An agreed order was entered regarding A & K Enterprises, Inc. dba Mini Mart 2, Docket No. 2003-1261-PWS-E on 02/24/2006 assessing $4,318 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Edward Moderow, Enforcement Coordinator, at (512) 239-2680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Poteet, Docket No. 2003-1277-MWD-E on 02/24/2006 assessing $18,275 in administrative penalties with $3,655 deferred.

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

An agreed order was entered regarding Robert Schreier, Docket No. 2003-1468-MSW-E on 02/24/2006 assessing $2,850 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 Preston Club Utility Corporation, Docket No. 2003-0406-MWD-E on 02/24/2006 assessing $32,500 in administrative penalties with $6,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator, at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Mount Calm, Docket No. 2003-0076-MWD-E on 02/24/2006 assessing $16,250 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Pamela 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 Czech Catholic Home For The Aged, Docket No. 2003-1360-MWD-E on 02/24/2006 assessing $6,955 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Scott Barnett, Enforcement Coordinator, at (713) 767-3523, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Duke Energy Field Services, L.P., Docket No. 2004-0209-AIR-E on 02/24/2006 assessing $23,625 in administrative penalties with $4,725 deferred.

An agreed order was entered regarding Our Lady of Guadalupe Catholic Church, Docket No. 2004-0302-EAQ-E on 02/24/2006 assessing $3,060 in administrative penalties.

An agreed order was entered regarding Rod Packard dba Packard Tire Service, Docket No. 2004-0327-MSW-E on 02/24/2006 assessing $2,600 in administrative penalties with $520 deferred.

An agreed order was entered regarding City of Galena Park, Docket No. 2004-0554-MWD-E on 02/24/2006 assessing $2,550 in administrative penalties with $510 deferred.

An agreed order was entered regarding Regional Transportation Authority, Docket No. 2004-0736-PST-E on 02/24/2006 assessing $3,750 in administrative penalties with $750 deferred.

An agreed order was entered regarding Ram Krupa Corporation, Docket No. 2004-0908-PST-E on 02/24/2006 assessing $5,250 in administrative penalties with $1,050 deferred.

An agreed order was entered regarding City of Hooks, Docket No. 2004-1112-MWD-E on 02/24/2006 assessing $3,900 in administrative penalties with $780 deferred.

Information concerning any aspect of this order may be obtained by contacting Ruben Soto, Enforcement Coordinator, at (512) 239-4571, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Pool Company Texas LTD., Docket No. 2004-1151-MLM-E on 02/24/2006 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Joseph Daley, Enforcement Coordinator, at (512) 239-3308, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Southern Cross Rentals, Inc. dba Budget Service Center, Docket No. 2004-1177-PST-E on 02/24/2006 assessing $7,350 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 Lake Conroe Hills Municipal Utility District, Docket No. 2004-1321-MWD-E on 02/24/2006 assessing $4,270 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator, at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wright Materials, Inc., Docket No. 2004-1400-AIR-E on 02/24/2006 assessing $10,000 in administrative penalties.

A default order was entered regarding David Watson dba Gew Chevron, Docket No. 2004-1429-PST-E on 02/24/2006 assessing $3,150 in administrative penalties.

A default order was entered regarding Shawn Fuller dba Country Village Mobile Home Park, Docket No. 2004-1495-PWS-E on 02/24/2006 assessing $18,055 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shannon Strong, Staff Attorney, at (512) 239-0252, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding La Porte Methanol Company, L.P., Docket No. 2004-1673-AIR-E on 02/24/2006 assessing $66,990 in administrative penalties.

A default order was entered regarding Mahakali Group, Inc. dba Alco Food Mart, Docket No. 2004-1731-PST-E on 02/24/2006 assessing $3,150 in administrative penalties.

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

An agreed order was entered regarding City of Anson, Docket No. 2004-1887-MLM-E on 02/24/2006 assessing $3,480 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Brent Hurta, Enforcement Coordinator, at (512) 239-6589, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Total Petrochemicals USA, Inc., Docket No. 2004-2037-IWD-E on 02/24/2006 assessing $22,000 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator, at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2004-2052-AIR-E on 02/24/2006 assessing $4,704 in administrative penalties with $941 deferred.

A default order was entered regarding Liborio Cruces, Docket No. 2004-2107-MSW-E on 02/24/2006 assessing $15,750 in administrative penalties.

An agreed order was entered regarding City of Wichita Falls, Docket No. 2005-0077-MSW-E on 02/24/2006 assessing $2,625 in administrative penalties.

An agreed order was entered regarding Sabrina Investments, Inc. dba Corner Store, Docket No. 2005-0086-PST-E on 02/24/2006 assessing $2,140 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator, at (210) 490-3095, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hilco United Services, Inc. dba Rocky Creek Water System, Docket No. 2005-0089-PWS-E on 02/24/2006 assessing $1,998 in administrative penalties with $400 deferred.

An agreed order was entered regarding Schenectady International, Inc., Docket No. 2005-0136-AIR-E on 02/24/2006 assessing $11,450 in administrative penalties with $2,290 deferred.

A default order was entered regarding Sarbali Oil, Inc. dba Pineland Mobil, Docket No. 2005-0428-PST-E on 02/24/2006 assessing $9,000 in administrative penalties.

An agreed order was entered regarding City of Jasper, Docket No. 2005-0444-MWD-E on 02/24/2006 assessing $9,095 in administrative penalties with $1,819 deferred.

A default order was entered regarding Ahmad Sheikh dba Majestic Food Mart, Docket No. 2005-0510-PST-E on 02/24/2006 assessing $2,100 in administrative penalties.

A default order was entered regarding Rajeev Khatry dba BJS Food Store, Docket No. 2005-0569-PST-E on 02/24/2006 assessing $3,150 in administrative penalties.

An agreed order was entered regarding City of Fairfield, Docket No. 2005-0576-MWD-E on 02/24/2006 assessing $17,700 in administrative penalties with $3,540 deferred.

An agreed order was entered regarding Sheuli Investments, Inc. dba J & S Mart, Docket No. 2005-0652-PST-E on 02/24/2006 assessing $3,500 in administrative penalties.

An agreed order was entered regarding Jack Restivo, Docket No. 2005-0668-MSW-E on 02/24/2006 assessing $2,100 in administrative penalties.

An agreed order was entered regarding BP Products North America Inc., Docket No. 2005-0706-AIR-E on 02/24/2006 assessing $14,900 in administrative penalties with $2,980 deferred.

An agreed order was entered regarding Morgan Oil Company, Docket No. 2005-0721-PST-E on 02/24/2006 assessing $2,400 in administrative penalties with $480 deferred.

An agreed order was entered regarding USA Meat and Grain Co., Inc., Docket No. 2005-0749-AIR-E on 02/24/2006 assessing $4,000 in administrative penalties with $800 deferred.

An agreed order was entered regarding Nucor Corporation, Docket No. 2005-0815-AIR-E on 02/24/2006 assessing $8,000 in administrative penalties with $1,600 deferred.

An agreed order was entered regarding Sunoco, Inc. (R&M), Docket No. 2005-1150-AIR-E on 02/24/2006 assessing $12,750 in administrative penalties with $2,550 deferred.

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

An agreed order was entered regarding East Cedar Creek Fresh Water Supply District, Docket No. 2005-1158-PWS-E on 02/24/2006 assessing $1,965 in administrative penalties.

An agreed order was entered regarding City of Cottonwood Shores, Docket No. 2005-1178-PWS-E on 02/24/2006 assessing $635 in administrative penalties.

An agreed order was entered regarding City of Midway, Docket No. 2005-1226-PWS-E on 02/24/2006 assessing $635 in administrative penalties.

An agreed order was entered regarding AT&T Communications, Inc., Docket No. 2005-1240-PST-E on 02/24/2006 assessing $4,500 in administrative penalties with $900 deferred.

An agreed order was entered regarding City of Runaway Bay, Docket No. 2005-1248-PWS-E on 02/24/2006 assessing $323 in administrative penalties.

An agreed order was entered regarding Ramos Industries, Inc., Docket No. 2005-1252-AIR-E on 02/24/2006 assessing $3,150 in administrative penalties with $630 deferred.

An agreed order was entered regarding Hill Sand Company, Inc., Docket No. 2005-1267-WQ-E on 02/24/2006 assessing $7,850 in administrative penalties with $1,570 deferred.

An agreed order was entered regarding Attebury Grain, LLC, Docket No. 2005-1271-AIR-E on 02/24/2006 assessing $2,000 in administrative penalties with $400 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 Nooruddin Hirani dba King Valley Grocery, Docket No. 2005-1367-PST-E on 02/24/2006 assessing $6,000 in administrative penalties with $1,200 deferred.

Information concerning any aspect of this order may be obtained by contacting Sherronda Martin, Enforcement Coordinator, at (713) 767-3680, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shelbyville Water Supply Corporation, Docket No. 2005-1394-PWS-E on 02/24/2006 assessing $635 in administrative penalties.

An agreed order was entered regarding Victoria Martinez, Docket No. 2005-1404-PST-E on 02/24/2006 assessing $800 in administrative penalties with $160 deferred.

An agreed order was entered regarding David Von Der Heide dba Drentex Dairy, Docket No. 2005-1411-AGR-E on 02/24/2006 assessing $3,395 in administrative penalties with $679 deferred.

An agreed order was entered regarding Liberty City Water Supply Corporation, Docket No. 2005-1448-MWD-E on 02/24/2006 assessing $1,595 in administrative penalties with $319 deferred.

An agreed order was entered regarding Kinder Morgan Texas Pipeline, L.P., Docket No. 2005-1511-AIR-E on 02/24/2006 assessing $2,125 in administrative penalties with $425 deferred.

An agreed order was entered regarding Good Time Stores, Inc., Docket No. 2005-1543-AIR-E on 02/24/2006 assessing $1,300 in administrative penalties with $260 deferred.

An agreed order was entered regarding Harris County Municipal Utility District 284, Docket No. 2005-1600-MWD-E on 02/24/2006 assessing $1,700 in administrative penalties with $340 deferred.

