Department of Assistive and Rehabilitative Services

Notice of Request for Comments on IDEA Part C Funds for Early Childhood Intervention

The Texas Department of Assistive and Rehabilitative Services (DARS), Division for Early Childhood Intervention, is soliciting comments related to its annual application for federal funds for early childhood intervention services. DARS will be requesting funding under the Individuals with Disabilities Education Act, Part C for federal fiscal year 2009. The annual funding application will be submitted to the U.S. Department of Education , Office of Special Education Programs on May 18, 2009. The application can be viewed on the DARS web site at: http://www.dars.state.tx.us. The Texas Department of Assistive and Rehabilitative Services, Division for Early Childhood Intervention is providing an opportunity to comment on the application from March 6, 2009 until May 5, 2009.

To request copies of the application or to make comments concerning early childhood intervention services in Texas, please, contact:

Cynthia Henderson, M.Ed., Lead Policy Specialist, Texas Department of Assistive and Rehabilitative Services, Division of Early Childhood Intervention, 4900 North Lamar Boulevard, Austin, Texas 78751-2399, Mail Code 3029, cynthia.henderson@dars.state.tx.us

TRD-200900821

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Department of Assistive and Rehabilitative Services

Filed: February 24, 2009

Notice of Request for Proposals

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter B and Chapter 404, Subchapter H; the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #192a) from qualified, independent firms to serve as Financial Advisor to the Comptroller. The Comptroller desires to obtain the services of a Financial Advisor related to the document preparation, issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assistance in handling of disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 1, 2009.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Rm 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 6, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily after Friday, March 6, 2009, 10:00 a.m. (CZT).

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, March 20, 2009. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, 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. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Friday, March 27, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (Room 201) no later than 2:00 p.m. (CZT), on Friday, April 10, 2009. Proposals received in Room 201 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to verify and are solely responsible for verifying timely receipt of proposals in that office (Room 201).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts 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 the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - March 6, 2009, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 20, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - March 27, 2009, or as soon thereafter as practical; Proposals Due - April 10, 2009, 2:00 p.m. CZT, Contract Execution - May 1, 2009, or as soon thereafter as practical; and Commencement of Project Activities - May 1, 2009.

TRD-200900813

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 23, 2009

Pursuant to §1201.027, Texas Government Code; Chapter 2254, Subchapter A, and Chapter 404, Subchapter H; the Comptroller of Public Accounts (Comptroller) announces its Request for Proposals (RFP #192b) from qualified, independent law firms to serve as Bond Counsel to the Comptroller. The Comptroller desires to obtain the services of Bond Counsel in connection with a variety of issues related to the issuance, sale, and delivery of Tax and Revenue Anticipation Notes, including Commercial Paper Notes (Notes) as well as assisting in handling all disclosure issues relating to the Notes. The successful respondent will be expected to begin performance of the contract on or about May 1, 2009.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Rm 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 6, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily Friday, March 6, 2009, 10:00 a.m. (CZT).

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, March 20, 2009. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, 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. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Friday, March 27, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM 201) no later than 2:00 p.m. (CZT), on Friday, April 10, 2009. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM 201).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts 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 the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - March 6, 2009, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 20, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - March 27, 2009, or as soon thereafter as practical; Proposals Due - April 10, 2009, 2:00 p.m. CZT, Contract Execution - May 1, 2009, or as soon thereafter as practical; and Commencement of Project Activities - May 1, 2009.

TRD-200900814

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 23, 2009

Pursuant to §2107.003, Texas Government Code, the Comptroller of Public Accounts (Comptroller), announces its issuance of a Request for Proposals (RFP #192c) for the purpose of obtaining collection services from a qualified firm for the collection of delinquent state tax accounts that do not meet the minimum thresholds to be referred to the Texas Attorney General for collection but are required by law to be collected by the Comptroller. The successful respondent, if any, will be expected to begin performance of the contract on or before September 1, 2009.

Contact: Parties interested in submitting a proposal should contact Thomas H. Hill, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., Rm 201, Austin, Texas 78774, telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on March 6, 2009, between 10:00 a.m. and 5:00 p.m., Central Zone Time (CZT), and during normal business hours thereafter. The Comptroller will also make the RFP available electronically on the Electronic State Business Daily Friday, March 6, 2009, 10:00 a.m. (CZT).

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, March 20, 2009. Prospective respondents are encouraged to fax or e-mail non-mandatory Letters of Intent and Questions to (512) 463-3669 or contracts@cpa.state.tx.us to ensure timely receipt. The Letter of Intent must be addressed to Thomas H. Hill, 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. Non-mandatory Letters of Intent and Questions received after this time and date will not be considered. On or about Wednesday, March 25, 2009, the Comptroller expects to post responses to questions as a revision to the Electronic State Business Daily notice on the issuance of this RFP.

Closing Date: Proposals must be delivered to the Office of the Assistant General Counsel, Contracts, at the location specified above (ROOM 201) no later than 2:00 p.m. (CZT), on Friday, April 10, 2009. Proposals received in ROOM G-24 after this time and date will not be considered regardless of the reason for the late delivery and receipt. Respondents are encouraged to and solely responsible for verifying timely receipt of proposals in that office (ROOM 201).

Evaluation Criteria: Proposals will be evaluated under the evaluation criteria outlined in the RFP. The Comptroller shall make the final decision on any contract award or awards resulting from this RFP.

The Comptroller reserves the right, in its sole discretion, to accept or reject any or all proposals submitted. The Comptroller is not obligated to award or execute any contracts 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 the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - March 6, 2009, 10:00 a.m. CZT; Non-Mandatory Letter of Intent to propose and Questions Due - March 20, 2009, 2:00 p.m. CZT; Official Responses to Questions posted - March 27, 2009, or as soon thereafter as practical; Proposals Due - April 10, 2009, 2:00 p.m. CZT; Contract Execution - May 8, 2009, or as soon thereafter as practical; transition to work under new contract to begin May 8, 2009 or as soon thereafter as practical and actual Commencement of Project Activities - September 1, 2009.

TRD-200900815

Pamela G. Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: February 24, 2009

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/02/09 - 03/08/09 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 03/02/09 - 03/02/09 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009³ for the period of 02/01/09 - 02/28/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 02/01/09 - 02/28/09 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 04/01/09 - 06/30/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 04/01/09 - 06/30/09 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.009¹ for the period of 04/01/09 - 06/30/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The lender credit card quarterly rate as prescribed by §346.101 Texas Finance Code¹ for the period of 04/01/09 - 06/30/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.009⁴ for the period of 04/01/08 - 06/30/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The standard annual rate as prescribed by §303.008 and §303.009 for the period of 04/01/09 - 06/30/09 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.009¹ for the period of 04/01/09 - 06/30/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 03/01/09 - 03/31/09 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed §304.003 for the period of 03/01/09 - 03/31/09 is 5.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

³For variable rate commercial transactions only.

⁴Only for open-end credit as defined in §301.002(14), Texas Finance Code.

TRD-200900831

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 24, 2009

Public Notice of Workshop and Request for Comments on Provisioning 9-1-1 Service for Converged Services

The Commission on State Emergency Communications (CSEC) will hold a workshop regarding provisioning 9-1-1 service for converged services. The focus of the workshop will be on the deployment of femtocells and Unlicensed Mobile Access technology (UMA) and their provisioning issues and impacts for 9-1-1 service. The workshop will be held on Wednesday, April 8, 2009, at 10:00 a.m., at the William P. Hobby Building, 333 Guadalupe Street, Room 102, Austin, Texas 78701. Please check-in at the main desk for a "Visitor" pass. Those wishing to participate via telephone may do so by dialing 1-866-751-5725, then entering room number *8426051* (the star key must be entered before and after the room number).

The agenda for the workshop will be as follows:

I. Welcoming Remarks by CSEC

II. Overview of Converged Services

III. Delivery of 9-1-1 Service in a Converged Service Environment

IV. 9-1-1 Entity Perspective

V. Service Provider Perspective

VI. Open Discussion

VII. Closing

Prior to the workshop, participants are requested to file written comments to CSEC questions. For questions, responses thereto, and workshop updates please go to the What's New section of CSEC's website (www.911.state.tx.us).

Comments may be submitted electronically to csecinfo@csec.state.tx.us or by mailing them to CSEC, c/o Elizabeth Smith, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. Please include in the subject line "Comments for Converged Services Workshop." The deadline for submitting written comments is Friday, April 3, 2009 at 5:00 p.m.

CSEC staff intends to submit a report on the workshop to the Commissioners at the April Open Meeting. As a result thereof, a rulemaking proceeding may be initiated.

Please register for the workshop and indicate whether you will be participating in person or by phone by emailing Elizabeth Smith at elizabeth.smith@csec.state.tx.us or calling her at (512) 305-6928. Hearing and speech-impaired individuals with a telecommunications device for the deaf may contact CSEC at (512) 305-6925.

Questions about the workshop or this notice should be referred to Patrick Tyler at (512) 305-6915 or patrick.tyler@csec.state.tx.us

TRD-200900848

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Filed: February 25, 2009

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 6, 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 April 6, 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: Beach Road Municipal Utility District; DOCKET NUMBER: 2008-1806-MWD-E; IDENTIFIER: RN101613818; LOCATION: Matagorda County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 Texas Administrative Code (TAC) §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0013563001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permit effluent limits for total ammonia nitrogen and flow; PENALTY: $4,350; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 76023-1452, (713) 767-3500.

