In Addition

In Addition

Office of the Attorney General

Texas Health and Safety and Texas Water Code Settlement Notice

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

Case Title and Court: Harris County, Texas and the State of Texas by and through the Texas Commission on Environmental Quality v. KMCO, Inc., Cause No. 2008-16597; in the 215th Judicial District Court, Harris County, Texas.

Nature of Defendant's Operations: Defendant owns and operates an industrial chemical distillation and manufacturing facility in Crosby, Texas. Defendant's operations discharged wastewater exceeding its permit levels for ammonia and other constituents. Defendant also released noxious odors in such concentration as to impact surrounding residents.

Proposed Agreed Judgment: The Agreed Final Judgment orders the Defendant to pay a cash penalty and fund a supplemental environmental project, totaling $175,000. Defendant agrees to pay each Plaintiff $50,000 in cash penalty, with the remaining $75,000 deferred upon completion of the supplemental environmental project. Defendant will pay the State $17,500 in attorneys fees plus all court costs.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed settlement, should be directed to Anthony W. Benedict, Assistant Attorney General, Environmental Protection and Administrative Law Division, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0911. Written comments must be received within 30 days of publication of this notice to be considered.

For information regarding this publication, contact Zindia Thomas, Agency Liaison, at (512) 936-9901.

TRD-200902292

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: June 8, 2009

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of May 29, 2009, through June 4, 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 June 10, 2009. The public comment period for this project will close at 5:00 p.m. on July 10, 2009.

FEDERAL AGENCY ACTIONS:

Applicant: Orange County Navigation and Port District ; Location: The project site is located along the Sabine River (Mile Marker 27), at 2599 South Childers Drive, in Orange County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Orange, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 430897; Northing: 3326600. Project Description: The applicant proposes to construct a marine terminal. The construction associated with the proposed terminal will consist of three 60- by 12-foot access ramps each with a 20- by 30-foot pile supported metal dock, and one 295- by 32-foot access ramp with two 20-by 30-foot pile supported metal docks. Each access ramp will be lined with a sheet pile bulkhead. The construction associated with the access ramps will require the placement of fill material into 0.21 acre of open water. CCC Project No.: 09-0170-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-01024 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: Bluewater Investments; Location: The project is located a 55-acre tract of land adjacent to the Gulf Intracoastal Waterway (GIWW), near Matagorda, in Matagorda County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Matagorda, Texas. Approximate UTM Coordinates in 83 (meters): Zone 15; Easting: 217423; Northing: 3180104. Project Description: The applicant proposes construct a 150-lot residential subdivision with inland canals and related infrastructure. Construction activities include: inland and open water mechanical excavation, removal of existing bulkhead, installation of new bulkhead, fill and excavation of jurisdictional wetlands, and freshwater and estuarine wetland creation. A community walkover in a nature preserve area, 3 outfalls, and 12 piers with boathouses are also proposed. Approximately 9.62 acres of inland canals will be excavated with a total of approximately 92,626 cubic yards of material to be removed. The material will be used to raise the elevation of the project site. Further excavation of an existing barge canal is proposed with 11,551 cubic yards of material to be removed. CCC Project No.: 09-0174-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01668 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: SandRidge Offshore, LLC; Location: The project is located in Galveston Bay, approximately 16 miles northeast of Texas City, in Chambers County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Umbrella Point, Texas. Approximate Coordinates in NAD 83: Lat: 29.6278, Long: -94.8357. Project Description: The applicant proposes to relocate and install two concrete barges, one being relocated from an existing location in Umbrella Point field, and the second brought from Sabine Lake. For each location, silt will be removed and filled with 673 cubic yards of limestone to secure a pad for each barge. CCC Project No.: 09-0177-F1. Type of Application: U.S.A.C.E. permit application #SWG-2001-01919 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-200902322

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: June 10, 2009

Comptroller of Public Accounts

Notice of Contract Amendment

The Comptroller of Public Accounts (Comptroller) announces the amendment of the following contract award:

The notice of request for proposals was published in the April 2, 2004, issue of the Texas Register (29 TexReg 3515) (RFP #167k). The Notice of Award was published in the September 17, 2004, issue of the Texas Register (29 TexReg 9030).

The contractor provides investment management services to the Comptroller and the Texas Prepaid Higher Education Tuition Board.

The contract was awarded to Brandywine Global Investment Management LLC (formerly known as Brandywine Asset Management, LLC), 2929 Arch Street, Suite 800, Philadelphia, PA 19104. The total amount of the contract is based on a percentage of assets under management. The original term of the contract was August 22, 2004 through August 31, 2009. The amendment extends the term of the contract through August 31, 2010.

TRD-200902294

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 9, 2009

Notice of Contract Amendment

The Comptroller of Public Accounts (Comptroller) announces the amendment of the following contract award:

The notice of request for proposals was published in the April 2, 2004, issue of the Texas Register (29 TexReg 3515) (RFP #167L). The Notice of Award was published in the July 30, 2004, issue of the Texas Register (29 TexReg 7517).

The contractor provides investment management services to the Comptroller and the Texas Prepaid Higher Education Tuition Board.

The contract was awarded to Fountain Capital Management LLC, 10801 Mastin Blvd., Suite 220, Overland Park, Kansas 66201. The total amount of the contract is based on a percentage of assets under management. The original term of the contract was July 12, 2004 through August 31, 2009. The amendment extends the term of the contract through August 31, 2010.

TRD-200902295

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 9, 2009

Notice of Contract Amendment

The Comptroller of Public Accounts (Comptroller) announces the amendment of the following contract award:

The notice of request for proposals was published in the May 6, 2005, issue of the Texas Register (30 TexReg 2784) (RFP #172e). The Notice of Award was published in the March 17, 2006, issue of the Texas Register (31 TexReg 2291).

