In Addition

In Addition

Ark-Tex Council of Governments

Request for Proposal for a Provision of a Law Enforcement Training Program

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for the provision of regional law enforcement training through a grant provided by the Texas Governor's Office, Criminal Justice Division.

The types of training to be provided include: Basic Law Enforcement Officer, Basic Jailer Certification, Basic Tele-Communicators, and Advanced/Specialized Law Enforcement Training. The period of performance is September 1, 2007 through August 31, 2008.

The service delivery area includes the following counties in Texas: Bowie, Cass, Delta, Franklin, Hopkins, Lamar, Morris, Red River, and Titus.

Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Patricia Haley, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is June 15, 2007, at 5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory Committee will score multiple proposals received. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored.

TRD-200701728

L.D. Williamson

Executive Director

Ark-Tex Council of Governments

Filed: May 2, 2007

Office of the Attorney General

Texas Clean Air Act Settlement Notice

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Clean Air Act. Before the State may settle a judicial enforcement action under the Health and Safety Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code.

Case Title and Court: Harris County, Texas and The State of Texas v. Natural Gas Odorizing, Inc., Cause No. 2007-20873 in the 269th Judicial District Court, Harris County, Texas.

Nature of Defendant's Operations: Defendant operated a natural gas odorant manufacturing facility in Harris County. In order to comply with Federal and State law, Mercaptan is added to natural gas to give it a distinctive odor, which helps in leak detection. On January 21, 2005, the Defendant released approximately one pound of mercaptan mixture, resulting in citizen health complaints and constituting a violation of the Texas Clean Air Act. Defendant has ceased manufacturing and storage operations at this facility and has begun decommissioning and clean-up operations at the site. Defendant denies the allegations and maintains that it acted in a reasonably and prudent manner in containing the release and minimizing offsite impacts.

Proposed Agreed Judgment: The Agreed Final Judgment acknowledges that Defendant has discontinued commercial operations at the facility and has initiated decommissioning and clean-up activities. Defendant has agreed to pay Plaintiffs civil penalties in the amount of $4,062.50 which will be divided equally between Harris County and the State of Texas. In addition as a Supplemental Environmental Project, Defendant will contribute $4,062.50 to the Harris County Public Health Ozone Monitoring Network. Defendant will also pay attorney's fees to the State of Texas in the amount of $750.00, and to Harris County in the amount of $1,000.00, plus all court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Lisa Sanders Richardson, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For more information on this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200701572

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 25, 2007

Coastal Coordination Council

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 April 20, 2007, through April 26, 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 these activities extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on May 2, 2007. The public comment period for these projects will close at 5:00 p.m. on June 1, 2007.

FEDERAL AGENCY ACTIONS:

Applicant: Chambers County Economic Development ; Location: The project is located on Double Bayou, at the Job Beason Park in Oak Island, south of Anahuac, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Beason Park, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 336366; Northing: 3281579. Project Description: The applicant proposes to impact 0.04 acre of jurisdictional wetlands and 1.06 acres of other waters of the U.S. during the construction of 350 feet of marina boat slips and a 2-lane boat ramp. The applicant would remove approximately 1,500 linear feet of dilapidated bulkhead and hydraulically dredge portions of the West Fork of Double Bayou to previously authorized depths of 10 feet. The dredge material would be placed in a levee-contained dredge material placement area constructed on a 2.87-acre upland-located onsite. To compensate for dredge impacts to the 0.04 acre of wetlands, the applicant would develop a 10:1 slope planting platform in the footprint of the removed bulkhead and plant approximately 0.2 acres of smooth cordgrass intertidal marsh. CCC Project No.: 07-0173-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-157 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 Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Carib Transportation, LP; Location: The project is located on a 4-acre tract in the Inner Harbor of the Port of Corpus Christi, at 4301 East Navigation Boulevard, in Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 653000; Northing: 3078750. Project Description: The applicant proposes to use mechanical and hydraulic methods to dredge 678 feet of shoreline on the Inner Harbor to a depth of -13 feet mean low tide (MLT) in order to construct a loading facility for river barges. Two monopile breasting structures and two monopile mooring structures would also be constructed for mooring purposes. The loading platform would consist of an 82-foot-wide by 358-foot-long work barge flooded to rest on the channel bottom and permanently moored against the breasting structures. The barge would cover 29,356 square feet of bottom area and displace approximately 15,222 cubic yards of water below the seasonal high tide elevation. The barge would be connected to shore by two 14- by 90-foot concrete approachways. The dredged shoreline would be sloped contoured to a 3:1 slope and protected from erosion by approximately 500 cubic yards of riprap material consisting of rock and/or broken concrete. Approximately 45,869 cubic yards of material would be excavated from below MLT. Dredged material would be placed in Cell B and Cell C of the South Shore Dredge Material Placement Area and stockpiled directly on the project property. No wetlands or seagrasses are reported to be in the project area. CCC Project No.: 07-0174-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-541 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).

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-200701706

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: May 1, 2007

Comptroller of Public Accounts

Certification of the Average Taxable Price of Gas and Oil

The Comptroller of Public Accounts, administering agency for the collection of the Crude Oil Production Tax, has determined that the average taxable price of crude oil for reporting period March 2007, as required by Tax Code, §202.058, is $53.48 per barrel for the three-month period beginning on December 1, 2006, and ending February 28, 2007. Therefore, pursuant to Tax Code, §202.058, crude oil produced during the month of March 2007, from a qualified Low-Producing Oil Lease, is not eligible for exemption from the crude oil production tax imposed by Tax Code, Chapter 202.

The Comptroller of Public Accounts, administering agency for the collection of the Natural Gas Production Tax, has determined that the average taxable price of gas for reporting period March 2007, as required by Tax Code, §201.059, is $6.18 per mcf for the three-month period beginning on December 1, 2006, and ending February 28, 2007. Therefore, pursuant to Tax Code, §201.059, gas produced during the month of March 2007, from a qualified Low-Producing Well, is not eligible for exemption from the natural gas production tax imposed by Tax Code, Chapter 201.

Inquiries should be directed to Bryant K. Lomax, Manager, Tax Policy Division, P.O. Box 13528, Austin, Texas 78711-3528.

TRD-200701711

Martin Cherry

General Counsel

Comptroller of Public Accounts

Filed: May 1, 2007

Concho Valley Workforce Development Board

Request for Proposal

The Concho Valley Workforce Development Board (CVWDB) is seeking qualified parties to submit proposals for staffing and management of its workforce center (Workforce Solutions), incorporating at a minimum Childcare Services, Workforce Investment Act (WIA) programs, Choices/Temporary Assistance to Needy Families (TANF), Food Stamp Employment and Training (FSE&T) and Reintegration of Offenders (RIO).

Interested parties may obtain a copy of the RFP by sending a request to Cathy Ballard via facsimile (325) 482-8900 or e-mail rfp@cvworkforce.org. Proposals will be accepted until 5:00 p.m. CDST, June 19, 2007, at the office of CVWDB, 36 East Twohig, Suite 805, San Angelo, TX 76903.

A conference will be held on May 18, 2007, at 9:30 a.m. at Workforce Solutions, 202 Henry O. Flipper, San Angelo, TX 76903, Room 103, to answer questions for any party interested in submitting a Proposal. CVWDB reserves the right to accept or reject any or all proposals. The RFP will be released on request beginning May 7, 2007 at 9:00 a.m. CDST.

