Ark-Tex Council of Governments

Request for Proposals for Environmental Assessment and Planning Services

Overview: The U.S. Environmental Protection Agency (USEPA) has awarded the Ark-Tex Council of Governments (ATCOG) a $400,000 Brownfields Hazardous Substances and Petroleum Assessment Grant. Grant funds will be used to conduct community involvement activities, perform Phase I and II Environmental Site Assessments, formulate cleanup plans, and develop a Remedial Reuse Strategy for sites in the ATCOG's region.

The ATCOG is currently seeking proposals from highly-qualified and experienced environmental consultants to perform environmental assessment and remedial planning activities, to facilitate community outreach events, and to assist with project management and grant administration of the USEPA grant. The proposals to be submitted must satisfy all of the required work elements in this request for proposals (RFP) for the ATCOG Brownfields Redevelopment Project.

The ATCOG's Brownfields Program involves the coordination of environmental and economic development initiatives, as well as extensive partnering with community groups, the financial and business communities, real estate professionals, developers, lenders, and state and local economic and environmental agencies.

The ATCOG is looking to contract with a minimum of two contractors on an as needed, if needed basis for assistance in administering the ATCOG's Brownfields Program.

INTRODUCTION

The ATCOG is seeking the services of a qualified consultant(s) for the purpose of conducting Environmental Assessments of parcels within their Region. The purposes of conducting the studies are to:

Determine if any environmental contamination is present in the study area.

Determine what, if any, cleanup planning is required to prepare the property for the reuse.

The general scope of work for the consultant(s) to perform is included below.

SUMMARY OF PROJECT DESCRIPTION AND DELIVERABLES

The scope of services to be provided by the environmental consultant(s) are assumed to include:

General Assessment - A general background study will be performed to provide information necessary for the Phase I assessments, allow the ATCOG to rank or score sites as to the need for additional work under this grant, and identify environmental concerns in the area that may be a hindrance to future development. The background study will cover all properties identified in the target area.

In order to provide useful information for the Phase I assessments, the general assessment will complete the Records Review portion of the Phase I assessments in accordance with current "American Society for Testing and Materials" (ASTM) procedures for the identified properties and for the surrounding area. It is important that the work be completed in accordance with the current EPA-approved ASTM procedures so that it can be directly used in Phase I assessments.

Community Outreach - Community notification and outreach have been and will continue to be critical to the success of the project for the immediate neighborhoods and broader communities in the ATCOG's Region. A series of public meetings will be conducted to keep the public informed of the various components of Plan Implementation, including the administration and use of the Brownfields Grant. The consultant should anticipate a minimum of two public outreach events, which will include presentations (in layman's terms) on assessments sampling plans, methods and results, cleanup options and recommendations. Consultant support for public outreach events will require preparation of display boards, fact sheets and other necessary informational handouts.

Property Identification/Ranking - List of properties selected and prioritized for Phase I Environmental Assessment.

Property Assessments - Based on the types of potential contaminants identified from readily available historical information regarding the study area, the ATCOG anticipates Phase I assessments will be necessary on many of the properties, some may warrant Phase II assessments, and potentially subsequent Phase III cleanup plans. Phase I Assessments will be conducted in accordance with the current EPA and ASTM Standards as well as applicable requirements of the State. Phase II Assessments will be tailored to each identified site. They will also be conducted in compliance with ASTM Standards, as well as applicable requirements of the USEPA and State. Cleanup plans, when applicable, should include options and preliminary cost estimates.

Quality Assurance Project Plans - The EPA requires that all federally-funded environmental monitoring, sampling and measurement efforts participate in a centrally managed quality assurance program. Anyone generating data under this quality assurance program has the responsibility to implement procedures to ensure that the precision, accuracy and completeness of its data are known and documented. To meet this responsibility, EPA requires that for each Brownfields site, a written Quality Assurance Project Plan (QAPP) be prepared and submitted to and approved by EPA prior to the commencement of sampling.

A QAPP and/or Field Sampling Plans from the selected contractor must be performed and approved by the ATCOG and the EPA prior to any Phase II onsite field work.

The ATCOG will review all environmental assessment proposals, QAPPs and subsequent work plans to determine if activities will meet the objectives of the Brownfields project before the start of assessment activities.

The QAPP should describe the measure that will be used to ensure that defensible and quality data are collected and reported for this project. QAPPs must describe and provide a rationale for selecting locations, types, quantities and analyses for proposed samples. QAPPs should also include general equipment and methods for proposed sampling and analyses with references to specific Federal, State and professional practice guidelines. Proposed analysis and measurement methods must be capable of reliably detecting concentrations equal to or below applicable cleanup standards for future land use.

Cleanup Planning - Analysis of cleanup options will be based on cleanup goals, methods and costs considered acceptable by the ATCOG, the community and/or State/Federal regulators. Specific evaluation criteria that the consultant will initially consider include the following: risk to public health, safety and environment (during and after redevelopment); implementability; effectiveness; applicability with Federal, State and local laws/regulations; degree of permanency; time; and cost.

MBE/WBE Utilization Requirements - In accordance with USEPA's program for utilization of Small (SBE), Minority (MBE) and Women's Business Enterprises (WBE), the contractor must ensure that opportunities are extended to qualified MBE/WBE firms (see 40 CFR §35.6580(a)).

The overall goal of the ATCOG's Brownfields Redevelopment Project is:

To create developable land within the ATCOG's Region for business expansion and public uses.

To eliminate blight.

To revitalize the Region by transitioning the area from post-industrial, agricultural, and/or vacant land to a vibrant mixed-use district.

To improve the health and safety of the adjacent residential neighborhoods.

MINIMUM QUALIFICATIONS FOR CONSULTING FIRMS

The consulting firms submitting proposals to the ATCOG shall address the following minimum qualifications in its proposals:

Experience in brownfields assessment and planning.

Extensive experience in environmental assessment. Experienced consultants will have previously worked on a USEPA Brownfields assessment project, developed a USEPA Quality Assurance Project Plan (QAPP), and have experience working in Arkansas and Texas.

Experience in facilitating community outreach and public relations to inform citizens about brownfields remediation issues.

Successful history of being a "team player" on multi-faceted development projects including working with other consultants, non-profit organizations, private developers, public officials, and the general public.

PROPOSAL SPECIFICS

In addition to the minimum qualifications information, all proposals submitted shall include the following information:

Company profile and experience.

Fee Schedule

Resume(s) of Qualified Personnel

Project Examples

ADDITIONAL REQUIREMENTS FOR APPLICATIONS PER USEPA

Per the directives of the USEPA, all applicants shall provide evidence of their fulfillment of or commitment to the following:

Use of recycled paper for all reports and documents to be submitted to USEPA.

Ensure that best efforts are made to achieve "Fair Share" goals for WBE/MBE in selection of any subcontractors.

Firms shall submit two (2) bound copies of their proposals to:

Mr. Paul Prange

Environmental Resources Planner

Ark-Tex Council of Governments

4808 Elizabeth Street

Texarkana, Texas 75503

pprange@atcog.org

Submittal deadline is September 7, 2009 by 10:00 a.m.

Proposals must be submitted in a sealed envelope. The Request for Proposal number and the consultant's name and address should be clearly indicated on the outside of the envelope. All proposals must be completed in ink or typewritten. Questions must be addressed to the Officer listed above.