An agreed order was entered regarding Hexion Specialty Chemicals, Inc., Docket No. 2005-1610-AIR-E on 02/24/2006 assessing $9,000 in administrative penalties.

An agreed order was entered regarding City of Garl, Docket No. 2005-1621-AIR-E on 02/24/2006 assessing $2,425 in administrative penalties with $485 deferred.

An agreed order was entered regarding Frito-Lay, Inc., Docket No. 2005-1622-IWD-E on 02/24/2006 assessing $6,417 in administrative penalties with $1,283 deferred.

An agreed order was entered regarding City of Houston, Docket No. 2005-1624-MWD-E on 02/24/2006 assessing $4,650 in administrative penalties with $930 deferred.

An agreed order was entered regarding Echo Hill Ranch, Inc. dba Echo Hill Ranch Youth Camp, Docket No. 2005-1648-PWS-E on 02/24/2006 assessing $1,220 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator, at (254) 751-0335, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Owens Corning, Docket No. 2005-1668-AIR-E on 02/24/2006 assessing $5,850 in administrative penalties with $1,170 deferred.

An agreed order was entered regarding Gandaf USA, Inc. dba Speedy Mart, Docket No. 2005-1678-PST-E on 02/24/2006 assessing $2,400 in administrative penalties with $480 deferred.

An agreed order was entered regarding Bill Mayhew dba Wood Trail Water Supply, Docket No. 2005-1692-PWS-E on 02/24/2006 assessing $210 in administrative penalties with $42 deferred.

An agreed order was entered regarding Ennis-Tractebel Power Company, LP, Docket No. 2005-1695-AIR-E on 02/24/2006 assessing $2,375 in administrative penalties with $475 deferred.

An agreed order was entered regarding Alkarim, Inc. dba Alvin Pantry, Docket No. 2005-1750-PST-E on 02/24/2006 assessing $3,800 in administrative penalties with $760 deferred.

TRD-200601508

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 8, 2006

Notice of District Petition

Notice mailed March 1, 2006:

TCEQ Internal Control No. 02152006-D10; Elmer McLester, Trustee (Petitioner) filed a petition for creation of Parkside at Mayfield Ranch Municipal Utility District of Williamson County (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 TAC Chapter 293; and the procedural rules of the TCEQ. The petition states the following: (1) the Petitioner is the owner of a majority in value of the land to be included in the proposed District; (2) there are no lien holders on the property to be included in the proposed District; (3) the proposed District will contain approximately 370.31 acres located within Williamson County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Round Rock, Texas, and no portion of land within the proposed District is within the corporate limits or extraterritorial jurisdiction of any other city, town or village in Texas. By Resolution No. R-05-04-14-14D2, effective April 14, 2005, the City of Round Rock, Texas, gave its consent to the creation of the proposed District. The petition further states that the proposed District will: (1) purchase, construct, acquire, maintain, and operate a waterworks and sanitary sewer system for residential and commercial purposes; (2) construct, acquire, maintain, and operate works, improvements, facilities, plants, equipment, and appliances helpful or necessary to provide more adequate drainage for the property in the proposed District; (3) control local storm waters; and (4) purchase, construct, acquire, improve, maintain, and operate additional facilities, systems, plants, and enterprises consistent with the purposes for which the District is created, all as more particularly described in an engineer's report filed simultaneously with the filing of the petition. According to the petition, the Petitioner has conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $30,000,000.

INFORMATION SECTION

The TCEQ may grant a contested case hearing on a petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing"; (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed district's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below.

The Executive Director may approve a petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of the notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court.

Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team at (512) 239-4691. Si desea informacion en Espanol, puede llamar al 1-800-687-4040. General information regarding the TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200601507

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 8, 2006

Notice of Meeting on April 27, 2006, in Rogers, Bell County, Texas Concerning the Mineral Wool Insulation Manufacturing Company (Site)

The purpose of the meeting is to obtain public input and information concerning proposal of the site to the state registry of Superfund sites, the identification of potentially responsible parties, and the proposal of non-residential land use.

The Texas Commission on Environmental Quality (TCEQ or commission) is required under the Texas Solid Waste Disposal Act, Health and Safety Code, Chapter 361, as amended (the Act), to annually publish a state registry that identifies facilities that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The most recent registry listing of these facilities was published in the April 29, 2005, issue of the Texas Register (30 TexReg 2583).

Pursuant to the Act, §361.184(a), the commission must publish a notice of intent to list a facility on the state registry of state Superfund sites in the Texas Register and in a newspaper of general circulation in the county in which the site is located. With this publication, the commission hereby gives notice of a site that the executive director has determined eligible for listing and which the executive director proposes to list on the state registry. By this publication, the commission also gives notice pursuant to the Act, §361.1855, that it proposes a land use other than residential as appropriate for the site identified. The commission proposes a commercial/industrial land use designation. Determination of appropriate land use may impact the remedial investigation and remedial action for the site. The TCEQ is proposing a land use designation of commercial/industrial based on the existing land use of the property, as is prescribed in the Texas Risk Reduction Program rule at 30 TAC §350.53.

This publication also specifies the general nature of the potential endangerment to public health and safety or the environment as determined by information currently available to the executive director. This notice of intent to list this site was also published on March 16, 2006, in The Cameron Herald and on March 17, 2006, in the Temple Daily Telegram .

The site proposed for listing is the Mineral Wool Insulation Manufacturing Company, located on Shaw Road in Rogers, Bell County, Texas. The geographic coordinates of the site are Latitude 30 degrees 56 minutes 41.91008 seconds North and Longitude 97 degrees 14 minutes 23.65089 seconds West and the approximate site elevation is 650 feet mean sea level. The description of the site is based on information available at the time the site was evaluated with the Hazard Ranking System (HRS). The HRS is the principal screening guide used by the commission to evaluate potential, relative risk to public health and the environment from releases or threatened releases of hazardous substances. The site description may change as additional information is gathered on the sources and extent of contamination.

The Mineral Wool Insulation Manufacturing Company site began operation in approximately February 1981. It is currently inactive with no known residents or workers on-site. The property is roughly 19 acres in size. Mineral Wool Insulation Manufacturing Company manufactured and produced blow wool and batt wool using blast furnaces from raw material such as slags from copper and antimony smelting, waste from limestone mining, as well as coke and basalts. The raw material was melted in a coke-fired furnace and then extruded by blowing air over spinning drums to form fibers. The residue left in the furnace from the heating of the slags was a metal shot type material. This spent iron shot was the main waste type generated as part of the mineral wool process.

A public meeting will be held April 27, 2006, at 7:00 p.m., at The Civic Center, located at 4 West Mesquite, Rogers, Texas 76569. The purpose of this meeting is to obtain additional information regarding the site relative to its eligibility for listing on the state registry, identify additional potentially responsible parties, and obtain public input and information regarding the appropriate use of land on which the site that is the subject of this notice is located. The public meeting is not a contested case hearing under the Texas Administrative Procedure Act (Texas Government Code, Chapter 2001).

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received by 5:00 p.m., April 26, 2006, and should be sent in writing to Kristian Mauricio, Project Manager, TCEQ, Remediation Division, MC 136, P.O. Box 13087, Austin, Texas 78711-3087 or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on April 27, 2006.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Temple Public Library, 100 West Adams Avenue, Temple, Texas 76501, (254) 298-5702, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking is available on the east side of Building D, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program on the TCEQ Web site located at www.tceq.state.tx.us/remediation/superfund/index.html .

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call Crystal Taylor, TCEQ Community Relations, at (800) 633-9363.

TRD-200601430

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 7, 2006

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; 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. 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 17, 2006 . 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 a proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.

A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. 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 17, 2006 . 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, comments on the DOs should be submitted to the commission in writing .

(1) COMPANY: Bill's Drive Ins, Inc. dba Bill's Drive In; DOCKET NUMBER: 2005-1344-PST-E; TCEQ ID NUMBERS: 36876 and RN103025011; LOCATION: 616 North Wharton Street, El Campo, Wharton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $3,150; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Igloo Products, Corp.; DOCKET NUMBER: 2003-1357-IWD-E; TCEQ ID NUMBER: RN101919280; LOCATION: 1001 West Sam Houston Parkway North, Houston, Harris County, Texas; TYPE OF FACILITY: manufacturing plant; RULES VIOLATED: 30 TAC §305.125(1); Texas Water Code (TWC), §26.121(a); and Texas Pollutant Discharge Elimination System Permit Number 0002229-000, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permit limit for total Selenium daily average at Outfall 001A; PENALTY: $2,000; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(3) COMPANY: Mehmood Lakhani dba C-Store; DOCKET NUMBER: 2002-0751-PST-E; TCEQ ID NUMBER: RN102360716; LOCATION: 110 North Story Road, Irving, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §115.246(7)(A), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records on site at the station and available for review; 30 TAC §115.245(2), and THSC, §382.085(b), by failing to conduct an annual pressure decay test on the Stage II vapor recovery system; 30 TAC §115.242(3)(A), (B), and (4), and THSC, §382.085(b), by failing to ensure that no gasoline leaks, as detected by sampling, sight, sound, or smell, existed anywhere in the dispensing equipment and by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding the USTs; 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to ensure that the TCEQ UST registration and self-certification form was submitted to the commission in a timely manner; 30 TAC §334.49(a), and TWC, §26.3475(d), by failing to install a method of corrosion protection for the UST system; 30 TAC § 37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of the petroleum USTs; 30 TAC §334.50(b)(1)(A) and (2), and TWC, §26.3475(a), by failing to provide proper release detection for the product piping associated with the UST system and by failing to ensure that all tanks were monitored for releases at a frequency of at least once every month; 30 TAC §334.10(b)(1)(B), by failing to provide petroleum storage tank delivery records upon request by the TCEQ; and 30 TAC §334.22(a), and TWC, §5.702 and §26.358(d), by failing to pay outstanding UST fees for Fiscal Years 1997 - 2004, along with associated late fees and interest; PENALTY: $17,120; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: Wayne Chadick dba A & A Longhorn Trailer Park; DOCKET NUMBER: 2005-1386-PWS-E; TCEQ ID NUMBERS: RN101203677; LOCATION: 17010 Interstate Highway 40 West, Amarillo, Potter County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.274(a), (b), and (c), by failing to provide the 2000, 2001, 2002, and 2003 Consumer Confidence Report to each bill paying customer and the commission, and make a good faith effort to reach customers who do not receive water bills; TCEQ Administrative Agreed Order Docket Number 2001-1283-PWS-E, Ordering Provisions, Paragraph 1, by failing to pay $1,100 of the $1,250 administrative penalty assessed in the order; 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A), and THSC, §341.033(d), by failing to collect routine water samples for bacteriological analysis and by failing to post a public notification for the months of March, May, October, and December 2004, and March 2005; PENALTY: $2,505; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Amarillo Regional Office, 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(5) COMPANY: William C. Barfield; DOCKET NUMBER: 2005-0883-LII-E; TCEQ ID NUMBERS: 25520 and RN103567715; LOCATION: 145 Adobe Court, Hudson Oaks, Parker County, Texas; TYPE OF FACILITY: landscape irrigation; RULES VIOLATED: 30 TAC §344.61(a), by failing to sign his legal name and affix the imprint of the seal over the signature on a contract executed on June 28, 2003, for the sale and installation of a landscape irrigation system on residential property; 30 TAC §344.94(b), by failing to ensure that a contract executed on June 28, 2003, for the sale and installation of a landscape irrigation system included the statement "irrigation in Texas is regulated by the Texas Natural Resource Conservation Commission," P.O. Box 13087, Austin, Texas 78711-3087; PENALTY: $263; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200601495