TRD-200701714

Johnny Griffin

Executive Director

Concho Valley Workforce Development Board

Filed: May 2, 2007

Office of Consumer Credit Commissioner

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, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/07/07 - 05/13/07 is 18% for Consumer ¹ /Agricultural/Commercial ² credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/07/07 - 05/13/07 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 ³ for the period of 05/01/07 - 05/31/07 is 18% for Consumer/Agricultural/Commercial credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 05/01/07 - 05/31/07 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-200701707

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: May 1, 2007

Texas Commission on Environmental Quality

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 June 11, 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 June 11, 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: Aqua Utilities Inc. dba Aqua Texas, Inc.; DOCKET NUMBER: 2007-0071-MWD-E; IDENTIFIER: RN102341559; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012519001, Interim Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with permitted effluent limits; PENALTY: $6,986; ENFORCEMENT COORDINATOR: Heather Brister, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Associated Rack Corporation dba Southwestern Rack; DOCKET NUMBER: 2007-0078-AIR-E; IDENTIFIER: RN100771807; LOCATION: Euless, Tarrant County, Texas; TYPE OF FACILITY: metal platings equipment engineering and manufacturing plant; RULE VIOLATED: 30 TAC §116.110(a) and Texas Health & Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain authorization for sources of air emissions at the plant; PENALTY: $5,680; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Azim & Ruhee, Inc. dba Salyers Short Stop; DOCKET NUMBER: 2007-0046-PST-E; IDENTIFIER: RN101844140; LOCATION: Clute, Brazoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i) and (B)(ii) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate and by failing to renew a delivery certificate by timely and proper submission of a completed underground storage tank (UST) registration and self-certification form; PENALTY: $1,155; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: John Benoit; DOCKET NUMBER: 2007-0277-MLM-E; IDENTIFIER: RN105120737; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste (MSW) at an unauthorized site; and 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning; PENALTY: $12,750; ENFORCEMENT COORDINATOR: Alison Echlin, (512) 239-3308; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: BMB Wood Recycling, Ltd.; DOCKET NUMBER: 2007-0128-AIR-E; IDENTIFIER: RN104408497; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: wood grinding and recycling plant; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent wood dust emissions from pallet grinding operations from migrating onto adjacent property and creating a nuisance condition; PENALTY: $1,790; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: C. Johnnie-on-the-Spot Portable Toilets, Inc.; DOCKET NUMBER: 2006-0671-SLG-E; IDENTIFIER: RN103163101; LOCATION: Nederland, Jefferson County, Texas; TYPE OF FACILITY: chemical toilet rental and sludge transportation operation; RULE VIOLATED: 30 TAC §312.142(a), by failing to obtain a sludge transporter registration; 30 TAC §312.145, by failing to properly record collection and disposal activities; 30 TAC §312.144(a), by failing to prominently mark the company name on six trucks and to mark the registration number on the waste trucks with numbers at least two inches in height; 30 TAC §312.144(f), by failing to prominently mark discharge valves on the trucks; and 30 TAC §312.146 and the Code, §26.121(a), by failing to prevent the unauthorized discharge of pollutants; PENALTY: $8,500; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Citgo Refining and Chemicals Company, L.P.; DOCKET NUMBER: 2007-0170-AIR-E; IDENTIFIER: RN102555166; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum and petrochemical processing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Permit Number 5418A, General Conditions, Maximum Allowable Emission Rates, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,550; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(8) COMPANY: Eastman Chemical Company; DOCKET NUMBER: 2007-0013-AIR-E; IDENTIFIER: RN100219815; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§113.130, 116.115(c), and 122.143(4), 40 Code of Federal Regulations (CFR) §63.167(a)(1), Federal Operating Permit (FOP) O-01974, Special Terms and Conditions Numbers 1A and 6, New Source Review (NSR) Permit 52985, Special Condition Number 10E, and THSC, §382.085(b), by failing to equip open-ended lines with a cap, blind flange, plug, or second valve; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP O-01974, Special Terms and Conditions Number 6, and NSR Permit 52985, Special Condition Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §113.110 and §122.143(4), 40 CFR §63.104(b)(4), FOP O-01974, Special Terms and Conditions Number 1A, and THSC, §382.085(b), by failing to sample at both the entrance and exit of each heat exchange system to detect leaks; and 30 TAC §122.143(4) and §122.145(2)(A), FOP O-01974, General Terms and Conditions, and THSC, §382.085(b), by failing to report all instances of deviations; PENALTY: $33,990; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(9) COMPANY: Hawkins Homes, Inc.; DOCKET NUMBER: 2007-0126-WQ-E; IDENTIFIER: RN104454954; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: 8-acre single-family residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; and the Code, §26.121(a), by failing to prevent the unauthorized discharge of sediment into water of the state; PENALTY: $3,210; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(10) COMPANY: Jacobs Water Supply Corporation; DOCKET NUMBER: 2007-0202-PWS-E; IDENTIFIER: RN101181428; LOCATION: Rusk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level for total trihalomethanes; PENALTY: $805; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(11) COMPANY: City of Kemp; DOCKET NUMBER: 2007-0256-MWD-E; IDENTIFIER: RN102218435; LOCATION: Kemp, Kaufman County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10695001, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $12,530; Supplemental Environmental Project (SEP) offset amount of $10,024 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")- Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: City of Leonard; DOCKET NUMBER: 2006-2171-MWD-E; IDENTIFIER: RN101919322; LOCATION: Leonard, Fannin County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(17), TPDES Permit Number 10920001, Final Effluent Limitations and Monitoring Requirements 1, Sludge Provisions, and the Code, §26.121(a), by failing to comply with permit effluent limits and by failing to submit monitoring results; PENALTY: $9,600; Supplemental Environmental Project (SEP) offset amount of $7,680 applied to having the Respondent connect to the City of Leonard's wastewater collection system one home, owned by a low income homeowner, which has a substandard or failing septic system; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Maxim Production Co., Inc.; DOCKET NUMBER: 2007-0009-AIR-E; IDENTIFIER: RN100893338; LOCATION: Boling, Wharton County, Texas; TYPE OF FACILITY: egg production farm; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization for the poultry incinerator; and the Code, §26.0291 and §205.6 and the Code, §5.702(a), by failing to pay outstanding general wastewater permit fees and all applicable late fees; PENALTY: $3,960; ENFORCEMENT COORDINATOR: Sherronda Martin, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Mills Road Municipal Utility District; DOCKET NUMBER: 2007-0262-MWD-E; IDENTIFIER: RN102739380; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0011907002, Effluent Limitations and Monitoring Requirement Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations; PENALTY: $2,140; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: John L. Moore; DOCKET NUMBER: 2007-0271-PWS-E; IDENTIFIER: RN103747317; LOCATION: McLennan County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.381(b) and the Code, §37.003, by failing to acquire and maintain a license to operate a public water supply; PENALTY: $270; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(16) COMPANY: N.B.Wood Recycling and Construction, Ltd.; DOCKET NUMBER: 2007-0346-MSW-E; IDENTIFIER: RN105150999; LOCATION: Garden Ridge, Comal County, Texas; TYPE OF FACILITY: portable wood grinder at a land clearing operation; RULE VIOLATED: 30 TAC §332.8(b)(3) and (4), by failing to equip the grinder with low-velocity fog nozzles or have portable water equipment available during grinding operations; PENALTY: $500; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(17) COMPANY: City of Nixon; DOCKET NUMBER: 2007-0373-MWD-E; IDENTIFIER: RN102181781; LOCATION: Nixon, Gonzales County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010234001, Effluent Limitations and Monitoring