Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of July 4, 2008, through July 10, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on July 16, 2008. The public comment period for this project will close at 5:00 p.m. on August 15, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: David Eller; Location: The project is located in Hynes Bay, also referred to as San Antonio Bay, at Swan Point Landing, in Seadrift, Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Seadrift, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 724610; Northing: 3142601. Project Description: The applicant proposes to amend Permit 22723 to add a condominium building, retail storefront, and to dredge a new harbor with waterfront residential home lots. Permit 22723 authorized the construction of two boat storage buildings in an inlet adjacent to Hynes Bay. The proposed harbor would be dredged to a depth of -5.65 feet below mean high water at the most inland point and -5.94 feet below mean high water at the entrance to the existing harbor. Depth in the existing harbor is -5.94 feet below mean high water. Depth in Hynes Bay, at the mouth of the existing harbor, ranges from -2 feet below mean high water to -5.44 feet below mean high water. CCC Project No.: 08-0186-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01554 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the application listed above, including a copy the consistency certifications for inspection, may be obtained from Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200803594
Larry L. Laine
Chief Clerk/Deputy Land Commissioner, General Land Office
Coastal Coordination Council
Filed: July 14, 2008
Notice of Intent to Amend Contract
Pursuant to Chapters 403 and Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the following notice of intent to increase and extend a major consulting services contract with AKF Consulting LLC as follows:
The contract with AKF Consulting LLC will be amended and increased from not-to-exceed $50,000.00 to not-to-exceed $75,000.00. The original term of the contract, from November 27, 2007 through December 31, 2008, is also extended to December 31, 2009. There is one (1) option to renew for one (1) additional one (1) year term.
The notice of request for proposals was published in the October 19, 2007, issue of the Texas Register (32 TexReg 7539), RFP #181a.
The contractor will provide consulting and technical advice and assistance to the Comptroller and the Texas Prepaid Higher Education Tuition Board in the evaluation, selection, and ongoing administration of the new Texas Tuition Promise Fund (formerly known as the Texas Tomorrow Fund II).
TRD-200803625
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 16, 2008
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, and Chapter 404, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Treasury Safekeeping Trust Company (Trust Company), announces the withdrawal of its Request for Proposals (RFP 188a) for investment consulting services for the Trust Company.
Issuance Date: The Request for Proposals was published in the July 11, 2008, issue of the Texas Register (33 TexReg 5570).
TRD-200803622
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: July 16, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/21/08 - 07/27/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 07/21/08 - 07/27/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200803597
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: July 15, 2008
Application to Expand Field of Membership
Notice is given that the following application has been filed with the Credit Union Department and is under consideration:
An application was received from PosTel Family Credit Union, Wichita Falls, Texas to expand its field of membership. The proposal would permit employees of Media Recovery Inc. (MRI) who work in or are paid out of the Graham, Texas, to be eligible for membership in the credit union.
Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.
TRD-200803629
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 16, 2008
In accordance with the provisions of 7 TAC §91.103, the Credit Union Department provides notice of the final action taken on the following application(s):
Application(s) to Expand Field of Membership - Approved
Members Choice Credit Union, Houston, Texas - See Texas Register issue dated December 28, 2007.
TexasOne Community Credit Union, Houston, Texas - See Texas Register issue dated February 29, 2008.
United Credit Union, Tyler, Texas - See Texas Register issue dated April 25, 2008.
First United Credit Union, Tyler, Texas - See Texas Register issue dated April 25, 2008.
MembersSource Credit Union, Houston, Texas - See Texas Register issue dated May 30, 2008.
Application(s) to Amend Articles of Incorporation - Approved
U. S. Employees Credit Union, The Woodlands, Texas - See Texas Register issue dated May 30, 2008.
Application(s) for a Merger or Consolidation - Approved
Permian Basin Credit Union (Odessa) and Midland Community Federal Credit Union (Midland) - See Texas Register issue dated November 30, 2007.
Application(s) for a Merger or Consolidation - Withdrawn
Houston Highway Credit Union (Houston) and Energy Capital Credit Union (Houston) - See Texas Register issue dated March 28, 2008.
TRD-200803630
Harold E. Feeney
Commissioner
Credit Union Department
Filed: July 16, 2008
Request for Applications Concerning the Collaborative Dropout Reduction Pilot Program, Cycle 2
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-133 from eligible public school districts and open-enrollment charter schools in Texas. Districts are eligible if 70 percent or more of students enrolled in the district have been identified as being economically disadvantaged or if the district's annual dropout rate for Grades 7-12 is in the top ten percent of its comparable size category. A list of eligible districts will be posted to the TEA Grant Opportunities page at http://burleson.tea.state.tx.us/GrantOpportunities/forms. Eligible districts may form a shared services arrangement (SSA) in order to qualify for grant funds. An SSA is limited to no more than ten eligible districts. Education service centers (ESCs) are not eligible to apply as fiscal agents for an SSA under this grant.
Description. The purpose of this application is to solicit grant applications from eligible applicants to implement a pilot program to comprehensively reduce the number of students who drop out of school, increase student job skills and employment opportunities, and provide continuing education opportunities for students who might otherwise have dropped out of school. The local collaborative dropout reduction program is designed to provide a variety of services and interventions for students in the following four required service areas: workforce skill development, academic support, attendance improvement, and student and family support services.
The pilot program serves students in Grades 9-12, and at least 50 percent of the students served in the program must be identified as being at risk of dropping out of school as defined in the Texas Education Code, §29.081(d).
Programs must collaborate with one or more local businesses, other local governments or law-enforcement agencies, nonprofit organizations, faith-based organizations, or institutions of higher education to deliver proven, research-based intervention strategies and services.
Dates of Project. The Collaborative Dropout Reduction Pilot Program, Cycle 2, will be implemented during the 2008-2009, 2009-2010, and 2010-2011 school years. Applicants should plan for a starting date of no earlier than January 1, 2009, and an ending date of no later than February 28, 2011.
Project Amount. A total of approximately $4 million is available for funding approximately 16 to 20 projects. Each project will receive a maximum of $250,000 for the 2008-2011 grant period. This project is funded 100 percent from state funds. Awarded districts will receive a base of $50,000 to create a new program or to expand/enhance current dropout programs in accordance with the provisions of the authorizing statute, and up to $1,000 per student served by the pilot program. Districts must hire or appoint a project coordinator and may use a reasonable and appropriate amount of grant and/or local funds for that purpose. Districts or SSAs must serve a minimum of 20 students.
Each individual collaborative partner is not required to provide matching funds. However, applicants must demonstrate total matching funds and/or in-kind contributions from collaborating partners of at least 10 percent of the grant amount requested.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.
TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Requesting the Application. Due to the high cost of printing and mailing RFAs, they will no longer be available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Applicant's Conference. An applicant's conference will be held on Tuesday, August 19, 2008, from 1:00 p.m. until 3:00 p.m. via the Texas Educational Telecommunication Network (TETN) available at each regional ESC (TETN Event #31655). To locate the nearest TETN facility, applicants should contact the TETN site manager at their regional ESC. A complete list of ESCs, including contact information, is available on the TEA website at http://www.tea.state.tx.us/ESC/. Questions relevant to the RFA may be sent to Chris Caesar at chris.caesar@tea.state.tx.us or faxed to (512) 463-4246 prior to August 19, 2008. These questions, along with other information, will be addressed in the presentation. The conference will be open to all potential applicants and will provide general and clarifying information about the program and RFA.
The entire applicant's conference will be digitally recorded and streamed over the Internet. Prospective applicants who are not able to attend the applicant's conference may request a password and procedures to download the video stream from the TETN site manager at their local ESC.
Further Information. For clarifying information about the RFA, contact Chris Caesar, Division of State Initiatives, Texas Education Agency, (512) 936-6434. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Thursday, September 25, 2008, to be eligible to be considered for funding.
TRD-200803628
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 16, 2008
Eligible Applicants. The Texas Education Agency (TEA) is requesting eGrants applications under Request for Applications (RFA) #701-08-113 from school districts and open-enrollment charter schools on behalf of an individual campus. A multi-campus school district or open-enrollment charter school may submit more than one application; however, each application must address strategies and activities for a single campus and its community. The school must have demonstrated a commitment to campus deregulation and to restructuring educational practices and conditions at the school by entering into a partnership with school staff; parents of students at the school; community and business leaders; school district officers; and a nonprofit community-based organization that has a demonstrated capacity to train, develop, and organize parents and community leaders into a large, nonpartisan constituency that will hold the school and the school district accountable for achieving high academic standards. Campuses currently participating in the 2007 - 2008 Investment Capital Fund Grant Program, Cycle 17 (SAS #ICFGAA08) are not eligible to participate in this project.
Description. The purposes of the Investment Capital Fund are to (1) assist eligible public schools to implement practices and procedures consistent with deregulation and school restructuring so as to improve student achievement, and (2) help schools identify and train parents and community leaders who will hold the school and the school district accountable for achieving high academic standards. The primary objective of the Investment Capital Fund grant program is to improve academic performance through the following program goals: train school staff, parents, and community leaders to understand academic standards; develop and implement effective strategies to improve student performance; organize a large constituency of parents and community leaders who will hold the school and school district accountable for achieving high academic standards; and engage in ongoing planning to help ensure the success of the grant program.
Dates of Project. The Investment Capital Fund Grant, Cycle 18, will be implemented during the 2008 - 2009 and 2009 - 2010 school years. Applicants should plan for a starting date of no earlier than March 1, 2009, and an ending date of no later than August 31, 2010.
Project Amount. Funding will be provided for approximately 90 projects. Each project will receive a maximum of $50,000 for the grant period.
Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA and that are most advantageous to the project.
The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.
Obtaining Access to the eGrants Application. This grant is available only through eGrants and may not be submitted through any other means. A Texas Education Agency Secure Environment (TEA SE) username and password are required for each user of eGrants. To request a TEA SE username and password, or for information on how to apply for eGrants access once a TEA SE account has been established, go to http://www.tea.state.tx.us/opge/egrant/index.html. Requestors will receive a username and password via email within approximately two weeks.
Grant Writer's Assignment Form. As part of the TEA eGrants system, the Grant Writer's Assignment Form has been introduced as a mechanism for identifying users who will have access to view and complete the Investment Capital Fund, Cycle 18, Grant Application. Due to the competitive nature of some grants, certain users will be designated to have access to a grant application by the superintendent or the organization's authorized official. Only the superintendent or the organization's authorized official may complete the form, and he or she must denote agreement with the authorization statement on the bottom of the form before the schedule is complete. The information submitted on the form is considered to be binding, and only the users identified on the form will have access to the grant application. The organization must select the eligible campuses so that the designated individuals will have access to the grant application.
The Grant Writer's Assignment Form will be available 30 days prior to publication of the grant in eGrants and must be submitted in order to gain access to the Investment Capital Fund, Cycle 18, Grant Application. The form will close 5 to 10 days before the deadline for receipt of applications, and access to the application will no longer be available if the form has not been completed and submitted.
Superintendents or organizations' authorized officials and eGrants TEA SE users can view the instructions for the Grant Writer's Assignment Form at http://maverick.tea.state.tx.us:8080/Guidelines/Template%20Forms/TEMPAA05PP2220_I.pdf.
To access the information and requirements for this grant, enter the TEA Grant Opportunities webpage at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the program/RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of eGrants Applications. The eGrants application will be available on or about Friday, August 15, 2008. The eGrants application must be certified and submitted by the official authorized to enter the applicant organization into a legally binding contractual agreement by 5:00 p.m. (Central Time), Thursday, September 25, 2008, to be considered for funding.
Further Information. For clarifying information about this notice or the RFA, contact Carlos Garza, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQ) at http://burleson.tea.state.tx.us/GrantOpportunities/forms.