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 7, 2006

Notice of Opportunity to Comment on Settlement Agreements of Administrative Enforcement Actions

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that, before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 17, 2006 . 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 the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 17, 2006 . Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO should be submitted to the commission in writing .

(1) COMPANY: AVS Management Inc. dba Toor Shell Food Mart; DOCKET NUMBER: 2005-1191-PST-E; TCEQ ID NUMBER: RN101890978; LOCATION: 9875 North Houston Rosslyn Road, Houston, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance for taking corrective action and for compensating third parties for bodily and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); PENALTY: $1,050; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(2) COMPANY: Century Industrial Coatings Incorporated; DOCKET NUMBER: 2003-1266-MLM-E; TCEQ ID NUMBERS: RN101933976, 87233, F1590, 47583, and CJ0159M; LOCATION: United States Highway 69, 0.5 miles south of Loop 456, near Jacksonville, Cherokee County, Texas; TYPE OF FACILITY: paint manufacturing plant; RULES VIOLATED: 30 TAC §335.62 and 40 Code of Federal Regulations (CFR) §262.11, by failing to conduct a proper waste determination; 30 TAC §116.115(c) and §335.4, and Air Quality Permit Number 47583, Special Condition Number 9, by failing to prevent an unauthorized discharge; 30 TAC §335.69(d)(1) and (2), and §335.262(c)(2)(A) and (F), and CFR §262.34(c)(1)(ii), by failing to close label hazardous waste containers; 30 TAC §335.2(b), by failing to dispose of an industrial hazardous waste at an authorized site; and 30 TAC §116.110(a), and Texas Health and Safety Code (THSC), §382.085(b), by failing to authorize air emissions; PENALTY: $14,400; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(3) COMPANY: Charles Harrell; DOCKET NUMBER: 2005-1273-LII-E; TCEQ ID NUMBER: RN103565396; LOCATION: 4621 South Cooper, Suite 131-129, Arlington, Tarrant County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §344.4(a) and §30.5(a) and (b), Texas Water Code (TWC), §37.003, 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: $1,250; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: City of Elsa; DOCKET NUMBER: 2005-1526-PWS-E; TCEQ ID NUMBER: 1080005 and RN101219665; LOCATION: Elsa, Hidalgo County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.113(f)(4), and THSC, §341.0315(c), by exceeding the maximum contaminant level (MCL) of 0.080 milligrams per liter (mg/L) based on a running annual average for total trihalomethanes (TTHM); PENALTY: $655; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(5) COMPANY: Clara, Inc. dba Chevron Clara's Store and Bakery; DOCKET NUMBER: 2004-1603-PST-E; TCEQ ID NUMBERS: 71980 and RN101497071; LOCATION: 719 Highway 71 West, Smithville, Bastrop County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate acceptable financial assurance, during a record review on April 2, 2003, for taking corrective action and for compensating third parties for bodily and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $1,600; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(6) COMPANY: Donald Dragoo dba Union Hill Water Corporation; DOCKET NUMBER: 2005-0107-PWS-E; TCEQ ID NUMBER: RN102683711; LOCATION: 1004 East Dallas Street, Johnson County, Texas; TYPE OF FACILITY: public water supply; RULES VIOLATED: 30 TAC §290.274(a) and (b), by failing to mail or deliver a consumer confidence report to each bill paying customer and to make a good faith effort to reach customers who do not receive water bills; 30 TAC §290.274(c), by failing to provide a copy of the consumer confidence report and certification of delivery of the report to the TCEQ; and 30 TAC §290.51(a)(3), and TWC, §5.702, by failing to pay all outstanding public health service fees; PENALTY: $500; STAFF ATTORNEY: Rachael Gaines, Litigation Division, MC 175, (512) 239-0078; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(7) COMPANY: Hamshire Community Water Supply Corporation; DOCKET NUMBER: 2005-1229-PWS-E; TCEQ ID NUMBER: RN101283208; LOCATION: Hamshire, Jefferson County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.113(f)(4), and THSC, §341.0315(c), by exceeding the maximum contaminant level (MCL) for TTHM of 0.080 mg/L based on a running annual average during the fourth quarter of 2004; PENALTY: $323; STAFF ATTORNEY: Shana Horton, Litigation Division, MC 175, (512) 239-1088; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Mardoche Abdelhak dba Trailer City Water Co; DOCKET NUMBER: 2004-0237-PWS-E; TCEQ ID NUMBERS: 01501131 and RN101652048; LOCATION: 4555 Plumnear Road, San Antonio, Bexar County, Texas; TYPE OF FACILITY: retail water distribution system; RULES VIOLATED: 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement for well Number 1; 30 TAC §290.46(e), by failing to have the facility under the supervision of a person holding a valid Class D or higher operator's license; and 30 TAC §290.51(b), by failing to pay public health service fees; PENALTY: $578; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(9) COMPANY: Marine Quest-Captain's Cove, L.P. dba Captain's Cove Marina; DOCKET NUMBER: 2003-0218-PST-E; TCEQ ID NUMBERS: 0041272 and RN101555084; LOCATION: 5965 Marina Drive, Garland, Dallas County, Texas; TYPE OF FACILITY: gasoline retail sales facility; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c), by failing to monitor the UST for releases at a frequency of at least once every month; 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to ensure that the UST registration and self-certification form is fully and accurately completed, and that it is submitted to the agency in a timely manner; 30 TAC §334.10(b), by failing to have records of the line leak detector test, release detection, and gasoline deliveries available during the inspection; 30 TAC §334.48(c), by failing to conduct reconciliation of detailed inventory control records on a monthly basis; and 30 TAC §334.22(a), and TWC, §5.702, by failing to pay UST annual and late fees; PENALTY: $4,950; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Midway Truck Stop, Inc.; DOCKET NUMBER: 2005-0278-PST-E; TCEQ ID NUMBER: RN101261535; LOCATION: 3602 Houston Highway, Suite A, Victoria, Victoria County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(4), and TWC, §26.3475(d), by failing to inspect and test the corrosion protection system at least once every three years; 30 TAC §334.50(b)(2), and TWC, §26.3475(a), by failing to monitor the piping of the UST system in a manner designed to detect releases from any portion of the piping system; 30 TAC §334.50(b)(2)(A)(i)(III), and TWC, §26.3475(c)(1), by failing to test a line leak detector at least once per year for performance and operational reliability; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor the UST system at a frequency of at least once every month (not to exceed 35 days between each monitoring); and 30 TAC §334.50(d)(1)(B)(ii), and TWC, §26.3475(c)(1), by failing to conduct reconciliation of inventory control records at least once each month; PENALTY: $8,700; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: N. H. Kim, Inc. dba Fast Stop Mart A/K/A J. S. Kim, Inc. dba Fast Stop Mart; DOCKET NUMBER: 2004-0293-PST-E; TCEQ ID NUMBERS: 71680 and RN101488591; LOCATION: 5325 Airport Boulevard, Austin, Travis County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor UST for releases; 30 TAC §334.8(c)(4)(B), and TWC, §26.346(a), by failing to ensure the UST registration and self-certification forms were submitted to the TCEQ in a timely manner; 30 TAC §334.8(c)(5)(A)(i), and TWC, §26.3467(a), by failing to have a valid TCEQ delivery certificate before accepting fuel delivery into the USTs; and 30 TAC §334.10(b), by failing to have records immediately available verifying the presence of ball float devices, financial assurance, a piping tightness test, inventory control for March - May of 2003, and fuel delivery receipts for the period July 1, 2002 to June 30, 2003; PENALTY: $35,700; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Austin Regional Office, 1921 Cedar Bend Drive, Suite 150, Austin, Texas 78758-5336, (512) 339-2929.

