In Addition

In Addition

Texas Department of Agriculture

Request for Proposal: GO TEXAN Partner Program

Pursuant to the Texas Agriculture Code, §§46.001 - 46.013 and 4 Texas Administrative Code §§17.300 - 17.310, the Texas Department of Agriculture (the department) hereby requests proposals for GO TEXAN Partner Program (GOTEPP) projects for the period of January 1, 2008 through August 31, 2009. GOTEPP is a dollar-per-dollar matching fund promotion program designed to increase consumer awareness of Texas agricultural products and expand the markets for Texas agricultural products by developing a general promotional campaign for Texas agricultural products and advertising campaigns for specific Texas agricultural products based on project proposals submitted by successful applicants. GOTEPP project proposal application information can be obtained from the department's web site: www.GOTEXAN.org, or by contacting the Funding Coordinator for Marketing and Promotion at (512) 463-7731 or (512) 463-8382.

Eligibility. An eligible applicant must be a:

(1) state or regional organization or board that promotes the marketing and sale of Texas agricultural products and does not stand to profit directly from specific sales of agricultural commodities;

(2) a cooperative organization under 4 Texas Administrative Code §17.301;

(3) a state agency or board that promotes the marketing and sale of Texas agricultural products;

(4) a small business under 4 Texas Administrative Code §17.301; or

(5) any other entity that promotes the marketing and sale of Texas agricultural products.

An eligible applicant must also:

(1) be a product or restaurant member in good standing with the department's GO TEXAN program;

(2) meet the requirements in the GOTEPP Texas Administrative Code Rules and department guidelines, and

(3) be physically located or have their principal place of business in Texas. The department has the sole discretion to determine whether an applicant meets any GOTEPP eligibility requirements.

Project Proposal Requirements. GOTEPP applicants must submit a project proposal in accordance with the department guidelines. The project proposal must describe the advertising or other market-oriented promotional activities to be carried out if GOTEPP matching funds are granted to the applicant. The project proposal must also include:

(1) a cover page including the name, title, and address of applicant(s)/business owner(s);

(2) a table of contents for the project proposal;

(3) a one-page summary of 200 words or less that briefly describes the project proposal including the project's plan and methodology, and how this project will contribute to the enhancement of GO TEXAN program;

(4) a description of how this project is anticipated to benefit a specific region of the state or a specific commodity;

(5) a description, if any, of preliminary market research and sales percent increases to be achieved as a result of the project;

(6) a biography of the applicant and a description of the business entity;

(7) a detailed project budget including specific dollar amounts for all potential costs;

(8) a description of how the applicant will quantify and report to the department anticipated sales increases due to implementation of their GOTEPP project; and

(9) any other requirements in the GOTEPP guidelines.

Additionally, the applicant will have to submit sworn statements, on the form(s) provided by the department, stating that the applicant:

(1) is not currently delinquent in the payment of any franchise taxes owed to the State of Texas;

(2) is not delinquent in child support under the Texas Family Code §231.006;

(3) is not delinquent in a payment of a guaranteed student loan; and

(4) has disclosed any existing or potential conflict of interest relative to the evaluation of the project plan by the GOTEPP Advisory Board.

If applicant's project is accepted for consideration by the GOTEPP Advisory Board, then applicant is required to submit to the GOTEPP funding coordinator an additional ten copies to be distributed to the GOTEPP Advisory Board members.

All qualifying proposals will be evaluated by the GOTEPP Advisory Board appointed by the Commissioner of Agriculture. This panel consists of representatives from the following: the Texas Department of Agriculture, radio media, print media, television media, advertising, higher education, United States Department of Agriculture Commodity Credit Corporation (non-voting), Internet Web site or electronic commerce industry, the field of economic analysis, an agriculture producer representative and a consumer representative. Project proposals will be considered for funding award by the GOTEPP Advisory Board on a competitive basis. Preference will be given to project proposals that are unique in nature, avoid duplication with other projects already funded by the department, and enhance the department's GO TEXAN Program. The announcement of the GOTEPP project awards will be made at GOTEPP Advisory Board meetings. Meetings are held biannually; and additional meetings may be called by the Commissioner of Agriculture.

All approved projects must be completed by July 31, 2009, or the date specified in the grant agreements, whichever is earlier. Upon instruction of the GOTEPP funding coordinator, successful applicants will submit to the department the matching funds for their approved project within ten business days after receiving written notification requesting the matching funds. Matching funds may not be paid to the department by credit card and must be accompanied by an executed grant agreement.

All approved projects will be subject to audit and periodic reporting requirements.

Proposals should be submitted to: Debbie Wall, Funding Coordinator for Marketing and Promotion, Texas Department of Agriculture, 1700 North Congress Avenue, 11th Floor, Austin, Texas 78701. Ms. Wall may be contacted by telephone at (512) 463-7731 or by fax at 1-888-223-5717 for additional information about preparing the proposal. Proposals will be accepted by the department on a continuous basis until all available GOTEPP funds are depleted.

TRD-200800722

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: February 6, 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 02/11/08 - 02/17/08 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 02/11/08 - 02/17/08 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 02/01/08 - 02/29/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 02/01/08 - 02/29/08 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-200800676

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 4, 2008

Texas Education Agency

Notice of Correction: Request for Applications Concerning the Collaborative Dropout Reduction Pilot Program

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-08-129, Request for Applications Concerning the Collaborative Dropout Reduction Pilot Program, in the January 25, 2008, issue of the Texas Register (33 TexReg 766).

The TEA is amending the deadline for receipt of applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, April 10, 2008, to be eligible to be considered for funding. This correction reflects a change from the original deadline date of Tuesday, April 29, 2008.

Further Information. For clarifying information about the RFA, contact Carlos Garza, Division of Discretionary Grants, TEA, (512) 463-9269, or Chris Caesar, Division of State Initiatives, TEA, (512) 936-6060.

TRD-200800715

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 6, 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 March 17, 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 March 17, 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: Ameriforge Corporation dba Forged Vessel Connections; DOCKET NUMBER: 2007-0577-IHW-E; IDENTIFIER: RN103037719; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: custom forging; RULE VIOLATED: 30 Texas Administrative Code (TAC) §335.2(b), by failing to dispose of Class 1 waste at an authorized facility; 30 TAC §335.10(a)(1), by failing to use the correct manifest when shipping Class 1 waste for disposal; 30 TAC §335.6(c), by failing to update the facility's notice of registration; 30 TAC §335.513, by failing to provide the required waste stream documentation for one waste stream; 30 TAC §335.9(a)(2), by failing to maintain a correct annual waste summary; and 30 TAC §335.10(c), by failing to list the correct Texas waste codes on Class 1 manifests; PENALTY: $3,102; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Aradhana Texas, Inc. dba Mr. Convenience; DOCKET NUMBER: 2008-0082-PST-E; IDENTIFIER: RN101558765; LOCATION: Haltom City, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; and 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Brazos River Authority and Lower Colorado River Authority; DOCKET NUMBER: 2007-1670-MWD-E; IDENTIFIER: RN100822600; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010264002, 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 (TSS) carbonaceous biochemical oxygen demand, total ammonia nitrogen, and flow; PENALTY: $13,500; Supplemental Environmental Project (SEP) offset amount of $10,800 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(4) COMPANY: Clara Hills Civic Association; DOCKET NUMBER: 2007-1537-PWS-E; IDENTIFIER: RN101208882; LOCATION: Burleson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and Texas Health and Safety Code (THSC), §341.0315(c), by exceeding the maximum contaminant level (MCL) for total trihalomethanes; PENALTY: $342; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Coming of Christ Full Gospel Church; DOCKET NUMBER: 2007-0770-PWS-E; IDENTIFIER: RN103010211; LOCATION: Italy, Ellis County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(h)(1), by failing to obtain written approval of plans and specifications prior to construction of a new public water system; 30 TAC §290.41(c)(3)(A), by failing to submit well completion data for commission review and approval; and 30 TAC §290.43(c), by failing to ensure all potable water storage facilities are covered and designed, fabricated, erected, tested, and disinfected in strict accordance with current American Water Works Association standards; PENALTY: $440; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Sanger Avenue, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Eastman Cogeneration L.P.; DOCKET NUMBER: 2007-1737-AIR-E; IDENTIFIER: RN100542695; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: electric generating plant; RULE VIOLATED: 30 TAC §§101.20(1), 116.115(b)(2)(F) and (c), and 122.142(4), Federal Operating Permit Number O-02082, Special Terms and Conditions 1 and 8, Air Permit 39842, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(7) COMPANY: Mohammed Basheer dba Exxon 45; DOCKET NUMBER: 2007-1087-PST-E; IDENTIFIER: RN101814010; LOCATION: Galveston, Galveston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.244(3) and THSC, §382.085(b), by failing to conduct monthly inspections of the Stage II vapor recovery system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; and 30 TAC §334.50(d)(1)(B) and the Code, §26.3475(c)(1), by failing to conduct proper inventory control procedures for all USTs at the station; PENALTY: $7,850; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2007-1606-AIR-E; IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(b), by failing to prevent a nuisance condition; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $5,000 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: Dornal L. Foust; DOCKET NUMBER: 2007-1559-LII-E; IDENTIFIER: RN103484259; LOCATION: Fort Worth and Arlington, Tarrant County, Texas; TYPE OF FACILITY: landscape irrigator business; RULE VIOLATED: 30 TAC §344.95(a), by failing to design an irrigation system, or portion thereof, so as to require the use of all component parts in a way which complies with the manufacturer's performance limitations for the part, unless the use is necessary to accommodate special site conditions; PENALTY: $131; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Harlow Stores, Inc. dba Harlows 3; DOCKET NUMBER: 2008-0083-PST-E; IDENTIFIER: RN101553220; LOCATION: Melissa, Collin 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: 2301 Gravel Drive, Fort Worth, Texas 76118-6971, (817) 588-5800.

(11) COMPANY: Neches Food Store; DOCKET NUMBER: 2007-1122-PST-E; IDENTIFIER: RN102363074; LOCATION: Bridge City, Orange County, Texas; TYPE OF FACILITY: property with USTs; RULE VIOLATED: 30 TAC §334.47(a)(2) and §334.54(d)(2), by failing to either permanently remove from service no later than 60 days after the prescribed implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements or ensure that any residue from stored regulated substances which remained in a temporarily out-of-service UST system did not exceed 2.5 centimeters at the deepest point and did not exceed 0.3 percent by weight of the system at full capacity; and 30 TAC §334.54(b), by failing to maintain all piping, pumps, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $7,875; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(12) COMPANY: City of Redwater; DOCKET NUMBER: 2007-1723-MWD-E; IDENTIFIER: RN102179371; LOCATION: Redwater, Bowie County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010926001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for five-day biochemical oxygen demand, total chlorine residual, and TSS; PENALTY: $3,100; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(13) COMPANY: City of Southside Place; DOCKET NUMBER: 2007-1440-PWS-E; IDENTIFIER: RN101178978; LOCATION: Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(f)(1)(B) and THSC, §341.0315(c), by exceeding the acute MCL (AMCL) for fecal coliform; 30 TAC §290.109(g)(2) and §290.122(a)(2)(B), by failing to notify the commission within 24 hours of incurring an AMCL for fecal coliform and by failing to provide public notice for exceeding the AMCL for fecal coliform; and 30 TAC §290.122(a)(2)(B), by failing to issue a boil water notice; PENALTY: $2,571; Supplemental Environmental Project (SEP) offset amount of $2,571 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Star Fuels, Inc. dba Wallisville Texaco; DOCKET NUMBER: 2008-0088-PST-E; IDENTIFIER: RN102037363; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.221, by failing to have Stage 1 vapor recovery equipment; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: Texas H2O, Inc.; DOCKET NUMBER: 2007-1454-PWS-E; IDENTIFIER: RN105197180; LOCATION: Granbury, Hood County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.39(h), by failing to receive written approval of plans and specifications prior to any construction of the public water system and make it available at the time of the investigation; 30 TAC §290.41(c)(3)(B), by failing to extend casing a minimum of 18 inches above the elevation of the finished floor of the pump room or natural ground surface; 30 TAC §290.41(c)(3)(J), by failing to provide the well with a concrete sealing block; 30 TAC §290.46(q)(1), by failing to issue a boil water notification to customers; 30 TAC §290.45(b)(1)(C)(iv) and (d)(2)(A)(ii) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; 30 TAC §290.44(h)(1)(A), by failing to install backflow prevention assemblies or an air gap at all connection points; and 30 TAC §290.46(r), by failing to provide a minimum pressure of 35 pounds per square inch throughout the distribution system; PENALTY: $2,730; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200800698

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 5, 2008

Enforcement Orders

An agreed order was entered regarding Webb County, Docket No. 2003-0051-MLM-E on January 30, 2008 assessing $37,260 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, Staff Attorney, at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Waco, Docket No. 2004-0191-MSW-E on January 30, 2008 assessing $18,750 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.