Requirements Number 1 for Outfall 001A, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $1,680; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(18) COMPANY: NJB & Sons, Inc. dba Greenbrier Golf Club; DOCKET NUMBER: 2007-0021-MWD-E; IDENTIFIER: RN101523009; LOCATION: McLennan County, Texas; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10888001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $1,250; Supplemental Environmental Project (SEP) offset amount of $500 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")- Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: Rescar, Inc.; DOCKET NUMBER: 2007-0087-AIR-E; IDENTIFIER: RN100234681; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: railcar repair and painting; RULE VIOLATED: 30 TAC §122.145(2)(A) and (2)(B), FOP Number 1532, Special Condition (SC) 1A, and THSC, §382.085(b), by failing to submit deviation reports; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18226, SC 9(C) and 9(D)(3), FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to maintain complete records; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18226, SC 9(D)(1), FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to produce monthly reports of volatile organic compound emissions; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18226, SC 9(D)(2), FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to maintain monthly reports on the coating lines; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 19342, SC 12(C), FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to maintain documentation and electronic records as specified on each railcar entering the facility; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 19342, SC 7(A) and 7(D), FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to comply with daily monitoring requirements for the carbon absorption unit; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 19342, SC 9, FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to establish and perform a site-wide maintenance and inspection program; and 30 TAC §116.115(c) and §122.143(4), Air Permit Number 19342, SC 12(D), FOP Number 1532, SC 7, and THSC, §382.085(b), by failing to comply with the monthly reporting requirements on railcar cleaning; PENALTY: $34,000; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(20) COMPANY: City of Robinson; DOCKET NUMBER: 2006-2170-IWD-E; IDENTIFIER: RN101918605; LOCATION: McLennan County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0003466000 Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted limits for chloride and total suspended solids; and 30 TAC §305.125(1) and TPDES Permit Number WQ0003466000 Monitoring and Reporting Requirements Number 1, by failing to submit discharge monitoring reports; PENALTY: $4,960; Supplemental Environmental Project (SEP) offset amount of $3,968 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D")- Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(21) COMPANY: S & S USA Enterprises, Inc. dba Berry Food Store; DOCKET NUMBER: 2006-1983-PST-E; IDENTIFIER: RN100890979; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1), (3), (5), and (7)(A) and THSC, §382.085(b), by failing to maintain all required Stage II records on site and make them immediately available for review; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.248(1) and THSC, §382.085(b), by failing to make each employee aware of the purposes and correct operation procedures of the Stage II equipment; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each dispenser equipped with a Stage II system; 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for all USTs; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a release detection method capable of detecting a release; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; 30 TAC §334.7(d)(3), by failing to provide written notice of any change or additional information to the commission; 30 TAC §334.8(c)(4)(B) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, TCEQ delivery certificate; PENALTY: $13,950; ENFORCEMENT COORDINATOR: Deana Holland, (512) 239-2504; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(22) COMPANY: Ezequiel Tapia dba Tapia Dairy 1; DOCKET NUMBER: 2007-0265-WQ-E; IDENTIFIER: RN102078649; LOCATION: Runnels County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: TPDES Permit Number TXG920033 Part III A.8.(c) and the Code, §26.121(a)(1), by failing to prevent the discharge of wastewater into or adjacent to waters in the state; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(23) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-0080-IHW-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §305.64(g), 40 CFR §270.40(b), and THSC, §361.085, by failing to demonstrate compliance with the requirements of 30 TAC Chapter 37, Subchapter P within six months of the date of the change of ownership or operational control of the facility; PENALTY: $1,000; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(24) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-0365-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Air Permit Number 46307, Special Condition Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; Supplemental Environmental Project (SEP) offset amount of $8,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(25) COMPANY: Lan C. Bui dba Tip Top Cleaners; DOCKET NUMBER: 2006-1280-DCL-E; IDENTIFIER: RN104026547; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULE 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; PENALTY: $1,185; ENFORCEMENT COORDINATOR: Amy Martin, (512) 239-2540; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: Transcontinental Gas Pipe Line Corporation; DOCKET NUMBER: 2007-0041-AIR-E; IDENTIFIER: RN100211838; LOCATION: Sour Lake, Harden County, Texas; TYPE OF FACILITY: natural gas transmission plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A)- (C), Permit Number O-00668, Special Terms and Conditions (b)(2), and THSC, §382.085(b), by failing to properly report a deviation and by failing to report the occurrence of that deviation in a semi-annual deviation report; PENALTY: $2,240; ENFORCEMENT COORDINATOR: Jessica Rhodes, (512) 239-2879; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: City of Uvalde; DOCKET NUMBER: 2006-1842-MWD-E; IDENTIFIER: RN103119087; LOCATION: Uvalde County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010306001, Effluent Limitations and Monitoring Requirements Number 1 for Outfalls 001A, 002A, and 003A, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $21,125; Supplemental Environmental Project (SEP) offset amount of $16,900 applied to conduct a city-wide waste tire collection event and illegal tire dump clean up program; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(28) COMPANY: Viridis Energy (Texas), LP; DOCKET NUMBER: 2006-1788-MLM-E; IDENTIFIER: RN102495421; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: landfill gas recovery; RULE VIOLATED: 30 TAC §30.201(b), by failing to have at least one properly licensed individual who supervises or manages the operations at the landfill gas recovery facility; 30 TAC §305.70(j)(21) and §330.121(a) (formerly 30 TAC §330.150(1) incorporating 30 TAC §330.111(a)), by failing to comply with the facility's permit and incorporated plans or other related documents associated with the permit and failure to notify the executive director with modifications to the landfill gas collection system design; 30 TAC §335.69(a)(1)(B) and 40 CFR §265.193(a)(1), by failing to provide adequate secondary containment for a hazardous waste tank; and 30 TAC §335.6(c), by failing to update the facility's notice of registration; PENALTY: $46,046; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: West Harrison Water Supply Corporation; DOCKET NUMBER: 2007-0062-PWS-E; IDENTIFIER: RN101451532; LOCATION: Hallsville, Harrison County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps with a total capacity of two gallons per minute (gpm) per connection; 30 TAC §290.45(b)(1)(D)(v) and THSC, §341.0315(c), by failing to provide emergency power to deliver water at a rate of 0.35 gpm per connection; 30 TAC §290.46(t), by failing to maintain a legible sign at well number two that includes the name of the water supply and an emergency telephone number where a responsible official can be reached; and 30 TAC §290.46(f)(2) and (f)(3)(B)(v), by failing to maintain records regarding the calibration of the flow meter for well number three and to make those records available; PENALTY: $798; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(30) COMPANY: WTG Gas Processing, L.P.; DOCKET NUMBER: 2007-0093-AIR-E; IDENTIFIER: RN100211754; LOCATION: Howard County, Texas; TYPE OF FACILITY: natural gas gathering and compression station; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 36189/PSD-TX-887, Special Condition 10, and THSC, §382.085(b), by failing to provide results of semi-annual engine testing; and 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit a timely semi-annual deviation report; PENALTY: $2,444; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

