Pursuant to Chapter 403 and Chapter 2254, Subchapter B, Texas Government Code, the Comptroller of Public Accounts (Comptroller), on behalf of the Texas Prepaid Higher Education Tuition Board (Board), announces the following notice of intent to increase a major consulting services contract with Ennis Knupp & Associates, Inc. as follows:

The contract with Ennis Knupp & Associates, Inc., will be amended and increased from not-to-exceed $200,000.00, to not-to-exceed $300,000.00. The term of the contract is from August 27, 2008, through August 31, 2010. There are two (2) options to renew for one (1) additional one (1) year terms to be exercised one (1) year at a time.

The notice of request for proposals was published in the May 2, 2008, issue of the Texas Register (33 TexReg 3670) (RFP #185a).

The contractor will provide additional consulting and technical advice and assistance to the Comptroller and the Texas Prepaid Higher Education Tuition Board in the evaluation, selection, and ongoing administration of the Texas Prepaid Guaranteed Tuition Program, Texas College Savings Plan, Lonestar 529 Plan, and Texas Tomorrow Fund II Prepaid Undergraduate Tuition Program.

TRD-200902671

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 29, 2009

Pursuant to Chapters 403; 2254, Subchapter A; and Chapter 2305, §2305.032, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO) announces its Request for Proposals (RFP #195b) and invites proposals from qualified, interested engineering firms and individuals to provide professional energy engineering services for the LoanSTAR Revolving Loan Program. The Comptroller reserves the right to award more than one contract under the RFP. If a contract award is made under the terms of this RFP, Contractor will be expected to begin performance of the contract on or about September 1, 2009, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, in the Issuing Office at: 111 E. 17th St., Room 201, Austin, Texas 78774, (512) 305-8673, to obtain a complete copy of the RFP. The Comptroller will mail copies of the RFP only to those parties specifically requesting a copy. The RFP will be available for pick-up at the above referenced address on Friday, July 10, 2009, after 10:00 a.m. Central Zone Time (CZT) and during normal business hours thereafter. The Comptroller will also make the entire RFP available electronically on the Electronic State Business Daily (ESBD) at: http://esbd.cpa.state.tx.us after 10:00 a.m. CZT on Friday, July 10, 2009.

Questions and Non-Mandatory Letters of Intent: All written inquiries, questions, and Non-mandatory Letters of Intent to propose must be received at the above-referenced address not later than 2:00 p.m. CZT on Friday, July 17, 2009. Prospective proposers are encouraged to fax non-mandatory Letters of Intent and Questions to (512) 463-3669 to ensure timely receipt. Non-mandatory Letters of Intent must be addressed to William Clay Harris, Assistant General Counsel, Contracts, and must contain the information as stated in the corresponding Section of the RFP and be signed by an official of that entity. On or about Friday, July 24, 2009, the Comptroller expects to post responses to questions on the ESBD. Late Non-mandatory Letters of Intent and Questions will not be considered under any circumstances. Respondents shall be solely responsible for verifying timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.

Closing Date: Proposals must be delivered in the Issuing Office to the attention of the Assistant General Counsel, Contracts, no later than 2:00 p.m. CZT, on Friday, July 31, 2009. Late Proposals will not be considered under any circumstances. Respondents shall be solely responsible for verifying time receipt of Proposals in the Issuing Office.

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller will make the final decision. The Comptroller reserves the right to accept or reject any or all proposals submitted. The Comptroller is not obligated to execute a contract on the basis of this notice or the distribution of any RFP. The Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or to the RFP.

The anticipated schedule of events pertaining to this solicitation is as follows: Issuance of RFP - July 10, 2009, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - July 17, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - July 24, 2009; Proposals Due - July 31, 2009, 2:00 p.m. CZT; Contract Execution - September 1, 2009, or as soon thereafter as practical; Commencement of Services - September 1, 2009.

TRD-200902707

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: July 1, 2009

Notices issued June 10, 2009 through June 18, 2009.

TCEQ Internal Control No. 02202009-D02; Manvel Town Center, Ltd., Manvel North 40 Acres, Ltd., Manvel South 32 Acres, Ltd., Hemisphere Holdings, Inc., and JAA Investments, LLC (collectively, the "Petitioner") filed a petition for creation of Brazoria County Municipal Utility District No. 42 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code (TAC) Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk in Brazoria County, pursuant to 30 TAC §293.11(d). The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) the proposed District will contain approximately 191.732 acres located in Brazoria County, Texas; and (3) the proposed District is within the corporate boundaries and extraterritorial jurisdiction of the City of Manvel, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. The petition indicates that there five lienholders, Manvel 6.448 J.V., South Six 8.005 J.V., Arcola 13.435 J.V., Manvel 4.2 J.V., and Bank of the Ozarks, on the property to be included in the proposed District. The Petitioner has provided the TCEQ with certificates evidencing the lien holder's consent to the creation of the proposed District. By Resolution No. 2009-R-1, effective January 26, 2009, the City of Manvel, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. 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 $22,250,000.