A default order was entered regarding Mid-West Feed Yards, Inc., Docket No. 2004-1637-AGR-E on January 30, 2008 assessing $24,675 in administrative penalties.

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

An agreed order was entered regarding Momentum Investment, Inc. dba Angels Gas & Grocery, Docket No. 2004-1701-PST-E on January 30, 2008 assessing $15,950 in administrative penalties.

An agreed order was entered regarding City of Lorena, Docket No. 2005-0492-MWD-E on January 30, 2008 assessing $10,800 in administrative penalties with $2,160 deferred.

Information concerning any aspect of this order may be obtained by contacting Mike 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 City of Collinsville, Docket No. 2005-0502-MWD-E on January 30, 2008 assessing $3,820 in administrative penalties with $764 deferred.

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

An agreed order was entered regarding Kuang Phou dba Ken's Minit Market 3, Docket No. 2005-1053-PST-E on January 30, 2008 assessing $3,500 in administrative penalties.

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

An agreed order was entered regarding Adolfo Tapia, Docket No. 2005-1654-AGR-E on January 30, 2008 assessing $13,104 in administrative penalties.

An agreed order was entered regarding Dorothy L. Kranz dba Seven Bluff Cabins, Docket No. 2005-1798-PWS-E on January 30, 2008 assessing $2,925 in administrative penalties.

A default order was entered regarding Mario Ramos and Olga Ramos, Docket No. 2006-0377-OSS-E on January 30, 2008 assessing $688 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney, at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Paul Mullin dba Paul Mullin's Septic Tank Service, Docket No. 2006-0685-SLG-E on January 30, 2008 assessing $7,000 in administrative penalties with $5,800 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator, at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kelvin Ho aka Toan A. Ho dba Crystals Cleaners & Alterations, Docket No. 2006-0695-DCL-E on January 30, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney, at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Abdulaziz Ibrahim dba Specialty Cleaners, Docket No. 2006-0891-DCL-E on January 30, 2008 assessing $889 in administrative penalties.

An agreed order was entered regarding Aguas Mart, L.L.C. dba A1 Dry Cleaners, Docket No. 2006-0994-DCL-E on January 30, 2008 assessing $1,185 in administrative penalties with $237 deferred.

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

An agreed order was entered regarding Hartley County, Docket No. 2006-0999-MLM-E on January 30, 2008 assessing $14,280 in administrative penalties with $2,856 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator, at (512) 239-0068, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Zul Noorane dba Best Cleaners, Docket No. 2006-1213-DCL-E on January 30, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney, at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Canyon Cleaners, Inc. dba Sienna Cleaners, Docket No. 2006-1389-DCL-E on January 30, 2008 assessing $1,185 in administrative penalties with $237 deferred.

An agreed order was entered regarding Summit Dry Cleaners, Inc. dba Summit Cleaners, Docket No. 2006-1476-DCL-E on January 30, 2008 assessing $1,778 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney, at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jose B. Juarez dba JB Cleaners, Docket No. 2006-1643-DCL-E on January 30, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney, at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ahmad B. Goushey, Docket No. 2006-1958-PST-E on January 30, 2008 assessing $15,000 in administrative penalties with $13,800 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 Zulfiqar Ali dba Fuel Express 4, Docket No. 2007-0043-PST-E on January 30, 2008 assessing $4,340 in administrative penalties with $868 deferred.

An agreed order was entered regarding City of Point, Docket No. 2007-0082-PWS-E on January 30, 2008 assessing $3,202 in administrative penalties.

An agreed order was entered regarding Leeco Properties, Inc., Docket No. 2007-0241-WQ-E on January 30, 2008 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator, at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sam W. McWhorter, Docket No. 2007-0266-PST-E on January 30, 2008 assessing $7,875 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

n agreed order was entered regarding Benbrook, LLC, Docket No. 2007-0371-MWD-E on January 30, 2008 assessing $10,126 in administrative penalties with $6,526 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 Bayer MaterialScience LLC, Docket No. 2007-0400-AIR-E on January 30, 2008 assessing $38,233 in administrative penalties with $7,646 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 Sunoco, Inc. (R&M), Docket No. 2007-0484-AIR-E on January 30, 2008 assessing $8,950 in administrative penalties with $1,790 deferred.

An agreed order was entered regarding City of Mexia, Docket No. 2007-0520-MWD-E on January 30, 2008 assessing $26,688 in administrative penalties with $5,337 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator, at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ernest Hogue, Docket No. 2007-0597-PST-E on January 30, 2008 assessing $8,925 in administrative penalties with $7,725 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator, at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Formosa Plastics Corporation, Texas, Docket No. 2007-0771-AIR-E on January 30, 2008 assessing $20,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator, at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Brookeland Fresh Water Supply District, Docket No. 2007-0772-MWD-E on January 30, 2008 assessing $7,770 in administrative penalties with $1,554 deferred.

An agreed order was entered regarding Charley's Concrete Co., Ltd., Docket No. 2007-0807-IWD-E on January 30, 2008 assessing $6,790 in administrative penalties.

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.

An agreed order was entered regarding K&M Broussard Co., Docket No. 2007-0808-MSW-E on January 30, 2008 assessing $262 in administrative penalties with $52 deferred.

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 Tejas Industries, Ltd., Docket No. 2007-0819-IWD-E on January 30, 2008 assessing $18,315 in administrative penalties with $3,663 deferred.

An agreed order was entered regarding Bobby G. Rowland Homes, Inc. dba Rowland & Donnell Homes, Docket No. 2007-0861-WQ-E on January 30, 2008 assessing $1,625 in administrative penalties with $325 deferred.

An agreed order was entered regarding Transcontinental Gas Pipe Line Corporation, Docket No. 2007-0909-AIR-E on January 30, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

An agreed order was entered regarding City of Gustine, Docket No. 2007-0916-PWS-E on January 30, 2008 assessing $1,165 in administrative penalties with $233 deferred.

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

An agreed order was entered regarding Steven L. Robinson, Docket No. 2007-0958-PST-E on January 30, 2008 assessing $5,250 in administrative penalties with $1,050 deferred.

An agreed order was entered regarding Houston Oaks Golf Management Company, L.P., Docket No. 2007-0990-MWD-E on January 30, 2008 assessing $5,859 in administrative penalties with $1,171 deferred.

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

An agreed order was entered regarding Moscow Water Supply Corporation, Docket No. 2007-1025-MWD-E on January 30, 2008 assessing $18,900 in administrative penalties with $3,780 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 Harbenger Enterprises, Inc., Docket No. 2007-1047-WQ-E on January 30, 2008 assessing $3,000 in administrative penalties with $600 deferred.

An agreed order was entered regarding Bloomington Independent School District, Docket No. 2007-1050-MWD-E on January 30, 2008 assessing $1,240 in administrative penalties with $248 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 Printpack, Inc., Docket No. 2007-1070-IWD-E on January 30, 2008 assessing $3,060 in administrative penalties with $612 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 P Chem, Inc., Docket No. 2007-1083-IWD-E on January 30, 2008 assessing $3,960 in administrative penalties with $792 deferred.

An agreed order was entered regarding Common Development Group 06, LTD., Docket No. 2007-1091-EAQ-E on January 30, 2008 assessing $13,500 in administrative penalties with $2,700 deferred.

An agreed order was entered regarding Flint Hills Resources, LP, Docket No. 2007-1095-AIR-E on January 30, 2008 assessing $20,000 in administrative penalties.

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 Chusei (U.S.A.), Inc. dba Quest Separation Technologies, Inc., Docket No. 2007-1098-IWD-E on January 30, 2008 assessing $7,750 in administrative penalties with $1,550 deferred.

An agreed order was entered regarding Red Ewald, Inc., Docket No. 2007-1099-AIR-E on January 30, 2008 assessing $2,125 in administrative penalties with $425 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 Orange County Water Control and Improvement District No. 1, Docket No. 2007-1101-MWD-E on January 30, 2008 assessing $4,500 in administrative penalties with $900 deferred.

An agreed order was entered regarding Houston Marine Services, Inc., Docket No. 2007-1112-IWD-E on January 30, 2008 assessing $3,960 in administrative penalties with $792 deferred.

An agreed order was entered regarding Occidental Permian Ltd., Docket No. 2007-1116-PWS-E on January 30, 2008 assessing $292 in administrative penalties.

An agreed order was entered regarding Viking Pools, LLC, Docket No. 2007-1130-AIR-E on January 30, 2008 assessing $6,750 in administrative penalties with $1,350 deferred.

Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator, at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Merisol USA LLC, Docket No. 2007-1135-AIR-E on January 30, 2008 assessing $6,681 in administrative penalties with $1,336 deferred.

Information concerning any aspect of this order may be obtained by contacting James Nolan, Enforcement Coordinator, at (512) 239-6634, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Town & Country Food Stores, Inc. dba Town & Country 267, Docket No. 2007-1147-PST-E on January 30, 2008 assessing $7,650 in administrative penalties with $1,530 deferred.

An agreed order was entered regarding Water World Fiberglass Pools (U.S.A.) Inc., Docket No. 2007-1161-AIR-E on January 30, 2008 assessing $2,850 in administrative penalties with $570 deferred.

An agreed order was entered regarding Comtex Dairies, L.L.C. Randi Lockwood Willis dba Comtex Diary, Docket No. 2007-1168-AGR-E on January 30, 2008 assessing $4,290 in administrative penalties with $858 deferred.

An agreed order was entered regarding James W. Clark II, Docket No. 2007-1170-WQ-E on January 30, 2008 assessing $750 in administrative penalties with $150 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom 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 Custom Crushed Stone, Inc., Docket No. 2007-1187-MSW-E on January 30, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

An agreed order was entered regarding Enterprise Products Operating LLC, Docket No. 2007-1190-AIR-E on January 30, 2008 assessing $5,916 in administrative penalties with $1,183 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator, at (361) 825 3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hina Enterprises, Inc. dba OJS Mobil Mart, Docket No. 2007-1193-PST-E on January 30, 2008 assessing $6,100 in administrative penalties with $1,220 deferred.

An agreed order was entered regarding Forestar (USA) Real Estate Group Inc., Docket No. 2007-1199-EAQ-E on January 30, 2008 assessing $1,875 in administrative penalties with $375 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 Optimum Calves, L.L.C. and Roger Gomez dba Optimum Claves, Docket No. 2007-1213-AGR-E on January 30, 2008 assessing $2,440 in administrative penalties with $488 deferred.