TRD-200803627
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: July 16, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 25, 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 August 25, 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: Aero Greensmor, LP; DOCKET NUMBER: 2008-0661-MWD-E; IDENTIFIER: RN102093796; LOCATION: Houston, Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.65 and §305.125(2) and the Code, §26.121(a)(1), by failing to maintain a Texas Pollutant Discharge Elimination System permit; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Air Liquide Large Industries U.S. LP; DOCKET NUMBER: 2008-0663-AIR-E; IDENTIFIER: RN100233998; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 73110, Special Condition (SC) Number 1, and Texas Health and Safety Code (THSC), §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $3,950; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(3) COMPANY: Apache Disposal, Inc.; DOCKET NUMBER: 2008-0272-MLM-E; IDENTIFIER: RN105225098; LOCATION: Marion, Guadalupe County; TYPE OF FACILITY: commercial trash hauling service; RULE VIOLATED: 30 TAC §334.75(a)(1) and §334.129(a), by failing to immediately clean up and report a release of diesel fuel from the aboveground storage tanks (ASTs) and comply with release investigation and corrective action requirements; 30 TAC §330.7(a), by failing to obtain authorization for the storage and processing of municipal solid waste (MSW); and 30 TAC §334.127(a), by failing to register ASTs containing a petroleum product; PENALTY: $5,200; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: City of Bardwell; DOCKET NUMBER: 2008-0777-PWS-E; IDENTIFIER: RN101238608; LOCATION: Bardwell, Ellis County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue a boil water notification; PENALTY: $250; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Fayette County Water Control and Improvement District Monument Hill; DOCKET NUMBER: 2008-0489-PWS-E; IDENTIFIER: RN101389054; LOCATION: Fayette County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level for total trihalomethanes; PENALTY: $347; ENFORCEMENT COORDINATOR: Amanda Henry, (713) 767-3500; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(6) COMPANY: JIMI Enterprise Inc; DOCKET NUMBER: 2008-0833-MSW-E; IDENTIFIER: RN105291314; LOCATION: Eddy, McLennan County; TYPE OF FACILITY: tire storage; RULE VIOLATED: 30 TAC §328.56(d)(4), by failing to have an effective vector control program on site; PENALTY: $475; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 77710-7826, (254) 751-0335.
(7) COMPANY: Joel Bazan dba Bazan Scrap Tire Facility; DOCKET NUMBER: 2008-0300-MLM-E; IDENTIFIER: RN102983301; LOCATION: Duval County; TYPE OF FACILITY: unauthorized tire storage; RULE VIOLATED: 30 TAC §328.56(d)(2) and §328.60(a) and THSC, §361.112(a), by failing to obtain a scrap tire storage registration for storing more than 500 scrap or used tires; 30 TAC §328.57(c)(3) and THSC, §361.112(c), by failing to transport used tires to an authorized site; 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition on outdoor burning; and 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of MSW; PENALTY: $10,054; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(8) COMPANY: McWane, Inc.; DOCKET NUMBER: 2008-0192-AIR-E; IDENTIFIER: RN102679867; LOCATION: Tyler, Smith County; TYPE OF FACILITY: iron and steel foundry; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Numbers 9425 and PSD-TX-1066, SC Number 1, Federal Operating Permit O-01407, SC Number 7, and THSC, §382.085(b), by failing to adhere to the permitted maximum allowable emission rate table limit; PENALTY: $12,950; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(9) COMPANY: PAC-N-SAC STORES, INC. dba Pac N Sac 104; DOCKET NUMBER: 2008-0731-MLM-E; IDENTIFIER: RN101499515; LOCATION: San Marcos, Hays County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system for operability and adequacy of protection; and 30 TAC §213.5(d)(1), by failing to provide a functioning continuous monitoring leak detection system; PENALTY: $8,701; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(10) COMPANY: Khaveed Ali dba Speedy Food Market; DOCKET NUMBER: 2008-0508-PST-E; IDENTIFIER: RN101900637; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; and 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection; PENALTY: $8,856; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
TRD-200803596
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 15, 2008
The Texas Commission on Environmental Quality (TCEQ) is issuing both a new Air Quality Standard Permit for Permanent Rock and Concrete Crushers and amendments to the Air Quality Standard Permit for Temporary Rock and Concrete Crushers under the Texas Clean Air Act (TCAA), Texas Health and Safety Code (THSC), §382.05195, Standard Permit, and Title 30 Texas Administrative Code (TAC) Chapter 116, Subchapter F, Standard Permits. Both the new standard permit and the amendments will be effective July 31, 2008.
Copies of the 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 amendments to the Air Quality Standard Permit for Temporary 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/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.
OVERVIEW OF THE STANDARD PERMIT AND AMENDMENTS
The standard permit for permanent rock and concrete crushers is 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. This standard permit is replacing the current permit by rule (PBR) for rock crushers previously available under 30 TAC §106.142, Rock Crushers. This standard permit updates technical requirements, provides clearer, more enforceable conditions, requires recordkeeping that facilitates the determination of compliance, and updates the authorization for these facilities to include statutory requirements for certain concrete crushers. In a separate commission action, 30 TAC §106.142 has been repealed and will be unavailable for use for new or modified crushing facilities upon issuance of this standard permit. In accordance with 30 TAC §116.13, owners or operators of crushing facilities authorized by the PBR may continue to operate under the PBR unless the crusher is moved or modified.
The existing Air Quality Standard Permit for Temporary Rock and Concrete Crushers has been amended to improve readability, flexibility, and enforceability. Requirements concerning emission limits, control requirements, and recordkeeping have not changed 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.
PUBLIC NOTICE AND COMMENT PERIOD
In accordance with 30 TAC §116.603, Public Participation in Issuance of Standard Permits, and §116.605, Standard Permit Amendment and Revocation, the TCEQ published notice of these standard permits in the Texas Register and newspapers of the largest general circulation in Austin, Dallas, and Houston. The date for these publications was February 15, 2008. The public comment period was from the date of publication until March 21, 2008. Written comments were received by Hill Country Environmental, Inc. (HCE); CSA Materials, Inc. (CSA); Fred M. Bosse representing Southern Crushed Concrete, LLC (SCC); Associated General Contractors (AGC); Harris County Public Health & Environmental Resources (HCPHES); Westward Environmental, Inc. (WE); City of Houston Department of Health and Human Services, Bureau of Air Quality Control (BAQC); Jobe Materials, L.P. (Jobe); and the Texas Aggregate and Concrete Association (TACA).
PUBLIC MEETING
A public meeting on the proposed new standard permit and the amended standard permit was held on March 18, 2008, at 1:30 p.m., at the TCEQ, Building E, Room 254S, 12100 Park 35 Circle, Austin, Texas. Oral comments were provided by AGC and Jobe.
ANALYSIS OF COMMENTS
Comments on the Air Quality Standard Permit for Permanent Rock and Concrete Crushers
HCE commented that the definition of associated sources in condition (1)(A)(ii) includes activities that are not facilities as defined by the TCAA and 30 TAC Chapter 116 and are thus, not required to be authorized.
Associated sources, while not requiring authorization, may be regulated by permit conditions when co-located with an authorized facility in order to ensure that cumulative emissions from the associated sources and the facility do not result in adverse off-property impacts.
HCE requested the term dwelling be defined to include the conditions listed in the technical summary document that will be used to determine whether a structure is a dwelling.
The list of factors that may be used in determining whether a structure is a residence included in the technical summary document is meant to illustrate the types of considerations the executive director might use in making such a determination. The ultimate determination of whether a structure constitutes a dwelling will be made on a case-by-case basis considering above noted factors and the information specific to the particular structure and circumstances.
HCE commented that conditions (1)(E) and (1)(F) of the standard permit were too restrictive and requested that staff include language that would allow an owner or operator to continue to produce aggregate during a contested case hearing and retain the option to continue authorization under the standard permit if a new source review (NSR) permit application was denied or strongly opposed. Jobe also commented that condition (1)(E) was excessively restrictive.
As noted in the Permit Condition Analysis and Justification section of this document, conditions (1)(E) and (1)(F) were established to prevent the use of this standard permit as an immediate precursor to a larger crushing operation and to prevent an applicant that has contested case hearing requests for a permit under THSC, §382.0518, from withdrawing that application and immediately using this standard permit.
HCE commented that there is a typo in condition (3)(E).
The commission appreciates the comment and has corrected the error.
HCE requested the inclusion of additional language authorizing the removal of overburden.
With regard to the removal of overburden, unless the overburden material is processed by equipment meeting the definition of a facility, this activity does not require authorization. Additional and separate authorization is required if the owner or operator intends to process overburden material with a facility.
CSA commented that the combination of hours of operation and throughput limitations resulted in operating inefficiencies and suggested that higher production rates, more crushers, and more screens should be allowed.
The commission disagrees with this comment. This standard permit is being proposed to replace the current PBR for rock crushers and the intent is to provide authorization for a similar type and size operation. This standard permit is not meant to provide authorization for all unit configurations or operating scenarios for rock crushers. For facilities that cannot meet the conditions of this standard permit, applicants may seek authorization by a case-by-case NSR permit.
SCC commented that modeling does not support the stockpile height limitation in condition (3)(O) and that this restriction should be removed.
The commission does not agree with this comment. A 45-foot stockpile height was the design criteria that was evaluated in the protectiveness review and the review indicated that there would be no adverse off-property impacts. The conditions in PBRs and standard permits are often more restrictive than those in a case-by-case NSR permit. This standard permit is not meant to provide authorization for all unit configurations or operating scenarios for rock crushers. Facilities that cannot meet the conditions of this standard permit may be authorized by a case-by-case NSR permit.
BAQC commented that city of Houston personnel have repeatedly observed that few of the crushing operations consistently practice the full set of regulatory requirements necessary to reduce air emissions under the TCEQ permits program. This can result in nuisance conditions beyond the 440-yard setback requirement and BAQC requested that the setback be increased to 1,500 feet.
The commission disagrees with this comment. If a facility complies with all conditions of this standard permit, then the 440-yard setback required by condition (1)(B) is adequate to prevent nuisance and is the distance specified by THSC, §382.065. It is expected that owners or operators of facilities authorized under this standard permit comply with all of the conditions of the permit or be subject to potential enforcement action.
BAQC and HCPHES requested that watering and road cleaning logs be included in the recordkeeping required by the permit. HCPHES also requested the inclusion of stockpile dust suppression activities and abatement systems maintenance in the recordkeeping requirements.
The commission agrees with the request to keep records of watering, road cleaning logs, and dust suppression activities at stockpiles. This standard permit gives considerable latitude to owners and operators regarding the frequency of these tasks due to the influence of weather conditions on the potential for emissions. It is reasonable to expect the owner or operator to supply evidence that these tasks are being performed with adequate frequency, particularly in the case of a nuisance complaint investigation.
The commission does not agree with the request to include records of abatement system maintenance because the required abatement equipment, spraybars, requires little if any maintenance. Additionally, 30 TAC §116.615, General Conditions, requires that abatement equipment be in good condition and working properly at all times during normal facility operations.
BAQC requested the inclusion of a requirement that trucks entering or leaving the facility be required to cover their load to prevent particulate emissions from the trucks.
The TCEQ's jurisdiction is established by the Legislature and is limited to the issues set forth in statute. Accordingly, the TCEQ does not have statutory authority over the emissions from mobile sources. However, the Texas Department of Transportation has regulations regarding the covering of open truck beds and trailers.
BAQC commented that compliance history should be a consideration in authorization of these facilities and should be considered grounds for revoking an authorization.
Condition (1)(G) specifies that a registration for this standard permit is subject to a compliance history review and an applicant classified as a poor performer will not be granted authorization under this standard permit. In addition, if after authorization is granted, the facility is found to be out of compliance with the terms and conditions of the standard permit, it will be subject to possible enforcement action.
Jobe commented that the introductory paragraph states that the permit authorizes crushing operations and should be changed to crushing facilities in order to be consistent with the requirements of the TCAA and Chapter 116.
The commission agrees with the comment and has changed the language in the opening paragraph.
Jobe commented that it appeared that the standard permit could be used to authorize multiple crushers on a single site as long as the distance requirements in condition (1)(B), (3)(B), (3)(C), and (3)(D) were all met.
The commission agrees with this comment with some exceptions. Multiple crushers on a single site may be authorized by the standard permit as long as all of the conditions of the standard permit are met, including condition (3)(G), which requires that all crushers on the site (not including secondary crushers used as part of a single crushing operation) not exceed an aggregate of 2,640 hours. No changes were made to the standard permit.
Jobe, TACA, and WE commented that the 200 tons per hour (tph) limit was too low and should be increased to between 270 tph and 350 tph, possibly using a tiered system similar to that used in the Air Quality Standard Permit for Hot Mix Asphalt Plants. AGC suggested a tiered approach with a maximum throughput of 1,000 tph. Additionally, AGC and Jobe provided information demonstrating the increased economic efficiency of higher throughput rates.
No changes were made to the standard permit. This standard permit is intended to replace the current PBR for rock crushers and the intent is to provide authorization for a similar type and size operation. This standard permit is not meant to provide authorization for all unit configurations or operating scenarios for rock crushers. Facilities that cannot meet the conditions of this standard permit may be authorized by a case-by-case NSR permit.
AGC suggested that condition (3)(F) include a tertiary crusher in addition to the primary and secondary crushers this standard permit authorizes.
This standard permit is intended to replace the current PBR for rock crushers and the intent is to provide authorization for a similar type and size operation. This standard permit is not meant to provide authorization for all unit configurations or operating scenarios for rock crushers. Facilities that cannot meet the conditions of this standard permit may be authorized by a case-by-case NSR permit.