Respondents shall be evaluated on the completeness of their applications, as well as their experience, content and cost considerations. The ATCOG reserves the right to reject any and all bids based upon their evaluation of all of these considerations.

Notwithstanding any other provision of the Request for Proposal, the ATCOG reserves the right to:

Waive any immaterial defect or informality; or reject any or all proposals, or portions thereof; or reissue the Request for Proposal.

LATE PROPOSALS: Late proposals shall not be considered.

TRD-200903630

Sharon Pipes

Environmental Resource Assistant

Ark-Tex Council of Governments

Filed: August 18, 2009

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 August 7, 2009, through August 13, 2009. 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 August 19, 2009. The public comment period for this project will close at 5:00 p.m. on September 18, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: 6.305 Reserve A, LLC; Location: The project is located in an existing artificial canal draining into Carancahua Bay near Texas Spur 159, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Olivia, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 752595; Northing: 3172856. Project Description: The applicant proposes to construct a 265-foot-long by 140-foot-wide by 5-foot-deep harbor and 35 private boat slips by excavating 10,000 cubic yards of dredge material within an existing artificial canal. Each boat slip will be 40-foot-long by 11-foot-wide with a 2-foot walkway. The project will also fill approximately 0.30 acres of wetlands and excavate 0.45 acres of wetlands adjacent to this artificial canal. The dredge material will be placed in these wetlands and onsite uplands to raise the elevation for ancillary development. The applicant proposes to install 673.3 linear feet of bulkhead. No maintenance dredging is proposed at this time. CCC Project No.: 09-0213-F1. Type of Application: U.S.A.C.E. permit application #SWG-2006-01007 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).

Applicant: Ballard Exploration Company, Inc.; Location: The project is located within the J. D. Murphree Wildlife Management Area (WMA) in Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map titled: Big Hill Bayou (29094-G1), Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 399,456.371; Northing: 3,300,318.599. Approximate Latitude and Longitude Coordinates in NAD 83: Latitude: 29.831078 degrees N, Longitude: 94.040832 degrees W. Project Description: The applicant proposes to construct, install, operate and maintain structures and equipment necessary for oil and gas drilling, production, and transportation activities. Such activities include the construction of a board road, ring levee and installation of structures to drill and produce the proposed McFaddin Well No. 001. CCC Project No.: 09-0215-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-01295 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Village of Tiki Island; Location: The project is located to the immediate north of Galveston Island, Texas, west of Interstate 45 and between Jones Bay to the north and West Bay to the south. The project can be located on the U.S.G.S. quadrangle map entitled: Village of Tiki Island. Approximate coordinates: 29.293051 degrees N, -94.917606 degrees W (NAD 83). Project Description: The applicant proposes to perform activities that include: the hydraulic dredging (maintenance dredging) of approximately 70,484 cubic yards of previously dredged, sandy canal bottom material, to install approximately 506 linear feet of breakwater, and to fill approximately 10.06 acres of non-vegetated shallow open water habitat in the development of a Beneficial Use Dredged Material Placement Area (DMPA) shoreline preservation and creation area, all to improve and restore navigability of the existing canal system in the Village of Tiki Island for village residents. CCC Project No.: 09-0221-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00309 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Calhoun Port Authority; Location: The project is located in the MSC, in Calhoun County and Matagorda County, Texas. Specifically, the project site extends from the Calhoun Port Authority (CPA) berthing facilities at the Port of Port Lavaca-Point Comfort (Port), through Lavaca Bay and Matagorda Bay, and ending offshore in the Gulf of Mexico. The project can be located on the U.S. Geological Survey quadrangle maps entitled Decros Point, Port O'Connor, Seadrift NE, Carancahua Pass, Keller Bay, Port Lavaca East, Turtle Bay, Olivia, and Point Comfort, Texas. Approximate UTM Coordinates in NAD 83 (meters) at the Port: Zone 14, Easting 738000, Northing 3170000; at Matagorda Peninsula: Decros Point, Zone 14, Easting 761500, Northing 3146000. Project Description: The CPA proposes to deepen their berthing facilities at the Port, enlarge the approximately 26.6-mile-long Matagorda Ship Channel (MSC) from the existing turning basin at the Port (Channel Station 117+223), through Lavaca Bay and Matagorda Bay, and ending offshore in the Gulf of Mexico (Channel Station -23+000). A proposed new turning basin at the intersection of the MSC and the Alcoa Channel would have a 1,650-foot turning circle, and both the existing CPA berthing facilities, the existing and proposed turning basins, and a proposed new CPA berthing area adjacent to the proposed new turning basin would be dredged to a depth of -44 feet Mean Low Tide (MLT). CCC Project No.: 09-0226-F1. Type of Application: U.S.A.C.E. permit application #SWG-2006-00092 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403), §404 of the Clean Water Act (33 U.S.C.A. §1344), and §103 of the Marine Protection, Research, and Sanctuaries Act. Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Shoreline Southeast, LLC; Location: The project is located in Sabine Lake, in State Tract 2. The project can be located on the U.S.G.S. quadrangle map entitled: West of Greens Bayou, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 420399; Northing: 3306354. Project Description: The applicant proposes to install, operate and maintain structures and equipment necessary for oil and gas drilling, production and transportation activities. Such activities include installation of typical marine barges and keyways, and production structures with attendant facilities. In addition, the applicant proposes to excavate a 2,790-foot-long access channel by prop washing 1,224 feet of the route, and mechanically dredging 1,566 linear feet of the route. Dredged material is proposed to be spread 0.5 feet by 160 feet on either side of the access route. Approximately 14.1 acres of open water would be impacted by the proposed project. CCC Project No.: 09-0227-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-012718 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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

Further information on the applications listed above, including a copy the consistency certifications for inspection, 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-200903639

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: August 19, 2009

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.009, and 304.003, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/24/09 - 08/30/09 is 18% for Consumer ¹/Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/24/09 - 08/30/09 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/09 - 09/30/09 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 09/01/09 - 09/30/09 is 5.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200903622

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 18, 2009

Application for a Merger or Consolidation

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

An application was received from Texas Telcom Credit Union (Dallas) seeking approval to merge with Dallas City Packing Federal Credit Union (Dallas), with Texas Telcom Credit Union being the surviving credit union.

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

TRD-200903641

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2009

Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:

An application was filed by Associated Credit Union of Texas, Texas City, Texas to amend its Articles of Incorporation relating to primary place of business.

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

TRD-200903642

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2009

Notice is given that the following applications have been filed with the Credit Union Department (Department) and are under consideration:

An application was received from LibertyOne Credit Union, Dallas, Texas to expand its field of membership. The proposal would permit persons who work at 2221 E. Lamar Blvd. and 2301 E. Lamar Blvd. in Arlington, Texas 76006, to be eligible for membership in the credit union.

An application was received from Memorial Hermann Credit Union, Houston, Texas to expand its field of membership. The proposal would permit persons who live, work, attend school, or worship, and businesses within 10 miles of the branch office located at 6400 Fannin, Houston, TX 77030, to be eligible for membership in the credit union.

Comments or a request for a meeting by any interested party relating to an application must be submitted in writing within 30 days from the date of this publication. Credit unions that wish to comment on any application must also complete a Notice of Protest form. The form may be obtained by contacting the Department at (512) 837-9236 or downloading the form at http://www.tcud.state.tx.us/applications.html. Any written comments must provide all information that the interested party wishes the Department to consider in evaluating the application. All information received will be weighed during consideration of the merits of an application. Comments or a request for a meeting should be addressed to the Texas Credit Union Department, 914 East Anderson Lane, Austin, Texas 78752-1699.