An agreed order was entered regarding Bruce's, Inc., Docket No. 2007-1217-AIR-E on January 30, 2008 assessing $2,425 in administrative penalties with $485 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 NRG Texas LP, Docket No. 2007-1237-AIR-E on January 30, 2008 assessing $2,975 in administrative penalties with $595 deferred.

An agreed order was entered regarding Love's Travel Stops & Country Stores, Inc. dba Love's Country Store 214, Docket No. 2007-1255-AIR-E on January 30, 2008 assessing $3,660 in administrative penalties with $732 deferred.

An agreed order was entered regarding Ya Razzak, Inc. dba Fast Trak, Docket No. 2007-1280-AIR-E on January 30, 2008 assessing $1,200 in administrative penalties with $240 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 The Hertz Corporation dba Hertz Car Rental 2183 11, Docket No. 2007-1330-AIR-E on January 30, 2008 assessing $1,100 in administrative penalties with $220 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.

n agreed order was entered regarding David E. Shivers dba Shan D Water Supply, Docket No. 2007-1370-PWS-E on January 30, 2008 assessing $354 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator, at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

n agreed order was entered regarding Fritz Industries, Inc., Docket No. 2007-1389-AIR-E on January 30, 2008 assessing $1,925 in administrative penalties with $385 deferred.

An agreed order was entered regarding Tige Boats, Inc., Docket No. 2007-1406-AIR-E on January 30, 2008 assessing $4,750 in administrative penalties with $950 deferred.

An agreed order was entered regarding Baylor College of Medicine, Docket No. 2007-1432-AIR-E on January 30, 2008 assessing $1,925 in administrative penalties with $385 deferred.

An agreed order was entered regarding LGI HOMES, LTD., Docket No. 2007-1635-MWD-E on January 30, 2008 assessing $850 in administrative penalties with $170 deferred.

TRD-200800719

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 6, 2008

Notice of Comment Period and Announcement of a Public Meeting on a Proposed New Air Quality Standard Permit and Amendments to the Existing Air Quality Standard Permit

The Texas Commission on Environmental Quality (TCEQ) is providing an opportunity for public comment and will conduct a public meeting to receive testimony concerning both a new Air Quality Standard Permit for Permanent Rock and Concrete Crushers and amendments to the Air Quality Standard Permit for Temporary Rock Crushers and Temporary Concrete Crushers proposed for issuance under the Texas Clean Air Act, Texas Health and Safety Code, §382.05195, Standard Permit, and Title 30 Texas Administrative Code (30 TAC) Chapter 116, Subchapter F, Standard Permits.

PROPOSED STANDARD PERMIT AND AMENDMENTS

The proposed standard permit for permanent rock and concrete crushers would be applicable to all rock crushers that process nonmetallic minerals or a combination of nonmetallic minerals at quarries, mines, aggregate handling facilities, concrete recycling sites, etc., on a permanent basis and meet the conditions of the standard permit. The proposed new Air Quality Standard Permit for Permanent Rock and Concrete Crushers would replace the current permit by rule (PBR) for rock crushers available under 30 TAC §106.142, Rock Crushers. This standard permit was developed to update technical requirements, provide clearer, more enforceable conditions, require recordkeeping that facilitates the determination of compliance, and update the authorization for these facilities to include statutory requirements for certain concrete crushers. In a separate commission action, 30 TAC §106.142 will be repealed and will be unavailable for use for new or modified crushing facilities upon issuance of this standard permit. Owners or operators of crushing facilities authorized by the PBR may continue to operate under the PBR unless the crusher is moved or modified.

During development of the Air Quality Standard Permit for Permanent Rock and Concrete Crushers, a review of the existing Air Quality Standard Permit for Temporary Rock Crushers and Temporary Concrete Crushers revealed the need for minor adjustments to this permit. The commission is proposing technical and administrative amendments to improve readability, flexibility, and enforceability of this standard permit. Requirements concerning emission limits, control requirements, and recordkeeping would not change substantively.

The New Source Review Program under 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, requires any person who plans to construct any new facility or to engage in the modification of any existing facility which may emit air contaminants into the air of the state to obtain a permit in accordance with 30 TAC §116.111, General Application, satisfy the de minimis criteria of 30 TAC §116.119, De Minimis Facilities or Sources, or satisfy the conditions of a standard permit, a flexible permit, or a PBR before any actual work is begun on the facility. A standard permit authorizes the construction of new facilities or modification of existing facilities that are similar in terms of operations, processes, and emissions.

The standard permit for permanent rock and concrete crushers is subject to the procedural requirements of 30 TAC §116.603, Public Participation in Issuance of Standard Permits, and the amendments to the standard permit for temporary rock and concrete crushers is subject to the requirements of 30 TAC §116.605, Standard Permit Amendment and Revocation. Both include a 30-day public comment period and a public meeting to provide an additional opportunity for public comment. Any person who may be affected by the emission of air pollutants from facilities that may be authorized under the standard permits is entitled to submit written or verbal comments regarding the proposed standard permits.

PUBLIC MEETING

A public meeting on the proposed new Air Quality Standard Permit for Permanent Rock and Concrete Crushers and the amendments to the Air Quality Standard Permit for Temporary Rock Crushers and Temporary Concrete Crushers will be held in Austin, Texas. The meeting 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. Open discussion with the audience will not occur during the meetings; however, TCEQ staff will be available to discuss the standard permits 30 minutes prior to the meeting and staff will also answer questions after the meeting. The public meeting will be held on March 18, 2008, at 1:30 p.m. at the Texas Commission on Environmental Quality, Building E, Room 254S, 12100 Park 35 Circle, Austin.

PUBLIC COMMENT AND INFORMATION

Copies of the draft Air Quality Standard Permit for Permanent Rock and Concrete Crushers may be obtained from the TCEQ web site at http://www.tceq.state.tx.us/assets/public/permitting/air/NewSourceReview/Mechanical/rc_sp.pdf . Copies of the draft amendments to the Air Quality Standard Permit for Temporary Rock Crushers and Temporary Concrete Crushers may be obtained from the TCEQ web site at http://www.tceq.state.tx.us/assets/public/permitting/air/NewSourceReview/Mechanical/tr_cc_sp.pdf , or by contacting the Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, at (512) 239-1250. Comments may be mailed to Mr. Blake Stewart, Texas Commission on Environmental Quality, Office of Permitting, Remediation, and Registration, Air Permits Division, MC 163, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1070. All comments should reference the appropriate standard permit(s) for rock crushers to which the comments apply. Comments must be received by March 21, 2008. To inquire about the submittal of comments or for further information, contact Mr. Stewart at (512) 239-6931. Si desea información en Español, puede llamar al (800) 687-4040.

Persons who have special communication or other accommodation needs who are planning to attend the public meeting should contact Mr. Stewart at (512) 239-6931. Requests should be made as far in advance as possible.

TRD-200800699

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 5, 2008

Notice of Correction - Public Hearing on Proposed Revisions to 30 TAC Chapter 291

In the February 1, 2008, issue of the Texas Register (33 TexReg 997), the Texas Commission on Environmental Quality (commission) published a notice of public hearing on the proposed revisions to 30 TAC Chapter 291, Utility Regulations. The public hearing date was submitted in error as February 12, 2008. The correct public hearing date is February 26, 2008.

The commission will hold a public hearing on this proposal in Austin on February 26, 2008 at 2:00 p.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact John Gaete, Office of Legal Services, at (512) 239-6091.

Comments may be submitted to John Gaete, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-048-291-PR. The comment period closes March 3, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Tammy Holguin Benter, Water Supply Division, (512) 239-6136.

TRD-200800681

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 4, 2008

Notice of District Petition

Notice issued January 29, 2008

TCEQ Internal Control No. 12042007-D01; SLP 288 and Rodeo Palms, LP, SLP 288 and Rodeo Palms II, LP, SLP 288 and Rodeo Palms III, LP, SLP 288 and Rodeo Palms IV, LP, and, SLP 288 and Rodeo Palms V, LP (Petitioners) filed a petition for creation of Brazoria County Municipal Utility District No. 43 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are holder of title to a majority in value of the land to be included in the proposed District; (2) there are four lien holders, Joe E. Banneyer, South Freeway 100, Ltd., Joan Banneyer, James R. Goodrum and Cynthia J. Goodrum on some of the property to be included in the proposed District; (3) the proposed District will contain approximately an area of 243.79 acres located within Brazoria County, Texas; and (4) the proposed District is within the corporate boundaries of the City of Manvel, Texas, and no portion of land within the proposed District is within the corporate boundaries or extraterritorial jurisdiction of any other city, town, or village in Texas. By Resolution No. 2007-R-01, effective January 8, 2007, the City of Manvel, Texas, gave its consent to the creation of the proposed District. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $20,420,000.

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.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to 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 Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200800718

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 6, 2008

Notice of Issuance of a New Air Quality Standard Permit for Sawmills

The Texas Commission on Environmental Quality (TCEQ or commission) is issuing a new standard permit for sawmills under Texas Health and Safety Code (THSC), Texas Clean Air Act, §382.05195, Standard Permit, and Title 30 Texas Administrative Code (30 TAC) Chapter 116, Subchapter F, Standard Permits. The standard permit for sawmills was effective February 6, 2008.

Copies of the standard permit for sawmills may be obtained from the TCEQ Web site at http:www.tceq.state.tx.us/assets/public/permitting/air/NewSourceReview/Mechanical/sawmill_sp.pdf or by contacting the TCEQ, Office of Permitting, Remediation, and Registration, Air Permits Division, at (512) 239-1250 or Beecher Cameron at (512) 239-1495.

OVERVIEW OF AIR QUALITY STANDARD PERMIT

The new air quality standard permit for sawmills will replace the current permit by rule (PBR) for sawmills available under 30 TAC §106.223, Saw Mills. The usefulness of the PBR as an authorization method is limited by the lack of lumber drying provisions. The standard permit would authorize lumber drying using a variety of methods that have been evaluated for protection of public health. All other activities common to sawmills were also evaluated for their effect on air quality standards and potential for nuisance, resulting in required internal setbacks for equipment and stockpiles from the sawmill property line. The standard permit also contains fire prevention requirements. In a separate commission action, 30 TAC §106.223 will be repealed and will be unavailable for use on issuance of this standard permit.

PUBLIC NOTICE AND COMMENT PERIOD

As required by 30 TAC §116.603, Public Participation in Issuance of Standard Permits, the TCEQ published notice of the proposed standard permit in the Texas Register and newspapers of the largest general circulation in the following metropolitan areas: Austin, Dallas, Houston, and Lufkin. The notice was published on September 14, 2007; and the public comment period ended on October 19, 2007.

PUBLIC MEETING

The TCEQ held public meetings on the proposed standard permit for sawmills on September 10, 2007, and October 17, 2007, in Austin. A representative from the Texas Forestry Association (TFA) attended and discussed the proposal with the commission's staff but did not submit oral testimony.

ANALYSIS OF COMMENTS

During the public comment period that closed on October 19, 2007, the commission received comments from the United States Environmental Protection Agency (EPA) and the TFA.

The EPA noted that the standard permit allows on-site electric power generation for those facilities that cannot connect to the electric power grid and that the permit conditions in paragraph (1)(F)(ii) make it clear that modified sawmills cannot have emission increases in excess of a prevention of significant deterioration (PSD) or nonattainment threshold. It must be clear that a source cannot use the standard permit to avoid major new source review. The EPA commented that all equipment associated with on-site power generation, as regulated under paragraph (2)(L), should be considered in the potential to emit (PTE) determination.

