In Addition

In Addition

Texas Department of Agriculture

Request for Proposals: Urban Schools Grants Program

Pursuant to the Texas Agriculture Code, §§48.001 - 48.005 and the Texas Administrative Code, Title 4, Part 1, Chapter 1, §§1.800 - 1.804, the Texas Department of Agriculture (TDA) hereby requests proposals for agricultural projects designed to foster an understanding and awareness of agriculture in elementary and middle school students for the period of September 1, 2008, through August 31, 2009, from certain Texas urban school districts. A total amount of up to $2,500 may be awarded to an eligible elementary and middle school in a single grant cycle.

Eligibility. Proposals must be submitted by a Texas public elementary school from an urban school district with an enrollment of at least 49,000 students. According to Texas Education Agency's (TEA) October 2007 records, the eligible school districts are:

Aldine Independent School District;

Arlington Independent School District;

Austin Independent School District;

Cypress-Fairbanks Independent School District;

Dallas Independent School District;

El Paso Independent School District;

Fort Bend Independent School District;

Fort Worth Independent School District;

Garland Independent School District;

Houston Independent School District;

Katy Independent School District;

Lewisville Independent School District;

North East Independent School District;

Northside Independent School District;

Pasadena Independent School District;

Plano Independent School District; and

San Antonio Independent School District.

If your school district is not listed above and you feel it meets the minimum student enrollment of 49,000, you will need to attach TEA verification of enrollment in addition to your application.

Proposal Requirements. Each proposal may not exceed six pages and must include the following:

1. A cover page with the project title, name of the school district and elementary or middle school, both the principal's and project coordinator's names along with their contact information (school address, e-mail, telephone and fax numbers);

2. A detailed project description including the role of each grade level that will participate in the project;

3. A statement of the educational benefits of the project, including how the project will improve the students' understanding of agriculture;

4. A project budget including a detailed schedule of anticipated costs for the project.

Deadline and Submission Information. Proposals should be submitted to Lindsay Dickens, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711. The street address is 1700 N. Congress Avenue, 11th Floor, Austin, Texas 78701.

Proposals must be received no later than 5:00 p.m. on June 13, 2008. One original and ten copies must be submitted. Fax copies will not be accepted.

Please contact Lindsay Dickens at (512) 463-6695 or by e-mail at grants@tda.state.tx.state.us with any questions you may have.

Proposal Evaluations. Proposals will be evaluated based on the requirements set forth above by a panel appointed by the Commissioner of the Texas Department of Agriculture. The panel shall review the proposals and make funding recommendations to the Commissioner. The panel shall consist of representatives from the following: Texas Department of Agriculture, education, livestock industry, specialty crop industry, row crop industry, horticulture industry and the Texas AgriLife Extension Service.

Approved Projects. The announcement of the grant awards will be made by August, 2008. All approved projects will have a start date of September 1, 2008, and must be completed by August 31, 2009. Project Coordinators will be required to submit quarterly progress reports and budget reports. Upon completion of the project, a Final Compliance Report of the educational results of the project and photographs to document such results will be due within 30 days. All awards will be subject to audit.

Reporting Requirements. Approved projects are required to submit the following reports:

1. Project Progress Reports. These reports are due on a quarterly basis from one to three pages in length detailing accomplishment of project objectives for the time periods specified in the award document.

2. Final Compliance Report due either 30 days after completion of the project or upon termination of the contract. The final report shall be submitted in a hard copy format and an electronic format should be e-mailed to the department. The final report shall contain:

a. A project summary-history of the project, its objectives, importance, effort, results, and commercial applications of the project;

b. A description of the successes, challenges, and any limitations of the program; and

c. A description of future plans, including how the project will continue after the grant is expended and how additional funding might address expansion efforts; and

d. Photographs to document results.

3. Project Budget Reports. Budget reports are due on a quarterly basis for the time periods specified in the award document that details the grant award spent to date.

4. Final Budget report is due 30 days after the completion of the project or the termination of the contract.

General Compliance Information.

All grant awards are subject to the availability of appropriations and authorizations by the Texas Legislature.

Any information or documentation submitted to TDA is subject to disclosure under the Texas Public Information Act.

Awarded grant projects must remain in full compliance with state and federal laws and regulations or be subject to termination at the discretion of TDA.

Upon grant award, TDA and the Texas State Auditor's Office shall have access to and the right to examine all books, accounts, records, files and other papers or property belonging to or in use by the grantee and pertaining to the grant award. Additionally, these records must remain available and accessible no less than three years after the termination of the grant project.

If the Grantee has a financial audit performed in any year during which Grantee receives funds from Grantor, and if the Grantor requests information about the audit, the Grantee shall provide such information to TDA or provide information as to where the audit report can be publicly viewed, including the audit transmittal letter, management letter, and any schedules in which the Grantee's funds are included.

In accordance with Texas Government Code Annotated, §783.007, grant awards shall comply in all respects with the Uniform Grant Management Standards (UGMS). Upon grant award, grantees can be provided a copy or it may be downloaded from http://www.governor.state.tx.us/divisions/stategrants/guidelines/files/UGMS062004.doc.

Texas Public Information Act. All proposals shall be deemed, once submitted, to be the property of the TDA and are subject to the Texas Public Information Act, Texas Government Code, Chapter 552.

TRD-200801716

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: April 2, 2008

Texas Bond Review Board

Request for Proposals - Interest Rate Management

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Bond Review Board announces its Request for Proposals (RFP No. 352-2008-001) for an advisor to assist the Board with state issuers' use of interest rate management agreements (derivatives) and the development of a state interest rate management policy.

Term of Agreement: The contract term is to be for an initial term from date of award, and ending August 31, 2008 with an option to renew by mutual agreement, for one additional term of up to three months.

Contact: Parties interested in submitting a proposal should contact Dana Edwards, Purchaser, Texas Procurement and Support Services Division (TPASS) at dana.edwards@cpa.state.tx.us or (512) 463-2563, to obtain a complete copy of the RFP. The entire RFP will also be made available electronically on the Electronic State Business Daily (ESBD) on Wednesday, April, 2, 2008. The website is http://esbd.cpa.state.tx.us.

Inquiries: Questions regarding this RFP should be submitted by electronic mail to Dana Edwards at dana.edwards@cpa.state.tx.us. Questions must be submitted by 5:00 p.m. (CT), April 15, 2008 and answers will be posted to the ESBD by Wednesday, April 16, 2008. Questions submitted later than April 15, 2008 may not be answered. All inquiries will result in written responses with copies posted to the ESBD. If a respondent does not have internet access, a copy of all written responses may be obtained through the point of contact listed above. Respondents are strongly encouraged to submit written questions during the official question and answer period regarding any term or condition of this RFP and whether the Texas Bond Review Board may negotiate that provision under this particular RFP.

Proposal Submission: Proposals are due no later than 4:00 p.m. on May 12, 2008 and must be executed by a duly authorized representative of the firm. Respondents shall submit one original of Exhibit F: Fee Proposal, and one original Exhibit G: Execution of Proposal, along with one original and six copies of the Proposal.

Delivery of Proposals: Proposals shall be submitted to TPASS by one of the following methods: U.S. Postal Service: TPASS Bid Services, Comptroller of Public Accounts, P.O. Box 13186, Austin, Texas 78711-3186; Overnight/Express Mail: TPASS-Mail Room #176, Central Services Building, 1711 San Jacinto Boulevard, Austin, Texas 78701, Hours--7:45 a.m. to 4:45 p.m. (CT); or Hand Deliver: TPASS-Bid Services, 1711 San Jacinto Boulevard 1st Floor (Lobby) Room #100 - Central Services Building, Austin, Texas 78701, Hours--8:00 a.m. to 5:00 p.m. (CT).

The anticipated schedule of events pertaining to this solicitation is as follows: Issue RFP--April 2, 2008; Deadline for Submission of Questions--April 15, 2008; Answers Posted to the ESBD--April 16, 2008; Pre-Proposal Conference--April 18, 2008; Deadline for Submission of Proposals--May 12, 2008.

TRD-200801722

Melissa Robbins

Financial Analyst

Texas Bond Review Board

Filed: April 2, 2008

Brazos Valley Council of Governments

Request for Proposals

Purchasing Solutions Alliance (PSA), acting on behalf of the Brazos Valley Council of Governments (BVCOG) and its Members, is soliciting proposals for E-procurement Solutions. Sealed proposals for RFP #08-102 will be accepted until 2:00 p.m., Friday, April 18, 2008. Any proposal received after the above closing time will be returned unopened. Sealed proposals must be delivered to:

Roger D. Dempsey, C.P.M., A.P.P., Program Manager

Purchasing Solutions Alliance

3991 East 29th St.

Bryan, Texas 77802

(979) 595-2801, Ext. 2034

rdempsey@bvcog.org

www.psabuy.org

Specifications, Scope of Services and Information for Offerors is on file and may be examined at the address listed above. These documents are also available online at: http://www.psabuy.org/index.php?option=com_content&task=view&id=33&Itemid=45.

A non-mandatory pre-proposal conference is scheduled at 10:00 a.m. C.S.T., Tuesday, April 8, 2008 in the Burleson Conference Room located in the Purchasing Solutions Alliance Office at 3991 East 29th St., Bryan, Texas. All potential offerors are invited to attend.

PSA believes that the data contained in these specifications is sufficient for the preparation of proposals. Requests for additional information will be considered depending on the RFP time frame and the availability of the requested information. Such information will be submitted to all known Offerors simultaneously. All questions related to this RFP shall be addressed in writing. Questions must be submitted in writing (via e-mail) to the individual identified above prior to 5:00 p.m., C.S.T., Monday, April 14, 2008.

TRD-200801612

Roger Dempsey

Program Manager

Brazos Valley Council of Governments

Filed: March 27, 2008

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 04/07/08 - 04/13/08 is 18% for Consumer¹ /Agricultural/Commercial ² /credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 04/07/08 - 04/13/08 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 04/01/08 - 04/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 04/01/08 - 04/30/08 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-200801713

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 2, 2008

Credit Union Department

Application for a Merger or Consolidation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application was received from BMA Credit Union (Mesquite) seeking approval to merge with Neighborhood Credit Union (Dallas), the latter will be the surviving credit union. In accordance with Texas Finance Code §122.005(b) and 7 TAC §91.104(b), the Commissioner has the authority to waive or delay public notice of an action.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200801710

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 2, 2008

Application to Amend Articles of Incorporation

Notice is given that the following application has been filed with the Credit Union Department and is under consideration:

An application for a new charter was received for NCI Community Development Credit Union, Houston, Texas. The proposed new credit union will serve any person who resides, works, worships, or attends school in the following zip codes in Houston, Texas: 77036, 77074, and 77081. NCI Community Development Credit Union will also allow its employees to join the credit union.