Jobe requested clarification on the requirements in condition (1)(F). Specifically, Jobe asked, for a site that has a facility authorized by a case-by-case NSR permit, assuming all conditions of the standard permit were met, if the standard permit could be used to authorize an additional crusher on that site.
No change was made to the standard permit. If a facility, currently authorized under a case-by-case NSR permit, exists at the site prior to the application for this standard permit, an additional crusher may be allowed under this standard permit if all conditions of the standard permit can be met, i.e. distance limitations.
TACA and WE requested that the standard permit allow an exemption from the setback requirement of 550 feet from any other rock crusher, CBP, or HMAP in condition (3)(D) for any facility demonstrating, through air dispersion modeling, that there would be no adverse off-property impacts.
This standard permit is not subject to the level of review necessary to make a determination of protectiveness based on modeling of individual facilities. Facilities that cannot meet the conditions of this standard permit may be authorized by a case-by-case NSR permit.
HCPHES also requested that the TCEQ take speciated particulate matter (PM2.5) studies conducted by the TCEQ at the Clinton monitor in Harris County and other studies of this kind into account for this standard permit. Additionally, HCPHES commented that the modeling report also states that, since there is no guidance from United States Environmental Protection Agency (EPA) concerning how to globally address PM2.5 from on-site engines, off-site on-road engines, off-site off-road engines, and other PM2.5 sources, the commission has directed staff to not include potential PM2.5 emissions from the engines for this analysis. HCPHES disagrees with this assessment and believes that the TCEQ can develop its methodology to address these emissions from PM2.5. HCPHES stated that without including all potential emissions in the modeling, the protectiveness review is flawed and whether the standard permit is protective of the applicable PM10 and PM2.5 NAAQS is questionable.
The EPA has not completed the implementation of the PM2.5 National Ambient Air Quality Standards (NAAQS) for the NSR program. The EPA has provided interim guidance in a memorandum that the PM10 NAAQS will be the surrogate for demonstrating compliance with the PM2.5 NAAQS, EPA memorandum from John S. Seitz, Director of the Office of Air Quality Planning & Standards, dated October 23, 1997.
The commission reaffirmed on November 15, 2006, in the case of KBDJ L.P. for Permit Number 55480, the TCEQ would continue to use PM10 as a surrogate for PM2.5 until EPA fully implements the new PM2.5 NAAQS for the NSR program.
HCPHES also commented that the modeling report states that a low-level fugitive scaling factor of 0.6 was applied to the modeled emission rates for the area sources and the rationale is that it is consistent with TCEQ guidance for these types of sources. HCPHES asked for a reasoned technical and scientific basis for using a multiplier factor of 0.6 for fugitive emissions, which in essence reduces emissions by 40% in the emission rate calculations.
In a March 6, 2002, memorandum available at http://www.tceq.state.tx.us/assets/public/permitting/air/memos/modadjfact.pdf , the TCEQ documented and provided supporting references that explain the motivation, development, and rationale related to the adjustment of predicted concentrations from low-level sources with little vertical momentum or buoyancy flux. The procedure on how to apply the adjustment factor, background documentation, explanation of the technical justifications used, derivation of the adjustment factor, and a listing of supporting documentation are included in the ten-page March 6, 2002, memorandum.
HCPHES noted that the TCEQ's compliance history does not include violations documented by a local government that is not under contract with the TCEQ as a local program and requested that TCEQ include HCPHES violation notices as part of the compliance history when determining the issuance of this standard permit.
The input for determining the compliance history follows a complex formula that includes data determined by agency policy and rules. More specifically, TCEQ rules at 30 TAC §60.1(6) limit compliance histories to the components specified in this chapter. The components include, among other things, any final enforcement orders, court judgments, consent decrees, and criminal convictions of this state and the federal government relating to compliance with applicable legal requirements under the jurisdiction of the commission or the EPA and to the extent readily available to the executive director, final enforcement orders, court judgments, and criminal convictions relating to violations of environmental laws of other states. The components do not include violations documented by a local government that is not under contract with the TCEQ as a local program. Therefore, this information will not be considered in the review process for this standard permit.
HCPHES commented that, due to population density and incompatible land use issues, the residents of Harris County are particularly negatively impacted from the operation of rock and concrete crushers in close proximity to residences and businesses. Also, HCPHES requested that written site approval from local air programs having jurisdiction be granted before crushing operations are authorized to begin at a site. Additionally, HCPHES requested 21 calendar days to respond to requests for comments from the TCEQ.
The TCEQ's jurisdiction is established by the Legislature and is limited to the issues set forth in statute. Accordingly, the TCEQ does not have jurisdiction to consider facility location choices made by an applicant when determining whether to approve or deny a permit application, unless state law imposes specific distance limitations that are enforceable by the TCEQ. Zoning, land use, and population density are therefore beyond the authority of the TCEQ for consideration when reviewing air quality standard permit registrations. The applicant must meet all distance requirements for protectiveness and state law (statutory distance limits) regardless of type and nature of receptors. In addition, the air quality standard permit does not negate or affect the responsibility of the applicant to comply with any additional local requirements.
The form and concept of the standard permit results in a standardized set of requirements and conditions for use such that a case-by-case site evaluation is unnecessary provided that the applicant qualifies under the terms of the permit. The standard permit requires that a copy of the registration application form be provided to the regional office and local program with jurisdiction. Thus, a local program will be provided notice of the pending standard permit use, and can make any reviews deemed necessary. However, as the standard permit contains all the necessary site conditions for approval, any further written site approvals are unnecessary.
HCPHES requested that the TCEQ require permanent rock and concrete crushers be subject to the contested case hearing requirements of 30 TAC Chapter 39, Subchapter H.
Under TCEQ rules regarding public notice and applicability of contested case hearings, there is no opportunity for a contested case hearing for standard permits issued under Chapter 116. Specifically, the public notice applicability and general provisions found at 30 TAC §39.403(c)(5) states "Notwithstanding subsection (b) of this section, Subchapters H - M of this chapter (referring to applicability, public notice requirements and contested case hearings for different types of applications) do not apply to the following actions and other applications where notice or opportunity for contested case hearings are otherwise not required by law: (5) applications under Chapter 116, Subchapter F of this title (relating to Standard Permits)" In addition, TCEQ rules at 30 TAC §55.101(g)(9) state: "Subchapters D - G of this chapter (referring to public comment, requests for reconsideration and requests for contested case hearings) do not apply to air quality standard permits under Chapter 116 of this title (relating to Control of Air Pollution by Permits for New Construction or Modification)." Therefore, facilities to be authorized under this standard permit will not be subject to contested case hearing requirements.
HCPHES requested that the TCEQ require a consistent distance limitation of 440 yards throughout the entire standard permit rather than 440 yards for concrete crushing and 1,000 feet for rock crushing. It is the position of the HCPHES that the consistent distance limitation of 440 yards for all crushing activities (rock and concrete) will provide for more straightforward compliance and improve environmental public health.
The commission agrees with this comment. The set back required by condition (3)(C) has been changed from 1,000 feet to 440 yards.
HCPHES suggested the inclusion of concrete crushers in the list of facilities subject to the 550-foot distance requirement in condition (3)(D).
The commission agrees with this comment and is including the term concrete crusher in condition (3)(D).
HCPHES commented that, since the proposed standard permit contains requirements to meet EPA test methods (TMs) 9 and 22 as contained in 40 Code of Federal Regulations (CFR) Part 60 and both test methods require adequate illumination to perform the tests correctly, the restriction on operating hour requirement in condition (3)(H) should be changed to one hour before official sunset to one hour after official sunrise.
Although EPA TMs 9 and 22 are appropriate tools for evaluating PM emissions and making a determination of compliance, it is unreasonable to expect all facilities that may emit PM or be subject to a PM standard to operate only during those periods when TMs 9 and 22 may be made. It is reasonable to expect that facilities complying with the conditions of the standard permit during periods when TMs 9 and 22 observations are appropriate to continue to do so during those short periods when there is not sufficient illumination to perform an observation.
HCPHES requested that the TCEQ require that all in-plant roads and operating areas be paved with a cohesive, hard surface that is capable of being vacuumed.
Observations and technical evaluation of available documentation show that, if properly maintained, the best management practices (BMPs) proposed in this standard permit adequately control dust from traffic areas. These BMPs include covering, watering, application of dust-suppressant chemicals, or paving and cleaning. Requiring all facilities to pave would be an unnecessary financial burden on crusher owners.
TACA commented that it appreciates the TCEQ's recognition of the problems created by the ability of unscrupulous operators to stack permits in an effort to continue operating at a fixed site. The operational requirements as stated in condition (3)(G) of the proposed standard permit perceivably close the loophole and prohibit operators from applying for additional standard permits to operate another rock crusher on the site once the 2,640 operational hours have been exhausted.
The commission appreciates the support from TACA on this issue.
AGC commented that the definition of residence in condition (1)(A)(iii) refers to a permanent dwelling.
The commission agrees with the comment and is making the change to condition (1)(A)(iii) of this standard permit.
HCPHES requested that condition (3)(I) (requirement for a runtime meter) also require that the runtime meter be operating during crushing operations.
The commission agrees with this comment and is including a requirement that the runtime meter be operating in condition (3)(I).
HCPHES requested that staff provide calculated emissions rates for each source and the methodologies used in calculating emission rates along with technical bases for assumptions. Additionally, HCPHES would like specific information on the methodology, assumptions, and calculations used for road emissions.
Methodologies used in calculating the emission rates are based on the information supplied by the EPA in its Compilation of Air Pollutant Emissions Factors (AP-42), Chapter 11.19.2, Crushed Stone Processing and Pulverized Mineral Processing, which was last updated in August 2004. The methodology and assumptions used for the evaluation were the same as is currently used for all NSR permits and were documented in the Rock Crushing Plants guidance document and as a spreadsheet on the TCEQ Web site.
An initial assessment of road emissions was completed using EPA AP-42, Chapter 13.2.2, Unpaved Roads, which was updated in October 2001. To evaluate emissions, a number of variables need to be defined, including average weight of vehicles on the roads, distance traveled on the roads, average vehicle capacity, etc. For a standard permit that could be used in various locations and situations, it was difficult to determine what value to place on each of the variables available that would satisfy the majority of interested parties. Thus, for this standard permit, the decision was made to control the road emissions in the same manner as all NSR permits that require BMPs. As in all NSR permits, additional stipulations were included to ensure that visible emissions from all in-plant roads did not leave the property for a period exceeding 30 seconds in duration in any six-minute period as determined using EPA TM 22.
Calculated emission rates for each source are given in the table below.
Figure: Emission Sources and Emission Rates
Comments on the amendments to the Air Quality Standard Permit for Temporary Rock and Concrete Crushers
CSA commented that the rock for a public works project may not be found within the project right of way (ROW) and requested that condition 3(H) be revised to allow a crusher for a public works project to operate outside the ROW.
Because this condition gives special consideration regarding time on site to facilities crushing material for a public works project, the facility should be located within the ROW of, or immediately adjacent to, the project being serviced. Staff notes that condition (3)(H) allows the crusher to operate at a site that is contiguous to the ROW.
SCC commented that modeling does not support the stockpile height limitation in condition (1)(K) and that this restriction should be removed.
The stockpile height limitation is not the subject of any proposed changes or revisions and therefore this comment is beyond the scope of the proposed amendments.
BAQC commented that City of Houston personnel have repeatedly observed that few of the crushing operations consistently practice the full set of regulatory requirements necessary to reduce air emissions under the TCEQ permits program. This may result in nuisance conditions beyond the 440 yard set back requirement and BAQC requested that the setback be increased to 1,500 feet.
While this comment is beyond the scope of the proposed amendments, it is expected that owners or operators of facilities authorized under this standard permit comply with all of the conditions of the permit or be subject to potential enforcement action.
BAQC requested the inclusion of a requirement that trucks entering or leaving the facility be required to cover their load to prevent particulate emissions from the trucks.
This comment is beyond the scope of the proposed amendments. Additionally, the commission has no statutory authority over the emissions from mobile sources and the Texas Department of Transportation has regulations regarding the covering of open truck beds and trailers.
BAQC commented that compliance history should be a consideration in authorization of these facilities and should be considered grounds for revoking an authorization.
Condition (3)(G) specifies that a registration for this standard permit is subject to a compliance history review and an applicant classified as a poor performer will not be granted authorization under this standard permit. In addition, if after authorization is granted, the facility is found to be out of compliance with the terms and conditions of the standard permit, it will be subject to possible enforcement action.