TRD-200903640

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2009

In accordance with the provisions of 7 TAC §91.103, the Credit Union Department (Department) provides notice of the final action taken on the following application:

Application to Expand Field of Membership - Approved

Space City Credit Union, Houston, Texas - See Texas Register issue, dated May 29, 2009.

TRD-200903643

Harold E. Feeney

Commissioner

Credit Union Department

Filed: August 19, 2009

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 September 28, 2009 . 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) 239-2545 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 September 28, 2009. 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: Ash Grove Texas, L.P.; DOCKET NUMBER: 2009-0501-AIR-E; IDENTIFIER: RN100225978; LOCATION: Midlothian, Ellis County; TYPE OF FACILITY: cement manufacturing plant; RULE VIOLATED: 30 Texas Administrative Code (TAC) §122.145(2)(B) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit a semi-annual deviation report; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Juliet Morgan, (512) 239-0735; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Daniel Blue; DOCKET NUMBER: 2009-0895-EAQ-E; IDENTIFIER: RN105717276; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: storage and rental site; RULE VIOLATED: 30 TAC §213.4(a)(1), by failing to obtain approval of an aboveground storage tank facility plan prior to beginning a regulated activity over the Edwards Aquifer Recharge Zone; PENALTY: $1,400; ENFORCEMENT COORDINATOR: Jennifer Graves, (956) 425-6010; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Casita Enterprises, Inc.; DOCKET NUMBER: 2009-0657-AIR-E; IDENTIFIER: RN100215664; LOCATION: Rice, Navarro County; TYPE OF FACILITY: travel trailer and camper manufacturing plant; RULE VIOLATED: 30 TAC §122.146(2), Federal Operating Permit (FOP) Number O-01802, General Terms and Conditions, and THSC, §382.085(b), by failing to submit a permit compliance certification; PENALTY: $2,375; ENFORCEMENT COORDINATOR: Raymond Marlow, (409) 898-3838; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Deanville Water Supply Corporation; DOCKET NUMBER: 2009-0631-PWS-E; IDENTIFIER: RN101442085; LOCATION: Deanville, Burleson County; TYPE OF FACILITY: public water supply (PWS); RULE VIOLATED: 30 TAC §290.42(e)(4)(B), by failing to house the chlorine gas cylinders in a manner to protect them from adverse weather conditions and vandalism; 30 TAC §290.42(e)(4)(A), by failing to provide a small bottle of fresh ammonia solution for testing for chlorine leakage that is readily accessible outside the chlorinator room and immediately available to the operator in the event of an emergency; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide all potable water works storage tanks, pressure maintenance facilities, and wells with an intruder-resistant fence with lockable gates; 30 TAC §290.46(s)(1), by failing to calibrate the facility's well meters; 30 TAC §290.46(m)(1)(B), by failing to conduct an inspection of the interior of the facility's pressure tanks; 30 TAC §290.46(f)(2) and (3)(B)(iii), by failing to compile, maintain, and make available to the commission upon request an accurate and up-to-date record of water works operation and maintenance activities; and 30 TAC §290.42(l), by failing to compile and maintain a thorough plant operations manual for operator review and reference; PENALTY: $3,145; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(5) COMPANY: Etoile Water Supply Corporation; DOCKET NUMBER: 2009-0954-PWS-E; IDENTIFIER: RN101192987; LOCATION: Etoile, Nacogdoches County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $850; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(6) COMPANY: City of Farwell; DOCKET NUMBER: 2009-0948-MWD-E; IDENTIFIER: RN102075207; LOCATION: Parmer County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65(a) and §305.125(2) and the Code, §26.121(a), by failing to maintain a permit for the operation of the facility; and 30 TAC §305.125(1) and (9) and TCEQ Permit Number 10661001, Standard Provisions Number 2.c., by failing to provide noncompliance notification reports for effluent limit violations; PENALTY: $4,500; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(7) COMPANY: City of Fort Worth; DOCKET NUMBER: 2009-0900-WQ-E; IDENTIFIER: RN101424687; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: PWS; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of a pollutant into or adjacent to water in the state; PENALTY: $6,250; Supplemental Environmental Project (SEP) offset amount of $6,250 applied to Keep Texas Beautiful - Texas Waterways Cleanup Program; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Clinton D. McCue dba GM Landscape & Irrigation; DOCKET NUMBER: 2009-0358-LII-E; IDENTIFIER: RN103491304; LOCATION: Humble, Montgomery County; TYPE OF FACILITY: landscape business; RULE VIOLATED: 30 TAC §30.5(b) and §344.30, the Code, §37.003, and Texas Occupations Code, §1903.251, by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required when not possessing a current license or registration; PENALTY: $787; ENFORCEMENT COORDINATOR: Mike Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(9) COMPANY: Hampton-Kelley Investments, LLC; DOCKET NUMBER: 2009-0541-WQ-E; IDENTIFIER: RN105636195; LOCATION: Parker County; TYPE OF FACILITY: single family home 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: $1,050; ENFORCEMENT COORDINATOR: Lanae Foard, (512) 239-2554; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: INEOS Americas LLC; DOCKET NUMBER: 2009-0490-AIR-E; IDENTIFIER: RN104620083; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §116.715(a), Air Permit Number 82132, Special Condition (SC) Number 1, Air Permit Number 5215A, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.211(b) and THSC, §382.085(b), by failing to properly report Incident Number 105194; PENALTY: $12,120; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(11) COMPANY: INEOS USA LLC; DOCKET NUMBER: 2009-0715-AIR-E; IDENTIFIER: RN100229905; LOCATION: La Porte, Harris County; TYPE OF FACILITY: polyethylene plant; RULE VIOLATED: 30 TAC §101.20(1) and §116.715(a), 40 CFR §60.18(c)(2), Flexible Permit Number 48923, SC Numbers 2 and 3, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,900; ENFORCEMENT COORDINATOR: Juliet Morgan, (512) 239-0735; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: LCG Enterprise, Inc. dba 3-Amigos Food Mart; DOCKET NUMBER: 2009-0798-PST-E; IDENTIFIER: RN102477445; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that each current employee receives in-house Stage II vapor recovery system training regarding the purpose and correct operation of the Stage II equipment; PENALTY: $4,319; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Rolando Lopez; DOCKET NUMBER: 2008-1562-WOC-E; IDENTIFIER: RN105578447; LOCATION: La Grulla, Hidalgo County; TYPE OF FACILITY: unlicensed operator; RULE VIOLATED: 30 TAC §30.5(a) and the Code, §37.003, by failing to obtain a license issued by the commission before engaging in activity, occupation, or profession for which a license is required; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 1804 West Jefferson Avenue, Hidalgo, Texas 78550-5427, (956) 425-6010.

