative
proposals).
Research Plan: strategies, procedures and methodologies used in
addressing the questions asked.
List specific experimental designs and a discussion of their potential
pitfalls and possible alternatives.
Description of the expected results and their anticipated contributions
to the agriculture of Texas and Israel.
Tables, figures, etc. are counted in the section above (15 page
limit).
Detail the commercial applicability of the research results, including
information on, and contact information for, private interests in
the research and the potential of eventual development of public-private
partnerships is required but will not be included in the 15 page limit.
6. Timetable of the Work Plan
- describe
the division of the research tasks between the participants in Texas
and Israel for each year of the project. A graphic or tabular presentation
is recommended.
7. Details of Cooperation
- The proposal,
prepared jointly by all investigators, should clearly indicate the
anticipated cooperative endeavors between the partners, including
the work to be done in each location and the responsibility of each
collaborator. Explain how the cooperating scientists contribute their
expertise to the joint research and whether joint experiments and
or publications are planned. The level and quality of the cooperation
will be scored by reviewers and panels in their evaluation of the
proposal. Types of cooperation are defined below. The highest value
is given to synergistic cooperation and lowest value to supportive
cooperation:
Synergistic
: Each scientist contributes
a specific expertise, facility, or equipment that the other partner
cannot contribute and without which the final expectations of hypothesis
testing could not be achieved.
Complementary
: Each scientist performs
essentially the same research using different (biological) systems
or methods, thus, widening the scope and strengthening the validity
of the results.
Supportive:
Collaborators with
essentially the same expertise divide the research tasks between the
laboratories.
8. Facilities
- briefly detail the
facilities to be dedicated to the project.
9. Relevant Bibliography
- Include
all authors, full title, date, journal name, volume and page numbers.
For references in the text to citations, use author(s) names not number
in the list.
10. Curriculum Vitae
Do not exceed two pages for each investigator.
Provide a
brief
professional biography
and academic background.
List previous research experience.
List recent, relevant publications.
List other achievements, including new inventions and patents.
11. Addenda to the proposal:
Cited
in press
articles
in
reviewed
journals should be attached
to the hard copies. Journal name (and where possible, volume number)
must be specified. In addition, pdf copies should be sent by e-mail.
Relevant articles that reach
type-name="bold">in press
status after the submission date
should be sent by e-mail to BARD for incorporation into the review
process (mary@bard-isus.com).
General letters of support are not allowed. Only letters specifically
confirming additional materials, facilities, know-how, etc. may be
included.
No other attachments
are allowed.
12. Details of the Budget
A. Eligible Expenses.
Generally expenses
that are necessary and reasonable for proper and efficient performance
and administration of a project are eligible.
Expenses must be properly documented with sufficient backup detail,
including copies of invoices. Examples of eligible expenditures are:
Personnel costs - both salary and benefits
Travel - both foreign and domestic
Equipment - nonexpendable, tangible personal property having a
useful life of more than one year and an acquisition cost of $5,000
or more per unit.
Supplies and direct operating expenses - equipment that costs less
than $5,000 per unit, research and office supplies, postage, telecommunications,
printing, etc.
Indirect/overhead costs - limited as described below.
B. Ineligible Expenses.
Expenses
that are prohibited by state or federal law are ineligible. Examples
of these expenditures are:
Alcoholic beverages
Entertainment
Contributions, charitable or political
Expenses falling outside of the contract period
Expenses for expenditures not listed in the project budget
Expenses that are not adequately documented
C. Budget Summary Table:
Use the
format on the website. Present separate figures for each participating
institution. Use additional columns (tables) as necessary. Round annual
totals to the nearest $1,000. Round individual budget items to the
nearest $100.
D. Description of the Budget
- Present
an overall project budget, as well as a separate budget for each institution
and year of the grant period. No increases in budget based on expected
inflation during the course of the grant will be considered. Take
into account anticipated inflationary changes in costs when preparing
the budget for subsequent years of research.
type-name="italic">Israel
budget description:
1. Personnel services
: List both
PI's by name. Individuals who receive their salary from sources other
than research grants (soft money) are not entitled to receive any
fraction of the grant as salary. Requests for part or full salaries
of PI's require prior approval by BARD. Specify the percentage of
time devoted to the project by each person. List support personnel
or their role in the project. Support personnel can receive salaries
and social/fringe benefits in proportion to the time devoted to the
research project.
2. Non-expendable equipment
: Defined
as tangible personal property having a useful life of more than one
year and an acquisition cost of $5,000 or more per unit. BARD will
allow the purchase of unique, specific items of equipment to be used
in the supported research and without which the research project cannot
be conducted. Large capital expenditures are not included in TDA-TIE/BARD's
obligations to recipients.
3. Operating expenses
: Present
operating expenses in general terms, together with a list of estimated
costs. Include in-country travel, computer services and supplies.
4. Foreign travel (see note in G, below)
:
TDA-TIE/BARD allows
one
trip from Israel
to Texas for a multi-year project. Per diem is allowed in accordance
with the terms prevailing in the investigator's institution.
5. Overhead expenses
: may not exceed
20% of total direct costs.
type-name="italic">Texas
budget description:
1. Personnel services
: List both
PI's by name. Individuals who receive their salary from sources other
than research grants (soft money) are not entitled to receive any
fraction of the grant as salary. Requests for part or full salaries
of PI's require prior approval by TDA. Specify the percentage of time
devoted to the project by each person. List support personnel or their
role in the project. Support personnel can receive salaries and social/fringe
benefits in proportion to the time devoted to the research project.
2. Professional/Contractual
: Any
contract or agreement entered into by a grantee that obligates grant
funds must be in writing and consistent with Texas contract law. Grantees
must maintain adequate documentation supporting budget items for a
contractor's time, services, and rates of compensation.
3. Travel (see note in G, below)
:
Grant funds used for travel expenses, both foreign and domestic, must
be limited to the grantee agency's established mileage, per diem,
and lodging policies. If a grantee does not have established mileage,
per diem, and lodging policies, then the grantee must use state travel
guidelines.
4. Equipment
: Defined as tangible
personal property having a useful life of more than one year and an
acquisition cost of $5,000 or more per unit. Applicants must submit
with their grant applications a list of all proposed equipment purchases
for approval. Grantees must request any additional equipment purchases
through grant adjustments. Grantees are not authorized to purchase
any equipment until they have received written approval to do so from
TDA through the original grant award or a subsequent grant adjustment
notice. TDA may refuse any request for equipment. Decisions regarding
equipment purchases are made based on whether or not the grantee has
demonstrated that the requested equipment is necessary, essential
to the successful operation of the grant project, and reasonable in
cost.
5. Supplies and Direct Operating Expenses
:
Expenses that are directly related to the grantee's day-to-day operation
of the grant project that are not included in any of the Grantee's
other standard budget categories and has an acquisition cost of less
than $5,000 per unit. Grantees must allocate costs on a prorated basis
for shared usage, including research and office supplies, postage,
telecommunications, and printing.
6. Indirect Costs
: May not exceed
10% of total direct costs.
type-name="italic">Texas Only
)
The Texas portion of the TDA-TIE/BARD grant program has a 100 percent
matching requirement from other funding sources. For example: if the
Texas portion of the request is $50,000, then the matching funds must
equal $50,000. This pertains
only
to
the TDA-TIE portion. The matching funds must be documented on the
budget submission form as well as on the quarterly budget reports
regarding how much has been expended from the other sources. All matching
funds must comply with the same rules and guidelines that apply to
the grant award with the exception of matching indirect costs. Up
to 20 percent of indirect costs may be charged to the matching portion
of the project budget. If the applicant does not demonstrate an adequate
match to meet the requirement, the TDA-TIE portion of the funding
request will be decreased to compensate.
Note: International Travel: TDA/BARD will organize two "status
seminars," once in Texas during the second year of the three year
projects and once in Israel toward the end of the third year. In these
meetings PI/CoPI of awarded projects will summarize their progress
and results. The budget allocated for foreign travel must be assigned
for the purpose of participation in the status seminars.
Regulatory Agency Requirements
Proposals and grants must adhere to policies and regulations as
established by the regulatory agencies of the country in which the
research is to be conducted.
type-name="italic"> Exchange of GMO materials, exotic species and
some biological materials between countries may require special authorization
and must note delay the project
. The signature of the Authorized
Officer of the Research Authority indicates to TDA-TIE/BARD that these
concerns have been met. PI/CoPI of funded projects will be asked to
present to BARD and TDA the required authorizations prior to the initiation
of funding.
Evaluation of Proposals
One or more disciplinary panels will evaluate TDA-TIE/BARD proposals
simultaneously and independently by parallel panels in Texas and Israel.
Panel members (2-6 per panel) are scientists competent in the relevant
area of research. Panel members will participate in the identification
of outside reviewers to evaluate each proposal. The ad-hoc reviews
assist the panels to formulate their recommendations regarding the
proposal. Panel members rank and prioritize all proposals in their
panel and prepare a brief written assessment (strengths/weaknesses)
of each proposal.
The proposals will be evaluated on the following elements:
The scientific and technological merit of the proposal.
Does the proposed project meet the applied research requirement
with expected commercial applicability of results within 3 years of
the project's initiation?
The feasibility of the objectives.
The potential for commercialization and anticipated benefits to
agriculture and the environment in Texas and Israel.
The quality of the cooperation between the investigators.
The suitability of the investigators and their facilities.
The requested budget in relation to the research plan.
The recommendations of both panels in Texas and Israel will then
be forwarded to a TDA-TIE/BARD Joint Advisory Committee for further
discussion and recommendations to the respective TIE and BARD Boards.
Award Information and Notification
The TIE and BARD Boards will make all final funding decisions.
The TIE and BARD Boards reserve the right to accept or reject any
or all proposals submitted. Neither the TIE Board, nor BARD Board
is under a legal or other obligation to execute a grant on the basis
of this RFP. Neither the TIE Board, nor BARD Board shall pay for any
costs incurred by any entity in responding to this RFP.
The public announcements and written notifications will be made
to all applicants and their affiliated research institution. Favorable
decisions will indicate the amount of award, duration of the grant
and any special conditions associated with the project.
General Compliance Information
1.
Any delegation by the Grantee
to its counterpart or any subcontractor regarding any duties and responsibilities
imposed by grant award shall not relieve the Grantee of its responsibilities
to the TIE and BARD Boards for the performance thereof.
2.
All grant awards are subject to
the availability of appropriations and authorizations by the Texas
Legislature and BARD Board of Directors.
3.
While TDA-TIE/BARD attempts to
observe the strictest confidence in handling the research proposals,
neither can guarantee complete confidentiality on any matters that
lie beyond its control. The confidentiality of recipient's "proprietary
data" so designated shall be strictly observed to the extent permitted
by appropriate Texas and Israeli laws, including the Texas Public
Information Act. There shall be no restriction on the publication
of research results except when taking into consideration effects
of prior publication on possible subsequent patent and TDA-TIE/BARD's
license to use copyrighted material.
4.
Awarded grant projects must remain
in full compliance or be subject to termination.
Grant recipients must keep a separate bookkeeping account with
a complete record of all expenditures relating to the research project.
Keep records for three years after the completion of the research
project or as otherwise agreed upon with TDA-TIE/BARD. TDA/TIE/BARD,
and the Texas State Auditor's Office reserves the right to examine
all books, documents, records and accounts relating to the research
project at any time throughout the duration of the agreement and for
three years immediately thereafter. If there has been any litigation,
claim, negotiation, audit or other action started prior to the expiration
of the three-year period involving the records, then the records must
be retained until the completion of the action and resolution of all
issues which arise from it, or until the end of the regular three-year
period, whichever is later. TDA/TIE/BARD and the Texas State Auditor's
Office also reserves the right to inspect the research locations and
to obtain from the research team full information regarding all project
activities.
5.
In any year in which a financial
audit is conducted, a copy must be submitted to both the TIE and BARD
Boards, including the audit transmittal letter, management letter,
and any schedules in which the Grantee's funds are included.
6.
In accordance with Texas Government
Code Ann. §783.007, grant awards to Texas institutions shall
comply in all respects with the Uniform Grant Management Standards
(UGMS). Upon grant award, Grantees will be provided a copy or it may
be downloaded from the following website: http://www.governor.state.tx.us/divisions/stategrant
s/guidelines/.
7.
Grant management guidelines for
the TDA-TIE/BARD grants will be published under separate cover.
For any questions:
Texas institutions please contact Ms. Catherine Wright Steele at
(512) 463-7700 or by email at Catherine.wright-steele@tda.state.tx.us.
Israeli institutions please contact Dr. Edo Chalutz at (972)-3-965-2244
or by email at echalutz@bard-isus.com.
TRD-200702825
Dolores Alvarado Hibbs
General Counsel
Texas Department of Agriculture
Filed: July 3, 2007
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval
of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440).
Under federal law, federal agency activities and actions affecting
the Texas coastal zone must be consistent with the CMP goals and policies
identified in 31 TAC Chapter 501. Requests for federal consistency
review were deemed administratively complete for the following project(s)
during the period of June 22, 2007, through June 28, 2007. As required
by federal law, the public is given an opportunity to comment on the
consistency of proposed activities in the coastal zone undertaken
or authorized by federal agencies. Pursuant to 31 TAC §§506.25,
506.32, and 506.41, the public comment period for this activity extends
30 days from the date published on the Coastal Coordination Council
web site. The notice was published on the web site on July 4, 2007.
The public comment period for this project will close at 5:00 p.m.
on August 3, 2007.
FEDERAL AGENCY ACTIONS:
Applicant: Professional Estates Home Owners
Association
; Location: The project is located in Resaca del
Rancho Viejo, at the downstream boundary of the Professional Estate
Subdivision, east of the intersection of Stillman Road and U.S. Highway
77, Brownsville, Cameron County, Texas. The project can be located
on the U.S.G.S. quadrangle map entitled: West Brownsville, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
648750; Northing: 2874700. Project Description: The proposed project
consists of the placement of approximately 240 cubic yards of fill
material for the purpose of constructing an earthen berm intended
to impound resaca flows and therefore maintain a consistent water
level within the Professional Estate Subdivision. The earthen berm
includes three 12-inch culverts at the top of the berm for the purpose
of relieving high flows. Approximately 0.14 acres of resaca bottom
will be displaced by the proposed berm. The open water area upstream
of the berm within the Professional Estates Subdivision is approximately
seven acres, and thence an additional 4.75 acres upstream to US Highway
77. CCC Project No.: 07-0217-F1; Type of Application: U.S.A.C.E. permit
application #SWG-2007-198 is being evaluated under §404 of the
Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review
for this project may be conducted by the Texas Commission on Environmental
Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Lamar Oil and Gas, Inc.
;
Location: The project is located approximately 6.25 miles WSW of the
Copano Bay Causeway in Copano Bay, Aransas County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: ROCKPORT,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
685,018; Northing: 3,110,866. Project Description: The applicant proposes
to install, operate, and maintain structures and equipment necessary
for oil and gas drilling, production, and transportation activities
at the proposed well site ST 62 #1. Approximately 4,500 cubic yards
of shell, crushed rock or washed gravel will be used as a base for
the proposed drilling rig and facility. In addition, a 9,787-foot
2.5-inch O.D. pipeline is proposed to connect the structure with an
existing platform at well site ST 81 #2. The pipeline will be jetted
or plowed a minimum distance of 3 feet below the bay bottom. Approximately
2,175 cubic yards of material are expected to be displaced during
pipeline installation activity and the trench is expected to fill
in naturally. CCC Project No.: 07-0218-F1; Type of Application: U.S.A.C.E.
permit application #SWG-2007-900 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Railroad Commission
of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Lamar Oil and Gas, Inc.
;
Location: The project is located approximately 6.4 miles WSW of the
Copano Bay Causeway in Copano Bay, Aransas County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: BAYSIDE, Texas.
Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
683,826; Northing: 3,109,880. Project Description: The applicant proposes
to install, operate, and maintain structures and equipment necessary
for oil and gas drilling, production, and transportation activities
at the proposed well site ST 80 #1. Approximately 4,500 cubic yards
of shell, crushed rock or washed gravel will be used as a base for
the proposed drilling rig and facility. In addition, a 3,944-foot
2.5-inch O.D. pipeline is proposed to connect the structure with an
existing platform at well site ST 81 #2. The pipeline will be jetted
or plowed a minimum distance of 3 feet below the bay bottom. Approximately
876 cubic yards of material are expected to be displaced during pipeline
installation activity and the trench is expected to fill in naturally.
CCC Project No.: 07-0219-F1; Type of Application: U.S.A.C.E. permit
application #SWG-2007-902 is being evaluated under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Railroad Commission
of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Lamar Oil and Gas, Inc.
;
Location: The project is located approximately 5.8 miles WSW of the
Copano Bay Causeway in Copano Bay, Aransas County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: ROCKPORT,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
684,694; Northing: 3,109,362. Project Description: The applicant proposes
to install, operate, and maintain structures and equipment necessary
for oil and gas drilling, production, and transportation activities
at the proposed well site ST 79 #1. Approximately 4,500 cubic yards
of shell, crushed rock or washed gravel will be used as a base for
the proposed drilling rig and facility. In addition, a 5,667-foot
2.5-inch O.D. pipeline is proposed to connect the structure with an
existing platform at well site ST 81 #2. The pipeline will be jetted
or plowed a minimum distance of 3 feet below the bay bottom. Approximately
1,260 cubic yards of material are expected to be displaced during
pipeline installation activity and the trench is expected to fill
in naturally. CCC Project No.: 07-0220-F1; Type of Application: U.S.A.C.E.
permit application #SWG-2007-904 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Railroad Commission
of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: Lamar Oil and Gas, Inc.