HCPHES commented that it did not support the proposed change to condition (1)(E), which made the requirement consistent with BACT in that conveyors less than 300 feet long will not be required to have a cover.
The commission is not making a change based on this comment. The operation of conveyors less than 300 feet long without covers is consistent with current BACT for these facilities as required by the THSC. During the original protectiveness review for this standard permit, no reductions in the emissions calculations were taken for covering all conveyors. This protectiveness review determined that the 200-foot and 300-foot limits for Tier I and II crushers are protective in that off-property concentrations of particulate matter less than ten microns (PM10 ) would not exceed established effects screening levels and would not result in exceedances of the national ambient air quality standard for PM10.
BAQC and HCPHES requested that recordkeeping requirements include daily records of road cleaning activities and maintenance on abatement systems.
This comment is beyond the scope of the proposed amendments.
HCPHES requested that owners or operators of temporary crushing operations subject to the notification requirement in condition (2)(H) be required to notify local programs as well as the TCEQ regional office.
This comment is beyond the scope of the proposed amendments.
HCPHES commented that, due to population density and incompatible land use issues, the residents of Harris County are particularly negatively impacted from the operation of rock and concrete crushers in close proximity to residences and businesses. Also, HCPHES requested that written site approval from local air programs having jurisdiction be granted before crushing operations are authorized to begin at a site. Additionally, HCPHES requested 21 calendar days to respond to requests for comments from the TCEQ.
This comment is beyond the scope of the proposed amendments.
AGC commented that the definition of residence in condition (1)(A)(iii) refers to a permanent dwelling.
The commission agrees with the comment and is making the change to condition (1)(A)(iii) of this standard permit.
AGC requested to waive condition (1)(Q), which prohibits location of a rock crusher on a site with another crusher. AGC stated that, at a public works project, a secondary crusher may be needed.
This comment is beyond the scope of the proposed amendments; however, staff notes that condition (3)(D) allows a secondary crusher.
AGC commented that increased throughput for Tier II crushers would provide greater flexibility and requested increased rates of 350 tph and 450 tph in a tiered approach.
This comment is beyond the scope of the proposed amendments.
TRD-200803613
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 15, 2008
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 August 25, 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 August 25, 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: A & L Partners, LLC dba Hurst Food Mart; DOCKET NUMBER: 2006-1844-PST-E; TCEQ ID NUMBER: RN101539930; LOCATION: 1401 West Hurst Boulevard, Hurst, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline (station); RULES VIOLATED: 30 TAC §334.50(b)(1)(A), (2), (2)(A)(i)(III), and (d)(1)(B), and TWC, §26.3475(a) and (c)(1), by failing to monitor its underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); failing to accurately conduct manual or automatic monthly inventory control procedure for all USTs; failing to monitor the pressurized piping associated with the UST system in a manner designed to detect releases from any portion of the piping system; and failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §115.244(1) and (3), and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.248(1) and THSC, §382.085.(b), by failing to ensure that at least one station representative received training and instruction in the operation and maintenance of the Stage II vapor recovery system; 30 TAC §115.246(1) and (3) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and failing to make the records immediately available for review upon request by agency personnel; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct the required annual and triennial testing to verify proper operation of the Stage II equipment; 30 TAC §115.242(3)(J) and (9), and THSC, §382.085(b), by failing to maintain all components of the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board (CARB) Executive Order(s), and free of defects that would impair the effectiveness of the system; and 30 TAC §115.222(3) and §115.242(4), and THSC, §382.085(b), by failing to prevent the release of gasoline vapors from the Stage II vapor recovery system; PENALTY: $5,500; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Bilal Enterprises, Inc. dba 786 Truck Stop 1; DOCKET NUMBER: 2006-2033-PST-E; TCEQ ID NUMBER: RN101880607; LOCATION: 7122 Highway 59, Beasley, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Financial Account Number 0046217U for Fiscal Year 2006; PENALTY: $4,080; 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.
(3) COMPANY: Fox Tree & Landscape Nursery, Inc. dba Mother Earth Landscape Materials; DOCKET NUMBER: 2007-1841-MLM-E; TCEQ ID NUMBER: RN104751177; LOCATION: 3037 Farm-to-Market Road 665, Petronila, Nueces County, Texas; TYPE OF FACILITY: composting, brush recycling, concrete recycling, and sand and select fill mining operation; RULES VIOLATED: 30 TAC §328.5(b) and §330.11(e), by failing to submit to the Executive Director at least 90 days prior to engaging in recycling activities a Notice of Intent (NOI) to operate a recycling facility, and failing to submit a form or forms describing the types of materials being accepted for recycling, any storage of materials prior to recycling, how the materials will be recycled, and updates or changes to information contained in the facility report within 90 days of the effective date of the change; 30 TAC §328.5(c)(1), by failing to provide a written cost estimate showing the cost of hiring a third party to close the facility; 30 TAC §328.5(d) and §37.921, by failing to establish and maintain financial assurance for closure of a municipal solid waste recycling facility; 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; TWC, §26.121(a), by failing to obtain authorization to discharge storm water associated with an industrial activity through an individual permit or Multi-Sector General Permit; TWC, §116.602(a)(2), by failing to comply with the conditions of the Standard Permit for a Tier II Portable Rock Crusher; and 30 TAC §106.146(2), by failing to comply with the conditions of the Permit by Rule, Registration Number 76846 for the Soil Stabilization Plant; PENALTY: $18,721; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.
(4) COMPANY: Jerry Dean Harris; DOCKET NUMBER: 2007-1312-AGR-E; TCEQ ID NUMBER: RN102956455; LOCATION: approximately three miles south of Rising Star on County Road 441, Brown County, Texas; TYPE OF FACILITY: concentrated animal feeding operation (CAFO); RULES VIOLATED: 30 TAC §321.33(a), by failing to obtain authorization to operate a CAFO through a CAFO general permit or an individual water quality permit; PENALTY: $2,000; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(5) COMPANY: Jose Ibarra; DOCKET NUMBER: 2007-1989-MLM-E; TCEQ ID NUMBER: RN105338818; LOCATION: 2288 Nina Avenue, Brownsville, Cameron County, Texas; TYPE OF FACILITY: property; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent unauthorized disposal of municipal solid waste; and 30 TAC §330.15(a)(1) and TWC, §26.121, by failing to prevent the unauthorized discharge of municipal solid waste into or adjacent to the water of the state; PENALTY: $2,000; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Mason Ready Mix, Inc.; DOCKET NUMBER: 2005-0779-WQ-E; TCEQ ID NUMBER: RN103138731; LOCATION: 1451 Landfill Road in Mason, Mason County, Texas; TYPE OF FACILITY: concrete production facility; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(a), by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state through an individual industrial waste water permit or a Texas Pollutant Discharge Elimination System (TPDES) General Permit; PENALTY: $6,000; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(7) COMPANY: Red River Service Corporation; DOCKET NUMBER: 2008-0269-MSW-E; TCEQ ID NUMBER: RN104893631; LOCATION: 36861 FM 2480, Los Fresnos, Cameron County, Texas; TYPE OF FACILITY: registered recycling facility (Registration Number 100129) as well as a non-permitted municipal solid waste site; RULES VIOLATED: 30 TAC §328.5(f)(1), by failing to maintain records and documentation concerning limitations on storage of recyclable materials, source separation of materials received, and incidental non-recyclable waste; 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; and 30 TAC §330.7(a) and §330.103(b), by failing to prevent the unauthorized storage of municipal solid waste, and failing to ensure that all municipal solid waste collected is unloaded at facilities authorized to accept the waste; PENALTY: $9,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(8) COMPANY: San Antonio Disposal Interests, L.P. dba Target Brush and Grinding, LLC; DOCKET NUMBER: 2007-0679-MSW-E; TCEQ ID NUMBER: RN103760864; LOCATION: 24111 United States Highway 281 South in San Antonio, Bexar County, Texas; TYPE OF FACILITY: brush mulching operation; RULES VIOLATED: 30 TAC §328.5(b), by failing to notify the TCEQ prior to the commencement of new mulching and recycling operations; PENALTY: $3,060; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(9) COMPANY: T S Ranch & Retreat, Inc.; DOCKET NUMBER: 2007-1360-PWS-E; TCEQ ID NUMBER: RN104810619; LOCATION: 5950 Farm-to-Market Road 920, Weatherford, Parker County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.41(c)(3)(K), by failing to seal the wellhead with a gasket or a pliable, crack-resistant caulking compound and failing to cover the casing vent of the well with a 16-mesh or finer corrosion-resistant screening material; 30 TAC §290.42(l), by failing to compile and maintain an up-to-date Facility operations manual for operator review and reference; 30 TAC §290.43(c), by failing to maintain, design, fabricate, and erect, test and disinfect all facilities for potable water storage in strict accordance with American Water Works Association (AWWA) standards; 30 TAC §290.41(c)(3)(M), by failing to provide a suitable sampling cock on the well discharge line prior to treatment; 30 TAC §290.45(d)(2)(A)(ii) and THSC, §41.0315(c), by failing to provide minimum pressure tank capacity of 220 gallons; 30 TAC §290.46(d)(2)(A), by failing to maintain a free chlorine residual of 0.2 milligrams per liter (mg/L) throughout the distribution system at all times; 30 TAC §290.46(m)(1)(A), by failing to inspect the ground storage tank annually; 30 TAC §290.46(m)(1)(B), by failing to inspect the pressure tank annually; 30 TAC §290.121(a), by failing to maintain an up-to-date chemical and microbiological monitoring plan for the water system; 30 TAC §290.110(c)(5)(A), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once every seven days; 30 TAC §290.46(f)(3)(A)(ii) and (E)(i), by failing to maintain records of water works operation and maintenance activities; and 30 TAC §290.39(e), by failing to submit plans and specifications for the water system that have been prepared by a licensed, professional engineer for commission review and approval; PENALTY: $3,350; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Thunderbird Bay Water Services, Inc. dba Thunderbird Point Water System; DOCKET NUMBER: 2005-0546-PWS-E; TCEQ ID NUMBER: RN102686185; LOCATION: 1.3 miles east of Farm-to-Market Road 1520 and County Road 2318 in the Thunderbird Subdivision, Camp County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to have elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; 30 TAC §290.42(1), by failing to compile and maintain a thorough plant operations manual for operator review and reference; and 30 TAC §290.43(c)(4), by failing to equip the standpipe with a liquid level indicator located at the tank site; PENALTY: $1,890; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-200803602
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 15, 2008
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 August 25, 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 August 25, 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: Carol Bailey dba C&T Qunique Cleaners; DOCKET NUMBER: 2006-1146-DCL-E; TCEQ ID NUMBER: RN100879881; LOCATION: 3014 Callie Street, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code (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: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(2) COMPANY: Frank Lewis dba Lewis Service and Sales; DOCKET NUMBER: 2005-0970-PST-E; TCEQ ID NUMBER: RN101804144; LOCATION: 303 Highway 90 West, China, Jefferson County, Texas; TYPE OF FACILITY: gasoline station; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service the underground storage tank (UST) system, not later than 60 days after the prescribed upgrade implementation date; 30 TAC §334.54(d)(2), by failing to ensure that any residue from stored regulated substances which remained in the temporarily out of service UST system did not exceed a depth of 2.5 centimeters at the deepest point and did not exceed 0.3% by weight of the system at full capacity; 30 TAC §334.7(d)(3), by failing to provide an amended registration regarding USTs 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 became aware of the change or addition; 30 TAC §334.49(a) and TWC, §26.3475(d), by failing to provide proper corrosion protection for all USTs; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Financial Account Number 0020347U for Fiscal Year 1988 through Fiscal Year 2005; PENALTY: $18,975; STAFF ATTORNEY: Dinniah M. Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: Hank Cantu dba Hills of Texas Bulk Water; DOCKET NUMBER: 2007-1826-PWS-E; TCEQ ID NUMBER: RN103108452; LOCATION: 414 Gregg Drive, Spicewood, Burnet County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2) and §290.122(c)(2) and THSC, §341.033(d), by failing to collect any routine water samples for bacteriological analysis for the months of December 2006, January - April and June - August 2007 and failed to post the public notice of failure to conduct these samples; PENALTY: $3,640; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(4) COMPANY: IZR Corporation dba Garland Fina; DOCKET NUMBER: 2007-0409-PST-E; TCEQ ID NUMBER: RN101551299; LOCATION: 3101 Saturn Road, Garland, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; 30 TAC §115.242(3)(A)(i) and THSC, §382.085(b), by failing to provide and maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify the proper operation of the Stage II equipment; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative receives training and instruction in the operation and maintenance of the Stage II vapor recovery system; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.246(7)(A) and THSC, §382.085(b), by failing to maintain records on-site and then make them immediately available for review; 30 TAC §334.8(c)(5)(B)(ii) and TWC, §26.346(a), by failing to renew a delivery certificate; PENALTY: $11,102; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Socorro Alvarado; DOCKET NUMBER: 2007-0254-PST-E; TCEQ ID NUMBER: RN101775518; LOCATION: 301 East Austin Street, Kermit, Winkler County, Texas; TYPE OF FACILITY: USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with upgrade requirements; PENALTY: $7,875; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(6) COMPANY: Stoneridge Custom Homes, Inc.; DOCKET NUMBER: 2007-1682-WQ-E; TCEQ ID NUMBER: RN105348981; LOCATION: a lot near the corner of Delaware and Chesapeake in the Twin Creeks Estates Phase IV, Mansfield, Tarrant County, Texas; TYPE OF FACILITY: construction site for a residential housing development; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to develop and implement a storm water pollution prevention plan (SWP3) and obtain permit coverage to discharge storm water at the site; PENALTY: $4,000; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: William M. James; DOCKET NUMBER: 2007-1744-PST-E; TCEQ ID NUMBER: RN101562858; LOCATION: 123 East Crockett Street, Gordon, Palo Pinto County, Texas; TYPE OF FACILITY: owner-owned property with two inactive USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; PENALTY: $6,300; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Wilmer Powell; DOCKET NUMBER: 2007-0981-MLM-E; TCEQ ID NUMBER: RN102997939; LOCATION: 196 Dunaway Drive, Trinity, Trinity County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste transfer station; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the prohibition on outdoor burning; and 30 TAC §330.11(g) and §330.5, by failing to notify the TCEQ of the intended operation of a low-volume transfer station; PENALTY: $3,150; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-200803603
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 15, 2008
The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 25, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/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 S/DO is not required to be published if those changes are made in response to written comments.