TCEQ Internal Control No. 12292008-D01; Wellborn Special Utility District of Brazos County (the "District") filed an application with the Texas Commission on Environmental Quality (TCEQ) for authority to levy impact fees of $2,100 per equivalent single-family connection for water facilities. The District's service area boundaries are shown on the map that follows this notice and is marked as Exhibit "A." The District files this application under the authority of Chapter 395 of the Local Government Code, 30 TAC Chapter 293, and the procedural rules of the TCEQ. The purpose of impact fees is to generate revenue to recover the costs of capital improvements or facility expansions made necessary by and attributable to serving new development in the District's service area. At the direction of the District, a registered engineer has prepared a capital improvements plan for the system that identifies the capital improvements or facility expansions and their costs for which the impact fees will be assessed.

TCEQ Internal Control No. 11032008-D01; A petition from Lavon 593 Land Investment Partners, L.P. (Petitioner) for creation of Collin County Water Control and Improvement District No. 3 (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 51 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioners are the holders of title to a majority in value of the land to be included in the proposed District; (2) there is one lien holder - The First National Bank of Jacksboro - on the land to be included I the proposed District; (3) the proposed District will contain approximately 593 acres located within Collin County, Texas; and (4) portions of the proposed District are within the extraterritorial jurisdiction of the City of Lucas and the Town of Saint Paul, Texas, and no portion of land within the proposed District is within the extraterritorial jurisdiction or corporate limits of any other city, town or village in Texas. Additionally, other materials submitted states that a portion of the proposed District is located within the extraterritorial jurisdiction of The City of Wylie. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $45,700,000.

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-200902716

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 1, 2009

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 10, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 10, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.

(1) COMPANY: CITGO Refining and Chemicals Company L.P.; DOCKET NUMBER: 2008-1193-AIR-E; TCEQ ID NUMBER: RN102555166; LOCATION: 1801 Nueces Bay Boulevard, Corpus Christi, Nueces County; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: Texas Health and Safety Code (THSC), §382.085(b), 30 TAC §116.115(c), and New Source Review (NSR) Permit 3119A, Special Condition (SC) Number 1, by failing to prevent unauthorized emissions; THSC, §382.085(b) and 30 TAC §101.201(a)(1), by failing to submit the initial notification of Incident Number 102832 within 24 hours of discovery; and THSC, §382.085(b) and 30 TAC §101.201(b), (c), and (g), by failing to list all compounds and quantities associated with Incident Number 102832 in the final report; PENALTY: $10,482; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(2) COMPANY: Destructors, Inc.; DOCKET NUMBER: 2008-1012-AIR-E; TCEQ ID NUMBER: RN102824737; LOCATION: 478 Limestone County Road 374, Groesbeck, Limestone County; TYPE OF FACILITY: portable rock crusher; RULES VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit prior to performing rock crushing activities; PENALTY: $60,000; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(3) COMPANY: Hwy 2243 Grocery, Inc. dba Jiffy Mart 2; DOCKET NUMBER: 2008-0656-MLM-E; TCEQ ID NUMBER: RN101499655; LOCATION: 2200 South Austin Avenue, Georgetown, Williamson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or addition within 30 days from the date of the occurrence of the change or addition, or within 30 days from the date on which the owner or operator first became aware of the change or addition; 30 TAC §334.49(c)(2)(C) and (4) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly and by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the tank number is permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube according to the underground storage tank registration and self-certification form; and 30 TAC §213.5(d)(1), by failing to provide a functioning continuous monitoring leak detection system that is capable of immediately alerting of possible leakages; PENALTY: $14,059; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(4) COMPANY: Industrial Scrap Materials, Inc.; DOCKET NUMBER: 2009-0008-MSW-E; TCEQ ID NUMBER: RN105078679; LOCATION: 3708 North Commerce Street, Fort Worth, Tarrant County; TYPE OF FACILITY: scrap metal and salvage yard; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $2,040; STAFF ATTORNEY: Mike Fishburn, Litigation Division, MC 175, (512) 239-0635; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Lehigh Cement Company; DOCKET NUMBER: 2007-1345-AIR-E; TCEQ ID NUMBER: RN100218254; LOCATION: 100 South Wickson Road, Woodway, McLennan County; TYPE OF FACILITY: cement manufacturing company; RULES VIOLATED: 30 TAC §122.145(2) and §122.146(1) and THSC, §382.085(b), by failing to submit annual compliance certifications and associated deviation reports; 30 TAC §§101.20(3), 116.115(c), 122.143(4), and 122.145(1)(A), THSC, §382.085(b), NSR Permit Number 9399/PSD-TX-624, SC Number 13, and Federal Operating Permit Number O-1035, Special Terms and Conditions Number 7, by failing to submit Continuous Emission Monitoring System Excess Emission reports; 30 TAC §101.20(1) and §122.143(4), 40 Code of Federal Regulations (CFR) §60.63, Federal Operating Permit Number O-1035, Special Terms and Conditions Number 3, and THSC, §382.085(b), by failing to conduct monthly visual opacity emission readings; 30 TAC §113.690 and §122.143(4), 40 CFR §63.1344(a), THSC, §382.085(b), and Federal Operating Permit Number O-1035, Special Terms and Conditions Number 1D, by failing to comply with the exhaust gas temperature standard; 30 TAC §117.283(a) and THSC, §382.085(b), by failing to comply with nitrogen oxide limits currently under a State Implementation Plan; and 30 TAC §117.283(c) and THSC, §382.085(b), by failing to submit State Implementation Plan Annual Emission Reports; PENALTY: $160,140, Supplemental Environmental Project offset amount $55,590; STAFF ATTORNEY: Anna Treadwell, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: Ruth Ann Smith dba Smiths Hardware & More; DOCKET NUMBER: 2007-0943-PST-E; TCEQ ID NUMBER: RN102263332; LOCATION: 4783 Farm-to-Market Road 10, Gary, Panola County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.72, by failing to report a suspected release to the agency within 24 hours of discovery; 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; and 30 TAC §334.10(b), by failing to maintain underground storage tank records and immediately make available for inspection upon request by agency personnel; PENALTY: $22,000; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(7) COMPANY: SLC Construction, LLC FKA SLC Construction, LP; DOCKET NUMBER: 2008-1583-WQ-E; TCEQ ID NUMBER: RN105600837; LOCATION: 1165 Rodeo Drive, Aransas Pass, Aransas County; TYPE OF FACILITY: sand mining operation; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities under a Texas Pollutant Discharge Elimination System Multi-Sector General Permit; and TWC, §26.121(a)(1), by failing to prevent the discharge of wastewater into or adjacent to water in the State without authorization; PENALTY: $4,000; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-200902697