The commission has changed the standard permit in response to this comment to emphasize that the standard permit cannot be used to authorize sources requiring PSD or nonattainment review or to avoid these reviews. The restriction in paragraph (1)(F)(ii) of the standard permit that prevents the use of the standard permit for the authorization of major sources applies to existing, modified, and new facilities.

The production limit in the standard permit of 25 million board-feet of lumber, restriction on operating hours, and control requirements establish limits on PTE and ensure that no federal New Source Review is triggered. The commission also considered on-site power generation when setting the production limits and operating hours of this standard permit. The commission's research indicates that the large majority of sawmills get their electric power from the grid and on-site power generation is the exception. Should a facility authorized under this standard permit require on-site power generation in excess of 10% of their operating hours, the power generation will require additional authorization through another standard permit or case-by-case minor New Source Review permit. The commission agrees with the EPA's comment on potential to emit and has changed paragraph (2)(L) of the standard permit to clarify that the use of on-site power generation must be included when determining federal program applicability.

The EPA commented that the commission must demonstrate that the initial issuance, and any subsequent revisions, of the standard permit will not interfere with attainment and maintenance of any ambient air quality standard and that the standard permit fails to identify pollutants authorized under the permit. The demonstration should include modeling assumptions and the number of affected facilities and their geographic concentration. The EPA commented that the commission should demonstrate how the production limit of 25 million board-feet of lumber ensures that an authorized facility will remain a minor source and that the permit should contain annual emission limits. The EPA also commented that the permit should contain hourly limits to prevent short term emission peaks.

The commission has changed the standard permit in response to this comment and has included a list of those pollutants authorized by this standard permit. The commission used the following modeling assumptions: (1) sawmill production equipment emissions, scrap loading source emissions, other equipment emissions at the site, and the direct heating method for wood drying were modeled as an area source and were evaluated for simultaneous emissions; (2) the indirect heating scenario assumed the heater source would be vented through a stack; and (3) all facilities were modeled assuming daytime (one hour prior to sunrise to one hour after sunset) only operations except for a wood dryer facility using fuel other than wood or bark, which may operate 24 hours per day. The predicted effects were compared to the national ambient air quality standard (NAAQS) for particulate matter 10 microns or less in diameter (PM₁₀), sulfur dioxide (SO₂), nitrogen oxides (NO_x), carbon dioxide (CO), the state property line standard for SO₂, and the TCEQ effects screening levels (ESL) for hardwood dust, softwood dust, and alpha-pinene up to the allowed production limit of 25 million board-feet per year. The results showed no interference with any NAAQS and demonstrated that adhering to the conditions of the standard permit protected human health without the need for annual or hourly limits. Additional modeling details can be found in the PROTECTIVENESS REVIEW section of this technical summary.

The analysis performed by the commission demonstrates that all sawmills authorized by this standard permit will not have emissions requiring federal New Source Review when considering all emission points involved in production, scrap loading, drying, and electric power generation if the production limit is observed. The standard permit contains recordkeeping requirements to verify production rates.

To remain consistent with commission procedures and state law, any subsequent revisions of the standard permit will go through the same evaluations to ensure protection of the NAAQS and local health effects. Sawmills operate primarily in the wooded areas of East Texas and are spread from the northeastern to southeastern regions. The modeling performed was conservative as it can apply to any geographical location in Texas. The commission estimates this standard permit will apply to 90 - 110 sites.

The EPA commented that the commission should discuss all factors considered in the modeling exercise that resulted in property line setback distances based on sawmill production rates. The EPA commented that the standard permit eliminates the setback requirements of the PBR applicable to sawmills. The EPA requested an explanation of how the new internal setback requirements are protective of human health.

The commission has not changed the standard permit in response to this comment. The commission's modeling demonstrated that there was no setback required for production equipment to protect human health except for the scrap loading point. The scrap loading point is generally at a higher elevation, using either a conveyer system or a front-end loader raising sawdust into the bed of a dump truck. With either method, the increased elevation causes sawdust particles to remain airborne longer with greater concentrations; and subsequently, additional setback distance may be required of the scrap loading point beyond the 150-foot minimum. To further reduce the chance for nuisance, the standard permit contains a minimum setback of sawmill production equipment and stockpiles from the site property line of 150 feet as an additional restriction.

The EPA commented that the standard permit does not explain the commission's enforcement authority for violations of the permit. The EPA recommended that the commission include a provision explaining that any noncompliance with the permit is a violation of the state implementation plan (SIP) and state law and is grounds for permit suspension or revocation. The EPA also commented that the permit should contain reporting requirements for violations.

The commission has not changed the standard permit in response to this comment. The commission's authority for the use of permits for similar sources and the prohibition against unauthorized emissions exists in THSC, §382.05195, Standard Permit, and §382.085, Unauthorized Emissions Prohibited, respectively. Under THSC, §382.0513, Permit Conditions, the commission may establish and enforce permit conditions. It is not necessary that this authority be repeated in individual permits. Sawmill operators authorized under this standard permit are subject to all the rules of the commission and must report noncompliance with the standard permit under 30 TAC Chapter 101, Subchapter F, Emissions Events and Scheduled Maintenance, Startup, and Shutdown Activities.

The EPA requested that the commission identify the provisions of the standard permit that will meet 40 Code of Federal Regulations (CFR) §51.160(a) and the SIP approved sections of 30 TAC Chapter 116, Control of Air Pollution by Permits for New Construction or Modification, to allow for an exemption from registration. The EPA commented that the proposed standard permit appears to eliminate the need for preconstruction approval.

The commission has not changed the standard permit in response to this comment. The standard permit contains limits on lumber production, restrictions on operating hours, and control requirements for production equipment and dryers. The commission modeled sawmill operations based on these restrictions and determined that these enforceable provisions of the standard permit protected the NAAQS and human health. This standard permit will serve as preconstruction authorization for new construction and modification. The commission will ensure that sawmill operators meet the conditions of this standard permit through its inspections.

The EPA commented that the standard permit appears to exempt sources from complying with emission standards in 30 TAC §116.610(2). The EPA also commented that the exemptions seem to apply to the prevention of circumvention and compliance with federal standards for hazardous air pollutants (HAPs) and Maximum Achievable Control Technology (MACT). The EPA requested that the permit be revised to include all of the provisions of Chapter 116, Subchapter F, or include an explanation of how the proposed condition meets SIP requirements concerning interference with ambient air quality standard attainment.

The commission has not changed the standard permit in response to this comment. The exemption does not apply to 30 TAC §116.610(a)(2) - (6), which are the paragraphs concerning the applicability of federal standards. In paragraph (1)(D) of the standard permit, the commission does exempt sawmill operators from the provisions of 30 TAC §116.610(a)(1). The emission limits of this paragraph are not needed due to the operational limits contained in this standard permit. The standard permit contains a production limit that meets the NAAQS and is protective of human health.

The EPA commented that the standard permit eliminates the need for a certification that the PTE for an authorized facility is below major source thresholds to avoid applicability of the Federal Operating Permits Program. The EPA commented that the standard permit should contain additional language ensuring that the site's PTE does not exceed major source thresholds.

The commission has changed paragraph (1)(D) of the standard permit in response to this comment. The commission has exempted sawmill operators from the registration requirements in 30 TAC §116.611(a) and (b), but will retain the requirement in (c) for the certification of emission rates below Federal Operating Permits Program thresholds, if needed.

The commission's evaluation demonstrated that particulate was the pollutant emitted at the greatest rate; and at the maximum authorized production rate of 25 million board-feet per year, a sawmill would emit approximately 40 tons per year. This is below major source thresholds. Other pollutants, including SO₂< , NO_x, CO, and volatile organic compounds (VOC), were also evaluated and were below major source thresholds as well.

The EPA commented that the opacity limit in paragraph (2)(J) of the standard permit should specify a representative monitoring frequency. The EPA requested confirmation that the 20% limit will accurately reflect compliance with standards.

The commission has not changed the standard permit in response to this comment. Because of the low level of emissions expected of these sites and the predominance of natural gas-fired dryers, the commission determined that it would not require periodic checks of opacity limits from the sawmill operators who would otherwise be required to keep a certified observer on the site. The commission will rely on its periodic inspections to enforce opacity limits and control nuisances. The inspectors will use EPA Test Method 9 to determine compliance with the opacity standard.

The EPA commented that the permit should contain recordkeeping requirements for fuel types and particulate emissions for boilers and drying ovens and that all records required by the standard permit be retained for five years.

The commission agrees with the EPA and has added additional recordkeeping requirements for fuel in response to this comment. Paragraph (2)(K)(iii) of the standard permit establishes design requirements to address particulate concentration. The commission has not changed the two-year retention period for records. This period is consistent with minor New Source Review recordkeeping requirements and is sufficient for the commission to effectively enforce its standard permits.

The EPA commented that the standard permit should provide for the commission to deny its use and require a case-by-case determination as needed.

The commission has not changed the standard permit in response to this comment. Limits on the use of this standard permit are stated in section (1). Sawmill operators who cannot meet these restrictions are ineligible for the permit and must seek case-by-case permitting. If an inspection reveals violations of the standard permit conditions, the commission will pursue enforcement, which could include voidance of the standard permit claim and the requirement to apply for a case-by-case permit.

The EPA commented that the commission should review federal rules concerning regulation of particulate matter less than 2.5 microns in diameter (PM_2.5) to ensure that the standard permit is consistent with those rules.

Consistent with EPA policy, the commission is using PM₁₀ standards as a surrogate for PM_2.5 . The commission has reviewed the policy document Implementation of New Source Review Requirements in PM_2.5 Nonattainment Areas dated April 5, 2005, and is satisfied the standard permit meets federal requirements.

The TFA requested flexibility in the operating hours in paragraph (2)(A) of the standard permit to allow larger sawmills to operate during hours of less expensive, off-peak electricity demand.

The commission has not changed the permit in response to this comment. The off-peak electricity demand hours are late night and early morning hours. The off-peak operating hours would increase the possibility of nuisance. The commission could not demonstrate the protectiveness of the standard permit during these hours and consequently established operating hours. Sawmill operators unable to comply with this requirement may seek case-by-case permitting, which allows consideration of different operating hours for individual sawmills.

The TFA requested an explanation of the sharp increase in the required setback for the scrap loading point beginning at production rates greater than 12 million board-feet. The increased setback greatly increases the required property for mills at or above this production level.

The commission has not changed the permit in response to this comment. The setback distances are based on the predicted concentrations associated with the sawmill emissions. The maximum predicted concentration occurs at a distance of 375 feet for emissions above 12 million board-feet per year. As the production rates increase, the concentrations remain above the ESL for hardwood particulate until there is sufficient dispersion throughout the greater volume resulting from increased distance from the emission point.

The TFA suggested that the commission add the production of wood chips to the list of authorized activities under the standard permit. The TFA also suggested the deletion of the words "or the manufacture of wood products" from paragraph (1)(B) because wood chips are sold as a wood product.

The commission agrees that the production of wood chips can be authorized under the existing restrictions of this standard permit and has changed the language in paragraph (1)(B) to allow the production of wood chips but prohibit the manufacture of other wood products.

The TFA requested that the 150-foot setback in paragraph (2)(D) of the standard permit apply only to sawdust piles and not piles of chips, bark, and scrap lumber, which are not easily dispersed by airflow.

The commission has not changed the standard permit in response to this comment. The setback distance is based on field observations and is intended to provide a buffer for particulate matter originating from piles of raw or scrap material and to reduce the chances for nuisances.

The TFA suggested that the PBR applicable to sawmills be retained as an alternate authorization method for some mills.

The commission has demonstrated that the standard permit is protective of human health and authorizes a greater range of sawmill activity. The commission may not be able to make this demonstration for all applications of the PBR, and the PBR did not address all sawmill operations. Based on these factors, it is no longer appropriate to keep it as an authorization method. Sawmills that were authorized under the PBR may retain that authorization provided they have not been modified and all operations have been authorized.