A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 25, 2008. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DO and/or the comment procedure at the listed phone number; however, comments on the S/DO shall be submitted to the commission in writing.
(1) COMPANY: Almeda, Inc. dba Downtown Tiger Mart; DOCKET NUMBER: 2006-1727-PST-E; TCEQ ID NUMBER: RN102532081; LOCATION: 2111 Fannin Street, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline (facility); RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.50(d)(1)(B)(iii)(I) and TWC, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances as a motor fuel; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued TCEQ delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date of the delivery certificate; 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current, TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs at the facility; PENALTY: $55,080; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
TRD-200803601
Kathleen C. Decker
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: July 15, 2008
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed repeals and additions to 30 Texas Administrative Code (TAC) Chapter 299, Dams and Reservoirs.
The proposed rulemaking would repeal the existing rules. The proposed rules relate to dam: design; construction plans and specifications; construction; operation and maintenance; inspections; removal; emergency management; and site security. The proposed rules update existing criteria to make them more consistent with current engineering practices. The proposed rules add requirements for emergency action plans, gate operating plans, security plans, and better defines the dam owner responsibilities. The proposed rules require new dams to meet certain design standards and requires additional nonstructural requirements of existing dams.
A public hearing on this proposal will be held in Austin on August 19, 2008, at 10:00 a.m. at the Texas Commission on Environmental Quality complex at 12100 Park 35 Circle in Building E, Room 201S. 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 Michael Parrish at (512) 239-2548. Requests should be made as far in advance as possible.
Comments may be submitted to Michael Parrish, 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 2008-005-299-CE. The comment period closes August 25, 2008. To view ruless, please visit http://www.tceq.state.tx.us/nav/ruless/propose_adopt.html . For further information or questions concerning this proposal, please contact Warren Samuelson, Field Operations Support Division, at (512) 239-5195.
TRD-200803573
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: July 11, 2008
The following notices were issued during the period of July 3, 2008 through July 10, 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
AQUA DEVELOPMENT INC has applied to for a renewal of TPDES Permit No. WQ0014279001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located approximately 1.10 miles north of the intersection of State Highway 288 and Farm-to-Market Road 1462 in Brazoria County, Texas.
BELLA VISTA DRIPPING LP has applied for a new permit, Proposed Permit No. WQ0014866001, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 5.75 acres. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 23,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 5.28 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility will be located 2,080 feet west of Bell Springs Road (County Road 169) at a point approximately 2.5 miles north of the intersection of West Highway 290 and Bell Springs Road in the Bella Vista Subdivision in Hays County, Texas. The disposal areas will be located in multiple areas throughout the Bella Vista Subdivision, located approximately 2.2 miles north of the intersection of West Highway 290 and Bell Springs Road in Hays County, Texas.
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO 29 has applied for a renewal of TPDES Permit No. WQ0014253001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 1,200 feet southwest of the intersection of County Road 405 and State Highway 288 in Brazoria County, Texas.
BROWNSVILLE NAVIGATION DISTRICT which operates Fishing Harbor Wastewater Treatment Plant, a publicly owned treatment works which receives and treats domestic wastewater, bilge water, and wastewater from shrimp processing facilities has applied for a renewal of TPDES Permit No. WQ0002817000, which authorizes the discharge of treated domestic wastewater, shrimp processing wastewater, shrimp boat bilge water, and storm water at a daily average flow not to exceed 250,000 gallons per day via Outfall 001. The facility is located on the south side of State Highway 48, approximately 5.4 miles east of the intersection of State Highway 48 and Farm-to-Market Road 511, northeast of the City of Brownsville, Cameron County, Texas.
CITY OF CLYDE has applied for a renewal of TPDES Permit No. WQ0010149001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 593,000 gallons per day. The facility is located approximately 0.72 mile south of the intersection of Farm-to-Market Roads 18 and 2700 in Callahan County, Texas.
CITY OF HAWKINS P.O. Box 329, Hawkins, Texas 75765-0329, has applied for a renewal of Permit No. WQ0004546000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 20.996 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located approximately 1,500 feet west of Farm-to-Market Road 14 at a point approximately 6,500 feet north of the intersection of U.S. Highway 80 and Farm-to-Market Road 14 in Wood County, Texas.
GALVESTON COUNTY FRESH WATER SUPPLY DISTRICT NO 6 has applied for a renewal of TPDES Permit No. WQ0010879001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility is located on the eastern end of Wilson Point in West Bay in Galveston County, Texas.
GRAND MISSION MUNICIPAL UTILITY DISTRICT NO 1 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014231001 to authorize the discharge of treated domestic wastewater at an interim annual average flow not to exceed 1,600,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 0.9 mile south and 0.5 mile west of the intersection of Farm-to-Market Road 1093 and Harlem Road in Fort Bend County, Texas.
PL PROPYLENE LLC which operates a petrochemical plant manufacturing ethylene, propylene, crude butadiene, and crude benzene (dripoline), has applied for a renewal of TPDES Permit No. WQ0000393000, which authorizes the discharge of process wastewater and utility wastewaters, hydrostatic test water, and storm water at a daily average flow not to exceed 1,500,000 gallons per day via Outfall 001; and storm water following first flush and incidental discharges of process wastewater, utility wastewater, and hydrostatic test water on an intermittent and flow variable basis via Outfall 002. The facility is located at 9822 La Porte Freeway in the City of Houston, Harris County, Texas.
NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 5 has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011824003, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0011824001 which expired February 01, 2008. The facility is located at 14950 Cypress Green Drive, approximately 0.5 mile east of the intersection of Spring Cypress Road and Telge Road in Harris County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200803635
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 16, 2008
Notices issued July 9, 2008.
APPLICATION NO. 08-2319B; The City of Saint Jo, Applicant, P.O. Box 186, Saint Jo, Texas 76265, has applied for an amendment to Certificate of Adjudication No. 08-2319 to add industrial use to the authorized 330 acre-feet of water per year from the Elm Fork Trinity River, Trinity River Basin in Montague County. More information on the application and how to participate in the permitting process is given below. The application and fees were received on June 20, 2007. Additional information and fees were received on August 6, 2007, October 16, 2007, and May 9, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on August 8, 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.
APPLICATION NO. 12239; Seminole Development Corporation, Applicant, 6504 Bridgepoint Parkway, Suite 200, Austin, Texas 78730, has applied for a Water Use Permit to construct and maintain a reservoir for in-place recreation purposes as part of a flood control structure on an unnamed tributary of Cottonwood Branch, Trinity River Basin in Denton County. More information on the application and how to participate in the permitting process is given below. The application and fees were received on July 25, 2007, and additional information and fees were received on September 28, 2007, December 7, 2007, January 25, 2008, and June 16, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on January 30, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment, and is not a contested case hearing.
The Executive Director can consider approval of an application unless a written request for a contested case hearing is filed. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any: (2) applicant's name and permit number; (3) the statement "I/we request a contested case hearing;" and (4) a brief and specific description of how you would be affected by the application in a way not common to the general public. You may also submit any proposed conditions to the requested application which would satisfy your concerns. Requests for a contested case hearing must be submitted in writing to the TCEQ Office of the Chief Clerk at the address provided in the information section below.
If a hearing request is filed, the Executive Director will not issue the requested permit and may forward the application and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.
Written hearing requests, public comments or requests for a public meeting should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Office of Public Assistance at 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200803636
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 16, 2008
The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality (commission) on July 15, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Chester Hermes; SOAH Docket No. 582-08-0163; TCEQ Docket No. 2007-0452-MSW-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Chester Hermes 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 Melissa Chao, Office of the Chief Clerk, (512) 239-3300.
TRD-200803637
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: July 16, 2008
Request for Proposals #303-8-11691-A
The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-11691-A. TFC seeks a ten (10) year lease of approximately 9,175 square feet of office space in Athens, Henderson County, Texas.
The deadline for questions is August 1, 2008; and the deadline for proposals is August 8, 2008 at 3:00 p.m. The award date is September 17, 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 an 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=77805.
TRD-200803611
Kay Molina
General Counsel
Texas Facilities Commission
Filed: July 15, 2008
Correction of Amendment to the Women's Health Program
The Texas Health and Human Services Commission (HHSC) published a public notice regarding an amendment to the Women's Health Program (WHP) demonstration waiver in the July 4, 2008, issue of the Texas Register (33 TexReg 5406). The notice incorrectly stated that HHSC was requesting an October 1, 2008, effective date. The correct notice should be as follows:
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Women's Health Program (WHP) demonstration waiver, which is a Medicaid family planning waiver under the authority of §1115 of the Social Security Act. The proposed effective date of this amendment is November 1, 2008.
The WHP provides family planning services for uninsured women, ages 18 through 44, who are not otherwise eligible for Medicaid, the State Children's Health Insurance Program, or Medicare, and have a family income at or below 185 percent of the Federal Poverty Level. The waiver program is authorized under Human Resources Code §32.0248, which lists the general categories of services which may be covered under the program.
The waiver amendment proposes to include the following new benefits and procedure codes under the program:
1) One code for a new office client visit;
2) Two codes for the ultrasound exam of the abdomen (to locate a missing intrauterine device);
3) One code for the ultrasound of an extremity (to locate a missing implanted contraceptive rod in the arm, brand name Implanon);
4) Four new contraceptive method codes related to the implanted contraceptive rod, brand name Implanon;
5) Four new lab test codes: a) Thyroid Stimulating Hormone (to rule out thyroid problems when a woman has missed her period for several months), b) Three Herpes tests; and
6) Three codes related to Essure, a non-surgical sterilization method.
These specific benefits are allowable under the general categories of services provided under the current waiver and under Human Resources Code §32.0248. These additional benefits will make WHP coverage more similar to the family planning services offered through the Department of State Health Services family planning programs funded through Titles V and XX of the Social Security Act and Title X of the Public Health Service Act.
This amendment to the demonstration waiver will maintain budget neutrality for each year that the waiver is in effect. The waiver has been approved for a five-year period from 2007 through 2011.
To obtain copies of the waiver amendment, or to make comments on this waiver amendment, interested parties may contact Carmen Samilpa-Hernandez by mail at Health and Human Services Commission, P.O. Box 85200, H-620, Austin, Texas 78708-5200; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200803533
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 9, 2008
The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the Integrated Care Management (ICM) 1915(c) waiver. The ICM waiver program is currently approved for the three year period beginning February 1, 2008, and ending January 31, 2011. The amendment is proposed to take effect on October 1, 2008.
The ICM waiver program offers eligible participants a wide variety of community-based services that support the participant remaining in the community. Services are offered in the participant's home, an adult foster care home, or a licensed assisted living facility. Services are delivered using both provider managed and participant-directed service delivery methods. Personal assistance services and respite are available using either the provider managed or participant-directed methods; other services are delivered using the provider-managed method.