(2) COMPANY: Bosque Utilities Corporation; DOCKET NUMBER: 2008-1696-MWD-E; IDENTIFIER: RN102342821; LOCATION: Navarro County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0013528001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a)(1), by failing to comply with the permit effluent limits for total ammonia nitrogen; and 30 TAC §305.125(17) and TPDES Permit Number WQ0013528001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $6,600; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(3) COMPANY: CLS Excavation, Inc.; DOCKET NUMBER: 2008-1397-EAQ-E; IDENTIFIER: RN105551733; LOCATION: Williamson County; TYPE OF FACILITY: rock quarry; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a contributing zone plan (CZP); PENALTY: $1,875; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(4) COMPANY: City of Electra; DOCKET NUMBER: 2009-0004-PWS-E; IDENTIFIER: RN103783056; LOCATION: Electra, Wichita County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(d)(2)(B) and §290.110(b)(2) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to operate the facility's disinfection equipment to maintain a minimum total chlorine residual of 0.5 milligrams per liter (mg/L) throughout the distribution system; PENALTY: $215; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(5) COMPANY: J. R. Garman, Jr. dba Garman & Sons Dairy; DOCKET NUMBER: 2008-1312-AGR-E; IDENTIFIER: RN101529386; LOCATION: Deaf Smith County; TYPE OF FACILITY: dairy; RULE VIOLATED: 30 TAC §321.46(a)(2), by failing to maintain a copy of the pollution prevention plan on-site; 30 TAC §321.38(c)(2), by failing to ensure that the design specifications and completed construction specifications are certified by a licensed Texas professional engineer; 30 TAC §321.46(d) and General Permit Number TXG921055 Part IV.A, by failing to maintain operational records on site; and 30 TAC §321.36(d)(2) and General Permit Number TXG921055 Part III. A(11)(a), by failing to develop and implement a nutrient management plan; PENALTY: $5,340; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3916 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(6) COMPANY: City of Itasca; DOCKET NUMBER: 2008-1729-MWD-E; IDENTIFIER: RN101920270; LOCATION: Hill County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010423001, Effluent Limitations and Monitoring Requirements Numbers 1 and 6, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids, five-day biochemical oxygen demand, and dissolved oxygen; PENALTY: $4,580; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: KRAS INVESTMENTS, LLC dba Bastrop Texaco; DOCKET NUMBER: 2008-1736-PST-E; IDENTIFIER: RN102464914; LOCATION: Bastrop, Bastrop County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(B) and (C), by failing to submit a fully and accurately completed underground storage tank (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 delivery certificate; 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance; 30 TAC §334.45(c)(3)(A), by failing to ensure that emergency shutoff valves are installed and securely anchored at the base of the dispensers; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to provide release detection for the USTs 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 remaining in the tanks each operating day; 30 TAC §115.222(3) and THSC, §382.085(b), by failing to comply with vapor control requirements for emission limitation anywhere in the liquid transfer or vapor balance system; and 30 TAC §115.222(6) and THSC, §382.085(b), by failing to ensure that each vapor balance system vent line is equipped with a pressure-vacuum relief valve set to open at a pressure of no more than eight ounces per square inch; PENALTY: $20,673; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(8) COMPANY: M. KASHMIRI MANAGEMENT, INC. dba Star Market; DOCKET NUMBER: 2008-1873-PST-E; IDENTIFIER: RN101381671; LOCATION: Corpus Christi, Nueces County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to inspect and test the corrosion protection system for operability and adequacy of protection; PENALTY: $3,073; ENFORCEMENT COORDINATOR: Brianna Carlson, (956) 425-6010; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(9) COMPANY: MPII, Inc. dba Mission Park Dominion Funeral Chapel; DOCKET NUMBER: 2008-1745-EAQ-E; IDENTIFIER: RN105594253; LOCATION: Bexar County; TYPE OF FACILITY: cemetery; RULE VIOLATED: 30 TAC §213.23(a)(1), by failing to obtain approval of a CZP; PENALTY: $750; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(10) COMPANY: Nelson Brothers Ready Mix, Limited; DOCKET NUMBER: 2008-1647-AIR-E; IDENTIFIER: RN102302353; LOCATION: Prosper, Collin County; TYPE OF FACILITY: concrete manufacturing plant; RULE VIOLATED: 30 TAC §106.4 and §111.111(a)(1)(B) and THSC, §382.085(b), by failing to control visible emissions from a stationary source and by failing to maintain emission control equipment in good condition and operating properly; 30 TAC §106.201(a) and THSC, §382.085(b), by failing to sprinkle the sand stockpile with water and/or dust suppressant chemicals; and 30 TAC §101.201(b) and THSC, §382.085(b), by failing to keep a final record of all reportable and non-reportable emission events onsite for a minimum of five years; PENALTY: $1,975; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(11) COMPANY: NILA AKASH ENTERPRISES, INC. dba Express Lane Food Mart; DOCKET NUMBER: 2008-1954-PST-E; IDENTIFIER: RN103038709; LOCATION: Webster, 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; PENALTY: $2,721; ENFORCEMENT COORDINATOR: Steven Lopez, (512) 239-1896; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(12) COMPANY: O'Donnell Oil & Butane Company, Inc.; DOCKET NUMBER: 2008-1874-PST-E; IDENTIFIER: RN105650675 and RN101867893; LOCATION: Lynn County; TYPE OF FACILITY: aboveground storage tanks (ASTs) with key-operated fuel pumps for retail sales of gasoline and diesel; RULE VIOLATED: 30 TAC §334.127(a)(1) and the Code, §26.346, by failing to register the ASTs within 30 days of installation; and 30 TAC §334.126(a)(1), by failing to provide notification to the agency at least 30 days prior to installing new ASTs; PENALTY: $3,710; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(13) COMPANY: Rip Griffin Truck Service Center, Inc.; DOCKET NUMBER: 2008-1779-AIR-E; IDENTIFIER: RN104544788; LOCATION: Lubbock, Lubbock County; TYPE OF FACILITY: truck service and fuel transportation center; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum Reid vapor pressure (RVP) requirement of seven pounds per square inch absolute; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Kirk Schoppe, (512) 239-0489; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(14) COMPANY: SANM, INC. dba Rick's Drive In; DOCKET NUMBER: 2008-1665-PST-E; IDENTIFIER: RN101377471; LOCATION: Denton, Denton County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(1), (5), and (7)(A) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for review; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery compatible systems; 30 TAC §115.242(3)(J) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for the inspection; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the agency for any change or additional information regarding the USTs; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection inspected and tested for operability and adequacy of protection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are 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 USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors 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 §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; 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: $17,600; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: SAVE N MORE CORPORATION dba Save One Stop; DOCKET NUMBER: 2008-1855-PST-E; IDENTIFIER: RN101819936; 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; PENALTY: $2,414; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(16) COMPANY: Sayed Ridi dba S R Auto Sales; DOCKET NUMBER: 2008-1718-PST-E; IDENTIFIER: RN102474087; LOCATION: Houston, Harris County; TYPE OF FACILITY: automotive sales business; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs; PENALTY: $3,325; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(17) COMPANY: Targa Midstream Services Limited Partnership; DOCKET NUMBER: 2008-1299-AIR-E; IDENTIFIER: RN102583291 and RN100222900; LOCATION: Mont Belvieu, Chambers County; TYPE OF FACILITY: bulk materials storage and distribution terminal and a natural gas fractionator; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 22088, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §101.201(f) and THSC, §382.085(b), by failing to submit additional information to the TCEQ within the established time frame; 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to have authorization for the loading of 792 trucks with a butane/butylene mix; 30 TAC §116.115(c), Air Permit Number 56431, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(b)(1)(G) and (H) and THSC, §382.085(b), by failing to properly report Incident Number 98657; PENALTY: $21,602; Supplemental Environmental Project offset amount of $10,801 applied to Barbers Hill Independent School District-Alternative Fueled Vehicle and Equipment Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(18) COMPANY: City of Thornton; DOCKET NUMBER: 2008-1767-MWD-E; IDENTIFIER: RN102844461; LOCATION: Limestone County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §30.350(d) and §305.125(1) and TPDES Permit Number WQ0010824001, Other Requirements Number 1, by failing to employ or contract a licensed individual to operate the facility; PENALTY: $3,475; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: Value Family Properties - Denton, L.P.; DOCKET NUMBER: 2008-1712-WQ-E; IDENTIFIER: RN101269611; LOCATION: Denton, Denton County; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: the Code, §26.121, by failing to prevent the unauthorized discharge of wastewater from the collection system; the Code, §26.039(b), by failing to provide non-compliance notification; and 30 TAC §217.63(b), by failing to equip the lift station with an audio-visual alarm system; PENALTY: $4,000; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200900816

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 24, 2009

A default order was entered regarding Tajrangeza Khail dba Benny's Food Mart and Aiedeh Husainat dba Benny's Food Mart, Docket No. 2006-0169-PST-E on February 13, 2009 assessing $8,925 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney, at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Chez-Salin Quality Cleaners, Inc. dba Rodeo Cleaners 1, dba Rodeo Cleaners 2, dba Rodeo Cleaners 3, and dba Lyric South Cleaners Docket No. 2006-0708-DCL-E on February 13, 2009 assessing $4,740 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney, at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kirtley Gravel Co., Inc. dba Sharp Sand and Gravel, Docket No. 2007-0141-WR-E on February 13, 2009 assessing $525 in administrative penalties.

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

An agreed order was entered regarding City of Del Rio, Docket No. 2007-0696-PWS-E on February 13, 2009 assessing $2,448 in administrative penalties.

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

An agreed order was entered regarding Consolidated Construction Recycling Services, Ltd., Docket No. 2007-1090-MSW-E on February 13, 2009 assessing $10,500 in administrative penalties.

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

An agreed order was entered regarding City of Cisco, Docket No. 2007-1123-MLM-E on February 13, 2009 assessing $29,235 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Valero Refining-Texas, L.P., Docket No. 2007-1234-AIR-E on February 13, 2009 assessing $181,200 in administrative penalties.

