In Addition

In Addition

Ark-Tex Council of Governments

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

The Ark-Tex Council of Governments (ATCOG) is soliciting proposals for a training provider/police academy to provide regional law enforcement training through a grant provided by the Texas Governor's Office, Criminal Justice Division (if awarded this funding).

The types of training to be provided include: Basic Law Enforcement Officer, Basic Jailer Certification, Basic Tele-Communicators, and Advanced/Specialized Law Enforcement Training. The period of performance is September 1, 2008 through August 31, 2009.

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

Potential respondents may obtain a copy of the request for proposal, scoring guidelines, and project scoring criteria by contacting Patricia Haley, Ark-Tex Council of Governments, P.O. Box 5307, Texarkana, Texas 75505-5307, or call (903) 832-8636. The deadline for proposal submission is May 23, 2008, at 5:00 p.m. The Ark-Tex Council of Governments Regional Criminal Justice Advisory Committee will score multiple proposals received. Respondents will be notified in writing of the date, time, and place of the meeting at which the proposals will be scored.

TRD-200802275

L.D. Williamson

Executive Director

Ark-Tex Council of Governments

Filed: April 30, 2008

Office of the Attorney General

Notice of Settlement of a Texas Solid Waste Disposal Act Enforcement Action

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

Case Title and Court: Settlement Agreement in Harris County, Texas and the Texas Commission on Environmental Quality v. Gladys Conner, William Barnett and Gerre Thornhill; Cause No. 2007-34020, 125th Judicial District, Harris County, Texas.

Background: This suit alleges violations of rules promulgated under the Texas Solid Waste Disposal Act resulting from illegal storage of solid waste on property in Harris County, Texas. The Defendants are Gladys Conner and William Barnett. The suit seeks injunctive relief, civil penalties, attorney's fees and court costs.

Nature of Settlement: The settlement awards $100,000.00 in civil penalties, $96,000.00 of which will be deferred subject to Defendants disposing of the solid waste on the property within 365 days from the date the judgment is signed by the Court. The settlement awards $500.00 in attorney's fees to the State and $500.00 in attorney's fees to Harris County.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments, and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 463-2096.

TRD-200802210

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: April 28, 2008

Chambers County

Request for Comments and Proposals

Section 32.0244 of the Texas Human Resources Code permits a County Commissioners' Court of a county with no more than two (2) nursing facilities certified to participate in the state Medicaid program to request that the Texas Department of Aging and Disability Services ("DADS") contract for additional Medicaid nursing facility beds in that county. This may be done without regard to the occupancy rate of available beds in the county.

The Chambers County Commissioners' Court is considering requesting that the DADS contract for more Medicaid nursing facility beds in Chambers County. The Commissioners' Court is soliciting comments on whether the request should be made. Further, the Commissioners' Court seeks proposals from persons interested in providing additional Medicaid beds in Chambers County, including persons providing Medicaid beds in a nursing facility with a high occupancy rate, to determine if qualified entities are interested in submitting proposals to provide these additional Medicaid nursing facility beds.

Comments and proposals should be submitted to County Judge Jimmy Sylvia, Chambers County Courthouse, 2nd floor, south entrance, 404 Washington Avenue, Anahuac, Texas 77514, before 5:00 p.m. CST on May 12, 2008.

TRD-200802188

Jimmy Sylvia

County Judge

Chambers County

Filed: April 25, 2008

Coastal Coordination Council

Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of April 18, 2008, through April 24, 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 April 30, 2008. The public comment period for this project will close at 5:00 p.m. on May 30, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: NuStar Energy, LLP; Location: The project is located in State Tracts 707, 708, 710, and 723 in Nueces Bay, approximately 2.5 miles west of Phillips Channel's intersection with Rincon Canal, Corpus Christi, Nueces County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Corpus Christi, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 655390; Northing: 3080923. Project Description: The applicant proposes to install, operate and maintain a 22,404-foot-long by 12.75-inch-diameter petroleum products pipeline across Nueces Bay by directional drilling and trenching. Approximately 8,800 feet of the line, 2 feet wide by 8,800 feet long by 4 feet deep, and covering approximately 17,600 square feet, would be jetted or plowed a minimum distance of 3 feet below the bay bottom. Up to 5 feet of bottom (88,000 square feet) on either side of the trench would be temporarily affected. Approximately 13,317 feet of pipeline would be bored onto shore (5,317-foot bore at the north end and 8,000-foot bore at the south end). A portion of the southern bore would cross beneath U.S. Army Corps of Engineers (Corps) Placement Area No. 1. At each bore exit point, a temporary trench (approximately 12 feet wide by 400 feet long by 6 feet deep with 1V:3H side slopes for a 48-foot maximum top width) covering approximately 19,200 square feet would be constructed to complete the bore tie-in. Up to 25 feet on either side of the trenches (20,000 square feet) would be temporarily affected. In the area to be trenched, NuStar would install turbidity curtains to protect any oyster reef within 500 feet of the pipeline. No wetlands, seagrass, or oysters would be impacted. CCC Project No.: 08-0123-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00223 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 determination for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Oiltanking Houston, LP; Location: The project is located on the Houston Ship Channel, at 15631 Jacintoport Boulevard, in Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Pasadena, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 294223; Northing: 3291389. Project Description: The applicant proposes to demolish existing docks and dolphins, construct two new docks, mooring and breasting dolphins, and mechanically and/or hydraulically dredge 510,000 cubic yards of material to provide docking areas. The dredge material will be placed in the Glanville Dredge Material Placement Area (DMPA). CCC Project No.: 08-0125-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00073 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451 - 1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200802268

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: April 30, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/05/08 - 05/11/08 is 18% for Consumer¹ /Agricultural/Commercial ² /credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 05/05/08 - 05/11/08 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

²Credit for business, commercial, investment or other similar purpose.

TRD-200802227

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: April 28, 2008

Texas Department of Criminal Justice

Notice of Contract Award

Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Department of Criminal Justice announces the following notice of contract award for Consulting Services to improve Historically Underutilized Business (HUB) participation.

The Notice of Request for Proposals, 696-BF-8-P002, was published in the November 23, 2007, issue of the Texas Register (32 TexReg 8594).

The contract was awarded to:

Rz & Associates, Inc.

1400 Smith Road

Austin, Texas 78748

The total amount of the contract is $32,000.00

The term of the contract is April 22, 2008, through October 22, 2008. The consultant will furnish a comprehensive report two weeks prior to completion of this contract.

TRD-200802185

Melinda Hoyle Bozarth

General Counsel

Texas Department of Criminal Justice

Filed: April 25, 2008

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 9, 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 June 9, 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: Noe Alaniz; DOCKET NUMBER: 2008-0535-WOC-E; IDENTIFIER: RN103471256; LOCATION: Combes, Cameron County, Texas; TYPE OF FACILITY: operator licensing; RULE VIOLATED: 30 Texas Administrative Code (TAC) §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5427, (956) 425-6010.