The contractor provides institutional commission recapture brokerage services to the Comptroller and the Texas Prepaid Higher Education Tuition Board (Board).

The contract was awarded to Abel Noser Corporation, One Battery Park Plaza, Sixth Floor, New York, New York 10004. The total amount of the contract is based on a percentage of commissions generated, recaptured, and reimbursed back to the Comptroller and the Board. The original term of the contract was January 26, 2006 through December 31, 2009. The amendment extends the term of the contract through August 31, 2010.

TRD-200902296

William Clay Harris

Assistant General Counsel, Contracts

Comptroller of Public Accounts

Filed: June 9, 2009

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003, 303.005, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/15/09 - 06/21/09 is 18% for Consumer¹ /Agricultural/Commercial² credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/15/09 - 06/21/09 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200902289

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: June 8, 2009

Texas Council for Developmental Disabilities

Requests for Ideas: Developing Meaningful Relationships Project

The Texas Council for Developmental Disabilities (TCDD) is established by and funded under state and federal law and is responsible to promote the development of supports and services necessary for individuals with developmental disabilities to be fully included in their communities. The TCDD is responsible for developing a State Plan and approving grant projects to carry out objectives in the State Plan.

The TCDD announces a Request for Ideas (RFI) to obtain suggestions for future grants, projects, or activities that will support individuals with developmental disabilities to develop meaningful, healthy, personal relationships with other people.

An RFI is a process to solicit creative ideas for possible future projects. This method of gathering information is a tool to explore innovative ways to address identified needs of people with developmental disabilities for consideration by TCDD. An RFI is not a solicitation for proposals with funding attached. It is a request for ideas and suggestions only. Ideas must be innovative and respond to an identified barrier or issue pertinent to the lives of individuals with developmental disabilities living in Texas.

Ideas submitted under this RFI must describe a specific project that addresses an identified need. All submitted project ideas must respect and promote self-determination and individual choice in the lives of people with disabilities. TCDD will not consider or incorporate in potential future RFPs or activities Project Ideas that propose using funding for ongoing, administrative, or operational expenses of existing programs.

Ideas meeting the specified criteria will be reviewed by TCDD. TCDD may approve issuing a Request for Proposals (RFP) for a project or project(s) similar to ideas submitted from one or a number of submittals under this RFI. If released as an RFP, organizations that submitted ideas and other interested parties are eligible to submit a complete proposal to TCDD for funding. Responding to an RFI is a way to propose a project idea that may be considered for future funding, but is not a way to quickly fund a project.

For questions about this Request for Ideas, contact Joanna Cordry, Planning Coordinator, at (512) 437-5410 (voice) or e-mail Joanna.Cordry@tcdd.state.tx.us.

To obtain the complete RFI packet, download material directly from the TCDD Web site at www.txddc.state.tx.us or request a copy in writing by U.S. mail, fax, or e-mail from Barbara Booker at the Texas Council for Developmental Disabilities, 6201 E. Oltorf Street, Suite 600, Austin, Texas 78741-7509; fax number (512) 437-5434; e-mail address Barbara.Booker@tcdd.state.tx.us. Packets must be requested in writing unless downloaded from the Internet.

Background:

TCDD seeks ideas for a project that would support individuals in forming the kinds of relationships that they desire. Proposals may address the development of one or many different types of close, meaningful relationships, including friendships, dating relationships, marriages, and/or relationships with providers. Proposals should not be for social skills training alone and should not be primarily for abuse-neglect prevention.

Proposal Components and Terms:

Specific proposal components and terms may be found in the RFI Application Packet.

Eligibility:

Individuals and organizations may submit ideas under this RFI.

Deadlines and Submission Process:

One electronic copy must be submitted. Electronic copies should be provided on a CD in Word format or submitted electronically to Barbara.Booker@tcdd.state.tx.us.

An additional hard copy may be submitted. Hard copies may be delivered by hand or mailed to TCDD's physical office at 6201 East Oltorf, Suite 600, Austin, Texas 78741-7509. Responses should be directed to the attention of Barbara Booker.

All responses must be received by TCDD not later than 4:00 p.m., Central Daylight Time, Friday, August 14, 2009.

Responses may not be accepted after the due date.