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

A default order was entered regarding Cesar Vasquez, Docket No. 2007-1272-WOC-E on February 13, 2009 assessing $1,750 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Accord Construction, Inc., Docket No. 2007-1420-AIR-E on February 13, 2009 assessing $30,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney, at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Catherine E. Harris, Docket No. 2007-1534-LII-E on February 13, 2009 assessing $2,337 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Becky Combs, Staff Attorney, at (512) 239-6939, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Victor R. Galvan, Docket No. 2007-1584-LII-E on February 13, 2009 assessing $1,050 in administrative penalties with $210 deferred.

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

An agreed order was entered regarding City of Alvarado, Docket No. 2007-1903-MLM-E on February 13, 2009 assessing $54,900 in administrative penalties with $54,900 deferred.

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

An agreed order was entered regarding Dr. Gobbler, Ltd., Docket No. 2007-1974-MLM-E on February 13, 2009 assessing $1,575 in administrative penalties with $315 deferred.

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

An agreed order was entered regarding Alumax Mill Products, Inc., Docket No. 2008-0380-AIR-E on February 13, 2009 assessing $46,350 in administrative penalties with $9,270 deferred.

Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator, at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Sherman Dry Clean City, Inc. dba Dry Clean City, Docket No. 2008-0387-DCL-E on February 13, 2009 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Danielle Porras, Enforcement Coordinator, at (512) 239-2602, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding William Donald Smith dba Sunset Mobile Home Park, Docket No. 2008-0429-MWD-E on February 13, 2009 assessing $20,800 in administrative penalties with $4,160 deferred.

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

A default order was entered regarding Jeff Rowland, Docket No. 2008-0434-WR-E on February 13, 2009 assessing $1,050 in administrative penalties.

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

A default order was entered regarding Joe F. Slater, Docket No. 2008-0634-LII-E on February 13, 2009 assessing $1,336 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Stephanie Frazee, Staff Attorney, at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Roy Silva dba Roy's Chevron, Docket No. 2008-0657-PST-E on February 13, 2009 assessing $9,746 in administrative penalties with $1,949 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator, at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Agustin Ramirez and Ruth Ramirez, Docket No. 2008-0694-MSW-E on February 13, 2009 assessing $1,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Tammy Mitchell, Staff Attorney, at (512) 239-0736, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding The Premcor Refining Group Inc., Docket No. 2008-0742-AIR-E on February 13, 2009 assessing $46,213 in administrative penalties.

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

An agreed order was entered regarding WEHBE INVESTMENTS, INC. dba Cedar Park Food Store, Docket No. 2008-0765-PST-E on February 13, 2009 assessing $5,400 in administrative penalties with $1,080 deferred.

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

An agreed order was entered regarding GM Trucks & Equipment, Docket No. 2008-0954-WQ-E on February 13, 2009 assessing $16,200 in administrative penalties with $3,240 deferred.

Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, Enforcement Coordinator, at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dwight Ball dba Lazy Acres Mobile Home Park, Docket No. 2008-0961-PWS-E on February 13, 2009 assessing $1,293 in administrative penalties with $258 deferred.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator, at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Formosa Plastics Corporation, Texas, Docket No. 2008-0973-AIR-E on February 13, 2009 assessing $8,814 in administrative penalties with $1,762 deferred.

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

An agreed order was entered regarding Arrowhead Shores Home Owners Association, Docket No. 2008-0982-MLM-E on February 13, 2009 assessing $1,050 in administrative penalties with $210 deferred.

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

An agreed order was entered regarding DCP Midstream, LP, Docket No. 2008-1003-AIR-E on February 13, 2009 assessing $7,600 in administrative penalties with $1,520 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator, at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Delta County Municipal Utility District, Docket No. 2008-1028-PWS-E on February 13, 2009 assessing $2,210 in administrative penalties with $442 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator, at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hereford Highway Properties, Ltd., Docket No. 2008-1030-WQ-E on February 13, 2009 assessing $5,600 in administrative penalties with $1,120 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator, at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding 3AR INC dba Quick Way, Docket No. 2008-1036-PST-E on February 13, 2009 assessing $24,962 in administrative penalties with $4,992 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator, at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Kempenaar Real Estate, LTD. dba Still Meadow Dairy, Docket No. 2008-1041-AGR-E on February 13, 2009 assessing $8,085 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator, at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Maclovio Ramon, Docket No. 2008-1057-MSW-E on February 13, 2009 assessing $1,050 in administrative penalties with $210 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator, at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Richland Special Utility District, Docket No. 2008-1089-PWS-E on February 13, 2009 assessing $1,370 in administrative penalties with $274 deferred.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villarreal, Enforcement Coordinator, at (361) 825-3425, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Metroplex Quarry's, Inc., Docket No. 2008-1090-WQ-E on February 13, 2009 assessing $14,311 in administrative penalties with $2,862 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator, at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Michael L. O'Neill dba Frontier Park Marina, Docket No. 2008-1103-PWS-E on February 13, 2009 assessing $716 in administrative penalties.

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

An agreed order was entered regarding SHREEDHAR CORPORATION INC. dba Phillips 66 Truck Stop, Docket No. 2008-1117-PST-E on February 13, 2009 assessing $29,155 in administrative penalties with $5,831 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator, at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BASF Fina Petrochemicals Limited Partnership, Docket No. 2008-1147-AIR-E on February 13, 2009 assessing $36,050 in administrative penalties with $7,210 deferred.

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

An agreed order was entered regarding Enterprise Products Operating LLC, Docket No. 2008-1148-AIR-E on February 13, 2009 assessing $10,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator, at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Cargill Meat Solutions Corporation, Docket No. 2008-1149-AIR-E on February 13, 2009 assessing $19,294 in administrative penalties with $3,858 deferred.

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

An agreed order was entered regarding Bert & Heidi Velson DBA Mike Schouten Feedlot, Docket No. 2008-1178-AGR-E on February 13, 2009 assessing $850 in administrative penalties with $170 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator, at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Rohm and Haas Texas Incorporated, Docket No. 2008-1182-AIR-E on February 13, 2009 assessing $9,575 in administrative penalties with $1,915 deferred.

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

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2008-1194-AIR-E on February 13, 2009 assessing $3,625 in administrative penalties with $725 deferred.

Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator, at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding SWH Realty, Ltd., Docket No. 2008-1215-PST-E on February 13, 2009 assessing $8,450 in administrative penalties with $1,690 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator, at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Fort Worth, Docket No. 2008-1224-WQ-E on February 13, 2009 assessing $8,400 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Evette Alvarado, Enforcement Coordinator, at (512) 239-2573, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding TexSand Distributors, LP, Docket No. 2008-1261-AIR-E on February 13, 2009 assessing $7,020 in administrative penalties with $1,404 deferred.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator, at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding K-YOBA, INC. dba Jedco 21, Docket No. 2008-1276-PST-E on February 13, 2009 assessing $7,922 in administrative penalties with $1,584 deferred.

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

An agreed order was entered regarding South Fort Worth RV Ranch, L.L.C., Docket No. 2008-1285-MWD-E on February 13, 2009 assessing $3,870 in administrative penalties with $774 deferred.

Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, Enforcement Coordinator, at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Mansfield Plumbing Products LLC, Docket No. 2008-1291-AIR-E on February 13, 2009 assessing $1,050 in administrative penalties with $210 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator, at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Saint-Gobain Ceramics & Plastics, Inc., Docket No. 2008-1313-AIR-E on February 13, 2009 assessing $2,475 in administrative penalties with $495 deferred.

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

An agreed order was entered regarding Earnhardt El Paso Motors, LP dba BMW of El Paso and Mazda of El Paso, Docket No. 2008-1319-PST-E on February 13, 2009 assessing $21,017 in administrative penalties with $4,203 deferred.

Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator, at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding UTLX Manufacturing, Inc, Docket No. 2008-1323-AIR-E on February 13, 2009 assessing $1,975 in administrative penalties with $395 deferred.

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

An agreed order was entered regarding Wyman-Gordon Forgings, Inc., Docket No. 2008-1351-AIR-E on February 13, 2009 assessing $3,725 in administrative penalties with $745 deferred.

Information concerning any aspect of this order may be obtained by contacting Nadia Hameed, Enforcement Coordinator, at (713) 767-3629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Kerrville, Docket No. 2008-1373-MWD-E on February 13, 2009 assessing $12,300 in administrative penalties with $2,460 deferred.

Information concerning any aspect of this order may be obtained by contacting Lauren Smitherman, Enforcement Coordinator, at (512) 239-5223, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Swea Gardens Estates Utility, Inc., Docket No. 2008-1375-PWS-E on February 13, 2009 assessing $210 in administrative penalties with $42 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator, at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding XTO Energy Inc., Docket No. 2008-1383-AIR-E on February 13, 2009 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator, at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Willow Park, Docket No. 2008-1386-MWD-E on February 13, 2009 assessing $2,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, Enforcement Coordinator, at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding METRO SUPPLIERS, INCORPORATED dba Austin Texaco, Docket No. 2008-1435-PST-E on February 13, 2009 assessing $7,500 in administrative penalties with $1,500 deferred.

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

An agreed order was entered regarding West Fraser, Inc. dba Henderson Lumber Mill, Docket No. 2008-1468-AIR-E on February 13, 2009 assessing $2,250 in administrative penalties with $450 deferred.

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

An agreed order was entered regarding El Paso Independent School District, Docket No. 2008-1491-AIR-E on February 13, 2009 assessing $2,440 in administrative penalties with $488 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator, at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding PROTON REALTY CO. dba C Store 104, Docket No. 2008-1523-PST-E on February 13, 2009 assessing $5,103 in administrative penalties with $1,020 deferred.