(2) COMPANY: ALI GULLU CORPORATION dba Four Star Citgo 4; DOCKET NUMBER: 2007-2034-PST-E; IDENTIFIER: RN101556736; LOCATION: White Settlement, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued underground storage tank (UST) delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; and 30 TAC §115.246(7)(A) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records onsite at the station; PENALTY: $2,310; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: Allco, Inc.; DOCKET NUMBER: 2008-0226-WQ-E; IDENTIFIER: RN105373047; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $2,700; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: City of Austin; DOCKET NUMBER: 2008-0121-WQ-E; IDENTIFIER: RN102077328; LOCATION: Travis County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012971001, Permit Conditions 2.g., and the Code, §26.121(a)(1), by failing to prevent the unauthorized discharge of wastewater into waters in the state; and 30 TAC §317.3(e)(5), by failing to provide adequate emergency provisions for a lift station; PENALTY: $16,250; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(5) COMPANY: Victor Ballas; DOCKET NUMBER: 2007-1742-PST-E; IDENTIFIER: RN101552339; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: inactive USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, three USTs; and 30 TAC §334.7(a)(1), by failing to register with the commission, on authorized commission forms, any USTs in existence on or after September 1, 1987; PENALTY: $8,925; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: City of Bells; DOCKET NUMBER: 2007-2032-MLM-E; IDENTIFIER: RN101920809; LOCATION: Grayson County, Texas; TYPE OF FACILITY: wastewater treatment and collection system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010126001, Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; and 30 TAC §305.125(1) and TPDES Permit Number WQ0010126001, Final Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations for flow; PENALTY: $13,750; Supplemental Environmental Project (SEP) offset amount of $11,000 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Donnie Earl Bristow; DOCKET NUMBER: 2008-0573-WOC-E; IDENTIFIER: RN103707386; LOCATION: Jones County, Texas; TYPE OF FACILITY: operator licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(8) COMPANY: City of Bynum; DOCKET NUMBER: 2008-0045-MWD-E; IDENTIFIER: RN101612943; LOCATION: Bynum, Hill County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011542001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids (TSS) and five-day biochemical oxygen demand (BOD₅); PENALTY: $1,070; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(9) COMPANY: C W & A, Inc.; DOCKET NUMBER: 2007-2028-PST-E; IDENTIFIER: RN101443075; LOCATION: Victoria, Victoria County, Texas; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 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; 30 TAC §334.8(c)(4)(A)(vii) and (c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; PENALTY: $4,800; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(10) COMPANY: Citgo Refining and Chemicals Company L.P.; DOCKET NUMBER: 2007-1853-AIR-E; IDENTIFIER: RN100238799; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), Air Permit Numbers 8778A and PSD-TX-408M3, Special Condition (SC) One, and THSC, §382.085(b), by failing to prevent an unauthorized emissions event; PENALTY: $2,425; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: Roger Collins; DOCKET NUMBER: 2008-0101-IHW-E; IDENTIFIER: RN105362859; LOCATION: Chilton, Falls County, Texas; TYPE OF FACILITY: cattle feeding operation; RULE VIOLATED: 30 TAC §335.4(2), by failing to prevent the disposal of industrial solid waste; PENALTY: $920; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(12) COMPANY: City of Denton; DOCKET NUMBER: 2008-0284-AIR-E; IDENTIFIER: RN102212685; LOCATION: Denton, Denton County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(1) and THSC, §382.085(b), by failing to submit the annual permit compliance certification; and 30 TAC §205.6 and the Code, §5.702, by failing to pay general storm water permit fees; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Daniel R. Harris and D. Patricia Harris dba Desert Hills Car Wash & Convenience Store; DOCKET NUMBER: 2007-1991-AIR-E; IDENTIFIER: RN100816123; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: vehicle washing and gasoline dispensing business; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $2,400; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(14) COMPANY: Environmental Processing Systems, L.C.; DOCKET NUMBER: 2007-2015-UIC-E; IDENTIFIER: RN102316817; LOCATION: Dayton, Liberty County, Texas; TYPE OF FACILITY: underground injection control class 1 commercial non-hazardous waste disposal well; RULE VIOLATED: 30 TAC §331.64(c) and §331.67(a)(1)(B) and WDW-316 Operating Provisions VII-A and IX, by failing to install an adequate annulus monitoring system, to maintain continuous records indicating annulus volume monitoring, and by failing to record injection parameters continuously; 30 TAC §331.63(f) and WDW-316 Operating Provisions VII-A and IX, by failing to use a standard flow meter which can be adequately tested and calibrated quarterly for accuracy; 30 TAC §331.63(d) and WDW-316 Operating Provisions VII-A and IX, by failing to ensure that the annulus is completely filled with a fluid meeting industry standards; and 30 TAC §331.65(b)(2) and §331.67(a)(4) and WDW-316 Operating Provision X, by failing to record operational problems on the self-reporting form; PENALTY: $70,150; ENFORCEMENT COORDINATOR: Ross Fife, (512) 239-2541; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(15) COMPANY: City of Gainesville; DOCKET NUMBER: 2008-0089-WQ-E; IDENTIFIER: RN101918050; LOCATION: Gainesville, Cooke County, Texas; TYPE OF FACILITY: collection system manholes; RULE VIOLATED: the Code, §26.121(a)(1) and TPDES Permit Number WQ0010726001, Permit Conditions Number 2.g., by failing to prevent the unauthorized discharge of untreated wastewater; and 30 TAC §21.4 and the Code, §5.702 and §26.0135(h), by failing to pay the consolidated water quality assessment fee and associated late fee; PENALTY: $6,050; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(16) COMPANY: Gutierrez Oil Company dba La Bodega 1; DOCKET NUMBER: 2008-0536-PST-E; IDENTIFIER: RN105440978; LOCATION: Weslaco, Hidalgo County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; and 30 TAC §334.8(c), by failing to submit initial/renewal UST registration and self-certification form; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(17) COMPANY: Harris County Municipal Utility District 250; DOCKET NUMBER: 2008-0253-MWD-E; IDENTIFIER: RN101513687; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §6.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $11,160; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: HICKS OIL & BUTANE COMPANY; DOCKET NUMBER: 2007-2012-PST-E; IDENTIFIER: RN102958287; LOCATION: Lyford, Willacy County, Texas; TYPE OF FACILITY: two inactive USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, two USTs; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Shontay Wilcher; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(19) COMPANY: City of Houston; DOCKET NUMBER: 2007-1984-MWD-E; IDENTIFIER: RN101607596; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010495111, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with its permitted effluent limits for TSS, ammonia-nitrogen (NH₃N, and BOD₅; and the Code, §5.702 and §26.358(f), by failing to pay the aboveground storage tank late fees; PENALTY: $7,250; SEP offset amount of $5,800 applied to Armand Bayou Nature Center Coastal Tall Grass Management-Prescribed Burn Program and Prairie Restoration Project; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(20) COMPANY: Kempner Water Supply Corporation; DOCKET NUMBER: 2008-0128-PWS-E; IDENTIFIER: RN101197549; LOCATION: Kempner, Lampasas County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(n)(2), by failing to maintain an accurate and up-to-date map of the distribution system; 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; 30 TAC §290.46(l), by failing to flush all dead-end mains at monthly intervals; 30 TAC §290.46(q) and §290.122(a)(2), by failing to institute all necessary special precautions, including issuing a boil water notice to the customers; and 30 TAC §290.110(b)(4) and THSC, §341.0315(c), by failing to maintain the disinfectant residual concentration throughout the distribution system; PENALTY: $1,523; SEP offset amount of $1,219 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(21) COMPANY: Lattimore Materials Company, L.P.; DOCKET NUMBER: 2008-0021-IWD-E; IDENTIFIER: RN101741163; LOCATION: Collin County, Texas; TYPE OF FACILITY: ready-mix concrete plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG110120, Part III, Permit Requirements, and the Code, §26.121(a), by failing to comply with the permitted effluent limits; PENALTY: $4,350; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Adam D. Lopez, Jr.; DOCKET NUMBER: 2008-0574-WOC-E; IDENTIFIER: RN105422992; LOCATION: Ranger, Eastland County, Texas; TYPE OF FACILITY: operator licensing; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(23) COMPANY: Randal Paul Manus; DOCKET NUMBER: 2008-0073-WOC-E; IDENTIFIER: RN103617379; LOCATION: Tarrant County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.5(a) and §30.381(b), the Code, §37.003, and THSC, §341.034, by failing to obtain a valid public water system operator license; PENALTY: $570; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: McMullen County Water Control & Improvement District Number 1; DOCKET NUMBER: 2007-2037-MLM-E; IDENTIFIER: RN101398261; LOCATION: Tilden, McMullen County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement; 30 TAC §290.121(b), by failing to maintain a copy of the current monitoring plan at the water system's treatment plant; 30 TAC §290.39(j)(1)(A) and THSC, §341.0351, by failing to notify the commission prior to making any significant change or addition where the change in the existing distribution system results in an increase or decrease in production, treatment, storage, or pressure maintenance capacity; 30 TAC §290.42(e)(4)(C), by failing to provide adequate ventilation in enclosures where chlorine gas is stored or fed; 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence with lockable gates; 30 TAC §290.46(f)(4) and §290.46(f)(3)(B)(v), by failing to provide all requested water system operating records to commission personnel at the time of the investigation; 30 TAC §290.46(h), by failing to maintain a supply of calcium hypochlorite; 30 TAC §290.46(m), by failing to initiate maintenance housekeeping practices to ensure good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.43(c)(6) and §290.46(m)(4), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.43(c)(1), by failing to equip ground storage tank number 3 with a roof vent in accordance with American Water Works Association (AWWA) standards; 30 TAC §290.43(c)(3), by failing to provide an overflow that is designed in strict accordance with current AWWA design standards; 30 TAC §290.46(m)(1)(A), by failing to conduct annual inspections of the three ground storage tanks; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the water system's pressure tank; 30 TAC §290.46(t), by failing to post a legible sign that contains the name of the water supply and emergency telephone numbers; 30 TAC §290.110(e)(4), by failing to prepare and submit a disinfectant level quarterly operating report; and 30 TAC §288.20(a) and §288.30(5)(B), by failing to provide a copy of an adopted drought contingency plan; PENALTY: $3,687; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: Monarch Utilities I L.P.; DOCKET NUMBER: 2008-0112-MWD-E; IDENTIFIER: RN102287125; LOCATION: Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011506001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 3, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for pH, total NH₃ N, total chlorine residual, and BOD₅ ; PENALTY: $8,610; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(26) COMPANY: Postmus Dairy, L.L.C. dba Postmus Dairy; DOCKET NUMBER: 2007-1976-AGR-E; IDENTIFIER: RN102334836; LOCATION: Erath County, Texas; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.36(l), by failing to properly dispose of dead animals; 30 TAC §321.36(c) and TPDES General Permit Number TXG920299 Part V, Standard Permit Condition D, by failing to ensure that the control facility is designed, constructed, operated, and maintained to contain all manure litter and process water including runoff; 30 TAC §321.40(d) and the Code, §26.121(a), by failing to contain a discharge from a land management unit; and 30 TAC §321.36(h)(2), by failing to conduct weekly inspections and document/record the pond levels; PENALTY: $7,200; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: Prism Gas Systems I, L.P.; DOCKET NUMBER: 2008-0058-AIR-E; IDENTIFIER: RN102558939; LOCATION: Waskom, Harrison County, Texas; TYPE OF FACILITY: gas processing plant; RULE VIOLATED: 30 TAC §111.111(a)(4)(A), Air Permit 32829, and THSC, §382.085(b), by failing to prevent five excess opacity events; and 30 TAC §101.201(e) and THSC, §382.085(b), by failing to meet the minimum reporting requirements for four excess opacity events; PENALTY: $10,320; ENFORCEMENT COORDINATOR: Audra Ruble, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(28) COMPANY: PYCO Industries, Inc.; DOCKET NUMBER: 2008-0240-AIR-E; IDENTIFIER: RN100213693; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: cotton seed oil mill; RULE VIOLATED: 30 TAC §122.146(2) and Operating Permit Number O-01075 General Terms and Conditions, by failing to timely submit the permit compliance certification; and 40 CFR §63.2861(a) and Operating Permit Number O-01075, Special Terms and Conditions Number 5, by failing to submit the annual compliance certification; PENALTY: $5,775; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(29) COMPANY: Riviera Water Control and Improvement District; DOCKET NUMBER: 2008-0004-MWD-E; IDENTIFIER: RN105377535; LOCATION: Kleberg County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013374002, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(30) COMPANY: City of San Angelo; DOCKET NUMBER: 2007-1766-WQ-E; IDENTIFIER: RN102296654; LOCATION: Tom Green County, Texas; TYPE OF FACILITY: collection system with manholes; RULE VIOLATED: 30 TAC §305.125(9) and Permit Number WQ0010641003, Monitoring Requirements Numbers 7.a and b, by failing to report an unauthorized discharge in writing within five working days of becoming aware of the noncompliance; and 30 TAC §305.125(4), Permit Number WQ0010641003, Permit Conditions Numbers 2.d and g, and the Code, §26.121(a), by failing to prevent an unauthorized discharge of wastewater and by failing to take all reasonable steps to minimize a discharge; PENALTY: $17,120; SEP offset amount of $17,120 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(31) COMPANY: City of San Augustine; DOCKET NUMBER: 2007-1407-MWD-E; IDENTIFIER: RN103137949; LOCATION: San Augustine County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010268001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for dissolved oxygen, NH₃N, flow, and chlorine residual; PENALTY: $5,200; SEP offset amount of $4,160 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(32) COMPANY: City of Seminole; DOCKET NUMBER: 2007-1059-MWD-E; IDENTIFIER: RN102077955; LOCATION: Gaines County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010278001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with permit effluent limits for BOD₅ and chlorine residual; PENALTY: $4,560; SEP offset amount of $3,648 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(33) COMPANY: Shumard Corporation dba Associated Fiberglass Enterprises; DOCKET NUMBER: 2007-1946-AIR-E; IDENTIFIER: RN101340818; LOCATION: Haltom City, Tarrant County, Texas; TYPE OF FACILITY: fiberglass items manufacturing operation; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 4830, SC Number 5, and THSC, §382.085(b), by failing to comply with the acetone annual usage limit of four tons per year; 30 TAC §116.115(c), Permit Number 4830, SC Number 9, and THSC, §382.085(b), by failing to conduct trimming and grinding operations; 30 TAC §122.145(2)(B) and (C) and THSC, §382.085(b), by failing to timely submit the required deviation report; 30 TAC §122.146(1) and (2) and THSC, §382.085(b), by failing to timely submit the required annual compliance certification; 30 TAC §122.142(a), Federal Operating Permit Number O-02785, Special Terms and Conditions Number 2.A.(iii)2, and THSC, §382.085(b), by failing to maintain a record of quarterly visible emissions; 30 TAC §101.10(e) and THSC, §382.085(b), by failing to submit annual emissions inventory questionnaires; and 30 TAC §101.20(2), Permit Number 4830, SC Number 3, 40 CFR §§63.10(b)(3), 63.5810, 63.5910(a), (b)(1), (2), and (4), and 63.9(b)(2) and (h), and THSC, §382.085(b), by failing to submit initial notification, maintain records to demonstrate compliance, submit first and second semiannual compliance reports, submit notification of compliance status for operations demonstrating compliance based on a 12-month rolling average; PENALTY: $29,375; SEP offset amount of $11,750 applied to City of Fort Worth - "Mow Down Air Pollution" lawn mower exchange event; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(34) COMPANY: Southwest Convenience Stores, LLC; DOCKET NUMBER: 2007-1957-AIR-E; IDENTIFIER: RN102048592, RN100824010, RN102396702, RN102390028, RN102395274, RN102394756, RN102398112, RN102399094, RN102393980, RN102391331, RN102204195, RN102383965, RN105204283; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience stores with retail sales of gasoline; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $20,230; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(35) COMPANY: West Houston Airport Corporation; DOCKET NUMBER: 2007-1726-MWD-E; IDENTIFIER: RN102096633; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17) and TPDES Permit Number 12516001, Sludge Provisions, by failing to submit the annual sludge report; 30 TAC §305.125(1) and (5) and §317.3(b)(1), and TPDES Permit 12516001, Operational Requirements Number 1, by failing to adequately maintain the facility to prevent interruption of service and ensure adequate containment and treatment of wastewater; 30 TAC §305.125(1) and (5) and §317.4(g)(4)(B), and TPDES Permit 12516001, Operational Requirements Number 1, by failing to adequately maintain the facility to prevent interruption of service and ensure adequate containment and treatment of wastewater; and 30 TAC §305.125(1) and (5) and TPDES Permit Number 12516001, Operational Requirements Number 1, by failing to properly operate and maintain the facility to ensure compliance with permitted effluent limits; 30 TAC §317.6(b)(3), by failing to provide a chlorine contact basin with adequate disinfection capacity; 30 TAC §305.125(1) and (5) and §319.11(d), and TPDES Permit 12516001, Operational Requirements Number 1, by failing to maintain a staff gauge to monitor and report instantaneous flow measurements; and 30 TAC §305.125(1), TPDES Permit Number 12516001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to maintain compliance with the permit effluent limits for NH₃N, total chlorine residual, and dissolved oxygen; 30 TAC §305.125(1) and (5), and TPDES Permit Number 12516001, Operational Requirements Number 1, by failing to prevent the spill of a dechlorinating agent from a plastic storage tank to the adjacent ground; 30 TAC §§305.125(1), 319.7(c), and 319.9 and TPDES Permit Number 12516001, Monitoring and Reporting Requirements Number 3.b., by failing to provide the operations logs, field analyses records, and quality control records for the field analyses for review upon request; 30 TAC §305.125(1) and §319.7(e) and TPDES Permit Number 12516001, Monitoring and Reporting Requirements Number 1, by failing to fill out the discharge monitoring reports (DMRs) correctly; 30 TAC §305.125(1) and §319.7(d) and TPDES Permit Number 12516001, Monitoring and Reporting Requirements Number 1, by failing to submit the DMRs; 30 TAC §305.125(1) and §319.7(d) and TPDES Permit Number 12516001, Monitoring and Reporting Requirements Number 1, by failing to timely submit DMRs; and 30 TAC §305.125(1) and TPDES Permit Number 12516001, Monitoring and Reporting Requirements Number 7.c., by failing to submit noncompliance notification reports for the NH₃N violations; PENALTY: $26,520; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