TRD-200902231

Roger Webb

Executive Director

Texas Council for Developmental Disabilities

Filed: June 4, 2009

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 20, 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 July 20, 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: Brian Kwon dba 7 Station; DOCKET NUMBER: 2009-0378-PST-E; IDENTIFIER: RN100881564; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.7(d)(3), by failing to notify the agency of any change or additional information regarding underground storage tanks (USTs); 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; 30 TAC §115.244(1) and (3) and Texas Health and Safety Code (THSC), §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee received in-house Stage II vapor recovery training; 30 TAC §115.246(1) and (3) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review upon request by agency personnel; 30 TAC §115.242(3)(K) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition as specified by the manufacturer and/or any applicable California Air Resource Board Executive Order, and free of defects that would impair the effectiveness of the system; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $11,178; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(2) COMPANY: 1404 Blaketree, L.P.; DOCKET NUMBER: 2009-0457-PWS-E; IDENTIFIER: RN105362487; LOCATION: Montgomery County; TYPE OF FACILITY: golf club with public water supply (PWS); RULE VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to collect routine coliform samples; PENALTY: $4,578; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(3) COMPANY: Bell County Water Control & Improvement District Number 2; DOCKET NUMBER: 2009-0554-MWD-E; IDENTIFIER: RN101610491; LOCATION: Bell County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1) and (5), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011090001, Permit Conditions Number 2.d. and Operational Requirements Number 1, and the Code, §26.121(a), by failing to prevent the unauthorized discharge of sludge and floating solids; PENALTY: $2,750; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(4) COMPANY: City of Bogata; DOCKET NUMBER: 2009-0494-PWS-E; IDENTIFIER: RN101180263; LOCATION: Bogata, Red River County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.42(1), by failing to compile and maintain a thorough plant operations manual for operator review and reference; 30 TAC §290.43(e), by failing to enclose all potable water storage tanks with an intruder-resistant fence with lockable gates; 30 TAC §290.46(m)(6), by failing to maintain pumps, motors, valves, and other mechanical devices in good working condition; 30 TAC §290.121(a) and (b), by failing to compile and maintain on file an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection or a pressure tank capacity of 20 gallons per connection; and 30 TAC §290.46(u), by failing to plug an abandoned PWS well with cement or test the well every five years or as required by the executive director to prove that they are in a non-deteriorated condition; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(5) COMPANY: CAL-MOD ENTERPRISES, LLC dba Hempstead Truck Stop; DOCKET NUMBER: 2009-0455-PST-E; IDENTIFIER: RN101787638; LOCATION: Houston, Harris 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 §115.242(3) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; PENALTY: $6,790; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(6) COMPANY: Copperas Cove Mobile Home Community, L.L.C. dba Cedar Grove Mobile Home Park; DOCKET NUMBER: 2008-0835-PWS-E; IDENTIFIER: RN101186724; LOCATION: Copperas Cove, Coryell County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.39(m), by failing to provide written notification to the commission of the reactivation of an existing PWS system; PENALTY: $90; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Delicias Restaurant Store LLC; DOCKET NUMBER: 2009-0769-PST-E; IDENTIFIER: RN101212389; LOCATION: Encino, Brooks County; TYPE OF FACILITY: restaurant/store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A), by failing to provide release detection; 30 TAC §334.49(a)(1), by failing to provide corrosion protection; 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; and 30 TAC §334.8(c), by failing to submit initial/renewal UST registration and self-certification form; PENALTY: $7,700; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(8) COMPANY: Denny Oil Company dba North Street Texaco; DOCKET NUMBER: 2008-1276-PST-E; IDENTIFIER: RN102381845; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to assure that spill and overfill prevention equipment are maintained in good operating condition; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: Denny Transport, L.L.C.; DOCKET NUMBER: 2009-0454-PST-E; IDENTIFIER: RN102381845; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §334.48(a) and §334.51(a) and the Code, §26.121(a) and §26.3475(c)(2), by failing to prevent a spill from a UST system resulting in an unauthorized discharge of regulated substances; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(10) COMPANY: Dumas Used Cars, Inc.; DOCKET NUMBER: 2008-1549-PST-E; IDENTIFIER: RN101780740; LOCATION: Port Lavaca, Calhoun County; TYPE OF FACILITY: used car sales; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed implementation date, three USTs; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Danielle Porras, (512) 239-2602; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(11) COMPANY: Honeywell International, Inc.; DOCKET NUMBER: 2009-0264-AIR-E; IDENTIFIER: RN100217405; LOCATION: Orange, Orange County; TYPE OF FACILITY: synthetic chemical production plant; RULE VIOLATED: 30 TAC §116.110(a)(1) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or meet the conditions of a permit by rule; and 30 TAC §116.115(b)(2)(F) and §122.143(4), Permit Number 1829, General Condition Number 8, Federal Operating Permit (FOP) Number 1533, General Terms and Conditions (GTC) and Special Condition (SC) Number 13, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $24,075; Supplemental Environmental Project (SEP) offset amount of $9,630 applied to Texas Parent Teacher Association (PTA) - Texas PTA Clean School Buses; ENFORCEMENT COORDINATOR: Audra Benoit, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Indian Petro Corporation; DOCKET NUMBER: 2009-0368-MWD-E; IDENTIFIER: RN102080744; LOCATION: San Jacinto County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014035001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to maintain compliance with the permit effluent limits for ammonia nitrogen; PENALTY: $4,640; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(13) COMPANY: Joe Thurman Lodge & Livery, Inc.; DOCKET NUMBER: 2009-0159-PWS-E; IDENTIFIER: RN101380269; LOCATION: Goldthwaite, Mills County; TYPE OF FACILITY: PWS; RULE VIOLATED: 30 TAC §290.46(f)(3)(E)(i) and (n)(3), by failing to maintain and make available to the commission upon request an accurate and up-to-date record of water works operation and maintenance activities; 30 TAC §290.42(1), by failing to compile and maintain a complete and up-to-date operations manual; 30 TAC §290.43(c)(1), by failing to provide a 16-mesh or finer corrosion resistant screen for the roof vent on the ground storage tank; 30 TAC §290.43(c)(2), by failing to ensure that the roof access opening on the ground storage tank remains locked except during inspection and maintenance activities; 30 TAC §290.43(c)(3), by failing to provide the overflow on the ground storage tank with a gravity-hinged and weighted cover that fits tightly with no gap over 1/16-inch; 30 TAC §290.45(c)(1)(B)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps with a total capacity of one gallon per minute per unit; 30 TAC §290.46(n)(2), by failing to provide an accurate and up-to-date map of the distribution system so that valves and mains can be easily located during emergencies; 30 TAC §290.43(e), by failing to ensure all potable water storage tanks and pressure maintenance facilities are installed in lockable buildings; 30 TAC §290.46(m)(1)(A), by failing to conduct an annual inspection of the facility's ground storage tank; 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the facility's three pressure tanks; and 30 TAC §290.46(h), by failing to keep a supply of calcium hypochlorite disinfectant on hand for use when making repairs, setting meters, and disinfecting new mains prior to placing them in service; PENALTY: $2,427; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: KORI SERVICES, LIMITED dba Lakeway Valero; DOCKET NUMBER: 2009-0231-PST-E; IDENTIFIER: RN101491678; LOCATION: Lakeway, Travis County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; 30 TAC §115.222(3) and THSC, §382.085(b), by failing to comply with control requirements for emission limitation anywhere in the liquid transfer or vapor balance system; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $21,759; ENFORCEMENT COORDINATOR: Mike Pace, (817) 588-5800; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(15) COMPANY: LANXESS Corporation; DOCKET NUMBER: 2009-0172-AIR-E; IDENTIFIER: RN100825363; LOCATION: Orange, Orange County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-2282, GTC and SC Number 11, Air Permit Number 22508 and PSD-TX-874, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O-2282, SC Number 2.F., and THSC, §382.085(b), by failing to report incident number 111300 within 24 hours after discovery; PENALTY: $4,524; SEP offset amount of $1,810 applied to Ducks Unlimited, Inc. - Reforestation and Enhancement of Tony Houseman State Park & Wildlife Management Area at Blue Elbow Swamp; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(16) COMPANY: Loop 12 Investment Corporation dba R Bar R Food Mart; DOCKET NUMBER: 2009-0229-PST-E; IDENTIFIER: RN104208939; LOCATION: Quinlan, Hunt County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that the UST is monitored in a manner which will detect a release; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the UST; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detector once per year for performance and operational reliability; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition and that such devices are inspected and serviced in accordance with manufacturers' specifications; and 30 TAC §334.45(c)(3)(A), by failing to install an emergency shutoff valve on each pressurized delivery or product line and ensure that it is securely anchored at the base of the dispenser; PENALTY: $10,097; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(17) COMPANY: TENET HOSPITALS LIMITED dba Providence Memorial Hospital; DOCKET NUMBER: 2009-0916-PST-E; IDENTIFIER: RN100223858; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: hospital with backup diesel-powered electric generators; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; 30 TAC §334.72 and §334.76, by failing to report a release within 24 hours of discovery; and 30 TAC §334.75(a), by failing to immediately clean up a spill or overfill of a petroleum substance from a UST system and begin corrective action; PENALTY: $4,230; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(18) COMPANY: Linda Key Torres; DOCKET NUMBER: 2009-0417-MSW-E; IDENTIFIER: RN105606453; LOCATION: Burleson, Johnson County; TYPE OF FACILITY: property; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $1,120; ENFORCEMENT COORDINATOR: Keith Frank, (512) 239-1203; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(19) COMPANY: Town of Buckholts; DOCKET NUMBER: 2009-0534-MWD-E; IDENTIFIER: RN103014809; LOCATION: Milam County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(a), TPDES Permit Number WQ0011875001, Effluent Limitations and Monitoring Requirements Number 2, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for chlorine residual; PENALTY: $3,840; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(20) COMPANY: Viridis Energy (Texas), LP; DOCKET NUMBER: 2009-0298-AIR-E; IDENTIFIER: RN102495421 and RN102663085; LOCATION: Humble and Baytown; Harris and Chambers Counties; TYPE OF FACILITY: landfill gas to electric generation plants; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O-02565, GTC, and THSC, §382.085(b), by failing to submit a deviation report; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