(12) COMPANY: Redford Water Supply; DOCKET NUMBER: 2005-1074-PWS-E; TCEQ ID NUMBERS: 1890012 and RN101266054; LOCATION: State Highway 170, 16 miles east of Presidio, Presidio County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i), and THSC, §341.033(d), by failing to collect and submit monthly water samples for bacteriological analysis for the months of February, March, and July 2003, and December 2004, and January 2005; and 30 TAC §290.122(c)(2)(A), by failing to provide public notification for failing to collect routine water samples; PENALTY: $1,600; STAFF ATTORNEY: Rebecca Davis, Litigation Division, MC 175, (512) 239-5487; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(13) COMPANY: Sid Richardson Energy Services, Ltd.; DOCKET NUMBER: 2003-0166-AIR-E; TCEQ ID NUMBERS: WM0011U and RN100238633; LOCATION: 4.5 miles east of the intersection of State Highway 18 and Farm-to-Market Road 874 on FM 874, 1.5 miles north on FM 1218, east on County Road 301, Kermit, Winkler County, Texas; TYPE OF FACILITY: natural gas liquids processing plant; RULES VIOLATED: 30 TAC §101.20(1), 40 CFR Part 60.482-1, and THSC, §382.085(b), by failing to demonstrate compliance with all requirements of 40 CFR Subpart VV by failing to have records, reports, performance test results, and documentation of inspections; 30 TAC §101.20(1), 40 CFR Part 60.482-2(c)(2), and THSC, §382.085(b), by failing to attempt repairs within five days after each leak is detected for pumps in light liquid service for the reporting period October 1, 2001 - March 31, 2002; 30 TAC §101.20(1), 40 CFR Part 60.482-7(d)(2), and THSC, §382.085(b), by failing to attempt repairs within five days after each leak is detected for valves in gas/vapor service and in light liquid service for the reporting period October 1, 2001 - March 1, 2002; 30 TAC §101.20(1), 40 CFR Part 60.482-3(g)(2), and THSC, §382.085(b), by failing to attempt repairs within five days after each leak is detected for compressors for the reporting period October 1, 2001 - March 1, 2002; 30 TAC §101.20(1), 40 CFR Part 60.482-6(a)(1), and THSC, §382.085(b), by failing to equip each open ended valve or line with a cap, blind flange, plug, or a second valve; 30 TAC §101.20(1), 40 CFR Part 60.482-6(a)(1), and THSC, §382.085(b), by failing to equip each open ended valve or line with a cap, blind flange, plug, or a second valve; 30 TAC §101.20(1), 40 CFR Part 60.487(a), and THSC, §382.085(b), by failing to submit two semiannual reports for the period January 1998 to January 1999; 30 TAC §122.503(a)(1) and THSC, §82.085(b), by failing to submit an updated application for the Title V Operating Permit Number O-00769 reflecting changes for Flare EPN FL-3, 40 CFR Subpart KKK applicability; 30 TAC §101.20(1), 40 CFR Part 60.18(c)(1), and THSC, §382.085(b), by exceeding the five-minute limit for visible emissions from Flare EPN FL-3 during any two consecutive hour period; and 30 TAC §116.115(c), Air Permit Number 2724, Special Provision Number 3, and THSC, §382.085(b), by failing to meet the minimum sulfur recovery efficiency limit of 95% for the Sulfur Recovery Unit Stack for the period July 5 - 8, 2001; PENALTY: $70,288; STAFF ATTORNEY: James Biggins, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(14) COMPANY: Steve Henricus Byl dba Dutch Cowboy Dairy; DOCKET NUMBER: 2002-1299-AGR-E; TCEQ ID NUMBERS: 003316-000 and RN101516359; LOCATION: 36341 Farm-to-Market Road 914, Dublin, Erath County, Texas; TYPE OF FACILITY: dairy; RULES VIOLATED: 30 TAC §§305.125(1) and (5), 321.31(a), and 321.39(f)(19)(F); TCEQ Water Quality Permit Number 003316-000, Sections V and VII; and TWC, §26.121(a), by failing to prevent the unauthorized discharge of wastewater into the waters of the state, and by failing to properly maintain equipment in compliance with the rules; and 30 TAC §321.42(a)(5) and Water Quality Permit Number 003316-000, Section VII, by failing to take samples within the first 30 minutes of the unauthorized discharge; PENALTY: $3,640; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Tanoli Enterprises, Inc. dba Super Star II; DOCKET NUMBER: 2004-1341-PST-E; TCEQ ID NUMBERS: 6520 and RN101911352; LOCATION: 3180 Merriman Street, Port Neches, Jefferson County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b)(1)(B) and §334.48(g), by failing to maintain and make available for review all required UST records on-site during business hours; 30 TAC §115.242(3) and §115.245(1)(B), and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition by failing to obtain a passing volume-to-liquid ratio test on its vapor recovery system; 30 TAC §334.50(b)(1)(A), and TWC, §26.3475(c)(1), by failing to monitor the USTs for releases at a frequency of at least every month (not to exceed 35 days between each monitoring); and 30 TAC §115.245(2), and THSC, §382.085(b), by failing to test the Stage II vapor recovery system upon major system replacement; PENALTY: $7,600; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: Town & Country Enterprises Inc. dba Town & Country Food Mart; DOCKET NUMBER: 2005-1525-PST-E; TCEQ ID NUMBERS: 632 and RN102018603; LOCATION: 1401 North Texas Avenue, Bryan, Brazos County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial responsibility for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; PENALTY: $3,150; STAFF ATTORNEY: Deanna Sigman, Litigation Division, MC 175, (512) 239-0619; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(17) COMPANY: YFZ Land, LLC; DOCKET NUMBER: 2004-0800-MLM-E; TCEQ ID NUMBERS: 75151, 72321, 72047, 2070006, and RN104250626; LOCATION: on two contiguous tracts of property totaling 1,691 acres approximately four miles northeast of the intersection of United States Highway 277 and Rudd Road north of Eldorado, Schleicher County, Texas; TYPE OF FACILITY: religious retreat; RULES VIOLATED: 30 TAC §366.051(a), by failing to obtain a permit and an approved plan to construct, alter, repair, extend, or operate an on-site sewage disposal system; 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain storm water authorization prior to construction activity at the site; 30 TAC §331.3(a), and TWC, §26.121(a), by failing to obtain authorization from the TCEQ prior to the construction and use of a Class V injection well; 30 TAC §116.110(a), and THSC, §382.0518(a) and §382.085(b), by failing to obtain permit authorization prior to constructing a concrete batch plant at the site; 30 TAC §106.512(1), and THSC, §382.085(b), by failing to obtain permit authorization or satisfy the conditions of a permit by rule prior to the use of two diesel generators at the site; 30 TAC §324.4(1) and 40 CFR §279.22(c)(1), by failing to label used oil containers; 30 TAC §290.42(b)(1), by failing to provide disinfection equipment for a public water supply system; Texas Pollutant Discharge Elimination System General Permit Number TXR151300; Part III, Section D.2, Section F.1(a - d), (f), (h - i), 2(b), 3(a), 4, 5(b - c), and 9, by failing to comply with storm water permit provisions by failure to post a site notice that is readily available to the public and not including all required information on the site notice. Additionally, the storm water pollution prevention plan was lacking in that it did not include an accurate and complete list of potential pollutants and sources, the intended schedule of construction, total and construction acreage, soil type, complete site map, name of the receiving water, copy of the construction general permit, stabilization practices, permanent pollution control measures, description of wastes stored, and pollutant sources from non-construction areas, and by failing to implement structural controls and identify non-storm water discharges; 30 TAC §330.5(a)(3), by failing to prevent a discharge of diesel fuel to the soil at the site; 30 TAC §106.142, and THSC, §382.085(b), by failing to obtain permit authorization or satisfy the conditions of a permit by rule prior to the construction of a rock crusher; 30 TAC §330.5(c), by failing to obtain authorization from the commission prior to dumping municipal solid waste at the site; 30 TAC §111.201, and THSC, §382.085(b), by conducting outdoor burning at the site; 30 TAC §106.144(4), and THSC, §382.085(b), by failing to obtain permit authorization or satisfy the conditions of a permit by rule prior to the construction of a bulk mineral storage silo at the site; 30 TAC §210.5(a), by failing to obtain authorization prior to discharging any reclaimed wastewater; 30 TAC §290.46(r), by failing to provide at least 35 pounds per square inch throughout the distribution system of the public water supply system; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing that extends at least 18 inches above the natural ground surface for a well that services the public water supply system; 30 TAC §290.41(c)(3)(J), by failing to provide a proper sealing block for the well; 30 TAC §290.41(c)(3)(K), by failing to provide a well casing vent; 30 TAC §290.41(c)(3)(N), by failing to provide a meter to measure water flow at the well; 30 TAC §290.41(c)(3)(O) by failing to provide an intruder-resistant fence or locked well house; 30 TAC §290.46(n)(2), by failing to provide a map of the distribution system; 30 TAC §290.39(m), by failing to notify the TCEQ upon start up of a new public water system; 30 TAC §290.43(d)(7), by failing to maintain the pipes discharging from the well and associated with the pressure tank; 30 TAC §290.43(e), by failing to secure the pressure tank within a locked building or an intruder resistant fence; 30 TAC §290.45(b)(1)(A)(i), and THSC, §341.0315(c), by failing to provide the required minimum well capacity; 30 TAC §290.45(b)(1)(A)(ii), and THSC, §341.0315(c), by failing to provide the required minimum pressure tank capacity; 30 TAC §290.44(a)(1), by failing to provide piping that conforms to American National Standards Institute/National Science Foundation Standard 61; 30 TAC §116.115(c), Air Permit Number 72151, Special Conditions Number 4.D., and THSC, §382.085(b), by failing to install a cartridge filter on the bulk storage silo, in accordance with permit requirements; PENALTY: $20,373; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: San Angelo Regional Office, 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

TRD-200601494

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 7, 2006

Notice of Public Hearings on Proposed Revisions to Chapters 101 and 122, to the State Implementation Plan, and to the Texas State Plan for Designated Facilities and Pollutants

The Texas Commission on Environmental Quality (commission) will conduct public hearings to receive testimony regarding proposed new §§101.501 - 101.504, 101.506, 101.508, 101.601, and 101.602 of 30 TAC Chapter 101, General Air Quality Rules; proposed amendments to §§122.10, 122.12, 122.120, and 122.410, and proposed new §§122.420, 122.422, 122.424, 122.426, 122.428, 122.440, 122.442, 122.444, 122.446, and 122.448 of 30 TAC Chapter 122, Federal Operating Permits Program, under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Subchapter B, Chapter 2001; and 40 Code of Federal Regulations §51.102 and §60.23, of the United States Environmental Protection Agency (EPA) regulations concerning state implementation plans (SIPs) and state plans for designated facilities and pollutants. The Federal Clean Air Act (FCAA) provisions requiring these plans are located in FCAA, §110 and §111, respectively. Proposed new §§101.501 - 101.504, 101.506, 101.508, and 101.601 will be submitted to the EPA as a revision to the SIP. Proposed new §101.601 and §101.602 will be submitted to the EPA as part of the FCAA, §111 plan.