The program operates in the Dallas and Fort Worth service areas. The Dallas service area consists of Collin, Dallas, Ellis, Hunt, Kaufman, Navarro, and Rockwell counties. The Tarrant service area consists of Denton, Hood, Johnson, Parker, Tarrant, and Wise counties.
In general, adults (age 21 and over) receiving Supplemental Security Income (SSI), adults who are considered SSI-related adults, and adults receiving medical assistance only are eligible to participate in the program unless identified as an excluded population. Individuals receiving SSI who are dually eligible for Medicaid and Medicare are eligible for the ICM program.
The amendment removes the prohibition on provision of "routine" dental services and allows the Texas Department of Aging and Disability Services to grant an exemption to the $5,000 annual dental service limit up to $10,000 annually.
HHSC is requesting that the waiver amendment be approved for the period beginning October 1, 2008, through January 31, 2011. This amendment maintains cost neutrality for waiver years 2008 through 2011.
To obtain copies of the proposed waiver amendment, interested parties may contact Carmen Samilpa-Hernandez by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1128, fax (512) 491-1953, or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200803538
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 10, 2008
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective July 1, 2008.
The proposed amendment adds language to the state plan that identifies the HHSC website at which providers can access fee schedules and rates and adds a statement regarding the difference in fees and rates related to government providers and private providers. The proposed amendment is estimated to result in no additional annual expenditure.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Carolyn Pratt, Rate Analyst, Rate Analysis Department, by mail at the Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1175; by facsimile at (512) 491-1998; or by e-mail at carolyn.pratt@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200803543
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 11, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective August 1, 2008, through July 31, 2009.
The proposed amendment will adjust payment rates for the Day Activity and Health Services programs to increase attendant compensation as necessary to comply with the new federal minimum wage that will increase $0.70 from the current $5.85 per hour to $6.55 per hour on July 24, 2008.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $107,104 for a portion of federal fiscal year (FFY) 2008 (August 1, 2008, through September 30, 2008), with approximately $64,862 of additional costs in federal funds and approximately $42,242 of additional costs in state general revenue; and aggregate expenditures of $545,662 for a portion of FFY 2009 (October 1, 2008 through July 31, 2009), with approximately $324,341 of additional costs in federal funds and approximately $221,321 of additional costs in state general revenue.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Sarah Hambrick by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1431; by facsimile at (512) 491-1998; or by e-mail at sarah.hambrick@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200803624
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 16, 2008
The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective August 1, 2008, through July 31, 2009.
The proposed amendment will adjust payment rates for the Primary Home Care program to increase attendant compensation as necessary to comply with the new federal minimum wage that will increase $0.70 from the current $5.85 per hour to $6.55 per hour on July 24, 2008.
The proposed amendment is estimated to result in additional annual aggregate expenditures of $10,205,063 for the remainder of federal fiscal year (FFY) 2008 (August 1, 2008, through September 30, 2008), with approximately $6,180,186 of additional costs in federal funds and approximately $4,024,877 of additional costs in state general revenue. The proposed amendment is estimated to result in additional aggregate expenditures of $52,372,847 for the applicable portion of FFY 2009 (October 1, 2008, through July 31, 2009), with approximately $31,130,420 of additional costs in federal funds and approximately $21,242,427 of additional costs in state general revenue.
To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Sarah Hambrick by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1431; by facsimile at (512) 491-1998; or by e-mail at sarah.hambrick@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.
TRD-200803626
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: July 16, 2008
Request for Proposals: Facilitation of Implementation of College Readiness Standards
PURPOSE: Section 61.0761 directs the P-16 Council to develop a P-16 College Readiness and Success Strategic Plan to "increase student success and decrease the number of students enrolling in developmental course work in institutions of higher education." This plan was approved by the P-16 Council in May 2007 and by the Texas Higher Education Coordinating Board (THECB) at its January 2008 meeting. Objective 5 of the plan calls for the THECB to "increase college readiness and a college going culture."
The THECB, an agency of the State of Texas, is requesting proposals from qualified applicants as outlined in this document. This Request for Proposals (hereinafter referred to as RFP) is being advertised pursuant to the Texas Government Code, Chapter 2254 et seq. (http://tlo2.tlc.state.tx.us/statutes/gv.toc.htm). Please read this entire RFP and submit your proposal in accordance with these instructions.
The purpose of this RFP is to solicit proposals from Qualified Applicants to accomplish the following projects:
1. Develop, implement and analyze a structured review process of Texas course syllabi, assignments, and student work of representative career and technical college courses to determine how thoroughly the Texas College Readiness Standards (CRS) are addressed. Upon completion of the analysis and the selection of representative courses, the awarded applicant will report to the Board and THECB staff.
2. Design, plan, and implement a series of 13 regional workshops to be completed no later than November 2008 to support the promotion and implementation of the CRS adopted by the Coordinating Board in January 2008 and the Commissioner of Education in April 2008.
The workshops must utilize the CRS as a framework for strengthening alignment between high schools and colleges in Texas. The design of the workshop structure and content must be developed in partnership with THECB staff as well as planning the logistical elements of the workshops, including locations and facilities, materials, facilitators, publicity, liaison roles, organizational elements, documentation and follow-up provisions, travel and lodging arrangements, and all other elements necessary to be prepared to offer the workshops.
The work covered in this proposal is related to services being provided to the THECB under an existing contract with the Educational Policy Improvement Center of Eugene, Oregon (EPIC). THECB intends to award the contract to EPIC unless a better offer is received.
AWARD OF CONTRACT: Contract will be negotiated with an entity that is selected from among the Applicants that are determined through the evaluation process to have a successful Proposal. Submission of a Proposal confers no rights of Applicant to an award or to a subsequent Contract, if there is one. The issuance of this RFP does not guarantee that a Contract will ever be awarded. THECB reserves the right to amend the terms and provisions of the RFP, negotiate with Applicant, add, delete, or modify the Contract and/or the terms of Proposal submitted, extend the deadline for submission of Proposal, or withdraw the RFP entirely for any reason solely at THECB's discretion. An individual Proposal may be rejected if it fails to meet any requirement of this RFP. THECB may seek clarification from Applicant at any time, and failure to respond within a reasonable time frame is cause for rejection of a Proposal.
INQUIRIES: All inquiries shall be directed to Laurie Frederick, Program Specialist, at Laurie.Frederick@thecb.state.tx.us. Applicant must not discuss a Proposal with any other THECB employee unless authorized by one of the Points of Contact. Questions must be submitted in writing and received no later than August 8, 2008 at 5:00 p.m. C.S.T. All responses by THECB must be in writing in order to be binding. Any information deemed by THECB to be important and of general interest or which modify requirements shall be sent to all recipients of the RFP in the form of an addendum.
CLOSING DATE: August 15, 2008
TRD-200803598
Bill Franz
General Counsel
Texas Higher Education Coordinating Board
Filed: July 15, 2008
Application to change the name of SCOR LIFE INSURANCE COMPANY to LONGEVITY INSURANCE COMPANY, a domestic life, accident and/or health company. The home office is in Plano, Texas.
Application to change the name of EXCESS REINSURANCE COMPANY to KNIGHTBROOK INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Wilmington, Delaware.
Application for incorporation to the State of Texas by GREEN HEDGES INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Austin, Texas.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200803633
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: July 16, 2008
Vacancy on Advisory Board on Barbering
The Texas Department of Licensing and Regulation (Department) announces a vacancy on the Advisory Board on Barbering established by Texas Occupations Code, Chapter 1601. The pertinent rules may be found in 16 TAC §82.65. The purpose of the Advisory Board on Barbering is to advise the Texas Commission of Licensing and Regulation (Commission) and the Department on: education and curricula for applicants; the content of examinations; proposed rules and standards on technical issues related to barbering; and other issues affecting barbering.
The Board is composed of five members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of two members who are engaged in the practice of barbering as a Class A barber and do not hold a barbershop permit; two members who are a barbershop owner and hold a barbershop permit; and one member who holds a permit to conduct or operate a barber school. Members serve staggered six-year terms, with the terms of one or two members expiring on the same date each odd-numbered year. This announcement is for one position of a Class A barber who does not hold a barbershop permit.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 463-6599, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.
TRD-200803605
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 15, 2008
The Texas Department of Licensing and Regulation (Department) announces two vacancies on the Board of Boiler Rules established by Texas Health and Safety Code, Chapter 755. The pertinent rules may be found in 16 TAC §65.65. The purpose of the Board of Boiler Rules is to advise the Texas Commission of Licensing and Regulation (Commission) in the adoption of definitions and rules relating to the safe construction, installation, inspection, operating limits, alteration, and repair of boilers and their appurtenances.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of three members representing persons who own or use boilers in this state; three members representing companies that insure boilers in this state; one member representing boiler manufacturers or installers; one member representing organizations that repair or alter boilers in this state; and one member representing a labor union. Members serve staggered six-year terms, with the terms of three members expiring January 31 of each odd-numbered year. This announcement is for the positions of a manufacturer or installer of boilers in this state, and a member representing companies that insure boilers in this state.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.
TRD-200803606
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 15, 2008
The Texas Department of Licensing and Regulation (Department) announces eight vacancies on the Elevator Advisory Board established by Texas Health and Safety Code, Chapter 754. The pertinent rules may be found in 16 TAC §74.65. The purpose of the Elevator Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) on the adoption of appropriate standards for the installation, alteration, operation and inspection of equipment; the status of equipment used by the public in this state; sources of information relating to equipment safety; public awareness programs related to elevator safety, including programs for sellers and buyers of single-family dwellings with elevators, chairlifts, or platform lifts; and any other matter considered relevant by the Commission.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of a representative of the insurance industry or a certified elevator inspector; a representative of equipment constructors; a representative of owners or managers of a building having fewer than six stories and having equipment; a representative of owners or managers of a building having six stories or more and having equipment; a representative of independent equipment maintenance companies; a representative of equipment manufacturers; a licensed or registered engineer or architect; a public member; and a public member with a physical disability. Members serve at the will of the Commission. This announcement is for the following positions: a representative of equipment constructors; a representative of owners or managers of a building having fewer than six stories and having equipment; a representative of owners or managers of a building having six stories or more and having equipment; a representative of independent equipment maintenance companies; a representative of equipment manufacturers a licensed or registered engineer or architect; a public member; and a public member with a physical disability.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us. Applicants may be asked to appear for an interview, however any required travel for an interview would be at the applicant's expense.
TRD-200803609
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 15, 2008
The Texas Department of Licensing and Regulation (Department) announces four vacancies on the Licensed Court Interpreter Advisory Board established by Texas Government Code, Chapter 57. The purpose of the Licensed Court Interpreter Advisory Board is to advise the Texas Commission of Licensing and Regulation (Commission) in adopting rules and designing a licensing examination.
The Board is composed of nine members appointed by the presiding officer of the Commission, with the Commission's approval. The Board consists of an active district, county, or statutory county court judge who has been a judge for at least the three years preceding the date of appointment; an active court administrator who has been a court administrator for at least the three years preceding the date of appointment; an active attorney who has been a practicing member of the state bar for at least the three years preceding the date of appointment; three active licensed court interpreters; and three public members who are residents of this state. Members serve staggered six-year terms with the terms of one third of the members expiring on February 1, of each odd numbered year. This announcement is for following positions: two active licensed court interpreters; and two public members who are residents of this state.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.
TRD-200803607
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 15, 2008
The Texas Department of Licensing and Regulation (Department) announces two vacancies on the Medical Advisory Committee established by Texas Occupations Code, Chapter 2052. The pertinent rules may be found in 16 TAC §61.120. The purpose of the Medical Advisory Committee is to advise the Texas Commission of Licensing and Regulation (Commission) on health issues for boxing event contestants including physical tests for contestants and registration requirements for ringside physicians.
The Committee is composed of seven members appointed by the presiding officer of the Commission, with the Commission's approval. The Committee consists of four medical doctors licensed by the State of Texas; one emergency medical technician; and two public members. Members serve at the will of the Commission. This announcement is for two medical doctors licensed by the State of Texas.
Interested persons should request an application from the Texas Department of Licensing and Regulation by telephone (512) 475-4765, fax (512) 475-2874 or e-mail advisory.boards@license.state.tx.us. Applications may also be downloaded from the Department's website at: www.license.state.tx.us.
Applicants may be asked to appear for an interview; however any required travel for an interview would be at the applicant's expense.
TRD-200803608
William H. Kuntz, Jr.
Executive Director
Texas Department of Licensing and Regulation
Filed: July 15, 2008
Instant Game Number 1085 "King Tut's Treasures"
1.0 Name and Style of Game.
A. The name of Instant Game No. 1085 is "KING TUT'S TREASURES". The play style is "maze coordinate".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1085 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1085.