;
Location: The project is located approximately 4.8 miles west of the
Copano Bay Causeway in Copano Bay, Aransas County, Texas. The project
can be located on the U.S.G.S. quadrangle map entitled: ROCKPORT,
Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting:
686,283; Northing: 3,111,360. Project Description: The applicant proposes
to install, operate, and maintain structures and equipment necessary
for oil and gas drilling, production, and transportation activities
at the proposed well site ST 64 #1. Approximately 4,500 cubic yards
of shell, crushed rock or washed gravel will be used as a base for
the proposed drilling rig and facility. In addition, a 16,537-foot
2.5-inch O.D. pipeline is proposed to connect the structure with an
existing platform at well site ST 81 #2. The pipeline will be jetted
or plowed a minimum distance of 3 feet below the bay bottom. Approximately
3,675 cubic yards of material are expected to be displaced during
pipeline installation activity and the trench is expected to fill
in naturally. Oyster reefs will be protected by turbidity curtains.
CCC Project No.: 07-0221-F1; Type of Application: U.S.A.C.E. permit
application #SWG-2007-906 is being evaluated under §10 of the
Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Railroad Commission
of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Applicant: BEPCO, LP
; Location: The
project is a well pad expansion and directional bore for two pipelines.
The proposed entry point for the pipeline bore is located on the U.S.G.S.
quadrangle map entitled: Gregory, Texas at approximate UTM Coordinates
in NAD 83 (meters): Zone 14; Easting: 664050; Northing: 3084836. The
proposed exit point for the pipeline bore and the location of the
well pad expansion is located on the U.S.G.S. quadrangle map entitled:
Portland, Texas at approximate UTM Coordinates in NAD 83 (meters):
Zone 14; Easting: 664518; Northing: 3084272. Project Description:
The applicant proposes to expand the size of an existing well pad,
owned by the City of Portland, TX, and directionally bore two pipelines
in the northern portion of Corpus Christi Bay. The well pad expansion
is to accommodate various well drilling and production equipment,
offices, personnel quarters, and computer equipment, and involves
the placement of approximately 3,310 cubic yards of fill material
in 1.37 acres of jurisdictional area. The dimensions of the expanded
well pad would be 368- by 275-feet. The applicant also proposes to
directionally bore two pipelines, a 4.5- and a 2.5-inch-diameter pipeline
for a distance of approximately 2,400 linear feet from an upland location
to the expanded well pad location. To compensate for the fill in jurisdictional
area, the applicant proposes to construct a mitigation area on the
southern portion of Sunset Lake, near the Indian Point State Fishing
Pier wherein they would plant approximately 1.38 acres of wetland
vegetation consisting of 1.085 acres of smooth cordgrass (Spartina
alterniflora) and 0.294 acres of various high marsh species. The mitigation
plan has a five-year monitoring component and is expected to have
a secondary benefit of protecting approximately 180 acres of estuarine
wetlands that, according to aerial photography, have experienced considerable
erosion over the last half-century. The applicant would also construct
and maintain for two years, approximately 1,440 linear feet of double
wave barrier fencing to help ensure the planted area has ample opportunity
to fully colonize and thrive. CCC Project No.: 07-0222-F1; Type of
Application: U.S.A.C.E. permit application #SWG-2007-538 is being
evaluated under §10 of the Rivers and Harbors Act of 1899 (33
U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344).
Note: The consistency review for this project may be conducted by
the Railroad Commission of Texas under §401 of the Clean Water
Act (33 U.S.C.A. §1344).
Applicant: Golden Pass LNG Terminal, LLC
;
Location: The proposed Golden Pass (GP) Pipeline System starts at
the GP Liquefied Natural Gas (LNG) Terminal site, located 10 miles
south of Port Arthur and 2 miles northwest of Sabine Pass, in Jefferson
County, Texas. The approximate UTM coordinates in NAD 27 (meters)
for the start point (Milepost (MP) 0.00) are: Zone 15; Easting: 4114477;
Northing: 3292156. The proposed GP Pipeline System ends at a metering
station at an interconnection with an existing Transcontinental Gas
Pipeline Corporation (Transco) interstate pipeline near Starks, Louisiana.
The coordinates for the GP Pipeline terminus (MP 69.12) in UTM NAD
27 (meters) are: Zone 15: Easting: 441894; Northing: 3358456. Project
Description: Applicant is requesting to amend the Department of the
Army Permit No. 23620 to account for pipeline route and design optimization
variations that have occurred since the Record of Decision was signed
on August 17, 2005. Applicant is proposing to increase the diameter
of the proposed GP Pipeline from 36 inches to 42 inches and incorporate
several design variations. The longest of these variations would replace
a segment of 20.83 miles of two parallel 36-inch diameter pipelines
with an 11.88-mile segment consisting of one 42-inch diameter pipeline.
This design variation, referred to hereafter as the Optimized Variation
(OV), would reduce the length of the GP Pipeline by 8.95 miles. The
remaining route variations are described below. In addition, modifications
to the construction Right-of-Way (ROW), extra workspaces, and access
roads were required to accommodate the change in the diameter of the
pipeline and the incorporation of the OV. The amended GP Pipeline
System will consist of three pipelines (69.12-mile GP Pipeline, 1.81-mile
Beaumont Lateral, and 1.30-mile FGT Lateral) and associated pipeline
support facilities, including pig launchers and receivers, mainline
block valves, and aboveground facilities. Changes to the proposed
GP Pipeline system include the following:
1) The 11.88 mile OV re-route (described above) resulting in a
net reduction of 8.95 miles to the GP Pipeline.
2) One (1) new pipe yard is currently proposed at Interstate Highway
10 and FM 1442, just west of Orange, Texas.
3) Six (6) previously identified access roads have been removed
from the pipeline system,
4) Sixteen (16) new access roads along the OV are proposed.
5) Mileposts 29.20 to 30.88: 1.68 mile route variation located
southeast of the City of Beaumont, Texas, directly west and east of
where the proposed pipeline crosses the Neches River.
6) Mileposts 28.60 to 29.20: 0.69 mile route variation near the
Highway 347 and U.S. Highway 69 crossing.
7) Mileposts 55.60 to 57.50: 1.91 mile route variation in the area
of the Sabine Island Wildlife Management Area (WMA).
8) Relocation of Florida Gas Interconnect meter station and the
addition of the 1.3-mile Florida Gas Transmission (FGT) Lateral located
near the intersection of FM 1135 and Duncan Woods Road.
9) Mileposts 68.42 to 69.12: Relocation of Transco Interconnect
at north end of the proposed project and the re-route of the last
0.61 miles of the proposed 42" pipeline.
10) Mileposts 0.55 to 9.55: Construction methodology and route
changes through Keith Lake, Shell Lake and the J. D. Murphree WMA
and 3.2 acres of extra work space will be added to build a pipe push
station west of Highway 87. In addition, the 42" line will be moved
north approximately 175 feet east of Highway 87 to get the ROW on
GPPL property.
11) Mileposts 40.40 to 41.20: Change crossing method of I-10 from
bore to HDD.
12) Mileposts 1.10 to 1.30: KM-NGPL Interconnect relocation located
east of Highway 87.
13) Milepost 64: Tennessee Interconnect relocation located approximately
1.65 miles south of Bigwood Stark Road.
14) Milepost 20.08: KM-Tejas interconnect plan dimension increase
and orientation change located at the southwest corner of the proposed
42" pipeline crossing of FM 365.
15) Milepost 66.45: Texas Eastern Interconnect: Texas Eastern Interconnect
plan dimension increase located approximately 0.42 miles north of
Bigwood Stark Road.
16) Milepost 23.64: KM-Texas Interconnect plan dimension increase
located at the southeast corner of the intersection of Hebert and
Knauth Roads.
17) Mileposts 31.80 to 32.62: Approximately 0.82-mile re-route
to minimize impacts to archeological sites 41OR89 and 41OR85 located
approximately 1.73 miles southwest of Church House Road.
18) Mileposts 45.10 to 45.60: Change crossing method of Highway
62, Pacific Railroad, and canal from bore to HDD.
19) Mileposts 19.37 to 19.85: Approximately 0.48-mile re-route
of proposed 42" pipeline to avoid existing gravel pit located approximately
0.62 miles north of Taylor Bayou.
In addition to the pipeline route variations listed above, five
(5) structures will be constructed at strategic locations along selected
waterways. These structures will facilitate the loading/unloading
of pipeline construction equipment, materials and personnel onto shallow-water
marine vessels for transportation. The proposed locations of these
structures are listed below:
1) One (1) structure will be located in Sabine Pass, Texas, on
the western side of the proposed 42" pipeline crossing of Highway
87 near milepost 1.22. 7,500 cubic yards of fill material will be
required at this location. Fill will consist of granular material.
2) Two (2) structures will be located off the Gulf Intracoastal
Waterway (GIWW). The first structure will be located on the southern
side of the proposed 42" pipeline crossing of the GIWW near milepost
8.80. The second structure will be located on the southeastern portion
of the J. D. Murphree WMA bordering the GIWW near milepost 9.30. It
is anticipated that approximately 2,000 cubic yards of dredge material
will be generated during the construction of each of these structures.
Dredge material from these areas will be transported to a licensed
County Landfill.
Two (2) structures will be constructed in Indian Bayou near the
Texas/Louisiana border near mileposts 57.00 and 57.40. It is anticipated
that approximately 1,000 cubic yards of dredge material will be generated
during the construction of each of these structures. Dredging of Indian
Bayou is also warranted to provide navigable water levels and widths
for barges and other vessels transporting pipeline construction equipment
and personnel. It is anticipated that approximately 36,300 cubic yards
of dredge material will be generated during the dredging of Indian
Bayou and the installation of the temporary structures along its banks.
All dredge material from Indian Bayou will be disposed of at a licensed
County/Parish landfill. Changes proposed to the currently permitted
pipeline route have resulted in a decrease of permanent wetland impacts
by 10.59 acres (from 83.23 acres to 72.64). The original authorization
outlines wetland mitigation in the form of the preservation of an
829-acre tract of land adjacent to the Big Thicket National Preserve
and the purchase of 50 acres of pine wetlands from the TNC Southwest
Louisiana Pine Wetland Mitigation Bank. Although there is a decrease
in permanent wetland impacts as a result of the project changes, the
applicant has agreed to construct the mitigation as proposed in the
original authorization. CCC Project No.: 07-0225-F1; Type of Application:
U.S.A.C.E. permit application #SWG-2007-617 is being evaluated under §10
of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404
of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency
review for this project may be conducted by the Railroad Commission
of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act
of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested
parties are invited to submit comments on whether a proposed action
is or is not consistent with the Texas Coastal Management Program
goals and policies and whether the action should be referred to the
Coastal Coordination Council for review.
Further information on the applications listed above may be obtained
from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination
Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us.
Comments should be sent to Ms. Brooks at the above address or by fax
at (512) 475-0680.
TRD-200702812
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 2, 2007
Notice of Rate Ceilings
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §303.003
and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 07/02/07 - 07/08/07 is 18% for Consumer
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 07/02/07 - 07/08/07 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial,
investment or other similar purpose.
TRD-200702798
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 2, 2007
The Consumer Credit Commissioner of Texas has ascertained the following
rate ceilings by use of the formulas and methods described in §§303.003,
303.005, and 303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 07/09/07 - 07/15/07 is 18% for Consumer
The weekly ceiling as prescribed by §303.003 and §303.009
for the period of 07/09/07 - 07/15/07 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005
The monthly ceiling as prescribed by §303.005 for the period
of 07/01/07 - 07/31/07 is 18% for Commercial over $250,000.
1
Credit for personal, family or household
use.
2
Credit for business, commercial,
investment or other similar purpose.
3
For variable rate commercial transactions
only.
TRD-200702820
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 3, 2007
Request for Applications Concerning the Texas Science, Technology, Engineering, and Math (T-STEM) Pre-Service Teacher Preparation Program
Eligible Applicants. The Texas Education Agency (TEA) is requesting
applications under Request for Applications (RFA) #701-07-118 from
eligible partnerships for the Texas Science, Technology, Engineering,
and Math (T-STEM) Pre-Service Teacher Preparation Program. An eligible
partnership shall include (1) an engineering, mathematics, or science
department of an institution of higher education (IHE); and (2) a
high-need local educational agency (LEA). A high-need LEA is defined
as a public school district or open-enrollment charter school at which
a minimum of 39 percent of students participate in the free or reduced-price
lunch program. Applicant partnerships shall identify up to four IHEs
in Texas to serve as replication sites and up to four high-need LEAs
corresponding to each site. Each LEA and campus included in a shared
services arrangement must be high need according to the criteria listed
for a high-need LEA. The fiscal agent (i.e., applicant) must be the
IHE on behalf of the mathematics, science, or engineering department.
Description. The purpose of this program is to award a single grant
to create and support up to four mathematics and science teacher preparation
programs across the state by replicating a model program that has
a successful track record of increasing the number of highly qualified
mathematics and science teachers. The goals of this program are (1)
to develop up to four high-quality teacher preparation programs in
the state that effectively integrate in a four-year program a rigorous
mathematics and/or science major, research experience, acquisition
of effective teaching techniques, field experience, and teacher certification;
and (2) to increase the number of mathematics and science teachers
in high-need areas of the state that have both a thorough understanding
of high school level mathematics and science content as well as a
knowledge of curriculum development and instructional strategies.
The applicant selected must have the capacity and resources to begin
and implement the program at all four sites.
Dates of Project. The T-STEM Pre-service Teacher Preparation Program
will be implemented during the 2007-2008 and 2008-2009 school years
for up to four sites across the state. Applicants should plan for
a starting date of no earlier than October 1, 2007, and an ending
date of no later than August 31, 2009.
Project Amount. A total of approximately $1.7 million is available
for funding the T-STEM Pre-service Teacher Preparation Program. One
project will be selected to receive a maximum of $800,000 for the
2007-2008 school year and $900,000 for the 2008-2009 school year.
This project is funded 100 percent from Title II, Part B federal funds.
Selection Criteria. Applications will be selected based on the
independent reviewers' assessment of each applicant's ability to carry
out all requirements contained in the RFA. Reviewers will evaluate
applications based on the overall quality and validity of the proposed
grant programs and the extent to which the applications address the
primary objectives and intent of the project. Applications must address
each requirement as specified in the RFA to be considered for funding.
The TEA reserves the right to select from the highest-ranking applications
those that address all requirements in the RFA and that are most advantageous
to the project.
The TEA is not obligated to approve an application, provide funds,
or endorse any application submitted in response to this RFA. This
RFA does not commit TEA to pay any costs before an application is
approved. The issuance of this RFA does not obligate TEA to award
a grant or pay any costs incurred in preparing a response.
Requesting the Application. A complete copy of RFA #701-07-118
may be obtained by writing the Document Control Center, Room 6-108,
Texas Education Agency, William B. Travis Building, 1701 North Congress
Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing
(512) 463-9811; or by emailing dcc@tea.state.tx.us. Please refer to
the RFA number and title in your request. Provide your name, complete
mailing address, and phone number including area code. The announcement
letter and complete RFA will also be posted on the TEA website at
http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing
and downloading.
Further Information. For clarifying information about the RFA,
contact Karen Harmon, Division of Discretionary Grants, TEA, (512)
463-9269. In order to assure that no prospective applicant may obtain
a competitive advantage because of acquisition of information unknown
to other prospective applicants, any information that is different
from or in addition to information provided in the RFA will be provided
only in response to written inquiries. Copies of all such inquiries
and the written answers thereto will be posted on the TEA website
in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.
Deadline for Receipt of Applications. Applications must be received
in the Document Control Center of the TEA by 5:00 p.m. (Central Time),
Tuesday, September 11, 2007, to be considered for funding.
TRD-200702819
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 3, 2007
Agreed Orders
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Agreed Orders (AOs) in accordance with Texas Water Code (the
Code), §7.075. Section 7.075 requires that before the commission
may approve the AOs, the commission shall allow the public an opportunity
to submit written comments on the proposed AOs. Section 7.075 requires
that notice of the proposed orders and the opportunity to comment
must be published in the
Texas Register
no
later than the 30th day before the date on which the public comment
period closes, which in this case is
August
13, 2007.
Section 7.075 also requires that the commission promptly
consider any written comments received and that the commission may
withdraw or withhold approval of an AO if a comment discloses facts
or considerations that indicate that consent is inappropriate, improper,
inadequate, or inconsistent with the requirements of the statutes
and rules within the commission's jurisdiction or the commission's
orders and permits issued in accordance with the commission's regulatory
authority. Additional notice of changes to a proposed AO is not required
to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at
the applicable regional office listed as follows. Written comments
about an AO should be sent to the enforcement coordinator designated
for each AO at the commission's central office at P.O. Box 13087,
Austin, Texas 78711-3087 and must be
received
by 5:00 p.m. on August 13, 2007.
Written comments may also
be sent by facsimile machine to the enforcement coordinator at (512)
239-2550. The commission enforcement coordinators are available to
discuss the AOs and/or the comment procedure at the listed phone numbers;
however, §7.075 provides that comments on the AOs shall be submitted
to the commission in
writing.