TRD-200802233

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 29, 2008

Enforcement Orders

An agreed order was entered regarding Mohammad A. Ghene dba Super Food Mart 12, Docket No. 2005-0023-PST-E on April 16, 2008 assessing $14,500 in administrative penalties.

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

A default order was entered regarding Hinas Lodging Company dba Budget Inn Express, Docket No. 2005-1718-PWS-E on April 16, 2008 assessing $2,840 in administrative penalties.

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

A default order was entered regarding Lowell Johnson dba Cason Country Store, Docket No. 2006-0206-PST-E on April 16, 2008 assessing $1,050 in administrative penalties.

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

An agreed order was entered regarding City of San Angelo, Docket No. 2006-0656-MSW-E on April 16, 2008 assessing $1,380 in administrative penalties.

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

A default order was entered regarding Houston Precast, Inc., Docket No. 2006-0836-AIR-E on April 16, 2008 assessing $30,000 in administrative penalties.

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

An agreed order was entered regarding City of Harlingen, Docket No. 2006-1974-MLM-E on April 16, 2008 assessing $22,560 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Randolph Water Supply Corporation, Docket No. 2007-0179-MWD-E on April 16, 2008 assessing $41,410 in administrative penalties with $29,659 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Palmer, Docket No. 2007-0283-MWD-E on April 16, 2008 assessing $26,390 in administrative penalties with $5,278 deferred.

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

An agreed order was entered regarding Roel Stoker dba Ned Tex Dairy, Docket No. 2007-0513-AGR-E on April 16, 2008 assessing $1,860 in administrative penalties.

An agreed order was entered regarding City of West Tawakoni, Docket No. 2007-0535-PWS-E on April 16, 2008 assessing $12,725 in administrative penalties.

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

A default order was entered regarding Shoukat Hussain dba Speedee Mart, Docket No. 2007-0571-PST-E on April 16, 2008 assessing $5,040 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney at (512) 239-6501, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Armando Alvarez, Docket No. 2007-0642-MSW-E on April 16, 2008 assessing $2,625 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Taylorcraft Aviation, L.L.C., Docket No. 2007-0673-IHW-E on April 16, 2008 assessing $8,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding E. I. du Pont de Nemours and Company, Docket No. 2007-0760-AIR-E on April 16, 2008 assessing $77,860 in administrative penalties with $15,572 deferred.

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

An agreed order was entered regarding City of Sour Lake, Docket No. 2007-0779-PWS-E on April 16, 2008 assessing $104 in administrative penalties with $20 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Harris County Municipal Utility District No. 278, Docket No. 2007-0913-MWD-E on April 16, 2008 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Troy Brown, Docket No. 2007-0982-PST-E on April 16, 2008 assessing $8,925 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Barham Richard, Staff Attorney at (512) 239-0107, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Daryl Major, Docket No. 2007-1041-MLM-E on April 16, 2008 assessing $8,500 in administrative penalties.

An agreed order was entered regarding City of Strawn, Docket No. 2007-1060-MWD-E on April 16, 2008 assessing $7,080 in administrative penalties with $1,416 deferred.

An agreed order was entered regarding City of Jayton, Docket No. 2007-1086-PWS-E on April 16, 2008 assessing $3,121 in administrative penalties with $624 deferred.

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

An agreed order was entered regarding Neches Food Store, Docket No. 2007-1122-PST-E on April 16, 2008 assessing $7,875 in administrative penalties with $1,575 deferred.

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

An agreed order was entered regarding Texas Petrochemicals, LP, Docket No. 2007-1141-AIR-E on April 16, 2008 assessing $33,250 in administrative penalties with $6,650 deferred.

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

An agreed order was entered regarding Cities of Waco, Woodway, Bellmead, Lacy Lakeview, Robinson and Hewitt, Docket No. 2007-1174-MWD-E on April 16, 2008 assessing $54,720 in administrative penalties.

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

An agreed order was entered regarding Southwest Convenience Stores, LLC dba 7-Eleven, Docket No. 2007-1181-AIR-E on April 16, 2008 assessing $21,240 in administrative penalties with $4,248 deferred.

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

An agreed order was entered regarding Texas Department of Transportation, Docket No. 2007-1311-PWS-E on April 16, 2008 assessing $1,450 in administrative penalties with $290 deferred.

An agreed order was entered regarding Blackland Water Supply Corporation, Docket No. 2007-1382-PWS-E on April 16, 2008 assessing $3,142 in administrative penalties with $628 deferred.

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

An agreed order was entered regarding San Antonio Water System, Docket No. 2007-1393-PST-E on April 16, 2008 assessing $2,625 in administrative penalties with $525 deferred.

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

An agreed order was entered regarding City of Hale Center, Docket No. 2007-1402-PWS-E on April 16, 2008 assessing $2,599 in administrative penalties with $519 deferred.

An agreed order was entered regarding Louisiana-Pacific Corporation, Docket No. 2007-1422-AIR-E on April 16, 2008 assessing $1,900 in administrative penalties with $380 deferred.

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

An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2007-1425-AIR-E on April 16, 2008 assessing $17,697 in administrative penalties with $3,539 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Targa North Texas LP, Docket No. 2007-1431-AIR-E on April 16, 2008 assessing $37,500 in administrative penalties.

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

An agreed order was entered regarding City of Corpus Christi, Docket No. 2007-1436-MWD-E on April 16, 2008 assessing $42,810 in administrative penalties.

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

An agreed order was entered regarding City of Southside Place, Docket No. 2007-1440-PWS-E on April 16, 2008 assessing $2,571 in administrative penalties.

An agreed order was entered regarding City of Pinehurst, Docket No. 2007-1444-MWD-E on April 16, 2008 assessing $15,717 in administrative penalties with $3,143 deferred.

An agreed order was entered regarding Texas H2O Inc., Docket No. 2007-1454-PWS-E on April 16, 2008 assessing $2,730 in administrative penalties with $546 deferred.