TRD-200800700

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 5, 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 March 17, 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 March 17, 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: City of Harlingen; DOCKET NUMBER: 2006-1974-MLM-E; TCEQ ID NUMBER: RN102327509; LOCATION: 1.25 miles east of State Highway 448 on Farm-to-Market (FM) Road 106, Harlingen, Cameron County, Texas; TYPE OF FACILITY: closed municipal solid waste (MSW) landfill; RULES VIOLATED: 30 TAC §330.15(c), by failing to dispose of MSW at an authorized site; 30 TAC §330.125(a), by failing to maintain a copy of the post-closure maintenance plan at the MSW site, or an alternate location approved by the executive director; 30 TAC §330.463(a)(1), by failing to correct, as needed, lack of vegetative growth; 30 TAC §330.131 and MSW Permit Number 169, Provision E.1. Site Development and Operation, by failing to control access to a MSW site by means of artificial barriers, natural barriers, or a combination of both, appropriate to protect human health and safety and the environment; 30 TAC §330.465(b), by failing to submit to the executive director a request for revocation of a site operational permit upon completion of the post-closure care period for the final unit at the site; 30 TAC §37.8021 and §330.507(b), by failing to demonstrate acceptable financial assurance for the costs of the post-closure care of the MSW landfill; and 30 TAC §101.4 and §111.201 and Texas Health and Safety Code (THSC), §382.085(a) and (b), by failing to comply with the general prohibition of outdoor burning in Texas by conducting the unauthorized burning of MSW and by failing to control the discharge of an air contaminant in such concentration and duration as to adversely affect human health or welfare, animal life, vegetation, or property or as to interfere with the normal use and enjoyment of animal life, vegetation, or property; PENALTY: $22,560; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(2) COMPANY: City of Wolfe City; DOCKET NUMBER: 2004-0072-MLM-E; TCEQ ID NUMBERS: RN101387579, RN102896255, and RN103016705; LOCATIONS: adjacent to Oyster Creek, approximately 0.5 mile south of City of Wolfe City and 0.3 mile east of State Highway 34; approximately 0.75 mile east of City of Wolfe City on FM Road 1563, south of Western City Reservoir, and east of City of Wolfe City; and approximately 0.5 mile east of State Highway 11 and County Road 1563, Hunt County, Texas; TYPE OF FACILITIES: wastewater treatment facility, surface water treatment plant, and sludge site; RULES VIOLATED: 30 TAC §290.46(e)(6)(A), by failing to operate the plant under the direct supervision of a licensed water works operator who holds a class B or higher surface water license; 30 TAC §290.46(e)(6)(C), by failing to have at least one class C or higher surface water operator on duty at the plant when it is in operation or equip the plant with continuous turbidity and disinfectant residual monitors with automatic plant shutdown and alarms to summon operators so as to ensure that the water produced continues to meet the commission's drinking water standards during periods when the plant is not staffed; 30 TAC §290.121(b)(1), by failing to provide a copy of a monitoring plan that includes information on the location of all sampling points in the distribution system; 30 TAC §290.46(n)(2), by failing to maintain an up-to-date map of the distribution system so that all valves and mains may be easily located during emergencies; 30 TAC §290.46(n)(1), by failing to maintain up-to-date engineering plans for the plant; 30 TAC §290.42(1), by failing to maintain an adequate up-to-date operations and maintenance manual; 30 TAC §290.46(f)(3)(A)(iii), by failing to maintain records of complaints; 30 TAC §290.46(f)(3), by failing to complete the surface water monthly operating reports in accordance with the current concentration time study dated August 8, 1994; 30 TAC §290.42(j), by failing to ensure all chemicals and any replacement or additional process media used in the treatment of water supplied by public water systems conforms to American National Standards Institute/National Sanitation Foundation standard 60 for direct additives; 30 TAC §290.44(h), by failing to ensure that connections meeting the definition of high health hazards pursuant to 30 TAC §290.38(22) have properly installed backflow prevention devices, unless an adequate cross-connection control program exists; 30 TAC §290.46(j), by failing to conduct customer service inspections prior to providing continuous water service to new construction; 30 TAC §290.46(s)(1), by failing to calibrate the raw, backwash, and finished water meters at least annually; 30 TAC §290.46(s)(2)(B)(iv), by failing to calibrate the on-line turbimeters at least once per week; 30 TAC §290.46(s)(2)(C)(ii), by failing to calibrate the continuous disinfectant residual analyzers once every 90 days using chlorine solutions of known concentrations; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.41(e)(2)(C), by failing to establish 200-foot radius restricted zones prohibiting all recreational activities and trespassing in the area about the surface water intake structures on the East Lake and West Lake; 30 TAC §290.110(b)(1), by failing to meet acceptable treatment technique requirements for disinfectant concentrations; 30 TAC §290.42(f)(2)(D), by failing to ensure that the chemical feeder is designed to minimize the possibility of leaks and spills; 30 TAC §290.42(f)(2)(A), by failing to provide a chemical feeder in reserve or a standby unit for chlorine, caustic, and polymer; 30 TAC §290.42(d)(13), by failing to identify the influent, effluent, waste backwash, and chemical feed lines by the use of labels or various colors of paint; 30 TAC §290.42(d)(11)(D)(i), by failing to equip each filter with a manually adjustable rate-of-flow controller with rate-of-flow indication or flow control valves with indicators; 30 TAC §290.42(d)(11)(E)(i), by failing to provide each filter with an operational sample tap so that the effluent turbidity of the filer can be individually monitored; 30 TAC §290.42(e)(3)(D), by failing to provide facilities for determining the amount of disinfectant used daily as well as the disinfectant remaining for use; 30 TAC §290.46(m), by failing to initiate a maintenance program to maintain the general appearance of the plant's facilities and equipment; 30 TAC §290.45(b)(2)(C), by failing to provide a minimum transfer pump capacity of 0.6 gallons per minute per connection with the largest pump out of service; 30 TAC §290.45(b)(2)(A), by failing to provide a raw water pumping capacity of 0.6 gallons per minute per connection with the largest pump out of service; 30 TAC §290.41(e)(5), by failing to secure the East Lake raw water pump station within a locked building; 30 TAC §290.41(c)(3)(N), by failing to provide an operational flow meter to measure production yields and provide for the accumulation of water production data on the emergency well pump discharge line; 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by exceeding the running annual average of 0.080 milligram per liter during the second-fourth quarters of 2004 and the first-third quarters of 2005; 30 TAC §305.125(1) and (5), Texas Water Code (TWC), §26.121, and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10383-001, Permit Condition Number 2.g., by failing to prevent a discharge or disposal of wastewater into or adjacent to waters in the state at any locations not permitted as an outfall; 30 TAC §305.125(9)(B) and TPDES Permit Number 10383-001, Monitoring and Reporting Requirement Number 7.a., by failing to provide verbal notification to the executive director for an unauthorized discharge within 24 hours of the discharge; 30 TAC §317.7(e), by failing to properly secure the facility; 30 TAC §317.3(a), by failing to properly secure the Spencer lift station; 30 TAC §30.331(b) and §30.350(c) and TPDES Permit Number 10383-001, Operational Requirement Number 9, by failing to employ a licensed operator to operate the facility; 30 TAC §317.4(a)(8), by failing to provide a backflow prevention device; 30 TAC §305.125(1) and (11)(B) and TPDES Permit Number 10383-001, Monitoring and Reporting Requirement Number 3.b., by failing to maintain monitoring records required by the permit; 30 TAC §305.125(1), TWC, §26.121, and TPDES Permit Number 10383-001, Final Effluent Limitations and Monitoring Requirements Numbers 3 and 6, by failing to maintain compliance with the permitted effluent limits listed; 30 TAC §305.125(5) and TPDES Permit Number 10383-001, Operational Requirement Number 1, by failing to properly maintain the facility; 30 TAC §305.125(1) and TPDES Permit Number 10383-002, Effluent Limitations and Monitoring Requirements Number 1 and 2, by failing to conduct required monitoring of effluent discharged from Outfall 001; 30 TAC §305.125(11)(B) and TPDES Permit Number 10383-002, Monitoring and Reporting Requirement Number 1, by failing to submit a monthly effluent report each month by the 20th day of the following month for the discharge described by the permit whether or not a discharge is made for that month; TWC, §26.121(a)(1) and TCEQ Sludge Registration Number 730055, Standard Provision Number V.D.2., by failing to prevent an unauthorized discharge of water treatment plant sludge; and 30 TAC §312.123 and TCEQ Sludge Registration Number 730055, Standard Provision Number V.C., by failing to submit an annual report for the period of August 1, 2001 - July 31, 2002 that includes the registration number of the disposal facility and the amount of sludge that has been disposed of on the site; PENALTY: $70,361; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Haider A., Inc. dba Stop In Food Mart; DOCKET NUMBER: 2006-1928-PST-E; TCEQ ID NUMBER: RN102867678; LOCATION: 8500 Old Galveston Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and (c)(4) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly and by failing to inspect and test the cathodic protection system for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.50(a)(1)(A), (b)(2), and (b)(2)(A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to have a release detection method capable of detecting a release from any portion of the underground storage tank (UST) system which contained regulated substances, by failing to provide proper release detection for the pressurized piping associated with the USTs, and by failing to test the line leak detectors at least once per year for performance and operational reliability; PENALTY: $4,500; STAFF ATTORNEY: Patrick Jackson, Litigation Division MC 175 (512) 239-6501; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: Jaime Garcia; DOCKET NUMBER: 2006-0077-MSW-E; TCEQ ID NUMBER: RN104799101; LOCATIONS: the intersection of Highway 281 and County Road 285, Falfurrias, Brooks County and 3/4 mile west of County Road 206, on County Road 410, Jim Wells County, Texas; TYPE OF FACILITIES: vacant building that was demolished and an unauthorized site; RULES VIOLATED: 30 TAC §330.15(c), by causing, suffering, allowing, or permitting the dumping or disposal of MSW, including demolition debris, at an unauthorized facility; PENALTY: $3,000; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(5) COMPANY: John Cushman dba Sun Cleaners; DOCKET NUMBER: 2006-1227-DCL-E; TCEQ ID NUMBER: RN104992102; LOCATION: 1888 Barker Cypress Road, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaner drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102(a), by failing to complete and submit the required registration form to the commission prior to operating a dry cleaning drop station; PENALTY: $945; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(6) COMPANY: Mannesmann DMV Stainless USA, Inc. fka DMV Stainless USA, Inc.; DOCKET NUMBER: 2006-1577-AIR-E; TCEQ ID NUMBER: RN100210962; LOCATION: 12050 West Little York Road, Houston, Harris County, Texas; TYPE OF FACILITY: stainless tubing and piping production plant; RULES VIOLATED: 30 TAC §122.146(3), THSC, §382.085(b), and Federal Operating Permit Number O-01340, General Terms and Conditions, by failing to submit a complete annual compliance certification for Federal Operating Permit Number O-01340 in a timely manner; PENALTY: $3,225; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(7) COMPANY: MZEE, Inc. dba Key Truck Stop; DOCKET NUMBER: 2004-0285-PST-E; TCEQ ID NUMBER: RN101249498; LOCATION: 17124 Interstate Highway 10 East, Channelview, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(3) and (3)(H) and §115.245(2) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper condition; and 30 TAC §334.50(b)(2)(A)(i), (b)(1)(A), and (d)(1)(B)(ii) and TWC, §26.3475(a), by failing to properly record inventory volume measurements of regulated substance inputs, withdrawals, and the amount remaining in the tank each operational day and by failing to conduct proper reconciliation of detailed inventory control records on a monthly basis; PENALTY: $5,775; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200800689