TRD-200701708

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 1, 2007

Enforcement Orders

A default order was entered regarding Robert (Bobby) Barton McCans, Jr. dba Aaron Irrigation and Landscaping Co., Docket No. 2002-0695-LII-E on April 13, 2007, assessing $3,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Oloko, Staff Attorney, at (713) 422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding South Texas Chlorine, Inc., Docket No. 2004-0142-MLM-E on April 13, 2007, assessing $5,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney, at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Horace Findley dba Bosque Brazos Valley Water Systems, Inc., Docket No. 2005-0075-PWS-E on April 13, 2007, assessing $7,921 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Deanna Sigman, Staff Attorney, at (512) 239-0619, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2005-0257-AIR-E on April 13, 2007, assessing $157,959 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jennifer Cook, Staff Attorney, at (512) 239-1873, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Light Business, Inc. dba Farmco 202, Docket No. 2005-1634-PST-E on April 13, 2007, assessing $3,150 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney, at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Marti M. Carder dba Pier 57, Docket No. 2005-1683-PWS-E on April 13, 2007, assessing $1,118 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney, at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rick Lumbley dba Lum's Country Store, Docket No. 2006-0462-PST-E on April 13, 2007, assessing $2,750 in administrative penalties with $550 deferred.

Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator, at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Jim B. Clemons, Docket No. 2006-0470-OSI-E on April 13, 2007, assessing $1,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney, at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Price Construction, Ltd., Docket No. 2006-0522-AIR-E on April 13, 2007, assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rachael Gaines, Staff Attorney, at (512) 239-0078, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lin Song dba Midcity Cleaners, Docket No. 2006-0707-DCL-E on April 13, 2007, assessing $420 in administrative penalties with $84 deferred.

Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator, at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Vien T. Le dba Classy Cleaners & Alterations, Docket No. 2006-0728-DCL-E on April 13, 2007, assessing $1,067 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator, at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Kyo M. Chung dba VIP Cleaner, Docket No. 2006-0768-DCL-E on April 13, 2007, assessing $1,185 in administrative penalties.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2006-0797-MLM-E on April 13, 2007, assessing $13,500 in administrative penalties with $2,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Jessica Rhodes, Enforcement Coordinator, at (512) 239-2879, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Alex, Inc. dba Brothers II Cleaners, Docket No. 2006-0908-DCL-E on April 13, 2007, assessing $955 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney, at (512) 239-2496, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Questech Services Corporation, Docket No. 2006-0941-IHW-E on April 13, 2007, assessing $18,189 in administrative penalties with $3,637 deferred.

Information concerning any aspect of this order may be obtained by contacting Craig Fleming, Enforcement Coordinator, at (512) 239-5806, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BFI Waste Services of Texas, LP, Docket No. 2006-1029-IHW-E on April 13, 2007, assessing $1,122 in administrative penalties with $224 deferred.

Information concerning any aspect of this order may be obtained by contacting Alison Echlin, Enforcement Coordinator, at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Conference Association of Seventh-Day Adventists dba The Oaks Adventist Christian School, Docket No. 2006-1063-PWS-E on April 13, 2007, assessing $1,220 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anita Keese, Enforcement Coordinator, at (956) 430-6034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Hidalgo, Docket No. 2006-1073-MWD-E on April 13, 2007, assessing $25,000 in administrative penalties with $5,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Ruben Soto, Enforcement Coordinator, at (512) 239-4571, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Union Carbide Corporation, Docket No. 2006-1080-AIR-E on April 13, 2007, assessing $10,233 in administrative penalties with $2,047 deferred.

Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator, at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PD Glycol, Docket No. 2006-1133-AIR-E on April 13, 2007, assessing $10,575 in administrative penalties with $2,115 deferred.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator, at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Van & Jacqui, Inc. dba 1.35 Cleaners, Docket No. 2006-1173-DCL-E on April 13, 2007, assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding JJ & JM Enterprise, Inc. dba Five Star, Docket No. 2006-1269-DCL-E on April 13, 2007, assessing $1,067 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator, at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rahim Ali dba Sierra Cleaners, Docket No. 2006-1287-DCL-E on April 13, 2007, assessing $889 in administrative penalties with $178 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator, at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gulamali Bandali dba Afton Oaks Cleaners, Docket No. 2006-1291-DCL-E on April 13, 2007, assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Marina G. Reyes dba Marina's Cleaners, Docket No. 2006-1292-DCL-E on April 13, 2007, assessing $889 in administrative penalties with $178 deferred.

An agreed order was entered regarding Nova Chemicals Inc., Docket No. 2006-1299-IHW-E on April 13, 2007, assessing $5,814 in administrative penalties with $1,163 deferred.

An agreed order was entered regarding Kyu Enterprise, Inc. dba K's Cleaners, Docket No. 2006-1350-DCL-E on April 13, 2007, assessing $889 in administrative penalties with $178 deferred.

An agreed order was entered regarding Nicolos T. Ponce dba Bryan CS Cleaners, Docket No. 2006-1359-DCL-E on April 13, 2007, assessing $1,778 in administrative penalties with $356 deferred.

An agreed order was entered regarding Sultan, Inc. dba Superior Cleaners, Docket No. 2006-1381-DCL-E on April 13, 2007, assessing $889 in administrative penalties with $178 deferred.

An agreed order was entered regarding City of Edinburg, Docket No. 2006-1413-MLM-E on April 13, 2007, assessing $10,213 in administrative penalties with $2,043 deferred.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Food Mart Inc. dba Neighborhood Chevron, Docket No. 2006-1415-PST-E on April 13, 2007, assessing $1,925 in administrative penalties with $385 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator, at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Navico Corp dba Dixie Cleaners and dba Hi Tech Cleaners, Docket No. 2006-1424-DCL-E on April 13, 2007, assessing $2,370 in administrative penalties with $474 deferred.

An agreed order was entered regarding Gaylord Willett dba Essman Warehouse Complex, Docket No. 2006-1429-PWS-E on April 13, 2007, assessing $1,188 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Sandy VanCleave, Enforcement Coordinator, at (512) 239-2670, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Zucker Enterprises, Inc. dba Sparkle Cleaners, Docket No. 2006-1461-DCL-E on April 13, 2007, assessing $2,370 in administrative penalties with $474 deferred.

Information concerning any aspect of this order may be obtained by contacting Shontay Wilcher, Enforcement Coordinator, at (512) 239-2136, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of La Ward, Docket No. 2006-1492-MWD-E on April 13, 2007, assessing $8,680 in administrative penalties with $1,736 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator, at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2006-1494-PWS-E on April 13, 2007, assessing $4,300 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator, at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Michael O. Keiffer and Kristen M. Keiffer dba Candy Cleaners, Docket No. 2006-1503-DCL-E on April 13, 2007, assessing $889 in administrative penalties with $178 deferred.

An agreed order was entered regarding Matthew John Reino dba Lucy's Cleaners, Docket No. 2006-1504-DCL-E on April 13, 2007 assessing $1,067 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Jason Godeaux, Enforcement Coordinator, at (512) 239-2541, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Invista S.a.r.l., Docket No. 2006-1506-MLM-E on April 13, 2007, assessing $2,400 in administrative penalties with $480 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator, at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dale Water Supply Corporation, Docket No. 2006-1508-PWS-E on April 13, 2007, assessing $2,433 in administrative penalties.

An agreed order was entered regarding Fuad Azar dba Pik Kwick 1, Docket No. 2006-1516-PST-E on April 13, 2007, assessing $3,150 in administrative penalties with $630 deferred.

An agreed order was entered regarding Aqua Development, Inc. dba Aqua Texas, Inc., Docket No. 2006-1546-MWD-E on April 13, 2007, assessing $6,080 in administrative penalties with $1,216 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator, at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Lone Star Industries, Inc., Docket No. 2006-1549-AIR-E on April 13, 2007, assessing $14,544 in administrative penalties with $2,909 deferred.

Information concerning any aspect of this order may be obtained by contacting Cari-Michel La Caille, Enforcement Coordinator, at (512) 239-1387, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Bok Hee Kim dba Elite Professional Cleaners, Docket No. 2006-1555-DCL-E on April 13, 2007, assessing $770 in administrative penalties with $154 deferred.

An agreed order was entered regarding Sabah Corporation, Inc. dba VIP Cleaners and dba Liberty Cleaners, Docket No. 2006-1557-DCL-E on April 13, 2007, assessing $3,555 in administrative penalties with $711 deferred.

Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator, at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sharp Investment, Inc. dba Little Buddy 2, Docket No. 2006-1566-PST-E on April 13, 2007, assessing $6,000 in administrative penalties with $1,200 deferred.