An agreed order was entered regarding Viridis Energy (Texas), LP, Docket No. 2007-1470-AIR-E on April 16, 2008 assessing $7,455 in administrative penalties with $1,491 deferred.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-1471-AIR-E on April 16, 2008 assessing $7,125 in administrative penalties with $1,425 deferred.

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

An agreed order was entered regarding Pelican Refining Company LLC, Docket No. 2007-1487-AIR-E on April 16, 2008 assessing $9,120 in administrative penalties with $1,824 deferred.

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

An agreed order was entered regarding Weirich Bros., Inc., Docket No. 2007-1489-AIR-E on April 16, 2008 assessing $1,320 in administrative penalties with $264 deferred.

An agreed order was entered regarding ONEOK Hydrocarbon Southwest, LLC, Docket No. 2007-1490-AIR-E on April 16, 2008 assessing $2,808 in administrative penalties with $561 deferred.

An agreed order was entered regarding Diocese of Galveston Houston, Docket No. 2007-1499-MWD-E on April 16, 2008 assessing $11,626 in administrative penalties with $2,325 deferred.

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

An agreed order was entered regarding Dallas Area Rapid Transit dba DART East Dallas Support Services Overhaul Shop, Docket No. 2007-1501-PST-E on April 16, 2008 assessing $1,875 in administrative penalties with $375 deferred.

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

An agreed order was entered regarding City of Tatum, Docket No. 2007-1516-PWS-E on April 16, 2008 assessing $2,343 in administrative penalties with $468 deferred.

Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 403-4077, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Scurry-Rosser Independent School District, Docket No. 2007-1532-MWD-E on April 16, 2008 assessing $6,200 in administrative penalties with $1,240 deferred.

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

An agreed order was entered regarding Amigo's Fuel Center, L.P., Docket No. 2007-1533-MLM-E on April 16, 2008 assessing $3,750 in administrative penalties with $750 deferred.

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

An agreed order was entered regarding Z Q Inc. dba Max Mart, Docket No. 2007-1535-PST-E on April 16, 2008 assessing $4,500 in administrative penalties with $900 deferred.

An agreed order was entered regarding Clara Hills Civic Association, Docket No. 2007-1537-PWS-E on April 16, 2008 assessing $342 in administrative penalties with $68 deferred.

An agreed order was entered regarding City of Hamilton, Docket No. 2007-1540-PWS-E on April 16, 2008 assessing $4,687 in administrative penalties with $937 deferred.

An agreed order was entered regarding R. A. Bagwell Oil Company, Inc., Docket No. 2007-1555-IWD-E on April 16, 2008 assessing $9,850 in administrative penalties with $1,970 deferred.

An agreed order was entered regarding Barney M. Davis, LP, Docket No. 2007-1570-AIR-E on April 16, 2008 assessing $2,470 in administrative penalties with $494 deferred.

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

An agreed order was entered regarding Marina Bello dba Bello's Korner Store, Docket No. 2007-1571-PST-E on April 16, 2008 assessing $5,000 in administrative penalties with $1,000 deferred.

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

An agreed order was entered regarding BP Amoco Chemical Company, Docket No. 2007-1574-AIR-E on April 16, 2008 assessing $6,875 in administrative penalties with $1,375 deferred.

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

An agreed order was entered regarding WTG Jameson, LP, Docket No. 2007-1576-AIR-E on April 16, 2008 assessing $970 in administrative penalties with $194 deferred.

An agreed order was entered regarding Arbor Care, Inc., Docket No. 2007-1583-MSW-E on April 16, 2008 assessing $4,415 in administrative penalties with $883 deferred.

An agreed order was entered regarding Restaurant Service, L.L.C., Docket No. 2007-1614-MWD-E on April 16, 2008 assessing $8,960 in administrative penalties with $1,792 deferred.

An agreed order was entered regarding City of Gregory, Docket No. 2007-1627-PWS-E on April 16, 2008 assessing $165 in administrative penalties with $33 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Trinidad, Docket No. 2007-1629-MWD-E on April 16, 2008 assessing $8,520 in administrative penalties with $1,704 deferred.

An agreed order was entered regarding Jesus Martinez dba Ideal Landscapes, Docket No. 2007-1647-LII-E on April 16, 2008 assessing $625 in administrative penalties with $125 deferred.

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

An agreed order was entered regarding City of Gorman, Docket No. 2007-1683-MWD-E on April 16, 2008 assessing $5,022 in administrative penalties with $1,004 deferred.

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

An agreed order was entered regarding Aus-Tex Parts & Services, Ltd., Docket No. 2007-1710-MWD-E on April 16, 2008 assessing $7,000 in administrative penalties with $1,400 deferred.

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

An agreed order was entered regarding City of Redwater, Docket No. 2007-1723-MWD-E on April 16, 2008 assessing $3,100 in administrative penalties with $620 deferred.

An agreed order was entered regarding Lumberton Municipal Utilities District, Docket No. 2007-1727-PWS-E on April 16, 2008 assessing $900 in administrative penalties with $180 deferred.

An agreed order was entered regarding Oxy Vinyls, LP, Docket No. 2007-1731-AIR-E on April 16, 2008 assessing $3,275 in administrative penalties with $655 deferred.

An agreed order was entered regarding Eastman Cogeneration LP, Docket No. 2007-1737-AIR-E on April 16, 2008 assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding Port Terminal Railroad Association, Docket No. 2007-1746-MWD-E on April 16, 2008 assessing $2,840 in administrative penalties with $568 deferred.

An agreed order was entered regarding City of Petrolia, Docket No. 2007-1794-PWS-E on April 16, 2008 assessing $605 in administrative penalties.

A field citation was entered regarding Doggett Heavy Machinery Services, Ltd., Docket No. 2007-1922-PST-E on April 16, 2008 assessing $2,625 in administrative penalties.

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

A field citation was entered regarding ICON Builders, L.L.C., Docket No. 2007-1916-WQ-E on April 16, 2008 assessing $700 in administrative penalties.

A field citation was entered regarding Weekley Homes, L.P., Docket No. 2007-1969-WQ-E on April 16, 2008 assessing $700 in administrative penalties.

An order was entered regarding Hamsho, Inc., Docket No. 2005-1287-PST-E on April 9, 2008 assessing $35,125 in administrative penalties.

TRD-200802278

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 30, 2008

Notice of Availability of the Draft April 2008 Update to the Water Quality Management Plan for the State of Texas

The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft April 2008 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).

The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities, designated management agency information and total maximum daily load (TMDL) updates.

A copy of the draft April 2008 WQMP update may be found on the commission's Web site located at http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.

Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on June 9, 2008. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.