(14) COMPANY: Miller Grove Water Supply Corporation; DOCKET NUMBER: 2009-0808-PWS-E; IDENTIFIER: RN101456978; LOCATION: Hopkins County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $367; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(15) COMPANY: NuStar Logistics, L.P.; DOCKET NUMBER: 2009-0791-AIR-E; IDENTIFIER: RN104248141; LOCATION: Texas City, Galveston County; TYPE OF FACILITY: petroleum storage plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), TCEQ Air Permit Number 54985, SC Number 3, 40 CFR §63.120(b)(8) and §63.646(a), FOP Number O-02599, Special Terms and Conditions Number 5, and THSC, §382.085(b), by failing to repair seal gaps on external floating roof Tank Number 084 within 45 days of the date the seal gaps were discovered; PENALTY: $12,500; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Pasadena Refining System, Inc.; DOCKET NUMBER: 2008-0050-AIR-E; IDENTIFIER: RN100716661; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.115(c), TCEQ Permit Number 76192, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: Hector Rangel, Jr. and Luz Maria Rangel; DOCKET NUMBER: 2009-0087-MSW-E; IDENTIFIER: RN105338800; LOCATION: Edinburg, Hidalgo County; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §330.7(a), by failing to obtain a permit or other authorization from the TCEQ prior to storing or disposing of municipal solid waste (MSW) at the site; PENALTY: $3,300; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(18) COMPANY: City of Reno; DOCKET NUMBER: 2009-0669-MWD-E; IDENTIFIER: RN102186772; LOCATION: Lamar County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012162001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with permitted effluent limits for total suspended solids (TSS), ammonia nitrogen (NH₃N), and five-day carbonaceous biochemical oxygen demand; PENALTY: $12,015; SEP offset amount of $9,612 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: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(19) COMPANY: City of Sabinal; DOCKET NUMBER: 2009-0577-MWD-E; IDENTIFIER: RN103014908; LOCATION: Uvalde County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014342001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for TSS; PENALTY: $5,540; SEP offset amount of $5,540 applied to RC&D - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(20) COMPANY: Guillermo Saenz; DOCKET NUMBER: 2009-0795-WOC-E; IDENTIFIER: RN105710776; LOCATION: San Ygnacio, Zapata County; TYPE OF FACILITY: MSW landfill; RULE VIOLATED: 30 TAC §30.5(a) and the Code, §37.003, by failing to obtain a license issued by the commission before engaging in any activity, occupation, or profession for which a license is required; PENALTY: $1,980; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(21) COMPANY: Shelbyville Independent School District; DOCKET NUMBER: 2009-0563-MWD-E; IDENTIFIER: RN101527224; LOCATION: Shelby County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013370001, Effluent Limitations and Monitoring Requirements Numbers 1, 2, and 6, and the Code, §26.121(a), by failing to comply with permit effluent limits; PENALTY: $15,000; ENFORCEMENT COORDINATOR: Steve Villatoro, (512) 239-4930; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(22) COMPANY: Shell Chemical LP; DOCKET NUMBER: 2009-0465-AIR-E; IDENTIFIER: RN100211879; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c), New Source Review Permit Number 3216, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; SEP offset amount of $8,000 applied to Houston Regional Monitoring Corporation - Houston Area Monitoring; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: City of Waller; DOCKET NUMBER: 2009-0704-MWD-E; IDENTIFIER: RN102844834; LOCATION: Waller County; TYPE OF FACILITY: domestic wastewater system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010310001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permit effluent limits for NH₃N; PENALTY: $1,690; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(24) COMPANY: City of Webster; DOCKET NUMBER: 2009-0536-MWD-E; IDENTIFIER: RN101610293; LOCATION: Webster, Harris County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010520001, Effluent Limits and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for NH₃N; PENALTY: $8,250; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(25) COMPANY: City of Willow Park; DOCKET NUMBER: 2009-0864-MWD-E; IDENTIFIER: RN101920585; LOCATION: Willow Park, Parker County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013834001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limits for TSS and NH₃ N; PENALTY: $8,610; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Woodlawn Water Supply Corporation; DOCKET NUMBER: 2009-0966-PWS-E; IDENTIFIER: RN101185148; LOCATION: Angelina County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $354; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

TRD-200903625

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 18, 2009

In the May 22, 2009, issue of the Texas Register (34 TexReg 3315), the Texas Commission on Environmental Quality (commission) published a notice of Default Order Number, specifically Item Number 1. The reference to Allen Watts was submitted in error by the commission as Docket Number 2007-1509-WOC-E and instead should have been submitted as Docket Number 2007-1590-PST-E.

For questions concerning this error, please contact Rudy Calderon at (512) 239-0205.

TRD-200903627

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 18, 2009

Notice issued August 13, 2009.

TCEQ Internal Control No. 06242009-D01; A petition from Cactus Canyon Quarries, Inc., Sandra L. Carl, Richard Hoepfner, and Kathy McDonald (Petitioners) for creation of Backbone Creek Municipal Utility District No. 1 (District) was filed with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the holder of title to all of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will consist of four tracts and will contain approximately 103.017 acres located within Burnet County, Texas; and (4) no portion of land within the proposed District is within the corporate boundaries or extraterritorial jurisdiction of any city, town or village in Texas. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $513,000.

INFORMATION SECTION

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

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200903648

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 19, 2009

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 117, Control of Air Pollution from Nitrogen Compounds; Subchapter B, Combustion Control at Major Industrial, Commercial, and Institutional Sources in Ozone Nonattainment Areas; Division 4, Dallas-Fort Worth (DFW) Ozone Nonattainment Area Major Sources; §117.403(a)(12) and to the state implementation plan under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102, of the United States Environmental Protection Agency concerning state implementation plans.

The proposed rulemaking would amend 30 TAC Subchapter B, Division 4, §117.403(a)(12) to expand the exemption from the current rule to include low-temperature drying ovens and curing ovens used in wet-laid, non-woven fiber mat manufacturing as well as low temperature drying ovens used in mineral wool-type fiberglass manufacturing at major sources of nitrogen oxides (NO_X) in the DFW eight-hour ozone nonattainment area. Current §117.403(a)(12) exempts from Chapter 117, curing ovens used in mineral wool-type fiberglass manufacturing in which nitrogen-bound chemical additives are used. During the recent DFW eight-hour ozone nonattainment area rulemaking under Chapter 117, a provision was added under §117.403(a)(12), in response to comment to exempt curing ovens used in mineral wool-type fiberglass manufacturing in which nitrogen-bound chemical additives are used because of technical feasibility issues with controlling NO_X emissions from curing ovens of this specific operation. While the type of manufacturing is different from that specified in the current rule exemption, the technical feasibility issue described is similar to the issue that is the basis of the current exemption in §117.403(a)(12).

A public hearing for the proposed rulemaking and SIP revisions has been scheduled at the Ennis Public Library, 501 W. Ennis Avenue on September 17, 2009, at 2:00 p.m. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A time limit may be established at the hearing to assure that enough time is allowed for every interested person to speak. There will be no discussion during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Charlotte Horn, Texas Register Team, Office of Legal Services, at (512) 239-0779. Requests should be made as far in advance as possible.

Comments may be submitted to Michael Parrish, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference Rule Project Number 2009-023-117-EN. Comments must be received by September 28, 2009. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Bogdan Slomka, Air Quality Planning Section, at (512) 239-1709.

TRD-200903595

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 14, 2009

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 297, Water Rights, Substantive.

The proposed rulemaking would implement Senate Bill 1711 from the 81st Legislature, 2009, Regular Session, relating to sediment control ponds. This proposed rulemaking would provide an exemption from the water rights permitting process for the use of state water from sediment control ponds to satisfy environmental and safety regulations for fire or dust suppression as applicable to a surface coal mining operations.