The commission proposes new §§101.501 - 101.504, 101.506, and 101.508 to incorporate by reference the model trading rule requirements of the Clean Air Interstate Rule (CAIR) and would revise the SIP required under FCAA, §110. CAIR is a federal program promulgated to reduce the interstate transport of fine particulate matter through the control of nitrogen oxides (NO _x ) and SO ₂ emissions. House Bill (HB) 2481, 79th Legislature, 2005, directed the commission to meet the CAIR reduction requirements by incorporating the CAIR model trading rules by reference and participating in an EPA-administered cap and trade program for annual NO _x and annual SO ₂ emissions. The bill also provided specific direction for the methodology to be used in allocating the NO _x trading budget provided to Texas, identified an amount of CAIR NO _x allowances to be set aside for new sources, and specified that reductions associated with CAIR would be required only from new and existing electric generating units. The commission also proposes amendments to Chapter 122 to incorporate the permitting requirements for CAIR and the Clean Air Mercury Rule (CAMR) by reference. The CAIR and CAMR permits will establish federal enforceability of the CAIR and CAMR trading programs by listing all applicable requirements of the trading programs applicable to each CAIR and CAMR unit at the source. (Rule Project Number 2005-046-101-EN)

The commission proposes new §101.601 and §101.602 to incorporate by reference the model trading rule requirements of the CAMR, and would revise the FCAA, §111 state plan. CAMR is a federal program promulgated to permanently cap and reduce mercury emissions from new and existing coal-fired electric generating units nationwide. HB 2481 directed the commission to meet the CAMR reduction requirements by incorporating the CAMR model trading rules by reference and participating in an EPA-administered cap and trade program for annual mercury emissions. (Rule Project Number 2005-047-101-EN)

ANNOUNCEMENT OF HEARINGS

Public hearings for this proposed rulemaking have been scheduled in Austin on April 11, 2006, at 2:00 p.m. in Building E, Room 201S at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle; in Fort Worth on April 12, 2006, at 2:00 p.m. at the Texas Commission on Environmental Quality Regional Office, located at 2309 Gravel Drive; and in Houston on April 13, 2006, at 2:00 p.m. at the Texas Commission on Environmental Quality Regional Office, located at 5425 Polk Street, Suite H, 3rd Floor. The hearings will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to each hearing. Individuals may present oral statements when called upon in order of registration. A four-minute time limit may be established at each hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during each hearing; however, commission staff members will be available to discuss the proposal 30 minutes before each hearing and will answer questions after each hearing.

Persons who have special communication or other accommodation needs who are planning to attend a hearing should contact Patricia Durón, Office of Legal Services, at (512) 239-6087. Requests should be made as far in advance as possible.

Comments may be submitted to Patricia Durón, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. All comments should reference the rule project numbers that they pertain to. Comments must be received by 5:00 p.m., April 17, 2006. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html , and additional information is available on the TCEQ CAIR/CAMR Web page at http://www.tceq.state.tx.us/implementation/air/sip/caircamr.html . For further information, please contact Kim Herndon, Air Quality Planning Section, at (512) 239-1421.

TRD-200601384

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 3, 2006

Notice of Water Quality Applications

The following notices were issued during the period of February 21, 2006 through February 28, 2006.

The following require the applicants to publish notice in the newspaper. The public comment period, 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 THIS NOTICE.

CITY OF ANNONA has applied for a renewal of TPDES Permit No.14255-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 58,000 gallons per day. The facility is located approximately 1,500 feet east and 4,400 feet south of the intersection of United States Highway 82 and Farm-to-Market Road 44 in Red River County, Texas.

BAHRAM SOLHJOU has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014620001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 70,000 gallons per day. The facility is located 1,800 feet south of Isom Road, approximately 3,500 east of Hardy Tollway in Harris County, Texas.

CITY OF BLUE RIDGE has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. 10039-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 140,000 gallons per day to a daily average flow not to exceed 280,000 gallons per day. The facility is located approximately 0.5 mile southeast of the intersection of Farm-to-Market Road 545 and Farm-to-Market Road 1377 in Collin County, Texas.

CITY OF MULLIN has applied for a renewal of TPDES Permit No. 13758-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 40,000 gallons per day. The facility is located approximately 3,100 feet south of the intersection of State Highway 183 and Farm-to-Market Road 573 and approximately 1,900 feet east of the Farm-to-Market Road 573 in the City of Mullin in Mills County, Texas.

NORTHWEST HARRIS COUNTY MUNICIPAL UTILITY DISTRICT No. 24 has applied for a major amendment to TPDES Permit No. 12655-001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 200,000 gallons per day to a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 0.3 mile west of Bammel-North Houston Road, 1.6 miles north of the intersection of State Highway 249 and Bammel-North Houston Road, and 2.9 miles southeast of the intersection of State Highway 249 and Farm-to-Market Road 1960 in Harris County, Texas.

CITY OF PETROLIA has applied for a major amendment to Permit No. WQ0010247001, to authorize an increase in the daily average flow from 50,000 gallons per day to 100,000 gallons per day. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day via surface irrigation of 12 acres of non-public access pastureland. The draft permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day via surface irrigation of 12 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 3,700 feet due east of the intersection of State Highway 148 and Farm-to-Market Road 2332 in Clay County, Texas.

PULTE HOMES OF TEXAS has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014650001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 450,000 gallons per day. The facility is located approximately 1.8 miles south and 0.2 miles west of the intersection of Farm-to-Market Road 1960 and West Lake Houston Parkway in Harris County, Texas.

CITY OF QUITMAN has applied for a renewal of TPDES Permit No. 10254-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility is located approximately 0.3 mile west-northwest of the intersection of State Highway 37 and State Highway 154 (City of Quitman) and 700 feet north of State Highway 154 in Wood County, Texas.

CITY OF TULIA has applied for a renewal of Permit No. 10305-002, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 1,000,000 gallons per day via surface irrigation of 288 acres of non-public access agricultural land. This permit will not authorize a discharge of pollutants into waters in the State. The facility and disposal site are located approximately 2 miles east of Interstate Highway 27 along State Highway 86 on the north side, just east of the city limits of the City of Tulia in Swisher County, Texas.

U. S. DEPARTMENT OF THE INTERIOR has applied for a renewal of TPDES Permit No. 12865-001, 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 3,300 feet northwest of the Chisos Mountain Lodge in the Basin in Big Bend National Park in Brewster County, Texas.

WOODMERE DEVELOPMENT CO., LTD has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014653001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The facility will be located approximately 1,600 feet southeast of the intersection of Carpenters Bayou and Beaumont Highway, east of the West Canal, approximately 3,400 feet north of the north right-of-way of U. S. Highway 90, Harris County, Texas.

Written comments or requests for a public meeting may be submitted to the Office of the Chief Clerk, at the address provided in the information section above, WITHIN 30 DAYS OF THE ISSUED DATE OF THIS NOTICE.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to CITY OF CROSS PLAINS to correct a typographical error regarding the Category C licensed operator. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 87,500 gallons per day. The current permit also authorizes the disposal of treated domestic wastewater via irrigation of 50.1 acres of non-public access agricultural land. The facility is located approximately 2,500 feet west of State Highway 279 and 4,000 feet south of State Highway 36 in Callahan County, Texas.

TRD-200601310

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 2, 2006

Notice of Water Quality Applications

The following notices were issued during the period of February 28, 2006 through March 6, 2006.

CITY OF BANDERA has applied for a renewal of TPDES Permit No. WQ0010121001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 277,000 gallons per day. The facility is located approximately 0.5 mile northeast of the intersection of State Highway 16 and Farm-to-Market Road 689 in the City of Bandera in Bandera County, Texas.

EQUISTAR CHEMICALS, L.P. which operates the Channelview Complex, a synthetic organic chemical manufacturing facility, has applied for a major amendment without renewal to authorize the addition of utility wastewaters which include non-contact once-through cooling water, de minimus amounts of cooling tower water, raw and well water, groundwater seepage, condensate, and analyzer instrumentation drain wastewaters via Outfalls 002, 003, 003A, 003B, 003C, 004 and 005; the addition of storm water (from secondary containment structures) via Outfalls 002 and 004; and delineate Outfalls 003A, 003B, and 003C location descriptions. The current permit authorizes the discharge of treated organic chemical manufacturing process wastewater, auto shop wastewater, laboratory wastewater, cooling tower blowdown, sanitary wastewater, loading area and process area washdown, tank farm wastewater, heat exchanger blasting slab waste, steam blowdown, demineralization regeneration blowdown, methanol neutralization sump wastewater, and process area storm water runoff at a daily average flow not to exceed 7.2 MGD via Outfall 001; potable water, firewater, hydrotest water, clarified water, steam blowdown, construction water, de minimus quantities from spill cleanups, groundwater seepage, non-process area storm water runoff, and post first flush process area storm water runoff on a continuous and flow variable basis via Outfall 002; potable water, firewater, hydrotest water, clarified water, steam blowdown, construction water, de minimus quantities from spill cleanups, and storm water runoff on an intermittent and flow variable basis via Outfalls 003 and 005; and potable water, firewater, hydrotest water, clarified water, steam blowdown, construction water, de minimus quantities from spill cleanups, post first flush process area storm water runoff, and non-process area storm water runoff on an intermittent and flow variable basis via Outfall 004. The facility is located at 8280 Sheldon Road, approximately four miles north of Interstate Highway 10 in the extraterritorial jurisdiction of the City of Houston, Harris County, Texas.