TRD-200801709

Harold E. Feeney

Commissioner

Credit Union Department

Filed: April 2, 2008

Texas Education Agency

Request for Applications Concerning Migrant Special Project - Distance Learning for Secondary Migrant Students, 2008-2009

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-112 from colleges or universities in Texas with credit-granting high school distance learning or correspondence coursework that meets Texas graduation plan requirements. Courses must already be in place and be approved by TEA. The successful applicant must serve at least 1,100 Texas home-based students on both a statewide and a nationwide basis with distance learning or correspondence coursework already approved by TEA as an option for secondary migrant students to earn partial or full credit toward graduation.

Description. The purpose of the Distance Learning for Secondary Migrant Students program is to provide, on an intrastate and interstate basis, alternative credit options for migrant secondary students through distance learning offered through a variety of accessible delivery systems to include print, electronic, and Internet formats. The targeted population to be served must include identified eligible migrant students residing in the state of Texas who are enrolled in Texas local educational agencies that operate migrant education projects or are served by any of the 20 regional education service centers, as well as Texas migrant students who are temporarily residing out of Texas. On an intrastate and interstate basis, applicants must: (1) provide alternative credit options for Texas migrant secondary students through distance learning offered through a variety of accessible delivery systems to include print, electronic, and Internet formats; (2) provide bilingual instructional support through a toll-free 800 number for participating students; (3) offer a variety of grading options to include on-site and mail-in grading; (4) issue credit as a credit-granting institution for all coursework completed; (5) implement multiple strategies that result in at least a 75 percent credit completion rate for participating students; (6) record coursework information on the state's migrant student database; (7) provide preparation materials for the exit-level Texas Assessment of Knowledge and Skills (TAKS) test for participating students; (8) provide promotional materials for the Distance Learning for Secondary Migrant Students program among Texas districts, states that receive Texas migrant students, and migrant students and their parents that result in 1,100 migrant student enrollments; (9) maintain communication with participating migrant students and educators inside and outside of Texas; and (10) provide a recognition ceremony for migrant students who complete coursework.

Dates of Project. The Distance Learning for Secondary Migrant Students program will be implemented during the 2008-2009 school year. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than August 31, 2009.

Project Amount. Funding will be provided for one project. The project will receive a maximum of $350,000 for the 2008-2009 school year. This project is funded 100 percent from P.L. 107-110, Title I, Part C, federal funds.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of the RFA may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Further Information. For clarifying information about the RFA, contact Amy Werst, Division of Discretionary Grants, Texas Education Agency, (512) 936-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, May 29, 2008, to be eligible to be considered for funding.

TRD-200801723

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 2, 2008

Request for Applications Concerning Migrant Special Project - Texas Migrant Interstate Program (TMIP), 2008-2009

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-111 from public school districts, including open-enrollment charter schools; education service centers (ESCs); and colleges or universities in Texas. The eligible applicant must demonstrate a full understanding of the needs of migrant students and must demonstrate the capacity and ability to implement, operate, and manage the project, which includes intrastate and interstate coordination on behalf of the Texas Migrant Education Program (MEP), its MEP-funded ESCs, and local education agencies. This statewide project requires coordination with states that receive Texas migrant students. One applicant will be selected to implement, operate, and manage the project on a statewide, as well as nationwide, basis.

Description. The purpose of the Texas Migrant Interstate Program (TMIP) is to facilitate intrastate and interstate coordination of information, resources, and services for Texas migrant students, with an emphasis on serving students identified by the Texas MEP as "Priority for Services" (PFS). PFS children are defined by P.L. 107-110, §1304(6), as ". . . migratory children who are failing or most at risk of failing, to meet the State's challenging State academic content standards and challenging State student academic achievement standards, and whose education has been interrupted during the regular school year." The grant recipient must: (1) operate and manage a toll-free 800 telephone number with certified, bilingual school counselors; (2) provide training and technical assistance to high school counselors and other MEP stakeholders to assist in meeting the needs of mobile migrant students, especially those identified as PFS; (3) host an annual Secondary Credit Accrual Workshop in Texas for migrant education personnel from states that receive Texas migrant students; (4) coordinate the Texas Assessment of Knowledge and Skills (TAKS) tests related to grade level promotion and graduation in states that receive Texas home-based students; and (5) assist state MEP efforts with state and national MEP initiatives.

Dates of Project. The TMIP will be implemented during the 2008-2009 school year. Applicants should plan for a starting date of no earlier than September 1, 2008, and an ending date of no later than August 31, 2009.

Project Amount. Funding will be provided for one project. The project will receive a maximum of $500,000 for the 2008-2009 school year. This project is funded 100 percent from P.L. 107-110, Title I, Part C, federal funds.