(1) COMPANY: Dang Cong Huynh dba B & G Food Store; DOCKET NUMBER:
2007-0040-PST-E; IDENTIFIER: RN101643716; LOCATION: Fort Worth, Tarrant
County, Texas; TYPE OF FACILITY: property with underground storage
tank (UST); RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.47(a)(2),
by failing to permanently remove from service an existing UST system;
30 TAC §334.54(b), by failing to maintain all piping, pump, manways,
tank access points, and ancillary equipment in a capped, plugged,
locked, and/or otherwise secured manner to prevent access, tampering,
or vandalism by unauthorized persons; and 30 TAC §337.7(d)(3),
by failing to provide amended registration regarding USTs within 30
days from the date of occurrence of the change or addition; PENALTY:
$9,350; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL
OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: B & Z LLC dba B & B Mini Mart; DOCKET NUMBER:
2007-0695-PST-E; IDENTIFIER: RN101741957; LOCATION: Groves, Jefferson
County, Texas; TYPE OF FACILITY: convenience store with retail sales
of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and Texas Health &
Safety Code (THSC), §382.085(b), by failing to maintain Stage
II records on site; PENALTY: $1,020; ENFORCEMENT COORDINATOR: Chris
Holcomb, (512) 239-2541; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Gulf Coast Machine & Supply Company dba Gulfco;
DOCKET NUMBER: 2007-0616-IWD-E; IDENTIFIER: RN101517779; LOCATION:
Beaumont, Jefferson County, Texas; TYPE OF FACILITY: forging and industrial
machine shop; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant
Discharge Elimination System (TPDES) Permit Number WQ0001203000, Effluent
Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a),
by failing to comply with the permitted effluent limits; PENALTY:
$9,100; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL
OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER:
2007-0343-AIR-E; IDENTIFIER: RN100217389; LOCATION: Port Arthur, Jefferson
County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant;
RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a) and (c)(7),
Flexible Permit Number 16989 and PSD-TX-794, Special Conditions 1
and 27, and THSC, §382.085(b), by failing to prevent unauthorized
emissions; PENALTY: $37,800; Supplemental Environmental Project (SEP)
offset amount of $18,900 applied to South East Texas Regional Planning
Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT
COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex
Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(5) COMPANY: City of Madisonville; DOCKET NUMBER: 2007-0638-MWD-E;
IDENTIFIER: RN101719821; LOCATION: Madison County, Texas; TYPE OF
FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(9)(A)
and TPDES Permit Number 10215001, Monitoring and Reporting Requirements
Number 7, by failing to orally notify the TCEQ of an unauthorized
discharge; and the Code, §26.121(a) and TPDES Permit Number 10215001,
Permit Conditions 2(g), by failing to prevent the unauthorized discharge
of wastewater; PENALTY: $4,050; Supplemental Environmental Project
(SEP) offset amount of $3,240 applied to Texas Association of Resource
Conservation and Development Areas, Inc. (''RC&D'') - Wastewater
Treatment Assistance; ENFORCEMENT COORDINATOR: Samuel Short, (512)
239-5363; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas
76710-7826, (254) 751-0335.
(6) COMPANY: MeadWestvaco Texas, L.P.; DOCKET NUMBER: 2007-0332-IWD-E;
IDENTIFIER: RN102157609; LOCATION: Evadale, Jasper County, Texas;
TYPE OF FACILITY: pulp and paper mill; RULE VIOLATED: 30 TAC §305.125(1),
Permit Number WQ0000493000, Effluent Limitations and Monitoring Requirements,
and the Code, §26.121(a), by failing to comply with permit effluent
limits; PENALTY: $12,525; Supplemental Environmental Project (SEP)
offset amount of $5,010 applied to Texas Association of Resource Conservation
and Development Areas, Inc. (''RC&D'') - Wastewater Treatment
Assistance; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321;
REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892,
(409) 898-3838.
(7) COMPANY: Poly-America GP, LLC; DOCKET NUMBER: 2007-0595-IHW-E;
IDENTIFIER: RN100641752; LOCATION: Grand Prairie, Dallas County, Texas;
TYPE OF FACILITY: plastics manufacturing; RULE VIOLATED: 30 TAC §335.2(b),
by failing to prevent the transportation of industrial waste to an
unauthorized facility; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Clinton
Sims, (512) 239-6933; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth,
Texas 76118-6951, (817) 588-5800.
(8) COMPANY: PSC Recovery Systems, Inc.; DOCKET NUMBER: 2007-0455-IHW-E;
IDENTIFIER: RN100785195; LOCATION: Dallas, Dallas County, Texas; TYPE
OF FACILITY: wastewater/liquids pretreatment; RULE VIOLATED: 30 TAC §335.2(b),
by failing to prevent the receipt and processing of an unauthorized
F-listed hazardous waste; and 30 TAC §205.6 and the Code, §5.702,
by failing to pay fees for general permits storm water; PENALTY: $1,020;
ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE:
2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(9) COMPANY: City of Rockdale; DOCKET NUMBER: 2007-0353-MWD-E;
IDENTIFIER: RN101388288; LOCATION: Milam County, Texas; TYPE OF FACILITY:
wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(4)
and (5), TPDES Permit Number WQ0010658001, Permit Conditions Number
2.d., and the Code, §26.121(a), by failing to prevent the unauthorized
discharge and accumulation of sludge in the receiving stream; PENALTY:
$7,100; Supplemental Environmental Project (SEP) offset amount of
$7,100 applied to having the respondent hold a one-day city-wide used
tire collection clean up event and shall recycle reusable tires; ENFORCEMENT
COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 6801 Sanger
Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER:
2007-0514-MWD-E; IDENTIFIER: RN102314069; LOCATION: Brazoria County,
Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1),
TPDES Permit Number 10829001, Effluent Limitations and Monitoring
Requirements Number 1, and the Code, §26.121(a), by failing to
comply with ammonia-nitrogen permitted effluent limitations; and 30
TAC §305.125(17) and TPDES Permit Number 10829001, Monitoring
and Reporting Requirements Number 1, by failing to report daily average
and daily maximum flow; PENALTY: $2,970; Supplemental Environmental
Project (SEP) offset amount of $2,376 applied to Texas Association
of Resource Conservation and Development Areas, Inc. (''RC&D'')
- Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Merrilee
Hupp, (512) 239-4490; REGIONAL OFFICE: 5425 Polk Avenue, Suite H,
Houston, Texas 77023-1486, (713) 767-3500.
TRD-200702791
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 2, 2007
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Default Orders (DOs). The commission staff proposes a DO when
the staff has sent an executive director's preliminary report and
petition (EDPRP) to an entity outlining the alleged violations; the
proposed penalty; and the proposed technical requirements necessary
to bring the entity back into compliance; and the entity fails to
request a hearing on the matter within 20 days of its receipt of the
EDPRP or requests a hearing and fails to participate at the hearing.
Similar to the procedure followed with respect to Agreed Orders entered
into by the executive director of the commission, in accordance with
Texas Water Code (TWC), §7.075 this notice of the proposed order
and the opportunity to comment is published in the
A copy of each proposed DO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about the DO should be sent to the attorney designated for the DO
at the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be
received by 5:00
p.m. on August 13, 2007
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the
listed phone numbers; however, §7.075 provides that comments
on the DOs shall be submitted to the commission in
writing
.
(1) COMPANY: Azman Incorporated dba Shoppers Mart 1; DOCKET NUMBER:
2004-1286-PST-E; TCEQ ID NUMBER: RN102795689; LOCATION: 5032 Pinemont
Drive, Houston, Harris County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 Texas Administrative
Code (TAC) §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance for taking correction action and for compensating
third parties for bodily injury and property damage caused by accidental
releases arising from the operations of petroleum underground storage
tanks; and by failing to make timely penalty payments by violating
Commission Order Docket Number 2002-0522-PST-E; PENALTY: $3,930; STAFF
ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite
H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: Benavides Custom Homes, LLC; DOCKET NUMBER: 2006-0427-WQ-E;
TCEQ ID NUMBER: RN104014964; LOCATION: near Del Rio Highway 277 and
Veterans Boulevard, Eagle Pass, Maverick County, Texas; TYPE OF FACILITY:
construction site for custom homes; RULES VIOLATED: 30 TAC §281.25(a)(4);
40 Code of Federal Regulations (CFR) §122.26(a); and Texas Pollutant
Discharge Elimination System (TPDES) General Permit No. TXR150000
Part II, Section D3(d), by failing to post a copy of the Notice of
Intent at the Site in a location where it is readily available for
viewing; 30 TAC §281.25(a)(4); 40 CFR §122.26(a); and TPDES
General Permit No. TXR150000 Part II, Section D2(c), by failing to
post a signed copy of the construction site notice at the Site in
a location where it is readily available for viewing; 30 TAC §281.25(a)(4);
40 CFR §122.26(a); and TPDES General Permit No. TXR150000 Part
III, Section D1, by failing to have the Storm Water Pollution Prevention
Plan readily available at the time of an on-site inspection; and 30
TAC §205.6 and Texas Water Code (TWC), §5.702, by failing
to pay General Permit Storm Water fees for fiscal years 2005 and 2006,
for TCEQ Financial Administration Account No. 20006737; PENALTY: $3,150;
STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512)
239-6500; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton
Road, Suite 304, Laredo, Texas 78041-3638, (956) 791-6611.
(3) COMPANY: Dennis A. Holmes; DOCKET NUMBER: 2006-0265-WTR-E;
TCEQ ID NUMBER: RN103372447; LOCATION: 4525 Brookside Drive, Vidor,
Hardin County, Texas; TYPE OF FACILITY: public water supply; RULES
VIOLATED: 30 TAC §30.381(b), and Texas Health and Safety Code
(THSC), §341.034(a), by operating the facility on a contract
basis without an adequate license or registration issued by the commission;
PENALTY: $313; STAFF ATTORNEY: Shawn Slack, Litigation Division, MC
175, (512) 239-0063; REGIONAL OFFICE: Beaumont Regional Office, 3870
Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: G.Q. Enterprises Corporation dba Glenview Quick Mart;
DOCKET NUMBER: 2005-1959-PST-E; TCEQ ID NUMBER: RN103000592; LOCATION:
8015 Glenview Drive, North Richland Hills, Tarrant County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate
acceptable financial assurance for taking corrective action and compensating
third parties for bodily injury and property damage caused by accidental
releases arising from the operation of petroleum USTs; 30 TAC §334.22(a)
and TWC, §5.702, by failing to pay outstanding fees for TCEQ
Account No. 0063833U for fiscal year 2006; PENALTY: $1,050; STAFF
ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive,
Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: James R. Coleman dba Coleman Cleaners; DOCKET NUMBER:
2006-1446-DCL-E; TCEQ ID NUMBER: RN103952735; LOCATION: 2406 South
Beckley Avenue, Dallas, Dallas County, Texas; TYPE OF FACILITY: dry
cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e) and
THSC, §374.102; by failing to renew the facility's registration
by completing and submitting the required registration form to the
TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185;
STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512)
239-0617; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309
Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: Mannesmann DMV Stainless USA, Inc. fka DMV Stainless
USA, Inc.; DOCKET NUMBER: 2006-1577-AIR-E; TCEQ ID NUMBER: RN100210962;
LOCATION: 12050 West Little York Road, Houston, Harris County, Texas;
TYPE OF FACILITY: stainless tubing and piping production plant; RULES
VIOLATED: 30 TAC §122.146(2); Federal Operating Permit No. O-01340,
General Terms and Conditions; and THSC, §382.085(b), by failing
to submit a complete annual compliance certification for Federal Operating
Permit No. O-01340 in a timely manner; PENALTY: $3,225; STAFF ATTORNEY:
Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston,
Texas 77023, (713) 767-3500.
(7) COMPANY: Maria E. Warren dba Peppers Pit Stop; DOCKET NUMBER:
2004-0515-PST-E; TCEQ ID NUMBER: RN101435410; LOCATION: northwest
corner of Highway 175 and Highway 59, Montague, Montague County, Texas;
TYPE OF FACILITY: convenience store with retail sales of gasoline;
RULES VIOLATED: 30 TAC §334.49(c)(4) and §334.49(c)(2)(C),
and TWC, §26.3475; by failing to inspect and test the cathodic
protection system for operability and adequacy of protection at least
once every three years and by failing to inspect the impressed current
cathodic protection system at least once every 60 days to ensure that
the rectifier and other system components are operating properly;
30 TAC §37.815(a) and (b), by failing to demonstrate acceptable
financial assurance for taking corrective action and for compensating
third parties for bodily injury and property damage caused by accidental
releases arising from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A)
and TWC, §26.3475(c)(1), by failing to monitor for releases from
the facility(s UST system at least once per month (not to exceed 35
days between each monitoring), by using one or more of the release
detection methods; 30 TAC §334.8(c)(5)(C), by failing to ensure
that a legible tag, label, or marking is permanently applied upon
or affixed to either the top of the fill tube or to a nonremovable
point near the fill tube that corresponds to the UST identification
number listed on the registration and self-certification form; 30
TAC §334.50(d)(1)(B)(ii) and §334.48(c), by failing to conduct
effective inventory control procedures for all UST systems at a retail
service station; and 30 TAC §334.22(a) and (b), by failing to
pay a late fee of $7.50 for UST annual facility fee, TCEQ Financial
Administration (FA) Account No. 0058667U; PENALTY: $19,000; STAFF
ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320;
REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard,
Abilene, Texas 79602-7833, (325) 698-9674.
(8) COMPANY: Mario Ramos and Olga Ramos; DOCKET NUMBER: 2006-0377-OSS-E;
TCEQ ID NUMBER: RN104298245; LOCATION: 508 East Carolyn Street, Hebbronville,
Jim Hogg County, Texas; TYPE OF FACILITY: on-site sewage facility;
RULES VIOLATED: 30 TAC §285.70 and THSC, §366.017(b), by
failing to repair the malfunctioning facility; PENALTY: $688; STAFF
ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627;
REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue,
Harlingen, Texas 78550-5247, (956) 425-6010.
(9) COMPANY: Meldimaa Enterprise, Inc. dba Silverline Dry Cleaners;
DOCKET NUMBER: 2006-1132-DCL-E; TCEQ ID NUMBERS: RN103962411, RN104992219,
RN104992227, and RN104992243; LOCATION: 2501 Country Road (CR) 89,
Suite B, Pearland, (the CR 89 site), and dry cleaner drop stations
at 15058 Highway 6, Rosharon, (the Rosharon site), 1801 Country Place
Parkway, Pearland, (the Country Place site), and 10228 Broadway Street,
Suite 148, (the Broadway site) Pearland, Brazoria County, Texas; TYPE
OF FACILITIES: dry cleaning facility and dry cleaner drop stations;
RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by
failing to register the facilities with the commission; PENALTY: $4,740;
STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019;
REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite
H, Houston, Texas 77023, (713) 767-3500.
(10) COMPANY: Mohammad Haroon Memon dba Exclusive Cleaners; DOCKET
NUMBER: 2006-1295-DCL-E; TCEQ ID NUMBER: RN104990593; LOCATION: 4152
Cole Avenue, Suite 102, Dallas, Dallas County, Texas; TYPE OF FACILITY:
dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e)
and THSC, §374.102, by failing to renew the facility(s registration
by completing and submitting the required registration form to the
TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c)
and TWC, §5.702, by failing to pay dry cleaner registration fees
for TCEQ FA No. 24002297 and associated late fees for Fiscal Years
2004, 2005 and 2006; PENALTY: $1,185; STAFF ATTORNEY: Mary Hammer,
Litigation Division MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort
Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-200702796
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 2, 2007
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075.
Section 7.075 requires that before the commission may approve the
AOs, the commission shall allow the public an opportunity to submit
written comments on the proposed AOs. Section 7.075 requires that
notice of the opportunity to comment must be published in the
A copy of each proposed AO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about an AO should be sent to the attorney designated for the AO at
the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be
received by 5:00
p.m. on August 13, 2007
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the
listed phone number; however, §7.075 provides that comments on
an AO shall be submitted to the commission in
writing
.
(1) COMPANY: Adolfo Tapia; DOCKET NUMBER: 2005-1654-AGR-E; TCEQ
ID NUMBER: RN102953007; LOCATION: approximately two miles north of
Farm-to-Market Road 1692, Klattenhoff Road, Tom Green County, Texas;
TYPE OF FACILITY: dairy; RULES VIOLATED: 30 Texas Administrative Code
(TAC) §§321.36(j)(2) and (3), 321.46(b)(10), 321.46(d)(2),
(3), (7), (8)(C) and (8)(G), 305.125(1), General Permit No. TXG920000,
Part III.A.16(h), Part IV.A(1)(a), (2)(b)(1)(iii) and (vii), Part
IV.A.(2)(b)(2)(ii), Part IV.A.(4), and Part IV.B.(1)(b) and (c), by
failing to maintain records of all employee training, including the
dates when training occurred; all measurable rainfall events; acreage
of each individual crop on which manure, litter, or wastewater is
applied; the weather conditions during the land application and 24
hours before and after the land application; the name and address
of the recipient of manure; and descriptions of the findings of each
inspection conducted and by failing to provide correct information
for the total manure, litter, and wastewater generated and land applied
to each land management unit (LMU) during the last 12 months on the
2004 annual report form; 30 TAC §305.125(1) and General Permit
No. TXG920000, Part IV.B.(2)(b) and Part II.C.8(a), by failing to
notify the TCEQ San Angelo Regional Office at least 48 hours prior
to a change in the number or configuration of land management units
(LMUs) and by failing to submit a Notice of Change letter within 14
days upon becoming aware that relevant facts pertaining the use of
additional LMUs had not been included as attachments to the Notice
of Intent used to obtain authorization to discharge under General
Permit No. TXG920000; 30 TAC §305.125(1) and General Permit No.