TRD-200802230

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: April 29, 2008

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 9, 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 June 9, 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: Advantage Asphalt Products, Ltd.; DOCKET NUMBER: 2007-0548-WQ-E; TCEQ ID NUMBER: RN104416722; LOCATION: 4241 County Road 22, Claude, Armstrong County, Texas; TYPE OF FACILITY: sand and gravel mining operation; RULES VIOLATED: 30 TAC §305.125(1) and Multi-Sector Industrial General Permit (MSGP) Number TXR05R233, Part III, Section A(4)(c)(1) - (12), by failing to adequately develop a site map that meets the requirements of the MSGP as documented on June 26 and July 11, 2006 and March 9, 2007; 30 TAC §305.125(1) and MSGP Number TXR05R233, Part III, Sections A(5), (5)(c), and (5)(e), and A(6)(a), by failing to develop and implement erosion control measures and Best Management Practices to reduce the discharge or potential discharge of pollutants in storm water as documented on June 26 and July 11, 2006 and March 9, 2007; 30 TAC §305.125(1) and MSGP Number TXR05R233, Part III, Section A(6)(a), by failing to design and describe adequate structural controls in the Storm Water Pollution Prevention Plan (SWP3) as documented on June 26 and July 11, 2006 and March 9, 2007; and 30 TAC §305.125(1) and MSGP Number TXR05R233, Part III, Section A(5)(d), by failing to include a section within the SWP3 regarding a maintenance program for storm water structural controls as documented on June 26 and July 11, 2006 and March 9, 2007; PENALTY: $2,205; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(2) COMPANY: American Golf Corporation and Wynnwood Peninsula Golf, LLC; DOCKET NUMBER: 2005-2084-MWD-E; TCEQ ID NUMBER: RN104402714; LOCATION: 1000 Boyd Road, The Colony, Denton County, Texas; TYPE OF FACILITY: unauthorized on-site sewage facility; RULES VIOLATED: 30 TAC §305.42(a) and Texas Water Code (TWC), §26.121, by failing to obtain proper authorization for the treatment and disposal of wastewater; PENALTY: $2,200; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: City of Hubbard; DOCKET NUMBER: 2007-0104-PWS-E; TCEQ ID NUMBER: RN101178465; LOCATION: 220 South Magnolia Avenue, Hubbard, Hill County, Texas; TYPE OF FACILITY: public water supply (PWS) system; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement or an approved exception to the easement requirement that covers the land within 150 feet of well number 1; 30 TAC §290.44(h)(4), by failing to have backflow prevention assemblies tested and certified to be operating within specifications at least annually by a recognized backflow prevention assembly tester; 30 TAC §290.45(b)(1)(D)(iv) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or pressure tank capacity of 20 gallons per connection; and 30 TAC §290.45(f)(3), by failing to secure a water purchase contract that establishes the maximum rate at which water may be drafted on a daily or hourly basis or a uniform purchase rate for the contract period; PENALTY: $715; Supplemental Environmental Project (SEP) offset amount of $715 applied to Texas Association of Resource Conservation & Development Areas, Inc. Water or Wastewater Assistance; STAFF ATTORNEY: Mary E. Coleman, Litigation Division MC R-4, (817) 588-5917; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: Consolidated Construction Recycling Services, Ltd.; DOCKET NUMBER: 2007-1090-MSW-E; TCEQ ID NUMBER: RN104949839; LOCATION: 1629 Parker Road, Carrollton, Denton County, Texas; TYPE OF FACILITY: construction recycling service facility; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of unprocessed construction and demolition debris including lumber pallets, wood scraps, and other material at an unauthorized facility; PENALTY: $15,500; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Gulf Coast Composite Marine Specialist Inc.; DOCKET NUMBER: 2007-1424-AIR-E; TCEQ ID NUMBER: RN100887306; LOCATION: 2301 Anders Lane, Kemah, Galveston County, Texas; TYPE OF FACILITY: boat refinishing operation; RULES VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(a) and §382.0518(a), by failing to obtain permit authorization as documented on June 6, 2007; and 30 TAC §101.4 and THSC, §382.085(a) and (b), by failing to prevent a nuisance condition; PENALTY: $3,300; SEP offset amount of $1,650 applied to Houston-Galveston Area Emission Reduction Credit Organization Clean Cities/Clean Vehicles Program; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(6) COMPANY: H. Mitchell Enterprises, Inc. dba Dirt-Tech Construction & Excavation; DOCKET NUMBER: 2007-1753-MSW-E; TCEQ ID NUMBER: RN103719795; LOCATION: 7070 Hudson Cemetery, Kennedale, Tarrant County, Texas; TYPE OF FACILITY: sand, gravel, and mulching operation; RULES VIOLATED: 30 TAC §328.5(b), by failing to submit a Notice of Intent for recycling operations within 90 days prior to the commencement of operations; 30 TAC §328.5(c), by failing to submit a written closure cost estimate to the TCEQ; 30 TAC §328.5(d), by failing to establish and maintain financial assurance for the closure of a recycling facility that stores combustible materials (brush, tree trimmings, clean lumber, and mulch) outdoors; 30 TAC §328.5(f), by failing to maintain records; 30 TAC §328.5(h), by failing to have a fire prevention and suppression plan; and 30 TAC §328.4(b)(3), by failing to recycle or transfer to a different site for recycling at least 50% by weight or volume of material accumulated at the beginning of the period during each subsequent six month period; PENALTY: $8,942; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Joey Sisca; DOCKET NUMBER: 2005-1114-LII-E; TCEQ ID NUMBER: RN104574389; LOCATIONS: 3306 Parliament Cove and 21106 Ridgeview Road, Lago Vista, Travis County, Texas; TYPE OF FACILITIES: landscape irrigations systems; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold an irrigators license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system, including the connection of such system to any water supply; 30 TAC §30.5(b), by failing to possess an irrigator license before advertising or representing to the public that he could perform services for which a license was required without holding such a license or employing an individual who held a current license; and 30 TAC §334.58(b) and §30.5(b), by failing as an individual to refrain from using or attempting to use the license of someone else who is a licensed irrigator licensed installer and to possess an irrigator license before advertising or representing to the public that an individual can perform services for which a license is required unless the individual holds a license or employs an individual who holds a current license; PENALTY: $4,000; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(8) COMPANY: Shell Chemical LP; DOCKET NUMBER: 2007-1218-AIR-E; TCEQ ID NUMBER: RN100211879; LOCATION: 5900 Highway 225, Deer Park, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULES VIOLATED: 30 TAC §101.201(a)(1)(B) and §116.115(c), THSC, §382.085(b), and Air Permit Number 9334, Special Condition Number 1, by failing to prevent unauthorized emissions; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the TCEQ when the actual benzene emission exceeded the estimate provided in the initial shutdown notification by more than the reportable quantity (Incident Number 87494); and 30 TAC §116.115(c), THSC, §382.085(b), and Air Permit Number 3173, Special Condition Number 1, by failing to prevent unauthorized emissions; PENALTY: $31,540; SEP offset amount of $15,770 applied to Houston-Galveston Area Emission Reduction Credit Organization Clean Cities/Clean Vehicles Programs; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(9) COMPANY: Trudy J. Gillem dba Country Villa Mobile Home Park; DOCKET NUMBER: 2005-0201-PWS-E; TCEQ ID NUMBER: RN101441764; LOCATION: north side of Highway 202, approximately three miles east of Beeville, Beeville County, Texas; TYPE OF FACILITY: mobile home park with a PWS; RULES VIOLATED: 30 TAC §290.46(e) and Agreed Order Number 2000-0422-PWS-E, Ordering Provision 2.a., by failing to operate the system under the direct supervision of a competent water works operator holding a Grade "D" or higher operator's license; 30 TAC §290.45(b)(1)(F)(iii) and Agreed Order Number 2000-0422-PWS-E, Ordering Provision 2.g., by failing to provide two or more service pumps with a total rate capacity of 2.0 gallons per minute per connection; 30 TAC §290.45(b)(1)(F)(iv) and Agreed Order Number 2000-0422-PWS-E, Ordering Provision 2.g., by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.41(c)(3)(N) and Agreed Order Number 2000-0422-PWS-E, Ordering Provision 2.b.ii., by failing to provide a flow meter on the well pump discharge line; 30 TAC §290.110(d)(1)(C) (formerly 30 TAC §290.110(d)(3)(C)(ii)), by failing to test the chlorine residual on water collected from various locations within the distribution system using a test kit which employs a N,N-diethyl-p-phenylenediamine indicator; 30 TAC §290.46(f)(3)(A) and (B)(iii), by failing to keep on file and make available for commission review a record of operations for the previous two years and disinfectant residual monitoring results from the distribution system for the previous three years; 30 TAC §290.46(m)(1), by failing to inspect the pressure tank and ground storage tank at least annually; 30 TAC §290.43(c)(4), by failing to equip the ground storage tank with a water level indicator located at the tank site; TWC, §7.101, by failing to comply with Ordering Provisions 2.a. through 2.d. and 2.f. through 2.g. from TCEQ Administrative Order Docket Number 2000-0422-PWS-E; and 30 TAC §290.51(a)(3), TWC, §5.702, and Agreed Order Number 2000-0422-PWS-E, Ordering Provision 2.b.iv., by failing to pay all public health service fees (Account Number 90130058) for calendar years 1996-2005; PENALTY: $3,906; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

TRD-200802231

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 29, 2008

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is June 9, 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 June 9, 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: Ahmad Kassira and Kamal Kassira dba Sandy's Food Mart; DOCKET NUMBER: 2006-0048-PST-E; TCEQ ID NUMBER: RN102045739; LOCATION: 2740 Sandy Lane, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility 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 §334.8(c)(4)(B) and Texas Water Code (TWC), §26.346(a), by failing to ensure that the UST and Registration Self-Certification Form is fully and accurately completed and that it is submitted to the agency in a timely manner; 30 TAC §334.46(d)(4)(B) and TWC, §26.3475, by failing to perform a cathodic test after installation for a steel/fiberglass reinforced plastic composite tank or for a steel tank within a bonded fiberglass reinforced plastic external cladding to ensure that the steel tank shell remained electrically isolated from the surrounding soil, backfill, groundwater, and other metal components; 30 TAC §334.48(c), by failing to conduct inventory control for all USTs involved in the retail sale of petroleum substances used as a motor fuel each operating day; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month (not to exceed 35 days between monitoring); 30 TAC §334.51(b)(2)(C) and TWC, §26.3475(c)(2), by failing to equip each tank with a valve or other device designed to automatically shut off the flow of regulated substances into the tank when the liquid level in the tank reaches no higher than 95% capacity; 30 TAC §334.48(c), by failing to conduct inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to ensure that an application for renewal of a delivery certificate is properly and timely filed; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.22(a) and TWC, §5.702, by failing to pay UST fees for Fiscal Year 2005 as recorded in TCEQ Financial Account Number 0055906U; and TCEQ Default Order, Docket Number 2000-0178-PST-E, Ordering Provision Number 1, effective July 23, 2001, by failing to pay the $2,500 administrative penalty; PENALTY: $22,425; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Dhanani Investment Inc. dba Saveway Food Market; DOCKET NUMBER: 2007-1739-PST-E; TCEQ ID NUMBER: RN100871300; LOCATION: 13501 South Post Oak Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.242(1)(C) and Texas Health and Safety Code (THSC), §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review upon request by agency personnel; 30 TAC §334.8(c)(5)(B)(ii), by failing to renew a delivery certificate by timely and proper submission of a completed UST registration and self-certification form to the agency at least 30 days before the expiration date of the delivery certificate; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $4,600; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Evans Weaver; DOCKET NUMBER: 2007-0393-LII-E; TCEQ ID NUMBER: RN104787213; LOCATION: 4819 G Capitol of Texas Highway, Austin, Travis County, Texas; TYPE OF FACILITY: landscape business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold a current TCEQ irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system, including the connection of such system to any water supply; PENALTY: $625; 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: Faridabano Gaffar dba Comet Cleaners; DOCKET NUMBER: 2006-0837-DCL-E; TCEQ ID NUMBER: RN100708338; LOCATION: 5739 Crowley Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station; PENALTY: $1,185; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Gloria Serenil; DOCKET NUMBER: 2007-1503-PST-E; TCEQ ID NUMBER: RN101890721; LOCATION: 1405 Highway 181 North, Normanna, Bee County, Texas; TYPE OF FACILITY: property with three inactive USTs; RULES VIOLATED: 30 TAC §334.7(d)(1)(A), by failing to notify the agency of any change or additional information regarding USTs within 30 days from the date of occurrence of the change or addition; and 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 the upgrade requirements; PENALTY: $16,800; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(6) COMPANY: Jesus Marroquin; DOCKET NUMBER: 2007-0301-MSW-E; TCEQ ID NUMBER: RN105109128; LOCATION: on the west side of Western Road, approximately 0.25 miles north of the intersection of Western Road and Farm-to-Market Road 1924, near Mission, Hidalgo County, Texas; TYPE OF FACILITY: abandoned sand and gravel pit; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $5,000; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(7) COMPANY: Johnny Williams dba Mesujo Services dba Mesujo South; DOCKET NUMBER: 2004-1066-WQ-E; TCEQ ID NUMBER: RN104316112; LOCATION: 1706 Wald Road, New Braunfels, Comal County, Texas; TYPE OF FACILITY: a mine of nonmetallic minerals; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activity to water in the state through an individual permit or a Texas Pollutant Discharge Elimination System Multi-Sector General Permit; PENALTY: $40,000; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(8) COMPANY: Mohammad Rafiul Habib dba South Buckner Food Mart; DOCKET NUMBER: 2004-1655-PST-E; TCEQ ID NUMBER: RN101543494; LOCATION: 521 South Buckner Boulevard, Dallas, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to provide acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases from the operation of petroleum USTs; PENALTY: $1,130; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Nazneen Dhanani dba Coldspring Food Store; DOCKET NUMBER: 2004-0488-PST-E; TCEQ ID NUMBER: RN102276334; LOCATION: State Highway 150 West, approximately one half mile west of Coldspring, San Jacinto 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 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 §334.10(b)(1)(B) and §334.49(e)(2)(B)(ii), by failing to maintain and make immediately available upon request by TCEQ personnel, the results of all tests and inspections of the adequacy of the cathodic protection system; 30 TAC §334.48(c), by failing to conduct inventory control; 30 TAC §334.50(b)(2)(A)(i)(III), by failing to successfully test the line leak detector on the regular unleaded line for performance and operational reliability at least once per year; and 30 TAC §334.22, by failing to pay outstanding UST fees for TCEQ Financial Account Number 0053532U for Fiscal Years 2003-2004; PENALTY: $16,275; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200802232

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: April 29, 2008

Notice of Water Quality Applications

The following notices were issued during the period of April 9, 2008 through April 24, 2008.