An agreed order was entered regarding Ann Van Nguyen dba Comet Cleaners, Docket No. 2006-1584-DCL-E on April 13, 2007, assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Soo Jin Chung dba Livingstone Cleaners, Docket No. 2006-1615-DCL-E on April 13, 2007, assessing $1,185 in administrative penalties with $237 deferred.

Information concerning any aspect of this order may be obtained by contacting Suzanne Walrath, Enforcement Coordinator, at (512) 239-2134, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kempwood Enterprises, LLC dba Chevron Mini Mart 3, Docket No. 2006-1628-PST-E on April 13, 2007, assessing $3,150 in administrative penalties with $630 deferred.

An agreed order was entered regarding Valet Express Dry Cleaning Services Company, Inc. dba Valet Express, Docket No. 2006-1642-DCL-E on April 13, 2007, assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Sandy's Cleaners and Alterations, Inc. dba Carol's Tailoring and Alterations, Docket No. 2006-1646-DCL-E on April 13, 2007, assessing $1,067 in administrative penalties with $213 deferred.

An agreed order was entered regarding Barkat Aly dba Reveille Cleaners, Docket No. 2006-1693-DCL-E on April 13, 2007 assessing $1,067 in administrative penalties with $237 deferred.

An agreed order was entered regarding Stowaway Bay Property Owners Association, Docket No. 2006-1709-MWD-E on April 13, 2007, assessing $6,600 in administrative penalties with $1,320 deferred.

An agreed order was entered regarding Texas H2O, Inc., Docket No. 2006-1711-PWS-E on April 13, 2007, assessing $2,625 in administrative penalties with $525 deferred.

Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator, at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Eagle Pass Water Works System, Docket No. 2006-1712-PWS-E on April 13, 2007, assessing $6,272 in administrative penalties with $1,255 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator, at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Buda Economic Development Corporation, Docket No. 2006-1721-WQ-E on April 13, 2007, assessing $1,600 in administrative penalties with $320 deferred.

Information concerning any aspect of this order may be obtained by contacting Pam Campbell, Enforcement Coordinator, at (512) 239-4493, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Lancaster, Docket No. 2006-1731-PWS-E on April 13, 2007, assessing $525 in administrative penalties with $105 deferred.

Information concerning any aspect of this order may be obtained by contacting Amy Martin, Enforcement Coordinator, at (512) 239-2540, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Triad Hospitals, Inc., Docket No. 2006-1758-EAQ-E on April 13, 2007, assessing $54,000 in administrative penalties with $10,800 deferred.

An agreed order was entered regarding Multiple Concepts, Inc. dba Step N Go Food Store, Docket No. 2006-1782-PST-E on April 13, 2007, assessing $2,250 in administrative penalties with $450 deferred.

An agreed order was entered regarding Jetta Operating Company, Inc., Docket No. 2006-1811-AIR-E on April 13, 2007, assessing $15,000 in administrative penalties with $3,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator, at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Imperial Homes Texas, Ltd., Docket No. 2006-1837-WQ-E on April 13, 2007, assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding Hugh Howard dba Rio Grande Distributors Inc, Docket No. 2006-1847-PST-E on April 13, 2007, assessing $1,050 in administrative penalties with $210 deferred.

An agreed order was entered regarding INEOS USA LLC, Docket No. 2006-1893-AIR-E on April 13, 2007, assessing $4,450 in administrative penalties with $890 deferred.

A field citation was entered regarding Terry L. Babb, Sr., Docket No. 2006-2091-PWS-E on April 13, 2007, assessing $210 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator, at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Kimberly F. Miller, Docket No. 2007-0051-PWS-E on April 13, 2007, assessing $210 in administrative penalties.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-0073-AIR-E on April 13, 2007, assessing $31,336 in administrative penalties.

A field citation was entered regarding George West ISD, Docket No. 2007-0163-PST-E on April 13, 2007, assessing $1,750 in administrative penalties.

A field citation was entered regarding Presidio ISD, Docket No. 2007-0164-PST-E on April 13, 2007, assessing $875 in administrative penalties.

A field citation was entered regarding Billy Askins, Docket No. 2007-0165-PWS-E on April 13, 2007, assessing $210 in administrative penalties.

A field citation was entered regarding Premier Golf Management Inc., Docket No. 2007-0166-PST-E on April 13, 2007, assessing $875 in administrative penalties.

An agreed order was entered regarding United States Gypsum Company, Docket No. 2006-1773-AIR-E on April 13, 2007, assessing $18,375 in administrative penalties with $3,675 deferred.

An order was entered regarding Manuel Manriquez dba M & A Oil Co., Docket No. 2004-1315-PST-E on April 13, 2007, assessing $6,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Justin Lannen, Staff Attorney, at (817) 588-5927, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

TRD-200701726

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 2, 2007

Notice of District Petition

Notices Issued April 30, 2007 through May 1, 2007

TCEQ Internal Control No. 03152007-D06; Roman Forest Consolidated Municipal Utility District of Montgomery County has applied to the Texas Commission on Environmental Quality (TCEQ) for authority to adopt and impose an annual uniform operations and maintenance standby fee of $216 per equivalent single family connection per month for calendar years 2007-2010, on unimproved property within the District. The application was filed pursuant to Chapter 49 of the Texas Water Code, 30 Texas Administrative Code (TAC) Chapter 293, and the procedural rules of the TCEQ. The TCEQ may approve the annual standby fee as requested, or it may approve a lower annual standby fee, but it shall not approve an annual standby fee greater than the amount requested. The standby fee is a personal obligation of the person owning the undeveloped property on January 1 of the year for which the fee is assessed. A person is not relieved of his pro-rated share of the standby fee obligation on transfer of title to the property. On January 1 of each year, a lien is attached to the undeveloped property to secure payment of any standby fee imposed and the interest or penalty, if any, on the fee. The lien has the same priority as a lien for taxes of the District. The purpose of standby fees is to distribute a fair portion of the cost burden for operations and maintenance costs of the District facilities to owners of property who have not constructed vertical improvements but have water, wastewater, or drainage facilities or services available. Any revenues collected from the operations and maintenance standby fees shall be used to supplement the District's operations and maintenance account.

TCEQ Internal Control No. 10312006-D01; Double J Investments, L.P.; Easy Kyle Partners, L.P.; RSP Partners Development, L.P.; Lester Wayne Westberg, Barbara M. Swenson, and Jack R. Swenson (Petitioners) filed a petition for the creation of Siena Municipal Utility District No. 1 of Williamson County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk of Williamson County, pursuant to 30 TAC §293.11(d). The petition states the following: (1) the Petitioners hold title to land within the proposed District and are owners of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 549.02 acres located in Williamson County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Round Rock, Texas. By Resolution No. R-06-10-26-13G1, effective October 26, 2006, the City of Round Rock, Texas, gave its consent to the creation of the proposed District, pursuant to the Texas Water Code, §54.016. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $85,910,000.

TCEQ Internal Control No. 10312006-D02; Double J Investments, L.P. and Easy Kyle Partners, L.P. (Petitioners) filed a petition for the creation of Siena Municipal Utility District No. 2 of Williamson County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk of Williamson County, pursuant to 30 TAC §293.11(d). The petition states the following: (1) the Petitioners hold title to land within the proposed District and are owners of a majority in value of the land to be included in the proposed District; (2) there are three lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 310.915 acres located in Williamson County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Round Rock, Texas. By separate affidavits, the three lien holders, David Lynn Oman, Richard Liardon, and Betty Carol Finn, have consented to the creation of the proposed District. By Resolution No. R-06-10-26-13G1, effective October 26, 2006, the City of Round Rock, Texas, gave its consent to the creation of the proposed District, pursuant to the Texas Water Code, §54.016. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $45,070,000.