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 30, 2009

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is August 10, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on August 10, 2009. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.

(1) COMPANY: Arnold Trucking, Inc.; DOCKET NUMBER: 2008-1578-WQ-E; TCEQ ID NUMBER: RN105483317; LOCATION: north side of Loop 390 west of United States Highway 59 North, Marshall, Harrison County; TYPE OF FACILITY: sand and gravel mining operation; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities under a Texas Pollutant Discharge Elimination System (TPDES) Multi-Sector General Permit; PENALTY: $3,150; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(2) COMPANY: Derdeyn/Ford, Inc. dba Tejas Village; DOCKET NUMBER: 2008-0974-PWS-E; TCEQ ID NUMBER: 2008-0974-PWS-E; LOCATION: 509 Tejas Road, Jefferson, Marion County; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to mail or directly deliver one copy of the Consumer Customer Report (CCR) to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; PENALTY: $585; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(3) COMPANY: Imkan Enterprises, Inc. dba Rose Hill Country Store; DOCKET NUMBER: 2008-0660-PST-E; TCEQ ID NUMBER: RN101192136; LOCATION: 17835 Farm-to-Market Road 2920, Tomball, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(4) and (6) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review upon request by agency personnel; 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued underground storage tanks (USTs) delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.49(c)(2)(C) and (4) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly and by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(b)(1)(A), (d)(1)(B)(ii), (iii)(I) and TWC, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons, and by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; and 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition, as specified by the manufacturer and/or any applicable California Air Resources Board Executive Order, and free of defects that would impair the effectiveness of the system, including, but not limited to absence or disconnection of any component that is a part of the approved system; PENALTY: $29,386; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: James C. Dunn dba Fillmore Cleaners; DOCKET NUMBER: 2006-0992-DCL-E; TCEQ ID NUMBER: RN104029194; LOCATION: 619 North Fillmore Street, Amarillo, Potter County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and TWC, §5.702, by failing to pay outstanding dry cleaner and late fees for TCEQ Financial Account Number 24001447 for Fiscal Year 2006; PENALTY: $3,185; STAFF ATTORNEY: Tommy Tucker Henson II, Litigation Division, MC 175, (512) 239-0946; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: Michael Soza dba Water Valley Water Co-Op; DOCKET NUMBER: 2008-0993-PWS-E; TCEQ ID NUMBER: RN101451110; LOCATION: south of State Highway 71, approximately one mile east of Wolf Lane, east of Garfield, near the City of Cedar Creek, Travis County; TYPE OF FACILITY: public water supply for compensation; RULES VIOLATED: 30 TAC §290.271(b) and §290.274(a) and (c), by failing to directly deliver one copy of the CCR to each bill paying customer by July 1st of each year and by failing to submit a copy of the annual CCR and certification that the CCR has been distributed to the customers of the water system and that the information in the CCR is correct and consistent with compliance monitoring data to the TCEQ by July 1st of each year; and 30 TAC §290.51(a)(6), by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 92270030 for Fiscal Years 2003 - 2008 to the TCEQ; PENALTY: $1,630; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(6) COMPANY: Paul McGregor; DOCKET NUMBER: 2008-1206-LII-E; TCEQ ID NUMBER: RN105532865; LOCATION: 17424 West Grand Parkway South, Suite 208, Sugar Land, Harris County; TYPE OF FACILITY: landscaping business; RULES VIOLATED: 30 TAC §344.58(b), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to comply with the requirements for authorized use of an irrigator or installer license; and 30 TAC §30.5(b) and §344.4(a) 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 without holding a current license or employing individuals who hold current licenses; PENALTY: $500; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200902698

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 30, 2009

The following notices were issued during the period of May 29, 2009 through June 18, 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

HANSON AGGREGATES WEST INC which operates the Bridgeport Plant, a limestone quarrying and processing plant, has applied for a renewal of TPDES Permit No. WQ0001214000, which authorizes the discharge of mine dewatering and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located on State Highway 101 approximately four miles north of the City of Bridgeport, Wise County, Texas.