TRD-200801724

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: April 2, 2008

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 May 12, 2008 . 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 May 12, 2008. 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: AAA Sanitation, Inc.; DOCKET NUMBER: 2008-0137-SLG-E; IDENTIFIER: RN100632249; LOCATION: Tyler, Smith County, Texas; TYPE OF FACILITY: sludge/sewage hauling business; RULE VIOLATED: 30 Texas Administrative Code (TAC) §312.143 and the Code, §26.121, by failing to prevent an unauthorized discharge of sewage; PENALTY: $750; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(2) COMPANY: Alegre Energy, Inc.; DOCKET NUMBER: 2007-1943-AIR-E; IDENTIFIER: RN101926475; LOCATION: Coke County, Texas; TYPE OF FACILITY: oil storage; RULE VIOLATED: 30 TAC §116.110(a) and Texas Health and Safety Code (THSC), §382.085(b) and §382.0518(a), by failing to obtain authorization before operation of facilities which may emit air contaminants into the air of the state; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(3) COMPANY: Amarillo Road Company, L.P.; DOCKET NUMBER: 2007-1882-AIR-E; IDENTIFIER: RN105366181; LOCATION: Hereford, Parmer County, Texas; TYPE OF FACILITY: hot mix asphalt; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization to construct and operate a hot mix asphalt plant before operation began; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(4) COMPANY: Amy Investments, Inc. dba Corner Stop; DOCKET NUMBER: 2007-1870-PST-E; IDENTIFIER: RN102278793; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II Vapor Recovery System (VRS) in proper operating condition and free of defects; PENALTY: $1,940; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(5) COMPANY: Archer City; DOCKET NUMBER: 2007-1999-MWD-E; IDENTIFIER: RN101721587; LOCATION: Archer County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(4), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010393002, Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to prevent four unauthorized discharges of wastewater; 30 TAC §305.125(5) and TPDES Permit Number WQ0010393002, Operational Requirements Number 1, by failing to properly operate and maintain the wastewater treatment ponds; 30 TAC §305.125(4) and (5) and TPDES Permit Number WQ0010393002, Permit Conditions Number 2.g and Operational Requirements Number 1, by failing to properly operate and maintain the sludge drying beds; and 30 TAC §305.125(1), TPDES Permit Number WQ0010393002, Effluent Limitations and Monitoring Requirements Number 6, and the Code, §26.121(a), by failing to comply with the minimum dissolved oxygen permitted effluent concentration of five milligrams per liter; PENALTY: $16,575; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(6) COMPANY: Avis Rent A Car System, LLC; DOCKET NUMBER: 2007-1925-AIR-E; IDENTIFIER: RN100814912; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distribution station; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight; PENALTY: $1,170; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(7) COMPANY: Hershel W. Conner; DOCKET NUMBER: 2008-0133-MSW-E; IDENTIFIER: RN105170435; LOCATION: Walnut Springs, Bosque County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; PENALTY: $1,070; ENFORCEMENT COORDINATOR: Marlin Bullard, (254) 761-3035; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(8) COMPANY: Deer Park Refining Limited Partnership; DOCKET NUMBER: 2007-2001-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §116.715(a), Air Flexible Permit Number 21262, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Frank De Los Santos; DOCKET NUMBER: 2007-1131-PST-E; IDENTIFIER: RN101741296; LOCATION: Cuero, DeWitt County, Texas; TYPE OF FACILITY: property with an underground storage tank (UST); RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, one UST; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(10) COMPANY: Farmersville Texaco, Inc. dba Farmersville Shell; DOCKET NUMBER: 2007-2038-PST-E; IDENTIFIER: RN102224474; LOCATION: Farmersville, Collin County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain records at the station and make them immediately available for review upon request; 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II VRS; and 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump equipped with a Stage II VRS; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: City of Gustine; DOCKET NUMBER: 2005-1455-MWD-E; IDENTIFIER: RN102178654; LOCATION: Comanche County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §317.4(a)(8), by failing to annually test the backflow prevention assembly; 30 TAC §305.125(5) and TPDES Permit Number WQ0010841001, Operational Requirements Number 1, by failing to ensure that the wastewater treatment facility and its systems of collection, treatment, and disposal are properly operated and maintained; and 30 TAC §305.125(1) and (9)(a) and TPDES Permit Number WQ0010814001, Monitoring and Reporting Requirements Number 7(c), by failing to submit noncompliance notifications for effluent violations; PENALTY: $10,575; Supplemental Environmental Project (SEP) offset amount of $8,460 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(12) COMPANY: HCNRC Real Estate, Ltd.; DOCKET NUMBER: 2007-1852-WQ-E; IDENTIFIER: RN105087712; LOCATION: Gonzales County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to develop and implement a storm water pollution prevention plan and obtain permit coverage to discharge storm water at a construction site; PENALTY: $2,100; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(13) COMPANY: KOODALOOR CORPORATION dba Sunny Food Store 3; DOCKET NUMBER: 2008-0075-PST-E; IDENTIFIER: RN101786259; LOCATION: Missouri City, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 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(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of Stage II equipment; and 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; PENALTY: $9,650; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: LaPorte Business, Inc. dba Quick Stop; DOCKET NUMBER: 2007-1785-PST-E; IDENTIFIER: RN102257359; LOCATION: Pasadena, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 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)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; and 30 TAC §334.10(b)(1)(A), by failing to maintain UST records and make them immediately available for inspection; PENALTY: $4,815; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Manuel Garcia III dba Last Chance Drive In; DOCKET NUMBER: 2006-0927-PST-E; IDENTIFIER: RN102370806; LOCATION: Zapata, Zapata County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(16) COMPANY: Ogre, Inc. dba Mur-Tex Company; DOCKET NUMBER: 2008-0068-AIR-E; IDENTIFIER: RN100216340; LOCATION: Amarillo, Randall County, Texas; TYPE OF FACILITY: fiberglass manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4), Federal Operating Permit (FOP) Number O-02664, Special Terms and Conditions Number 1, and THSC, §382.085(b), by failing to submit a revision application to amend the FOP to codify 40 Code of Federal Regulations (CFR) Part 63, Subpart WWWW in the permit; PENALTY: $2,425; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(17) COMPANY: City of Plano; DOCKET NUMBER: 2007-0889-WQ-E; IDENTIFIER: RN103099156; LOCATION: Plano, Collin County, Texas; TYPE OF FACILITY: collection system; RULE VIOLATED: the Code, § 26.121(a), by failing to prevent the unauthorized discharge of wastewater into waters in the state; 30 TAC §319.302(c) and (d) and the Code, §26.039(b), by failing to provide notification of a spill to local governmental officials, the news media, and the TCEQ regional office; PENALTY: $27,000; Supplemental Environmental Project (SEP) offset amount of $27,000 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Point Aquarius Municipal Utility District; DOCKET NUMBER: 2008-0126-MWD-E; IDENTIFIER: RN102078474; LOCATION: Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011219001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for five-day biochemical oxygen demand; PENALTY: $2,980; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Primarily Primates; DOCKET NUMBER: 2007-1859-WQ-E; IDENTIFIER: RN104507074; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: confined animal care; RULE VIOLATED: the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater and wash water from the facility; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: Renaissance Stone Works, LLC; DOCKET NUMBER: 2007-1988-WQ-E; IDENTIFIER: RN105148647; LOCATION: Spicewood, Travis County, Texas; TYPE OF FACILITY: cut stone; 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 industrial activities; PENALTY: $800; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(21) COMPANY: Safety Railway Service, L.P.; DOCKET NUMBER: 2007-1662-AIR-E; IDENTIFIER: RN100214535; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: railcar service and maintenance; RULE VIOLATED: 30 TAC §122.241(b) and THSC, §382.085(b), by failing to operate emission units at the plant with an issued or granted FOP; PENALTY: $12,000; Supplemental Environmental Project (SEP) offset amount of $4,800 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(22) COMPANY: Shell Chemical LP; DOCKET NUMBER: 2008-0079-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 3179, SC Number 6, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(23) COMPANY: Shell Chemical LP; DOCKET NUMBER: 2007-1472-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), New Source Review (NSR) Permit Number 3214, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §101.201(a)(2)(F) and (b)(1)(G) and THSC, §382.085(b), by failing to list the compound descriptive type for an emissions event; 30 TAC §101.20(3) and §116.115(b)(2)(F), NSR Permit Number 3219/PSD-TX-974, General Condition Number 8, and THSC, §382.085(b), by failing to comply with permitted emissions limits; and 30 TAC §116.115(c), NSR Permit Number 3173 and 1968, SC Number 1, and THSC, §382.085(b), by failing to comply with permitted emissions limits; PENALTY: $70,415; Supplemental Environmental Project (SEP) offset amount of $35,207 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Southwest Convenience Stores, LLC; DOCKET NUMBER: 2008-0024-AIR-E; IDENTIFIER: RN102017068, RN102017241, RN102023058, RN102034436, RN102053402, RN102390507, RN102396173, RN102387396, RN102393170, RN102384666, RN102384260, RN100823913, RN102389228, RN102388816, RN102390960, RN101463321, RN100942085, RN102209822; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $24,860; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(25) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0131-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $35,375; Supplemental Environmental Project (SEP) offset amount of $14,150 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(26) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2007-1427-AIR-E; IDENTIFIER: RN102457520; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petrochemical refinery; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(b) and (b)(2)(F) and 122.143(4), FOP Number O-01267, General Terms and Conditions (GTC) and SC 27, Air Permit 18936/PSD-TX-762M2, General Condition 8, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits for carbon monoxide (CO); 30 TAC §116.115(c) and §122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit 2347, SC 10, and THSC, §382.085(b), by failing to conduct compliance testing; 30 TAC §§106.6(b), 116.115(b)(2)(F) and (c), and 122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit 56385, SC 1, and THSC, §382.085(b), by failing to maintain volatile organic compound (VOC) emissions; 30 TAC §§106.472, 115.112(a)(1), and 122.143(4), FOP Number O-01267, GTC and SC 4, and THSC, §382.085(b), by failing to operate spent acid tanks 688 and 923 in accordance with permit by rule requirements; 30 TAC §§101.20(3), 116.115(b) and (b)(2)(F), and 122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit Number 18936 and PSD-TX-762M2, General Condition 8, and THSC, §382.085(b), by failing to comply with the nitrogen oxide (NO_x) maximum allowable emissions rate of 9.93 pounds per hour; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01267 GTC and SC 27, Air Permit Number 234, SC 1, and THSC, §382.085(b), by failing to maintain NOx emissions below the allowable emission rates; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit Number 9195A and PSD-TX-453M6, SC 1, and THSC, §382.085(b), by failing to maintain CO emissions below the allowable emissions limit; 30 TAC §§101.20(1) and (3), 113.780, 116.115(c), and 122.143(4), 40 CFR §60.104(a)(2)(i), FOP Number O-01267, GTC, SC 1A and 27, Air Permit Number 9195A and PSD-TX-453M6, SC 3, and THSC, §382.085(b), by failing to limit the discharge of sulfur dioxide into the atmosphere to 250 part per million by volume; 30 TAC §§113.340, 115.352(4), 116.155(c), and 122.143(4), FOP Number O-01267, GTC, SC 1A and 27, Air Permit Number 56385, SC 12E, and THSC, §382.085(b), by failing to equip three open-ended lines and valves with a cap, blind flange, plug or second valve; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit Number 56385, SC 4 and 5, and THSC, §382.085(b), by failing to prevent venting of VOC emissions; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit Number 46396, SC 8F, and THSC, §382.085(b), by failing to maintain the exterior surface of the tank as white or aluminum; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit Number 49743, SC 8, and THSC, §382.085(b), by failing to maintain the permitted loading limit of 500,050 barrels per year of gas oil; 30 TAC §§113.340, 115.354(2), 116.115(c), and 122.143(4), FOP Number O-01267, GTC and SC 1A and 27, Air Permit Number 56385, SC 12F and 15, and THSC, §382.085(b), by failing to conduct fugitive monitoring using hydrocarbon gas analyzer; 30 TAC §101.20(2) and §122.143(4), 40 CFR §61.354(d), FOP Number O-01267, GTC and SC 1A, and THSC, §382.085(b), by failing to replace immediately with fresh carbon when carbon breakthrough was indicated by monitoring; 30 TAC §§101.20(1), 116.115(c), and 122.143(4), 40 CFR §60.695(a)(3)(ii), FOP Number O-01267, GTC and SC 1A and 27, Air Permit Number 56385, SC 13, and THSC, §382.085(b), by failing to replace immediately with fresh carbon when carbon breakthrough was indicated by monitoring; 30 TAC §116.110(a) and §122.143(4), FOP Number O-01267, GTC, and THSC, §382.085(b), by failing to obtain permit authorization for four carbon canister series; 30 TAC §§101.20(1), 113.340, 115.352(2), 116.115(c), and 122.143(4), 40 CFR §60.592(a), FOP Number O-01267, GTC and SC 1A, Air Permit Number 19965, SC 2 and 5H, and THSC, §382.085(b), by failing to repair twelve leaking fugitive components in the liquefied petroleum gas loading area; 30 TAC §115.114(a)(4) and §122.143(4), FOP Number O-01267, GTC and SC 1A, and THSC, §382.085(b), by failing to perform visual inspection on the secondary seal of external floating roof tank 453; 30 TAC §§122.143(4), 122.145(2)(A), and 122.146(5)(D), FOP Number O-01267, GTC, and THSC, §382.085(b), by failing to report the occurrence of deviations in semi-annual deviation reports and accurately certify an annual compliance certification; 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O-01267, GTC and SC 2F, and THSC, §382.085(b), by failing to submit the initial notification of a reportable emissions event; and 30 TAC §§101.20(3), 116.115(b) and (b)(2)(F), and 122.143(4), FOP Number O-01267, GTC and SC 27, Air Permit Number 16840 and PSD-TX-688M2, General Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions of 216.64 pounds of NOx; PENALTY: $529,300; Supplemental Environmental Project (SEP) offset amount of $211,720 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(27) COMPANY: TOTAL PETROCHEMICALS USA, INC.; DOCKET NUMBER: 2007-1879-IWD-E; IDENTIFIER: RN100212109; LOCATION: Deer Park, Harris County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0001000000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids and flow; PENALTY: $37,800; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(28) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2008-0014-AIR-E; IDENTIFIER: RN100219310; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 71281, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(c) and THSC, §382.085(b), by failing to submit the final record for the November 26, 2007, emissions event; PENALTY: $10,270; Supplemental Environmental Project (SEP) offset amount of $4,108 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.

(29) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-2039-AIR-E; IDENTIFIER: RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: oil and gas refining operation; RULE VIOLATED: 30 TAC §116.715(a), Permit Number 39142, SC Number 1, and THSC, §382.085(b), by failing to maintain an emission rate below the maximum allowable emission limits; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(30) COMPANY: Ofelia Bosquez dba Wencho's Gas and Food Mart; DOCKET NUMBER: 2007-1277-AIR-E; IDENTIFIER: RN101652691; LOCATION: Tornillo, El Paso County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to ensure the gasoline sold as motor vehicle fuel contained no greater than seven pounds per square inch absolute of Reid vapor pressure; PENALTY: $1,120; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

TRD-200801699

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 1, 2008

Enforcement Orders

An agreed order was entered regarding Brookeland Independent School District, Docket No. 2005-0051-MWD-E on March 21, 2008 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eastman Chemical Company, Docket No. 2005-0168-AIR-E on March 21, 2008 assessing $16,338 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Lott, Docket No. 2005-0838-MWD-E on March 21, 2008 assessing $10,350 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney (512) 239-1877, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Hico, Docket No. 2005-0871-MWD-E on March 21, 2008 assessing $41,170 in administrative penalties.

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

An agreed order was entered regarding City of Crockett, Docket No. 2005-1265-MWD-E on March 21, 2008 assessing $7,865 in administrative penalties.

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 Stericycle, Inc., Docket No. 2005-1987-MSW-E on March 21, 2008 assessing $8,400 in administrative penalties with $1,680 deferred.

Information concerning any aspect of this order may be obtained by contacting Cynthia McKaughan, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding CSA Limited, Inc., Docket No. 2006-0018-IHW-E on March 21, 2008 assessing $65,392 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BASF Corporation, Docket No. 2006-0735-AIR-E on March 21, 2008 assessing $87,120 in administrative penalties.

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

A default order was entered regarding Mark Squires dba Royal Landscapes, Docket No. 2006-0985-LII-E on March 21, 2008 assessing $263 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Hammer, Staff Attorney (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding S. J. & Sons, Inc. dba Country Cleaners, Professional Cleaners, and Ultra Fine Cleaners, Docket No. 2006-1082-DCL-E on March 21, 2008 assessing $2,844 in administrative penalties with $569 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Classic Press, Inc. dba Nation Cleaners, Docket No. 2006-1187-DCL-E on March 21, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin O. Thompson, Staff Attorney (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ABZZ Corporation dba Ritz Cleaner, dba American Cleaners, and dba 2000 Dry Clean, Docket No. 2006-1273-DCL-E on March 21, 2008 assessing $3,437 in administrative penalties with $687 deferred.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 751-0335, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Mohammad Haroon Memon dba Exclusive Cleaners, Docket No. 2006-1295-DCL-E on March 21, 2008 assessing $1,185 in administrative penalties.