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 5, 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 March 17, 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 March 17, 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: Aguado Stone Incorporated; DOCKET NUMBER: 2006-2258-MLM-E; TCEQ ID NUMBER: RN105086110; LOCATION: 3601 County Road 239, Georgetown, Williamson County, Texas; TYPE OF FACILITY: limestone quarry consisting of approximately 200.87 acres; RULES VIOLATED: 30 TAC §213.4(a)(1), by failing to submit an Edwards Aquifer Protection Plan for commission approval prior to conducting regulated activities on the Edwards Aquifer Recharge Zone; 30 TAC §327.5(a), by failing to immediately abate and contain a spill or discharge; 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with stone quarry activities at the facility; 30 TAC §334.127(a), by failing to register aboveground storage tanks with the agency on authorized agency forms; 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 at the facility; and 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized facility; PENALTY: $95,000; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(2) COMPANY: Anna Jeffcoat dba Lakeshore Sites Water Company; DOCKET NUMBER: 2007-1565-PWS-E; TCEQ ID NUMBER: RN101207108; LOCATION: 792 Jeffcoat Road, Haskell, Haskell County, Texas; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §290.42(d)(11)(B)(vi) and THSC, §341.0315(c), by failing to provide a minimum treatment plant capacity of 0.6 gallons per minute per connection, with the largest pump out of service; 30 TAC §290.41(e)(2)(C), by failing to post a sign in plain view at the raw water intake location that notifies the public of the 200 foot restricted zone and the activities prohibited within the zone; 30 TAC §290.46(t), by failing to post a legible sign at the terminal reservoir location that includes the name of the water supply and an emergency phone number where a responsible official can be contacted; 30 TAC §290.111(c)(1)(B), by failing to monitor the turbidity of the combined filter effluent and record the turbidity value every 15 minutes; 30 TAC §290.46(s)(2)(B)(iv), by failing to conduct a calibration check on the on-line turbidimeters at least once per week; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan for the water system; 30 TAC §290.42(d)(15)(C)(vi), by failing to provide the jar testing equipment that is necessary for determining the optimum coagulant dose; 30 TAC §290.42(d)(13), by failing to identify the influent, effluent, waste backwash, and chemical feed lines throughout the surface water treatment facility by using labels or various colors of paint; 30 TAC §290.42(d)(2)(E), by failing to provide an air gap connection on the filter-to-waste line at the surface water treatment facility; 30 TAC §290.43(c)(2), (c)(4), and (c)(6), by failing to design, construct, and maintain the clearwell in accordance with the American Water Works Association standards; 30 TAC §290.42(k)(2), by failing to maintain a risk management plan for the water system that conforms to the United States Environmental Protection Agency requirements; 30 TAC §290.46(e)(6)(A), by failing to employ an operator who holds a minimum of a Class C surface water license when the system employs only a part-time operator with a Class B surface water license; and 30 TAC §290.46(f)(3)(B)(v), by failing to maintain complete calibration records for the laboratory equipment, flow meters, rate of flow controllers, on-line turbidimeters, and on-line disinfectant residual analyzers; PENALTY: $2,554; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: Barbara Miller dba Turner Water Service; DOCKET NUMBER: 2007-1107-PWS-E; TCEQ ID NUMBER: RN101243129; LOCATION: 531 Marilyn Street, Fresno, Fort Bend County, Texas; TYPE OF FACILITY: PWS; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(ii) and THSC, §341.033(d), by failing to collect and submit routine monthly water samples for bacteriological analysis for any month of the years 2005 - 2006, nor the months of January - April of the year 2007; 30 TAC §290.122(c)(2)(A), by failing to provide public notice of failure to collect and submit samples for any month of the years 2005-2006, nor the months of January - April of the year 2007; and 30 TAC §290.51 and Texas Water Code, §5.702, by failing to pay water system fees and all associated late fees for TCEQ Financial Administrative Account Number 0090790190 for Fiscal Years 1994-2007; PENALTY: $29,750; STAFF ATTORNEY: Patrick Jackson, Litigation Division MC 175 (512) 239-6501; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: Denton Center Cleaner, Inc. dba South Side Cleaners; DOCKET NUMBER: 2006-1854-DCL-E; TCEQ ID NUMBER: RN103200424; LOCATION: 1409 South Lamar Street, Suite 1005, Dallas, Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary E. Coleman, Litigation Division MC R-4, (817) 588-5917; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

5) COMPANY: Mubeen Enterprise, Inc. dba Spotless Cleaners; DOCKET NUMBER: 2006-1251-DCL-E; TCEQ ID NUMBER: RN104996459; LOCATION: 1550 Kenforest Drive, Missouri City, Fort Bend County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102(a), by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

6) COMPANY: Naseer Ahmad dba Super Stop 3; DOCKET NUMBER: 2007-0094-PST-E; TCEQ ID NUMBER: RN101444081; LOCATION: 2745 Evangeline Drive, Vidor, Orange County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain all underground storage tank records and make them immediately available for inspection to commission personnel upon request; 30 TAC §334.7(d)(3), by failing to provide written notice of any change or additional information to the commission within 30 days from the date of the occurrence of the change or addition, or within 30 days of the date on which the owner or operator first becomes aware of the change or addition; and 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 including the absence or disconnection of any component that is a part of the approved system; PENALTY: $4,110; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Tuan Ngoc Nguyen dba Memorial Cleaners; DOCKET NUMBER: 2006-1271-DCL-E; TCEQ ID NUMBER: RN102897246; LOCATION: 13610 Memorial Drive, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200800690

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 5, 2008

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 106

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 106, Permits by Rule, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would repeal the permits by rule (PBRs) for rock crushers, asphalt concrete plants and sawmills. The asphalt concrete plant PBR has not been available for use since 2003, and the sawmill PBR is being replaced with a standard permit.

The commission will hold a public hearing on this proposal in Austin on March 18, 2008 at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office of Legal Services, at (512) 239-0177.

Comments may be submitted to Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-011-106-PR. The comment period closes March 21, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Blake Stewart, Air Permits Division, at (512) 239-6931.

TRD-200800610

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 1, 2008

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 335

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed repeals and additions to 30 TAC Chapter 335, Industrial Solid Waste And Municipal Hazardous Waste.

he proposed rulemaking would change the subchapter name; add and expand exclusions; allow the executive director to waive requirements for disasters or emergencies; update requirements for notifications to the commission on collections; remove the requirement to submit operation plans to the commission and require that the plans be followed during collections and used for training; specify who is responsible for meeting certain requirements; update provisions for proper transportation and disposal of wastes; require recordkeeping for three years and reports on the amounts of wastes collected; provide provisions for the use of mobile collection units, and revise provisions for point of generation pick-up services; note other federal and state regulations that may apply to collections; clarify and augment training requirements for specific collection duties; restrict shipment of Household Hazardous Waste (HHW) to facilities that are authorized to accept it, and remove requirements on how those facilities handle the waste; and clarifying that HHW offered for reuse remains HHW if it is disposed rather than accepted for reuse.

A public hearing on this proposal will be held in Austin, Texas, on March 11, 2008, at 10:00 a.m., in Building F, Room 2210, at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments. Registration begins 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A time limit may be established to assure enough time is allowed for every interested person to speak. There will be no open discussion during the hearing; however, commission staff members will be available for discussion 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons planning to attend the hearing, who have special communication or other accommodation needs, should contact John Gaete, Office of Legal Services, at (512) 239-6091. Requests should be made as far in advance as possible.

Comments may be submitted to John Gaete, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-005-335-AD. The comment period closes March 16, 2008. To view rules, please visit http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information or questions concerning this proposal, please contact Joseph Thomas, Small Business and Environmental Assistance Division, at (512) 239-0012.

TRD-200800622

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 1, 2008

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 337

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 337, Dry Cleaner Environmental Response, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement House Bill 3220, 80th Legislature, 2007, Regular Session. The proposed rulemaking would establish new registration requirements for owners and preceding owners of real property on which a dry cleaning facility or drop station is or was located, who wish to obtain eligibility for Dry Cleaning Facility Release Fund benefits; would establish procedures for an owner of a non-participating drop station to move the business to another location and retain the drop station's non-participating status; and would provide that, following the completion of corrective action at a site under 30 TAC Chapter 337, a written notice will be filed in the real property records of the county or counties in which the site is located to notify future property owners that, pursuant to Texas Health and Safety Code, §374.1535, perchloroethylene may not be used at that site. In addition, certain rule amendments are being proposed to facilitate more efficient administration and enforcement of Texas Health and Safety Code, Chapter 374.

The commission will hold a public hearing on this proposal in Austin on March 11, 2008, at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact John Gaete, Office of Legal Services, at (512) 239-6091.

Comments may be submitted to John Gaete, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-035-337-PR. The comment period closes March 17, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Don Kennedy, Registration and Reporting Unit, at (512) 239-2154.

TRD-200800619

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 1, 2008

Notice of Water Quality Applications

The following notices were issued during the period of January 23, 2008 through January 30, 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 EMORY has applied for a renewal of TPDES Permit No. WQ0010082001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located on the west side of Willow Springs Road, approximately 0.5 mile south of the intersection of U.S Highway 69 and State Highway 19 in Rains County, Texas.

GARRETT CREEK RANCH INC has applied for a renewal of TPDES Permit No. WQ0013427001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,020 gallons per day. The facility is located approximately 1.5 miles east of Farm Road 2123 and 3.5 miles southwest of the City of Paradise in Wise County, Texas.

HOCKLEY RAIL CAR INC has applied for a renewal of TPDES Permit No. WQ0013472001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 6,000 gallons per day. The facility is located at 17000 Premium Drive, immediately north of Betke Road between Premium Drive and Kermie Road, west of the City of Hockley in Harris County, Texas.

JIMMY GAYLON BEYER has applied for a renewal of, and conversion to an individual permit, Texas Pollutant Discharge Elimination System (TPDES) Registration No. WQ0003234000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 990 head, of which all head are milking cows. The facility is located on the south side of the intersection of Farm-to-Market Road 219 and Farm-to-Market Road 2303; said intersection is approximately five miles northeast of the city of Lingleville in Erath County, Texas.