TRS ENVIROGANICS INC has applied for a renewal of TCEQ Permit No. WQ0004501000, which authorizes the land application of sewage sludge and water treatment plant sludge for beneficial use. The current permit authorizes land application of sewage sludge and water treatment plant sludge for beneficial use on 115 acres. This permit will not authorize a discharge of pollutants into waters in the State. The land application site is located adjacent to the south side of Pierceall Road, 0.2 mile west of the intersection of Farm-to-Market Road 359 and Pierceall Road, 3 miles south of old U.S. Highway 290 in Waller County, Texas.

CITY OF SAN ANGELO has applied for a renewal of TCEQ Permit No. WQ0010641002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 94,000 gallons per day via surface irrigation of 52 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located southeast of the end of the north-south runway 18-36 at Mathis Field Airport, approximately 2 miles south of the intersection of Knickerbocker Road and South Concho Drive in the City of San Angelo in Tom Green County, Texas.

WEATHERFORD U S LP which operates the Weatherford Technology and Training Center, has applied for a major amendment to TPDES Permit No. WQ0004760000 to clarify the waste streams discharged via Outfall 001 include: treated domestic wastewater, laboratory rinse wastewater, and rubber mixer area wash down wastewater; clarify the waste streams discharged via Outfall 002 include: rig testing area wash water and potentially impacted storm water; authorize the removal of Outfall 003, replace the existing SIC codes with SIC code 8731 (commercial, physical and biological research) and SIC code 8734 (testing laboratories) to reflect the facility's function; and reduce the frequency of monitoring requirements for oil and grease, ammonia-nitrogen, total organic carbon, carbonaceous biochemical oxygen demand and total residual chlorine at Outfall 001. The current permit authorizes the discharge of treated domestic wastewater and laboratory rinse wastewater at a daily average flow not to exceed 10,800 gallons per day via Outfall 001, treated wastewater from a hot cell underground tank, impacted storm water and rig testing area pressure wash wastewater on an intermittent and flow variable basis via Outfall 002, and sub-surface safety valve laboratory flow test wastewater and compressor blowdown wastewater on an intermittent and flow variable basis via Outfall 003. The facility is located approximately 0.75 mile west of U.S. Highway 290 and two miles east of Eldridge Road on Spencer Road in the City of Houston, Harris County, Texas.

FLAGSHIP EMERALD POINT LP has applied for a minor amendment to the TCEQ permit WQ0013825001 to authorize for improving treatment efficiency with adding a 10,000 gallon package plant at the head works to split the flow in to the plant. The existing permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day low pressure dosed subsurface drainfield system with a minimum area of 31,250 square feet, which will remain the same. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located at 5973 Hiline Road, on the west side of Hiline Road off of Hudson Bend Road approximately 1/4 mile north-northwest of the intersection of Ranch Road 620 and Hudson Bend Road in Travis County, Texas.

CROSS COUNTRY COMMERCIALS INC has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014937001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility will be located 2,000 feet northeast of the intersection of State Highway 124 and Farm-to-Market Road 365 in Jefferson County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

GRAYSON COUNTY COLLEGE has applied for a major amendment to TPDES Permit No. WQ0010689001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 36,000 gallons per day to a daily average flow not to exceed 75,000 gallons per day. The current permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 360,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 20 acres. This authorization is discontinued in the draft permit. The facility is located at 6101 Grayson Drive in the City of Denison, approximately 3 miles west of U.S. Highway 75 on the north side of Farm-to-Market Road 691 and approximately 6 miles south of the City of Denison business district in Grayson County, Texas 75020.

R AND B MOBILE PARK LLC has applied for a renewal of TPDES Permit No. WQ0012296001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 13,000 gallons per day. The facility is located approximately 6,500 feet southeast of the intersection of State Highway 30 and Farm-to-Market Road 158 in Brazos County, Texas 77845.

LAMBERTI USA which operates the Wharton Chemical Complex, has applied for a renewal of TPDES Permit No. WQ0002469000, which authorizes the discharge of process wastewater commingled with scrubber water, cooling tower blowdown, boiler blowdown, domestic wastewater, and storm water at a daily average flow not to exceed 47,100 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located approximately 2,400 feet southwest of the San Bernard River/U.S. Highway 59 bridge and approximately 3.5 miles northeast of the town of Hungerford, Wharton County, Texas.

CITY OF BIG LAKE has applied for a renewal of TPDES Permit No. WQ0010038001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 350,000 gallons per day. The facility is located approximately 530 feet south of U. S. Highway 67, approximately 1.14 miles east of the intersection of U. S. Highway 67 and the State Highway 137 in Reagan County, Texas.

CITY OF WINNSBORO has applied for a renewal of TPDES Permit No. WQ0010319002 which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located one mile south of Winnsboro, approximately 1,900 feet east of Old State Highway 37 and 1,400 feet west of Farm-to-Market Road 312 in Wood County, Texas.