TXG920000, Part III.A.2(a) and (b), by failing to prepare the site
map and land application map in accordance with the requirements of
General Permit No. TXG920000; 30 TAC §321.46(a)(6) and §305.125(1)
and General Permit No. TXG920000, Part III.A.1.(a)(2) and (3) and
4.(a), (b), (c), and (d) and Part III.A.3, by failing to include in
the Pollution Prevention Plan (PPP) a description of all potential
pollutant sources, including the types of pollutant sources, and all
measures that will be used to prevent contamination from the pollutant
sources; 30 TAC §305.125(1), General Permit No. TXG920000, Part
III.A.6(f) and A.9(b)(2), by failing to stabilize embankment walls
of retention control structure (RCS) No. 2 and protect the liners
of RCS Nos. 1 and 2 from animals and trees; 30 TAC §321.31(a)
and §305.125(1), General Permit No. TXG920000, Part III.A.11,
Texas Water Code (TWC), §26.121(c), by failing to prevent unauthorized
discharges of waste by land applying liquid wastewater and solid manure
waste to unauthorized sites; 30 TAC §305.125(1) and §321.40(e)
and (f) and General Permit No. TXG920000, Part III.A.11(b)(2) and
(d)(1), by failing to prevent the land application of waste on saturated
ground or during rainfall events and by failing to manage irrigation
practices to minimize ponding or puddling or wastewater on the site;
PENALTY: $13,104; STAFF ATTORNEY: Rachael Gaines, Litigation Division,
MC R-12, (713) 422-8916; REGIONAL OFFICE: San Angelo Regional Office,
622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(2) COMPANY: Mark A. Mouton; DOCKET NUMBER: 2006-0095-OSI-E; TCEQ
ID NUMBER: RN103748133; LOCATION: 13329 Highway 326 North, Kountze,
Hardin County, 345 Jones Road, and 6800 North Highway 105, Vidor,
Orange County, Texas; TYPE OF FACILITY: on-site sewage facilities
(OSSFs); RULES VIOLATED: 30 TAC §285.5(a) and §285.61(4),
and Texas Health and Safety Code (THSC), §366.051(c) and §366.053(a),
by failing to obtain documentation that the owner or the owner's agent
had acquired an Authorization to Construct before beginning the construction
of an OSSF and by failing to submit planning materials and a permit
application prior to beginning construction, alteration or repair
of an OSSF; and 30 TAC §285.5(b)(1) and §285.61(4), and
THSC, §366.051(c), by failing to obtain documentation that the
owner or the owner's agent had acquired an Authorization to Construct
before beginning the construction of an OSSF; PENALTY: $960; STAFF
ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846;
REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont,
Texas 77703-1892, (409) 898-3838.
(3) COMPANY: Solutia Inc.; DOCKET NUMBER: 2005-0166-AIR-E; TCEQ
ID NUMBER: RN100238682; LOCATION: Farm-to-Market (FM) Road 2917, approximately
11 miles southeast of Alvin and approximately 8 miles south of the
intersection of Texas Highway 35 and FM 2917, Brazoria County, Texas;
TYPE OF FACILITY: organic chemical production plant; RULES VIOLATED:
30 TAC §116.115(c); and Air Permit No. 18251, Special Condition
No. 4, and THSC, §382.085(b), by failing to comply with permitted
emission limits during an emission event on November 17, 2004. Since
the emission event was avoidable and not properly reported, Solutia
failed to meet the demonstration criteria for an affirmative defense
under 30 TAC §101.222; 30 TAC §101.201(a)(1)(B), and THSC, §382.085(b),
by failing to report the November 17, 2004 emission event within 24
hours after its discovery; 30 TAC §122.143(4); and Air Permit
No. O-01258, Special Terms and Conditions No. 3.A.iii, and THSC, §382.085(b),
by failing to maintain records documenting quarterly opacity observations
of tank 55T12 and scrubber 55K1, and reported in a deviation report
for the period of June 1, 2004 - November 30, 2004 for the NTA unit;
30 TAC §116.115(b); Air Permit No. 2271, General Condition No.
8; and THSC, §382.085(b), by failing to comply with the permitted
short-term ammonia emissions limits for scrubber 55K1, and reported
in a deviation report for the period of December 1, 2004 - May 31,
2005 for the NTA unit; 30 TAC §116.115(b) and §116.116(a)(1);
Air Permit No. 2271, General Condition No. 1; and THSC, §382.085(b),
by failing to comply with permit representations relating to annual
hexamethylenetetramine production, annual ammonia usage, and annual
ammonia production, and reported in a deviation report for the period
of June 1, 2004 - November 30, 2004 for the NTA unit; 30 TAC §122.132(e)(2)
and THSC, §382.085(b), by failing to include the following emission
units in the Title V application: 55S101, 55S102, 55S103 and 55S104;
30 TAC §115.146(2) and THSC, §382.085(b), by failing to
maintain records documenting the volatile organic compound concentration
of the exhaust gas associated with 57T5 in order to demonstrate proper
function of the carbon canister control equipment, and reported in
a deviation report for the period of June 1, 2004 - November 30, 2004
for the DPO unit; 30 TAC §116.110(a) and THSC, §382.085(b),
by failing to obtain authorization for the carbon absorption system
on wastewater tank 57T5 prior to installation, and reported in a deviation
report for the period of June 1, 2004 - November 30, 2004 for the
DPO unit; 30 TAC §116.116(a)(1); Air Permit No. 3046, General
Condition No. 1; and THSC, §382.085(b), by failing to operate
residue strip tank 57T34 on June 12 and 28, 2004 and August 16, 2004
within temperature ranges specified in the permit application, and
reported in a deviation report for the period of June 1, 2004 - November
30, 2004 for the DPO unit; 30 TAC §116.116(b)(1)(C); Air Permit
No. 3046, General Condition No. 8; and THSC, §382.085(b), by
failing to include all gas streams going to vent condenser 57E22 in
the emission estimates and permit application which resulted in emissions
from vent condenser 57E22 exceeding rolling annual permitted emission
limits, and reported in a deviation report for the period of June
1, 2004 - November 30, 2004 for the DPO unit; and 30 TAC §116.115(c);
Air Permit No. 18251, Special Condition No. 4; and THSC, §382.085(b),
by failing to prevent unauthorized emissions during an October 9,
2005 emission event. Since the emission was avoidable, Solutia failed
to meet the demonstration criteria for an affirmative defense under
30 TAC 101.222; PENALTY: $95,490; Supplemental Environmental Project
(SEP) offset amount of $47,745 applied to Houston-Galveston Area Emission
Reduction Credit Organization (AERCO); STAFF ATTORNEY: Kathleen Decker,
Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston
Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023,
(713) 767-3500.
(4) COMPANY: Solutia Inc; DOCKET NUMBER: 2006-1599-AIR-E; TCEQ
ID NUMBER: RN100238682; LOCATION: FM Road 2917, approximately 11 miles
southeast of Alvin and approximately 8 miles south of the intersection
of Texas Highway 35 and FM 2917, Brazoria County, Texas; TYPE OF FACILITY:
organic chemical production plant; RULES VIOLATED: 30 TAC §116.115(c);
Air Permit No. 18251, Special Condition No. 4, and THSC, §382.085(b),
by failing to prevent an unauthorized emissions during a January 11,
2004 emissions event. Since the emission was avoidable, Solutia failed
to meet the demonstration criteria for an affirmative defense under
30 TAC §101.222; 30 TAC §116.115(c); Air Permit No. 18251,
Special Condition No. 4, and THSC, §382.085(b), by failing to
prevent an unauthorized emission during an emission event that started
on November 2, 2004. Since the emission event was not properly reported,
Solutia failed to meet the demonstration criteria for an affirmative
defense under 30 TAC §101.222; 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to report an emission event
within 24 hours after its discovery; 30 TAC §16.115(c), Air Permit
No. 18251, Special Condition No. 4, and THSC, §382.085(b), by
failing to prevent unauthorized emissions during an emission event
that started on November 15, 2004. Since the emission event was avoidable,
Solutia failed to meet the demonstration criteria for an affirmative
defense under 30 TAC §101.222; 30 TAC §116.115(c); Air Permit
No. 18251, Special Condition No. 4, and TSHC, §382.085(b), by
failing to prevent unauthorized emissions during an emission event
that started on November 1, 2004. Since the emission event was not
properly reported, Solutia failed to meet the demonstration criteria
for an affirmative defense under 30 TAC §101.222; 30 TAC §101.201(a)(1)(B)
and THSC, §382.085(b), by failing to report an emission event
within 24 hours after its discovery; 30 TAC §116.115(c); Air
Permit No. 18251, Special Condition No. 4; and THSC, §382.085(b),
by failing to prevent unauthorized emissions. Since the emission event
was not reported within 24 hours of discovery, Solutia failed to meet
the demonstration criteria for an affirmative defense under 30 TAC §101.222;
and 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing
to make initial notification within 24 hours of discovery of an emissions
event that started November 12, 2005; PENALTY: $45,597; SEP offset
amount of $22,798 applied to Houston-Galveston (AERCO). STAFF ATTORNEY:
Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston,
Texas 77023, (713) 767-3500.
(5) COMPANY: Sonal Enterprises Inc. dba Stop N Joy; DOCKET NUMBER:
2005-0031-PST-E; TCEQ ID NUMBER: RN101903813; LOCATION: 5214 Callaghan
Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to demonstrate acceptable financial assurance
for taking corrective action and for compensating third parties for
bodily injury and property damage caused by accidental releases arising
from the operation of petroleum underground storage tanks (USTs);
PENALTY: $2,850; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division,
MC 175, (512) 239-5846; REGIONAL OFFICE: San Antonio Regional Office,
14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200702795
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 2, 2007
The Texas Commission on Environmental Quality (commission) staff
is providing an opportunity for written public comment on the listed
Shutdown/Default Orders (S/DOs). Texas Water Code (TWC), §26.3475
authorizes the commission to order the shutdown of any underground
storage tank (UST) system found to be noncompliant with release detection,
spill and overfill prevention, and/or, after December 22, 1998, cathodic
protection regulations of the commission, until such time as the owner/operator
brings the UST system into compliance with those regulations. The
commission proposes a Shutdown Order after the owner or operator of
a UST facility fails to perform required corrective actions within
30 days after receiving notice of the release detection, spill and
overfill prevention, and/or, after December 22, 1998, cathodic protection
violations documented at the facility. The commission proposes a Default
Order when the staff has sent an executive director's preliminary
report and petition (EDPRP) to an entity outlining the alleged violations;
the proposed penalty; and the proposed technical requirements necessary
to bring the entity back into compliance; and the entity fails to
request a hearing on the matter within 20 days of its receipt of the
EDPRP or requests a hearing and fails to participate at the hearing.
In accordance with TWC, §7.075, this notice of the proposed order
and the opportunity to comment is published in the
Copies of each of the proposed S/DO is available for public inspection
at both the commission's central office, located at 12100 Park 35
Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400
and at the applicable regional office listed as follows. Written comments
about the S/DO shall be sent to the attorney designated for the S/DO
at the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be
received by 5:00
p.m. August 13, 2007
. Written comments may also be sent by
facsimile machine to the attorney at (512) 239-3434. The commission
attorneys are available to discuss the S/DOs and/or the comment procedure
at the listed phone numbers; however, comments on the S/DOs shall
be submitted to the commission in
writing
.
(1) COMPANY: IZ, Inc. dba IZ Food Mart; DOCKET NUMBER: 2006-1825-PST-E;
TCEQ ID NUMBER: RN102239035; LOCATION: 699 West Renner Road, Richardson,
Collin County, Texas; TYPE OF FACILITY: convenience store with retail
sales of gasoline; RULES VIOLATED: 30 Texas Administrative Code (TAC) §115.244(1)
and (3) and Texas Health and Safety Code (THSC), §382.085(b),
by failing to conduct daily and monthly inspections of the Stage II
vapor recovery system; 30 TAC §115.248(1) and THSC, §382.085(b),
by failing to ensure that at least one station representative received
training in the operation and maintenance of the Stage II vapor recovery
system; 30 TAC §115.246(1) and THSC, §382.085(b), by failing
to maintain records on-site of all required Stage I and Stage II records
pertaining to a underground storage tank (UST) system and make immediately
available for inspection by commission personnel; 30 TAC §115.242(3)(A)
and (9), and THSC, §382.085(b), by failing to provide and maintain
the Stage II vapor recovery system in proper operating condition,
as specified by the manufacturer and/or any applicable California
Air Resources Board Executive Order(s), and free of defects that would
impair the effectiveness of the system, including, but not limited
to absence or disconnection of any component that is a part of the
approved system and by failing to post operating instructions conspicuously
on the front of each gasoline dispensing pump equipped with a Stage
II vapor recovery system; 30 TAC §334.50(a)(1)(A) and TWC, §26.3475(c)(1),
by failing to provide a method of release detection capable of detecting
a release from any portion of the UST system which contained regulated
substances including tanks, piping, and other ancillary equipment;
and 30 TAC §334.48(c), by failing to conduct effective manual
or automatic inventory control procedures for all USTs involved in
the retail sales of petroleum substances used as motor fuel each operating
day; PENALTY: $25,000; STAFF ATTORNEY: Kathleen Decker, Litigation
Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth
Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951,
(817) 588-5800.
TRD-200702794
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 2, 2007
The following notices were issued during the period of June 28,
2007.
The following require the applicants to publish notice in a newspaper.
Public comments, requests for public meetings, or requests for a contested
case hearing may be submitted to the Office of the Chief Clerk, Mail
Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS
OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
DL UTILITIES, INC. has applied for a major amendment to TPDES Permit
No. 12493-001 to authorize the provision of odor control measure,
a vegetative barrier, at the wastewater treatment facility instead
of ownership of the entire buffer zone area. The current permit authorizes
the discharge of treated domestic wastewater at a daily average flow
not to exceed 500,000 gallons per day. The facility is located approximately
3.5 miles east of the intersection of Farm-to-Market Road 149 and
Farm-to-Market Road 1097 in Montgomery County, Texas.
EAGLE MOUNTAIN RV PARK, LLC has applied for a renewal of TPDES
Permit No. WQ0012909001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 6,000 gallons
per day. The facility is located north of the intersection of Bud
Cross Drive and McRee Street, approximately 1.7 miles northwest of
the intersection of Farm-to-Market Road 1220 (Morris-Ditto-Newark
Road) and East Peden Road in Tarrant County, Texas.
TOWN OF LITTLE ELM has applied for a renewal of TPDES Permit No.
11600-001, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 3,000,000 gallons per day.
The facility is located approximately 1,000 feet south of Farm-to-Market
Road 720 and approximately 2,600 feet east of the intersection of
Farm-to-Market Road 720 and Hart Road in Denton County, Texas.
RELIANT PROCESSING GROUP LLC which proposes to operate a carbon
dioxide manufacturing, storage and distribution plant called Reliant
Processing - Muleshoe Facility, has applied for a new permit, Proposed
Permit No. WQ0004811000, to authorize the disposal of once-through
condenser water at a daily average flow not to exceed 4,320 gallons
per day via irrigation of 1.95 acres. This permit will not authorize
a discharge of pollutants into water in the State. The facility and
land application site are located six miles west of Muleshoe on Farm-to-Market
Road 1760 in the City of Muleshoe, Bailey County, Texas.
TRUCKER'S CORNER, L.P. has applied for a new permit, proposed Texas
Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014769001,
to authorize the discharge of treated domestic wastewater at a daily
average flow not to exceed 15,000 gallons per day. The facility will
be located at 101 Cornelius Road north, in the town of Carl's Corner,
on Interstate Highway 35 East, approximately 5 miles north of the
City of Hillsboro in Hill County, Texas.
INFORMATION SECTION
To view the complete issued notices, view the notices on our web
site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call
the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of
the complete notice. When searching the web site, type in the issued
date range shown at the top of this document to obtain search results.
If you need more information about these permit applications or
the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can
be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200702827
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 3, 2007
Notices issued June 27, 2007 through June 29, 2007.
APPLICATION NO. 12162; ETC Katy Pipeline, Ltd., 800 East Sonterra
Boulevard, Suite No. 400, San Antonio, Texas 78258, Applicant, has
applied for a Temporary Water Use Permit to divert and use not to
exceed 61.3 acre-feet of water within a period of one year from Lake
Charmaine, on an unnamed tributary of Mangus Branch, Neches River
Basin for industrial purposes in Trinity, Polk, Tyler and Hardin Counties.
The application was received on March 2, 2007, and additional information
and fees were received on April 25, 2007. The application was declared
administratively complete and filed with the Office of the Chief Clerk
on May 2, 2007. Written public comments and requests for a public
meeting should be submitted to the Office of the Chief Clerk at the
address provided in the information section below by July 17, 2007.