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: BAR SYMBOL, EYE SYMBOL, SNAKE SYMBOL, LION SYMBOL, ANKH SYMBOL, CAT SYMBOL, CAMEL SYMBOL, PYRAMID SYMBOL, A2, A3, A4, A5, A6, B1, B2, B3, B4, B5, B6, C1, C2, C3, C4, C5, C6, D1, D2, D3, D4, D5, D6, E1, E2, E3, E4, E5, E6, F1, F2, F3, F4, F5 and F6.
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. 1085 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $100.
H. High-Tier Prize - A prize of $1,000 or $50,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1085), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 75 within each pack. The format will be: 1085-0000001-001.
K. Pack - A pack of "KING TUT'S TREASURES" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "KING TUT'S TREASURES" Instant Game No. 1085 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 "KING TUT'S TREASURES" Instant Game is determined once the latex on the ticket is scratched off to expose 36 (thirty-six) Play Symbols. A player must only scratch one box at a time. The player must scratch the box labeled START HERE first. The player must then follow the instructions in each GO TO coordinate revealed and continue until the "pyramid" symbol appears. If the player matched 3 symbols in the revealed boxes, the player wins the prize shown in the legend. 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 36 (thirty-six) 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 36 (thirty-six) 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 36 (thirty-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 36 (thirty-six) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The starting position will always be A1.
C. There will be either two or three of each GO TO LEGEND play symbol on each ticket, excluding the GAME OVER play symbol.
D. There will be exactly one GAME OVER play symbol on each ticket.
E. There will be no more than six non-symbol squares opened scratched consecutively.
F. There will be a minimum of nineteen and a maximum of twenty-five squares revealed on a ticket.
G. The final winning space will be opened no more than seven spaces before the GAME OVER play symbol.
H. The GAME OVER play symbol may appear on any coordinate with the exception of the A1 square.
I. There will be no duplicate GO TO play symbols on a ticket regardless if it has a legend symbol or not.
2.3 Procedure for Claiming Prizes.
A. To claim a "KING TUT'S TREASURES" Instant Game prize of $5.00, $10.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "KING TUT'S TREASURES" Instant Game prize of $1,000 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 "KING TUT'S TREASURES" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "KING TUT'S TREASURES" 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 "KING TUT'S TREASURES" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1085. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1085 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. 1085, 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-200803537
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 10, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1104 is "JUMBO BUCKS II". The play style is "key number match with doubler".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1104 shall be $2.00 per ticket.
1.2 Definitions in Instant Game No. 1104.
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, JUMBO SYMBOL, $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, $200, $2,000 and $20,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1104 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $2.00, $4.00, $5.00, $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00 or $200.
H. High-Tier Prize - A prize of $2,000 or $20,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1104), 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: 1104-0000001-001.
K. Pack - A pack of "JUMBO BUCKS II" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of two (2). One ticket will be folded over to expose a front and back of one ticket on each pack. Please note the books will be in an A, B, C and D configuration.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JUMBO BUCKS II" Instant Game No. 1104 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 "JUMBO BUCKS II" Instant Game is determined once the latex on the ticket is scratched off to expose 22 (twenty-two) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to either SERIAL NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "JUMBO" play symbol, the player wins DOUBLE the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 22 (twenty-two) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 22 (twenty-two) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 22 (twenty-two) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 22 (twenty-two) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "JUMBO" (doubler) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than two (2) matching non-winning prize symbols will appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "JUMBO BUCKS II" Instant Game prize of $2.00, $4.00, $5.00, $10.00, $20.00, $50.00, or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, 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 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "JUMBO BUCKS II" Instant Game prize of $2,000 or $20,000, 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 "JUMBO BUCKS II" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "JUMBO BUCKS II" 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 "JUMBO BUCKS II" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 8,040,000 tickets in the Instant Game No. 1104. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1104 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. 1104, 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-200803590
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 14, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1105 is "GIANT JUMBO BUCKS II". The play style is "key number match with auto win (5X)".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1105 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1105.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, JUMBO SYMBOL, $5.00, $10.00, $15.00, $20.00, $25.00, $40.00, $50.00, $100, $500, $1,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1105 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $500.
H. High-Tier Prize - A prize of $1,000, $5,000 or $50,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1105), 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: 1105-0000001-001.
K. Pack - A pack of "GIANT JUMBO BUCKS II" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "GIANT JUMBO BUCKS II" Instant Game No. 1105 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "GIANT JUMBO BUCKS II" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any SERIAL NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "JUMBO" play symbol, the player wins 5 TIMES the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 44 (forty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 44 (forty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 44 (forty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 44 (forty four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "JUMBO" (win x 5) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than three (3) matching non-winning prize symbols will appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "GIANT JUMBO BUCKS II" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $50.00, $100 or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "GIANT JUMBO BUCKS II" Instant Game prize of $1,000, $5,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "GIANT JUMBO BUCKS II" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "GIANT JUMBO BUCKS II" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "GIANT JUMBO BUCKS II" 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 6,000,000 tickets in the Instant Game No. 1105. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1105 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. 1105, 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-200803591
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 14, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1106 is "MEGA JUMBO BUCKS II". The play style is "key number match with auto win (10X)".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1106 shall be $10.00 per ticket.
1.2 Definitions in Instant Game No. 1106.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, JUMBO SYMBOL, $10.00, $20.00, $50.00, $100, $200, $500, $1,000, $2,500 and $100,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
Figure 1: GAME NO. 1106 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $10.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100, $200 or $500.
H. High-Tier Prize - A prize of $1,000, $2,500 or $100,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1106), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 050 within each pack. The format will be: 1106-0000001-001.
K. Pack - A pack of "MEGA JUMBO BUCKS II" Instant Game tickets contains 050 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 050 while the other fold will show the back of 001 and front 050.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "MEGA JUMBO BUCKS II" Instant Game No. 1106 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "MEGA JUMBO BUCKS II" Instant Game is determined once the latex on the ticket is scratched off to expose 54 (fifty-four) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any SERIAL NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "JUMBO" play symbol, the player wins 10 TIMES the PRIZE shown for that symbol. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 54 (fifty-four) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 54 (fifty-four) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
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 54 (fifty-four) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 54 (fifty-four) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "JUMBO" (win x 10) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No more than four (4) duplicate non-winning prize symbols will appear on a ticket.
D. No duplicate SERIAL NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 10 and $10).
H. The top prize symbol will appear on every ticket unless otherwise restricted.
2.3 Procedure for Claiming Prizes.
A. To claim a "MEGA JUMBO BUCKS II" Instant Game prize of $10.00, $20.00, $50.00, $100, $200, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00, $100, $200 or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "MEGA JUMBO BUCKS II" Instant Game prize of $1,000, $2,500 or $100,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "MEGA JUMBO BUCKS II" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "MEGA JUMBO BUCKS II" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "MEGA JUMBO BUCKS II" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 3,000,000 tickets in the Instant Game No. 1106. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1106 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. 1106, 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-200803592
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: July 14, 2008
In accordance with §2254.030 of the Texas Government Code, the Texas Department of Public Safety (TXDPS) announces the award of the contract pursuant to Request for Qualifications to Study the Management and Organizational Structure of the Texas Department of Public Safety (RFQ #405-HQ8-9081), which was published in the May 16, 2008, issue of the Texas Register (33 TexReg 4038).
A description of the work to be performed under the contract:
Deloitte Consulting LLP will provide TXDPS with an independent, top-down study of TXDPS to optimize performance, improve quality, promote the effective and efficient use of resources, and assist in the identification of future resource needs. The deadline for the final written report is September 29, 2008. Deloitte Consulting LLP will present the final written report at the October meeting of the Public Safety Commission.
Name and business address of the consultant selected:
Deloitte Consulting LLP 111 S. Wacker Drive Chicago, IL 60606
The amount of the contract:
$950,752.00
Beginning and ending dates of the contract:
The contract became effective July 11, 2008.
The contract expires 120 days after Deloitte Consulting LLP makes its presentation at the Texas Public Safety Commission meeting in October or at the next monthly meeting if the October meeting is cancelled. Upon mutual agreement between the parties and approval by the appropriate state entities, the parties may renew the contract up to one year in one or more monthly increments.
Date for completion of work to be performed:
The final written report is due by 3:00 p.m. on September 29, 2008. Deloitte Consulting LLP must present the final written report at the Texas Public Safety Commission meeting in October or at the next monthly meeting if the October meeting is cancelled.
TRD-200803632
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Filed: July 16, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on July 7, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Marcus Cable Associates, L.L.C. d/b/a Charter Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35852 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City of Corinth, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35852.
TRD-200803544
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2008
Notice is given to the public of an application filed on July 9, 2008, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary in Fort Bend County, Texas.
Docket Style and Number: Application of AT&T Texas to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of the Valley Lodge and Richmond-Rosenberg Exchanges. Docket Number 35858.
The Application: The minor boundary amendment is being filed to transfer a small portion, which includes Cross Creek Ranch development, from AT&T's Valley Lodge exchange to the Richmond-Rosenberg exchange. The proposed amendment will allow AT&T to more efficiently provide service in the area.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 1, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) at 1-800-735-2989. All comments should reference Docket Number 35858.
TRD-200803547
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2008
Notice is given to the public of an application filed on July 11, 2008, with the Public Utility Commission of Texas for an amendment to a certificated service area boundary in Collin County, Texas.
Docket Style and Number: Application of AT&T Texas to Amend Certificate of Convenience and Necessity to Modify the Service Area Boundaries of McKinney and Prosper Exchanges. Docket Number 35866.
The Application: This minor boundary amendment is being filed to realign the boundary between AT&T's McKinney and Prosper exchanges to create more clearly-defined physical boundaries using major roads between the two exchanges.
Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by August 1, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35866.
TRD-200803616
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2008
Notice is given to the public of a joint application for sale, transfer, or merger filed with the Public Utility Commission of Texas on July 9, 2008, pursuant to the Public Utility Regulatory Act, TEXAS UTILITY CODE ANNOTATED §14.101 and §37.154 (Vernon 2007 & Supplemental 2007) (PURA).
Docket Style and Number: Joint Application of AEP Texas Central Company and Electric Transmission Texas to Transfer Certificate Rights and for Approval of Transfer of Facilities in Kenedy County, Docket Number 35859.
The Application: This transaction involves the transfer of facilities from AEP Texas Central Company (AEP TCC) to Electric Transmission Texas (ETT). The transmission facilities proposed for transfer are the new (under construction) 345-kV double-circuit capable transmission line in Kenedy County, the associated Ajo Switching Station, Zorillo Switching Station, the Sarita Switching Station site, and the associated certificate of convenience and necessity rights for the transmission facilities as follows: The line will originate at the site of the AEP TCC Ajo Switching Station located in Kenedy County on the privately owned Kenedy Ranch east of U.S. Highway 77 approximately 9 miles south of the community of Sarita and approximately 11.5 miles north of the community of Armstrong. The line will terminate at two new switching stations named Sarita and Zorillo also located in Kenedy County to the east on the privately owned Kenedy Ranch. The Sarita Switching Station will be located more than 17.4 miles southeast of Sarita and the Zorillo Switching Station will be located more than 13.2 miles northeast of Armstrong. The line will be approximately 21.6 miles in length with single pole steel structures with double circuit capability. The easements associated with the portion of the transmission facility will also be transferred to ETT.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 35859.
TRD-200803546
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas an application on July 7, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' request for two thousand-blocks of numbers on behalf of its customer, Medieval Times Dinner & Tournament, in the 972 NPA, in the Allen rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 35853.
The Application: Southwestern Bell Telephone Company submitted an application to the PA for the requested blocks in accordance with the current guidelines. The PA denied the request because Southwestern Bell Telephone Company d/b/a AT&T Texas did not meet the months-to-exhaust and utilization criteria established by the Federal Communications Commission.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than July 30, 2008. Hearing and speech impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35853.
TRD-200803545
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 11, 2008
Notice is hereby given to the public of the July 11, 2008, filing with the Public Utility Commission of Texas (commission) of the Petition of the Electric Reliability Council of Texas, Inc. (ERCOT) for Approval of Unaffiliated Directors.
Docket Style and Number: Petition of the Electric Reliability Council of Texas, Inc. for Approval of Unaffiliated Directors, Docket Number 35862.
The Application: ERCOT seeks approval of Unaffiliated Directors of the ERCOT Board. Pursuant to ERCOT bylaws, ERCOT's Corporate Members have approved the selection of the Unaffiliated Directors. ERCOT's Nominating Committee unanimously selected Alton D. Patton as an Unaffiliated Director and re-elected Miguel Espinosa of the ERCOT Board. The Unaffiliated Directors will serve pending commission consideration and approval.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the commission's Customer Protection Division at (512) 936-7120. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or 1-800-735-2989. All correspondence should refer to Docket Number 35862.