CITY OF HAMLIN has applied for a renewal of TPDES Permit No. WQ0010491002, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility is located approximately 1/4 mile southeast of the intersection of State Highway 92 and U.S. Highway 83 on the north bank of California Creek in Jones County, Texas.

HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 84 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0010558001 to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day in the Interim II Phase. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 16224 Bear Bayou Drive, southwest of the intersection of Bear Bayou and North Avenue, in the Old River Subdivision in Harris County, Texas.

JIM HOGG COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 2 has applied for a renewal of TPDES Permit No. WQ0010799001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 796,000 gallons per day. The facility is located approximately 3,700 feet east of the intersection of State Highway 285 and Farm-to-Market Road 1017, on the north side of State Highway 285 in Jim Hogg County, Texas.

CITY OF ROTAN has applied for a renewal of TCEQ Permit No. WQ0011256001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 152,000 gallons per day via irrigation of 75 acres of land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located 1 mile southeast of the intersection of State Highway 70 and State Highway 92 (Snyder) Road, southeast of the City of Rotan in Fisher 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-200902713

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 1, 2009

The following notices were issued during the period of May 29, 2009 through June 25, 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

CITY OF BASTROP has applied for a renewal of TPDES Permit No. WQ0011076002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility will be located approximately 1.5 miles south of the intersection of State Highway 71 and State Highway 304, on the north bank of the confluence of Spring Branch and the Colorado River in Bastrop County, Texas.

PECAN GROVE MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011655001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,900,000 gallons per day. The facility is located at 1504 Skinner Lane (Farm-to-Market Road 359) approximately 1.5 miles north of U.S. Highway 90A and approximately 500 feet east of Farm-to-Market Road 359 in Fort Bend County, Texas.

CITY OF ROCKDALE has applied for a renewal of TPDES Permit No. WQ0010658001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,250,000 gallons per day. The facility is located southwest of the intersection of Beverly Road and Southern Pacific Railroad, in Milam County, Texas.

INDIAN PETRO CORP has applied for a renewal of TPDES Permit No. WQ0014035001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 1,500 feet southwest of the intersection of U.S. Highway 59 and Farm-to-Market Road 2914 and on the west side of U.S. Highway 59, approximately 4.2 miles south of Shepherd in San Jacinto County, Texas.

AQUA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014223001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility is located on the west side of an unnamed road, 0.49 mile east of State Highway 95 and Pershing Drive, and approximately 2.78 miles north of the intersection of State Highway 95 and Farm-to-Market Road 1441 in Bastrop County, Texas.

AQUA WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014561001 which authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 16,000 gallons per day. The facility is located 750 feet south of US Highway 290 from a point approximately 2.0 miles west of the intersection of US Highway 290 and County Road 360, on the Dube Lane access road in Bastrop County, Texas 78650.

OXBOW CALCINING LLC which operates the Oxbow Calcining plant, has applied for a major amendment to TPDES Permit No. WQ0001994000 to authorize the discharge of treated domestic wastewater via Outfall 001; relocate Outfall 001; and remove the requirement to maintain the ability to hold the direct rainfall and runoff from a 10 year, 24 hour storm event. The current permit authorizes the discharge of treated wastewaters on an intermittent and flow variable basis via Outfall 001; and treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via Outfall 002. The facility is located on the West Turning Basin of the Sabine-Neches Ship Channel, approximately two and one-half miles southwest of the City of Port Arthur, Jefferson County, Texas.

TGS RAINBOW TERMINAL LLC which proposes to operate Rainbow Terminal Petcoke Handling Facility, a petroleum coke terminal, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004874000, to authorize the discharge of storm water runoff, dust suppression water, dock reclaim water, and equipment wash water on an intermittent and flow variable basis via Outfall 001. The facility is located at Highway 366 and 32nd Street, Jefferson County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

CITY OF ROSENBURG has applied for a renewal of TPDES Permit No. WQ0010607003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 2700 Avenue A, southeast of the intersection of 8th Street and Avenue A, approximately one mile north of the Missouri Pacific Railroad in the City of Rosenberg in Fort Bend County, Texas.

TEXAS AGRILIFE RESEARCH which operates the Wool and Mohair Research Lab, has applied for a renewal of TCEQ Permit No. WQ0002755000, which authorizes the disposal of process wastewater from cashmere, mohair, and wool scouring, lab sink wastewater and boiler blowdown via evaporation. Effluent routed from the settling basin to the evaporation pond shall not exceed a total annual flow of 127,000 gallons per year. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at 7887 U.S. Highway 87 North, approximately three miles northwest of the City of San Angelo, Tom Green County, Texas 76901.

CROCKETT COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 1 has applied for a renewal of TPDES Permit No. WQ0010059001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 3,000 feet west of State Highway 163 and approximately 2.5 miles south of Interstate Highway 10 in Crockett County, Texas.

CITY OF PETERSBURG has applied for a renewal of TCEQ Permit No. WQ0010246001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day via surface irrigation of 99 acres of non-public access agricultural land. The wastewater treatment facility and disposal site are located approximately one mile southeast of the intersection of Farm-to-Market Roads 54 and 789, and east of the City of Petersburg in Hale County, Texas.