APPLICATION NO. 12145; Pat Gerald and LaNell Gerald, 106 College
Street, Sulphur Springs, TX 75482, Applicant, have applied for a Water
Use Permit to divert not to exceed 35.00 acre-feet of water from White
Oak Creek, Sulphur River Basin for storage in an off-channel reservoir
and subsequent diversion and use for agricultural (irrigation) purposes
in Hopkins County. The application and fees were received on December
14, 2006. Additional information was received on February 26 and April
19, 2007. The application was accepted for filing and declared administratively
complete on April 24, 2007. Written public comments and requests for
a public meeting should be submitted to the Office of Chief Clerk,
at the address provided in the information section below, within 30
days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web
site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call
the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of
the complete notice. When searching the web site, type in the issued
date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment,
and is not a contested case hearing.
The Executive Director can consider approval of an application
unless a written request for a contested case hearing is filed. To
request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any: (2)
applicant's name and permit number; (3) the statement "[I/we] request
a contested case hearing;" and (4) a brief and specific description
of how you would be affected by the application in a way not common
to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the TCEQ
Office of the Chief Clerk at the address provided in the information
section below.
If a hearing request is filed, the Executive Director will not
issue the requested permit and may forward the application and hearing
request to the TCEQ Commissioners for their consideration at a scheduled
Commission meeting.
Written hearing requests, public comments or requests for a public
meeting should be submitted to TCEQ, Office of the Chief Clerk, MC
105, P.O. Box 13087, Austin, TX 78711-3087. For information concerning
the hearing process, please contact the Public Interest Counsel, MC
103, at the same address. For additional information, individual members
of the general public may contact the Office of Public Assistance
at 1-800-687-4040. General information regarding the TCEQ can be found
at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200702828
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 3, 2007
The State Office of Administrative Hearings issued a Proposal
for Decision and Order to the Texas Commission on Environmental Quality
on July 2, 2007, in the matter of the Executive Director of the Texas
Commission on Environmental Quality, Petitioner v. Brandy Carter dba
Carter's Cleaners; SOAH Docket No. 582-07-1252; TCEQ Docket No. 2006-0772-DCL-E.
The commission will consider the Administrative Law Judge's Proposal
for Decision and Order regarding the enforcement action against Brandy
Carter dba Carter's Cleaners on a date and time to be determined by
the Office of the Chief Clerk in Room 201S of Building E, 12100 N.
Interstate 35, Austin, Texas. This posting is Notice of Opportunity
to Comment on the Proposal for Decision and Order. The comment period
will end 30 days from date of this publication. Written public comments
should be submitted to the Office of the Chief Clerk, MC-105, TCEQ,
P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions
or need assistance, please contact Paul Munguía, Office of
the Chief Clerk, (512) 239-3300.
TRD-200702829
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 3, 2007
Notice of Adopted Reimbursement Rate for Non-State Operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR)
Adopted Rates. As the single state agency for the state Medicaid
program, the Texas Health and Human Services Commission (HHSC) has
adopted the following per diem reimbursement rates for non-state operated
Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR).
The proposed rates and public hearing notice were published in the
May 25, 2007, issue of the Texas Register (32 TexReg 2909).
Payment rates are adopted to be effective June 1, 2007, as follows:
Per Diem Rates for Non-state Operated ICF/MR Services by Level of Need and Facility Size.
Methodology and justification. The adopted rates in the chart above
were determined in accordance with the rate setting methodology codified
as Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter
D, §355.456(d) (relating to the Rate Setting Methodology for
non-state operated facilities). These rates were subsequently adjusted
in accordance with 1 TAC Chapter 355, Subchapter A, §355.101
(relating to Introduction) and §355.109 (relating to Adjusting
Reimbursement When New Legislation, Regulations or Economic Factors
Affect Costs). The rate changes are being made to due to increased
appropriations by the Legislature for these facilities.
TRD-200702813
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 2, 2007
The Health and Human Services Commission (HHSC) is submitting notification
to the Centers for Medicare and Medicaid Services of the State's termination
of the State Children's Health Insurance Program (SCHIP) Demonstration
Waiver granted under the authority of Section 1115(a) of the Social
Security Act (42 U.S.C. Section 1315(a)). The effective date of the
waiver termination is September 1, 2007.
The purpose of this waiver was to allow HHSC to modify the cost-sharing
requirement for certain families to enroll in the Children's Health
Insurance Program (CHIP). This waiver replaced the CHIP monthly premiums
for enrollees above 133 percent of the federal poverty level (FPL)
up to and including 150 percent FPL with a semi-annual $25 enrollment
fee. The State is terminating this waiver because effective September
1, 2007, this population will be exempt from paying an enrollment
fee.
For additional information, please contact Carmen Samilpa-Hernandez,
Program Specialist in the Medicaid and CHIP Division, by telephone
at (512) 491-1128 or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200702792
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 2, 2007
The Texas Health and Human Services Commission (HHSC) announces
its intent to submit Amendment 18 to the Texas State Plan for the
State Children's Health Insurance Program (SCHIP) under Title XXI
of the Social Security Act. The proposed effective date of this amendment
is September 1, 2007.
This amendment implements the changes made to Texas CHIP by H.B.
109, 80th Legislature, Regular Session, 2007. This amendment changes
the way in which income eligibility for the program is calculated.
Currently, an applicant's gross family income is considered in determining
eligibility. The amendment changes this calculation to consider an
applicant's countable income up to and including 200 percent of the
federal poverty level (FPL). Countable income is defined as gross
income minus eligible child care expenses. Additionally, the amendment
increases the amount of assets that a family can own and still be
eligible for CHIP.
The amendment also increases the length of coverage under the program
from 6 months to 12 months. The amendment maintains an income eligibility
check every 6 months for children with family incomes over 185 percent
of FPL and aligns the cost sharing requirements with the new 12-month
coverage period. In addition, the amendment eliminates enrollment
fees for those families with incomes above 133 percent up to and including
150 percent of FPL. Finally, the amendment eliminates the 3-month
waiting period, except for children covered by a health benefits plan
at any time during the 90 days prior to the date of application.
HHSC anticipates that the proposed amendment to the State Plan
will result in annual aggregate spending of approximately $76,174,083
for Federal Fiscal Year (FFY) 2008, with approximately $51,203,592
in federal funds and approximately $24,970,491 in state general revenue,
and annual aggregate spending of approximately $155,858,804 for FFY
2009, with approximately $106,082,654 in federal funds and approximately
$49,776,150 in state general revenue.
For additional information, please contact Kendra Sippel in the
Acute Care Policy Development Unit for the Medicaid and CHIP Division
by telephone at (512) 491-5594 or by e-mail at kendra.sippel@hhsc.state.tx.us.
TRD-200702793
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 2, 2007
Request for Proposals for Facilitation of the Texas Course Redesign Project
Purpose: The THECB is requesting Proposals from nonprofit organizations
with expertise in developing and delivering courses in a cost-effective
manner to facilitate the Texas Course Redesign Project (TCRP). The
selected organization will facilitate the redesign of developmental
and entry-level academic courses across multiple institutions. The
selected organization will teach teams from institutions a methodology
for infusing technology into courses and modifying pedagogy and delivery
systems to increase learning outcomes and reduce instructional costs.
Authority: §61.0763 of the Texas Education Code requires the
Texas Higher Education Coordinating Board to implement a project under
which institutions of higher education selected by the board will
review and revise entry-level lower division academic courses "to
improve student learning and reduce the cost of course delivery."
The statute also states that the board shall implement the project
"with the assistance of advisory committees and nonprofit organizations
with expertise in methodologies for developing and delivering college-level
courses in a cost-effective manner." Section 61.0762 of the Texas
Education Code requires the Board by rule to "develop incentive programs
for institutions of higher education that implement research-based,
innovative developmental education initiatives to enhance the success
of students".
Eligible Proposals: Nonprofit organizations with expertise in course
redesign.
General Selection Criteria: Competitive. Designed to award contract
that provides the best overall value to the state. Selection criteria
shall be based primarily on project quality, cost, and impact the
project will have on successfully managing a set of course redesign
projects.
Available Funds: Up to $400,000.
Grant Award: Minimum: None. Maximum: $400,000.
Grant Period: One-year renewable contract from on or about August
1, 2007 to August 31, 2008.
Disbursement: Payment schedule upon receipt of deliverables and
dependent on negotiated contract terms.
Carryover Funds: Unencumbered funds may carry over beyond the grant
period if specifically authorized by the Coordinating Board.
Application Deadline: Applications must be postmarked (or otherwise
dated for overnight delivery by July 27, 2007. Applications may also
be received electronically by 5:00 p.m., July 27, 2007. E-mail applications
to: kevin.lemoiner@thecb.state.tx.us
More Information: Contact Dr. Kevin Lemoine, Senior Program Director,
Instruction and Academic Affairs, Division of Academic Affairs and
Research, at (512) 427-6226, or by e-mail at: kevin.lemoine.hetzler@thecb.state.tx.us.
TRD-200702786
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: June 29, 2007
Instant Game Number 779 "$50,000 Maximum Payout"
1.0 Name and Style of Game.
A. The name of Instant Game No. 779 is "$50,000 Maximum Payout".
The play style for this game is "key number match with auto win".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 779 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 779.
A. Display Printing - That area of the instant game ticket outside
of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the
Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front
of the instant ticket that is used to determine eligibility for a
prize. Each Play Symbol is printed in Symbol font in black ink in
positive except for dual-image games. The possible black play symbols
are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18,
19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35,
36, 37, 38, 39, 40, STAR SYMBOL, DOLLAR BILL SYMBOL, $5.00, $10.00,
$15.00, $20.00, $50.00, $100, $200, $2,000, and $50,000.
D. Play Symbol Caption - The printed material appearing below each
Play Symbol which explains the Play Symbol. One caption appears under
each Play Symbol and is printed in caption font in black ink in positive.
The Play Symbol Caption which corresponds with and verifies each Play
Symbol is as follows:
E. Retailer Validation Code - Three (3) letters found under the
removable scratch-off covering in the play area, which retailers use
to verify and validate instant winners. These three (3) small letters
are for validation purposes and cannot be used to play the game. The
possible validation codes are:
Low-tier winning tickets use the required codes listed in Figure
2. Non-winning tickets and high-tier tickets use a non-required combination
of the required codes listed in Figure 2 with the exception of ∅,
which will only appear on low-tier winners and will always have a
slash through it.
F. Serial Number - A unique 13 (thirteen) digit number appearing
under the latex scratch-off covering on the front of the ticket. There
is a boxed four (4) digit Security Number placed randomly within the
Serial Number. The remaining nine (9) digits of the Serial Number
are the Validation Number. The Serial Number is positioned beneath
the bottom row of play data in the scratched-off play area. The Serial
Number is for validation purposes and cannot be used to play the game.
The format will be: 0000000000000.
G. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
H. Mid-Tier Prize - A prize of $25.00, $50.00, $100 or $200.
I. High-Tier Prize - A prize of $2,000 or $50,000.
J. Bar Code - A 22 (twenty-two) character interleaved two (2) of
five (5) bar code which will include a three (3) digit game ID, the
seven (7) digit pack number, the three (3) digit ticket number and
the nine (9) digit Validation Number. The bar code appears on the
back of the ticket.
K. Pack-Ticket Number - A 13 (thirteen) digit number consisting
of the three (3) digit game number (779), a seven (7) digit pack number,
and a three (3) digit ticket number. Ticket numbers start with 001
and end with 075 within each pack. The format will be: 779-0000001-001.
L. Pack - A pack of "$50,000 Maximum Payout" Instant Game tickets
contains 75 tickets, packed in plastic shrink-wrapping and fanfolded
in pages of one (1). The packs will alternate. One will show the front
of ticket 001 and back of 075 while the other fold will show the back
of ticket 001 and front of 075.
M. Non-Winning Ticket - A ticket which is not programmed to be
a winning ticket or a ticket that does not meet all of the requirements
of these Game Procedures, the State Lottery Act (Texas Government
Code, Chapter 466), and applicable rules adopted by the Texas Lottery
pursuant to the State Lottery Act and referenced in 16 TAC, Chapter
401.
N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery
"$50,000 Maximum Payout" Instant Game No. 779 ticket.
2.0 Determination of Prize Winners. The determination of prize
winners is subject to the general ticket validation requirements set
forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game
Procedures, and the requirements set out on the back of each instant
ticket. A prize winner in the "$50,000 Maximum Payout" Instant Game
is determined once the latex on the ticket is scratched off to expose
45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS
play symbols to any of the WINNING NUMBERS play symbols, the player
wins PRIZE shown for that number. If a player reveals a "star" play
symbol, the player wins $100 instantly. If a player reveals a "dollar
bill" play symbol, the player wins all 20 prizes shown. No portion
of the display printing nor any extraneous matter whatsoever shall
be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements
must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex
overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath,
unless specified, and each Play Symbol must agree with its Play Symbol
Caption;
3. Each of the Play Symbols must be present in its entirety and
be fully legible;
4. Each of the Play Symbols must be printed in black ink except
for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket
Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's
codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated,
altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an
authorized manner;
11. The ticket must not have been stolen, nor appear on any list
of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and
Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly
45 (forty-five) Play Symbols under the latex overprint on the front
portion of the ticket, exactly one Serial Number, exactly one Retailer
Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond
with the Texas Lottery's Serial Numbers for winning tickets, and a
ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered,
defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one
of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must
be printed in the Symbol font and must correspond precisely to the
artwork on file at the Texas Lottery; the ticket Serial Numbers must
be printed in the Serial font and must correspond precisely to the
artwork on file at the Texas Lottery; and the Pack-Ticket Number must
be printed in the Pack-Ticket Number font and must correspond precisely
to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every
respect and correspond precisely to the artwork on file at the Texas
Lottery; and
19. The ticket must have been received by the Texas Lottery by
applicable deadlines.
B. The ticket must pass all additional validation tests provided
for in these Game Procedures, the Texas Lottery's Rules governing
the award of prizes of the amount to be validated, and any confidential
validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements
is void and ineligible for any prize and shall not be paid. However,
the Executive Director may, solely at the Executive Director's discretion,
refund the retail sales price of the ticket. In the event a defective
ticket is purchased, the only responsibility or liability of the Texas
Lottery shall be to replace the defective ticket with another unplayed
ticket in that Instant Game (or a ticket of equivalent sales price
from any other current Instant Lottery game) or refund the retail
sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets will not have identical play
data, spot for spot.
B. The "star" (AUTO WIN) symbol will only appear on intended winning
tickets and only as dictated by the prize structure.
C. The "dollar bill" (WIN ALL) symbol will only appear on intended
winning tickets and only as dictated by the prize structure.
D. No more than three (3) matching non-winning prize symbols will
appear on a ticket.
E. The YOUR NUMBERS play symbols, with the exception of the "star"
(AUTO WIN) and "dollar bill" (WIN ALL) play symbols, will be used
an approximately equal number of times as the basis for a win.
F. No duplicate WINNING NUMBERS play symbols on a ticket.
G. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
H. Non-winning prize symbols will never be the same as the winning
prize symbol(s).
I. No prize amount in a non-winning spot will correspond with the
YOUR NUMBERS play symbol (i.e. 10 and $10).
J. The $50,000 prize symbol will appear at least once on every
ticket unless otherwise restricted.
K. The "star" (AUTO WIN) symbol will always appear with the $100
prize symbol.
2.3 Procedure for Claiming Prizes.
A. To claim a "$50,000 Maximum Payout" Instant Game prize of $5.00,
$10.00, $15.00, $20.00, $25.00, $50.00, $100 or $200, a claimant shall
sign the back of the ticket in the space designated on the ticket
and present the winning ticket to any Texas Lottery Retailer. The
Texas Lottery Retailer shall verify the claim and, if valid, and upon
presentation of proper identification, make payment of the amount
due the claimant and physically void the ticket; provided that the
Texas Lottery Retailer may, but is not, in some cases, required to
pay a $25.00, $50.00, $100 or $200 ticket. In the event the Texas
Lottery Retailer cannot verify the claim, the Texas Lottery Retailer
shall provide the claimant with a claim form and instruct the claimant
on how to file a claim with the Texas Lottery. If the claim is validated
by the Texas Lottery, a check shall be forwarded to the claimant in
the amount due. In the event the claim is not validated, the claim
shall be denied and the claimant shall be notified promptly. A claimant
may also claim any of the above prizes under the procedure described
in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$50,000 Maximum Payout" Instant Game prize of $2,000
or $50,000, the claimant must sign the winning ticket and present
it at one of the Texas Lottery's Claim Centers. If the claim is validated
by the Texas Lottery, payment will be made to the bearer of the validated
winning ticket for that prize upon presentation of proper identification.
When paying a prize of $600 or more, the Texas Lottery shall file
the appropriate income reporting form with the Internal Revenue Service
(IRS) and shall withhold federal income tax at a rate set by the IRS
if required. In the event that the claim is not validated by the Texas
Lottery, the claim shall be denied and the claimant shall be notified
promptly.
C. As an alternative method of claiming a "$50,000 Maximum Payout"
Instant Game prize, the claimant must sign the winning ticket, thoroughly
complete a claim form, and mail both to: Texas Lottery Commission,
Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending
a ticket remains with the claimant. In the event that the claim is
not validated by the Texas Lottery, the claim shall be denied and
the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas
Lottery shall deduct a sufficient amount from the winnings of a person
who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected
by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic
Beverage Commission;
2. delinquent in making child support payments administered or
collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services
Commission for a benefit granted in error under the food stamp program
or the program of financial assistance under Chapter 31, Human Resources
Code;
4. in default on a loan made under Chapter 52, Education Code;
or
5. in default on a loan guaranteed under Chapter 57, Education
Code.