TRD-200902293

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 9, 2009

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is July 20, 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 July 20, 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: David Fenoglio dba Sunset Water System; DOCKET NUMBER: 2007-1711-PWS-E; TCEQ ID NUMBER: RN102693579; LOCATION: Corner of West Front Street and Cottage Grove Avenue, near Railroad Tracks, 11243 Highway 59N, Montague, Montague County; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.46(f)(2) and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 3.e., by failing to keep on file and make available for commission review records of annual tank inspections; 30 TAC §290.46(n)(3) and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 3.f., by failing to keep on file and make available for commission review, copies of well completion data records; 30 TAC §290.45(b)(1)(C)(ii) and TCEQ Order Docket Number 2003-0038-PWS-E, Ordering Provision 5.b., and Texas Health and Safety Code, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.43(c)(2), by failing to provide 30-inch access openings on the three ground storage tanks; 30 TAC §290.46(m)(1)(B), by failing to inspect the interior of the pressure tanks that are provided with an inspection port at least once every five years; 30 TAC §290.42(1), by failing to maintain a thorough and up-to-date plant operations manual for operator review and reference; 30 TAC §290.46(u) and TCEQ Docket Number 2003-0038-PWS-E, Ordering Provision 5.c., by failing to plug Well Number 2 and Number 3 or to submit test results proving that the wells are in a non-deteriorated condition; PENALTY: $10,210; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(2) COMPANY: MBE, Inc. dba Bryan's 2; DOCKET NUMBER: 2003-1144-PST-E; TCEQ ID NUMBER: RN102375557; LOCATION: 901 East Main, San Augustine, San Augustine County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct inventory control for all underground storage tanks involved in the retail sale of petroleum substances used as motor fuel; PENALTY: $5,100; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Valero Refining - Texas, L.P.; DOCKET NUMBER: 2007-1813-MLM-E; TCEQ ID NUMBER: RN100211663 and RN100238385; LOCATION: 1300 Cantwell Lane, Corpus Christi, Nueces County (Plant 1) and 1301 Loop 197 South, Texas City, Galveston County (Plant 2); TYPE OF FACILITY: oil refinery; RULES VIOLATED: 30 TAC §335.4 and §335.43(a) and TWC, §26.121(a), by failing at Plant 1 to prevent the unauthorized discharge and accumulation of untreated hazardous wastewater on the ground; 30 TAC §335.69(a)(1)(B), by failing at Plant 1 to comply with hazardous waste tank requirements including, but not limited to, the structural integrity of the tank, compatibility with the waste(s) being stored, and corrosion protection; 30 TAC §101.20(3) and §116.715(a), Texas Health and Safety Code, §382.085(b), and Air Permit Numbers PSD-TX-1023M1 and 2937, Special Condition 18, by failing at Plant 1 to maintain compliance with the emission limits; 30 TAC §101.222, by failing at Plant 2 to prevent unauthorized emissions during a December 11, 2006, emissions event in the Toppers Unit, Number 3 Crude Unit, fluidized catalytic cracking unit (FCCU), Alkylation Unit and the Numbers 1, 2, 3, and 4 Flare Stacks over a period of 33 hours and 30 minutes, 18,329 pounds (lbs) of sulfur dioxide, 11,798 lbs of volatile organic compounds, and 6,229.90 lbs of carbon monoxide; and 30 TAC §101.222, by failing at Plant 2 to prevent unauthorized emissions during a January 19, 2007, emissions event in the FCCU; 30 TAC §101.222, by failing to prevent unauthorized emissions during a March 4, 2007, emissions event in the Sats Gas Unit; PENALTY: $108,900; Supplemental Environmental Project offset amount of $54,450 applied to Keep Texas Beautify Texas Waterways Cleanup Program; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