CITY OF BROWNSBORO has applied for a renewal of TPDES Permit No. WQ0010540001 which authorizes the discharge of treated domestic wastewater at a daily flow not to exceed 156,000 gallons per day. The facility is located at intersection of Farm Road 314 and County Road 3300, north of Brownsboro in Henderson County, Texas.

CITY OF ROSENBERG has applied for a renewal of TPDES Permit No. WQ0010607003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,000,000 gallons per day. The facility is located at 2700 Avenue A, southeast of the intersection of 8th Street and Avenue A, approximately one mile north of the Missouri Pacific Railroad in the City of Rosenberg in Fort Bend County, Texas.

CITY OF MERTZON has applied for a renewal of TCEQ Permit No. WQ0011347001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day via surface irrigation of 35.5 acres of public access land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located at 550 North Commerce Street, on the west side of Spring Creek and east of U.S. Highway 67, approximately one mile south of Farm-to-Market Road 72 in Irion 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-200902714

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 1, 2009

Notices issued June 18, 2009 through June 26, 2009.

APPLICATION NO. 12456; The Lower Colorado River Authority, Applicant, P.O. Box 220, H429, Austin, Texas 78767, has applied for a temporary permit to impound an additional 2,740 acre-feet of water for a period of three years in Cedar Creek Reservoir, located on Cedar Creek, tributary of the Colorado River, Colorado River Basin for industrial purposes in Fayette County. More information on the application and how to participate in the permitting process is given below. The application and partial fees were received on May 5, 2009. Additional information was received on May 28, 2009. The application was declared administratively complete and accepted for filing on June 4, 2009. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by July 8, 2009.

APPLICATION NO. 08-2350A; The City of Lewisville, 151 Church Street, Lewisville, Texas 75057, Applicant, seeks to sever their water rights under Certificate of Adjudication No. 08-2349 and combine them with Certificate of Adjudication No. 08-2350, and has submitted an application to amend Certificate of Adjudication No. 08-2350 to add recreation use to the entire resulting 453 acre-foot amount, to add industrial and mining use to a 22-acre-foot portion, to add a diversion point, to move a diversion point, and to change the place of use. Applicant also seeks to store diverted water in off-channel reservoirs for recreation purposes and subsequent diversion and use. More information on the application and how to participate in the permitting process is given below. The application and fees were received on October 29, 2008. Additional information was received on November 20, 2008, January 22, January 26, March 25 and April 17, 2009. The application was accepted for filing and declared administratively complete on April 20, 2009. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

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

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

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

TRD-200902715

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 1, 2009

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 29, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. James Jones; SOAH Docket No. 582-09-1252; TCEQ Docket No. 2008-0709-MLM-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against James Jones on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200902717

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 1, 2009

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on June 30, 2009, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Mary's Automotive, Inc. dba Mary's Service Center; SOAH Docket No. 582-09-1616; TCEQ Docket No. 2008-0776-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Mary's Automotive, Inc. dba Mary's Service Center on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200902718

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: July 1, 2009

Hearing. The Texas Health and Human Services Commission will conduct a public hearing on July 24, 2009, at 1:00 p.m. to receive public comment on proposed rates for Professional Services in Home and Community-Based Services Waivers. Professional services include nursing services provided by a registered nurse (RN) or a licensed vocational nurse (LVN) (including Adjunct Support and Respite in the Medically Dependent Children Program), physical therapy, occupational therapy, speech/language therapy, dietary services (including nutritional services), audiology services (including auditory integration training/auditory enhancement training), and behavioral support services in Home and Community-Based Services Waiver programs 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 adjust the rates for Professional Services in Home and Community-Based Services Waiver programs. 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."

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies proposed to be codified at Texas Administrative Code (TAC) Title 1, Chapter 355, Subchapter F, §355.502, Reimbursement Methodology for Professional Services in Home and Community-Based Services Waivers. The proposed new §355.502, which appeared in the July 3, 2009, issue of the Texas Register, gives HHSC the authority to combine allowable costs per unit of service for identical professional services in all DADS waiver programs into a single database for use in determining rates for these services. These rates were subsequently adjusted in accordance with 1 TAC Chapter 355, Subchapter A, §355.101 (relating to Introduction) and §355.109 (relating to Adjusting Reimbursement When New Legislation, Regulations or Economic Factors Affect Costs).

Briefing Package. A briefing package describing the proposed payment rates will be available on July 10, 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-200902692

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 30, 2009

Summary. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Services Division, is issuing a Request for Proposals (RFP) for outside Bond Counsel. Bond Counsel will provide legal services in connection with the issuance of TDHCA's bonds, notes, and other obligations of TDHCA to finance or refinance residential housing and multifamily housing developments and to refund prior bond issues.

Deadline for Submission. The deadline for submission in response to this RFP is 4:00 p.m., Central Daylight Saving Time, July 24, 2009. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Kevin Hamby, General Counsel, at (512) 475-3948, 211 East 11th Street, Austin, Texas 78701, P.O. Box 13941, Austin, Texas 78711, or visit the Featured Items section of our website at www.tdhca.state.tx.us, for a complete copy of the RFP. Communication with any member of the board, the executive director, or TDHCA staff other than Mr. Hamby or his assistant, concerning any matter related to this RFP is grounds for immediate disqualification.