CITY OF JASPER has applied for a major amendment to TPDES Permit No. WQ0010197001 to authorize the removal of effluent limits for Copper and Mercury. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow of 3,250,000 gallons per day. The facility is located approximately 0.8 miles east of the intersection of Farm-to-Market Roads 2799 and 777, and approximately 1 mile northeast of the intersection of U. S. Highway 190 and State Highway 63 in Jasper County, Texas.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 94 has applied for a new permit, proposed TPDES Permit No. WQ0014656001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,080,000 gallons per day. The facility is located approximately 8,300 feet southeast of the intersection of Springs Trails Ridge and Riley-Fuzzell Road on the north side of Spring Creek in Montgomery County, Texas.

ORANGE COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO. 2 has applied for a renewal of TPDES Permit No. WQ0010240001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,220,000 gallons per day. The facility is located on the north side of Western Avenue in West Orange, from Adams Bayou west to Boston Avenue (from 1,000 feet to 2,400 feet east of Western Avenue/Dayton Street) in Orange County, Texas.

SOUTHWESTERN PUBLIC SERVICES COMPANY which operates the Nichols-Harrington Station, a steam electric generating facility, has applied for a major amendment to TPDES Permit No. WQ0001990000 to authorize the removal of irrigation sections 97, 98, and 99 (totaling 348 acres of land), tailwater pond 4A, and blowdown pond 1A from service; and delete Outfalls 010 and 014 from the permit. The current permit authorizes the discharge of storm water runoff on an intermittent and flow variable basis via Outfall 001; the discharge of storm water commingled with cooling tower blowdown, low volume wastewater, metal cleaning waste, and chemical metal cleaning waste on an intermittent and flow variable basis via Outfalls 003, 004, 005, 006, 007, 008, 009, 010, 012, 013, and 014; the discharge of coal pile runoff on an intermittent and flow variable basis via Outfall 011; and land application of cooling tower blowdown, low volume wastewater, chemical and metal cleaning wastes, boiler seal water, and storm water over 1,600 acres at a hydraulic application rate not to exceed 4.6 acre-feet per year per acre irrigated. The facility is located northwest of the intersection of Lakeside Drive and St. Francis Avenue, 1.25 miles west of State Highway 136 and six miles Northwest (via State Highway 136) of the City of Amarillo, Potter County, Texas.

TEXAS DEPARTMENT OF TRANSPORTATION which operates the Texas Department of Transportation Municipal Separate Storm Sewer System (MS4), has applied for a renewal of NPDES Permit No. TXS000502 to authorize storm water point source discharges to surface water in the state from the Texas Department of Transportation MS4. This permit will be renewed as TPDES Permit No. WQ0004644000. The MS4 is located within the corporate boundary of the City of Beaumont, in Jefferson County, Texas.

UNION GROVE INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. 13416-001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 15,000 gallons per day. The facility is located approximately 3.5 miles northeast of the intersection of U. S. Highway 271 and U. S. Highway 80 in Upshur County, Texas.

WEST I-10 KATY HOLDINGS I, LTD. has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014646001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 330,000 gallons per day. The facility is located 3,300 feet east of the intersection of Interstate Highway 10 and Igloo Road along Interstate Highway 10 and 1,400 feet south of Interstate Highway 10 along the west bank of Buffalo Bayou in Waller County, Texas.

MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO. 89 has applied for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize including an additional interim phase not to exceed a daily average flow of 300,000 gallons per day and adding alum to the clarifier. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located approximately 5,200 feet north of the intersection of Riley Fussell Road and Rayford Road in Montgomery County, Texas.

CITY OF NATALIA has applied to the Texas Commission on Environmental Quality (TCEQ) for a minor amendment to the Texas Pollutant Discharge Elimination System (TPDES) permit to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 190,000 gallons per day in the interim phase. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 260,000 gallons per day. The facility is located approximately 1,200 feet southwest of the City of Natalia on the west side of 6th Street in Medina County, Texas.

TRD-200601509

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 8, 2006

Notice of Water Rights Application

Notice issued February 24, 2006:

Application No. TA-5922; Sunoco Partners Marketing & Terminals L.P. Nederland Marine Terminal, applicant; P.O. Box 758, 2300 N HWY 347; Nederland, Texas 77627, seeks a Temporary Water Use Permit pursuant to Texas Water Code 11.138 and Texas Commission on Environmental Quality (Commission or TCEQ) Rules 30 TAC §295.1, et seq. Applicant seeks a temporary water use permit to divert and use not to exceed 128 acre-feet of water within a period of two (2) years from the Neches River, Neches River Basin, at a maximum diversion rate of 13.37 cfs (6,000 gpm) for industrial use (hydrostatic testing) in Jefferson County. The diversion point will be located at Latitude 30.01 N, Longitude 93.98 W, in the vicinity south of Highway 347, approximately 5 miles southeast of the City of Beaumont, Texas and 2 miles northeast of the Town of Nederland, Texas. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on October 26, 2005. Additional information and fees were received on December 28, 2005. The application was declared administratively complete and accepted for filing on February 3, 2006. Written public comments and requests for a public meeting should be submitted to the Office of the Chief Clerk, at the address provided in the information section below by March 16, 2006.

INFORMATION SECTION

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

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

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

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

TRD-200601309

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 2, 2006

Notice of Water Rights Application

Notices issued March 3, 2006 through March 6, 2006:

APPLICATION NO. 12-2281C; Ray J. Miller, applicant, P.O. Box 309, Meridian, TX 76665, seeks an amendment to Certificate of Adjudication No. 12-2281 pursuant to Texas Water Code 11.122, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Certificate of Adjudication No. 12-2281 authorizes the owner to divert and use 107 acre-feet of water per year from the North Bosque River, tributary of the Bosque River, Brazos River Basin at a maximum diversion rate of 2.67 cfs (1,200 gpm) for agricultural purposes to irrigate 87.5 acres in Bosque County. Special Condition 4C states the authorization to divert and use 100 acre-feet of water at a maximum diversion rate of 2.67 cfs (1,200 gpm) shall expire and become null and void without further Commission action after December 31, 2005. Special Condition 4D states at the end of the term limitation, owner shall be authorized to divert the 7 acre-feet of water per year. Several other special conditions apply. The applicant seeks an amendment to Certificate of Adjudication No. 12-2281 to renew or extend the term to divert and use an additional 9.57 acre-feet of water per year, for a total of 16.57 acre-feet per year from the North Bosque River, Brazos River Basin, at a maximum diversion rate of 1.11 cfs (500 gpm), for agricultural purposes in Bosque County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application was received on September 30, 2005. Additional information was received on December 14, 2005; January 20, 2006; and January 25, 2006. The application was declared administratively complete and accepted for filing on February 7, 2006. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

APPLICATION NO. 5918; Larry Slone dba Slone Ranch, applicant, 12050 US Hwy 59 South, Marshall, TX 75672, seeks a Water Use Permit pursuant to Texas Water Code 11.121, and Texas Commission on Environmental Quality Rules 30 TAC 295.1, et seq. Larry Slone dba Slone Ranch seeks a water use permit to maintain an existing dam and reservoir on an unnamed tributary of Colliers Creek, tributary of Eight Mile Creek, tributary of the Sabine River, Sabine River Basin. Applicant also seeks to divert and use not to exceed 66 acre-feet of water per year from the reservoir at a maximum diversion rate of 1.114 cfs (500 gpm) for agricultural purposes to irrigate 66 acres out of 133 acres in the Martha Duncan Survey, Abstract No. 197; and the Elizabeth Carroll Survey, Abstract No. 135, in Harrison County. The reservoir is located 10 miles south from the City of Marshall and 15 miles north from Carthage, a nearby town, with station 1 on the centerline of the dam bearing 89 NE, 3800 feet from the southwest corner of the Carroll Survey, also being at Latitude 32.402 N, Longitude 94.356 W. The applicant indicates the reservoir has a normal maximum operating capacity of 330 acre-feet and surface area of 52.2 acres. The diversion point is located on the reservoir bearing N60.250 E, 3100 feet from the southwest corner of the Carroll Survey, Harrison County, also being at Latitude 32.403 N, Longitude 94.360 W. Water which is diverted but not consumed as a result of the above stated use will be returned to the unnamed tributary of Colliers Creek at the dam. Ownership of the land to be irrigated and inundated by the reservoir is evidenced by deeds recorded in Volume 1305, Page 625; Volume 2808, Page 171; Volume 2808, Page 178; Volume 2817, Page 32; and Volume 773, Page 212-213 in the Official County Clerk Records of Harrison County. The Commission will review the application as submitted by the applicant and may or may not grant the application as requested. The application and fees were received on September 12, 2005. Additional information and fees were received on November 28, 2005 and January 18, 2006. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on February 1, 2006. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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

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

TRD-200601506

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 8, 2006

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on February 28, 2006, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. JNS & Samir Corporation; SOAH Docket No. 582-05-1529; TCEQ Docket No. 2004-0241-PST-E. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against JNS & Samir Corporation on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguia, Office of the Chief Clerk, (512) 239-3300.

TRD-200601510

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: March 8, 2006

Proposed Enforcement 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, which requires that the commission may not approve these AOs unless the public has been provided an opportunity to submit written comments. 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 17, 2006 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withhold approval of an AO if a comment discloses facts or considerations that indicate the proposed AO is inappropriate, improper, inadequate, or inconsistent with the requirements of the Code, the Texas Health and Safety Code (THSC), and/or the Texas Clean Air Act (the Act). Additional notice is not required if changes to an AO are made in response to written comments.

A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on April 17, 2006 . 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 should be submitted to the commission in writing .

(1) COMPANY: Air System Components L.P.; DOCKET NUMBER: 2006-0008-AIR-E; IDENTIFIER: Regulated Entity Reference Number (RN) RN102316981; LOCATION: Horizon City, El Paso County, Texas; TYPE OF FACILITY: metal extrusions; RULE VIOLATED: 30 TAC §122.146(2) and THSC, §382.085(b), by failing to timely submit a permit compliance certification; PENALTY: $1,540; ENFORCEMENT COORDINATOR: Jason Kemp, (512) 239-5610; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(2) COMPANY: Avis Rent A Car System, Inc.; DOCKET NUMBER: 2005-2065-AIR-E; IDENTIFIER: RN100814912; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: fuel distribution station; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the oxygenated fuel requirement; PENALTY: $960; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.