TRD-200902297

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: June 9, 2009

Notice of Water Quality Applications

The following notices were issued during the period of June 2, 2009 through June 4, 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

BTB REFINING INC which operates a petroleum refinery, has applied for a renewal of TPDES Permit No. WQ0002720000, which authorizes a discharge of treated process wastewater, treated storm water, water softener blowdown, cooling tower blowdown, boiler blowdown, and hydrostatic test water at a daily average flow not to exceed 120,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 6600 Up River Road, on the north side of Up River Road approximately one-half mile west of the intersection of Up River Road and Valero Way, northwest of the City of Corpus Christi, Nueces County, Texas.

COLORADO RIVER MUNICIPAL WATER DISTRICT which proposes to operate Colorado River MWD Big Spring Water Reclamation Plant, a water reclamation facility, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004872000, to authorize the discharge of reverse osmosis concentrate at a daily average flow not to exceed 525,000 gallons per day via Outfall 001. The facility is located west of the Big Spring Wastewater Treatment Plant on the north side of Eleventh Place, approximately 800 feet east of the intersection of Farm-to-Market Road 700 and Eleventh Place, and approximately 0.6 mile south of the intersection of Farm-to-Market Road 700 and Interstate Highway 20 in the city of Big Spring, Howard County, Texas.

CITY OF OLNEY has applied for a renewal of TPDES Permit No. WQ0010050001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 790,000 gallons per day. The facility is located approximately 0.25 mile east of the state highway 79 and 1.0 mile south of US 380 in Young County, Texas.

THE CITY OF MUNDAY has applied for a renewal of TPDES Permit No. WQ0010228002, 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 immediately south of Farm-to-Market Road 1587 approximately 2.3 miles northwest of the intersection of Farm-to-Market 1587 and Farm-to-Market Road 266 in Knox County, Texas.

TWINWOOD INC has applied for a renewal of TPDES Permit No. WQ0013089001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility will be located between Guyler Road and Brundrett Road, approximately 1.5 miles southwest of the City Simonton and the intersection of Farm-to-Market Roads 1093 and 1489 in Fort Bend County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TCEQ Permit No. WQ0014676001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 10,050 gallons per day via surface irrigation of 3.63 acres of non-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 within the Lake Brownwood State Park, 1.42 miles east of the intersection of park Road 15 and Farm-to-Market Road 2559 in Brown County, Texas. The wastewater treatment facility and disposal site are located in the drainage basin of Lake Brownwood in Segment No. 1418 of the Colorado River Basin.

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-200902316

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: June 10, 2009

Texas Facilities Commission

Request for Proposals #303-9-11838

The Texas Facilities Commission (TFC), on behalf of the Texas Parks and Wildlife Department (TPWD), announces the issuance of Request for Proposals (RFP) #303-9-11838. TFC seeks a five (5) year lease of approximately 866 square feet of office space in Pleasanton, Atascosa, Texas.

The deadline for questions is June 26, 2009, and the deadline for proposals is July 7, 2009, at 3:00 p.m. The award date is August 19, 2009. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of an RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=83045.

TRD-200902320

Kay Molina

General Counsel

Texas Facilities Commission

Filed: June 10, 2009

Texas Health and Human Services Commission

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 15, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment rate for Early and Periodic Screening, Diagnosis, and Treatment (EPSDT) Personal Care Services (PCS) for Type of Service (TOS) 1. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for PCS in the EPSDT services program are proposed to be effective September 1, 2009.

Methodology and Justification. The proposed payment rates were calculated in accordance with 1 TAC §355.8441(12)(B), which addresses the reimbursement methodologies for PCS under the EPSDT services program.

Briefing Package. A briefing package describing the proposed payment rates will be available on or after June 30, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Rate Analysis by telephone at (512) 491-1445; by fax at (512) 491-1983; 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 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Rate Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Rate Analysis at (512) 491-1983; 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 HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

Persons with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Rate Analysis at (512) 491-1445 at least 72 hours in advance, so appropriate arrangements can be made.

TRD-200902220

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 4, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 15, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Ambulance Services associated with the 81st Legislative Session. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and 1 Texas Administrative Code (TAC) §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for Ambulance Services are proposed to be effective September 1, 2009.

Methodology and Justification. The proposed payment rates were calculated in accordance with 1 TAC §355.8600, which addresses the reimbursement methodology for Ambulance Services.