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

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2008-1541-AIR-E on February 13, 2009 assessing $6,422 in administrative penalties with $1,284 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator, at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wagner & Brown, Ltd., Docket No. 2008-1567-WR-E on February 13, 2009 assessing $575 in administrative penalties with $115 deferred.

Information concerning any aspect of this order may be obtained by contacting Evette Alvarado, Enforcement Coordinator, at (512) 239-2573, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Elkhart, Docket No. 2008-1639-MWD-E on February 13, 2009 assessing $8,720 in administrative penalties with $1,744 deferred.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator, at (254) 761-3034, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City Of Shiner, Docket No. 2008-1685-MWD-E on February 13, 2009 assessing $2,440 in administrative penalties with $488 deferred.

Information concerning any aspect of this order may be obtained by contacting Carlie Konkol, Enforcement Coordinator, at (361) 825-3422, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A field citation was entered regarding Endeavour, Inc. dba Endeavour Windy Hill Estates, Docket No. 2008-1506-WQ-E on February 13, 2009 assessing $700 in administrative penalties.

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

A field citation was entered regarding ENCINO DEVELOPERS, INC., Docket No. 2008-1517-WQ-E on February 13, 2009 assessing $700 in administrative penalties.

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

A field citation was entered regarding SR Denton 2181 LLC, Docket No. 2008-1797-WQ-E on February 13, 2009 assessing $700 in administrative penalties.

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

TRD-200900855

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 25, 2009

Notice issued February 18, 2009 through February 19, 2009

TCEQ Docket No. 2008-1461-DIS; The Texas Commission on Environmental Quality (TCEQ) will conduct a hearing on an application for conversion (Application) of Fort Bend County Fresh Water Supply District No. 2 (District) to a Municipal Utility District. The Application was filed with the TCEQ and included a resolution by the District's Board of Directors (Applicant). The TCEQ will conduct this hearing under the authority of Chapters 49 and 54 of the Texas Water Code, Title 30, Chapter 293 of the Texas Administrative Code (TAC) and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, May 20, 2009, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas.

The District was created on January 23, 2001 under Article XVI, Section 59 of the Texas Constitution. Under this law the District had the authority to operate under Texas Water Code Chapters 49 and 53 as a fresh water supply district. The material filed with the Application states that conversion is necessary and the District desires to attract new development once drainage powers has been acquired.

HEARING. As required by the Texas Water Code Chapter §54.032 and Title 30 of the TAC §293.15, the above hearing regarding this application will be held no earlier than 14 days after notice of this hearing is published in a newspaper with general circulation in the county or counties in which the District is located. The purpose of this hearing is to provide all interested persons the opportunity to appear and offer testimony for or against the proposal contained in the resolution.

At the hearing, pursuant to the Texas Water Code §54.033 the Commission will determine if converting the current district into a municipal utility district that operates under Texas Water Code Chapter 54 would serve the best interest of the District and would be a benefit to the land and property included in the District, or, if there is any opposition to the proposed conversion, the Commission may refer the application to the State Office of Administrative Hearings for a contested case hearing on the application.

TCEQ Docket No. 2008-1778-DIS; The TCEQ will conduct a hearing on an application for dissolution (Application) of Northeast Medina County Water Control and Improvement District No. 1 (District). The Application was filed with the TCEQ and includes a petition by the Board of Director of the District. The TCEQ will conduct this hearing under the authority of Chapters 51 and 49 of the Texas Water Code (TWC), Title 30, Chapter 293 of the TAC, and the procedural rules of the TCEQ. The TCEQ will conduct the hearing at: 9:30 a.m., Wednesday, May 6, 2009, Building E, Room 201S, 12100 Park 35 Circle, Austin, Texas.

The District was created by the County Commissioners, on December 8, 1986, and was organized under the terms and provisions of Article XVI, Section 59 of the Texas Constitution, and Chapters 49 and 51, Texas Water Code. The District contains 1454.716 acres of land within Medina County, Texas. Pursuant to 30 TAC §293.131, the petition filed with the Application states that dissolution is desirable and necessary because the District is not required for the development of land within its boundaries.

The petition filed with the Application states that the District: (1) has not performed any of the functions for which it was created for five consecutive years preceding the date of the Application, (2) is financially dormant, and (3) has no outstanding bonded indebtedness.

An affidavit from the State Comptroller of Public Accounts was included in the Application certifying that the District has no bonded indebtedness. The District has no known assets or liabilities.

Pursuant to TWC §49.327, if the request for dissolution is approved, the District's assets, if any, will escheat to the State of Texas and will be administered by the State Comptroller of Public Accounts and disposed of in the manner provided by Chapter 74 of the Texas Property Code.

CONTESTED CASE HEARING. The purpose of this hearing is to provide all interested persons the opportunity to appear and offer testimony for or against the proposal contained in the Application. At the hearing, pursuant to TWC §49.324, the TCEQ will determine if the District should be dissolved.

INFORMATION. For information regarding the date and time this application will be heard before the TCEQ, please submit written inquiries 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 public may contact the Districts Review Team at (512) 239-4691. General information regarding TCEQ is available on the internet at www.tceq.state.tx.us.

Si desea información en Español, puede llamar al 1-512-239-0200.

Persons with disabilities who plan to attend this hearing and who need special accommodations at the hearing should call the TCEQ Office of Public Assistance at 800-687-4040 or 800-RELAY-TX (TDD), at least one week prior to the hearing.

TRD-200900854

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 25, 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 April 6, 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.

Copies 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) 239-400 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 78711-087 and must be received by 5:00 p.m. on April 6, 2009 . Comments may also be sent by facsimile machine to the attorney at (512) 239-434. 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: Angelina County Water Control and Improvement District Number 3; DOCKET NUMBER: 2006-2239-MWD-E; TCEQ ID NUMBER: RN102739422; LOCATION: 10,450 feet north of the intersection of State Highway 59 and Farm-to-Market Road 2021 and 22,700 feet east of the intersection of State Highway 59 and Farm-to-Market Road 2021, Angelina County; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: TWC, §26.121(a), 30 TAC §305.125(1), and Texas Pollutant Discharge Elimination System Permit Number 14201001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, by failing to comply with permit effluent limits; PENALTY: $4,410; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2006-1028-IHW-E; TCEQ ID NUMBER: RN100209857; LOCATION: 2001 Gulfway Drive, Port Arthur, Jefferson County; TYPE OF FACILITY: organic chemical manufacturing facility; RULES VIOLATED: 30 TAC §335.6(b) and (c), by failing to update the Notice of Registration; 30 TAC §335.2(b) and 40 Code of Federal Regulations (CFR) §262.20(b), by failing to dispose of hazardous wastes at an authorized facility; 30 TAC §335.69(a) and 40 CFR §262.34(a), by failing to prevent exceedance of the hazardous waste accumulation time of 90 days; and 30 TAC §335.69(d)(1) and §335.112(a)(8) and 40 CFR §262.34(a)(1)(i) and §265.173, by failing to keep a container of hazardous waste closed; PENALTY: $21,837; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: City Market Group of Sun City, L.P. dba City Market; DOCKET NUMBER: 2008-0369-MLM-E; TCEQ ID NUMBER: RN101498913; LOCATION: 440 Del Webb Boulevard, Suite 200, Georgetown, Williamson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(1)(A) and TWC, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once per month (not to exceed 35 days between each monitoring); 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedure for the UST system; 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 UST registration and self-certification form; 30 TAC §115.222(6) and Texas Health and Safety Code (THSC), §382.085(b), by failing to ensure that each vapor balance system vent line is equipped with a pressure-vacuum relief valve set to open at a pressure of no more than eight ounces per square inch; 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: $15,740; 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: Fatima Family Village, Inc. dba Fatima Family Village Mobile Home Park; DOCKET NUMBER: 2006-1777-PWS-E; TCEQ ID NUMBER: RN101236685; LOCATION: 1003 Gulf Bank Road, Houston, Harris County; TYPE OF FACILITY: mobile home park with a public water supply system; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement or an approved exception to the easement requirement that covers the land within 150 feet of the well; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing that extends a minimum of 18 inches above the elevation of the finished floor of the pump room or natural ground surface; 30 TAC §290.46(m)(4), by failing to maintain all distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.45(b)(1)(E)(i) and THSC, §341.0315(c), by failing to provide a minimum well capacity of 1.0 gallon per minute per connection; and 30 TAC §21.4 and §290.51 and TWC, §5.702, by failing to pay all consolidated water quality and public health service annual and late fees for Fiscal Years 2003 - 2006 in a timely manner for Financial Administration Account Numbers 23004447 and 91010746; PENALTY: $417; STAFF ATTORNEY: Jennifer Cook, Litigation Division, MC 175, (512) 239-1873; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(5) COMPANY: Gene's Go Truck Stop, Inc.; DOCKET NUMBER: 2008-1318-PST-E; TCEQ ID NUMBER: RN102247251; LOCATION: 2419 North Main Street, Junction, Kimble County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to timely renew a previously issued TCEQ delivery certificate by submitting a properly completed UST registration and self-certification form at least 30 days before the expiration date; and 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $2,500; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(6) COMPANY: Lozano, Ltd. dba Lozano Store; DOCKET NUMBER: 2008-1436-PST-E; TCEQ ID NUMBER: RN102450343; LOCATION: United States Highway 83 and Farm-to-Market Road 3169 East, San Ygnacio, Zapata County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection 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 TCEQ 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 TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; 30 TAC §334.50(b)(1)(A), (d)(1)(B)(ii), (iii)(I) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring) and by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as 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; 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification 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 UST registration and self-certification form; PENALTY: $7,650; STAFF ATTORNEY: Phillip Goodwin, Litigation Division, MC 175, (512) 239-0675; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(7) COMPANY: N T & M, Inc. dba Fine Cleaners; DOCKET NUMBER: 2006-1334-DCL-E; TCEQ ID NUMBER: RN104161476; LOCATION: 11111 West Little York Road, Houston, Harris County; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Dinniah Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(8) COMPANY: Vinklarek Underground Utilities Company; DOCKET NUMBER: 2007-1871-PST-E; TCEQ ID NUMBER: RN101493740; LOCATION: Texas Highway 71 East near Old Bastrop Road, Del Valle, Travis County; TYPE OF FACILITY: real estate where four USTs were installed; RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide amended registration regarding USTs within 30 days from the date of occurrence of the change or addition; 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST registration fees for TCEQ Account Number 0024377U for the Fiscal Years of 1991 - 2006; PENALTY: $3,675; STAFF ATTORNEY: Benjamin Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

TRD-200900820

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 24, 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 April 6, 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.