(3) COMPANY: City of Beaumont; DOCKET NUMBER: 2005-1901-MWD-E; IDENTIFIER: RN101612224; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10501020, and the Code, §26.121(a), by failing to comply with permitted effluent limits for five-day carbonaceous biochemical oxygen demand (CBOD5); PENALTY: $7,000; ENFORCEMENT COORDINATOR: Ruben Soto, (512) 239-4571; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: BP Products North America Inc.; DOCKET NUMBER: 2005-1839-AIR-E; IDENTIFIER: RN102535077; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: refinery; RULE VIOLATED: 30 TAC §111.111(a)(1)(A), §116.115(c), Air Permit Numbers 8810 and PSD-TX-402M2, C-18706, 18707, 19599, and PSD-TX-023, and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere and failing to maintain opacity at 30% averaged over a six-minute period; 30 TAC §101.20(2), §115.352(4), 40 Code of Federal Regulations §63.167(a)(1), and THSC, §382.085(b), by failing to equip an open-ended line with a cap, blind flange, or second valve; and 30 TAC §116.116(a) and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere; PENALTY: $130,625; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: City of Edinburg; DOCKET NUMBER: 2005-0531-PST-E; IDENTIFIER: Petroleum Storage Tank Facility Identification Number 62575, RN102064102; LOCATION: Edinburg, Hidalgo County, Texas; TYPE OF FACILITY: retail sales of aviation fuel; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), (d)(1)(B)(iii)(II) and (9)(A)(iv), and the Code, §26.3475(c)(1), by failing to ensure that all tanks are monitored for releases, by failing to use equipment capable of measuring the level of stored substances over the full range of the tank's height, and by failing to report to the agency any underground storage tank (UST) system analysis report result; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all UST systems; PENALTY: $6,400; ENFORCEMENT COORDINATOR: Jaime Garza, (956) 425-6010; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.

(6) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2005-1792-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County, Texas; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 18287, and THSC, §382.085(b), by failing to prevent the unauthorized emissions of 15,265 pounds of carbon monoxide, 37 pounds of ammonia, and six pounds of hydrogen cyanide; PENALTY: $5,340; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(7) COMPANY: Gulf West Landfill TX, L.P.; DOCKET NUMBER: 2005-1829-IHW-E; IDENTIFIER: RN102151099; LOCATION: Anahuac, Chambers County, Texas; TYPE OF FACILITY: industrial solid waste management; RULE VIOLATED: 30 TAC §335.2(b), §335.582(2), and Permit Number SW-39039-001, by failing to prevent the disposal of unauthorized solid waste; PENALTY: $2,928; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2005-1254-IWD-E; IDENTIFIER: RN100219740; LOCATION: Conroe, Montgomery County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 00584, and the Code, §26.121(a), by failing to comply with the permit limitations for CBOD5, sulfate, and flow; PENALTY: $11,280; ENFORCEMENT COORDINATOR: Catherine Albrecht, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: International A.L.E.R.T. Academy; DOCKET NUMBER: 2005-2034-PWS-E; IDENTIFIER: RN101193167; LOCATION: Big Sandy, Upshur County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0135(c), by failing to comply with the maximum contaminant level (MCL) for total trihalomethanes (TTHM); PENALTY: $328; ENFORCEMENT COORDINATOR: Anita Keese, (956) 425-6010; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(10) COMPANY: Lyondell-Citgo Refining L.P.; DOCKET NUMBER: 2005-2073-AIR-E; IDENTIFIER: RN100218130; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.20(3), §116.715(a), Flexible Air Permit Number 2167/PSD-TX-985, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: Rodney Warren McNeal dba McNeal Dairy; DOCKET NUMBER: 2005-1834-AGR-E; IDENTIFIER: RN102900875; LOCATION: Dublin, Erath County, Texas; TYPE OF FACILITY: agriculture and dairy cattle farm; RULE VIOLATED: 30 TAC §321.31(a), General Permit Number TXG920269, and the Code, §26.121(a), by failing to prevent a discharge of agricultural wastewater; PENALTY: $4,160; ENFORCEMENT COORDINATOR: Edward Moderow, (512) 239-2680; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(12) COMPANY: Oiltanking Beaumont Partners, L.P.; DOCKET NUMBER: 2005-1865-AIR-E; IDENTIFIER: RN101042885; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum storage terminal; RULE VIOLATED: 30 TAC §116.715(a), §122.143(4), Flexible Air Permit (FOP) Number 21356, Federal Operating Permit Number 1804, and THSC, §382.085(b), by failing to seal two open-ended lines with a cap, blind flange, plug, or a second valve, by failing to implement the 28-day maintenance intensive directive fugitive monitoring program required by the flexible permit, and by failing to maintain leak detection and repair records; 30 TAC §116.715(a), §122.143(4), Flexible Air Permit Number 21356, FOP Number 1804, and THSC, §382.085(b), by failing to repair 13 leaking valves and eight flanges; 30 TAC §101.10(b)(2)(A) and THSC, §382.085(b), by failing to report accurate emissions data for fugitive monitoring; 30 TAC §122.143(4), §122.145(2)(A) and (C), FOP Number 1804, and THSC, §382.085(b), by failing to include in the semiannual deviation report five violations identified to Oiltanking by the commission; and 30 TAC §122.143(4), §122.146(5)(C)(i), FOP Number 1804, and THSC, §382.085(b), by failing to reference in the 2004 annual compliance certification five violations identified to Oiltanking by the commission; PENALTY: $29,412; ENFORCEMENT COORDINATOR: John Barry, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(13) COMPANY: Owens Corning; DOCKET NUMBER: 2005-2056-AIR-E; IDENTIFIER: RN100223585; LOCATION: Waxahachie, Ellis County, Texas; TYPE OF FACILITY: fiberglass manufacturing; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit initial notification of a reportable emissions event; and 30 TAC §116.115(c), Permit Number 6093, and THSC, §382.085(b), by failing to maintain the dry electrostatic precipitator which resulted in particulate matter emissions that exceeded permitted emission limits; PENALTY: $2,434; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(14) COMPANY: City of Reno; DOCKET NUMBER: 2006-0054-PWS-E; IDENTIFIER: RN102686581; LOCATION: Azle, Parker County, Texas; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.113(f)(4) and THSC, §341.0315(c), by failing to comply with the MCL for TTHM; PENALTY: $323; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(15) COMPANY: Shawn & Sameer, Inc. dba Breckenridge Minit Mart; DOCKET NUMBER: 2005-1848-PST-E; IDENTIFIER: RN101443166; LOCATION: Breckenridge, Stephens County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and (d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases and by failing to reconcile inventory control records; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures; 30 TAC §334.10(b), by failing to maintain UST records at the facility and make them immediately available for inspection upon request; 30 TAC §334.49(c)(2) and (4) and the Code, §26.3475(d), by failing to regularly inspect the cathodic protection system and by failing to inspect and test the cathodic protection system for operability and adequacy of protection; 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; PENALTY: $7,052; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(16) COMPANY: Stonewater Pipeline Company, L.P.; DOCKET NUMBER: 2005-1972-AIR-E; IDENTIFIER: RN100215607; LOCATION: Sonora, Sutton County, Texas; TYPE OF FACILITY: plant that compresses and transmits natural gas; RULE VIOLATED: 30 TAC §122.145(2)(A) and §122.146(1) and THSC, §382.085(b), by failing to timely submit the annual permit compliance certification and associated deviation report; PENALTY: $3,800; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013.

(17) COMPANY: Sunset Logistics, Inc.; DOCKET NUMBER: 2006-0036-AIR-E; IDENTIFIER: RN102863529; LOCATION: Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: transportation company; RULE VIOLATED: 30 TAC §101.4 and THSC, §382.085(a) and (b), by allegedly having emitted into the atmosphere air contaminants in concentration and duration as to create a dust nuisance; PENALTY: $640; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(18) COMPANY: Texas Municipal Power Agency; DOCKET NUMBER: 2006-0064-PWS-E; IDENTIFIER: RN100214550; LOCATION: Bryan, Brazos County, Texas; TYPE OF FACILITY: steam electric station with public water supply; RULE VIOLATED: 30 TAC §290.113(f)(5) and THSC, §341.0315(c), by failing to comply with the MCL for haloacetic acids; PENALTY: $345; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(19) COMPANY: The Goodyear Tire & Rubber Company; DOCKET NUMBER: 2005-2074-AIR-E; IDENTIFIER: RN102561925; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to submit initial notification of a reportable emissions event; 30 TAC §116.115(b)(2)(F) and (c), Permit Number 22110, and THSC, §382.085(b), by failing to maintain a solenoid on the water valve; and 30 TAC §111.111(a)(8) and THSC, §382.085(b), by failing to maintain visible emissions below the 30% opacity limit; PENALTY: $11,491; ENFORCEMENT COORDINATOR: Cari-Michel LaCaille, (512) 239-1387; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(20) COMPANY: WTG Fuels, Inc. dba Plaza Self Serve 150322; DOCKET NUMBER: 2005-1547-PST-E; IDENTIFIER: RN102043718; LOCATION: Littlefield, Lamb County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.51(b)(2)(A) and the Code, §26.3475(c)(2), by failing to equip the fill pipe with a tight-fill fitting, adapter, or similar device which provides a liquid-tight seal; 30 TAC §334.49(a) and (c)(2)(C) and the Code, §26.3475(d), by failing to provide corrosion protection for the UST system and by failing to inspect the cathodic protection system at least once every 60 days; and 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

TRD-200601428

Stephanie Bergeron Perdue

Acting Deputy Director, Office of Legal Services

Texas Commission on Environmental Quality

Filed: March 7, 2006

Department of Family and Protective Services

Notice of Public Hearing - Minimum Standards for Residential Child-Care Operations and Child-Placing Agencies

The Texas Department of Family and Protective Services (DFPS) will conduct a public hearing on Thursday, March 23, 2006, from 2:00 p.m. until 6:00 p.m., at the John H. Winters Building, Public Hearing Room 125 E, 701 West 51st Street, Austin, Texas, on proposed changes to minimum standards for residential child-care operations and child-placing agencies. DFPS is proposing to repeal Chapter 720, 24-Hour Care Licensing, and replace it with three new chapters - Chapter 748, General Residential Operations and Residential Treatment Centers; Chapter 749, Child-Placing Agencies; and Chapter 750, Independent Foster Homes. The proposed rules appear in this issue of the Texas Register .