TRD-200902705

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 30, 2009

Summary. The Texas Department of Housing and Community Affairs (TDHCA), through its Legal Services Division, is issuing a Request for Proposals (RFP) for outside counsel in connection with TDHCA's administration of its low income housing tax credit matters.

Deadline for Submission. The deadline for submission in response to this RFP is 4:00 p.m., Central Daylight Saving Time, Friday, July 24, 2009. No proposal received after the deadline will be considered.

TDHCA reserves the right to accept or reject any (or all) proposals submitted. The information contained in this proposal request is intended to serve only as a general description of the services desired by TDHCA, and TDHCA intends to use responses as a basis for further negotiation of specific project details with offerors. This request does not commit TDHCA to pay for any costs incurred prior to the execution of a contract and is subject to availability of funds. Issuance of this request for proposals in no way obligates TDHCA to award a contract or to pay any costs incurred in the preparation of a response.

Law firms interested in submitting a proposal should contact Mr. Kevin Hamby, General Counsel, at (512) 475-3948, 211 East 11th Street, Austin, Texas 78701, P.O. Box 13941, Austin, Texas 78711, or visit the Featured Items section of our website at www.tdhca.state.tx.us, for a complete copy of the RFP. Communication with any member of the board, the executive director, or TDHCA staff other than Mr. Hamby, concerning any matter related to this RFP is grounds for immediate disqualification.

TRD-200902704

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: June 30, 2009

1.0 Name and Style of Game.

A. The name of Instant Game No. 1261 is "DALLAS COWBOYS®". The play style is "key number match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1261 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1261.

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

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

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

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

1.0 Name and Style of Game.

A. The name of Instant Game No. 1262 is "HOUSTON TEXANS". The play style is "key number match with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1262 shall be $5.00 per ticket.

1.2 Definitions in Instant Game No. 1262.

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

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

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

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

The Panhandle Regional Planning Commission (PRPC) is seeking proposals for a leased facility to house the Workforce Solutions Panhandle office in Hereford, Texas. The space should offer at least 4,000 square feet of contiguous space that can be appropriately configured for business/professional use. The office is currently located at 121 W. Park Avenue.

A copy of the Request for Proposals can be obtained by contacting Leslie Hardin, PRPC's Workforce Development Facilities Coordinator, at (806) 372-3381 or lhardin@theprpc.org. Proposals must be received at PRPC by 3:00 p.m. on August 3, 2009.

TRD-200902712

Leslie Hardin

Training and Support Coordinator, Workforce Development Facilities

Panhandle Regional Planning Commission

Filed: July 1, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on June 25, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Dallam and Sherman Counties, Texas.

Docket Style and Number: Application of Southwestern Public Service Company to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line within Dallam and Sherman Counties, Texas. Docket Number 37104.

The Application: The application of Southwestern Public Service Company (SPS) for a proposed transmission line is designated the Dallam County Substation to Sherman County Substation Transmission Line Project. SPS stated that the proposed transmission line is needed to provide reliable transmission service to the existing and growing loads in Dallam and Sherman Counties. The miles of right-of-way for this project will be approximately 37 to 47 miles (depending on approved route).

Persons wishing to intervene or comment on 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. The deadline for intervention in this proceeding is August 10, 2009. 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 37104.

TRD-200902701

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 30, 2009

Notice is given to the public of the filing on June 25, 2009, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The applicant will file the LRIC study on or about July 6, 2009.

Docket Title and Number: Application of Central Telephone Company of Texas d/b/a Embarq for Approval of LRIC Study for Individual Voice Channels with ISDN-PRI Functionality Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 37151.

Any party that demonstrates a justiciable interest may file with the administrative law judge written comments or recommendations concerning the LRIC study referencing Docket Number 37151. Written comments or recommendations should be filed no later than forty-five (45) days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free 1-800-735-2989. All comments should reference Docket Number 37151.

TRD-200902699

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 30, 2009

Notice is hereby given that the Texas Council on Purchasing from People with Disabilities (Council) intends to review the services provided by the central nonprofit agency, TIBH Industries Inc., for Fiscal Year 2010 as required by §122.019(c) of the Texas Human Resources Code. This review will be considered at the next Council meeting on Friday, September 18, 2009. The Council's meeting will be held at the Capitol Extension, 1400 North Congress Avenue, Hearing Room E2.026, Austin, Texas. The Council requests that interested parties submit comments regarding the services of TIBH Industries Inc. in its operation of the State Use Program, under §122.019(a) - (b) of the Texas Human Resources Code.

Comments should be submitted in writing on or before Friday, September 11, 2009 to Kelvin Moore of the Texas Council on Purchasing from People with Disabilities, 111 E. 17th Street, Austin, Texas 78711.

For all other questions or comments, contact the Texas Council on Purchasing from People with Disabilities at (512) 436-3244. In addition, hearing and speech-impaired individuals with text telephones (TTY) may also contact the Council on Purchasing from People with Disabilities at (800) 531-5441.