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 Rate Analysis, HHSC, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Rate Analysis at (512) 491-1983; 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 HHSC Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200902221

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 4, 2009

Notice of Public Hearing on Proposed Medicaid Payment Rates

Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public hearing on July 15, 2009, at 1:30 p.m., to receive comment on proposed Medicaid payment rates for Certified Nurse Midwife (CNM) services in a birthing center for types of service (TOS) 1 and 2. The public hearing will be held in the Lone Star Conference Room of HHSC, Braker Center, Building H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through Security at the main entrance of the building, which faces Metric Boulevard. The hearing will be held in compliance with Human Resources Code §32.0282 and Texas Administrative Code (TAC) Title 1, §355.201(e) - (f), which require public notice of and hearings on proposed Medicaid reimbursements.

Proposal. The proposed payment rates for Certified Nurse Midwife services in a birthing center are proposed to be effective May 16, 2009.

Methodology and Justification. The proposed payment rates were calculated in accordance with 1 TAC §355.8085, which addresses the reimbursement methodology for physician and certain other practitioners.

TRD-200902222

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 4, 2009

Public Notice

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:

Ambulance Services Texas Health Steps (THSteps) Personal Care Services (PCS)

The proposed amendments are estimated to result in an additional annual aggregate expenditure of $1,134,539 for federal fiscal year (FFY) 2009, with approximately $780,109 in federal funds and $354,430 in State General Revenue (GR). For FFY 2010, the estimated additional aggregate expenditure is $14,176,071, with approximately $9,901,985 in federal funds and $4,274,086 in GR. For FFY 2011, the estimated additional aggregate expenditure is $15,338,814, with approximately $9,460,980 in federal funds and $5,877,834 in GR.

Interested parties may obtain copies of the proposed amendment 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-200902234

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 4, 2009

Public Notice

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

Tuberculosis (TB) Clinic Services

The proposed amendment is estimated to result in an annual aggregate expenditure of $52,982 for the remainder of federal fiscal year (FFY) 2009, with approximately $36,430 in federal funds and $16,552 in state funds. For FFY 2010, the estimated additional aggregate expenditure is $213,650, with approximately $149,234 in federal funds and $64,416 in state funds. For FFY 2011, the estimated additional aggregate expenditure is $229,331, with approximately $141,451 in federal funds and $87,880 in state funds.

Interested parties may obtain copies of the proposed amendment by contacting Chris Dockal, 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) 491-1467; by facsimile at (512) 491-1998; or by e-mail at chris.dockal@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-200902318

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: June 10, 2009

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200902265

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: June 5, 2009

Texas Department of Insurance

Company Licensing

Application to change the name of STATE AND COUNTY MUTUAL FIRE INSURANCE COMPANY to HALLMARK COUNTY MUTUAL INSURANCE COMPANY, a domestic fire and casualty company. The home office is in Waco, Texas.

Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.

TRD-200902317

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: June 10, 2009

Panhandle Regional Planning Commission

Request for Proposals

The Panhandle Regional Planning Commission (PRPC) is seeking proposals for a leased facility to house the Workforce Solutions Panhandle office in Pampa, Texas. The space should offer approximately 2,500 to 4,000 square feet of contiguous space that can be appropriately configured for business/professional use. The office is currently located at 1327 N. Hobart.

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 July 6, 2009.

TRD-200902275

Leslie Hardin

WFD Facilities, Training and Support Coordinator

Panhandle Regional Planning Commission

Filed: June 8, 2009

Public Utility Commission of Texas

Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on June 3, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Etan Industries, Inc. d/b/a CMA Communications for an Amendment to its StateIssued Certificate of Franchise Authority, Project Number 37074 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include the city limits of Hempstead.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 37074.

TRD-200902301

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2009

Announcement of Application for Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on June 4, 2009, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Northland Cable Ventures LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 37078 before the Public Utility Commission of Texas.

The requested amendment is to expand the service area footprint to include the city limits of Chandler, Texas.

TRD-200902303

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2009

Announcement of Application for State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on June 3, 2009, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Brazos Cable TV for a State-Issued Certificate of Franchise Authority, Project Number 37076 before the Public Utility Commission of Texas.

The requested CFA service area includes the area within a boundary extending 600 feet beyond the city limits of Olney, Texas.

TRD-200902302

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2009

Notice of Application for Amendment to Designation as an Eligible Telecommunications Carrier and Request for Designation as an Eligible Telecommunications Providers

Notice is given to the public of an application filed with the Public Utility Commission of Texas (commission) on June 8, 2009, for an amendment to its designation as an eligible telecommunications carrier (ETC) and request for designation as an eligible telecommunications provider (ETP) pursuant to P.U.C. Substantive Rule §26.418 and §26.417, respectively.

Docket Title and Number: Application of USFon, Inc. for Amendment to its Designation as an Eligible Telecommunications Carrier and Request for Designation as an Eligible Telecommunications Provider; Docket Number 37090.

The Application: The company is requesting an amendment of its ETC designation to cover all areas where Southwestern Bell Telephone Company d//b/a AT&T Texas (AT&T Texas) has coverage in order to receive support from the Federal Universal Service Fund, and ETP designation in all areas where AT&T Texas has coverage in order to receive support from the Texas Universal Service Fund. Pursuant to 47 U.S.C. §214(e) and P.U.C. Substantive Rule §26.417, the commission, either upon its own motion or upon request, shall designate qualifying common carriers as ETCs and ETPs for service areas set forth by the commission.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by July 9, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 37090.

TRD-200902304

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 9, 2009

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On June 1, 2009, NextG Networks of Illinois, Inc. d/b/a NextG Networks Central filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60717. Applicant intends to reflect a change in ownership/control.

The Application: Application of NextG Networks of Illinois, Inc. d/b/a NextG Networks Central for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 37063.