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

INFORMATION SECTION

CITY OF ANSON has applied for a major amendment to Permit No. WQ0010500002 to authorize an increase in the daily average flow from 275,000 gallons per day to 340,000 gallons per day and to increase the acreage irrigated from 58 acres to 91 acres. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 4,500 feet east northeast of the intersection of U.S. Highway 83 and U.S. Highway 180 in Jones County, Texas.

AQUA UTILITIES, INC. has applied for a renewal of TPDES Permit No. WQ0012122001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 250,000 gallons per day. The facility is located on the south side of Carpenters Bayou, approximately 3/4 mile southeast of Carpenters Bayou's crossing of Interstate Highway 10 in Harris County, Texas.

CITY OF BAYTOWN has applied for a renewal of TPDES Permit No. WQ0010395007, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The facility is located at 3030 Ferry Road approximately 2,250 feet south of the intersection of Ferry Road and Massey Thompkins Road in Harris County, Texas.

BOSQUE POWER COMPANY, LLC which operates Bosque County Power Plant, a combined cycle electric generating station, has applied for a major amendment to TPDES Permit No. WQ0004167000 to authorize an increase in the daily average flow volume at Outfall 001 from a volume not to exceed 1,800,000 gallons per day to a volume not to exceed 5,480,000 gallons per day; an increase in the daily maximum flow at Outfall 001 from a volume not to exceed 2,700,000 gallons per day to a volume not to exceed 8,320,000 gallons per day; to authorize the relocation of Outfall 001 from a discharge point into an unnamed tributary to a discharge point directly into the Brazos River Below Lake Whitney; and the additional discharge of low volume waste on an intermittent and flow variable basis via new internal Outfall 102. The current permit authorizes the discharge of cooling tower blowdown, evaporative cooling system blowdown, previously monitored effluents (PME), and storm water at a daily average flow not to exceed 1,800,000 gallons per day via Outfall 001; and low volume waste sources and metal cleaning wastes on an intermittent and flow variable basis via Outfall 101. The facility is located at Bosque County Road 3610, #557, approximately one mile east of the intersection of Bosque County Road 3610 and Farm-to-Market Road 56, and approximately 0.75 miles downstream of the Whitney Lake Dam, Bosque County, Texas.

CEDAR BAYOU PARK UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011713001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at the Southern Pacific Railroad crossing of McGee Gully, approximately 5,000 feet south of Interstate Highway 10 and approximately 5,000 feet southeast of the intersection of Interstate Highway 10 and Sjolander Road in Harris County, Texas.

EXXONMOBIL REFINING & SUPPLY COMPANY which operates the ExxonMobil Baytown Complex, an integrated petroleum refinery and organic chemical manufacturing facility, which receives compatible wastes from an adjacent sulfuric acid manufacturing plant, has applied for a major amendment to TPDES Permit No. WQ0000592000 to authorize an increase in effluent limits via Outfall 001; recalculate the single grab effluent limits at Outfall 001; reduce various sampling frequencies at Outfall 001; define hydrostatic test water, gray water (from hand washing areas), and periodic construction storm water as facility wastewaters to be treated and discharged via Outfalls 001 and 002; revise the Other Requirement minimum analytical levels; add an Other Requirement to address pond algae or plant control procedures; remove the biomonitoring requirement at Outfall 002 or revise the composite biomonitoring sampling requirement to a single grab sampling requirement at Outfall 002; authorize the treatment and discharge of similar wastewaters from non-adjacent ExxonMobil affiliates; revise the definition of the 10-year, 24-hour precipitation event; and remove the daily average flow reporting requirement from Outfalls 102 and 002. The current permit authorizes the discharge of facility wastewater (process wastewater, storm water, groundwater, cooling tower blowdown, steam condensate, domestic wastewater, ballast water, firewater, silt settling pond water, and regenerate from a demineralizer plant) at a daily average flow not to exceed 33,000,000 gallons per day via Outfall 001; the discharge of previously monitored effluents (PMEs include process wastewater, storm water, groundwater, cooling tower blowdown, steam condensate, ballast water, firewater, silt pond settling water, and regenerate water from a demineralizer plant) on an intermittent and flow variable basis via Outfall 002; and the discharge of regenerate water from a demineralizer plant at a daily average flow not to exceed 3,000,000 gallons per day via Outfall 003. The facility is located at 2800 Decker Drive, adjacent to the Houston Ship Channel, in the City of Baytown, Harris County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

CITY OF LADONIA has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0014673001 to authorize the creation of an interim phase with a reduced flow not to exceed 250,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 530,000 gallons per day. The facility is located approximately 900 feet west of State Highway 50 and approximately 700 feet south of the intersection of State Highway 50 and Farm-to-Market Road 2456 in Fannin County, Texas.

CITY OF PASADENA has applied for a renewal of TPDES Permit No. WQ0010053003 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located approximately 100 yards south of Spencer Highway and adjacent to the west edge of Denkman Road in Harris County, Texas.

PASADENA REFINING SYSTEM, INC which operates the Pasadena Refinery, has applied for a renewal of TPDES Permit No. WQ0000574000, which authorizes the discharge of storm water on an intermittent and flow variable basis via Outfall 001; and storm water and hydrostatic test water on an intermittent and flow variable basis via Outfalls 002 and 003. The facility is located at 111 Red Bluff Road, immediately northeast of the intersection of Red Bluff Road and South Shaver Street, as well as immediately southeast of the intersection of Red Bluff Road and State Highway 225, in the City of Pasadena, Harris County, Texas.

QUADVEST, L.P. has applied for a renewal of TPDES Permit No. WQ0014542001 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 500 feet south-southwest of the intersection of Magnolia Industrial Boulevard and Farm-to-Market Road 1774 in Montgomery County, Texas.

RAYFORD CROSSING, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014862001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 22,000 gallons per day. The facility is located at 29321 South Plum Creek Road, approximately 0.9 mile south of the intersection of Rayford Road and Geneva Road, in Montgomery County, Texas.

SOUTHWEST SHIPYARD, L.P. which operates Southwest Shipyard, has applied for a major amendment to TPDES Permit No. WQ0002605000 to authorize an increase in ammonia-nitrogen, phenols, and nickel limitations at Outfall 001 and an increase in total suspended solids at Outfalls 003, 004 and 005. The current permit authorizes a discharge of treated: barge wash waters, third-party biotreatable wastewater, groundwater remediation project wastewater, domestic wastewater, utility wastewaters (vacuum tower cooling water, boiler blowdown), steam condensate, barge ballast water, reverse osmosis wastewater, fresh water filter backwash, and contaminated storm water runoff via Outfall 001 at a daily average flow not to exceed 175,000 gallons per day; treated dry dock runoff and storm water runoff on an intermittent and flow variable basis via Outfalls 003, 004, and 005; and clean barge ballast water on an intermittent and flow variable basis via Outfall 006. The facility is located at 18310 Market Street in the city of Channelview, Harris County, Texas.

TERRA RENEWAL SERVICES, INC. has applied for Permit No. WQ0004830000 to authorize the land application of sewage sludge for beneficial use on 326.9 acres. The proposed land application site would be located adjacent to the east side of Farm-to-Market Road 2276, extending from approximately 300 feet north of the intersection of Farm-to-Market Road 2276 and Farm-to-Market Road 2204, northward to approximately 600 feet south of the intersection of Farm-to-Market Road 2276 and Farm-to-Market Road 349, approximately 1.5 miles east of the City of Kilgore in Gregg County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION which operates the Texas Department of Transportation Municipal Separate Storm Sewer System (MS4), has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment of NPDES Permit No. TXS000402 to add authorization of discharges from portions of the MS4 located within additional areas of Hays, Travis, and Williamson counties not currently covered by the existing permit. The current permit authorizes storm water point source discharges to surface water in the state from the Texas Department of Transportation MS4. This permit will be issued as TPDES Permit No. WQ0004645000. The MS4 is located within right-of-ways owned and operated by the Texas Department of Transportation located within the corporate boundary and the five mile extra-territorial jurisdiction (ETJ) of the City of Austin, within all right-of-ways located outside of the corporate boundary of the City of Austin but within the recharge zone of the Barton Springs portion of the Edwards Aquifer in Hays, Travis, and Williamson Counties, Texas, and within right-of-ways that are located within incorporated or unincorporated portions of the urbanized areas of Hays, Travis, and Williamson Counties, Texas.

WILDWOOD PROPERTY OWNERS ASSOCIATION has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011184001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 24,000 gallons per day. The facility is located at the corner of Balsawood and Chestnut Streets in the community of Wildwood, approximately 0.25 mile south of Lake Kimble and approximately 2.5 miles west of the intersection of U.S. Highways 69 and 287 and Farm-to-Market Road 3063 in Hardin County, Texas.

CITY OF WILLIS has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0010315001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 800,000 gallons per day. The facility is located 200 yards west of the U.S. Highway 75 crossing of the East Fork of Crystal Creek and approximately 2 miles south of the City of Willis in Montgomery County, Texas.

Concentrated Animal Feeding Operation

The following require the applicants to publish notice in a newspaper. Written comments and requests for a public meeting may be submitted to the Office of the Chief Clerk, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

Consideration of the application by HORIZON DAIRY for a major amendment of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0003672000, for a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant to operate an existing dairy cattle facility at a maximum capacity of 3,600 head, of which 3,000 head are milking cows and to increase land management unit acreage from 775 acres to 884 acres. The facility is located on the north side of Farm-to-Market Road 219 approximately 3.5 miles east of the intersection of U.S. Highway 281 and Farm-to-Market Road 219, said intersection is approximately 12 miles north of the city of Hamilton in Hamilton 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-200802276

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 30, 2008

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on April 22, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Clarence A. Reeves dba Pleasant Ridge Addition dba Timber Creek Addition; SOAH Docket No. 582-08-1716; TCEQ Docket No. 2005-1860-PWS-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Clarence A. Reeves dba Pleasant Ridge Addition dba Timber Creek Addition on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200802279

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 30, 2008

Revised Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit Major Amendment

For the Period of April 16, 2008.