PANDA SHERMAN ETHANOL LP which proposes to operate an ethanol production plant, has applied for a new permit, Proposed Permit No. WQ0004825000 to authorize the disposal of treated wastewater consisting of Regeneration Thermokinetic Condenser blowdown and main condenser blowdown (cooling tower and boiler blowdown) at a volume not to exceed 144,000 gallons per day via irrigation of 80 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site will be located approximately 4.5 miles northwest of the City of Stratford and west of and adjacent to U.S. Highway 287 in Sherman 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-200800716

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 6, 2008

Notice of Water Rights Applications

Notice issued February 1, 2008

APPLICATION NO. 12185; The Quanah Country Club, Applicant, P.O. Box 86, Quanah, Texas 79252-0086, has applied for a Water Use Permit to maintain two existing dams and reservoirs, known as North Lake and South Lake, both on an unnamed tributary of Groesbeck Creek for in-place recreational purposes; construct and maintain a tank pond, known as Holding Pond 1, on an unnamed tributary of Spring Creek and use the bed and banks of the pond for storage and subsequent diversion; and construct and maintain a pit pond, known as Holding Pond 2, on an unnamed tributary of Groesbeck Creek for in-place recreational and livestock purposes and use the bed and banks of the pond for storage and subsequent diversion of treated effluent for agricultural (irrigation) purposes, in the Red River Basin, Hardeman County. More information on the application and how to participate in the permitting process is given below. Notice of this application was mailed on January 3, 2008 to the water right holders of record in the Red River Basin. Prior to the publication of that notice, it was noted that the notice contained several errors as follows: (1) referencing Section 124 in the bearing of North Lake and South Lake; (2) referencing the southeast corner of the Section in the bearing for Holding Pond 2 and Diversion Point 2; and (3) referencing the incorrect Latitude and Longitude for Diversion Point No. 1. Therefore, this revised notice is being published and mailed to all water right holders of record in the Red River Basin. The application was received on April 11, 2007. Additional information and fees were received on June 25 and August 20, 2007. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on August 31, 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

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-200800717

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 6, 2008

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission) on January 22, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Advantage Asphalt Products, Ltd.; SOAH Docket No. 582-08-0523; TCEQ Docket No. 2007-0768-AIR-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Advantage Asphalt Products, Ltd. on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200800720

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 6, 2008

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on January 29, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. C.B. Express, Inc. dba Discount Beer & Cigarettes; SOAH Docket No. 582-07-2361; TCEQ Docket No. 2006-1661-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against C.B. Express, Inc. dba Discount Beer & Cigarettes on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200800721

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 6, 2008

Request for Nominations

The Texas Commission on Environmental Quality (TCEQ) is requesting nominations for two individuals to serve on the Municipal Solid Waste Management and Resource Recovery Advisory Council (Advisory Council) for the following positions: 1) An elected official from a county with a population less than 150,000 (expires August 31, 2009); and 2) An elected official from a municipality with a population between 100,000 or more but less than 750,000 (expires August 31, 2013).

The Advisory Council was created by the 69th Legislature in 1983. Members represent various interests, which include city and county solid waste agencies, public solid waste districts or authorities, commercial solid waste landfills, planning regions, environmental perspectives, city and county governments, financial advisors, registered waste tire processors, professional engineers, solid waste professionals, composting/recycling companies and general public representatives.

Upon request from the TCEQ commissioners, the Advisory Council reviews and evaluates the effect of state policies and programs on municipal solid waste management; makes recommendations on matters relating to municipal solid waste management; recommends legislation to encourage the efficient management of municipal solid waste; recommends policies for the use, allocation, or distribution of the planning fund; and recommends special studies and projects to further the effectiveness of municipal solid waste management and recovery for the State of Texas.

The Advisory Council members are required by law to hold at least one meeting every three months. The meetings usually last one day and are held in Austin, Texas. Some travel reimbursement may be available.

To apply or to nominate an individual for one of two vacant Advisory Council positions, please complete and submit an Advisory Council application and related materials. The application and additional information is available at: http://www.tceq.state.tx.us/goto/msw/council/.

Evaluations will be made based upon the application, materials submitted and solid waste experience. Materials may include a resume, biography, summary of experience, list of publications, recognitions/awards, letters of reference, etc. The appointments will be made by the TCEQ's commissioners during a future Agenda meeting in Austin, Texas.

The Advisory Council application and materials must be postmarked by 5:00 p.m., Friday, March 14, 2008, to Mr. Steve Hutchinson of the Waste Permits Division. If sending by regular mail, please send to: Texas Commission on Environmental Quality, Waste Permits Division, Attention: Steve Hutchinson, P.O. Box 13087, MC 126, Austin, Texas 78711-3087. If sending by overnight mail, please send to: Texas Commission on Environmental Quality, Waste Permits Division, Attention: Steve Hutchinson, 12100 Park 35 Circle, Bldg. A, MC 126, Austin, Texas 78753. Questions regarding the Advisory Council can be directed to Mr. Hutchinson at (512) 239-6716, or e-mail address: shutchin@tceq.state.tx.us.

TRD-200800691

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 5, 2008

Texas Facilities Commission

Request for Proposal #303-8-10672

The Texas Facilities Commission (TFC), on behalf of the Texas Department of Criminal Justice (TDCJ), announces the issuance of Request for Proposal (RFP) #303-8-10672. TFC seeks a five (5) year lease of approximately 2,394 square feet of office space in El Paso or Horizon City, El Paso County, Texas.

The deadline for questions is February 22, 2008 and the deadline for proposals is February 29, 2008 at 3:00 p.m. The anticipated award date is March 19, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at: http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=75020.

TRD-200800725

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 6, 2008

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 29, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rate for procedure code 97804 listed below. This change is part of the Medicaid medical policy changes associated with medical nutrition counseling services effective March 1, 2008. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282, and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rate will be effective March 1, 2008. The proposed rate is as follows:

Type of Service*: 1

Procedure Code: 97804

Description: **

Proposed Relative Value Units (RVUs): 0.34

Medicaid Conversion Factor: $28.640

Proposed Medicaid Rate: $9.74

*Type of Service Code Key:

1 = medical services

**Required Notice: The five-character code included in this notice is obtained from the Current Procedural Terminology (CPT®), copyright 2008 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five-character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors, and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.

Methodology and justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners.

Briefing Package. A briefing package describing the proposed payment rate will be available on or after February 18, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

Written Comments. Written comments regarding the proposed payment rate 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 Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200800694

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 5, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rate

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on February 29, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rate for the procedure code D0145 listed below. This change is part of the Medicaid medical policy changes associated with first dental home services effective March 1, 2008. The public hearing will be held in the Lone Star Conference 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. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rate will be effective March 1, 2008. The proposed rate is as follows:

Type of Service*: W

Procedure Code: D0145

Description: Oral evaluation for a patient under three years of age and counseling with primary caregiver

Proposed Medicaid Rate: $144.97

*Type of Service Code Key:

W = Texas Health Steps (THSteps) Dental Services

Methodology and Justification. The proposed payment rate is calculated in accordance with 1 TAC §355.8441(11), which addresses the reimbursement methodology for dental services delivered to Medicaid clients under age 21, known in Texas as Texas Health Steps (THSteps) dental services.

Written Comments. Written comments regarding the proposed payment rate 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 Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200800696

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 5, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on February 29, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for the stereotactic radio surgery procedure codes listed below. These changes are associated with Medicaid medical policy changes effective March 1, 2008. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, 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. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC), §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rates will be effective March 1, 2008. The proposed rates are as follows:

Proposed Medicaid Payment Rates

Methodology and Justification. The proposed payment rates are calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physicians and certain other practitioners including surgical services; 1 TAC §355.8081 and 1 TAC §355.8085, which address the reimbursement methodology for radiation therapy; and 1 TAC §355.8121, which addresses the reimbursement methodology for ASCs/HASCs.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after February 18, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

TRD-200800684

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 4, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on February 29, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rate for procedure code 99078 listed below. This change is part of the Medicaid medical policy changes associated with physician services effective March 1, 2008. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rate will be effective March 1, 2008. The proposed rate is as follows:

Type of Service*: 1

Procedure Code: 99078

Description: **

Proposed Medicaid Rate: $14.60

*Type of Service Code Key: 1 = medical services

**Required Notice: The five-character codes included in this notice are obtained from the Current Procedural Terminology (CPT®), copyright 2008 by the American Medical Association (AMA). CPT is developed by the AMA as a listing of descriptive terms and five character identifying codes and modifiers for reporting medical services and procedures performed by physicians. The responsibility for the content of this notice is with HHSC and no endorsement by the AMA is intended or should be implied. The AMA disclaims responsibility for any consequences or liability attributable or related to any use, nonuse or interpretation of information contained in this notice. Fee schedules, relative value units, conversion factors and/or related components are not assigned by the AMA, are not part of CPT, and the AMA is not recommending their use. The AMA does not directly or indirectly practice medicine or dispense medical services. The AMA assumes no liability for data contained or not contained herein. Any use of CPT outside of this notice should refer to the most recent Current Procedural Terminology, which contains the complete and most current listing of CPT codes and descriptive terms. Applicable FARS/DFARS apply. CPT is a registered trademark of the American Medical Association.

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

TRD-200800693

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 5, 2008

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on February 29, 2008, at 1:30 p.m. to receive public comment on the proposed Medicaid payment rates for the procedure codes listed below. These changes are part of the Medicaid medical policy changes associated with kidney transplant services effective March 1, 2008. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code, §32.0282, and Texas Administrative Code (TAC), Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Kimbra Rawlings by calling (512) 491-1174, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. The proposed payment rates will be effective March 1, 2008. The proposed rates are as follows:

Proposed Medicaid Payment Rates

Written Comments. Written comments regarding the proposed 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 Kimbra Rawlings, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200800695

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 5, 2008

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200800667

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 4, 2008

Notice of Certification of Non-profit Hospitals or Hospital Systems for Limited Liability

The Hospital Survey Unit in the Center for Health Statistics, Department of State Health Services (department), has completed its analysis of hospital data for the purpose of certifying nonprofit hospitals or hospital systems for limited liability in accordance with the Health and Safety Code, §311.0456. We received requests for certification from 13 hospitals. We will notify each hospital by mail that is certified in accordance with §311.0456. Therefore, if you have any comments or questions about the following certification results, please contact Mr. Dwayne Collins or Ms. JaNell Jenkins of the department's Center for Health Statistics.

Certified. 4 non-profit hospitals were determined to be eligible for certification based on information that they provided 8 percent or more of their net patient revenue as charity care and provided 40 percent or more of the charity care in their counties:

1. CHRISTUS Spohn Hospital Beeville in Bee County;

2. CHRISTUS Spohn Hospital Alice in Jim Wells County;

3. CHRISTUS Spohn Hospital Kleberg in Kleberg County;

4. Daughters of Charity Health Services--Brackenridge Hospital in Travis County.

Not Certified. 9 non-profit hospitals were not certified because, based on their survey data, they did not provide 8 percent of their net patient revenue as charity care or did not provide 40 percent of the charity care in their counties:

1. CHRISTUS Santa Rosa Hospital in Bexar County;

2. CHRISTUS Santa Rosa Children's Hospital in Bexar County;

3. CHRISTUS St. Michael Health System in Bowie County;

4. CHRISTUS St. Michael Rehabilitation Hospital in Bowie County;

5. CHRISTUS St. John Hospital in Harris County;

6. CHRISTUS Jasper Memorial Hospital in Jasper County;

7. CHRISTUS Hospital in Jefferson County;

8. CHRISTUS Spohn Hospital Corpus Christi in Nueces County;

9. Shannon West Texas Memorial Hospital, in Tom Green County

For further information about this report, please contact Mr. Dwayne Collins or Ms. JaNell Jenkins in the Center for Health Statistics, Department of State Health Services, 1100 West 49th Street, Austin, Texas, telephone (512) 458-7261.

TRD-200800666

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 4, 2008

Texas Department of Housing and Community Affairs

Notice of Public Hearing: Single Family Mortgage Revenue Refunding Bonds

Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 221 East 11th Street, Room 116, Austin, Texas, at 12:00 noon on March 17, 2008, with respect to a plan of financing (the "Plan") that includes issues of tax-exempt single family mortgage revenue refunding bonds (the "Bonds"), the first of which is to be issued within one year of the date of the hearing described below and the last of which is to be issued no later than three years from the first delivery of Bonds under the Plan.

The Bonds will be issued by the Department in one or more series or subseries, in a maximum aggregate face amount not to exceed $200,000,000. The proceeds of the Bonds will be used for the following purposes: (a) to refund certain single family mortgage revenue bonds of the Department and thereby to recycle prepayments and repayments of loans made with the proceeds of such bonds in order to provide single family residential mortgage loans; (b) to refund certain single family mortgage revenue bonds of the Department and thereby to recycle unexpended proceeds of such bonds in order to provide single family residential mortgage loans; and (c) to provide single family residential mortgage loans. For purposes of subsection (a) above, only prepayments and repayments of mortgage loans financed with proceeds of tax-exempt single family mortgage revenue bonds issued within ten years from the date of receipt of the prepayments or repayments will be eligible for the recycling program.