An agreed order was entered regarding Jimmy N. Tu dba Del Monte Washateria and Cleaners, Docket No. 2006-1585-DCL-E on March 21, 2008 assessing $1,185 in administrative penalties with $237 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.

An agreed order was entered regarding City of Avinger, Docket No. 2006-1589-MWD-E on March 21, 2008 assessing $13,734 in administrative penalties with $2,747 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, 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 R.S. Parker Construction, LLC, Docket No. 2006-1590-PST-E on March 21, 2008 assessing $10,890 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Kevin G. Love, Docket No. 2006-1859-LII-E on March 21, 2008 assessing $250 in administrative penalties.

An agreed order was entered regarding Petro Stopping Centers, L.P. dba Petro Stopping Center 4, Docket No. 2007-0025-MLM-E on March 21, 2008 assessing $41,242 in administrative penalties with $8,248 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Phillip Mercado, Docket No. 2007-0224-MSW-E on March 21, 2008 assessing $22,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mohammad Amin dba ZP Mart, Docket No. 2007-0333-PWS-E on March 21, 2008 assessing $825 in administrative penalties with $165 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ISP Synthetic Elastomers LP, Docket No. 2007-0377-AIR-E on March 21, 2008 assessing $13,025 in administrative penalties.

An agreed order was entered regarding Harrison County, Docket No. 2007-0485-MSW-E on March 21, 2008 assessing $8,800 in administrative penalties.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2007-0573-AIR-E on March 21, 2008 assessing $34,670 in administrative penalties with $6,934 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 Environmental Recycle Inc., Docket No. 2007-0746-MLM-E on March 21, 2008 assessing $3,640 in administrative penalties.

An agreed order was entered regarding Caddo Lake Water Supply Corporation, Docket No. 2007-0797-PWS-E on March 21, 2008 assessing $760 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tel Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Lone Oak, Docket No. 2007-0839-MWD-E on March 21, 2008 assessing $13,020 in administrative penalties with $2,604 deferred.

Information concerning any aspect of this order may be obtained by contacting Pamela 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 INEOS Polyethylene North America, Docket No. 2007-0907-IWD-E on March 21, 2008 assessing $49,750 in administrative penalties with $9,950 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 Coastal Chemical Co., L.L.C., Docket No. 2007-0928-IWD-E on March 21, 2008 assessing $4,509 in administrative penalties with $901 deferred.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-0938-AIR-E on March 21, 2008 assessing $50,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kinder Morgan Production Company LP, Docket No. 2007-0988-AIR-E on March 21, 2008 assessing $6,200 in administrative penalties with $1,240 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 Leggett Water Supply Corporation, Docket No. 2007-1113-PWS-E on March 21, 2008 assessing $4,830 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator at (210) 490-3095, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding DCP Midstream, LP, Docket No. 2007-1171-AIR-E on March 21, 2008 assessing $4,500 in administrative penalties with $900 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hector Guzman, Docket No. 2007-1179-MWD-E on March 21, 2008 assessing $6,420 in administrative penalties with $1,284 deferred.

Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Is Zen Center, Docket No. 2007-1186-MWD-E on March 21, 2008 assessing $1,700 in administrative penalties with $340 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 Anarkali Enterprises, Inc. dba Sack N Snack 2, Docket No. 2007-1200-PST-E on March 21, 2008 assessing $7,200 in administrative penalties with $1,440 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 Ysleta Independent School District, Docket No. 2007-1225-AIR-E on March 21, 2008 assessing $1,340 in administrative penalties with $268 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 City of Archer City, Docket No. 2007-1233-MSW-E on March 21, 2008 assessing $1,100 in administrative penalties with $220 deferred.

An agreed order was entered regarding Griffin Industries, Inc., Docket No. 2007-1235-AIR-E on March 21, 2008 assessing $5,250 in administrative penalties.

An agreed order was entered regarding United States Aluminum Corporation - Texas, Docket No. 2007-1266-AIR-E on March 21, 2008 assessing $27,900 in administrative penalties with $5,580 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 Stagecoach Properties, Inc. dba Stagecoach Inn, Docket No. 2007-1269-MLM-E on March 21, 2008 assessing $1,050 in administrative penalties with $210 deferred.

An agreed order was entered regarding S.L.C. Water Supply Corporation, Docket No. 2007-1275-PWS-E on March 21, 2008 assessing $5,182 in administrative penalties.

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 Sanya Investments, Inc. dba Fina Food Mart, Docket No. 2007-1304-PST-E on March 21, 2008 assessing $13,700 in administrative penalties with $2,740 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 INEOS USA LLC, Docket No. 2007-1325-PWS-E on March 21, 2008 assessing $632 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Murpaks, Inc., Docket No. 2007-1336-MLM-E on March 21, 2008 assessing $3,690 in administrative penalties with $738 deferred.

An agreed order was entered regarding First County, Inc. dba Texan Food Mart, Docket No. 2007-1351-PST-E on March 21, 2008 assessing $4,470 in administrative penalties with $894 deferred.

Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas-American Water Company, Docket No. 2007-1356-PWS-E on March 21, 2008 assessing $372 in administrative penalties.

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 Sunoco, Inc. (R&M), Docket No. 2007-1365-AIR-E on March 21, 2008 assessing $20,400 in administrative penalties with $4,080 deferred.

An agreed order was entered regarding City of Graford, Docket No. 2007-1368-MWD-E on March 21, 2008 assessing $11,840 in administrative penalties with $2,368 deferred.

An agreed order was entered regarding Victoria County Water Control and Improvement District No. 1, Docket No. 2007-1375-MWD-E on March 21, 2008 assessing $8,280 in administrative penalties with $1,656 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 Thurman Black dba Slo Pitch City, Docket No. 2007-1418-PWS-E on March 21, 2008 assessing $1,370 in administrative penalties.

An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2007-1435-IWD-E on March 21, 2008 assessing $20,400 in administrative penalties with $4,080 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 San Juan, Docket No. 2007-1439-MLM-E on March 21, 2008 assessing $3,600 in administrative penalties with $720 deferred.

Information concerning any aspect of this order may be obtained by contacting Thomas Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Petroleum Wholesale, L.P. dba Sunmart 401, Docket No. 2007-1447-PST-E on March 21, 2008 assessing $4,150 in administrative penalties with $830 deferred.

An agreed order was entered regarding RFK Enterprises, Inc. dba Food Spot 4, Docket No. 2007-1452-PST-E on March 21, 2008 assessing $1,940 in administrative penalties with $388 deferred.

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 George Stebens, Jr. dba Little Creek Acres Water System, Docket No. 2007-1467-PWS-E on March 21, 2008 assessing $545 in administrative penalties with $109 deferred.

An agreed order was entered regarding Valero Refining-Texas L.P., Docket No. 2007-1483-AIR-E on March 21, 2008 assessing $34,125 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Roger Bufler dba B & S Construction, Docket No. 2007-1485-WQ-E on March 21, 2008 assessing $950 in administrative penalties with $190 deferred.

An agreed order was entered regarding INEOS Polymers Inc., Docket No. 2007-1486-AIR-E on March 21, 2008 assessing $3,725 in administrative penalties with $745 deferred.

An agreed order was entered regarding SOHO Retail, Ltd., Docket No. 2007-1505-EAQ-E on March 21, 2008 assessing $3,900 in administrative penalties with $780 deferred.

An agreed order was entered regarding George Ted Devries dba Devries Dairy, Docket No. 2007-1572-AGR-E on March 21, 2008 assessing $5,200 in administrative penalties with $1,040 deferred.

An agreed order was entered regarding United Structures of America, Inc., Docket No. 2007-1575-AIR-E on March 21, 2008 assessing $2,475 in administrative penalties with $495 deferred.

An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2007-1593-AIR-E on March 21, 2008 assessing $8,525 in administrative penalties with $1,705 deferred.

Information concerning any aspect of this order may be obtained by contacting Aaron Houston, Enforcement Coordinator at (409) 899-8784, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-1628-AIR-E on March 21, 2008 assessing $13,566 in administrative penalties with $2,713 deferred.

Information concerning any aspect of this order may be obtained by contacting Rebecca Johnson, Enforcement Coordinator at (713) 422-8931, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ISP Synthetic Elastomers LP, Docket No. 2007-1668-AIR-E on March 21, 2008 assessing $5,122 in administrative penalties with $1,024 deferred.

An agreed order was entered regarding Russell Wayne Carpenter dba Russell Carpenter Dairy, Docket No. 2007-1677-AGR-E on March 21, 2008 assessing $790 in administrative penalties with $158 deferred.

Information concerning any aspect of this order may be obtained by contacting Merrilee Hupp, Enforcement Coordinator at (512) 239-4490, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Delta Tubular Processing, L.P., Docket No. 2007-1767-IWD-E on March 21, 2008 assessing $18,200 in administrative penalties with $3,640 deferred.

A field citation order was entered regarding Brazoria County, Docket No. 2007-1949-PST-E on March 21, 2008 assessing $875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding La Noria Convenience Store, Inc., Docket No. 2007-1904-PST-E on March 21, 2008 assessing $875 in administrative penalties.

A field citation was entered regarding C & L Services, LP, Docket No. 2007-1950-PST-E on March 21, 2008 assessing $875 in administrative penalties.

An order was entered regarding Brandy Carter dba Carter's Cleaners, Docket No. 2006-0772-DCL-E on March 6, 2008 assessing $1,067 in administrative penalties.

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 order was entered regarding Doris Bullock dba Bullock's Mobile Home Park, Docket No. 2005-1042-OSS-E on March 6, 2008 assessing $4,575 in administrative penalties.