E. If a person is indebted or owes delinquent taxes to the State,
other than those specified in the preceding paragraph, the winnings
of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay
payment of the prize pending a final determination by the Executive
Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may
occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket
presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise
due, as described in Section 2.3.D of these Game Procedures. No liability
for interest for any delay shall accrue to the benefit of the claimant
pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the
age of 18 years is entitled to a cash prize of less than $600 from
the "$50,000 Maximum Payout" Instant Game, the Texas Lottery shall
deliver to an adult member of the minor's family or the minor's guardian
a check or warrant in the amount of the prize payable to the order
of the minor.
2.6 If a person under the age of 18 years is entitled to a cash
prize of more than $600 from the "$50,000 Maximum Payout" Instant
Game, the Texas Lottery shall deposit the amount of the prize in a
custodial bank account, with an adult member of the minor's family
or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be
claimed within 180 days following the end of the Instant Game or within
the applicable time period for certain eligible military personnel
as set forth in Texas Government Code Section 466.408. Any prize not
claimed within that period, and in the manner specified in these Game
Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based
on the number of tickets ordered. The number of actual prizes available
in a game may vary based on number of tickets manufactured, testing,
distribution, sales and number of prizes claimed. An Instant Game
ticket may continue to be sold even when all the top prizes have been
claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion
of an Instant Game ticket in the space designated, a ticket shall
be owned by the physical possessor of said ticket. When a signature
is placed on the back of the ticket in the space designated, the player
whose signature appears in that area shall be the owner of the ticket
and shall be entitled to any prize attributable thereto. Notwithstanding
any name or names submitted on a claim form, the Executive Director
shall make payment to the player whose signature appears on the back
of the ticket in the space designated. If more than one name appears
on the back of the ticket, the Executive Director will require that
one of those players whose name appears thereon be designated by such
players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen
Instant Game tickets and shall not be required to pay on a lost or
stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately
5,040,000 tickets in the Instant Game No. 779. The approximate number
and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or
decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any
time, announce a closing date (end date) for the Instant Game No.
779 without advance notice, at which point no further tickets in that
game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player
agrees to comply with, and abide by, these Game Procedures for Instant
Game No. 779, the State Lottery Act (Texas Government Code, Chapter
466), applicable rules adopted by the Texas Lottery pursuant to the
State Lottery Act and referenced in 16 TAC, Chapter 401, and all final
decisions of the Executive Director.
TRD-200702719
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: June 28, 2007
Request for Grant Proposals - Local Emergency Planning Committee (LEPC) Hazardous Materials Emergency Preparedness (HMEP) Grants
INTRODUCTION: The Governor's Division of Emergency Management (GDEM),
acting for the State Emergency Response Commission (SERC), is requesting
proposals for Local Emergency Planning Committee (LEPC) Hazardous
Materials Emergency Preparedness (HMEP) grants to be awarded to Cities/Counties
representing LEPCs to further their work in hazardous materials transportation
emergency planning.
DESCRIPTION OF ACTIVITIES: LEPCs are mandated by the federal Emergency
Planning and Community Right-to-Know Act (EPCRA) to provide planning
and information for communities relating to chemicals, in their use,
storage or transit. The U.S. Department of Transportation has made
grant money available to enhance communities' readiness for responding
to hazardous materials transportation incidents. A grant may be used
by an LEPC in various ways, depending on a community's needs.
ELIGIBLE APPLICANTS: Each proposal must be developed by an LEPC,
the membership of which is recognized by the SERC, in cooperation
with county and/or city governments. The proposal must be approved
by a vote of the LEPC. Each LEPC shall arrange for a city or county
to serve as its fiscal agent for management of any and all money awarded
under this grant.
CERTIFICATION: The fiscal agent must provide certification to commit
funds for this project. The certification must be in the form of an
enabling resolution from the county or authorization to commit funds
from the city as appropriate.
BUDGET LIMITATIONS: Total funding for these grants is dependent
on the amount granted to the state from the U.S. Department of Transportation.
No less than seventy-five percent of the money granted to the state
for planning will be awarded to LEPCs. This is the fifteenth of a
series of annual grant awards, which will be issued through FY 2008.
Grants will be awarded based upon population, hazardous materials
risk, need, and cost-effectiveness as judged by GDEM. GDEM will fund
eighty percent of the total project cost. Twenty percent of the project
cost must be borne by the grantee. Approved in-kind contributions
may be used to satisfy this contribution. LEPCs must maintain the
same level of spending for planning as an average of the past two
years, in addition to the grant.
EXAMPLES OF PROPOSALS:
* Development, improvement, and implementation of the emergency
plans required under the Emergency Planning and Community Right-to-Know
Act (EPCRA), as well as exercises, which test the emergency plan.
Improvement of emergency plans may include hazard analysis as well
as response procedures for emergencies involving transportation of
hazardous materials including radioactive materials.
* An assessment to determine flow patterns of hazardous materials
within a State, between a State and another State or Indian Country,
and development and maintenance of a system to keep such information
current.
* An assessment of the need for regional hazardous materials emergency
response teams.
* An assessment of local response capabilities.
* Conducting emergency response drills and exercises associated
with emergency response plans.
* Technical staff to support the planning effort. (Staff funding
under planning grants cannot be diverted to support other requirements
of EPCRA.)
* Public outreach about hazardous materials training issues such
as community protection, chemical emergency preparedness, or response.
* Any other planning project related to the transportation of hazardous
materials approved by GDEM.
CONTRACT PERIOD: Grant contracts begin as early as September 1,
2007, and end August 30, 2008.
FINAL SELECTION: The GDEM shall review the proposals. SERC Subcommittee
on Planning will make the final selection. The State is under no obligation
to award grants to all applicants.
APPLICATION FORMS AND DEADLINE: The "Request for Proposals and
Application Package" should be sent via certified/registered mail
or other private mail delivery service, requiring a signature to the
Texas Department of Public Safety, Governor's Division of Emergency
Management, P.O. Box 4087, Austin, Texas 78773-0225. An application
may be requested by calling DEM at (512) 424-5985. The original and
four copies of the completed application must be received at above
address by 5:00 p.m. on August 30, 2007. For more information, please
call (512) 424-5985.
TRD-200702737
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: June 28, 2007
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application
on June 25, 2007, for an amendment to a state-issued certificate of
franchise authority (CFA), pursuant to §§66.001 - 66.016
of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Northland Cable Ventures,
LLC for an Amendment to a State-Issued Certificate of Franchise Authority,
Project Number 34433 before the Public Utility Commission of Texas.
Information on the application may be obtained by contacting the
Public Utility Commission of Texas by mail at P.O. Box 13326, Austin,
Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477.
Hearing and speech-impaired individuals with text telephone (TTY)
may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989.
All inquiries should reference Project Number 34433.
TRD-200702731
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 28, 2007
Notice is given to the public of an application filed on June 27,
2007 with the Public Utility Commission of Texas for an amendment
to a certificate of convenience and necessity for a name change.
Docket Style and Number: Application of Southwestern Bell Telephone,
L.P. d/b/a AT&T Texas to amend its Certificate of Convenience
and Necessity for a Name Change to Return to its Historic Name, "Southwestern
Bell Telephone Company." Docket Number 34445.
The Application: Southwestern Bell Telephone, L.P. d/b/a AT&T
Texas (AT&T Texas or the applicant) filed an application for an
amendment to its Certificate of Convenience and Necessity (CCN) Number
40079 for name change only. Applicant stated that AT&T Texas is
not changing its certificate name. However, the name of the entity
underlying the d/b/a AT&T Texas is changing. Effective June 29,
2007, Southwestern Bell Telephone Company, L.P. will return to its
historic name, "Southwestern Bell Telephone Company d/b/a AT&T
Texas." Applicant affirmed its intent that the certificate name AT&T
Texas will remain unchanged.
Persons wishing to comment on the action sought or intervene should
contact the Public Utility Commission of Texas by July 25, 2007, by
mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512)
936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at
(512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All
comments should reference Docket Number 34445.
TRD-200702775
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2007
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) an application on May 31, 2007, for
a certificate of convenience and necessity and certain regulatory
clarifications.
Docket Style and Number: Application of Lone Star Transmission,
LLC for a Certificate of Convenience and Necessity and Certain Regulatory
Clarifications. Docket Number 34362.
The Application: Lone Star Transmission, LLC (Lone Star) stated
that this application is solely for the purpose of seeking a certificate
of convenience and necessity (CCN) designating Lone Star as an electric
utility. Lone Star intends at some date in the future to request an
amendment to its CCN for a specific transmission facility. Lone Star
also seeks certain clarifying rulings concerning the applicability
of various commission rules to Lone Star.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or
toll-free at 1-888-782-8477 on or before August 6, 2007. Hearing and
speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 34362.
TRD-200702815
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2007
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) an application on June 28, 2007,
for a certificate of convenience and necessity regarding transmission
service in the panhandle portion of the reliability region of the
Southwest Power Pool.
Docket Style and Number: Application of ITC Panhandle Transmission,
LLC for a Certificate of Convenience and Necessity Regarding Transmission
Service in the Texas Panhandle Portion of the Reliability Region of
the Southwest Power Pool. Docket Number 34446.
The Application: ITC is seeking to become an electric transmission
utility in order to be able to provide electric transmission service
to transmission service customers within the Southwest Power Pool
(SPP) reliability region in the Texas Panhandle. ITC stated that this
application is solely for the purpose of seeking a certificate of
convenience and necessity (CCN) designating ITC as an electric utility.
ITC noted that no retail service territory and no specific transmission
facilities are being request for authorization by this application.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or
toll-free at 1-888-782-8477 on or before August 13, 2007. Hearing
and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 34446.
TRD-200702814
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 2, 2007
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) an application on June 25, 2007,
for a certificate of convenience and necessity for a proposed transmission
line in Kenedy County, Texas.
Docket Style and Number: Application of American Electric Power
Texas Central Company to Amend a Certificate of Convenience and Necessity
(CCN) for a 345-kV Double Circuit Transmission Line in Kenedy County,
Texas. Docket Number 34298.
The Application: The application of American Electric Power Texas
Central Company. (AEP TCC) for a proposed transmission line is designated
the Ajo-Zorillo-Sarita 345-kV Transmission Line Project. AEP TCC stated
that the proposed transmission line is needed to accommodate two wind
energy developers that have provided security to AEP TCC toward the
interconnection of 388.4 MW of wind generation along the gulf coast
in Kenedy County between Corpus Christi and the lower Rio Grande Valley.
The miles of right-of-way for this project will be approximately 21.6
miles in length (preferred route). The estimated date to energize
facilities is September 1, 2008.
This application includes facilities subject to the Coastal Management
Program and must be consistent with the Coastal Management Program
goals and policies.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or
toll-free at 1-888-782-8477. The deadline for intervention in this
proceeding is August 9, 2007. Hearing and speech-impaired individuals
with text telephone (TTY) may contact the commission at (512) 936-7136
or use Relay Texas (toll-free) 1-800-735-2989. All comments should
reference Docket Number 34298.
TRD-200702772
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2007
Notice is given to the public of a joint application for sale,
transfer, or merger filed with the Public Utility Commission of Texas
on June 27, 2007, pursuant to the Public Utility Regulatory Act, Texas
Utilities Code Annotated §§14.101, 36.001, and 37.154 (Vernon
2007) (PURA).
Docket Style and Number: Joint Application of AEP Texas Central
Company and LCRA Transmission Services Corporation to Transfer Certificate
Rights and for approval of Transfer of a Facility in Nueces County,
Docket Number 34443.
The Application: This transaction involves the transfer from AEP
Texas Central Company to LCRA Transmission Services Corporation (collectively,
Applicants) a transmission facility and associated certificate of
convenience and necessity (CCN) rights. The transmission facility
proposed for transfer is the rebuilt North Padre Island Tap to Port
Aransas Substation located in Nueces County in order to increase the
transmission power capacity necessary to continue reliable transmission
service in the area. The rebuild consists of 12.4 miles of the approximately
15-mile North Padre Island Tap structure to the Port Aransas Substation
69-kV transmission facility from 4/0 ACSR to 795 ACSS conductor.
Persons who wish to intervene in the proceeding or comment upon
the action sought should contact the Public Utility Commission of
Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's
Office of Customer Protection at (512) 936-7120 or (888) 782-8477.
Hearing- and speech-impaired individuals with text telephones (TTY)
may contact the Commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All correspondence should refer to Docket Number 34443.
TRD-200702773
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2007
Notice is given to the public of the filing with the Public Utility
Commission of Texas (commission) an application on June 25, 2007,
for a certificate of convenience and necessity for a proposed transmission
line in Hidalgo County, Texas
Docket Style and Number: Application of American Electric Power
Texas Central Company (AEP TCC) to Amend a Certificate of Convenience
and Necessity for a 138 kV Transmission Line in Hidalgo County, Texas.
Docket Number 34050.
The Application: The proposed project is designated as the MVEC
Goolie Road to AEP TCC El Gato 138-kV Transmission Line Project. AEP
TCC stated that the proposed transmission line will connect the proposed
Magic Valley Electric Cooperative, Inc. (MVEC) Goolie Road Substation
and AEP TCC's proposed El Gato Substation. AEP TCC stated that new
distribution substations in this area are necessary to meet the growing
electric load. The miles of right-of-way for this project will be
approximately 5.0 to 6.3 miles in length, depending on what route
is selected. The estimated date to energize facilities is May 8, 2009.
Persons wishing to intervene or comment on the action sought should
contact the Public Utility Commission of Texas by mail at P.O. Box
13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or
toll-free at 1-888-782-8477. The deadline for intervention in this
proceeding is August 9, 2007. Hearing and speech-impaired individuals
with text telephone (TTY) may contact the commission at (512) 936-7136
or use Relay Texas (toll-free) 1-800-735-2989. All comments should
reference Docket Number 34050.
TRD-200702771
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2007
Notice is given to the public of the filing with the Public Utility
Commission of Texas of an application on June 26, 2007, for an amendment
to certificated service area boundaries within Deaf Smith County,
Texas.
Docket Style and Number: Application of Southwestern Public Service
Company, an Xcel Energy Company, to Amend a Certificate of Convenience
and Necessity for an Electric Service Area Exception within Deaf Smith
County. Docket Number 34439.
The Application: Southwestern Public Service Company (SPS) requests
a service area exception to provide service to a specific customer
located within the certificated service area of Deaf Smith Electric
Cooperative, Inc. (DSEC). DSEC is in full agreement with the territory
amendment.
Persons wishing to comment on the action sought or intervene should
contact the Public Utility Commission of Texas no later than July
20, 2007, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or
by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing
and speech-impaired individuals with text telephone (TTY) may contact
the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989.
All comments should reference Docket Number 34439.
TRD-200702774
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: June 29, 2007
Notice of Applications for Registration as Approved Third-Party Warranty Company
The Texas Residential Construction Commission adopted rules regarding
the approval and registration of third-party warranty companies at
10 TAC §§303.250-303.266. The new rules were adopted pursuant
to under new Chapter 430, Property Code (Act effective Sept. 1, 2003,
78th Leg., R.S., ch. 458, §1.01), which provides that builders
may elect to provide warranties through third-party warranty companies
approved by the commission. The commission rules for approval and
registration of third-party warranty companies can be found on the
commission's website at www.trcc.state.tx.us.
10 TAC §303.255 requires the commission to publish in the
Pursuant to 10 TAC §303.255 the commission hereby notices
the application of:
Quality Builders Warranty Corporation, 325 North Second Street,
Wormleysburg, PA 17043. The applicant has identified Joseph M. Olshefski,
325 North Second Street, Wormleysburg, PA 17043 as its registered
agent.
Interested persons may send written comments regarding this application
to Susan K. Durso, General Counsel, The Texas Residential Construction
Commission, P.O. Box 13509, Austin, TX 78711-3509. Comments may also
be submitted electronically to comments@trcc.state.tx.us. For comments
submitted electronically, please include "Quality Builders Warranty
Corporation" in the subject line. Comments regarding this application
will be accepted for twenty-one days following the date of publication
of this notice in the
Texas Register.
Thereafter,
the comments will not be considered as timely filed.