APPLICATION. Ruffino Hills Transfer Station, L.P., c/o Fort Bend County Regional Landfill, 14115 Davis Estates Road, Needville, Fort Bend County, Texas 77461, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to the permit for Ruffino Hills Transfer Station, an existing Type V municipal solid waste transfer station, to increase the maximum daily waste rate from 850 tons/day to 2,000 tons/day and to revise the hours of operation. The facility is located at 9720 Ruffino Road, Houston, Harris County, Texas. The TCEQ received the application on March 14, 2008. The permit application is available for viewing and copying at the Houston Public Library, Frank Neighborhood Branch, 6440 West Bellfort Street, Houston, Harris County, Texas.

ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court. TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "I/we request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from Ruffino Hills Transfer Station, L.P. at the address stated above or by calling Mr. B. Jeffery Hobby at (713) 988-4274.

TRD-200802277

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: April 30, 2008

Texas Facilities Commission

Request for Proposals #303-8-10491-A

The Texas Facilities Commission (TFC), on behalf of the Office of the Attorney (OAG), announces the issuance of Request for Proposals (RFP) #303-8-10491-A. TFC seeks a 5 or 10 year lease of approximately 11,233 square feet of office space in Austin, Travis County, Texas.

The deadline for questions is May 16, 2008 and the deadline for proposals is May 23, 2008 at 3:00 p.m. The award date is July 16, 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=76237.

TRD-200802169

Kay Molina

General Counsel

Texas Facilities Commission

Filed: April 25, 2008

Texas Health and Human Services Commission

Correction to Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) published a public notice regarding the proposed Medicaid payment rates for eight laboratory procedure codes associated with the 2008 Healthcare Common Procedure Coding System (HCPCS) update in the May 2, 2008, issue of the Texas Register (33 TexReg 3681). The notice included an incorrect telephone number, incorrect description of the procedure codes as being associated with the First Quarter 2008 HCPCS update rather than the annual 2008 HCPCS update, and incorrect proposed retroactive effective date of April 1, 2008, rather than January 1, 2008. The rate hearing is still scheduled for May 19, 2008. The correct notice should be as follows:

The Texas Health and Human Services Commission will conduct a public hearing on May 19, 2008 at 1:30 p.m. to receive public comment on proposed Medicaid rates for eight laboratory procedure codes associated with the annual 2008 Healthcare Common Procedure Coding System (HCPCS) update. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. These procedure codes were added as new benefits under the Texas Medicaid Program in the January 2008 HCPCS Special Bulletin, No. 213. The proposed payment rates for the new eight laboratory procedure codes associated with the annual 2008 HCPCS update include seven clinical laboratory procedure codes and one nonclinical laboratory procedure and are proposed to be effective retroactively to January 1, 2008.

Methodology and Justification. The proposed payment rates for the clinical laboratory procedure codes are calculated in accordance with 1 TAC §355.8610, relating to Reimbursement for Clinical Laboratory Services. The proposed payment for the one nonclinical laboratory procedure code is calculated in accordance with 1 TAC §355.8081, which includes the reimbursement methodology for laboratory services.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after May 5, 2008. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Kimbra Rawlings by telephone at (512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us. The briefing package also will be available at the public hearing.

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

People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by May 14, 2008, so appropriate arrangements can be made.

TRD-200802234

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 29, 2008

Correction to Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) published a public notice regarding the proposed Medicaid payment rates for 23 procedure codes associated with the 2008 Healthcare Common Procedure Coding System (HCPCS) update in the May 2, 2008, issue of the Texas Register (33 TexReg 3680). The notice included an incorrect telephone number, an incorrect description of HCPCS, and an incorrect reference to the first quarter HCPCS update rather than second quarter HCPCS update. The rate hearing is still scheduled for May 19, 2008. The correct notice should be as follows:

The Texas Health and Human Services Commission will conduct a public hearing on May 19, 2008 at 1:30 p.m. to receive public comment on proposed Medicaid rates for 23 procedure codes associated with 2008 Healthcare Common Procedure Coding System (HCPCS) updates. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Blvd, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for 22 procedure codes associated with the 2008 HCPCS annual update include 14 physician-administered drugs procedure codes, three expendable medical supplies procedure codes, and five durable medical equipment (DME) procedure codes and are proposed to be effective retroactively to January 1, 2008. The proposed payment rate for one procedure code associated with the second quarter 2008 HCPCS update includes one DME procedure code and is proposed to be effective retroactively to April 1, 2008.

Methodology and Justification. The proposed payment rates for the physician-administered drugs procedure codes are calculated in accordance with 1 TAC §355.8085, relating to the Texas Medicaid Reimbursement Methodology (TMRM) for Physicians and Certain Other Practitioners and the specific fee guidelines published in Section 2.2.1.2 of the 2008 Texas Medicaid Provider Procedures Manual. The proposed payment rates for the expendable medical supplies procedure codes are calculated in accordance with 1 TAC §355.8021(b), relating to the Reimbursement Methodology for Home Health Services, and 1 TAC §355.8441(2), relating to the Reimbursement Methodologies for Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Services. The proposed payment rates for the DME procedure codes are calculated in accordance with 1 TAC §355.8021(c), which addresses the reimbursement methodology for DME as a home health service and 1 TAC §355.8441(3), relating to the reimbursement methodology for DME under the Early and Periodic, Screening, Diagnosis, and Treatment (EPSDT) Program, which is known as the Texas Health Steps Program or THSteps.

TRD-200802235

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: April 29, 2008

Department of State Health Services

Notice of Public Meeting

The Department of State Health Services (department) will hold a public meeting to accept public comments on the proposed rules to amend 25 Texas Administrative Code, Chapter 97, Subchapter B, §97.61 and §§97.63 - 97.72. The proposed rules are undergoing a required four-year review of rules pursuant to Government Code, §2001.039, and are scheduled for presentation at the June 2008 State Health Services Council meeting.

The public meeting will begin at 1:00 p.m. on Monday, May 12, 2008, in K-100 (Lecture Hall) located at the Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756. Comment time for each individual will be determined by the total number of persons registered to speak.

To view the proposed changes, please visit the department's Immunization Branch website at the following link: http://www.dshs.state.tx.us/immunize/rulechange.shtm#public.

The following is a highlight of proposed revisions to the rules for school and child-care facility immunization requirements.

Meningococcal Vaccine.*

-Beginning School Year (SY) 2009 - 2010, 7th grade requirement.

Varicella Vaccine.

-Beginning SY 2009 - 2010, 2 dose requirement for kindergarten and 7th grade entry.

Tdap Vaccine.

-Beginning SY 2009 - 2010, a booster dose requirement for Tdap for 7th grade.

MMR Vaccine.

-Beginning SY 2009 - 2010, 2 dose requirement of MMR vaccine for kindergarten entry.

Hepatitis A Vaccine.

-Beginning SY 2009 - 2010, 2 dose requirement for kindergarten entry statewide.

General revisions are incorporated that clarify or simplify language throughout the rules relating to the school and child care requirements.

*Additional information on Meningococcal Vaccine.

*Meningococcal School Vaccine Requirement Requested . Department rules that specify immunization requirements for school entry are currently undergoing the required four-year review. Stakeholders, including the Texas Medical Association, the Texas Pediatric Society, school nurses, and the Meningitis Angels (an advocacy group) have requested that the department add a middle school entry requirement for meningococcal vaccine to proposed rules for adolescents. Since the rules are open for review, this is an appropriate time to consider this requirement.

*Impact of Meningococcal Disease. The Centers for Disease Control and Prevention (CDC) estimates 1,400 - 2,800 cases of meningococcal disease occur in the United States annually. Transmission is from person to person through direct contact with nose and throat secretions. An infected person can transmit the disease by coughing or sneezing directly into the face of others, kissing a person on the mouth, or sharing a glass or cup. Of those diagnosed with meningococcal disease, 10 to 14 percent die. Eleven to 19 percent of survivors have life-long disabilities such as neurological disability, limb loss, or hearing loss. This disease is communicable, sometimes debilitating and fatal. However, it is preventable and an effective vaccine is recommended by the CDC and the Advisory Committee on Immunization Practices (ACIP).

*Meningococcal Vaccine Availability and Cost . In January 2005, a new meningococcal vaccine (MCV4) was licensed for use among individuals ages 11 - 55 years. In June 2007, the recommendation was revised to include routine vaccination of all persons 11 - 18 years of age with one MCV4 dose at the 11 and 12 year old healthcare visit. (Most 11 and 12 year olds are in 7th grade.) The vaccine is currently $68 per dose and is a one-dose series.

Further information may be obtained from Tim Hawkins, Disease Prevention and Intervention Section, Department of State Health Services, 1100 West 49th Street, Austin, Texas 78756, (512) 458-7111, extension 3394 or (800) 292-9152, or electronic mail at Tim.Hawkins@dshs.state.tx.us.

TRD-200802269

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: April 30, 2008

Texas Department of Housing and Community Affairs

Request for Proposal for State of Texas Balance of State Continuum of Care

I. Background and Purpose of Balance of State Continuum of Care (CoC) Project

During the 80th Regular Texas Legislative Session, the Legislature appropriated funds for the 2008 and 2009 biennium for the Texas Department of Housing and Community Affairs (the Department or TDHCA) to support the State's effort to assist rural communities in their efforts to access federal Continuum of Care funds. The funds will be used to provide technical assistance to rural homeless coalitions and other entities considering applying under the State's Balance of State CoC Application to be submitted to the U.S. Department of Housing and Urban Development. The Balance of State areas in Texas include 182 counties, as identified in the Request for Proposals (RFP).

The Department intends to outsource this contract for delivery of the technical assistance and will do so through a Request for Proposals process. The Department will accept proposals from vendors meeting the requirements of the RFP to provide funding to support the delivery of training and technical assistance to units of local government, homeless coalitions or non-profit organizations, that are located in Balance of State areas, applying as an applicant under the State's Balance of State CoC Application for Continuum of Care funds through the U.S. Department of Housing and Urban Development.