TRD-200801727

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 2, 2008

Notice of Opportunity to Comment on Agreed Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 12, 2008. 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 12, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: Cullen Texaco, Inc. dba Cullen Texaco; DOCKET NUMBER: 2006-1517-PST-E; TCEQ ID NUMBER: RN100875145; LOCATION: 7401 Cullen Boulevard, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(3) and (1) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months or upon major system replacements or modifications; 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition and free of defects that would impair the effectiveness of the system; 30 TAC §334.50(a)(1)(A), (b)(1)(A), (b)(2) and (2)(A)(i)(III), and (d)(1)(B)(ii) and TWC, §26.3475(a) and (c), by failing to provide a method, or combination of methods, of release detection capable of detecting a release from any portion of the underground storage tank (UST) system which contains regulated substances including the tanks, piping, and other underground ancillary equipment; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube; 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; and 30 TAC §334.8(c)(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 at least 30 days before the expiration date of the delivery certificate; PENALTY: $22,000; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: James M. Knowles; DOCKET NUMBER: 2006-0150-MSW-E; TCEQ ID NUMBER: RN102830742; LOCATION: 26823 Farm-to-Market (FM) Road 2978, Magnolia, Montgomery County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.15(c) (formerly 30 TAC §330.5(c)), by failing to prevent the collection, storage, and/or disposal of municipal solid waste; PENALTY: $1,050; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Shell Chemical LP and Shell Oil Company; DOCKET NUMBER: 2006-0328-MLM-E; TCEQ ID NUMBER: RN100211879; LOCATION: 5900 Highway 225, Deer Park, Harris County, Texas; TYPE OF FACILITIES: petroleum refinery and chemical plant; RULES VIOLATED: 30 TAC §116.715(a), THSC, §382.085(b), and Air Permit Number 21262, Special Condition 1, by failing to prevent unauthorized emissions that resulted in the unauthorized release of 0.15 pounds (lbs) of 1,3 butadiene, 6.18 lbs of butene, 2.14 lbs of 2-methyl-1-butene, 4.61 lbs of benzene, 2.16 lbs of butane, 2.22 lbs of ethylene, 1.39 lbs of hydrogen sulfide (H2S), 5.63 lbs of isobutene, 3.63 lbs of isobutylene, 6.48 lbs of isopentane, 89,380 lbs of particulate matter (PM), 1.1 lbs of pentane, 1.12 lbs of pentene, 3.48 lbs of propane, 11.65 lbs of propylene, 1.10 lbs of trans-1,3-pentadiene, 3.94 lbs of trans-2-butene, and 85.36 lbs of volatile organic compounds (VOCs) to the atmosphere; 30 TAC §116.715(a), THSC, §382.085(b), and Air Permit Number 21262, Special Condition 1, by failing to prevent unauthorized emissions; 30 TAC §112.3(b) and §116.715(a), THSC, §382.085(b), and Air Permit Number 21262, Special Condition Number 1, by failing to prevent an avoidable emissions event that resulted in the unauthorized release of 210 lbs of ethylene, 1,317 lbs of nitrogen dioxide, 9,515 lbs of carbon monoxide, 5,603 lbs of H2S, 1,153 lbs of isobutylene, 712 lbs of PM, 814 lbs of propylene, and 516,068 lbs of sulfur dioxide emissions into the atmosphere; 30 TAC §101.20(1) and (2), 40 Code of Federal Regulations (CFR) §60.482-6(a)(2) and THSC, §382.085(b), by failing to properly seal open-ended lines; 30 TAC §101.20(1), 40 CFR §60.482-7(a), and THSC, §382.085(b), by failing to monitor new valves, which were put into service at the OP-3 unit, on a monthly basis; 30 TAC §101.20(3) and §116.715(a), 40 CFR §60.482-7(a), THSC, §382.085(b), and Flexible Air Permit Number 21262/PSDTX 928, Special Condition Number 1, by failing to prevent unauthorized emissions; 30 TAC §335.221(a)(6), 40 CFR §266.102(e)(3)(i) and (7)(ii), and Hazardous Waste Permit Number 50099, Permit Provision V.1.2.b, by failing to comply with Boiler and Industrial Furnace operating parameters for the total ash feed rate, by not revising the data in the Distributed Control Systems for the correct level of ash being fed into the unit; 30 TAC §116.715(a), THSC, §382.085(b), and Air Permit Number 21262, Special Condition Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.201(b)(8) and THSC, §382.085(b), by failing to identify the preconstruction authorization number in the final report submitted to the agency for the facility involved in the emissions event, which occurred on June 15, 2005, in the catalytic cracking unit; 30 TAC §116.115(b)(2)(F) and §116.715(a), THSC, §382.085(b), Air Permit Number 3219 and PST-TX-974, General Condition Number 8, Air Flexible Permit Number 21262, and PSD-TX-928, Special Condition Number 1, by failing to prevent the unauthorized release of air contaminants into the atmosphere; 30 TAC §101.201(a)(1)(B) and (b)(1)(G) and THSC, §382.085(b), by failing to comply with emissions event reporting requirements; 30 TAC §116.115(b)(2)(F), THSC, §382.085(b), and Air Permit Number 3179, General Condition 8, by failing to prevent unauthorized emissions; 30 TAC §116.115(b)(2)(F) and §116.715(a), THSC, §382.085(b), Air Permit Number 3219, General Condition 8, and Air Permit Number 21262, Special Condition 1, by failing to prevent unauthorized emissions; 30 TAC §116.115(b)(2)(F), THSC §382.085(b), and Air Permit Number 3219, General Condition 8, by failing to prevent unauthorized emissions; 30 TAC §101.201(c) and THSC, §382.085(b), by failing to submit an emissions event report within two weeks after the end of the event; 30 TAC §116.715(a), THSC, §382.085(b), and Air Permit Number 21262, Special Condition 1, by failing to prevent unauthorized emissions; 30 TAC §116.115(b)(2)(F), THSC, §382.085(b), and Air Permit Number 3219, General Condition 8, by failing to prevent unauthorized emissions; 30 TAC §101.20(3) and §116.115(b)(2)(F), THSC, §382.085(b), Air Permit Number 3219, and PSD-TX-974, General Condition 8, by failing to prevent unauthorized emissions; 30 TAC §116.115(b)(2)(F), THSC, §382.085(b), and Air Permit Number 3179, General Condition 8, by failing to prevent unauthorized emissions; 30 TAC §116.715(a), THSC, §382.085(b), and Flexible Air Permit Number 21262, Special Condition Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.20(3) and §116.115(b)(2)(F), THSC, §382.085(b), and Permit Number 3219/PSD-TX-974, General Condition Number 8, by failing to comply with the permitted emission limits; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 3173, Special Condition Number 13, by failing to comply with the permitted emission limits; 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to submit an initial notification of an emissions event within the 24-hour period for the emissions event that occurred on June 28, 2006 at Tank T-75A; 30 TAC §116.715(a), THSC, §382.085(b), and Flexible Air Permit Number 21262, Special Condition 1, by failing to prevent unauthorized emissions; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 3178, Special Condition Number 1, by failing to comply with the permitted emission limits; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Air Permit Number 21262/PSD-TX-928, Special Condition Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.20(3) and §116.715(a), THSC, §382.085(b), and Flexible Air Permit Number 21262/PSD-TX-928, Special Condition Number 1, by failing to prevent unauthorized emissions; and 30 TAC §101.20(3) and §116.115(b)(2)(F), THSC, §382.085(b), and Permit Number 3219/PSD-TX-974, General Condition Number 8, by failing to prevent unauthorized emissions; PENALTY: $345,744; Supplemental Environmental Project (SEP) offset amount of $172,872 applied to Houston-Galveston Area Emission Reduction Credit Organization Clean Cities/Clean Vehicles Program; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: South Hampton Resources, Inc. formerly known as South Hampton Refining Company; DOCKET NUMBERS: 1997-0180-AIR-E, 1997-0222-AIR-E, 1997-0440-IHW-E, 1998-0114-AIR-E, and 2000-0543-AIR-E; TCEQ ID NUMBERS: RN101995611 and RN102591955; LOCATIONS: FM 418 West, west of Silsbee and Highway 92, Silsbee, Hardin County, Texas; TYPES OF FACILITIES: petroleum product refinery and bulk loading terminal; RULES VIOLATED: 30 TAC §335.2 and §335.43 and 40 CFR §268.4(a)(3) and §270.1(b) and (c), by storing, processing, and/or disposing of hazardous waste in the Surface Impoundment without a permit or other authorization from the TCEQ; 30 TAC §335.6, by failing to notify the TCEQ of its storage, processing, and disposal of hazardous waste in the Surface Impoundment; 30 TAC §335.62 and TCEQ Agreed Order Docket Number 1994-0578-IHW-E, Ordering Provision Number 1.a., by failing to properly determine whether contaminated groundwater was hazardous; 30 TAC §335.9(a)(1), by failing to keep records of all hazardous and industrial solid waste activities regarding the quantities generated, stored, processed, and disposed of on-site or shipped offsite for storage, processing, or disposal; 30 TAC §335.62 and §335.503(a) and (b) and Agreed Order Docket Number 1994-0578-IHW-E, Ordering Provision Number 1.e., by failing to conduct hazardous waste determinations and further classify the effluent from Tank Number 7 that was conveyed and placed in the Surface Impoundment; 30 TAC §335.431 (which incorporates 40 CFR §268.7(a)(1)), by failing to provide the required land disposal restriction notice for a shipment of hazardous waste sent on July 19, 1996 to Pure Solve, Inc. in Port Allan, Louisiana; 30 TAC §115.112(a)(2)(F) and §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 10, by failing to equip floating roof tank Numbers 1, 4, 40, 41, 48, 64, 65, and 66 with an approved seal system prior to storing material with a vapor pressure at or above 0.5 pounds per square inch absolute (psia) at maximum storage temperature; 30 TAC §101.20(1) (which incorporates 40 CFR §60.482-6(a)(1)) and 30 TAC §115.352(4) (formerly 30 TAC §115.322(a)(4)) and THSC, §382.085(b), by operating eight open-ended valves on VOC lines (Valve Numbers 4155, 4153, 4154 on the slop oil tank; Valve Number 2403 near Heater H103; and Valve Numbers XV-069, 1823, 1830, and 1286A) that were not sealed with a second valve, a blind flange, a cap, or a plug and by failing to properly seal all valves in VOC service; 30 TAC §115.354(1)(A) (formerly 30 TAC §115.324(a)(1)(A)) and THSC, §382.085(b), by failing to monitor emissions from the T-8 Unit process drain with an hydrocarbon gas analyzer (HGA); 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 1, by exceeding the VOC emissions limits from Tank Number 41, 48, and 66, as specified in the Maximum Allowable Emission Table; 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), 40 CFR §60.105(a)(4)(iii), and TCEQ Permit Number 3295, Special Condition Number 9.A., by failing to properly certify its continuous emission monitoring system (CEMS) for the H2S concentration of the refinery fuel gas; 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit 3295, Special Condition Number 13, by storing material with a vapor pressure greater than 11.0 psia (later reported by South Hampton to be mostly a mixed aldehyde and alcohol stream) in pressurized tanks (Tank Numbers 72, 74, 75, 76, and 77) that did not have pressure gauges between the relief valves and rupture discs; 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit 3295, Special Condition Numbers 13 and 20, by storing material with a vapor pressure greater than 11.0 psia in pressurized tanks (Tank Numbers 72, 74, 75, 76, and 77), and the relief valves were not vented to a flare; 30 TAC §101.20(1) (incorporating 40 CFR §60.105(a)(11)) and THSC, §382.085(b), by failing to properly operate and record CEMS data on January 3, 11, and 30, 1996; February 3, 15, and 16, 1996; March 15, 16, and 31, 1996; and April 6, 9, 17, 23, and 30, 1996; 30 TAC §101.20(1) (incorporating 40 CFR §60.482-6(a)(1)) and 30 TAC §115.352(4) (formerly 30 TAC §115.322(a)(4)) and THSC, §382.085(b), by failing to properly seal valves in VOC service and operated eight open-ended valves on VOC lines that were not sealed with a second valve, a blind flange, a cap, or a plug; 30 TAC §115.112(a)(1) and THSC, §382.085(b), by storing VOCs in tanks and reservoirs that did not have proper control equipment and that were incapable of preventing vapor or gas loss to the atmosphere; 30 TAC §§101.20(1), 115.114(a)(1), 115.116(a)(2), and 116.115(c) (formerly 30 TAC §116.115(a) and (b)), 40 CFR §60.110b, THSC, §382.085(b), and TCEQ Permit Number 3102, General Provision Number 5, by failing to conduct the required inspections and maintain records for the internal floating roof storage tanks to document whether these inspections did occur; 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), 40 CFR §60.18, and TCEQ Permit Number 3102, Special Condition Number 4, by failing to operate its flare in a manner that ensures adequate combustion and by failing to monitor the flare during operation; 30 TAC §115.112(a)(1) and THSC, §382.085(b), by storing VOCs in tanks and reservoirs that did not have control equipment and that were incapable of preventing vapor or gas loss to the atmosphere; 30 TAC §115.112(a)(1) - (3) and THSC, §382.085(b), by failing to have emission controls on Tank Number 7; 30 TAC §115.212(a)(3)(A)(i) and (ii) and THSC, §382.085(b), by failing to conduct all VOC loading and unloading in such a manner that all liquid and vapor lines were either equipped with fittings which made vapor-tight connections that closed automatically when disconnected or equipped to permit the discharge of residual VOC into a vapor recovery or vapor balance system; 30 TAC §101.20(1) (incorporating 40 CFR §60.104(a)(1)) and 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit 3295, Special Condition Numbers 2, 4, and 9C, by combusting fuel gas that contained H2S in excess of 0.1 grams per dry standard cubic feet (230 milligrams per dry standard cubic meter) in the facility heaters; 30 TAC §116.115(c), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 10, by failing to equip Tank Numbers 1, 4, and 66 with secondary seals, or otherwise meet the requirements of Special Condition Number 10; 30 TAC §101.20(1) (incorporating 40 CFR §60.112b(a)(1)(ii)(B) and 30 TAC §115.112(a)(1)), and THSC, §382.085(b), by storing a volatile organic liquid with a vapor pressure in excess of 5.2 kilopascals in Tank Number 66 which did not have double vapor-mounted seals; 30 TAC §115.354(1)(A) (formerly 30 TAC §115.324(a)(1)(A)) and THSC, §382.085(b), by failing to monitor emissions from 11 separate process drains with an HGA; 30 TAC §§101.20(1) (incorporating 40 CFR §61.242-7(d)(1)), 115.352(2) (formerly 30 TAC §115.322(a)(2)), and 116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 5, by failing to repair a leak from valves (Valve Numbers 1578 and 275) as soon as practicable after it detected the leaks, but not later than 15 calendar days after the leak was discovered, except in the case of an allowable repair delay; 30 TAC §101.201(b) (formerly 30 TAC §101.6(b)(5) and (6)) and THSC, §382.085(b), by failing to create, within two weeks of an incident, complete records of the emissions released during an upset that occurred on February 23, 1997 when Tank Number 71 was over-pressurized; 30 TAC §115.352(2) and (3) and THSC, §382.085(b), by failing to properly tag and attempt to repair and/or repair two leading valves (Valve Numbers 2166 and 266) in VOC service; 30 TAC §§101.20(1) (incorporating 40 CFR §60.112b(a)(2)(iii)), 115.541(a), and 115.542(a) and THSC, §382.085(b), by failing to properly empty and degas Tank Number 57 when it was taken out of service; 30 TAC §115.546(1)(A) - (C) and THSC, §382.085(b), by failing to maintain records of the chemical name and estimated liquid quantity contained in and removed from each transport vessel which was degassed or cleaned; 30 TAC §116.115(c) (formerly 30 TAC §116.115(a)), THSC, §382.085(b), 40 CFR Part 60, Appendix F, §5.12, and TCEQ Permit Number 3295, Special Condition Numbers 2 and 9B, by failing to conduct a cylinder gas audit for the first quarter of 1998 on the CEMS used to measure and record the H2S concentration of the refinery fuel gas; 30 TAC §101.201(b) (formerly 30 TAC §101.6(b)) and §101.211(b) (formerly 30 TAC §101.7(c)) and THSC, §382.085(b), by failing to create complete records of all non-reportable upsets, maintenance, start-ups, and shutdowns with unauthorized emissions as soon as practicable, but no later than two weeks after upset/events occurred; 30 TAC §101.201 (formerly 30 TAC §101.6(a)) and THSC, §382.085(b), by failing to report the upset emissions from the flare (Emission Point Number (EPN) F-2) and/or flare area on May 28, 1999 and June 29, 1999; 30 TAC §101.211(a) (formerly 30 TAC §101.7(a)) and THSC, §382.085(b), by failing to properly report unauthorized emissions from a maintenance, start-up, and/or shut down activities; 30 TAC §101.211(a) (formerly 30 TAC §101.7(a)) and §116.115(c), THSC, §382.085(b), TCEQ Permit Number 3295, Special Condition Number 1, by failing to properly report the unauthorized emissions from the flare (EPN-2) from 0600 hours on October 19, 1999 to 2400 hours on October 20, 1999 that occurred due to a maintenance event on Boiler EPN B-1; 30 TAC §115.352(1)(B), (2), and (3) and THSC, §382.085(b), by failing to repair VOC leaks greater than 10,000 pounds per minute on four pumps (3944-P-139A, 3945-P-139B, 3947-P-7B, and 3965-P-204A) in the Penhex Unit within 15 calendar days after the leaks were found, or tagged and repaired during a unit shutdown if repair would create more emissions than the repair would eliminate. On November 30, 1999 the pumps were found to be leaking but were not tagged and were not repaired during the next unit shut down during the first week in January 2000; THSC, §382.085(b), by failing to prevent the unauthorized emission of 64 pounds of a tetralin (70%) naphthalene (30%) mixture over an eight-hour period on April 23, 2001; and 30 TAC §116.115(c), THSC, §382.085(b), and TCEQ Permit Number 3295, Special Condition Number 1, by failing to maintain an emission rate below the allowable emission limit. Special Condition Number 1 of Permit Number 3295 limits the VOC emission rate at tank 41 (EPN TK-41) to 0.36 pounds/hour; PENALTY: $274,433; SEP offset amount of $137,216 applied to Texas Association of Resource Conservation & Development Areas, Inc. Water or Wastewater Assistance; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200801700