TRD-200803615
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2008
Notice is given to the public of Livingston Telephone Company, Inc. (Livingston Telephone) application filed with the Public Utility Commission of Texas (commission) on July 14, 2008, for approval of a minor rate change pursuant to P.U.C. Substantive Rule §26.171.
Tariff Control Title and Number: Statement of Intent by Livingston Telephone Company, Inc. to Implement a Minor Rate Change Pursuant to Substantive Rule §26.171; Tariff Control Number 35877.
The Application: Livingston Telephone filed an application to implement a minor rate change to the Local Exchange Access Line Rates for residence and business customers, the business Rotary Key Trunk and PBX Trunk rates, the primary, secondary and line connection service charges, and the rural four-party access lines per route mile charge. The Company also proposes to remove the two-party access line rate and the rural two-party access line per route mile charge from its Customer Services Tariff. The proposed effective date for the proposed rate changes is November 1, 2008. The estimated annual revenue increase recognized by Livingston Telephone is $108,122 or less than 5% of Livingston Telephone's gross annual intrastate revenues. Livingston Telephone has 7,120 access lines (residence and business) in service in the state of Texas.
If the commission receives a complaint(s) relating to this application signed by the lesser of 5% or 1,500 of the affected local service customers to which this application applies by October 1, 2008, the application will be docketed. The 5% limitation will be calculated based upon the total number of customers of record as of the calendar month preceding the commission's receipt of the complaint(s).
Persons wishing to comment on this application should contact the Public Utility Commission of Texas by October 1, 2008. Requests to intervene should be filed with the commission's Filing Clerk at P.O. Box 13326, Austin, Texas 78711-3326, or you may call the commission at (512) 936-7120 or toll-free 1-800-735-2989. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136. All correspondence should refer to Tariff Control Number 35877.
TRD-200803617
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 15, 2008
On July 11, 2008, Texas Legal Services Center (TLSC) and Texas Ratepayers' Organization to Save Energy (Texas ROSE) (Petitioners) filed a Petition for Emergency Rulemaking to Temporarily Waive Deposit Requirements and Switching Fees under P.U.C. SUBST. R. §§25.43, 25.474, and 25.478 for Low-Income Customers of Defaulting Retail Electric Providers (REPs).
The proposed rule amendments would temporarily suspend current credit and deposit requirements and fees related to switching to allow low-income residential consumers whose electric providers have gone out of business or otherwise stopped serving them to be able to select another provider without having to pay a security deposit or any fees related to switching, including the out-of-cycle meter reading charge. The Petitioners assert that the confluence of high fuel prices, high temperatures and customers being involuntarily transferred to POLR service has created an imminent peril to the public health, safety, and welfare.
Notice of this petition for rulemaking will be published in the July 25, 2008, issue of the Texas Register. Under P.U.C. PROC. R. §22.281(a)(2), comments on the petition are due on August 15, 2008, 21 days after the date of publication of notice in the Texas Register. The Commission will, however, consider and possibly act on this petition at its next open meeting, currently scheduled for July 31, 2008.
Comments on the petition (16 copies) may be submitted to the Filing Clerk, Public Utility Commission of Texas, 1701 North Congress Avenue, P.O. Box 13326, Austin, Texas 78711-3326, within 21 days after the publication of this notice. All comments should refer to Project Number 35868.
To obtain further information interested persons may contact Mick Long, Attorney by phone at (512) 936-7294 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll-free 1-800-735-2989. All correspondence should refer to Project Number 35868.
TRD-200803639
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: July 16, 2008
Request for Proposals for the Rural Technology Center Grant Program
Executive Committee for Office of Rural Community Affairs
Summary: The Office of Rural Community Affairs announces the issuance of a Request for Proposals (RFP) for the Rural Technology Center Grant Program (Program). The proposal requirements are contained in the RFP which may be obtained at http://www.orca.state.tx.us/ and http://esbd.cpa.state.tx.us/. The purpose of the Program is to award grants to public institutions of higher education, public high schools, and governmental entities located in a rural county for the development and operation of Rural Technology Centers that provide community access to technology; computer literacy programs; educational programs designed to provide concurrent enrollment credit for high school students taking postsecondary courses in information and emerging technologies; training for careers in technology-related fields and other highly skilled industries; and technology related continuing and adult education programs. The goal of the Program is to increase community access to technology and promote computer literacy. Centers will provide resources to prepare residents, including high school students, for careers in applied technology and other skilled industries. In accordance with the General Appropriations Act, funding of applications for the 2008-2009 Biennium is limited to public institutions of higher education, public high schools, and governmental entities in Starr and Zapata counties. The RFP may be viewed and printed from the Internet on http://www.orca.state.tx.us/ and http://esbd.cpa.state.tx.us/.
Due Date: An original and six copies of a written proposal are due to the Office of Rural Community Affairs no later than 4:00 p.m. August 25, 2008. No proposals will be accepted after this deadline. Proposals may be sent or hand carried to:
Office of Rural Community Affairs
Mail: P.O. Box 12877, Austin, Texas 78711
By hand: 1700 North Congress Avenue, Suite 220, Austin, Texas 78701
Attention: Executive Director
Potential respondents may pose written questions concerning this RFP by e-mail. Contact Charles S. (Charlie) Stone, Executive Director, at cstone@orca.state.tx.us until 12:00 Noon, August 22, 2008. The contact person for this RFP is Charles S. (Charlie) Stone at (512) 936-6704.
TRD-200803614
Charles S. Stone
Executive Director
Office of Rural Community Affairs
Filed: July 15, 2008
Public Hearing Notice - Statewide Public Involvement Plan
The Texas Department of Transportation (department) will hold a public hearing on Friday, August 29, 2008, at 11:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 2A-2, Austin, Texas to receive public comments on the Statewide Public Involvement Plan (PIP). The PIP reflects the department's documented public involvement process for providing reasonable public access to technical and policy information used in the development of the long-range statewide transportation plan and Statewide Transportation Improvement Program (STIP). The PIP includes the Transportation Planning and Programming (TPP) Division's process and those of the department's districts as provided to TPP.
Title 23, Code of Federal Regulations, §450.210 requires that the State's public involvement process establish continuous public involvement opportunities, provide reasonable public access to technical and policy information used in the development of the long-range statewide transportation plan and STIP, and provide adequate public notice of public involvement activities and time for public review and comment at key decision points.
A copy of the proposed Statewide PIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at www.txdot.gov.
Persons wishing to review the Statewide PIP may do so online or by contacting the Transportation Planning and Programming Division at (512) 486-5033.
Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Thursday, August 28, 2008, or they may register at the hearing location beginning at 10:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact Randall Dillard, Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 305-9137. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.
Further information on the Statewide PIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Friday, September 12, 2008, at 4:00 p.m.
TRD-200803634
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: July 16, 2008
Request for Applications for Grants under the FEMA Severe Repetitive Loss Program
The Texas Water Development Board (Board), as administrator of the Severe Repetitive Loss (SRL) Program on behalf of the Federal Emergency Management Agency (FEMA), requests the submission of applications leading to the possible award of SRL Program Grants from communities within the State with the legal authority to mitigate the impacts of flooding and which participate in the National Flood Insurance Program (NFIP), in accordance with FEMA policy and regulations set forth in Title 44 of the Code of Federal Regulations (CFR) Part 79 (44 CFR 79). A community is defined as: (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the state may submit applications for SRL Program Grants. Eligible applicants for SRL Program Grants must have a FEMA approved Hazard Mitigation Action Plan.
Description of SRL Program Purpose and Objectives.
The purpose of the SRL Program is to reduce or eliminate the risk of flood damage to severe repetitive loss residential structures insured under the NFIP. An SRL property is defined by FEMA as a residential property that is covered under an NFIP flood insurance policy and: (a) has at least four NFIP claim payments (including building and contents) of over $5,000 each, and the cumulative amount of such claims exceeding $20,000; or (b) at least two separate claims (building payments only, excluding claims for contents losses) with cumulative claims exceeding the market value of the structure. For both (a) and (b), at least two of the referenced claims must have occurred within any ten-year period and must be greater than ten days apart. The long-term goal of the SRL Program is to reduce or eliminate claims under the NFIP. The SRL Program will provide funding assistance for eligible flood mitigation projects which will result in the greatest savings to the National Flood Insurance Fund in the shortest period of time, based on a Benefit-Cost Ratio using FEMA approved methodology to conduct the Benefit-Cost Analysis.
Description of Funding Considerations.
The SRL Program is subject to the availability of federal funding, as well as any directive or restriction made with respect to such funds. The available state wide allocated amount for Federal Fiscal Year 2009 is expected to be about $5,000,000. These grants all require a 10 percent local match, of which any part or all may be in the form of in-kind services. There are no award limits or project limits associated with grant requests for the SRL Program.
Consultation with the Property Owner.
The consultation process is a required notification and information gathering process which is conducted by the applicant prior to the submittal of the application. The applicant will consult with the property owner on project activity types, estimated costs, and insurance implications, as well as, the property owner's right to appeal. The applicant should be clear to the property owner that the consultation does not represent a formal offer of mitigation assistance. In addition, as part of the consultation process, each interested property owner should sign documentation of Notice of Voluntary Participation which will be provided by the applicant as part of the application submittal.
Deadline, Review Criteria and Contact Person for Additional Information.
Following the consultation process, the applicant is required to submit applications electronically through FEMA's web-based Electronic Grants Management System (e-Grants). Applicants must request access into the e-Grants system. Access requests should be directed to Mr. Gilbert Ward at (512) 463-6418, or by e-mail to gilbert.ward@twdb.state.tx.us. Deadline for submitting applications to the Board for SRL Program Grant funds is 5:00 p.m., October 16, 2008. Applications will be evaluated according to federal rules and guidance. For additional information concerning the SRL Program, current program guidance, and links to federal rules, go to www.fema.gov/government/grant/srl/index . For additional information on FEMA's e-grant system, go to www.fema.gov/government/grant/egrants . Final awards for grant funding will be as approved by FEMA.
TRD-200803618
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Filed: July 15, 2008
The Texas Water Development Board (Board), as administrator of the Flood Mitigation Assistance (FMA) Program on behalf of the Federal Emergency Management Agency (FEMA), requests the submission of applications leading to the possible award of FMA Planning Grants and Project Grants from communities within the State with the legal authority to plan for and mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP), in accordance with FEMA policy and regulations set forth in Title 44 of the Code of Federal Regulations (CFR) Part 79 (44 CFR 79). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the State may submit applications for FMA Program Planning and Project grants. Eligible applicants for FMA Project Grants must have a FEMA approved Mitigation Action Plan.
Description of FMA Program Purpose and Objectives.
The purpose of the FMA Program is to provide Planning and Project grants to develop or update Flood Mitigation Plans for their planning area, and for implementing flood mitigation projects. The overall goal of the program is to fund cost-effective measures that reduce or eliminate the long-term risk of flood damage to buildings, manufactured homes, and other NFIP-insurable structures. Specific goals include reducing the number of repetitively or substantially damaged structures and associated claims under the NFIP and encouraging long-term comprehensive mitigation planning.
Description of Funding Considerations.
The available allocated amounts for Federal Fiscal Year 2009 are expected to be $250,000 for Planning Grants and $2,500,000 for Project Grants. These grants all require a 25 percent local match, of which not more than one-half (12.5 percent) may be in the form of in-kind services. No award for a Planning Grant may exceed $50,000, and no single community may receive more than one Planning Grant per 5-year period. In addition, there is a $3,300,000 limit for the total amount of Project Grant funds to any single community over a five-year period.
Deadline, Review Criteria and Contact Person for Additional Information.
It is required that applications be submitted electronically through FEMA's web-based Electronic Grants Management System (e-Grants). Applicants must request access into the e-Grants system. Access requests should be directed to Mr. Gilbert Ward at (512) 463-6418, or by e-mail to gilbert.ward@twdb.state.tx.us. Deadline for submitting applications to the Board for FMA Planning and/or Project Grant funds is 5:00 p.m., October 16, 2008. Applications will be evaluated according to rules provided in 31 TAC Chapter 368, see http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac (Title 31, Part 10). For additional information on the FMA Program, go to www.fema.gov/government/grant/fma/index . Go to www.fema.gov/government/grant/egrants for additional information on FEMA's e-grant system. Final awards for grant funding will be as approved by FEMA.
TRD-200803619
Kenneth L. Petersen
General Counsel
Texas Water Development Board
Filed: July 15, 2008