TCEQ Internal Control No. 02222007-D04; Timberleaf Properties, LP (the Petitioner) filed a petition for creation of Liberty County Municipal Utility District No. 2 (the District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 618.14 acres located in Liberty County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. The Petitioner by separate affidavit indicates that there is one lien holder, Capital Farm Credit FLCA, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District. By Resolution No. 2007-60, effective January 23, 2007, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $21,341,745.

TCEQ Internal Control No. 02212007-D02; Timberleaf Properties, LP (the Petitioner) filed a petition for creation of Liberty County Municipal Utility District No. 3 (the District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 736.96 acres located in Liberty County, Texas; and (3) the proposed District is within the extraterritorial jurisdiction of the City of Houston, Texas. The Petitioner by separate affidavit, indicates that there is one lien holder, Capital Farm Credit FLCA, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with a certificate evidencing the lien holder's consent to the creation of the proposed District. By Resolution No. 2007-61, effective January 23, 2007, the City of Houston, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project; and from the information available at the time, the cost of the project is estimated to be approximately $29,207,402.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. 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) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests 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 Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200701725

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: May 2, 2007

Notice of Public Meeting

Notice of public meeting on Thursday June 14, 2007 at 7:00 p.m. at the Cain Civic Center, 915 South Palestine, Athens, Texas concerning the Harvey Industries proposed state Superfund site.

The purpose of the meeting is to obtain public input and information concerning the intent to take no further action at the site and to delete the site from the state Superfund registry.

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of intent to take no further action at the Harvey Industries proposed state Superfund site (the site) and to delete the site from its proposed-for-listing status on the state Superfund registry. The state registry is the list of state Superfund sites which may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The commission is proposing this deletion because the ED has determined that due to removal actions that have been performed the site no longer presents such an endangerment. This combined notice was also published in the Athens Daily Review on May 11, 2007.

The site was proposed for listing on the state Superfund registry in the May 9, 1995, issue of the Texas Register (20 TexReg 3506). The site, including all land, structures, appurtenances, and other improvements, is located at the southeast corner of the intersection of Farm Road 2495 and Texas 31 in Athens, Henderson County, Texas. The site also includes any areas where hazardous substances had come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The site was developed as a television cabinet and circuit board manufacturing facility in 1955. In 1973 a landfill was permitted for the facility in the location of a former clay mining pit. The landfill reportedly received sawdust, wood, cardboard, general refuse, paint sludge and other industrial solid wastes. A hazardous waste incinerator and a fire training area were also located on the site separate from the landfill. The waste incinerator and fire training areas, including associated groundwater impacts, were remediated by previous owners or operators of the site prior to the site being proposed to the state registry of superfund sites. The hazard ranking system documentation prepared for the site in 1994 identified potential hazards associated with the landfill and potential hazards associated with approximately 300 drums and containers of paint wastes and spent solvents located in various structures on the site. The drums and containers of waste were removed by a third party under an agreement with the state which provided for cleanup of the on-site buildings and warehouses in exchange for the right to lease the warehouses.

From 1996 through 1998 the state conducted a remedial investigation of the site which determined that no hazardous substances exceeding protective concentrations were located within the landfill or soil at the site. However, the investigation determined that arsenic, beryllium, lead and nickel slightly exceeded protective concentrations in shallow groundwater at the site. A 2001 draft proposal to address groundwater contamination by natural attenuation was withdrawn by the state when the protective concentration for arsenic was revised by a change in federal regulations.

Additional site investigations conducted from 2002 through 2005 determined that landfill gas (methane) generated by the decomposition of solid waste in the landfill at the site could have presented a future hazard to occupants of the nearby on-site buildings and could have affected the groundwater chemistry to allow the mobilization of contaminants in groundwater. Therefore, in 2006, a landfill gas venting system was installed to prevent buildup and further migration of landfill gas and to improve groundwater geochemistry.

Ongoing groundwater monitoring conducted since 2001 has demonstrated that no hazardous constituents associated with the site remain in groundwater at levels that present a risk to human health or the environment. It is believed that natural attenuation and changes in geochemistry associated with the landfill gas venting system will prevent future occurrences of hazardous substances above protective concentrations in the groundwater associated with the site. In one very isolated area outside the boundaries of the facility, shallow groundwater impacted by cadmium exceeds protective levels. However, this contamination is not attributable to the site and therefore is not being addressed as part of the site.

In accordance with 30 TAC §335.5(a), notice will be recorded in the county deed records in Henderson County that an industrial solid waste landfill remains on the site. The TCEQ will conduct long-term operations and maintenance (O&M) activities to ensure continued function and integrity of the industrial solid waste landfill cover, the landfill gas venting system, a perimeter fence around the landfill and groundwater monitoring wells. O&M activities will include groundwater monitoring to ensure that no future releases are associated with the solid waste in the landfill remaining on site.

As a result of the removal actions that have been performed at the site, the ED has determined that the site no longer presents an imminent and substantial endangerment to public health and safety or the environment. Therefore, no further action other than continued O&M activities is necessary at the site and the site is eligible for deletion from the state registry of Superfund sites as provided by 30 TAC §335.344(c).

The commission will hold a public meeting to receive comment on the proposed deletion of the site and the determination to take no further action beyond continued O&M activities. This public meeting is not a contested case hearing under Texas Government Code, Chapter 2001. The public meeting is scheduled for 7:00 p.m. on Thursday June 14, 2007 at the Cain Civic Center, 915 South Palestine, Athens, Texas.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m. on June 13, 2007, and should be sent in writing to Alan Etheredge, Project Manager, TCEQ, Remediation Division, MC 143, P.O. Box 13087, Austin, Texas 78711-3087 or by facsimile (512) 239-2450. The public comment period for this action will end at the close of the public meeting on June 14, 2007.

A portion of the record for this site, including documents pertinent to the proposed deletion of the site, is available for review during regular business hours at the Henderson County Library, 121 S. Prairieville Street, Athens, Texas, (903) 677-7295. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-5674. Requests should be made as far in advance as possible.

For further information regarding this meeting, please call John Flores, TCEQ Community Relations, at (800) 633-9363.

TRD-200701710

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: May 1, 2007

Notice of the Executive Director's Response to Public Comments and Explanation of Changes

This general permit is proposed under the authority found in Texas Water Code (TWC), §26.040. General Permit Number TXG340000 would renew authorization for surface discharges of facility wastewater, contact storm water, and storm water associated with industrial activities from petroleum bulk stations and terminals (PBSTs) into or adjacent to water in the state.

Prior to issuing a general permit, the Executive Director (ED) of the Texas Commission on Environmental Quality (commission or TCEQ) must comply with TWC, §26.040(d) and 30 Texas Administrative Code (TAC) §205.3(c). Both provisions require the ED to respond to all timely public comments that raise "relevant and material" or "significant" issues. The ED must make these responses publicly available and must file them with the commission's Chief Clerk at least ten days before the TCEQ considers whether to approve the general permit. Accordingly, the ED now files this response to comments (Response) to address concerns raised by the public with regard to a proposed general permit under the Texas Pollutant Discharge Elimination System (TPDES). In certain instances, the general permit was revised in response to comments received.

The Executive Director's Response to Comments.

The Office of Chief Clerk received a timely letter from the Texas Oil and Gas Association (TxOGA). These public comments have prompted changes in the proposed general permit.