Copies 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 April 6, 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: Alfredo C. Cruz; DOCKET NUMBER: 2006-1875-LII-E; TCEQ ID NUMBER: RN103838520; LOCATION: 12014 Dogwood Mountain Road, Houston, Harris County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003(a) and Texas Occupations Code, § 1903.251, by failing to hold an irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system; PENALTY: $625; STAFF ATTORNEY: Tammy Mitchell, Litigation Division, MC 175, (512) 239-0736; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(2) COMPANY: Don Burroughs; DOCKET NUMBER: 2007-0805-MSW-E; TCEQ ID NUMBER: RN104574603; LOCATION: 7400 Block of Holmes Road, Nederland, Jefferson County; TYPE OF FACILITY: unauthorized disposal facility; RULES VIOLATED: 30 TAC §330.15(c), by failing to dispose of municipal solid waste at an authorized facility; PENALTY: $1,050; STAFF ATTORNEY: Barham Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(3) COMPANY: Frank E. Daniels; DOCKET NUMBER: 2008-0597-MLM-E; TCEQ ID NUMBER: RN105168314; LOCATION: 1407 Novella Avenue, Adkins, Bexar County; TYPE OF FACILITY: animal feeding operation; RULES VIOLATED: 30 TAC §101.4 and §321.47(c)(2), by failing to prevent a nuisance condition; PENALTY: $1,050; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(4) COMPANY: Gilbert Espinosa; DOCKET NUMBER: 2008-0354-OSS-E; TCEQ ID NUMBER: RN105107171; LOCATION: 819 Unit B Williams, Eden, Concho County; TYPE OF FACILITY: residential property; RULES VIOLATED: 30 TAC §285.3(i) and TWC, §26.121, by failing to prevent the unauthorized discharge of waste and the prohibited use of a cesspool; PENALTY: $627; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(5) COMPANY: Gregory W. Boyd; DOCKET NUMBER: 2008-0135-LII-E; TCEQ ID NUMBER: RN104946199; LOCATION: 6717 Harry Road, San Antonio, Bexar County; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §334.94(b), by failing to include the required statement: "Irrigation in Texas is regulated by the Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087," on all written contracts and bills to install irrigation systems; 30 TAC §334.95(a), by failing to design an irrigation system, or portion thereof, so as to require the use of any component part in a way which does not exceed the manufacturer's performance limitations for the part, unless the use is necessary to accommodate special site conditions; PENALTY: $207; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Industrial Anchors, Inc.; DOCKET NUMBER: 2008-0470-WQ-E; TCEQ ID NUMBER: RN102809332; LOCATION: 7225 Frint Drive, Beaumont, Jefferson County; TYPE OF FACILITY: industrial steel manufacturing business; RULES VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to obtain authorization to discharge storm water associated with industrial activities under a Texas Pollutant Discharge Elimination System Multi-sector general permit; PENALTY: $2,000; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(7) COMPANY: Mohammad A. Swati; DOCKET NUMBER: 2008-0724-PST-E; TCEQ ID NUMBER: RN101773232; LOCATION: 1107 Cordrey Street, Orange, Orange County; TYPE OF FACILITY: property that previously contained two inactive underground storage tanks (USTs); RULES VIOLATED: 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the TCEQ for any change or additional information regarding USTs within 30 days from the date of occurrence of the change; PENALTY: $1,100; STAFF ATTORNEY: Stephanie J. Frazee, Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(8) COMPANY: Price Construction, Ltd.; DOCKET NUMBER: 2007-0876-AIR-E; TCEQ ID NUMBER: RN102743747; LOCATION: 2538 Broadbent Avenue, Del Rio, Val Verde County; TYPE OF FACILITY: portable asphalt plant; RULES VIOLATED: 30 TAC §101.201(e) and Texas Health and Safety Code (THSC), §382.085(b), by failing to notify the TCEQ of an excess opacity event; and 30 TAC §111.111(a)(8)(A) and THSC, §382.085(b), by allowing excess opacity emissions; PENALTY: $5,145; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.

(9) COMPANY: Quick & Convenience Pro-Victoria 1, L.L.C. dba Midway Truck Stop; DOCKET NUMBER: 2007-0976-PST-E; TCEQ ID NUMBER: RN101261535; LOCATION: 16262 United States Highway 59 North, Victoria, Victoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: TWC, §26.3475(c)(1) and 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii), by failing to monitor USTs for releases at a frequency of at least once per month (not to exceed 35 days between monitoring), and by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release as small as the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.72(2), 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 the discovery; 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and available for inspection upon request by a representative of the TCEQ; 30 TAC §334.7(d)(3), by failing to provide written notice of any change or additional information to the executive director 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; and 30 TAC §334.8(c)(5)(C), by failing to ensure that a legible tag, label, or marking with the UST identification 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 UST registration and self-certification form; PENALTY: $31,620; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(10) COMPANY: Raul Perez; DOCKET NUMBER: 2008-1356-MSW-E; TCEQ ID NUMBER: RN105530968; LOCATION: intersection of 19th Street and Henrietta Street, Kingsville, Kleberg County (site) and 107 East County Road 2155, Kingsville, Kleberg County (fuel station); TYPE OF FACILITY: unauthorized landfill (site) and trucking fuel station (fuel station); RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; and 30 TAC §205.6, TWC, §5.702 and §26.0291, and TCEQ Agreed Order Docket Number 2004-0712-MLM-E, Ordering Provision Number 1, by failing to pay outstanding fees associated to aboveground storage tank fees and the administrative penalty for Agreed Order Docket Number 2004-0712-MLM-E for TCEQ Account Numbers 61966A and 23601766; PENALTY: $15,000; STAFF ATTORNEY: Peipey Tang, Litigation Division, MC 175, (512) 239-0654; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(11) COMPANY: Red Rock Water Supply Corporation; DOCKET NUMBER: 2008-0836-PWS-E; TCEQ ID NUMBER: RN101451193; LOCATION: 1718 Bridle Bit Road, Flower Mound, Denton County; TYPE OF FACILITY: public water supply facility; 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 Confidence 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; and 30 TAC §290.51(a)(6) and TWC, §5.702, by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 90610113 for Fiscal Years 2002 - 2008 to the TCEQ in a timely manner; PENALTY: $624; STAFF ATTORNEY: Stephanie J. Frazee; Litigation Division, MC 175, (512) 239-3693; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Richard Green dba R & B Homes; DOCKET NUMBER: 2008-0555-WQ-E; TCEQ ID NUMBER: RN105119838; LOCATION: Farm-to-Market 730 at the intersection with Sandstone Lane, Weatherford, Parker County; TYPE OF FACILITY: single-family residential construction site; 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 construction activities to waters in the State and to develop and implement a storm water pollution prevention plan; PENALTY: $2,100; STAFF ATTORNEY: Xavier Guerra, Litigation Division; MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: Sakina, Inc. dba Express Lane 26; DOCKET NUMBER: 2006-1770-PST-E; TCEQ ID NUMBER: RN103052320; LOCATION: 2603 County Road 403, Pearland, Brazoria County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(a)(1)(A), (b)(1)(A), (2)(A)(i), and (d)(1)(B)(ii) and TWC, §26.3475(a) and (c)(1), by failing to have a release detection method capable of detecting a release from any portion of the UST system which contained regulated substances; and 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection within three to six months after installation and at a subsequent frequency of at least once every three years; PENALTY: $5,100; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(14) COMPANY: Silvester and Martha Martinez; DOCKET NUMBER: 2008-0537-MSW-E; TCEQ ID NUMBER: RN104436357; LOCATION: 10123 Deer Creek Road, Carlsbad, Tom Green County; TYPE OF FACILITY: real property; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the disposal of municipal solid waste at an unauthorized solid waste facility; PENALTY: $1,050; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (325) 655-9479.

TRD-200900819

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 24, 2009

The Texas Commission on Environmental Quality (commission) staff is providing an opportunity for written public comment on the listed Shutdown/Default Order (S/DO). Texas Water Code (TWC), §26.3475 authorizes the commission to order the shutdown of any underground storage tank (UST) system found to be noncompliant with release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection regulations of the commission, until such time as the owner/operator brings the UST system into compliance with those regulations. The commission proposes a Shutdown Order after the owner or operator of a UST facility fails to perform required corrective actions within 30 days after receiving notice of the release detection, spill and overfill prevention, and/or, after December 22, 1998, cathodic protection violations documented at the facility. The commission proposes a Default Order when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. In accordance with TWC, §7.075, this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 6, 2009. The commission will consider any written comments received and the commission may withdraw or withhold approval of a S/DO if a comment discloses facts or considerations that indicate that consent to the proposed S/DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed S/DO is not required to be published if those changes are made in response to written comments.