The commission will hold a public hearing on this proposal in Austin September 22, 2009 at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Charlotte Horn, Office of Legal Services, at (512) 239-0779.

Comments may be submitted to Devon Ryan, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2009-031-297-PR. The comment period closes September 28, 2009. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Ronald Ellis, Water Right Permitting/Availability Unit, (512) 239-1282.

TRD-200903583

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 14, 2009

The Texas Commission on Environmental Quality (commission) will conduct two public hearings to receive testimony regarding proposed amendments and new sections to 30 Texas Administrative Code (TAC) Chapter 290, Public Drinking Water, and Chapter 291, Utility Regulations, under the requirements of Texas Health and Safety Code, §382.017 and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement Senate Bill (SB) 361 from the 81st Legislature, 2009, Regular Session, relating to the requirement that certain water service providers ensure emergency operations during an extended power outage lasting more than 24 hours. This proposed rulemaking would require water service providers located in counties of 3.3 million or greater and adjacent counties of 400,000 or greater to submit to the Executive Director, adopt, and implement an Emergency Preparedness Plan. SB 361 gives the commission the authority to regulate water service providers that have not previously been regulated by the Texas Commission on Environmental Quality.

The commission will hold two public hearings on this proposal in Harris County. The first hearing will be on September 21, 2009 at 2:00 p.m. at the Houston-Galveston Area Council, located at 3555 Timmons Lane, Houston, Texas 77027. The second hearing will be held on September 22, 2009 at 2:00 p.m. at the Katy Branch Library, located at 5414 Franz Road, Katy, Texas 77493. The hearings are structured for the receipt of oral or written comments by interested persons. Individuals may present oral statements when called upon in order of registration. Open discussion will not be permitted during the hearing; however, commission staff members will be available to discuss the proposal 30 minutes prior to the hearing.

Persons planning to attend a hearing, who have special communication or other accommodation needs, should contact Jessica Rawlings, Office of Legal Services at (512) 239-0177. Requests should be made as far in advance as possible.

Comments may be submitted to Jessica Rawlings, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2009-032-290-PR. The comment period closes September 28, 2009. To view rules, please visit http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information or questions concerning this proposal, please contact Reyna Holmes, P.E., Water Supply Division at (512) 239-6183.

TRD-200903593

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 14, 2009

The following notices were issued on August 3, 2009 through August 13, 2009.

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

BAE SYSTEMS TACTICAL VEHICLE SYSTEMS LP which operates BAE Systems Tactical Vehicle Systems LP WWTP, which assembles military trucks, has applied for a renewal of TPDES Permit No. WQ0002462000, which authorizes the discharge of previously monitored effluents (treated process wastewater, treated domestic sewage and truck wash water) and storm water at a daily average flow not to exceed 395,000 gallons per day via Outfall 001. The facility is located northeast corner of the intersection of Interstate Highway 10 and Pyka Road, approximately three miles west of the City of Sealy in Austin County, Texas.

INTEPLAST GROUP LTD which operates a plastic extrusion facility, has applied for a renewal TPDES Permit No. WQ0003477000, which authorizes the discharge of contact cooling water, noncontact cooling water, cooling tower blowdown, reverse osmosis reject and regenerate water, and previously monitored effluent (treated domestic wastewater) at a daily average flow not to exceed 533,000 gallons per day via Outfall 001, and storm water runoff, raw water from the fire water system, air conditioning condensate, potable water, landscape drainage, and facility (building and pavement) washdown on an intermittent and flow variable basis via Outfall 002 and Outfall 003. The facility is located at 101 Inteplast Boulevard, adjacent to Farm-to-Market Road 1593, approximately 3.5 miles south of the City of Lolita, Jackson County, Texas 77971.

CITY OF HALE CENTER has applied for a major amendment to TCEQ Permit No. WQ0010030001, to authorize renovation of the treatment system from the current Imhoff tank to a facultative lagoon and reduce the area of land application from the current 152 acres to 80 acres. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 245,000 gallons per day via surface irrigation of 152 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 2,640 feet south of the City of Hale Center and 3,600 feet east of Interstate Highway 27 in Hale County, Texas 79041.

MONARCH UTILITIES I LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0012478001 to authorize an interim phase discharge of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day and change the method of disinfection from ultraviolet light (uv) to chlorination. The current permit authorizes a daily average flow not to exceed 250,000 gallons per day. The facility is located 300 feet south of Farm-to-Market Road 565 and two miles east of the intersection of Farm-to-Market Road 565 and Farm-to-Market Road 1405 in Chambers County, Texas.

WEST TEXAS BOYS RANCH has applied for a renewal of TCEQ Permit No. WQ0013140001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day via surface irrigation of 4 acres of non-public access pasture land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1.8 miles southeast of the intersection of U.S. Highway 67 and Farm-to-Market Road 2335 in Tom Green County, Texas 76904.

CITY OF WIMBERLY AND GUADALUPE BLANCO RIVER AUTHORITY has applied for a minor amendment for TCEQ Permit No. WQ0013321001 to change the treatment process from an Imhoff tank to an extended aeration package plant. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via surface irrigation of 19 acres of non-public access land seeded with Coastal Bermuda Grass and Rye Grass. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately one mile northeast of the intersection of Ranch-to-Market Road 12 and Ranch-to-Market 2325 in Hays County, Texas 78676.

INTERCONTINENTAL TERMINALS COMPANY LLC which operates Intercontinental Terminals Deer Park Terminal (a centralized waste treatment facility and a petroleum and chemical for-hire bulk terminal facility), has applied for a major amendment to TPDES Permit No. WQ0001984000 to remove Other Requirement Provision No. 19 (facility closure requirements), reduce the monitoring frequency for fluoranthene to once per quarter, and remove the monitoring requirements and effluent limitations for pollutants (at Outfall 002) regulated under 40 CFR Part 414. The current permit authorizes the discharge of hydrostatic test waters from cleaned chemical tank systems and storm water from tank farm areas on an intermittent and flow variable basis via Outfalls 001, 003, 004, 005, 006, 008, and 009; centralized waste treatment wastewater (includes, but is not limited to, on-site process wastewater, domestic wastewater, process area storm water, off-site (third party) wastewater, contaminated ballast water, sludge dewatering wastewater, and cooling tower blowdown) at a daily average flow not to exceed 273,000 gallons per day via Outfall 002; and ballast water at a daily average flow not to exceed 50,000 gallons per day via Outfall 007. The facility is located at 1943 Battleground Road, just north of the intersection of Miller Cutoff Road and State Highway 134, in the City of Deer Park, Harris County, Texas.

FARCO MINING INC which operates a surface coal mine, has applied for a renewal of TPDES Permit No. WQ0002733000, which authorizes the discharge of storm water associated with industrial activity on an intermittent and flow variable basis via Outfall 101. The facility is located west of and adjacent to Farm-to-Market Road 1472 at a point approximately 24.75 miles northwest of the intersection of Farm-to-Market Road 1472 and Farm-to-Market Road 3338, near the City of Laredo, Webb County, Texas 78045.

THE LOWER COLORADO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0010100001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located at 720 Cleveland Street, approximately 0.25 mile south of U.S. Highway 290 in the City of Elgin in Bastrop County, Texas 78621.