Comments and Responses

Comment No. 1: TxOGA requests that all references to Standard Industrial Classification (SIC) Code 5171 be deleted in the draft permit. TxOGA continues by stating that the original United States Environmental Protection Agency general permit issued in 1984 did not include SIC Code 5171 and that it was incorrectly inserted into the permit by the TCEQ in the renewal. TxOGA believes that, by referencing SIC Code 5171, the permit limits the applicability of the permit and inadvertently excludes petroleum storage and transfer facilities that do not operate under this SIC code.

Response No. 1: The ED agrees that the reference of SIC Code 5171 may limit the applicability of the permit and exclude facilities that do not operate under this SIC code. Therefore, the reference to SIC Code 5171 located on the cover page of the draft permit, included in the definition of Storm Water Associated with Industrial Activities, and located in Part II. Section A. Discharges Covered were removed from the permit. The draft permit was renoticed in the Texas Register on May 19, 2006 (31 TexReg 4258) and was republished in the Houston Chronicle on May 15, 2006. The public notice for the 1999 issuance of TXG340000 (63 FR 41848) states that the listing of petroleum bulk stations and terminals is not intended to be exhaustive and that other types of entities not listed could also be regulated.

Comment No. 2: TxOGA commented that it appears that the TCEQ used the same monitoring parameters for lead and methyl tertiary butyl ether (MTBE) as found in TPDES General Permit TXG830000 for Petroleum Fuel and Petroleum Substances Discharges (remediation systems). TxOGA stated there are significant differences in the discharges from remediation systems and those from PBSTs. Remediation system discharges are continuous, while discharges from PBSTs are intermittent. Also, remediation systems commonly have carbon or air stripper treatment prior to discharge, while PBSTs do not. Due to these differences, TxOGA states that General Permit TXG340000 should not contain the same limitations for lead and MTBE as General Permit TXG830000.

TxOGA further commented that the lead limits should remain as they are in the existing permit, 0.25 milligrams per liter (mg/L) and that the MTBE limit should be "report only" to allow the industry to collect data to demonstrate potential compliance or noncompliance with the proposed 0.24 mg/L MTBE limit. The report only requirement would give the facilities time to install controls if needed to meet the newly imposed MTBE limit.

Response No. 2: The addition of MTBE in this permit draft and the lower lead limits are based on an antidegradation review of TPDES General Permit TXG830000 by the TCEQ's Water Quality Standards Team. The team recommended a daily maximum limitation of 0.10 mg/L for total lead, except for counties in the Cypress, Sabine, and Neches River Basins. Due to the hardness value (which is used in the calculation of water quality limits) of the receiving streams in these basins, the recommended daily maximum limitation is 0.02 mg/L. The limitations for total lead were calculated using acute criteria which are based on intermittent low volume discharges and, therefore, are applicable to the intermittent discharges expected from PBSTs.

The team also recommended a 0.24 mg/L MTBE effluent limit to protect human health and to meet the criteria for drinking water taste and odor. The more sensitive criteria of 0.015 mg/L for taste and odor was allowed a 12 to 1 dilution as would be expected with the allowable effluent fraction which represents the critical mixing zone for water bodies large enough to constitute a drinking water supply as described in the The Procedures to Implement the Texas Surface Water Quality Standards (RG-194 (Revised)), dated January 2003.

Because of the nature of the discharge from General Permit TXG340000, which is similar in nature to the discharge allowed by TXG830000, and the similarity in the constituents of concern expected to be found in both discharges, the limitation for MTBE was added to the draft permit and the lead limitation was revised. Based on the addition of these limitations, the Water Quality Standards Team's review of draft General Permit TXG340000, states that "where permit requirements and storm water pollution prevention plans are properly implemented no significant degradation is expected and existing uses will be maintained and protected."

To address the comment that remediation systems commonly have carbon and/or air stripper treatment in place, a three-year compliance period, as allowed by 30 TAC §307.2(f), has been included for existing facilities to comply with the previously mentioned limitations for total lead and MTBE. The interim effluent limit for total lead will be 0.25 mg/L, the limitation in the existing permit. A report only requirement for MTBE will be required during the compliance period. An existing facility will be defined in the permit as a facility that was in operation prior to the issuance of this permit renewal.

TRD-200701709

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: May 1, 2007

Texas Public Finance Authority

Notice of Hearing - Cosmos Foundation, Inc. Education Revenue Bonds, Series 2007A

Notice is hereby given of a public hearing to be held on behalf of the Texas Public Finance Authority Charter School Finance Corporation on Friday, May 25, 2007, at 9:00 a.m. in the Conference Room, Suite 411 at the Texas Public Finance Authority, William P. Clements State Office Building, 300 W. 15th St, Austin, Texas, 78701 with respect to the captioned bonds (the "Bonds") to be issued in a principal amount not to exceed $30,000,000 by the Texas Public Finance Authority Charter School Finance Corporation. The proceeds of the Bonds will be loaned to Cosmos Foundation, Inc., a Texas non-profit corporation (the "School") for the following purposes: (a) financing and reimbursing certain costs for the construction, renovation and/or equipment of educational facilities, all located at 9421 West Sam Houston Parkway, Houston, Texas 77099; (b) financing and reimbursing certain costs for the construction, renovation and/or equipment of educational facilities, all located at 11995 Forestgate Drive, Dallas, Texas 75243; (c) financing and reimbursing certain costs for the construction, renovation and/or equipment of educational facilities, including an approximately 20,000 square foot new school building, all located at 2031 South Texas Avenue, Bryan, Texas 77802; (d) financing and reimbursing certain costs for the construction, renovation and/or equipment of educational facilities, including an approximately 35,000 square foot new school building, all located at the northeast corner of Cable Ranch Road and Lakeside Parkway, San Antonio, Texas; (e) renovating leased facilities on its campus located at 1900 North Valley Mills Drive, Waco, Texas 76710; (f) renovating leased facilities on its campus located at 5402 4th Street, Lubbock, Texas 79416; (g) renovating leased facilities on its campus located at 13415 West Belfort, Sugar Land, Texas 77478; (h) renovating leased facilities on its campus located at 4055 Calder Avenue, Beaumont, Texas 77706; (i) funding a debt service reserve fund or the purchase of a Reserve Fund Surety Policy and capitalized interest; and (j) paying a portion of the costs of issuance of the Bonds. The initial and exclusive operator of the project and the educational facilities is and will be the School.

The public hearing will be conducted by Judith Porras, General Counsel of the Texas Public Finance Authority, or her designee (the "Hearing Officer"). All interested persons are invited to attend such public hearing to express their views with respect to the above-described project and the Bonds. Questions or requests for additional information may be directed to the Hearing Officer (telephone: (512) 463-5681). Any interested persons unable to attend the hearing may submit their views in writing to the Hearing Officer prior to the date scheduled for the hearing. This notice is published and the hearing is to be held in satisfaction of the requirements of Section 147(f) of the Internal Revenue Code of 1986, as amended.

TRD-200701730

Kimberly Edwards

Executive Director

Texas Public Finance Authority

Filed: May 2, 2007

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) announces its intent to submit Amendment Number 763, Transmittal Number 07-004, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This amendment will revise the section of the state plan that addresses the Reimbursement Rates for State Veterans Homes under the Nursing Facility Reimbursement Methodology. The proposed amendment will be effective September 1, 2007.

The proposed amendment will update references from the legacy Department of Human Services to the current Department of Aging and Disability Services and will eliminate language requiring Veterans Administration (VA) per diem payments to the State of Texas Veterans Land Board for nursing home care to be offset against per diem payment rates for Medicaid-eligible residents. HHSC is making these changes to increase understanding and ease administration of the state plan and to bring Texas into compliance with §202 of the Veterans Health Programs Improvement Act of 2004 (Public Law No. 108-422), which clarified that per diem payments made by the VA for care of veterans in State veterans homes should not be used to offset or reduce other payments made to assist veterans.