A copy of the proposed S/DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the S/DO shall be sent to the attorney designated for the S/DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 6, 2009. Written comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission attorneys are available to discuss the S/DO and/or the comment procedure at the listed phone numbers; however, comments on the S/DO shall be submitted to the commission in writing.

(1) COMPANY: Ari Ari Ltd. dba Desoto Beverages; DOCKET NUMBER: 2008-0445-PST-E; TCEQ ID NUMBER: RN100586189; LOCATION: 901 North I-35 East, Desoto, Dallas County; TYPE OF FACILITY: beverage store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the underground storage system; 30 TAC §334.50(d)(1)(B)(ii) and (iii)(I) and TWC, §26.3475(c)(1), 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; by failing to provide release detection by failing to conduct inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each day; 30 TAC §115.245(2), by failing to verify proper operation of the Stage II vapor recovery system at least once every 12 months; and 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs within 30 days of the occurrence of the change or addition; PENALTY: $19,471; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5486; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200900818

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 24, 2009

February 17, 2009 through February 19, 2009

NOTICE OF OPPORTUNITY TO REQUEST A PUBLIC MEETING FOR A NEW MUNICIPAL SOLID WASTE TRANSFER STATION REGISTRATION APPLICATION NO. 40237

APPLICATION. Saguaro Corporation, P.O. Box 780710, Wichita, Kansas 67278, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration (No. 40237), to construct and operate a Type V municipal solid waste transfer station. The proposed facility, El Paso C&D Recycling Plant will be located 1290 feet South of Farm-to-Market Road 659/Pelicano Drive and 900 feet West of Aviation Way, El Paso in El Paso County. This facility is requesting authorization to transfer and recycle municipal solid waste which includes concrete and mixed rubble, wood, drywall, asphalt roofing, metals, brick, structural clay products, masonry, plastics, and glass. The registration application is available for viewing and copying at the TCEQ Region 6 Office, 401 E. Franklin Ave., Ste. 560, El Paso, TX 79901-1212 and may be viewed online at http://www.source-environmental.com/applications/default.htm.

PUBLIC COMMENT/PUBLIC MEETING. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. Comments may also be received if a public meeting is held on the facility. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted prior to the notice of final determination. The executive director is not required to file a response to comments.

EXECUTIVE DIRECTOR ACTION. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to reconsider the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

INFORMATION. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-30887 or electronically submitted to http://www5.tceq.state.tx.us/rules/ecomments/. 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. Further information may also be obtained from Saguaro Corporation at the address stated above or by calling Mr. Sean Gillespie, President at (316) 259-6907.

NOTICE OF OPPORTUNITY TO REQUEST A PUBLIC MEETING FOR A NEW MUNICIPAL SOLID WASTE TRANSFER STATION - REGISTRATION APPLICATION NO. 40241

APPLICATION. Mr. Otley L. Smith, III, 2613 Skyway Drive, Grand Prairie, Texas 75052, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40241, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, Oncore Technology, LLC will be located at 2613 Skyway, Grand Prairie, in the Airport Industrial Park, near the intersection of State Highway 360 and Interstate Highway 20, in Tarrant County. This facility is requesting authorization to collect, store, treat, and transfer medical waste from health care-related facilities which includes animal waste, bulk blood, bulk human body fluids, sharps, and other health care-related items that have come into contact with body fluids or blood. The registration application is available for viewing and copying at the TCEQ Region 4 Office, 2309 Gravel Dr., Fort Worth, 76118-6951 and may be viewed online at: http://www.oncoreus.com/registration.html.

PUBLIC COMMENT/PUBLIC MEETING. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. Comments may also be received if a public meeting is held on the facility. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted prior to the notice of final determination. The executive director is not required to file a response to comments.

EXECUTIVE DIRECTOR ACTION. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to reconsider the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

INFORMATION. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically submitted to http://www5.tceq.state.tx.us/rules/ecomments/. 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. Further information may also be obtained from Oncore Technology, LLC at the address stated above or by calling Mr. Otley L. Smith, III, President at (972) 786-7060.

Further information may also be obtained from Abilene Environmental Landfill Inc. at the address stated above or by calling Mr. James Lawrence, P.G., SCS Engineers at (817) 571-2288.

TRD-200900852

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 25, 2009

The following notices were issued during the period of February 9, 2009 through February 19, 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

NRG TEXAS POWER LLC which operates the Cedar Bayou Electric Generating Station, has applied for a renewal of TPDES Permit No. WQ0001241000, which authorizes the discharge of once-through cooling water, utility wastewater, storm water and previously monitored effluent (PME) at a daily average flow not to exceed 1,616,000,000 gallons per day via Outfall 001; metal cleaning wastes/ash pond wastewater, storm water, PME from Outfall 201, and wastewater from mariculture lab at a daily average flow not to exceed 281,000 gallons per day via Outfall 101; treated domestic wastewater from the mariculture laboratory facility on a flow variable basis via Outfall 201; low volume waste sources on a flow variable basis via Outfalls 002 and 004; low volume waste sources and storm water on a flow variable basis via Outfall 003; and treated domestic wastewater from the power plant on a flow variable basis via Outfall 005. The facility is located on the east bank of Cedar Bayou approximately one and one-half miles south of the intersection of State Highway 146 and Farm-to-Market Road 565 in the City of Baytown, Chambers County, Texas.

CITY OF STEPHENVILLE has applied for a renewal of TPDES Permit No. WQ0010290001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located approximately 6,300 feet southeast of the intersection of U.S. Highway 377 and Farm-to-Market Road 914 in Erath County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of TPDES Permit No. WQ0011234001, 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 0.4 mile east of Farm-to-Market Road 89 on Park Road 32 and approximately 4 miles southwest of the intersection of Farm-to-Market Road 89 and Farm-to-Market Road 613 in Taylor County, Texas

THE CITY OF RANGER has applied for a renewal of TPDES Permit No. WQ0011557003, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 550,000 gallons per day. The facility is located on the northeast corner of Garrett Street and Lackland Avenue in the City of Ranger, approximately 2,500 feet north-northwest of the intersection of U.S. Highway 80 and Farm-to-Market Road 571 in Eastland County, Texas.

CITY OF O'BRIEN has applied for a renewal of TPDES Permit No. WQ0013616001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 7.1 acres of non-public access agricultural land. The facility is located approximately 0.8 mile north of the intersection of State Highway 6 and Farm-to-Market Road 2229, north of the City of O'Brien on the west side of State Highway 6 in Haskell County, Texas. The irrigation site is located on land adjacent to the wastewater treatment facilities.

SOUTHWEST MILAM WATER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014524001 which authorizes the discharge of filter backwash water at a daily average flow not to exceed 60,000 gallons per day. The facility is located on the west side of Milam County Road 334 approximately 3.5 miles south of U.S. Highway 79, 4 miles east of Rockdale in Milam County, Texas.

ALLOY POLYMERS TEXAS LP which operates Alloy Polymers WWTP, a plastics compounding plant, has applied for a renewal of TPDES Permit No. WQ0002207000, which authorizes the discharge of storm water and previously monitored effluent on a flow variable basis via Outfall 001; treated contact cooling water, boiler blowdown, cooling tower blowdown, process wash water, and separately treated domestic wastewater at a daily average flow not to exceed 180,000 gallons per day via internal Outfall 101; and treated domestic wastewater on an intermittent and flow variable basis via internal Outfall 201. The facility is located south of the intersection of State Highway 287 and Farm-to-Market Road 2160, approximately three miles north of the City of Crockett, Houston County, Texas.

CITY OF ALBANY has applied for a renewal of TPDES Permit No. WQ0010035001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 290,000 gallons per day. The facility is located approximately one mile southeast of the intersection of U.S. Highways 180 and 283; approximately 3200 feet east of U.S. Highway 283 in Shackelford County, Texas.

CITY OF NEEDVILLE has applied for a renewal of TPDES Permit No. WQ10343001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility is located at 14206 Church Street south of Buffalo Creek and south of the City of Needville, approximately 0.4 mile east and 0.8 mile south of the intersection of State Highway 36 and Farm-to-Market Road 1236 in Fort Bend County, Texas.

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated a minor modification WQ0010397005 of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to the Brownsville Public Utility Board, to incorporate a substantial modification to the approved pretreatment program. The Applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located located adjacent to and east of Robindale Road approximately half mile north of the intersection of Robindale Road and Farm-to-Market Road 802 in Cameron County, Texas.

THE CITY OF PLAINVIEW has applied for a renewal of TPDES Permit No. WQ0010537001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,300,000 gallons per day. The facility is located adjacent to Running Water Draw, approximately 2 miles southeast of the intersection of U.S. Highway 70 and State Highway Loop 445 (U.S. Highway-Business Route 87) in Hale County, Texas.

CITY OF WEST has applied for a renewal of TPDES Permit No. WQ0010544001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The current permit also authorizes distribution and marketing of sewage sludge. The facility is located approximately 2,000 feet northeast of the intersection of Farm-to-Market Road 2311 and Farm-to-Market Road 2114 in the City of West in McLennan County, Texas.

CITY OF ABERNATHY has applied for a renewal of Permit No. WQ0010774001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 380,000 gallons per day via surface irrigation of 180 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located northeast of the City of Abernathy, approximately 1.5 miles north and 0.2 mile east of the intersection of Interstate Highway 27 and Farm-to-Market Road 2060 in Hale County, Texas.

LAKE CONROE HILLS MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0011569001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 320,000 gallons per day. The facility is located near the shore of Lake Conroe at the intersection of Shoreline Drive and Lake Breeze Lane, 0.5 mile south of Farm-to-Market Road 1097 and approximately five miles west of the City of Willis in Montgomery County, Texas.