CITY OF SEGUIN has for a renewal of TPDES Permit No. WQ0010277002 which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 40,000 gallons per day. The facility is located at 603 River Drive West approximately 150 feet upstream from the State Highway 123 bridge on the Guadalupe River in the City of Seguin in Guadalupe County, Texas 78155.

CITY OF SHINER has applied for a renewal of TPDES Permit No. WQ0010280001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 850,000 gallons per day. The facility is located one mile southeast of the intersection of U.S. Highway 90A and State Highway 95 in the City of Shiner in Lavaca County, Texas 77984.

CITY OF PHARR has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0010596001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 5,000,000 gallons per day to an annual average flow not to exceed 8,000,000 gallons per day. The facility is located adjacent to South "I" Road, approximately 1.9 miles south of the intersection of South "I" Road and U.S. Highway 83 Business in Hidalgo County, Texas.

CITY OF BASTROP has applied for a renewal of TPDES Permit No. WQ0011076001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,400,000 gallons per day. The facility is located at 300 Water Street, approximately 0.2 mile south of State Highway 71 and immediately east of the Colorado River in the City of Bastrop in Bastrop County, Texas 78602.

CITY OF STERLING CITY has applied for a renewal of TCEQ Permit No. WQ0012147001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 116,000 gallons per day via surface irrigation of 35 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 650 feet southwest of the intersection of U.S. Highway 87 and State Highway 158 in Sterling County, Texas 76951.

LAMAR CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0013007001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 17,000 gallons per day. The facility is located at 5111 Farm-to-Market Road 762, approximately 4.5 miles east-southeast of the City of Rosenberg in Fort Bend County, Texas 77469.

TEXAS AMERICAN WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0014324001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located approximately 1,000 feet northwest of the intersection of Brazoria County Road 197 and Brazoria County Road 171 near Liverpool in Brazoria County, Texas 77511.

MUNSON POINT LTD has applied for a renewal of TPDES Permit No. WQ0014487001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately six miles northwest of the intersection of U.S. Highway 75 and Farm-to-Market Road 84 in Grayson 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-200903646

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 19, 2009

Notice issued August 13, 2009.

APPLICATION NO. 21-3073A; 5653.041-Acre Ranch, L.P., P.O. Box 510, Uvalde, Texas 78802-0510, applicant, has applied for an amendment to Certificate of Adjudication No. 21-3073 to add a downstream diversion point on the Nueces River, Nueces River Basin, and an additional place of use in Uvalde and Zavala Counties. More information on the application and how to participate in the permitting process is given below. The application and a portion of the required fees were received on January 9, 2008. Additional information and fees were received on April 1, 2008 and July 16, 2009. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on July 17, 2009. Written public comments and requests for a public meeting should be received in the Office of Chief Clerk, at the address provided in the information section below, by September 3, 2009.

INFORMATION SECTION

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

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

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

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

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

TRD-200903647

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 19, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on September 18, 2009, at 9:30 a.m. to receive public comment on proposed rates for: Personal Care III services in the Community Based Alternatives (CBA) waiver program; the Consolidated Wavier Program (CWP); and the Community Living Assistance and Support Services (CLASS) waiver program. These programs are operated by the Texas Department of Aging and Disability Services (DADS). The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.105(g), which require public notice and hearings on proposed Medicaid reimbursements. The public hearing will be held in the Lone Star Conference Room of the Health and Human Services Commission, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. Persons requiring Americans with Disability Act (ADA) accommodation or auxiliary aids or services should contact Meisha Scott by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. HHSC proposes to increase the rates for CBA Personal Care III, and certain services provided under CWP and CLASS. The proposed rates will be effective September 1, 2009 and were determined in accordance with the rate setting methodologies listed below under "Methodology and Justification." The proposed rate increase for CBA Personal Care III replaces the rate previously adopted effective September 1, 2009.

Methodology and Justification. The proposed rates for CBA PC III were determined in accordance with the rate setting methodologies codified at amended §355.503, Reimbursement Methodology for the Community-Based Alternatives Waiver Program and the Integrated Care Management-Home and Community Support Services and Assisted Living/Residential Care Programs. The rule amendments to §355.503 were published as adopted in the August 21, 2009, issue of the Texas Register.

The proposed rates for CWP were determined in accordance with the rate setting methodologies codified at §355.506, Reimbursement Methodology for Consolidated Waiver Program.

The proposed rates for CLASS were determined in accordance with the rate setting methodologies codified at: §355.114, Consumer Directed Services Payment Option; and amended §355.505, Reimbursement Methodology for the Community Living Assistance and Support Services Waiver Program. The rule amendments to §355.505 were published as adopted in the August 21, 2009, issue of the Texas Register.

These changes are being made in accordance with the 2010-11 General Appropriations Act (Article II, S.B. 1, 81st Legislature, Regular Session, 2009), which appropriated $110,298,243 general revenue funds for the State Fiscal Year 2010-2011 biennium for Medicaid rate increases for DADS' community care programs.

Briefing Package. A briefing package describing the proposed payment rates will be available on September 3, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Meisha Scott by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at meisha.scott@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 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Meisha Scott, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Meisha Scott at (512) 491-1998; or by e-mail to meisha.scott@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Meisha Scott, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200903626

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 18, 2009

The Texas Health and Human Services Commission (HHSC) announce its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective September 1, 2009.

The amendment addresses the eligibility of certain physicians, lists new conditions of participation as well as clarifies the methodology HHSC uses to compute Medicaid supplemental payments for certain physicians. Specifically, language is being added to allow HHSC to make supplemental payments to physicians employed by a governmental hospital; or employed by or under contract with a physician group practice organized by, under the control of, or under contract with a governmental hospital in a county that has a hospital district created under Chapter 281 of the Texas Health and Safety Code.

The proposed amendment is estimated to result in an annual aggregate cost of $156,190 for the remainder of federal fiscal year (FFY) 2009, with approximately $107,397 in federal funds and $48,794 in non-federal funds. For FFY 2010, the estimated additional aggregate cost is $1,874,288, with approximately $1,279,389 in federal funds and $594,899 in non-federal. For FFY 2011, the estimated additional aggregate cost is $1,874,288 with approximately $1,141,629 in federal funds and $732,659 in non-federal. The non-federal share is obtained through intergovernmental transfers (IGTs).

Interested parties may obtain copies of the proposed amendment by contacting Jill Seime, Hospital Reimbursement, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1863; by facsimile at (512) 491-1998; or by e-mail at jill.seime@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200903579

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 13, 2009

The Texas Health and Human Services Commission announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective September 1, 2009.

The amendment updates and clarifies the methodology HHSC uses to qualify hospitals, compute hospital specific limits and calculate payments for hospitals that participate in the Disproportionate Share Hospital (DSH) Program. The amendment also addresses changes that are required to conform to new audit requirements contained in the December 19, 2008, Federal Medicaid Disproportionate Share Hospital (DSH) final rule (73 FR 77904).

The proposed amendment is estimated to result in no change in the amount of federal funds received by the state as a result of these changes. The source of non-federal funding for the DSH program comes from intergovernmental transfers (IGT).

Interested parties may obtain copies of the proposed amendment by contacting Diana Miller, Hospital Reimbursement, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1436; by facsimile at (512) 491-1998; or by e-mail at diana.miller@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200903580

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 13, 2009

The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment would be effective September 1, 2009.