TRD-200702718
Susan K. Durso
General Counsel
Texas Residential Construction Commission
Filed: June 27, 2007
Public Notice--Community Development Fund (CD), Community Development Supplemental Fund (CDS), Planning and Capacity Building Fund (PCB), Colonia Construction Fund (CFC), and Non-Border Colonia Fund (NBC) Awards
The following is a list of the 2007 CD, CDS, and PCB awardees:
Alamo Area Council of Governments
Community Development Fund Awardees:
Charlotte
Karnes County
Kendall County
Natalia
Pearsall
Runge
Community Development Supplemental Fund
Awardees:
Bandera
Dilley
Kenedy
Lytle
Non-Border Colonia Fund Awardees:
Guadalupe County
Ark-Tex Council of Governments
Community Development Fund Awardees:
Cass County
Clarksville
Morris County
Queen City
Community Development Supplemental Fund
Awardees:
Cooper
Cumby
Brazos Valley Council of Governments
Community Development Fund Awardees:
Buffalo
Leon County
Somerville
Community Development Supplemental Fund
Awardees:
Jewett
Capitol Area Council of Governments
Community Development Fund Awardees:
Dripping Springs
Elgin
Giddings
Lockhart
Community Development Supplemental Fund
Awardees:
Bastrop County
Johnson City
Non-Border Colonia Fund Awardees:
Bastrop County
Coastal Bend Council of Governments
Community Development Fund Awardees:
Brooks County
Jim Wells County
Refugio
Taft
Community Development Supplemental Fund
Awardees:
Bayside
Woodsboro
Planning and Capacity Building Fund Awardees:
Austwell
Sinton
Colonia Construction Fund Awardees:
Bee County
Brooks County
Jim Wells County
Kleberg County
McMullen County
San Patricio County
Central Texas Council of Governments
Community Development Fund Awardees:
Evant
Holland
Lometa
Community Development Supplemental Fund
Awardees:
Buckholts
Hamilton
Concho Valley Council of Governments:
Community Development Fund Awardees:
Melvin
Menard
Sterling City
Community Development Supplemental Fund
Awardees:
Irion County
Deep East Texas Council of Governments
Community Development Fund Awardees:
Corrigan
Diboll
Joaquin
Kirbyville
Nacogdoches
Nacogdoches County
Community Development Supplemental Fund
Awardees:
Grapeland
Huntington
Onalaska
East Texas Council of Governments
Community Development Fund Awardees:
Alba
Alto
Bullard
Elkhart
Emory
Gun Barrel City
Jacksonville
Point
Community Development Supplemental Fund
Awardees:
Carthage
Kilgore
Van
Winnsboro
Wood County
Planning and Capacity Building Fund Awardees:
Alba
Big Sandy
Gladewater
Pittsburg
Golden Crescent Regional Planning Commission
Community Development Fund Awardees:
Goliad
Smiley
Yorktown
Community Development Supplemental Fund
Awardees:
Seadrift
Houston-Galveston Area Council
Community Development Fund Awardees:
Angleton
Daisetta
Eagle Lake
New Waverly
Palacios
Community Development Supplemental Fund
Awardees:
Bay City
Galveston County
Montgomery
Planning and Capacity Building Fund Awardees:
Hempstead
Hitchcock
Palacios
Heart of Texas Council of Governments
Community Development Fund Awardees:
Iredell
Mount Calm
Walnut Springs
Community Development Supplemental Fund
Awardees:
Covington
Valley Mills
Planning and Capacity Building Fund Awardees:
Rosebud
Lower Rio Grande Valley Development Council
Community Development Fund Awardees:
Cameron County
La Feria
Los Fresnos
Primera
Raymondville
Community Development Supplemental Fund
Awardees:
Indian Lake
Rio Hondo
Colonia Construction Fund Awardees:
Cameron County
Hidalgo County
Middle Rio Grande Valley Development Council
Community Development Fund Awardees:
Crystal City
Eagle Pass
Leakey
Rocksprings
Val Verde County
Community Development Supplemental Fund
Awardees:
Cotulla
Uvalde County
North Central Texas Council of Governments
Community Development Fund Awardees:
Celeste
Commerce
Dublin
Italy
Kemp
Lone Oak
Mineral Wells
Venus
Wolfe City
Community Development Supplemental Fund
Awardees:
Celina
Johnson County
Kaufman
Maypearl
Princeton
Tolar
Planning and Capacity Building Fund Awardees:
Aurora
Boyd
Kaufman
NORTEX Regional Planning Commission
Community Development Fund Awardees:
Bryson
Chilicothe
Electra
Paducah
Community Development Supplemental Fund
Awardees:
Archer City
Byers
Planning and Capacity Building Fund Awardees:
Bowie
Permian Basin Regional Planning Commission
Community Development Fund Awardees:
Balmorhea
Pecos
Seagraves
Community Development Supplemental Fund
Awardees:
Dawson County
Planning and Capacity Building Fund Awardees:
McCamey
Colonia Construction Fund Awardees:
Ector County
Panhandle Regional Planning Commission
Community Development Fund Awardees:
Gruver
Hart
Sunray
Turkey
Community Development Supplemental Fund
Awardees:
Armstrong County
Happy
Ochiltree County
Rio Grande Council of Governments
Community Development Fund Awardees:
Brewster County
Dell City
Hudspeth County
Presidio Conty
Vinton
Community Development Supplemental Fund
Awardees:
Jeff Davis County
Marfa
Planning and Capacity Building Fund Awardees:
Dell City
Colonia Construction Fund Awardees:
Presidio County
Southeast Texas Regional Planning Commission
Community Development Fund Awardees:
China
Hardin County
Vidor
Community Development Supplemental Fund
Awardees:
Sour Lake
South Plains Association of Governments
Community Development Fund Awardees:
Morton
Petersburg
Ropesville
Smyer
Community Development Supplemental Fund
Awardees:
Hockley County
Roaring Springs
South Texas Development Council
Community Development Fund Awardees:
Jim Hogg County
Starr County
Community Development Supplemental Fund
Awardees:
Rio Grande City
Colonia Construction Fund Awardees:
Zapata County
TEXOMA Council of Governments
Community Development Fund Awardees:
Bonham
Leonard
Lindsay
Van Alstyne
Whitewright
Community Development Supplemental Fund
Awardees:
Gunter
Howe
Planning and Capacity Building Fund Awardees:
Bonham
West Central Texas Council of Governments
Community Development Fund Awardees:
Gustine
Rising Star
Weinert
Winters
Community Development Supplemental Fund
Awardees:
Anson
Clyde
Woodson
Appeals
must be submitted in writing
to the Texas Community Development Block Grant Program of the Office
of Rural Community Affairs no later than 30 days after the date this
announcement is published in the Texas Register. In addition, timely
appeals not submitted in writing at least five working days prior
to the next regularly scheduled meeting of the state review committee
will be heard at the subsequent meeting of the state review committee.
The Office staff will evaluate the appeal and may either concur with
the appeal and make an appropriate adjustment to the applicant's scores,
or disagree with the appeal and prepare an appeal file for consideration
by the state review committee at its next regularly scheduled meeting.
The state review committee will make a final recommendation to the
executive director of the Office. The decision of the executive director
of the Office is final.
If the appeal concerns a non-border colonia or colonia construction
fund the appeal must be submitted in writing to the Office no later
than 30 days after the date this announcement is published in the
In the event the appeal is sustained and the corrected scores would
have resulted in project funding, the application is approved and
funded. If the appeal concerning a community development, community
development supplemental, or planning/capacity building fund application
is rejected, the office notifies the applicant of its decision, including
the basis for rejection after the meeting of the state review committee
at which the appeal was considered. If the appeal concerns a non-border
colonia or colonia construction fund application, the applicant will
be notified of the decision made by the executive director within
ten days after the final determination by the executive director.
Appeals may be submitted to:
Office of Rural Community Affairs
Texas Community Development Block Grant Program
P.O. Box 12877
Austin, Texas 78711
Please contact Heather Lagrone at (512) 936-6701 or via email at
hlagrone@orca.state.tx.us with any questions you may have regarding
this information.
TRD-200702831
Mark Wyatt
Director, Community Development
Office of Rural Community Affairs
Filed: July 3, 2007
Request for Proposal
The South East Texas Regional Planning Commission-Metropolitan
Planning Organization (SETRPC-MPO) is in the process of conducting
a Transit Development Plan. The SETRPC-MPO is seeking a qualified
consulting firm to assist in conducting this Plan in the Jefferson-Orange-Hardin
Regional Transportation Study (JOHRTS) area for and including Beaumont
Municipal Transit(BMT) and Port Arthur Transit (PAT).
A. Background
The two largest cities in the three-county southeast Texas planning
area own and operate transit systems within their metropolitan areas.
The two systems, BMT and PAT both operate fixed-route and demand-response
services.
Within both systems over a recent ten-year period, the demand response
services have been stable in terms of passengers served and operating
costs. The fixed-route services; however, have been declining in ridership
while experiencing rising operating costs.
B. Objectives
It is intended to develop a Transit Development Plan (TDP) for
the two metropolitan areas. The TDP is intended to present the service
needs and corresponding financial plan necessary to meet projected
needs of the two transit agencies.
The TDP will investigate three primary areas, those being operations,
equipment, and facility needs. Each of these three objectives, in
turn, will look at two time horizons; near term (0-4 years) and short
range (5-10 years).
This TDP development will study current and projected conditions,
identify current strengths and weaknesses, consider possible actions
to assure a stable supply of transit sufficient to address mobility
needs within the metropolitan areas, meet environmental objectives,
and fit within identifiable, attainable financial resources. The study
will determine whether the services could be strengthened in ways
that would better serve existing and potential transit users. The
outcome of the study could be a specific transit service policy to
be adopted by the two cities, actions with regard to financing, appropriate
adjustment of fixed route and demand response transit services, and
plans for continued monitoring and revision of the services in future
years, as consistent with adopted policy.
If your firm is interested and qualified to complete this Transit
Development Plan, please contact our office to express your interest
or download a copy of the RFP package from our website:
Bob Dickinson, Director
Transportation and Environmental Resources
South East Texas Regional Planning Commission
2210 Eastex Freeway
Beaumont, Texas 77703
Fax: (409) 729-6511
Email: bdickinson@setrpc.org
Website: http://www.setrpc.org/images/stories/Transportation/RFP_Transit_Development_Plan_for_Web.pdf
All responding firms will receive a complete Request for Proposal
package.
Final proposals will be due by 12
noon CST on Thursday, August 23, 2007.
TRD-200702778
Pete De La Cruz
Acting Executive Director
South East Texas Regional Planning Commission
Filed: June 29, 2007
Award of Consulting Contract
In compliance with the provisions of Chapter 2254, Subchapter B,
Texas Government Code, The Texas A&M University System furnishes
this notice of consultant contract award. The consultant will provide
investment consulting services for The Texas A&M University System.
A notice for request for proposals was published in the March 16,
2007, issue of the
Texas Register
(32
TexReg 1675).
One, six-year contract was awarded to Fund Evaluation Group, LLC,
c/o Mr. David Stein, 144 Star View Drive, Rexburg, Idaho 83440 with
compensation determined as a percentage of invested assets, net of
debt proceeds. The beginning date of the contract is August 1, 2007
and the ending date is July 31, 2013 with an option to extend for
one additional year.
Selection criteria were based on demonstrated competence and qualifications,
including experience with similar clients, and references. Proposals
were received before 5:00 p.m. on April 6, 2007.
The investment consultant will provide preliminary performance
reports each month and quarterly manager review reports for each calendar
quarter.
The necessity of these investment consulting services has been
affirmed by The Texas A&M University System since the required
resources needed for these services are not available within The Texas
A&M University System or any other known agency of the State of
Texas.
TRD-200702721
Vickie Burt Spillers
Executive Secretary to the Board
Texas A&M University System Board of Regents
Filed: June 28, 2007
Applications Received
Pursuant to the Texas Water Code, §6.195, the Texas Water
Development Board provides notice of the following applications received
by the Board:
Lumberton Municipal Utility District, P.O. Box 8065, Lumberton,
Texas 77657, received April 27, 2007, application for financial assistance
in the amount of $4,645,000 from the Texas Water Development Fund.
City of Roma, 77 Convent Street, Roma, Texas 78584, received May
4, 2007, application for financial assistance in the amount of $573,300
from the Economically Distressed Areas Program.
Texas A&M University--Research Foundation, 3578 TAMU, College
Station, Texas 77843-3578 received April 18, 2007, application for
financial assistance in an estimated amount of $48,269 from the Research
and Planning Fund.
Texas A&M University--Research Foundation, 3578 TAMU, College
Station, Texas 77843-3578 received April 18, 2007, application for
financial assistance in an estimated amount of $89,306 from the Research
and Planning Fund.
URS, 2900 Amberglen Boulevard, Austin, Texas 78729 received April
18, 2007, application for financial assistance in an estimated amount
of $70,000 from the Research and Planning Fund.
Baylor University, Center for Spatial Research, One Bear Place,
#97351, Waco, Texas 76798 received April 18, 2007, application for
financial assistance in an estimated amount of $93,052 from the Research
and Planning Fund.
Texas Cooperative Extension, 3000 Briarcrest Drive, Suite 101,
Bryan, Texas 77082 received April 18, 2007, application for financial
assistance in an estimated amount of $80,216 from the Research and
Planning Fund.
Turner Collie & Braden, P.O. Box 130089, Houston, Texas 77219
received April 18, 2007, application for financial assistance in an
estimated amount of $199,215 from the Research and Planning Fund.
Texas A&M University--Texas Engineering Experiment Service,
Texas A&M University, 332 Wisenbaker Engineering, College Station,
Texas 77843 received April 18, 2007, application for financial assistance
in an estimated amount of $13,900 from the Research and Planning Fund.
HDR Engineering, 3000 South IH 35, #400, Austin, Texas 78704 received
April 18, 2007, application for financial assistance in an estimated
amount of $100,000 from the Research and Planning Fund.
Brazos River Authority, P. O. Box 7555, Waco, Texas 76714 received
April 18, 2007, application for financial assistance in an estimated
amount of $145,000 from the Research and Planning Fund.
Freese & Nichols, Inc., 4055 International Plaza, Fort Worth,
Texas 76109-4895 received April 18, 2007, application for financial
assistance in an estimated amount of $100,000 from the Research and
Planning Fund.
Freese & Nichols, Inc., 4055 International Plaza, Fort Worth,
Texas 76109-4895 received April 18, 2007, application for financial
assistance in an estimated amount of $100,000 from the Research and
Planning Fund.
URS Corporation, 9400 Amberglen Boulevard, Austin, Texas 78729
received April 18, 2007, application for financial assistance in an
estimated amount of $98,000 from the Research and Planning Fund.
R. J. Brandes Company, 4900 Spicewood Springs Road, Austin, Texas
78759 received April 18, 2007, application for financial assistance
in an estimated amount of $99,381 from the Research and Planning Fund.
Texas A&M University--Agriculture Experiment Station, Mail
Stop 2147, College Station, Texas 77843-2147 received April 18, 2007,
application for financial assistance in an estimated amount of $95,000
from the Research and Planning Fund.
Texas A&M University--Texas Engineering Experiment Service,
Texas A&M University, 332 Wisenbaker Engineering College Station,
Texas 77843 received April 18, 2007, application for financial assistance
in an estimated amount of $80,300 from the Research and Planning Fund.
University of Texas--Bureau Economic Geology, Box X, University
Station, Austin, Texas 78758 received April 18, 2007, application
for financial assistance in an estimated amount of $99,493 from the
Research and Planning Fund.
TRD-200702818
Marisol Saenz
Attorney
Texas Water Development Board
Filed: July 2, 2007
SCOPE.
The State of Texas, by and
through the Texas Water Development Board (TWDB) seeks Groundwater
Quality Analysis Services (Services) in accordance with the specifications
contained in the Request for Proposal (RFP).
In particular, the Services requested to be provided under any
contract(s) awarded as a result of this RFP are for Services during
the State of Texas Fiscal Year beginning September 1, 2007, and ending
August 31, 2008 (FY 2008). The contract for Services may be renewed
for up to one year (September 1, 2008 and ending August 31, 2009),
provided all terms and conditions remain in full force and upon mutual
agreement of both parities.
The total period for the Services, including any renewals, will
not exceed a maximum combined period of two years.
ESTIMATED COMPENSATION.
Not to exceed
$384,000 for FY 2008.
EVENT DATES (Central Daylight Saving Time).
Issue RFP: July 13, 2007
Deadline for Submission of RFP: 5:00 p.m., July 30, 2007
Expected Award of Contract: August 28, 2007
Expected Contract Start Date: September 1, 2007
Complete details and instructions for submitting a Request for
Proposals, please visit TWDB's webpage at http://www.twdb.state.tx.us
under "Hot Topics." If you do not have access to the internet, please
contract Tina Newstrom, TWDB Purchaser, at (512) 463-7825.
TRD-200702810
Marisol Saenz
Attorney
Texas Water Development Board
Filed: July 2, 2007
Pursuant to 31 Texas Administrative Code §355.3, the Texas
Water Development Board (TWDB) requests the submission of Statements
of Qualifications leading to the possible award of contracts for groundwater
availability models and related work for the Capitan Reef Complex,
Gulf Coast, Seymour, and Yegua-Jackson aquifers. Guidelines for Statements
of Qualifications, which include an application form and more detailed
research topic information, will be supplied by the TWDB upon request.
Description of Research Objectives
Since 1999, the Texas Legislature has approved funding for the
Groundwater Availability Modeling Program. The purpose of the Groundwater
Availability Modeling Program is to provide reliable and timely information
on groundwater availability to the citizens of Texas to ensure adequate
supplies or recognize inadequate supplies over a 50-year planning
period. Numerical groundwater flow models of the aquifers in Texas
will be used to make this assessment of groundwater availability.
The development of models for Groundwater Availability Modeling Program
(1) includes substantial stakeholder involvement; (2) results in standardized,
thoroughly documented, and publicly available numerical groundwater
flow models and support data; and (3) is capable of providing predictions
of groundwater availability through 2060 based on current projections
of groundwater demands during drought-of-record conditions.