Persons wishing to 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 no later than June 24, 2009. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 37063.

TRD-200902233

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 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 (commission) of an application on June 1, 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 OSN CLEC for a Service Provider Certificate of Operating Authority, Docket Number 37064 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, wireless and Ethernet services.

Applicant's requested SPCOA geographic area includes the area of Texas currently served by Southwestern Bell Telephone Company d/b/a AT&T Texas, Verizon Southwest, and Embarq.

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 June 24, 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 37064.

TRD-200902232

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 4, 2009

Notice of Application to Amend Certificated Service Area Boundaries

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application filed on June 1, 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 (Texas Meats). Docket Number 37068.

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 Olga Cruz, owner of Texas Meats, requesting BPUB to provide electric utility service to her business. The estimated cost to BPUB to provide service to this proposed area is $6,396.00. The area is presently developed and distribution facilities will not need to be constructed in order to provide service. 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 June 26, 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 37068.

TRD-200902219

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 3, 2009

Public Notice of Workshop on the Storm Hardening Benchmark Studies and Request for Comments

The staff of the Public Utility Commission of Texas (commission) will hold a workshop regarding the Storm Hardening Benchmark Studies on Wednesday, July 8, 2009 at 9:00 a.m. in the Commissioner's Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 36375, Cost Benefit Analysis of the Deployment of Utility Infrastructure Upgrades and Storm Hardening Programs, has been established for this proceeding. Please refer to the Hazard Trees Benchmark Survey and Best Practices Preliminary Draft Report, currently filed under Project Number 36375, and Targeted Storm Hardening Report Benchmark Survey and Best Practices Preliminary Draft Report, which will be filed under Project Number 36375 no later than Friday, June 26, 2009. Interested parties may file written comments on these reports under Project Number 36375 by Wednesday, July 1, 2009.

Ten days prior to the workshop the commission shall make available in Central Records under Project Number 36375 an agenda for the format of the workshop.

Questions concerning the workshop or this notice should be referred to Regina Chapline, Infrastructure Policy Analyst, Infrastructure and Reliability Division at (512) 936-7392, or regina.chapline@puc.state.tx.us. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200902325

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: June 10, 2009

Texas Department of Transportation

Port Authority Advisory Committee

This is an open meeting and was posted to the Open Meetings site on June 9, 2009:

PORT AUTHORITY ADVISORY COMMITTEE

Monday, June 29, 2009, 10:00 a.m.

150 East Riverside Drive, Room 1B.1

Austin, Texas

AGENDA

1. Convene

2. Introduction of committee members and Texas Department of Transportation staff

3. Approval of minutes from the October 24, 2008 meeting (action item)

4. Discussion and development of recommendations related to the Texas Ports 2010/2011 Capital Program (action item)

5. Discussion of Texas Department of Transportation's Ports and Waterway Conference to be held September 2 - 4, 2009

6. Discussion and development of recommendations related to the American Recovery and Reinvestment Act of 2009 TIGER discretionary grant funds (action item)

7. Discussion of Texas Department of Transportation's waterborne freight study

8. Discussion of Texas Department of Transportation's 2011 research program

9. Discussion of Gulf Intracoastal Waterway issues

10. Discussion of general matters relating to port authorities and issues for future consideration

11. Adjourn

TRD-200902305

Bob Jackson

General Counsel

Texas Department of Transportation

Filed: June 9, 2009

University of North Texas

Amendment to Notice of Invitation for Consultants to Provide Offers of Consulting Services Related to Evaluation of the Alumni Database System

Finding by President:

The President of the University of North Texas finds that the consulting services are necessary because the University of North Texas does not have the specialized experience or the staff resources available to assess and advise on the current and future database application needs, to include alternative application options, evaluation of current records management programming processes and report on the health of current alumni records and to give recommendations for improvement. The University of North Texas believes that such expert consulting services will improve efficiency and effectiveness of development staff member and allow for better data tracking and solicitation segmenting of donors providing improved donor relations.

TRD-200902324

Carrie Stoeckert

Assistant Director of PPS

University of North Texas

Filed: June 10, 2009

University of North Texas Health Science Center at Fort Worth

Notice of Invitation for Consultants to Provide Offers of Consulting Services Related to Development of a Potential New Academic Degree Program

Pursuant to the provisions of the Texas Government Code, Chapter 2254, the University of North Texas Health Science Center at Fort Worth (UNTHSC) extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to the UNTHSC. The President and Chief Executive Officer of the UNTHSC has made a finding that the consulting services are necessary. While the UNTHSC has a substantial need for the consulting services, the UNTHSC cannot adequately perform the services with its own personnel or obtain such consulting services through a contract with another state governmental entity.

The selected consulting firm will assist the UNTHSC in developing an Academic and Business Plan for improved, expanded, and secured Undergraduate and Graduate Medical Education Opportunities for UNTSHC medical students by means of a new academic degree program accredited by the LCME (Liaison Committee on Medical Education).

Any consultant submitting an offer in response to this Invitation must provide a response to the Request for Proposals. The Request for Proposals is posted on the UNTHSC website under the Bid Opportunities Page, which can be found at http://www.hsc.unt.edu/departments/purchasing/. The following information will need to be included in the response: the Execution of Offer; HUB Subcontracting Plan; Vendor Qualifications and Pricing, which includes vendor information, qualifications, history, experience, credit rating, and project pricing; proposed project workplan; project timeline that includes a detailed list of tasks and due dates; proposed staffing who will be assigned to the project; and a description of all project deliverables.

An award will be made by the process indicated in the UNTHSC Request for Proposals. The UNTHSC will: (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and (2) if other considerations are equal, give preference to a consultant firm whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The consulting services do not relate to services previously provided to UNTHSC.