TEXAS PARKS AND WILDLIFE DEPARTMENT has applied for a renewal of Permit No. WQ0011704001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day via surface irrigation of 3.6 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. TCEQ received this application on October 29, 2008. The wastewater treatment facility and disposal site are located adjacent to Park Road 33 and about 0.5 mile due south of the boat ramps which are at the east terminus of Park Road 33 in Possum Kingdom State Park in Palo Pinto County, Texas.

PLANTATION MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011971001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 440,000 gallons per day. The applicant has requested that the 550,000 gallons per day final phase be deleted from the permit. The facility is located at 802 Tara Plantation Drive on the north bank of Rabbs Bayou, approximately 4,000 feet north of Booth-Richmond Road (Farm-to-Market Road 2759) and approximately 3,250 feet east of Crabb River Road in Fort Bend County, Texas.

TEXAS AMERICAN WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0014039001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 92,400 gallons per day. The facility is located approximately 1,300 feet south of County Road 424 and approximately 3,600 feet west of Mustang Road in Brazoria County, Texas.

AQUA DEVELOPMENT INC has applied for a renewal of TPDES Permit No. WQ0014147001 which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 220,000 gallons per day. The facility is located approximately 4,200 feet west of Farm-to-Market Road 3210 and approximately 2,900 feet west of the Brazos River in Hood County, Texas.

ACTION MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0014212001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 487,000 gallons per day. The applicant has requested that the 820,000 gallons per day final phase be deleted from the permit. The facility is located on the north bank of the Brazos River approximately 13.5 miles downstream of the De Cordova Bend Reservoir Dam and approximately 0.5 mile due west of the Pecan Plantation Airport in Hood County, Texas.

CITY OF MCGREGOR has applied for a renewal of TPDES Permit No. WQ0010219002, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,100,000 gallons per day. The facility is located adjacent to and west of State Highway 317, approximately 2 miles south of the intersection of U.S. Highway 84 and State Highway 317 in McLennan 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-200900851

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 25, 2009

Request for Proposals #303-9-10104-B

The Texas Facilities Commission (TFC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #303-9-10104-B. TFC seeks a five or ten year lease of approximately 4,948 square feet of office space in Southwest Tarrant County, Texas.

The deadline for questions is March 13, 2009 and the deadline for proposals is March 20, 2009 at 3:00 p.m. The award date is April 15, 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 a 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=81115.

TRD-200900719

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 19, 2009

The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety (DPS), announces the issuance of Request for Proposals (RFP) #303-9-11262. TFC seeks a five (5) and a ten (10) year lease of approximately 4,998 square feet of office space in Laredo, Texas.

The deadline for questions is March 18, 2009 and the deadline for proposals is March 31, 2009 at 3:00 p.m. The award date is April 15, 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 a 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=81138.

TRD-200900718

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 19, 2009

Notice of Approval of Coastal Boundary Survey

Pursuant to §33.136 of the Texas Natural Resources Code, notice is hereby given that Jerry Patterson, Commissioner of the General Land Office, approved a coastal boundary survey, submitted by George Rubalcaba, Licensed State Land Surveyor, conducted October 10, 2008, locating the following shoreline boundary:

Survey in Galveston County, a portion of the Texas Gulf Coast shoreline including the shoreline of the Michael B. Menard Survey, A-628 and the Edward Hall & Levi Jones Survey, A-121, along the Galveston Seawall from 10th Street to 61st Street.

For a copy of this survey or more information on this matter, contact Bill O'Hara Director of the Survey Division, Texas General Land Office by phone at (512) 463-5223, email Bill.O'Hara@glo.state.tx.us, or fax (512) 463-5098.

TRD-200900770

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: February 23, 2009

Request for Grant Applications for the Drug Court Program

The Criminal Justice Division (CJD) of the Governor's Office is soliciting applications for projects that support eligible drug court programs during the state fiscal year 2010 grant cycle.

Purpose: The purpose of the Drug Court Program is to support drug courts as defined in Chapter 469 of the Texas Health and Safety Code, which incorporate the following ten essential characteristics:

(1) The integration of alcohol and other drug treatment services in the processing of cases in the judicial system;

(2) The use of a non-adversarial approach involving prosecutors and defense attorneys to promote public safety and to protect the due process rights of program participants;

(3) Early identification and prompt placement of eligible participants in the program;

(4) Access to a continuum of alcohol, drug, and other related treatment and rehabilitative services;

(5) Monitoring of abstinence through weekly alcohol and other drug testing;

(6) A coordinated strategy to govern program responses to participants' compliance;

(7) Ongoing judicial interaction with program participants;

(8) Monitoring and evaluation of program goals and effectiveness;

(9) Continuing interdisciplinary education to promote effective program planning, implementation, and operations; and

(10) Development of partnerships with public agencies and community organizations.

Available Funding: Article 102.0178 of the Texas Code of Criminal Procedure establishes state funding for this purpose and designates CJD as the administering agency. Funds received under this article are deposited to the credit of the drug court account in the general revenue fund.

Standards: Grantees must comply with the standards applicable to this funding source cited in the Texas Administrative Code (1 TAC Chapter 3), and all statutes, requirements, and guidelines applicable to this funding.

Prohibitions: Grant funds may not be used to support the following services, activities, and costs:

(1) proselytizing or sectarian worship;

(2) lobbying;

(3) vehicles or equipment for government agencies that are for general agency use;

(4) weapons, ammunition, explosives or military vehicles;

(5) admission fees or tickets to any amusement park, recreational activity or sporting event;

(6) promotional gifts;

(7) food, meals, beverages, or other refreshments unless the expense is for a working event where full participation by participants mandates the provision of food and beverages and the event is not related to amusement and/or social activities in any way;

(8) membership dues for individuals;

(9) any expense or service that is readily available at no cost to the grant project or that is provided by other federal, state or local funds (e.g., supplanting);

(10) fundraising;

(11) construction;

(12) medical services; and

(13) transportation, lodging, per diem or any related costs for participants, who attend training developed or coordinated using grant funds.

Eligible Applicants: Counties and Municipalities.

Requirements:

(1) The presiding judge of a drug court funded under this RFA must be an active judge holding elective office, master or magistrate.

(2) Pursuant to Texas Health and Safety Code §469.006, counties with populations of more than 200,000 are required to establish a drug court. Applicants from these counties must apply for federal and state funds available to pay the costs of the program.

(3) Applicants may apply to use state drug court funds to provide a portion of the required cash match for federal drug court grants.

Project Period: Grant-funded projects must begin on or after September 1, 2009, and expire on or before August 31, 2010.

Application Process: Applicants must access CJD's grant management website at https://cjdonline.governor.state.tx.us to register and apply for funding.

Preferences: Preference will be given to mandated drug courts under Texas Health and Safety Code, §469.006.

Closing Date for Receipt of Applications: All applications must be certified via CJD's eGrants website on or before May 1, 2009.

Selection Process: Applications will be reviewed by CJD staff members or a group selected by the executive director of CJD. CJD will make all final funding decisions based on eligibility, reasonableness of the project, availability of funding, and cost-effectiveness.

Contact Person: If additional information is needed, contact Raoul Rivera at raoul.rivera@governor.state.tx.us or at (512) 463-1919.

TRD-200900849

Kevin Green

Assistant General Counsel

Office of the Governor

Filed: February 25, 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 March 30, 2009, at 10:00 a.m. to receive public comment on the proposed interim per diem Medicaid reimbursement rate for large, state-operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR) 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 1 Texas Administrative Code (TAC), §355.105(g), which requires public notice and hearings on proposed Medicaid reimbursements before such rates are approved by HHSC. 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 Josie Wheatfall by calling (512) 491-1445, at least 72 hours prior to the hearing so appropriate arrangements can be made.

Proposal. As the single state agency for the state Medicaid program, HHSC proposes the following interim reimbursement rates for large state-operated ICF/MR facilities operated by DADS:

Large State-Operated ICF/MR Facilities - Medicaid Only clients

Proposed interim daily rate: $409.98

Large State-Operated ICF/MR Facilities - Dual-eligible Medicaid/Medicare clients

Proposed interim daily rate: $392.41

HHSC is proposing these interim rates so that adequate funds will be available to serve clients in these facilities. The proposed interim rates account for actual and projected increases in costs to operate these facilities. The proposed interim rates will be effective September 1, 2008, if approved.

Methodology and Justification. The proposed rates were determined in accordance with the rate setting methodologies codified at 1 TAC §355.456(e), relating to Reimbursement Methodology.

Briefing Package. A briefing package describing the proposed payment rates will be available on March 16, 2009. Interested parties may obtain a copy of the briefing package prior to the hearing by contacting Josie Wheatfall by telephone at (512) 491-1445; by fax at (512) 491-1998; or by e-mail at Josie.Wheatfall@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 Josie Wheatfall, Health and Human Services Commission, Rate Analysis, Mail Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Josie Wheatfall at (512) 491-1445; or by e-mail to Josie.Wheatfall@hhsc.state.tx.us. In addition, written comments may be sent by overnight mail or hand delivered to Josie Wheatfall, HHSC, Rate Analysis, Mail Code H-400, Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.

TRD-200900766

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 20, 2009

Licensing Actions for Radioactive Materials

TRD-200900771

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 23, 2009

Proposed Fiscal Year 2009 Research Agenda for the Texas Department of Insurance Workers' Compensation Research and Evaluation Group

Labor Code §405.0026 requires the Commissioner of Insurance to adopt an annual research agenda for the Workers' Compensation Research and Evaluation Group (REG) at the Texas Department of Insurance (Department). Labor Code §405.0026 also requires the Department to publish a proposed research agenda in the Texas Register for public review and comment and the Commissioner of Insurance to hold a public hearing on the proposed research agenda if requested by a member of the public.