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 1, 2008

Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 12, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO 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 DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on May 12, 2008 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Lawrence Jackson; DOCKET NUMBER: 2007-1245-MLM-E; TCEQ ID NUMBER: RN105146674; LOCATION: 9445 County Road 343, Caldwell, Burleson County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste (MSW) disposal site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; and 30 TAC §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the general prohibition on outdoor burning; PENALTY: $5,840; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Mohammad K. Aroud dba Jones Mart Shell; DOCKET NUMBER: 2004-0089-PST-E; TCEQ ID NUMBER: RN102834223; LOCATION: 11702 Jones Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.7(a)(1) and §334.8(c)(4)(B) and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed, and that it is submitted to the agency in a timely manner and by failing to register the USTs with the agency on authorized agency forms; 30 TAC §37.815(a)(1) and (b)(1), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate before delivery of a regulated substance into the USTs is accepted; 30 TAC §334.48(c), by failing to conduct inventory control at a retail facility, regardless of the chosen method of release detection; 30 TAC §334.73 and §334.74, by failing to conduct a site check upon the request of the TCEQ when environmental contamination is the basis for suspecting a release; 30 TAC §334.22(a), by failing to pay annual UST registration and associated late fees for Financial Administration Account Number 0060690U, UST Identification Number 33010, for Fiscal Years 2001 - 2004; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review upon request by authorized representatives of the TCEQ; and 30 TAC §334.50(b)(2) and (2)(A)(i)(III) and TWC, §26.3475(a), by failing to monitor pressurized piping associated with the UST system in a manner designed to detect releases from any portion of the piping system; PENALTY: $136,070; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: P Johnston Ventures, Inc.; DOCKET NUMBER: 2005-1141-MSW-E; TCEQ ID NUMBER: RN100869254; LOCATION: 860 Rayford Road, Montgomery County, Texas; TYPE OF FACILITY: unauthorized MSW site; RULES VIOLATED: 30 TAC §330.15(c) (formerly 30 TAC §330.5(c)), by causing, suffering, allowing, or permitting the dumping or disposal of MSW without the written authorization of the commission; PENALTY: $7,125; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: Texas Industrial Scrap Iron & Metal Company, Inc.; DOCKET NUMBER: 2007-0641-MLM-E; TCEQ ID NUMBER: RN100944313; LOCATION: 3800 North Commerce Street, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: scrap metal recycling facility; RULES VIOLATED: 30 TAC §328.60(a) and THSC, §361.112(a), by failing to obtain a registration for storing more than 500 used or scrap tires (or weight equivalent tire pieces or any combination thereof) on the ground; 30 TAC §330.15(c) and §335.4, by failing to dispose of MSW and to prevent spills of industrial solid waste; 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to conduct a hazardous waste determination and waste classification; 30 TAC §281.25(a)(4) and Texas Pollutant Discharge Elimination System Storm Water Permit Number TXR05O242, Part III, Section A.5. (a) and (e), by failing to develop and implement good housekeeping practices or procedures to reduce or eliminate exposure of garbage and rubbish to storm water runoff and to develop Best Management Practices to reduce the discharge and potential discharge of pollutants in storm water; and 30 TAC §324.6 and 40 CFR §279.22(c)(1), by failing to clearly label containers storing used oil; PENALTY: $26,775; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200801701

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 1, 2008

Notice of Water Quality Applications

The following notices were issued during the period of March 20, 2008 through March 27, 2008.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

INFORMATION SECTION

CITY OF GOODLOW has applied for a renewal of TPDES Permit No. WQ0012616001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately two miles south of the intersection of State Highway 31 and State Highway 309 on the west side of State Highway 309 in Navarro County, Texas.

DURK ZWART has applied for a renewal of Texas Pollution Discharge Elimination System (TPDES) Permit No. WQ00033500000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 850 of which all are milking cows. The facility is located on the east side of Farm-to-Market Road 219 at the intersection of Farm-to-Market Road 219 and Private Road 1482 in Erath County, Texas.

GRANDY RANCH LTD has applied for a renewal of Permit No. WQ0004458000, which authorizes the land application of sewage sludge, water treatment plant sludge and domestic septage for beneficial use. The current permit authorizes land application of sewage sludge water treatment plant sludge and domestic septage for beneficial use on 368 acres. The anticipated date of the first application of sludge, subject to the issuance of the permit, is May 23, 2008. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located on Paddy Hamilton Road, 1.2 miles east of the intersection of U.S. Highway 190 and Paddy Hamilton Road in Bell County, Texas.

HUDSON LIVESTOCK SUPPLEMENTS INC which proposes to operate a livestock feed supplement manufacturing plant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, Proposed Permit No. WQ0004801000 which would propose the disposal of treated wastewater at a daily flow rate not to exceed 8,000 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and disposal site are located adjacent to North U.S. Highway 67 and North Thompson Road in Tom Green County, Texas.