The individual to be contacted with an offer to provide such consulting or to obtain a copy of the Request for Proposals for the consulting services identified in this Invitation is: Carolyn Cross, Associate Director of Purchasing, University of North Texas Health Science Center at Fort Worth, 3500 Camp Bowie Boulevard, Fort Worth, Texas 76107; or email cacross@hsc.unt.edu. Offers must be submitted in accordance with the posted Request for Proposals.

The proposal submission deadline will be: 2:00 p.m., July 3, 2009.

TRD-200902273

Carolyn Cross

Associate Director of Purchasing

University of North Texas Health Science Center at Fort Worth

Filed: June 5, 2009

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

City of Wilson, P.O. Box 22, Wilson, Texas 79381, received November 2008 for financial assistance in the amount of $1,705,000 from the Clean Water State Revolving Fund - Disadvantaged Communities Program.

City of Del Rio, 109 W. Broadway, Del Rio, Texas 78840, received April 30, 2009 for financial assistance in the amount of $10,000,000 from the Drinking Water State Revolving Fund - Disadvantaged Community Program.

McCoy Water Supply Corporation, P.O. Box 1683, Three Rivers, Texas 78701, received February 2009 for financial assistance in the amount of $2,155,000 from the Rural Water Assistance Fund.

City of Vernon, 1725 Wilbarger Street, Vernon, Texas 76384-4741, received March 12, 2009 for financial assistance in the amount of $3,175,000 from the Texas Water Development Fund.

Mountain Peak Special Utility District, 5671 Waterworks Road, Midlothian, Texas 76065, received February 13, 2009 for financial assistance in the amount of $1,500,000 from the Texas Water Development Fund.

TRD-200902321

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: June 10, 2009

Change Notice - Request for Proposals for the Analysis of Groundwater Quality Samples in Fiscal Year 2010

In the June 5, 2009, issue of the Texas Register (34 TexReg 3564), the Texas Water Development Board posted a Request for Proposals for the Analysis of Groundwater Quality Samples in Fiscal Year 2010 (TRD-200902054). The June 5, 2009 solicitation advertised a Deadline for Submission of Request for Proposals of 12:00 p.m. - June 19, 2009.

To comply with all applicable procurement rules and regulations, the Deadline for Submission will be extended beyond the original June 19, 2009 deadline. Specific details regarding the deadline extension are available at the Texas Water Development Board web site at http://www.twdb.state.tx.us/publications/requestforproposals/requestforproposals_index.asp.

Parties interested in additional information may also contact Mr. David Carter or Ms. Tina Newstrom at facsimile (512) 475-3009 or by e-mail to david.carter@twdb.state.tx.us or tina.newstrom@twdb.state.tx.us.

TRD-200902315

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: June 10, 2009

Public Hearing Notice for Drinking Water State Revolving Fund Intended Use Plan for American Recovery and Reinvestment Act of 2009

The Texas Water Development Board (TWDB or Board) will conduct a public hearing on the draft American Recovery and Reinvestment Act of 2009 (ARRA) Drinking Water State Revolving Fund (DWSRF) Intended Use Plan (IUP) to implement funding under the ARRA special DWSRF capitalization grant. The hearing will begin at 1:30 p.m. on July 10, 2009, in Room 170 of the Stephen F. Austin Building at 1700 N. Congress Avenue, Austin, Texas 78701. Public access to the Stephen F. Austin Building is located at the Congress Avenue (east) entrance of the building.

The ARRA DWSRF IUP a list of water projects in prioritized order which will be considered for funding in Fiscal Year 2010 through the DWSRF loan program. The draft ARRA DWSRF IUP has been prepared pursuant to rules adopted by the Texas Water Development Board in 31 Texas Administrative Code Chapter 371. Please note that these rules have been waived or modified by the TWDB in certain respects in order to comply with special requirements for the ARRA DWSRF capitalization grant. The ARRA DWSRF funds must be used to fund projects that are either under construction or fully committed to construction contracts no later than February 17, 2010. Accordingly, the projects are prioritized on the basis of readiness to proceed to construction before that date. ARRA also requires that 20% of the available funds are set aside for "green" projects and 50% for deep subsidization of projects which the Board has reserved for disadvantaged communities. See the TWDB website at www.twdb.state.tx.us/stimulus for descriptions of green projects. Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the draft ARRA DWSRF IUP. The Board also will receive information from applicants in addition to that previously provided in order to supplement or clarify a project's readiness to proceed, disadvantaged community status, or qualifications as a "green" project. However, the Board will not consider any changes or modifications to the scope of work for any project. In addition, persons may submit written comments to General Counsel, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711, or may file comments at rulescomments@twdb.state.tx.us. Comments and supplemental information provided outside of electronic submission at the address stated, written comments to the Board's General Counsel, or at the public hearing on July 10, 2009, will not be considered. Any comments and supplemental information received after 5:00 p.m. July 13, 2009, will not be considered. Interested persons also may review the draft ARRA of 2009 DWSRF IUP at the Board's website at: www.twdb.state.tx.us/stimulus/index.htm. Copies of the draft ARRA DWSRF IUP also may be obtained in Room 560 on the 5th floor of the Stephen F. Austin Building or may be obtained from the Texas Water Development Board, Project Finance, P.O. Box 13231, Austin, Texas 78711.

The hearing will be conducted in a manner that allows all members of the public to speak. Please note that time limits on public comments may be imposed. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print or Braille, are requested to contact Leslie Anderson at (512) 463-7855 two working days prior to the meeting so that appropriate arrangements can be made.

TRD-200902298

Kenneth L. Petersen

General Counsel

Texas Water Development Board

Filed: June 9, 2009