II. Request for Proposals

The Department is seeking proposals to provide training and technical assistance to units of local government, homeless coalitions or non-profit organizations, in Balance of State areas, applying for Continuum of Care funds through the U.S. Department of Housing and Urban Development (HUD). TDHCA will contract with an entity to provide the training and technical assistance to interested organizations in the Balance of State areas. The purpose of the training and technical assistance will be to assist units of local government, homeless coalitions or non-profit organizations, in Balance of State areas, to successfully compete for HUD CoC funds.

The locations of the training and technical assistance will be contingent on the requests of interested parties. Entities receiving technical assistance from the successful respondent must be located in a Balance of State area.

III. Request for Proposal Qualifications

Vendors responding to this RFP must meet the qualifications of the RFP.

Vendor will provide technical assistance to the coalition responsible for developing and applying under the State's Balance of State CoC Application to be submitted to HUD. Technical assistance will include, but not be limited to, guidance on application requirements to apply for HUD CoC funding, the State's requirement for inclusion in the State's Balance of State CoC Application, limited research assistance, guidance on the development of a system to address the specific needs of each homeless subpopulation including those experiencing chronic homelessness, veterans, persons with serious mental illness, persons with substance abuse issues, persons with HIV/AIDS, persons with co-occurring diagnoses, victims of domestic violence, youth, and any others. Technical assistance will also include guidance on how to conduct homeless counts/surveys, guidance on conducting an inventory of housing and services for homeless families and individuals, guidance on the development of a coordinated effort to fill gaps between the current inventory of services and existing needs, guidance on the prioritization of projects, and on final work leading to submission of CoC application. During the final phase of technical assistance, the vendor is to conduct a review of the draft application and provide pointers to the applicants on revising the application to improve its competitiveness.

The vendor will need to demonstrate the ability to tailor training and technical assistance to the needs of interested parties, as the interested party experience applying for HUD CoC funding will vary widely.

The vendor will be responsible for coordinating its technical assistance personnel's hotel and travel arrangements, providing technical assistance materials, and providing for any audio/visual needs. These items should be considered when preparing the budget.

A report of the training and technical assistance services rendered must be submitted to TDHCA on a monthly basis using a prescribed reporting format.

The vendor will be paid on a reimbursement basis. Payment will be made within 30 calendar days of the completion of each technical assistance session performed in accordance with the contract upon conclusion of the technical assistance and submission of required reports.

IV. Contract Period

The Department anticipates entering into a 12 month contract, beginning August 1, 2008 through approximately July 31, 2009. All projects should be planned for a maximum of 12 months. However, the Department may consider renewing the contract for an additional 12 months if performance requirements are met.

The RFP will be posted on the Department's web-site http://www.tdhca.state.tx.us and organizations on the Department's ESGP interested party list and the Department's list serve will receive an e-mail notification that the RFP is available on the Department's web-site.

Deadline for Receipt: Monday, June 2, 2008 by 5:00 p.m. CST

Mailing Address:

Julie M. Dumbeck

Manager of Purchasing/Staff Services

Texas Department of Housing and Community Affairs

Post Office Box 13941

Austin, Texas 78711-3941

(All U.S. Postal Service including Express)

Courier Delivery:

Texas Department of Housing and Community Affairs

221 East 11th Street, 1st Floor

Austin, Texas 78701

(FedEx, UPS, Overnight, etc.)

Hand Delivery: If you are hand delivering the Proposal, contact Julie M. Dumbeck at (512) 475-3991 or Sue Jaeger at (512) 475-3984 when you arrive at the lobby of our building for Proposal acceptance.

Questions pertaining to the content of this proposal packet may only be directed to Julie M. Dumbeck at email address julie.dumbeck@tdhca.state.tx.us or by phone at (512) 475-3991.

TRD-200802264

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: April 29, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of MANULIFE INSURANCE COMPANY to JOHN HANCOCK LIFE & HEALTH INSURANCE COMPANY, a foreign life, accident and/or health company. The home office is in Boston, Massachusetts.

Application for incorporation to the State of Texas by CHAMP FRATERNAL BENEFIT SOCIETY, a domestic life, accident and/or health company. The home office is in San Antonio, Texas.

Application for admission to the State of Texas by HOUSING ENTERPRISE INSURANCE COMPANY, INC., a foreign fire and/or casualty company. The home office is in South Burlington, Vermont.

Application for admission to the State of Texas by COASTAL CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Goldsboro, North Carolina.

Application for admission to the State of Texas by FIRST MERCURY CASUALTY COMPANY, a foreign fire and/or casualty company. The home office is in Southfield, Michigan.

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-200802272

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: April 30, 2008

Texas Lottery Commission

Instant Game Number 1041 "Magnificent Millions"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1041 is "MAGNIFICENT MILLIONS". The play style is "key number match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1041 shall be $20.00 per ticket.

1.2 Definitions in Instant Game No. 1041.

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, $20.00, $25.00, $30.00, $40.00, $50.00, $100, $200, $400, $1,000 and $ONE MILL PLAY SYMBOL.

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

FIGURE 1: GAME NO. 1041 - 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 $20.00.

G. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $100, $200 or $400.

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

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 (1041), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 25 within each pack. The format will be: 1041-0000001-001.

K. Pack - A pack of "MAGNIFICENT MILLIONS" Instant Game tickets contains 25 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 025 while the other fold will show the back of ticket 001 and front of 025.

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 "MAGNIFICENT MILLIONS" Instant Game No. 1041 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 "MAGNIFICENT MILLIONS" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to any of the WINNING NUMBERS play symbols, the player wins PRIZE shown for that number. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

2.2 Programmed Game Parameters.

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

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

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

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

E. No four or more matching non-winning prize symbols on a ticket.

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

G. Non-winning prize symbols will not match winning prize symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "MAGNIFICENT MILLIONS" Instant Game prize of $20.00, $30.00, $40.00, $50.00, $100, $200 or $400, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $30.00, $40.00, $50.00, $100, $200 or $400 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 "MAGNIFICENT MILLIONS" Instant Game prize of $1,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. To claim a "MAGNIFICENT MILLIONS" top level prize of $1,000,000 the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. As an alternative method of claiming a "MAGNIFICENT MILLIONS" 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.

E. 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.

F. 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 "MAGNIFICENT MILLIONS" 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 "MAGNIFICENT MILLIONS" 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 4,080,000 tickets in the Instant Game No. 1041. The approximate number and value of prizes in the game are as follows:

FIGURE 2: GAME NO. 1041 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1041 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. 1041, 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-200802170

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 25, 2008

Instant Game Number 1049 "Aztec Gold"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1049 is "AZTEC GOLD". The play style is "coordinate with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1049 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1049.

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: 01, 02, 03, 04, 05, 06, 07, 08, 09, 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, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70, 71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98 and 99.

FIGURE 1: GAME NO. 1049 - 1.2D

F. Low-Tier Prize - A prize of $3.00, $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $30.00, $40.00, 50.00, $60.00, $75.00, $100, $150, $300 or $500.

H. High-Tier Prize - A prize of $3,000 or $30,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1049), 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: 1049-0000001-001.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "AZTEC GOLD" Instant Game No. 1049 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 "AZTEC GOLD" Instant Game is determined once the latex on the ticket is scratched off to expose 96 (ninety-six) Play Symbols. A player must scratch the YOUR NUMBERS play symbols to reveal 30 (thirty) numbers. Then the player must scratch ONLY the numbers in each GAME that exactly match YOUR NUMBERS play symbols. If the player matches all the numbers on the same horizontal line within a GAME, the player wins the prize amount shown for that line No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 96 (ninety-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 96 (ninety-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;

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

16. Each of the 96 (ninety-six) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 96 (ninety-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.

2.2 Programmed Game Parameters.

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

B. There will be many near wins in both games. A near win is all grid symbols marked within a game's row less one.

C. All thirty YOUR NUMBERS play symbols will appear in either GAME 1 or GAME 2.

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

E. No duplicate GAME 1 and GAME 2 play symbols on a ticket.

F. The ninety-nine play symbols will be randomly distributed in the YOUR NUMBERS play area.

G. The ninety-nine play symbols will be randomly distributed in both games.

H. There will be a random distribution of all symbols on the ticket unless affected by other constraints, play action or prize structure.

2.3 Procedure for Claiming Prizes.

A. To claim a "AZTEC GOLD" Instant Game prize of $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150, $300 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 $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150, $300 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 "AZTEC GOLD" Instant Game prize of $3,000 or $30,000, 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 "AZTEC GOLD" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:

1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;

2. delinquent in making child support payments administered or collected by the Attorney General;

4. in default on a loan made under Chapter 52, Education Code; or

5. in default on a loan guaranteed under Chapter 57, Education Code.

E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.

2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:

A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;

B. if there is any question regarding the identity of the claimant;

C. if there is any question regarding the validity of the ticket presented for payment; or

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "AZTEC GOLD" 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 "AZTEC GOLD" 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.

3.0 Instant Ticket Ownership.

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

4.0 Number and Value of Instant Prizes. There will be approximately 4,080,000 tickets in the Instant Game No. 1049. The approximate number and value of prizes in the game are as follows:

FIGURE 2: GAME NO. 1049 - 4.0

A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1049 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. 1049, 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-200802171

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: April 25, 2008

Instant Game Number 1075 "Instant Cash Five"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1075 is "INSTANT CASH FIVE". The play style is "key number match with multiplier".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1075 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1075.

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

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

FIGURE 1: GAME NO. 1075 - 1.2D

F. Low-Tier Prize - A prize of $1.00, CASH FIVE $1 TKT, $2.00, $4.00, $5.00 or $10.00.

G. Mid-Tier Prize - A prize of $25.00, $50.00 or $100.

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

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1075), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1075-0000001-001.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "INSTANT CASH FIVE" Instant Game No. 1075 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 "INSTANT CASH FIVE" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If a player matches any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol, the player wins the PRIZE shown for that number. If a player reveals a "5X" 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 11 (eleven) 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 11 (eleven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning YOUR NUMBERS play symbols.

C. No duplicate non-winning prize symbols.

D. The "5X" multiplier symbol will only appear once on intended winning tickets as dictated by the prize structure.

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

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

2.3 Procedure for Claiming Prizes.

A. To claim a "INSTANT CASH FIVE" Instant Game prize of $1.00, CASH FIVE $1 TKT, $2.00, $4.00, $5.00, $10.00, $25.00, $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 $25.00, $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 "INSTANT CASH FIVE" Instant Game prize of $1,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "INSTANT CASH FIVE" 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.