TRD-200902626

David Duncan

Deputy General Counsel

Texas Council on Purchasing from People with Disabilities

Filed: June 26, 2009

In accordance with Government Code, Chapter 2254, Subchapter B, the Texas Department of Transportation (department) publishes this notice of a consultant contract award for providing the department services for a Management and Organizational Review. The request for proposal was published in the April 10, 2009, issue of the Texas Register (34 TexReg 2418).

The consultant will review, analyze, and propose recommendations to the Texas Transportation Commission relative to the management and organizational structure of administration, divisions, districts, offices, and regions of the department. The consultant will propose and document alternative solutions for an independent analysis of the department to optimize performance, improve transparency and accountability, promote the effective and efficient use of resources, and assist in the identification of future resources needed to meet the goals of the department.

The selected consultant for these services is Grant Thornton, LLP, 112 East Pecan Street, Suite 2800, San Antonio, Texas 78205. The total value of the contract is $1,497,210.05. The contract work period started on June 25, 2009, and will continue until December 31, 2009. The final report is to be submitted on or before December 31, 2009.

TRD-200902694

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 30, 2009

The Texas Department of Transportation (department) is soliciting comments for potential revisions to department rules including, but not limited to, 43 Texas Administrative Code Chapter 15, Subchapter A, concerning Transportation Planning.

Prior to the 81st Legislature, Regular Session, 2009, the Sunset Advisory Commission made several recommendations for legislation that would require the department to redevelop and regularly update the statewide transportation plan to establish a transparent, well-defined, and understandable system of project programming. The recommendations of the Sunset Advisory Commission report were incorporated into the transportation planning article of the department's sunset bill. Although the sunset bill was not enacted, the concepts expressed in the Conference Committee Report for House Bill 300 provide a basis for revisions to the department's existing transportation planning and project development program.

The development of planning guidelines, selection of projects, establishment of program funding categories, and creation of formulas for the allocation of transportation funds are of the utmost importance to the entire state and the department desires that its partners in transportation, as well as the general public, participate in those processes. The information gathered from the comments will be used to assist the department in developing proposed rules to establish a comprehensive transportation planning and project development program that includes the following:

1. a long-range plan which will provide: (i) specific, long term transportation goals for the state and measurable targets for each goal; (ii) identification of priority corridors, projects, or areas of the state that are of particular concern; and (iii) a participation plan for obtaining input on the goals and priorities from other entities and the general public;

2. a mid-range planning program covering approximately 10 years for which the Texas Transportation Commission (commission): (i) specifies criteria for selection of projects; (ii) defines program funding categories; and (iii) defines each phase of a major transportation project, including planning, design, and construction;

3. a short-range work plan covering approximately 4 years that contains project schedules with funding for each phase, a right of way acquisition plan, letting plan, and summary of progress;

4. consistent planning and programming requirements for metropolitan planning organizations;

5. criteria for selection by the department and each metropolitan planning organization of projects to be included in the statewide transportation plan, based on the commission's transportation goals and measurable targets for each goal;

6. criteria for designating a project as a statewide connectivity project with benchmarks for evaluating the progress of a statewide connectivity project and time lines for implementation;

7. an extended cash flow forecast that includes near-term, mid-term, and long-term periods for each method and category of funding;

8. funding formulas for all types of transportation projects;

9. formulas for the allocation of funds to each metropolitan planning organization that take into consideration performance measures and include several criteria, such as lane miles, level of congestion, percentage of population below federal poverty level, census population, safety, total vehicle miles traveled, and truck vehicle miles traveled;

10. a procedure that allows the department and metropolitan planning organizations to move projects forward or delay projects if more or less funds than expected are available; and

11. regular reporting requirements that are clear and understandable.

The department is seeking both general ideas and specific language suggestions. Comments on specific text changes should include the appropriate citations to sections, subsections, paragraphs, etc. of existing rules for proper reference. A current version of 43 Texas Administrative Code, Chapter 15, Subchapter A, concerning Transportation Planning, is available online at:

http://info.sos.state.tx.us/pls/pub/readtac$ext.ViewTAC?tac_view=5&ti=43&pt=1&ch=15&sch=A&rl=Y

The department will accept only written comments and they should be addressed to Bob Jackson, General Counsel, 125 East 11th Street, Austin, Texas 78701, or via e-mail to rcarter@dot.state.tx.us. The deadline for receipt of comments is 5:00 p.m. August 10, 2009. The department will not respond individually to comments received pursuant to this notice. When proposed rules have been drafted and prior to any formal action by the commission, the department will publish another notice containing a copy of the draft rules and request for comments.

TRD-200902722

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: July 1, 2009

The Texas Department of Transportation (department) will hold a public hearing on Wednesday, July 29, 2009 at 10:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the July Out of Cycle 2009 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).

Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

In accordance with 43 TAC §15.8(d), a copy of the proposed July Out of Cycle 2009 Revisions to the FY 2008-2011 STIP will be available for review at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:

www.txdot.gov

Persons wishing to review the July Out of Cycle 2009 Revisions to the FY 2008-2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Tuesday, July 28, 2009, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-9957. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.

Further information on the FY 2008-2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, August 24, 2009 at 4:00 p.m.

TRD-200902693

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: June 30, 2009