In November 2008, the REG posted a public request to stakeholders and the general public for research agenda suggestions on the Department's website. After reviewing responses from the general public, the REG developed the proposed FY 2009 Research Agenda using the following criteria:

Is the proposed research project required by statute or likely to be part of an upcoming legislative review?

Will the results of the proposed research project address the information needs of multiple stakeholder groups and/or legislative committees?

Are there available data to complete the project or can data be obtained easily and economically to complete the project?

Does the REG have sufficient resources to complete the project within FY 2009?

Based upon the responses received and the criteria outlined above, the REG proposes the following set of projects for the FY 2009 Research Agenda for public review and comment:

1. Completion and publication of the third edition of Workers' Compensation Health Care Network Report Card (required under Insurance Code §1305.502 and Labor Code §405.0025).

2. Continuing examination of the frequency of employers and workers' compensation claims participating in certified health care delivery networks.

3. An annual update of return-to-work outcomes for injured workers using data from the Texas Workforce Commission, including an examination of the characteristics associated with injured workers and employers who could benefit most from return-to-work outreach and coordination efforts.

4. An analysis of the expanded role and impact of designated doctors in the Texas workers' compensation system since the passage of House Bill (HB) 7 in 2005 in resolving new issues such extent of injury; the ability of a worker to return-to-work; and whether a worker's disability is a direct result of the compensable injury.

5. A preliminary analysis of the impact of the adoption of the Official Disability Guidelines-Treatment in Workers' Comp (ODG), published by Work Loss Data Institute (WLDI) in accordance with §413.011, Labor Code, on non-network treatment utilization, medical costs, and other injured worker outcomes.

6. A survey of the types of benefit data nonsubscribing employers currently collect for occupational injuries and illnesses and a survey of the methods used by nonsubscribing employers to evaluate the cost and quality of their benefit programs.

REQUEST FOR PUBLIC COMMENT OR PUBLIC HEARING. To be considered, written comments on the proposed FY 2009 Research Agenda must be submitted no later than 5:00 p.m. on April 6, 2009, to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be simultaneously submitted to D.C. Campbell, Director, Workers' Compensation Research and Evaluation Group, Mail Code 105-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any request for a public hearing should be submitted separately to the Office of the Chief Clerk before the close of the public comment period. If a hearing is held, written and oral comments presented at the hearing will be considered. For questions regarding the proposed agenda please contact D.C. Campbell at wcresearch@tdi.state.tx.us.

TRD-200900856

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 25, 2009

Public Notice - Revised Enforcement Plan

The Texas Commission of Licensing and Regulation ("Commission") provides this public notice that at its meeting held February 3, 2009, the Commission adopted the Texas Department of Licensing and Regulation's ("Department") revised enforcement plan, which was established in compliance with Texas Occupations Code, §51.302(c).

The enforcement plan gives all license holders notice of the specific ranges of penalties and license sanctions that apply to specific alleged violations of the statutes and rules enforced by the Department. The enforcement plan also presents the criteria that are considered by the Department's Enforcement Division staff in determining the amount of a proposed administrative penalty or the magnitude of a proposed sanction.

In 2007, the 80th Legislature created the "Discount Health Care Programs Act" by adding a new Chapter 76 to Subtitle C, Title 2 of the Texas Health and Safety Code and giving the authority to regulate this new chapter to the Department. The Discount Health Care Program Act provides for the registration of discount health card card program operators with each of their programs and for the regulation of these programs' operations. The Department's revised enforcement plan includes penalty matrices for Discount Health Card Card Operators consistent with the administrative rules that were adopted effective January 1, 2008.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.license.state.tx.us. You may also contact the Department's Enforcement Division by telephone at (512) 539-5600 or by e-mail at enforcement@license.state.tx.us to obtain a copy of the revised plan.

TRD-200900801

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: February 23, 2009

Notice of Public Comment Hearing

A public hearing to receive public comments regarding proposed amendments to 16 TAC §402.402 relating to Registry of Bingo Workers, will be held on March 18, 2009, at 10:00 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200900802

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 23, 2009

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

The Public Utility Commission of Texas received an application on February 19, 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 Marcus Cable Associates, L.L.C. d/b/a Charter Communications for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36715 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the Town of Shady Shores, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36715.

TRD-200900838

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 24, 2009

The Public Utility Commission of Texas received an application on February 20, 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 Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36726 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the municipality of Horizon City, Texas.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 36726.

TRD-200900842

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 24, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 23, 2009, for an amendment to certificated service area for a service area exception within Kendall County, Texas.

Docket Style and Number: Application of Central Texas Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for Electric Service Area Exception within Kendall County. Docket Number 36730.

The Application: Central Texas Electric Cooperative, Inc. (CTEC) filed an application for a service area boundary exception to allow CTEC to provide service to a specific customer located within the certificated service area of Bandera Electric Cooperative, Inc. (BEC). BEC has provided a letter of concurrence for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than March 13, 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 36730.

TRD-200900841

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 24, 2009

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 19, 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 TelCentris Communications, LLC for a Service Provider Certificate of Operating Authority, Docket Number 36721 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, and long distance services.

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

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 11, 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 36721.

TRD-200900839

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 24, 2009

Notice is given to the public of an application filed on February 20, 2009 with the Public Utility Commission of Texas for waiver from the requirements in P.U.C. Substantive Rule §26.420(f)(3)(B).

Docket Style and Number: Application of Flat Wireless, LLC for Waiver to Apply Safe Harbor Percentage to Calculate Texas Universal Service Fund (TUSF) Assessment Pursuant to P.U.C. Substantive Rule §26.420(f). Docket Number 36725.

The Application: Flat Wireless is a Commercial Mobile Radio Service (CMRS) provider. Flat Wireless states that it has elected to use the safe-harbor percentage approved by the Commission for its classification of telecommunications service provided. Flat Wireless requests that the commission grant it a permanent waiver from the requirements contained in P.U.C. Substantive Rule §26.420(f)(3)(A) to allow Flat Wireless to use the commission-ordered safe-harbor TUSF assessment methodology to calculate TUSF assessments.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas by March 16, 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 36725.

TRD-200900840

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 24, 2009

Request for Proposals for the Regional Interoperable Communications Plan

The South East Texas Regional Planning Commission seeks a qualified contractor(s) to improve interoperable communications capabilities and to support the implementation of the Texas Statewide Communication Interoperability Plan (SCIP) in the South East Texas region of Hardin, Jefferson and Orange Counties. The specific deliverables to accomplish this objective are:

Revising the Regional Interoperable Communications Plan (RICP) to describe how the region will achieve interoperability by 2015 to the level established by the Texas SCIP;

Establishing a Regional Standard Operating Procedure (SOP) to the level established by the Texas SCIP;

Entering communications equipment in the South East Texas region into the Communications Asset Survey and Mapping (CASM) to the standard and by the date established in the Texas SCIP and

Identification of interoperability training needs in the region for 2010-2015.

Deadline for completion of deliverables is November 2, 2009. Contract is not considered fulfilled until the RICP and the Regional SOP have been approved by the Texas Radio Coalition (TxRC), Governor's Division of Emergency Management (GDEM) and the South East Texas Regional Planning Commission (SETRPC) Executive Committee and until the successful completion of equipment entry into CASM to level required by TxRC and GDEM.

To receive a proposal package; please contact Sue Landry at (409) 899-8444, ext. 7514, slandry@setrpc.org or Robert Grimm at (409) 899-8444, ext. 7513, rgrimm@setrpc.org.

Final proposals are due by 12:00 noon on Monday, March 23, 2009 to SETRPC, 2210 Eastex Freeway, Beaumont, Texas 77703, Attn: Sue Landry. Fax or e-mail proposals will not be accepted. Proposals will be reviewed by the Interoperability Subcommittee based upon the criteria outlined in the Request for Proposal.

TRD-200900829

Jim Borel

Director of Finance

South East Texas Regional Planning Commission

Filed: February 24, 2009

Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Monday, March 16, 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 March 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 March 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 March 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 Friday, March 13, 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, April 20, 2009, at 4:00 p.m.

TRD-200900850

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 25, 2009

Public Notice - Announcement of Finalist for the Position of Director of the Texas Engineering Experiment Station

Pursuant to §552.123, Texas Government Code, the following candidate is the finalist for the position of Director of the Texas Engineering Experiment Station. Upon the expiration of 21 days, final action is to be taken by the Board of Regents of The Texas A&M University System:

Dr. G. Kemble Bennett

TRD-200900836

Vickie Burt Spillers

Executive Secretary to the Board of Regents

Texas A&M University System Board of Regents

Filed: February 24, 2009

Request for Quotes

On February 23, 2009, Workforce Solutions Brazos Valley Board (WSBVB) will release a Request for Quote (RFQ) for speakers for child care provider workshops and for employer business seminars. The quote requirements are contained in the Request for Quote which may be viewed and printed on line at www.bvjobs.org. The Board is seeking one or more contractors to provide the requested services.

Due Date:

An original and four copies of a written proposal are due to the Board's offices no later than 4:00 p.m. on March 23, 2009. No quotes will be accepted after this deadline.

Quotes may be hand delivered to:

Trish Buck, Program Manager

Workforce Solutions Brazos Valley Board

3991 East 29th St.

Bryan, Texas 7780

Attention: Workshop Speakers RFQ Response

Quotes may be mailed to:

Trish Buck, Program Manager

Workforce Solutions Brazos Valley Board

P.O. 4128

Bryan, Texas 77805

Attention: Workshop Speakers RFQ Response

Potential respondents may pose written questions concerning this RFQ by email. Contact Trish Buck, Program Manager at pbuck@bvcog.org. No questions will be accepted after March 16, 2009. The contact person for this RFQ is Trish Buck (979) 595-2800.

TRD-200900713

Tom Wilkinson

Executive Director

Workforce Solutions Brazos Valley Board

Filed: February 18, 2009