HURRSHELL RAY WHITEFIELD AND B&J CATTLE LLC has applied for a new Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004831000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate a dairy heifer replacement facility at a maximum capacity of 2,000 head. The facility is located on the north side of County Road 128, approximately 1 mile northwest of the intersection of County Road 128 and State Highway 108, said intersection is located approximately 1 mile north of Huckabay in Erath County, Texas.

LTR UTILITY LLC a private developer, has applied for a new permit, Proposed Permit No. WQ0014848001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day via a public access subsurface drip irrigation system with a minimum area of 34.5 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located approximately 1,940 feet northeast of the intersection of Rod and Gun Club Road and Siesta Shores Drive, on the west side of Siesta Shores Drive. The disposal site will include multiple areas located approximately 4,400 feet east of the intersection of Bee Creek Road and Siesta Shores Drive and 2,100 feet northeast of the intersection of Bee Creek Road and Siesta Shores Drive in Travis County, Texas.

MERISOL USA LLC which operates Greens Bayou Industrial Chemicals Plant, has applied for a renewal of TPDES Permit No. WQ0000485000, which authorizes the discharge of storm water, impounded process area storm water, and previously monitored effluents (boiler blowdown and cooling tower blowdown) on an intermittant and flow variable basis via Outfall 001 and the discharge of storm water and impounded process area storm water on an intermittant and flow variable basis via Outfalls 002, 003, 004, and 005. The facility is located at 1914 Haden Road on the east side of Greens Bayou, Harris County, Texas.

OIL STATES INDUSTRIES INC has applied for a renewal of TPDES Permit No. WQ0012314001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 7,500 gallons per day. The facility is located in the southwest corner of a company-owned tract in the eastern part of the Jacintoport Industrial District and approximately 7500 feet east of the intersection of Sheldon Road and Jacintoport Boulevard in the City of Channelview in Harris County, Texas.

TM DEER PARK SERVICES LIMITED PARTNERSHIP which proposes to operate TM Deer Park Services, a commercial RCRA permitted hazardous waste treatment, storage, and disposal facility that also conducts organic chemical recycling operations and treats on-site and off-site sanitary wastewaters, has applied for a renewal of TPDES Permit No. WQ0003937000, which authorizes the discharge of treated cooling tower blowdown, boiler blowdown, sanitary wastewater (on-site and off-site), and filter back wash at a daily average flow not to exceed 150,000 gallons per day via Outfall 001. The facility is located at 2525 Battleground Road, adjacent to the west side of State Highway 134, approximately two miles north of the intersection of State Highway 134 and State Highway 225 in the City of Deer Park, Harris County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200801725

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 2, 2008

Notice of Water Rights Application

Notices issued March 27, 2008.

APPLICATION NO. 12154; Luminant Mining Company LLC, Applicant, 1601 Bryan Street, Dallas, TX 75201-3411, has applied for a Water Use Permit to construct and maintain two dams and reservoirs and to divert and use not to exceed 1,000 acre-feet of water per year from two diversion areas for mining purposes in Limestone County. Diversion Area One is located on unnamed tributaries of Cox Creek and Cox Creek and Diversion Area Two is located on Owens Creek, Brazos River Basin. More information on the application and how to participate in the permitting process is given below. The application and fees were received on January 3, 2007 Additional information was received on May 23, July 6, and August 15, 2007. The application was declared administratively complete and accepted for filing on August 23, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

A public meeting is intended for the taking of public comment, and is not a contested case hearing.

The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.

If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200801726

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 2, 2008

General Land Office

Notice of Approval of Coastal Boundary Survey

Pursuant to §33.136 of the Texas Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey filed as Aransas County NRC §33.136 sketch no. 8, submitted by J. L. Brundrette, Jr., Aransas County Surveyor, surveyed on the ground January 17, 2007, locating the following shoreline boundary:

A portion of the Mean High Water line that separates a called 72.212 acre tract that embraces portions of Farm Lots 3 and 4, Land Block 243, Burton and Danforth Subdivision from state submerged tract 222, Redfish Bay. The called 72.212 acre tract is within the John H. Phillips Survey, Abstract No. 175. This coastal boundary survey is located northeastwardly of City-by-the-Sea and southwesterly of Palm Harbor.

The line depicted on the survey fixes the shoreline for purposes of locating a shoreline boundary, subject to movement landward of that line. This survey is intended to provide pre-project baseline information related to an erosion response activity on coastal public lands. An owner of uplands adjoining the project area is entitled to continue to exercise littoral rights possessed prior to the commencement of the erosion response activity, but may not claim any additional land as a result of accretion, reliction, or avulsion resulting from the erosion response activity.

For a copy of this survey or more information on this matter, contact Bill O'Hara, Director of the Survey Division, Texas General Land Office by phone at (512) 463-5212, email bill.ohara@glo.state.tx.us, or fax (512) 463-5223.

TRD-200801708

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: April 2, 2008

Texas Health and Human Services Commission

Notice of Hearing on Proposed Nursing Facility Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on May 6, 2008, at 9:00 a.m., to receive public comment on proposed payment rates for the state-owned veterans nursing facilities. These nursing facilities are in the nursing facility program operated by Texas Department of Aging and Disabilities. These payment rates are proposed to be effective September 1, 2007.

The public hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.105(g), which require public notice and hearings on proposed payment rates. The public hearing will be held in the Permian Basin Room of the HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring American with Disabilities Act (ADA) accommodation or auxiliary aids or services should contact Irene Cantu by calling (512) 491-1358, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes the following per day payment rates for the state-owned veterans nursing facilities effective September 1, 2007: Big Spring, $133.00; Bonham, $133.00; Floresville, $133.00; Temple, $133.00; McAllen, $133.00; El Paso, $133.00; and Amarillo, $133.00. The proposed rates for each home are based upon the state veterans home semi-private basic daily rate in effect on the first day of the rate period in accordance with the rate setting methodologies listed below under Methodology and Justification. These rates will be reconciled retrospectively based on actual costs in accordance with 1 TAC §355.311(j).

Methodology and Justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.511(d).

Briefing Package. A briefing package describing the proposed payment rates will be available April 25, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Irene Cantu by telephone at (512) 491-1358, by fax at (512) 491-1998; or by e-mail at irene.cantu@hhsc.state.tx.us. The briefing package will also be available at the public hearing.

Written and Oral Comments. Written comments regarding the payment rates may be submitted in lieu of, or in addition to, oral testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Irene Cantu, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Irene Cantu at (512) 491-1998; or by e-mail to irene.cantu@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Irene Cantu, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200801611

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 26, 2008

Notice of Hearing on Proposed Provider Payment Rate Methodology

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public rate hearing to receive public comment on proposed Medicaid payment rates for Freestanding Psychiatric Facilities. These programs are operated by HHSC. The rate hearing will be held on Wednesday, April 23, 2008, at 9:00 a.m. in the Lone Star Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security at the entrance facing Metric Boulevard. The hearing will be held in compliance with Title 1 Texas Administrative Code §355.105(g) and §355.201(e) - (f), and Texas Human Resources Code §32.0282, which require public hearings on proposed payment rates for medical assistance programs.

Proposal. The reimbursement methodology for freestanding psychiatric facilities was recently updated and approved by Centers for Medicare and Medicaid (CMS) on March 5, 2008. HHSC adopted the state reimbursement rule at 1 Texas Administrative Code §355.8063(w) in the April 4, 2008, issue of the Texas Register. The proposed rates are based on the Medicare federal base rate from rate year 2007 with adjustments for wages, rural location, and length of stay. The proposed rates will be effective January 1, 2008.

Methodology and justification. The proposed rates were determined in accordance with the rate setting methodology at 1 Texas Administrative Code §355.8063(w) that was published as adopted in the April 4, 2008, issue of the Texas Register, and in compliance with Title XIX Social Security Act, as amended. The per diem rate will be determined based upon the Medicare federal base per diem for inpatient psychiatric facilities with facility-based adjustments for wages, rural location, and length of stay as determined by Medicare, to the extent possible within available funds.

Written Comments. Written comments regarding the proposed reimbursement methodology may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Amber Lovett, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by email to amber.lovett@hhsc.state.tx.us. Express mail can be sent, or written comments can be hand-delivered, to Ms. Lovett, HHSC Rate Analysis, MC H-400, Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Lovett at (512) 491-1998.

Briefing Package. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Ms. Lovett at (512) 491-1371, or by email to amber.lovett@hhsc.state.tx.us, or HHSC Rate Analysis, MC H-400 P.O. Box 85200, Austin, Texas 78708-5200. Briefing packages also will be available at the hearing.

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by April 21, 2008, so appropriate arrangements can be made.

TRD-200801728

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 2, 2008

Public Notice

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 08-001, Amendment Number 805, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. This amendment will be effective January 1, 2008.

The purpose of this amendment is to initiate a process by which the State will pay managed care organizations who have entered into a Medicare Risk Product Agreement with the Centers for Medicare and Medicaid Services (CMS), referred to as a "Medicare Advantage Health Plan," or "MA Health Plan," a monthly capitated payment in exchange for the MA Health Plan's payment of the cost sharing obligations to health care service providers attributable to dual eligible members enrolled in the MA Health Plan's Medicare risk product. The State Agreement will be the only vehicle for recovery of the cost sharing obligations attributable to dual eligible members.

The proposed amendment will have no fiscal impact to the state or federal budgets.

Interested parties may obtain copies of the proposed amendment by contacting DJ Johnson, by mail at, Health and Human Services Commission, 11209 Metric Boulevard, H-320, Austin, Texas 78758; by telephone at (512) 491-1301; by facsimile at (512) 491-1969; or by e-mail at david.johnson@hhsc.state.tx.us. 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-200801607

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: March 26, 2008

Department of State Health Services

Notice of Agreed Orders

QC Laboratories, Inc. (License Number L04750) of Houston. A total penalty of $500 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Austin Bone and Joint Clinic (Registration Number R02379) of Austin. A total penalty of $1,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

West Texas Orthopedics, LLP (Registration Number R10503) of Midland. A total penalty of $6,500 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Midwest Dental Equipment and Supply Company (Registration Number R17773) of Wichita Falls. A total penalty of $3,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Team Industrial Services, Inc. (License Number L00087) of Alvin. A total penalty of $2,500 shall be paid by registration for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Baker Atlas (License Number L00446) of Houston. A total penalty of $3,250 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Coburn Chiropractic Center (Registration Number R26823) of West Columbia. A total penalty of $2,000 shall be paid by registrant for violations of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

Halliburton Energy Services (License Number L02113) of Houston. A total penalty of $2,500 shall be paid by registrant for violation of 25 Texas Administrative Code, Chapter 289. The registrant shall also comply with additional settlement agreement requirements.

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, press "1" then press "0", Monday - Friday, 8:00 a.m. to 5:00 p.m. (except holidays).