It is the Department's intent that the Bonds will be refunded with the proceeds of various issues of single family mortgage revenue bonds to be issued by the Department under the Plan, thereby making funds available to make single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low, and moderate income homebuyers for the purchase of homes located within the State of Texas.

For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed: (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income, who have not owned a principal residence during the preceding three years (except in certain cases permitted under applicable provisions of the Internal Revenue Code). Further, residences financed with loans under the programs generally will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy.

All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Heather Hodnett at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701; telephone (512) 475-1899.

Persons who intend to appear at the hearing and express their views are invited to contact Heather Hodnett in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Heather Hodnett prior to the date scheduled for the hearing.

TDHCA WEBSITE: www.tdhca.state.tx.us/hf.htm

Individuals who require auxiliary aids for the hearing should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days before the hearing so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for the hearing should contact Heather Hodnett at (512) 475-1899 at least three days before the hearing so that appropriate arrangements can be made. Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

This notice is published, and the above-described hearing is to be held in satisfaction of the requirements of State law and §147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Bonds.

TRD-200800714

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: February 5, 2008

Houston-Galveston Area Council

Request for Proposals

The Houston-Galveston Area Council (H-GAC) solicits proposals from qualified organizations interested in managing training activities, developing customized curricula and providing staff development consulting services for the Gulf Coast public workforce system.

The system is composed of the Gulf Coast Workforce Board and its staff, and an operating affiliate that includes six contractors providing direct service for businesses and residents through two divisions. Last year, this operating unit--currently known as The WorkSource--spent about $200 million and served more than 21,000 businesses and 400,000 residents in a 13-county area that includes Houston, Harris County, and the twelve surrounding counties.

Prospective bidders may obtain a copy of the Request for Proposals online at http://www.theworksource.org or by contacting Carol Kimmick at (713) 627-3200 or by sending email to carol.kimmick@h-gac.com. Responses are due at H-GAC offices by 12:00 noon on Thursday, February 28, 2008. Late proposals will not be accepted. There will be no exceptions.

TRD-200800654

Jack Steele

Executive Director

Houston-Galveston Area Council

Filed: February 1, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of CONVERIUM REINSURANCE (NORTH AMERICA) INC. to FINIAL REINSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Stamford, Connecticut.

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-200800726

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 6, 2008

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application of CREATIVE RISK SOLUTIONS, INC., a foreign third party administrator. The home office is WEST DES MOINES, IOWA.

Application of AMERICAN MANAGED CARE, LLC., a foreign third party administrator. The home office is ST. PETERSBURG, FLORIDA.

Application of TOKIO MARINE MANAGEMENT, INC., a foreign third party administrator. The home office is NEW YORK, NEW YORK.

Application to change the name of ADVANCEPCS HEALTH, L.P. to CAREMARKPCS HEALTH, L.P., a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Application to change the name of DORAL THERAPY SERVICES, LLC to AMERICAN THERAPY ADMINISTRATORS, LLC, a foreign third party administrator. The home office is MEQUON, WISCONSIN.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200800549

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 31, 2008

Texas Lottery Commission

Instant Game Number 1024 "Super Set for Life"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1024 is "SUPER SET FOR LIFE". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1024 shall be $20.00 per ticket.

1.2 Definitions in Instant Game No. 1024.

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, DOLLAR BILL SYMBOL, STAR SYMBOL, LIFE SYMBOL, $20.00, $25.00, $30.00, $40.00, $100, $500, $1,000, $2,000, $10,000 or $500K/YR SYMBOL.

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: GAME NO. 1024 - 1.2D

E. Retailer Validation Code--Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 1024 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number--A unique 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.

G. Low-Tier Prize--A prize of $20.00.

H. Mid-Tier Prize--A prize of $25.00, $30.00, $40.00, $100 or $500.

I. High-Tier Prize--A prize of $1,000, $2,000, $10,000 or $500K/YR (for 15 years not to exceed $7,500,000).

J. 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.

K. Pack-Ticket Number--A 14 (fourteen) digit number consisting of the four (4) digit game number (1024), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 025 within each pack. The format will be: 1024-0000001-001.

L. Pack--A pack of "SUPER SET FOR LIFE" Instant Game tickets contains 25 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 025 while the other fold will show the back of ticket 001 and front of 025.

M. Non-Winning Ticket--A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket--A Texas Lottery "SUPER SET FOR LIFE" Instant Game No. 1024 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 § 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 "SUPER SET FOR LIFE" Instant Game is determined once the latex on the ticket is scratched off to expose 55 (fifty-five) play symbols. If the player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player wins the PRIZE shown for that number. If the player reveals a DOLLAR BILL SYMBOL, the player wins the PRIZE shown instantly. If the player reveals a STAR SYMBOL, the player wins all 25 PRIZES shown. If the player reveals a LIFE SYMBOL, the player wins $500,000 a year for 15 years not to exceed $7,500,000 total. 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 55 (fifty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 55 (fifty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;

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

16. Each of the 55 (fifty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 55 (fifty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.

C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.

2.2 Programmed Game Parameters.

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

B. No five or more like non-winning prize symbols on a ticket.

C. No duplicate WINNING NUMBERS play symbols on a ticket.

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

E. The STAR (win all) play symbol will only appear on intended winning tickets as dictated by the prize structure.

F. The LIFE (annuity prize) play symbol will only appear with the $500K/YR prize symbol and both symbols will only appear on the four winning tickets as dictated by the prize structure.

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

H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 20 and $20).

2.3 Procedure for Claiming Prizes.

A. To claim a "SUPER SET FOR LIFE" Instant Game prize of $20.00, $25.00, $30.00, $40.00, $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 $25.00, $30.00, $40.00, $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 "SUPER SET FOR LIFE" Instant Game prize of $1,000, $2,000 or $10,000, 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. To claim a "SUPER SET FOR LIFE" top level prize of $500,000 per year (for 15 years not to exceed $7,500,000 total), the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. 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.

D. When claiming a "SUPER SET FOR LIFE" Instant Game prize of $500,000 per year (for 15 years not to exceed $7,500,000), the claimant will receive his prize:

1. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $500,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 15 years or a total of 15 annual payments to reach the total maximum payment of $7,500,000.

2. If a payment falls on a holiday or weekend, the payment will be made on the following business day

E. As an alternative method of claiming a "SUPER SET FOR LIFE" 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.

F. 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; or

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.

G. 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 "SUPER SET FOR LIFE" 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 "SUPER SET FOR LIFE" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code Section 466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.

4.0 Number and Value of Instant Prizes. There will be approximately 7,200,000 tickets in the Instant Game No. 1024. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 1024 - 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. 1024 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. 1024, 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-200800545

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 30, 2008

Instant Game Number 1048 "Money Maker"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1048 is "MONEY MAKER". The play style is "key number match with auto win".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1048 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1048.

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

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

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

Figure 1: GAME NO. 1048 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: GAME NO. 1048 - 1.2E

F. 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.

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

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

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

J. 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.

K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1048), 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: 1048-0000001-001.

L. Pack - A pack of "MONEY MAKER" Instant Game tickets contains 075 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 001 and front 075.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MONEY MAKER" Instant Game No. 1048 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 "MONEY MAKER" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. If a player reveals a "10X" play symbol, the player wins 10 (ten) TIMES 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 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;

3. Each of the Play Symbols must be present in its entirety and be fully legible;

4. Each of the Play Symbols must be printed in black ink except for dual image games;

5. The ticket shall be intact;

6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;

7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;

8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;

9. The ticket must not be counterfeit in whole or in part;

10. The ticket must have been issued by the Texas Lottery in an authorized manner;

11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;

12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;

13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

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

B. The "10X" play symbol (10 times multiplier) will only appear once on intended winning tickets and only as dictated by the prize structure.

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

D. No duplicate WINNING 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 "MONEY MAKER" 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 "MONEY MAKER" 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 "MONEY MAKER" 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 "MONEY MAKER" 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 "MONEY MAKER" 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.

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 6,000,000 tickets in the Instant Game No. 1048. The approximate number and value of prizes in the game are as follows:

Figure 3: GAME NO. 1048 - 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. 1048 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. 1048, 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-200800579

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 1, 2008

Instant Game Number 1055 "Loteria Texas"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1055 is "LOTERIA TEXAS". The play style is "coordinate with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1055 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1055.

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: THE ARROWS SYMBOL, THE BELL SYMBOL, THE BOOT SYMBOL, THE CACTUS SYMBOL, THE CANOE SYMBOL, THE CROWN SYMBOL, THE DEER SYMBOL, THE DRUM SYMBOL, THE FISH SYMBOL, THE FLOWERPOT SYMBOL, THE FROG SYMBOL, THE HAND SYMBOL, THE LADDER SYMBOL, THE MERMAID SYMBOL, THE MOON SYMBOL, THE MUSICIAN SYMBOL, THE PARROT SYMBOL, THE PEAR SYMBOL, THE PITCHER SYMBOL, THE ROOSTER SYMBOL, THE ROSE SYMBOL, THE STAR SYMBOL, THE SUN SYMBOL, THE TREE SYMBOL, THE UMBRELLA SYMBOL, THE VIOLIN SYMBOL, THE WATERMELON SYMBOL, THE WORLD SYMBOL and THE BARREL SYMBOL.

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: GAME NO. 1055 - 1.2D

Figure 2: GAME NO. 1055 - 1.2E

G. Low-Tier Prize - A prize of $3.00, $4.00, $7.00, $10.00, $17.00 or $20.00.

H. Mid-Tier Prize - A prize of $30.00, $33.00, $50.00, $80.00 or $300.

I. High-Tier Prize - A prize of $3,000 or $33,000.

K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1055), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1055-0000001-001.

L. Pack - A pack of "LOTERIA TEXAS" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "LOTERIA TEXAS" Instant Game No. 1055 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 "LOTERIA TEXAS" Instant Game is determined once the latex on the ticket is scratched off to expose 30 (thirty) play symbols. The player scratches off the Caller's Card area to reveal 14 symbols. The player scratches only the symbols on the LOTERIA Card that match the symbols revealed on the Caller's Card to reveal a bean. The player reveals 4 beans in any complete horizontal or vertical line on the LOTERIA Card to win the prize shown for that line. 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 30 (thirty) 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 30 (thirty) 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 30 (thirty) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 30 (thirty) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and

19. The ticket must have been received by the Texas Lottery by applicable deadlines.

2.2 Programmed Game Parameters.

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

B. A ticket may win up to three (3) times per the prize structure.

C. No adjacent tickets will contain identical CALLER'S CARD play symbols in exactly the same locations.

D. No duplicate play symbols in the CALLER'S CARD play area.

E. On non-winning tickets, there will be at least one near win. A near win is defined as matching 3 of the 4 symbols to the CALLER'S CARD for a given row or column.

F. There will be no occurrence of all 4 symbols in either diagonal matching the CALLER'S CARD symbols.

G. At least 8, but no more than 12, CALLER'S CARD play symbols will match a symbol on the LOTERIA Card on a ticket.

H. No duplicate play symbols on a LOTERIA Card as indicated in the artwork section.

I. Each LOTERIA Card will have an occurrence of the rooster symbol as indicated in the artwork section.

2.3 Procedure for Claiming Prizes.

A. To claim a "LOTERIA TEXAS" Instant Game prize of $3.00, $4.00, $7.00, $10.00, $17.00, $20.00, $30.00, $33.00, $50.00, $80.00, or $300, 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 $30.00, $33.00, $50.00, $80.00, or $300 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 "LOTERIA TEXAS" Instant Game prize of $3,000 or $33,000, 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 "LOTERIA TEXAS" 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.