The amendment addresses the eligibility of certain large urban hospitals for the urban hospital UPL supplemental payment program. The amendment lists new conditions of participation as well as clarifies the methodology HHSC uses to compute Medicaid supplemental payments for large urban hospitals. Specifically, language is being added to make six additional public hospitals in counties with populations greater than 100,000 eligible for these payments in addition to the 11 hospitals that already receive them.

The addition of the six new hospitals described above to the urban hospital UPL program will have a neutral fiscal impact. No net additional supplemental payments will be made to publicly-owned or affiliated urban public hospitals because hospitals in Texas are currently being paid at the aggregate cap calculated in state fiscal year (FY) 2009 for urban and rural public hospitals. Instead, funds will be redistributed among all the participating hospitals. The existing qualified public hospitals may have their future funds reduced as a result of this redistribution. If the aggregate cap for public hospitals increases in FY 2010, public hospitals in the state may receive additional federal funds.

Interested parties may obtain copies of the proposed amendment by contacting Jill Seime, Hospital Reimbursement, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1863; by facsimile at (512) 491-1998; or by e-mail at jill.seime@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200903624

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 18, 2009

The Texas Health and Human Services Commission announces its intent to submit amendments to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendments are effective September 1, 2009.

The amendments will modify the reimbursement methodologies in the Texas Medicaid State Plan as a result of Medicaid fee changes for the following services:

Hearing Devices and Audiometric Evaluations

The proposed amendments are estimated to result in an additional annual expenditure of $5,752 for the remainder of the federal fiscal year (FFY) 2009, with approximately $3,956 in federal funds and $1,796 in State General Revenue (GR). For FFY 2010, the estimated expenditure is $11,500, with approximately $7,850 in federal funds and $3,650 in GR. For FFY 2011, the estimated expenditure is $17,250, with approximately $10,506 in federal funds and $6,744 in GR.

Interested parties may obtain copies of the proposed amendments by contacting Dan Huggins, Director of Rate Analysis for Acute Care Services, by mail at the Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1432; by facsimile at (512) 491-1998; or by e-mail at Dan.Huggins@hhsc.state.tx.us. Copies of the proposals will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200903650

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 19, 2009

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the Community Based Alternatives (CBA) program, which is a Medicaid Home and Community-Based Services waiver program under the authority of 1915(c) of the Social Security Act. The CBA program is currently approved for the five-year period beginning September 1, 2007, and ending August 31, 2012. The proposed effective date for the amendment is September 1, 2009.

The Community Based Alternatives program provides home and community-based services to persons age 21 and older who qualify for nursing facility care. These services are provided as cost-effective alternatives to placement in nursing facilities.

This amendment adds Support Consultation to the array of services and allows individuals who are eligible for Medicaid through Medicaid buy-in to be eligible for the CBA waiver. This amendment also removes references to the Texas Index for Level of Effort (TILE) payment level and replaces those references with Resource Utilization Groups (RUGs).

HHSC is requesting that the waiver amendment be approved for the period beginning September 1, 2009, through August 31, 2012. This amendment maintains cost neutrality for waiver years 2009 through 2012.

To obtain copies of the proposed waiver amendment, interested parties may contact Christine Longoria by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1152, fax (512) 491-1953, or by e-mail at Christine.Longoria@hhsc.state.tx.us.

TRD-200903652

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 19, 2009

Licensing Actions for Radioactive Materials

TRD-200903623

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 18, 2009

Company Licensing

Application for admission to the State of Texas by FIRST CATHOLIC SLOVAK UNION OF THE UNITED STATES OF AMERICAN AND CANADA under the assumed name of FCSU LIFE, a foreign life company. The home office is in Independence, Ohio.

Application to change the name of ATLANTIC INSURANCE COMPANY to FREEDOM SPECIALTY INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Scottsdale, Arizona.

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-200903644

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: August 19, 2009

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 12, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Skyline Communications, LLC for a Service Provider Certificate of Operating Authority, Docket Number 37351 before the Public Utility Commission of Texas.

Applicant intends to provide leasing or sale of conduit and dark fiber.

Applicant's requested SPCOA geographic area includes the area of Texas comprising the Dallas Local Access and Transport Area.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 2, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 37351.

TRD-200903635

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on August 13, 2009, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Velocity The Greatest Phone Company Ever, Inc. for a Service Provider Certificate of Operating Authority, Docket Number 37353 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance and wireless services.

Applicant's requested SPCOA geographic area includes the area of Texas served by all incumbent local exchange companies.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than September 2, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 37353.

TRD-200903637

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on August 14, 2009, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Rogelio Garza). Docket Number 37360.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from Rogelio Garza, requesting BPUB to provide electric utility service a residential home located on a 0.436-acre tract of land. The estimated cost to BPUB to provide service to this proposed area is $2,638.35. If the application is granted the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than September 8, 2009, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 37360.

TRD-200903636

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: August 18, 2009

Aviation Division - Request for Proposal for Aviation Engineering Services

In the August 14, 2009, issue of the Texas Register (34 TexReg 5612), the Texas Department of Transportation, Aviation Division, published a request for proposal for Aviation Engineering Services for the City of Granbury. The project description has been clarified and the deadline date for submittal of proposals has been changed and extended. The following public notice is re-published with the clarification and with the new deadline.

The City of Granbury, through its agent the Texas Department of Transportation (TxDOT), intends to engage an aviation professional engineering firm for services pursuant to Government Code, Chapter 2254, Subchapter A. TxDOT Aviation Division will solicit and receive proposals for professional aviation engineering design services described below.

The following is a listing of proposed projects at the Granbury Regional Airport during the course of the next five years through multiple grants.

Current Project: Airport Sponsor: City of Granbury, Granbury Regional Airport; TxDOT CSJ No.: 0902GRNBY. Scope: provide engineering/design services to rehabilitate and mark runway 14/32 and taxiway.

There is no DBE Goal required for the current project. TxDOT Project Manager is Harry Lorton.

Future scope work items for engineering/design services within the next five years may include but are not necessarily limited to services relating to the following:

1. Construct new runway 1-19

2. Rehabilitate hangar access taxiways for three hangars

3. Install MIRL runway 1-19

4. Mark runway 1-19 with displaced threshold runway 19

5. Construct parallel taxiway to runway 1-19

6. Rehabilitate and mark runway 14-32 and taxiway

The City of Granbury reserves the right to determine which of the above scope of services may or may not be awarded to the successful firm and to initiate additional procurement action for any of the services above.

To assist in your proposal preparation the criteria, 5010 drawing and most recent Airport Layout Plan are available online at www.txdot.gov/avn/avninfo/notice/consult/index.htm by selecting "Granbury Regional Airport." The proposal should address a technical approach for the current scope and future scope. Firms shall use page 4, Recent Airport Experience, to list relevant past projects for both current and future scope.

Interested firms shall utilize the latest version of Form AVN-550, titled "Aviation Engineering Services Proposal." The form may be requested from TxDOT Aviation Division, 125 East 11th Street, Austin, Texas 78701-2483, phone number, 1-800-68-PILOT (74568). The form may be emailed by request or downloaded from the TxDOT web site at http://www.txdot.gov/business/projects/aviation.htm. The form may not be altered in any way. All printing must be in black on white paper, except for the optional illustration page. Firms must carefully follow the instructions provided on each page of the form. Proposals may not exceed the number of pages in the proposal format. The proposal format consists of seven pages of data plus two optional pages consisting of an illustration page and a proposal summary page. Proposals shall be stapled but not bound in any other fashion. PROPOSALS WILL NOT BE ACCEPTED IN ANY OTHER FORMAT.