TRD-200801693

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: April 1, 2008

Notice of Public Hearing and Extension of the Public Comment Period on Proposed Rules Concerning the Regulation of Bedding Products

The Department of State Health Services (DSHS) will hold a public hearing in response to a stakeholder request, to accept public comments on the proposed rules to amend 25 Texas Administrative Code Chapter 205, Subchapter A, §§205.1 - 205.9 and §§205.11 - 205.17, including repeal of §205.10 and new §205.10, concerning the regulation of bedding products.

The hearing will be conducted from 9:00 a.m. to 11:30 a.m. on April 30, 2008, in the Moreton Building, Room M-739, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756. The hearing will be structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing. Comment time for each individual will be determined by the total number of persons registered to speak.

DSHS is extending the public comment period for these proposed rules, which were published in the Proposed Rules section of the March 14, 2008, issue of the Texas Register (33 TexReg 2111). The new deadline for submission of comments is extended 26 days, through May 9, 2008, to allow stakeholders additional time in the review and comment process. Any draft changes to the proposed rule language will appear on the DSHS website at http://www.dshs.state.tx.us/bedding/draft.shtm and copies of the draft changes will be available at the public hearing.

Further information may be obtained from, and comment may be addressed to Paula Anderson, Public Health Sanitation and Consumer Product Safety Group, Division for Regulatory Services, MC 1987, Department of State Health Services, P.O. Box 149347, Austin, Texas 78714-9347; telephone (512) 834-6773, extension 3600 or (800) 292-9152; fax (512) 834-6707; or electronic mail at Paula.Anderson@dshs.state.tx.us.

TRD-200801712

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: April 2, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of SAN ANTONIO REINSURANCE COMPANY to SAN ANTONIO INDEMNITY COMPANY, a domestic fire and/or casualty company. The home office is in San Antonio, Texas.

Application for admission to the State of Texas by CENSTAT CASUALTY COMPANY, a foreign fire and/or casualty company. The home office is in Omaha, Nebraska.

Application for incorporation to the State of Texas by BLUEBONNET INSURANCE GROUP, a domestic fire and/or casualty company. The home office is in Huntsville, Texas.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200801703

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 1, 2008

Notice of Proposed Restated Texas Health Insurance Risk Pool Plan of Operation

Notice is given to the public of the proposed restatement of the Texas Health Insurance Risk Pool (Pool) Plan of Operation pursuant to Insurance Code §1506.201.

The Pool was created in 1989 by the Texas Legislature to provide health insurance to eligible Texas residents who, due to medical conditions, are unable to obtain coverage from commercial insurers. The Pool became operational when the Texas Legislature provided start-up funding in 1997 to ensure that Texas complied with the federal Health Insurance Portability and Accountability Act of 1996 (HIPAA) that reformed the marketplace for health insurance. Accordingly, the Pool also serves as the Texas alternative mechanism for individual health insurance coverage, guaranteeing portability of coverage to qualified individuals who lose coverage under an employer group plan, church plan or state plan, as mandated by HIPAA. The Commissioner approved the original Plan of Operation on October 28, 1997. Section 1506.201 provides that proposed amendments to the Plan of Operation be approved by the Commissioner before becoming part of the Plan.

The Pool Board of Directors considered a number of changes to the Plan of Operation at its October 26, 2007 meeting. The Board voted to recommend approval by the Commissioner of amendments restating the Plan of Operation. The proposed restated Plan of Operation favorably recommended to the Commissioner by the Board includes both substantive changes to various operational activities of the Pool set out in the Plan document, as well as a number of nonsubstantive but necessary conforming changes to Insurance Code references, and to certain defined terms and references, based on the enactment of the nonsubstantive code revision by the 78th Legislature, Regular Session.

A full text copy of the proposed restated Plan of Operation is available by electronic mail, facsimile transmission, or USPS, from the Office of the Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104, telephone (512) 463-6326. A copy of the full text of the proposed restated Plan of Operation is available for viewing at http://www.tdi.state.tx.us or at http://www.txhealthpool.org.

The Commissioner will consider written comments on the proposal, provided they are submitted in writing no later than 5:00 p.m. on April 28, 2008 to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comment shall be simultaneously submitted to Betty DeLargy, Counsel for the Pool, Long, Burner, Parks & DeLargy, P.C., 106 E. Sixth Street, Suite 300, Austin, Texas 78701-3665.

TRD-200801608

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 26, 2008

Texas Department of Insurance, Division of Workers' Compensation

Notice of Public Hearing

The Texas Department of Insurance, Division of Workers' Compensation (TDI) will hold a public hearing on Tuesday, April 22, 2008 in the Tippy Foster Room at the Metro Building, 7551 Metro Center Drive in Austin.

The public hearing will begin at 9:00 a.m. and TDI will take testimony on the following rule repeal:

Chapter 134. Benefits--Guidelines for Medical Services, Charges, and Payments.

Subchapter E. Health Facility Fees.

§134.401. Acute Care Inpatient Hospital Fee Guideline.

The proposed rule repeal was published in the Texas Register on February 22, 2008 (33 TexReg 1487), and may be viewed on the TDI website at http://www.tdi.state.tx.us/wc/rules/proposedrules/toc.html. Although the comment period for the proposal closed on March 24, 2008 at 5:00 p.m., commenters may present additional comments at the hearing.

TDI offers reasonable accommodations for persons attending meetings, hearings, or educational events, as required by the Americans with Disabilities Act. If you require special accommodations, contact Idalia Cantu at (512) 804-4403 at least two days prior to the hearing date.

For further information regarding this notice, contact Blanca Guardiola of the Division's Legal Services Section at (512) 804-4716.

TRD-200801729

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: April 2, 2008

Texas Lottery Commission

Instant Game Number 1053 "Giant Jumbo Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1053 is "GIANT JUMBO BUCKS". The play style is "key number match with auto win (5X)".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1053 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1053.

A. Display Printing--That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint--The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol--The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, JUMBO SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000, and $50,000.

D. Play Symbol Caption--The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

FIGURE 1: 16 TAC GAME NO. 1053 - 1.2D

E. Serial Number--A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.

F. Low-Tier Prize--A prize of $5.00, $10.00, $15.00, or $20.00.

G. Mid-Tier Prize--A prize of $50.00, $100 or $500.

H. High-Tier Prize--A prize of $1,000, $5,000 or $50,000.

I. Bar Code--A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number, and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number--A 14 (fourteen) digit number consisting of the four (4) digit game number (1053), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1053-0000001-001.

K. Pack--A pack of "GIANT JUMBO BUCKS" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

L. 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.

M. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "GIANT JUMBO BUCKS" Instant Game No. 1053 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "GIANT JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any SERIAL NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "JUMBO" play symbol, the player wins 5 TIMES the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 44 (forty-four) 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 44 (forty-four) 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 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 44 (forty four) 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 in a pack will not have identical play data, spot for spot.

B. The "JUMBO" (win x 5) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.

C. No more than three (3) duplicate non-winning prize symbols will appear on a ticket.

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

E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

F. Non-winning prize symbols will never be the same as the winning prize symbol(s).

G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e., 5 and $5).

H. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "GIANT JUMBO BUCKS" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100, or $500, 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100 or $500 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 "GIANT JUMBO BUCKS" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "GIANT JUMBO 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.

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 of Public Accounts, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Office of 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 "GIANT JUMBO BUCKS" 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 "GIANT JUMBO BUCKS" 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 §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 6,000,000 tickets in the Instant Game No. 1053. The approximate number and value of prizes in the game are as follows:

FIGURE 2: 16 TAC GAME NO. 1053 - 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. 1053 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. 1053, 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-200801613

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 27, 2008

Instant Game Number 1054 "Mega Jumbo Bucks"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1054 is "MEGA JUMBO BUCKS". The play style is "key number match with auto win (10X)".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1054 shall be $10.00 per ticket.

1.2 Definitions in Instant Game No. 1054.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, JUMBO SYMBOL, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $2,500 and $100,000.

D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:

FIGURE 1: 16 TAC GAME NO. 1054 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) 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: 00000000000000.

F. Low-Tier Prize - A prize of $10.00, or $20.00.

G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.

H. High-Tier Prize - A prize of $1,000, $2,500 or $100,000.

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1054), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1054-0000001-001.

K Pack - A pack of "MEGA JUMBO BUCKS" Instant Game tickets contains 050 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 050 while the other fold will show the back of 001 and front 050.

L. 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.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MEGA JUMBO BUCKS" Instant Game No. 1054 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "MEGA JUMBO BUCKS" Instant Game is determined once the latex on the ticket is scratched off to expose 54 (fifty-four) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any SERIAL NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "JUMBO" play symbol, the player wins 10 TIMES the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 54 (fifty-four) 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 54 (fifty-four) 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 54 (fifty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 54 (fifty-four) 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 in a pack will not have identical play data, spot for spot.

B. The "JUMBO" (win x 10) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.

C. No more than four (4) duplicate non-winning prize symbols will appear on a ticket.

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

E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.

F. Non-winning prize symbols will never be the same as the winning prize symbol(s).

G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).

H. The top prize symbol will appear on every ticket unless otherwise restricted.

2.3 Procedure for Claiming Prizes.

A. To claim a "MEGA JUMBO BUCKS" Instant Game prize of $10.00, $20.00, $50.00, $100, $200, or $500, 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100, $200 or $500 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 "MEGA JUMBO BUCKS" Instant Game prize of $1,000, $2,500 or $100,000, 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 "MEGA JUMBO 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.

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;

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

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 "MEGA JUMBO BUCKS" 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 "MEGA JUMBO BUCKS" 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.

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 3,000,000 tickets in the Instant Game No. 1054. The approximate number and value of prizes in the game are as follows:

FIGURE 2: 16 TAC GAME NO. 1054 - 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. 1054 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. 1054, 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-200801614

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 27, 2008

Instant Game Number 1064 "Numero Uno"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1064 is "NUMERO UNO". The play style is "row/column/diagonal with doubler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1064 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1064.

A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.

B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, $100 and $1,000.

FIGURE 1: GAME NO. 1064 - 1.2D

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

G. Mid-Tier Prize - A prize of $40.00 or $100.

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

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1064), 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: 1064-0000001-001.

K Pack - A pack of "NUMERO UNO" 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.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "NUMERO UNO" Instant Game No. 1064 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "NUMERO UNO" Instant Game is determined once the latex on the ticket is scratched off to expose 10 (ten) Play Symbols. If a player reveals 3 matching symbols in any one row, column or diagonal line, the player wins the PRIZE shown. If a player reveals 3 "1" symbols in any one row, column or diagonal line, the player wins DOUBLE the PRIZE shown. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 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 in a pack will not have identical play data, spot for spot.

B. No four or more matching play symbols on a ticket.

C. There will be only one occurrence of 3 matching play symbols appearing in a row, column or diagonal.

D. There will be at least one 1 (double) play symbol on every ticket.

E. There will be a predominance of $10 and above prize symbols on non-winning tickets.

2.3 Procedure for Claiming Prizes.

A. To claim a "NUMERO UNO" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00, or $100, 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, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $40.00 or $100 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 "NUMERO UNO" 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 "NUMERO UNO" 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.