In support of the Groundwater Availability Modeling Program, the
TWDB is requesting Statements of Qualifications for (1) developing
structure for the Capitan Reef Complex Aquifer, (2) developing structure
for the Gulf Coast Aquifer from the Brazos River to the Rio Grande,
(3) developing a groundwater availability model for the Yegua-Jackson
Aquifer, and (4) developing a refined groundwater availability model
for the Seymour Aquifer in the Haskell County and Knox County area.
A separate Statement of Qualifications for each of the four modeling
projects is expected.
Details on the modeling projects and project requirements are available
from the TWDB. The TWDB website site includes (1) guidelines for the
Statements of Qualifications, (2) copies of the attachments, (3) a
list of Statement of Qualifications Review Criteria, and (4) some
supporting material (http://www.twdb.state.tx.us/assistance/financial/fin_research/research.htm).
Research Objectives for the Structure Projects
The TWDB is seeking separate Statement of Qualifications for (1)
developing structure for the Capitan Reef Complex Aquifer and (2)
developing structure for the Gulf Coast Aquifer from the Brazos River
to the Rio Grande. For the Gulf Coast Aquifer, TWDB expects structure
to be developed in a manner similar to the approach used for the LCRA-SAWS
Water Project: http://www.lcra.org/docs/lswp/findings/Conceptual_Model_Report_Part_1.pdf
. The Gulf Coast Aquifer structure should delineate the Beaumont,
Lissie, Willis, Upper Goliad, and Lower Goliad formations. The approach
used for the LCRA-SAWS Water Project relied on well-defined stratigraphic
boundary markers, aquifer depositional environments, and a detailed,
systematic, interpretive process based on depositional facies to identify
depositional cycles that connected boundary markers using a carefully
defined set of depositional facies.
The objective of these research projects is to have structure surfaces,
in digital and geographic information system compatible format, for
each of the hydrostratigraphic layers of the aquifers. If possible
and applicable, net sand maps should also be delivered.
The following issues need to be addressed in each Statement of
Qualifications:
1. the hydrostratigraphy of the study area;
2. approach to delineating structure, including possible resources
that encompasses contacting local groundwater conservation districts
as well as proposed methodologies;
3. approach to determine net sand thicknesses, if possible and
applicable; and
4. how the information will be organized and interpreted in a geographic
information system.
Deliverables shall include:
1. maps of the interpreted surfaces;
2. a groundwater availability modeling compatible, ESRI based ArcGIS
geodatabase that includes source data by location, final interpreted
structure surfaces, net sand, if possible and applicable, reliability
factors of source data, and sufficient metadata to duplicate work;
and
3. a report documenting the above (hard copy and electronic version).
In addition, we expect potential contractors to indicate their
abilities in:
1. general hydrogeology,
2. hydrogeology of the modeled aquifer,
3. geographical information systems,
4. technology transfer,
5. producing high-quality reports, and
6. meeting deadlines.
At a minimum, TWDB staff expects to meet with the project team
at the beginning of the project and at the midpoint of the project.
A formal talk discussing the results shall be presented to TWDB staff
at the end of the project. The Statements of Qualifications shall
not be more than nine pages in length (using Times Roman 12 font),
excluding qualifications and experience of project staff.
Groundwater availability model of the Yegua-Jackson
Aquifer
A research project detailing the geologic structure of the Yegua-Jackson
Aquifer is expected to be completed by the fall of 2007. The development
of a groundwater availability model for the Yegua-Jackson Aquifer
shall incorporate relevant geologic structure data evaluated in this
preliminary study. The geologic structure study will provide data
for up to four aquifer layers; the Lower-Yegua, the Upper-Yegua, the
Lower Jackson, and the Upper Jackson. A technical report of the geologic
structure will be available later this fall that summarizes the data
and methods used and documents the findings of stratigraphic correlation,
structural interpretation, and lithology distribution. Digital deliverables
will include the final report, a groundwater availability modeling
compatible, ESRI© based geodatabase of well information (well
identification, location, log datum, and so on), digitized logs, digital
log analysis results, and maps of structure, fault location, sand
thickness, and depositional environment for each of the four aquifer
layers in geographic information system format. The report will also
include several strike and dip cross-sections. Documentation will
include three major products: (1) maps in ArcGIS format; (2) a geodatabase
of the source data, control data, metadata, and grid data supporting
the structure and lithologic maps; and (3) the final report in both
Microsoft Word 2003 format and in Adobe Acrobat 7.0 PDF format.
The statement of qualifications for the groundwater availability
model for the Yegua-Jackson Aquifer should include a discussion on
how many layers is needed to develop a regional scale model but will
at a minimum model the Yegua Aquifer as a separate layer from the
Jackson Aquifer. The statement of qualifications should also discuss
if the proposal is for developing one continuous model or multiple
models to cover, at a minimum, the entire extent of the Yegua-Jackson
Aquifer in Texas.
The following issues need to be addressed in the Statement of Qualifications
for the groundwater availability model of the Yegua-Jackson Aquifer
project:
1. communication between the contractor and the stakeholder advisory
forum, regional water planning groups, and groundwater conservation
districts located within the study area;
2. conceptual model of recharge and how recharge will be modeled;
3. how surface-water/groundwater interaction will be modeled;
4. how hydraulic properties will be distributed;
5. hydrostratigraphy for the model;
6. approach for modeling the down-dip boundary of the model (if
appropriate);
7. approach for calibrating the model;
8. how environmental impacts will be gauged; and
9. how the project will benefit statewide water planning and groundwater
districts.
In addition, we expect potential contractors to indicate their
abilities in:
1. general hydrogeology,
2. hydrogeology of the modeled aquifer,
3. numerical groundwater flow modeling,
4. geographical information systems,
5. communicating with the public,
6. technology transfer,
7. producing high-quality reports, and
8. meeting deadlines.
The Statement of Qualifications shall not be more than 19 pages
in length, excluding qualifications and experience of project staff.
Applicants should be familiar with standards and requirements for
the groundwater availability models.
Refined groundwater availability model for
the Seymour Aquifer in the Knox County and Haskell County area
A regional groundwater availability model of the Seymour and Blaine
aquifers was developed in 2004 that includes an upper layer incorporating
the remnant areas (pods or islands) of the Seymour Formation and other
Quaternary-age alluvium that comprise the Seymour Aquifer and a second
layer encompassing the underlying Permian deposits. Characterization
of the Blaine Aquifer was presented in greater detail than the other
Permian units because it is the most important underlying stratum
for water-supply purposes. Additional information on the groundwater
availability model for the Seymour Aquifer is available on the TWDB
Web site: http://www.twdb.state.tx.us/gam/symr/symr.htm . The topographic
relief across the initial study area suggests a grid of one square
mile was too coarse to capture the flow dynamics of individual portions
of the Seymour Aquifer, especially in the shallower sections of the
aquifer. This proposed project will concentrate on refining the mesh
over one of the more productive and documented portions of the Seymour
Aquifer in the Knox County and Haskell County area. In addition, because
of the shallow unconfined characteristics of the aquifer, water levels
are responsive to seasonal variations of climate and use. Therefore,
instead of annual or a combination of monthly and annual stress periods,
the localized model shall use monthly stress periods for the calibration
period.
The following issues need to be addressed in the Statement of Qualifications
for the localized groundwater availability model of the Seymour Aquifer
in the Knox County and Haskell County area:
1. communication between the contractor and the stakeholder advisory
forum, regional water planning groups, and groundwater conservation
districts located within the study area;
2. conceptual model of recharge and how recharge will be modeled;
3. how surface-water/groundwater interaction will be modeled;
4. how hydraulic properties will be distributed;
5. hydrostratigraphy for the model;
6. approach for modeling the down-dip boundary of the model (if
appropriate);
7. approach for calibrating the model;
8. how environmental impacts will be gauged; and
9. how the project will benefit statewide water planning and groundwater
districts.
In addition, we expect potential contractors to indicate their
abilities in:
1. general hydrogeology,
2. hydrogeology of the modeled aquifer,
3. numerical groundwater flow modeling,
4. geographical information systems,
5. communicating with the public,
6. technology transfer,
7. producing high-quality reports, and
8. meeting deadlines.
The Statement of Qualifications shall not be more than 19 pages
in length, excluding qualifications and experience of project staff.
Applicants should be familiar with standards and requirements for
the groundwater availability models.
Description of Funding Consideration
Up to $1,050,000 has been identified for water research assistance
from the TWDB's Research and Planning Fund for the research for these
four projects. It should be noted that for some of the proposed projects
a portion of the funds will be available prior to September 1, 2008,
and the remainder after September 1, 2008.
Projects in support of GAM program
1. Structure for the Capitan Reef Complex Aquifer -
2. Structure for half of the Gulf Coast Aquifer -
3. Develop groundwater availability model for Yegua-Jackson Aquifer
-
FY2008
: $200,000;
FY2009
: $200,000;
Total
: $400,000
4. Develop a refined groundwater availability model for the Seymour
Aquifer in the Haskell County and Knox County area -
5.
Total: FY2008: $680,000; FY2009: $370,000;
Total: $1,050,000
Following the receipt and evaluation of all Statements of Qualifications,
the TWDB may adjust the amount of funding initially authorized for
water research. Oral presentations may be required as part of qualification
review. However, invitation for oral presentation is not an indication
of probable selection. Up to 100 percent funding may be provided to
individual applicants; however, applicants are encouraged to contribute
matching funds or services, and funding will not include reimbursement
for indirect expenses incurred by political subdivisions of the state
or other state and federal agencies. In the event that acceptable
Statements of Qualifications are not submitted, the TWDB retains the
right to not award funds for the contracts.
Deadline, Review Criteria, and Contact Person
for Additional Information.
Ten double-sided copies of a complete
Statement of Qualifications, including the required attachments, must
be filed with the TWDB prior to 5:00 PM, August 6, 2007. Statements
of Qualifications must be directed either in person to Ms. Phyllis
Thomas, Texas Water Development Board, Stephen F. Austin Building,
1700 North Congress Avenue, Austin, Texas; or by mail to Ms. Phyllis
Thomas, Texas Water Development Board, P.O. Box 13231-Capitol Station,
Austin, Texas 78711-3231. Statements of Qualifications will be evaluated
according to 31 Texas Administrative Code §355.5 and the Statements
of Qualifications Review Criteria rating form included in the TWDB's
Guidelines for Water Research Grants. Research shall not duplicate
work planned or underway by state agencies. All potential applicants
must contact the TWDB to obtain these guidelines.
Requests for information, the TWDB's rules covering the Research
and Planning Fund, detailed evaluation criteria, more detailed research
topic information, and the guidelines may be directed to Ms. Phyllis
Thomas at the preceding address or by calling (512) 463-3154. All
technical questions should be directed to Ms. Cindy Ridgeway at (512)
936-2386.
TRD-200702785
Marisol Saenz
Attorney
Texas Water Development Board
Filed: June 29, 2007
Pursuant to 31 Texas Administrative Code §355.3, the Texas
Water Development Board (TWDB) requests the submission of Statements
of Qualifications leading to the possible award of contracts for updates
and improvements to existing groundwater availability models. Guidelines
for Request for the Statements of Qualifications, which include an
application form and more detailed research topic information, will
be supplied by the TWDB upon request.
Description of Research Objectives
Since 1999, the Texas Legislature has approved funding for the
Groundwater Availability Modeling Program. The purpose of the Groundwater
Availability Modeling Program is to provide reliable and timely information
on groundwater availability to the citizens of Texas to ensure adequate
supplies or recognize inadequate supplies over a 50-year planning
period. Numerical groundwater flow models of the aquifers in Texas
will be used to make this assessment of groundwater availability.
The development of models for Groundwater Availability Modeling Program
(1) includes substantial stakeholder involvement; (2) results in standardized,
thoroughly documented, and publicly available numerical groundwater
flow models and support data; and (3) is capable of providing predictions
of groundwater availability through 2060 based on current projections
of groundwater demands during drought-of-record conditions. Once a
groundwater availability model is completed, it is important to be
able to revisit the models to incorporate new information or understanding
of the aquifers. New hydrogeologic studies are being completed routinely
by municipalities, groundwater conservation districts, river authorities,
universities, state agencies (including the TWDB), private companies,
and others.
In support of the Groundwater Availability Modeling Program, TWDB
is seeking Statements of Qualifications from Groundwater Availability
Modelers (Contractor) teamed with political subdivisions for work
to update and improve existing groundwater availability models with
a total matching contribution from TWDB not to exceed $190,000 for
fiscal year 2008. These proposed groundwater availability modeling
projects shall (1) include stakeholder involvement; (2) use valid,
defensible, and documented data and standard scientific modeling procedures;
(3) address a legitimate issue, concern, or improvement to the model
under consideration; and (4) follow all TWDB groundwater availability
modeling protocol and standards, as applicable. Higher consideration
shall be given to proposals that address regional scale model updates,
provide a reasonable budget for the tasks described in the scope of
work, and include at least two public stakeholder meetings (one at
the beginning of the project and one after the draft deliverable).
Proposed Contractors shall not have a conflict of interest in the
modeled area during the tenure of the project.
Details on existing modeling projects and GAM-related project requirements
are available from the TWDB. The TWDB Web site includes (1) guidelines
for the statement of qualifications, (2) copies of the attachments,
(3) a list of Request for Statements of Qualifications Review Criteria,
and (4) some supporting material (http://www.twdb.state.tx.us/assistance/financial/fin_research/research.htm).
The following issues need to be addressed in the statement:
* name of the groundwater availability model to be adjusted;
* description of parameter(s) to be updated and why;
* an estimate of how large of an area the update(s) will affect;
* proposed methodology or approach to addressing model update/improvement
and re-calibration;
* communication between the contractor and the stakeholder advisory
forum, regional water planning groups, other groundwater conservation
districts located within the study area, and TWDB staff; and
* total budget, matching fund contribution, and itemized budget
broken by tasks.
In addition, we expect potential contractors and sub-contractors
to indicate their abilities in:
* general hydrogeology,
* hydrogeology of the modeled aquifer,
* numerical groundwater flow modeling,
* geographical information systems,
* communicating with the public,
* technology transfer,
* producing high-quality reports, and
* meeting deadlines.
The statement of qualifications shall not be more than 15 pages
in length, excluding qualifications and experience of project staff.
Applicants should be familiar with standards and requirements for
the groundwater availability models.
Description of Funding Consideration
Up to $190,000 has been identified for water research assistance
from the TWDB's Research and Planning Fund for matching funds contribution
from TWDB. Following the receipt and evaluation of all statement of
qualifications, the TWDB may adjust the amount of funding initially
authorized for water research. Oral presentations may be required
as part of the review. However, invitation for oral presentation is
not an indication of probable selection. Funding will not include
reimbursement for indirect expenses incurred by political subdivisions
of the state or other state and federal agencies. In the event that
acceptable Statements of Qualifications are not submitted, the TWDB
retains the right to not award funds for the contracts.
Deadline, Review Criteria, and Contact Person
for Additional Information
Ten double-sided copies of a complete statement of qualifications,
including the required attachments, must be filed with the TWDB prior
to 5:00 PM, September 10, 2007. Statements of qualifications must
be directed either in person to Ms. Phyllis Thomas, Texas Water Development
Board, Stephen F. Austin Building, 1700 North Congress Avenue, Austin,
Texas; or by mail to Ms. Phyllis Thomas, Texas Water Development Board,
P.O. Box 13231-Capitol Station, Austin, Texas 78711-3231. Statements
of Qualifications will be evaluated according to 31 Texas Administrative
Code §355.5 and the Request for Statements of Qualification Review
Criteria rating form included in the TWDB's Guidelines for Water Research
Grants. Research shall not duplicate work planned or underway by state
agencies. All potential applicants must contact the TWDB to obtain
these guidelines.
Requests for information, the TWDB's rules covering the Research
and Planning Fund, detailed evaluation criteria, more detailed research
topic information, and the guidelines may be directed to Ms. Phyllis
Thomas at the preceding address or by calling (512) 463-3154. All
technical questions should be directed to Ms. Cindy Ridgeway at (512)
936-2386.
TRD-200702787
Marisol Saenz
Attorney
Texas Water Development Board
Filed: June 29, 2007
Coastal Coordination Council
Office of Consumer Credit Commissioner
Notice of Rate Ceilings
Texas Education Agency
Texas Commission on Environmental Quality
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions
Notice of Opportunity to Comment on Shut Down/Default Orders of Administrative Enforcement Actions
Notice of Water Quality Applications
Notice of Water Rights Applications
Proposal for Decision
Texas Health and Human Services Commission
Public Notice
Public Notice
Texas Higher Education Coordinating Board
Texas Lottery Commission
Texas Department of Public Safety
Public Utility Commission of Texas
Notice of Application for Amendment to Certificate of Convenience and Necessity for Name Change
Notice of Application for Certificate of Convenience and Necessity
Notice of Application for Certificate of Convenience and Necessity
Notice of Application for Certificate of Convenience and Necessity for a Proposed Transmission Line in Kenedy County, Texas
Notice of Application for Sale, Transfer, or Merger
Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line in Hidalgo County, Texas
Notice of Application to Amend Certificated Service Area Boundaries in Deaf Smith County, Texas
Texas Residential Construction Commission
Office of Rural Community Affairs
South East Texas Regional Planning Commission
Texas A&M University System Board of Regents
Texas Water Development Board
Request for Proposals for Groundwater Quality Analysis Services
Request for Statements of Qualifications for Water Research
Request for Statements of Qualifications for Water Research