If approved, the amendment is expected to result in annual aggregate increased costs of approximately $3,224,638 for federal Fiscal Year 2008, of which approximately $1,952,518 is federal funds and $1,272,120 is state general revenue. For federal Fiscal Year 2009, estimated increased costs are approximately $3,215,828, of which approximately $1,930,783 is federal funds and $1,285,045 is state general revenue.

To obtain additional information or copies of the proposed amendment or to submit written comments, interested parties may contact Pam McDonald by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200 or by telephone at (512) 491-1373. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200701595

Wendy Pellow

Assistant General Counsel

Texas Health and Human Services Commission

Filed: April 27, 2007

Public Notice

The Texas Health and Human Services Commission (HHSC) published a public notice regarding the Texas Disease Management Program 1915(b) waiver (number TX-17) in the April 27, 2007, issue of the Texas Register (32 TexReg 2399). The notice incorrectly stated that HHSC had received approval from the Centers for Medicare and Medicaid Services to renew the Texas Disease Management Program 1915(b) waiver (number TX-17) to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The correct notice should be as follows:

The Texas Health and Human Services Commission (HHSC) announces its intent to submit the State's application for a renewal of the Texas Disease Management Program 1915(b) waiver (number TX-17) to the Texas State Plan for Medical Assistance under Title XIX of the Social Security Act. The current waiver period is scheduled to expire on August 7, 2007; however, at the request of the Centers for Medicare and Medicaid Services to bring the waiver timeframe in line with the federal fiscal quarters, HHSC is requesting that the current waiver expire June 30, 2007, and that the waiver renewal be approved for a two-year period beginning July 1, 2007.

The waiver renewal provides for the continuation of the disease management program, which HHSC developed pursuant to the requirements of H.B. 727, 78th Legislature, Regular Session, 2003. The disease management program works in conjunction with current Medicaid services provided to Primary Care Case Management and fee-for-service clients. The program is designed to be an educational and care management service for individuals who receive services through the Texas Medicaid Program and who have one or more of the following conditions: Congestive Heart Failure, Asthma, Diabetes, Chronic Obstructive Pulmonary Disease, and Coronary Artery Disease. This waiver renewal maintains cost neutrality for each year in the two-year renewal period covering 2007 through 2009.

To obtain copies of the proposed waiver renewal, interested parties may contact Carmen Capetillo by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.capetillo@hhsc.state.tx.us.

TRD-200701719

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: May 2, 2007

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200701713

Cathy Campbell

General Counsel

Department of State Health Services

Filed: May 2, 2007

Notice of Emergency Cease and Desist Order on Primary Health Physicians, P.A., dba Carenow

Notice is hereby given that the Department of State Health Services (department) ordered Primary Health Physicians, P.A., Carenow (registrant-R25388-002) of Grapevine to cease and desist using the Summit x-ray unit until the entrance exposure radiation levels are within regulatory limits.

A copy of all relevant material is available, by appointment, for public inspection at the Department of State Health Services, Exchange Building, 8407 Wall Street, Austin, Texas, telephone (512) 834-6688, Monday-Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200701712

Cathy Campbell

General Counsel

Department of State Health Services

Filed: May 2, 2007

Texas Department of Insurance

Notice of Re-Opened Call for Issues Related to the 2006 Biennial Hearing

Texas Insurance Code §§2703.201 et seq. requires the Department of Insurance to hold a biennial hearing to consider adoption of premium rates and such other matters and subjects relative to the regulation of the business of title insurance as may be requested by any association, title insurance company, title insurance agent, or member of the public, or as the Commissioner may determine necessary to consider. Notice of the hearing will appear in the Texas Register at a later date. A Notice of Call was originally issued April 26, 2006 and published in the May 5, 2006, issue of the Texas Register (31 TexReg 3739). This Notice of Re-Opened Call is issued to receive additional proposals from any association, title insurance company, title insurance agent, or member of the public so that notice of the matters to be considered at the biennial hearing can be provided pursuant to the requirements of §§2703.203, 2703.204, 2703.205, 2703.207 and 2703.208. Any association, title insurance company, title insurance agent, or member of the public requesting that a matter or subject, in addition to the rates for title insurance, and in addition to matters previously submitted in response to the Notice of Call issued April 26, 2006, be considered must provide a detailed description of the matter or proposal no later than June 11, 2007. You need not re-submit proposals already submitted in response to the original Call for Issues unless those proposals should be modified or amended.

All requests should be addressed to the Office of the Chief Clerk, Mail Code 113-2A, P.O. Box 149104, Austin, Texas 78714-9104 (please refer to reference number T-0406-08-1). Requests should be submitted in both hard copy and in digital format.

TRD-200701600

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 27, 2007

Texas Lottery Commission

Instant Game Number 807 "Lucky Numbers"

1.0 Name and Style of Game.

A. The name of Instant Game No. 807 is "LUCKY NUMBERS". The play style is "key number match with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 807 shall be $2.00 per ticket.

1.2 Definitions in Instant Game No. 807.

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.

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:

Figure 1: 16 TAC GAME NO. 807 - 1.2D

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:

Figure 2: 16 TAC GAME NO. 807 - 1.2E

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 $2.00, $4.00, $5.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $250.

I. High-Tier Prize - A prize of $2,500 or $25,000.

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 (807), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 807-0000001-001.

L. Pack - A pack of "LUCKY NUMBERS" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B. C and D configuration.

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 "LUCKY NUMBERS" Instant Game No. 807 ticket.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 22 (twenty-two) 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 22 (twenty-two) 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 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 22 (twenty-two) 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. Non-winning prize symbols will not match a winning prize symbol on a ticket.

C. No three or more identical non-winning prize symbols on a ticket.

D. No duplicate LUCKY NUMBERS play symbols on a ticket.

E. There will be no correlation between the matching symbols and the prize amount.

F. The "2 CLUB" (doubler) play symbol will only appear on winning tickets as dictated by the prize structure.

G. The $2,500 and $25,000 prize symbols will both appear on all tickets unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "LUCKY NUMBERS" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00 or $250, 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 $50.00 or $250 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 "LUCKY NUMBERS" Instant Game prize of $2,500 or $25,000, 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 "LUCKY NUMBERS" 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 "LUCKY NUMBERS" 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 "LUCKY NUMBERS" 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 7,080,000 tickets in the Instant Game No. 807. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 807 - 4.0

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. 807 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. 807, 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-200701691

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 30, 2007

Instant Game Number 809 "Big Bang Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 809 is "BIG BANG BUCKS". The play style for this game is "Row/column/diagonal"

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 809 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 809.

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.

Figure 1: 16 TAC GAME NO. 809 - 1.2D

Figure 2: 16 TAC GAME NO. 809 - 1.2E

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100 or $200.

I. High-Tier Prize - A prize of $1,000.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (809), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 809-0000001-001.

L. Pack - A pack of "BIG BANG BUCKS" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "BIG BANG BUCKS" Instant Game No. 809 ticket.

2.1 Instant Ticket Validation Requirements.

A. To be a valid Instant Game ticket, all of the following requirements must be met:

1. Exactly 10 (ten) 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 10 (ten) 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;

15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;

16. Each of the 10 (ten) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 10 (ten) 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.

2.2 Programmed Game Parameters.

A. Consecutive non-winning tickets will not have identical play data, spot for spot.

B. No ticket will contain three X play symbols in a row, column or diagonal.

C. Every ticket will contain at least four firecracker play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "BIG BANG BUCKS" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $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 $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 "BIG BANG BUCKS" Instant Game prize of $1,000 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 "BIG BANG BUCKS" 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.