ATTENTION: To ensure utilization of the latest version of Form AVN-550, firms are encouraged to download Form AVN-550 from the TxDOT website as addressed above. Utilization of Form AVN-550 from a previous download may not be the exact same format. Form AVN-550 is a PDF Template.

Please note:

Seven completed, unfolded copies of Form AVN-550 must be received by TxDOT Aviation Division at 150 East Riverside Drive, 5th Floor, South Tower, Austin, Texas 78704 no later than September 22, 2009 at 4:00 p.m. Electronic facsimiles or forms sent by email will not be accepted. Please mark the envelope of the forms to the attention of Becky Vick.

The consultant selection committee will be composed of local government members. The final selection by the committee will generally be made following the completion of review of proposals. The committee will review all proposals and rate and rank each. The criteria for evaluation of engineering proposals can be found at http://www.txdot.gov/business/projects/aviation.htm. All firms will be notified and the top rated firm will be contacted to begin fee negotiations. The selection committee does, however, reserve the right to conduct interviews for the top rated firms if the committee deems it necessary. If interviews are conducted, selection will be made following interviews.

Please contact TxDOT Aviation for any technical or procedural questions at 1-800-68-PILOT (74568). For procedural questions, please contact Becky Vick, Grant Manager. For technical questions, please contact Harry Lorton, Project Manager.

TRD-200903629

Jack Ingram

Associate General Counsel

Texas Department of Transportation

Filed: August 18, 2009

The following notice was posted to the open meetings site on August 19, 2009.

North American Development Bank

203 South St. Mary's

San Antonio, Texas 78205

Thursday, September 10, 2009

10:00 a.m.

Agenda:

1. Call to order

2. Welcome and introductions

3. Review and discuss recent survey responses from committee members related to the committee's functions

4. Discuss and identify the highest priority border trade transportation challenges within the state's purview

5. Discuss strategies for addressing the highest priority border trade transportation challenges, including any potential statutory changes and recommendations that can be made to the Texas Transportation Commission

6. Discuss upcoming committee priorities and issues for future consideration

7. Adjourn

TRD-200903649

Jack Ingram

Associate General Counsel

Texas Department of Transportation

Filed: August 19, 2009

The Texas Department of Transportation (department) is requesting that each municipality subject to the requirements contained in Transportation Code, §707.004 provide the required data to the department no later than October 30, 2009 in order for the department to meet the mandated deadline for an annual report to the Texas Legislature.

Pursuant to Transportation Code, §707.004, each municipality operating a photographic traffic signal enforcement system or planning to install such a system must compile and submit to the department certain statistical information. Before installing such a system, the municipality is required to submit a written report on the number and type of traffic crashes that have occurred at the intersection over the last 18 months prior to installation. The municipality is also required to provide annual reports to the department after installation showing the number and type of crashes that have occurred at the intersection.

The department is required by Transportation Code, §707.004 to produce an annual report of the information submitted to the department by December 1 of each year.

The department has created a web page detailing municipal reporting requirements and to allow the required data to be submitted electronically:

http://www.txdot.gov/safety/red_light_cameras.htm

For additional information contact the Texas Department of Transportation, Traffic Operations Division, 125 East 11th Street, Austin, Texas 78701-2483 or call (512) 416-3118.

TRD-200903602

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: August 14, 2009

In accordance with 43 TAC §§25.500 - 25.505, the Texas Department of Transportation issues this 2009 Program Call for the proposed projects of the department's Safe Routes to School Program. The Safe Routes to School Program is a comprehensive program designed to improve the bicycle and pedestrian safety of school age children; encourage a healthy and active lifestyle from an early age; enable and encourage children, including those with disabilities, to walk and bicycle to school; and to facilitate projects and activities that will improve safety and reduce traffic, fuel consumption, and air pollution in the vicinity of schools.

Projects eligible to receive funding under this program include those involving both infrastructure related and non-infrastructure related activities.

For Infrastructure projects, the department will accept applications from state agencies and political subdivisions as defined in 43 TAC §25.501.

Eligible types of infrastructure projects are defined in 43 TAC §25.502(b) as:

(1) sidewalk improvements such as new sidewalks, widened sidewalks, sidewalk gap closures, sidewalk repairs, curb cuts for ramps, and the construction of curbs and gutters;

(2) pedestrian/bicycle crossing improvements such as new or upgraded traffic signals, crosswalks, median refuges, pavement markings, traffic signs, pedestrian or bicycle over-crossings and under-crossings, flashing beacons, traffic signal phasing extensions, bicycle sensitive actuation devices, pedestrian activated signal upgrades, and sight distance improvements;

(3) on-street bicycle facilities such as new or upgraded bicycle lanes, widened outside lanes or roadway shoulders, geometric improvements, turning lanes, channelization and roadway realignment, traffic signs, and pavement markings;

(4) traffic diversion improvements including separation of pedestrians and bicycles from vehicular traffic adjacent to school facilities, and traffic diversion away from school zones or designated routes to a school;

(5) off-street bicycle and pedestrian facilities including exclusive multi-use bicycle or pedestrian trails and pathways;

(6) traffic calming measures for off-system roads such as roundabouts, traffic circles curb extensions at intersections that reduce curb-to-curb roadway travel widths, center islands, full and half-street closures, and other speed reduction techniques;

(7) secure bicycle parking facilities; and

(8) other projects that promote pedestrian and bicycle safety of children in and around school areas.

To nominate an infrastructure project, the eligible political subdivisions must file its application, in the form prescribed by the department, with the district engineer of the district office responsible for the area in which the proposed Safe Routes to School project will be constructed. The address and telephone number of each district office may be obtained through the following web site under "Local Information" or by contacting the Traffic Operations Division at (512) 416-3279.

http://www.txdot.gov/local_information/

Completed applications must be received by the department no later than 5:00 p.m., Monday, November 30, 2009.

For non-infrastructure projects, the department will accept applications from state agencies, political subdivisions, schools, school districts, non-profit organizations, and for-profit organizations, or any combination of these entities as defined in 43 TAC §25.501.

Eligible types of non-infrastructure projects are defined in 43 TAC §25.502(b) as:

(1) public awareness campaigns and outreach efforts to the news media and community leaders;

(2) traffic education and enforcement in the vicinity of schools;

(3) providing student education on bicycle and pedestrian safety, health, and the environment; and

(4) other projects that promote pedestrian and bicycle safety of children in and around school areas.

To nominate a non-infrastructure project, the eligible applicant must file its application, in the form prescribed by the department, to the Traffic Operations Division (TRF) at:

Texas Department of Transportation

Traffic Operations Division

125 East 11th St.

Austin, TX 78701-2483

Completed applications must be received by the department no later than 5:00 p.m., Monday, November 30, 2009.

Information regarding the program, program guide, and application forms are available from the department's district offices, by contacting the Traffic Operations Division at (512) 416-3279, by the web site:

http://www.saferoutestx.org/

http://www.txdot.gov/safety/safe_routes/default.htm

or by e-mail at:

trftepgm@dot.state.tx.us

TRD-200903605

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: August 17, 2009