In lieu of or in addition to oral comments, members of the public may comment in writing via e-mail at RCCLStandards@dfps.state.tx.us or mail to Child Care Licensing, DFPS, Attn: E-550 Proposed RCCL Standards, P.O. Box 149030; Austin, TX 78714-9030.

Meeting contact person: Amy Chandler, MC E-550, P.O. Box 149030, Austin, Texas 78714-9030, (512) 438-3134.

Persons with disabilities planning to attend this meeting who may need auxiliary aids or services are asked to contact Amy Chandler, (512) 438-3134, by March 20, 2006, so that appropriate arrangements can be made.

TRD-200601487

Gerry Williams

General Counsel

Department of Family and Protective Services

Filed: March 7, 2006

General Land Office

Notice of Award for Consulting Services - Border Energy Forum

In Accordance with Chapter 2254 of the TEXAS GOVERNMENT CODE, the TEXAS GENERAL LAND OFFICE (GLO) files this notice of a consultant contract award. The Invitation for Consultant Services was published in the January 27, 2006 issue of the Texas Register (31 TexReg 585).

In its invitation for Consultant Services, the GLO was seeking consulting services to assist the GLO in identifying financial partners as part of the GLO's Border Energy Forum grant awarded by the U. S. Environmental Protection Agency (EPA). Prospective consultants were expected to identify and attract new sources of international financing for the Texas border region. This financing is necessary to help spur development of sustainable energy projects with the Mexican states along the Texas Border.

The requested consultant services required an understanding of international financing, including, but not limited to, emerging European and Canadian markets. The selected consultant will be responsible for:

(i) analyzing the region's ability to attract these sources;

(ii) developing a strategic plan to be presented at the Border Energy Forum;

(iii) helping facilitate the aforementioned workshop; and

(iv) assisting with the preparation of a final report.

The GLO has selected David Noble, 200 Woolwich St., Unit 202 Guelph, Ontario Canada N2H3V7, to assist with the aforementioned consulting services during the period beginning February 28, 2006 through August 31, 2006. The payment for these services is $17,650 for FY 2006.

Further information about the project may be obtained from Soll Sussman, General Land Office, 1700 N. Congress Avenue, Austin, TX. 78701-1495, phone (512) 463-5039.

TRD-200601502

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: March 8, 2006

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200601501

Cathy Campbell

General Counsel

Department of State Health Services

Filed: March 8, 2006

Texas Department of Insurance

Third Party Administrator Applications

The following third party administrator applications have been filed with the Texas Department of Insurance and are under consideration.

Application for admission to Texas of GBS ADMINISTRATORS, INC., a foreign third party administrator. The home office is OLYMPIA, WASHINGTON.

Application to change the name of THE FLEX COMPANY OF AMERICA, INC. to PROCESSWORKS, INC., a foreign third party administrator. The home office is BROOKFIELD, WISCONSIN.

Application to change the name of SCRIP SOLUTIONS, LLC to BIOSCRIP PBM SERVICES, LLC, a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Any objections must be filed within 20 days after this notice is published in the Texas Register , addressed to the attention of Matt Ray, MC 107-1A, 333 Guadalupe, Austin, Texas 78701.

TRD-200601512

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: March 8, 2006

Texas Department of Insurance, Division of Workers' Compensation

Notice of Public Hearing

The Texas Department of Insurance, Division of Workers' Compensation will hold a public hearing on Thursday, March 30, 2006, at 9:30 a.m. in the Tippy Foster Room of the Division of Workers' Compensation's central office located at 7551 Metro Center Drive, Suite 100, Austin, Texas 78744-1609 (near the intersection of Highway 71 and Riverside Drive).

The Division of Workers' Compensation will hear testimony on new, amended, and repealed rules (28 TAC §126.14, concerning Treating Doctor to Define Compensable Injury; 28 TAC §§126.5 - 126.7, 28 TAC §130.2 and §130.6, 28 TAC §126.14, 28 TAC §130.5 and 130.110 (repeals), concerning Designated Doctor/Required Medical Examination; 28 TAC §§180.21, 180.22, and 180.28, concerning Peer Review; and 28 TAC §133.500 and §133.501, concerning Electronic Medical Billing). These proposed rules were published in the Texas Register on February 3, 2006 (31 TexReg 664), and may be viewed on the Texas Department of Insurance, Division of Workers' Compensation's website at http://www.tdi.state.tx.us. Although the comment period for these rules closed on March 6, 2006, additional comments will be accepted at the hearing.

The Texas Department of Insurance, Division of Workers' Compensation offers reasonable accommodations for persons attending meetings, hearings, or educational events, as required by the Americans with Disabilities Act. If you require special accommodations, please contact Idalia Cantu at (512) 804-4403 a minimum of two days prior to the hearing date.

For further information regarding this notice, you may contact Brian White, Assistant General Counsel at (512) 804-4296.

TRD-200601513

Norma Garcia

General Counsel

Texas Department of Insurance, Division of Workers' Compensation

Filed: March 8, 2006

Texas Lottery Commission

Instant Game Number 650 "Casino Cash"

1.0 Name and Style of Game.

A. The name of Instant Game No. 650 is "CASINO CASH". The play style for Game 1 is "key number match". The play style for Game 2 is "yours beats theirs". The play style for Game 3 is "key symbol match with prize legend". The play style for Game 4 is "yours beats theirs".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 650 shall be $7.00 per ticket.

1.2 Definitions in Instant Game No. 650.

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

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

C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, A CARD SYMBOL, K CARD SYMBOL, Q CARD SYMBOL, J CARD SYMBOL, 10 CARD SYMBOL, 9 CARD SYMBOL, 8 CARD SYMBOL, 7 CARD SYMBOL, 6 CARD SYMBOL, 5 CARD SYMBOL, 4 CARD SYMBOL, 3 CARD SYMBOL, 2 CARD SYMBOL, 7 SYMBOL, GRAPES SYMBOL, BELL SYMBOL, STAR SYMBOL, CHERRY SYMBOL, MELON SYMBOL, HORSESHOE SYMBOL, $1.00, $2.00, $4.00, $5.00, $7.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100, $500, $1,000, $7,500, and $75,000.

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

Figure 1: 16 TAC GAME NO. 650 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: 16 TAC GAME NO. 650 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2:16. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2:16 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. Serial Number - A unique 13 (thirteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (9) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 0000000000000.

G. Low-Tier Prize - A prize of $7.00, $10.00, $15.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $500.

I. High-Tier Prize - A prize of $1,000, $7,500, or $75,000.

J. Bar Code - A 22 (twenty-two) character interleaved two (2) of five (5) bar code which will include a three (3) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the nine (9) digit Validation Number. The bar code appears on the back of the ticket.

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (650), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 650-0000001-001.

L. Pack - A pack of "CASINO CASH" Instant Game tickets contains 75 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.

M. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "CASINO CASH" Instant Game No. 650 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "CASINO CASH" Instant Game is determined once the latex on the ticket is scratched off to expose 47 (forty-seven) Play Symbols. GAME 1: If a player matches YOUR NUMBER play symbol to any of the four WHEEL NUMBERS play symbols, the player wins prize shown for that number. GAME 2: If a player’s total of YOUR CARDS play symbols is greater than the total of the DEALER'S CARDS play symbols in the same hand, the player wins prize shown for that hand. A=11; K, Q, J=10. GAME 3: If a player reveals 3 matching symbols in the same PULL, the player wins prize shown in the legend. GAME 4: If any of a player’s YOUR CARDS play symbols beats the DEALER'S CARD, the player wins prize shown. Aces are high. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 47 (forty-seven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut and have exactly 47 (forty-seven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 47 (forty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 47 (forty-seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. GAME 1 No duplicate non-winning prize symbols.

C. GAME 1 No duplicate non-winning Wheel Numbers play symbols.

D. GAME 1 Non-winning prize symbols will never be the same as the winning prize symbol(s).

E. GAME 1 No prize amount in a non-winning spot will correspond with the Wheel Number play symbol (i.e. 5 and $5).

F. GAME 2 No duplicate non-winning hands in the same order.

G. GAME 2 No duplicate non-winning prize symbols.

H. GAME 2 No ties between total of Your Cards and Dealer's Cards within a hand.

I. GAME 2 No hand will contain two aces.

J. GAME 3 No duplicate non-winning pulls in the same order.

K. GAME 3 No horizontally adjacent non-winning pulls will contain 3 like symbols.

L. GAME 3 No four or more like non-winning play symbols across all 4 pulls.

M. GAME 4 No duplicate non-winning play symbols.

N. GAME 4 No ties between Your Card and the Dealer's Card.

2.3 Procedure for Claiming Prizes.

A. To claim a "CASINO CASH" Instant Game prize of $7.00, $10.00, $15.00, $20.00, $50.00, $100, or $500, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $500 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "CASINO CASH" Instant Game prize of $1,000, $7,500, or $75,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery’s Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

C. As an alternative method of claiming a "CASINO CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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

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

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

3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;

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

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

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

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

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

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

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

D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.

2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "CASINO CASH" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.

2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "CASINO CASH" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code, §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.

2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales, and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.

3.0 Instant Ticket Ownership.

A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 650. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 650 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 650 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 650, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.

TRD-200601427

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: March 7, 2006

Instant Game Number 673 "Joker's Wild"

1.0 Name and Style of Game.

A. The name of Instant Game No. 673 is "JOKER’S WILD". The play style is "key symbol match".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 673 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 673.

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

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

Figure 1: 16 TAC GAME NO. 673 - 1.2D

Figure 2: 16 TAC GAME NO. 673 - 1.2E

G. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $10.00, or $20.00.

H. Mid-Tier Prize - A prize of $50.00, $100, or $300.

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

K. Pack-Ticket Number - A 13 (thirteen) digit number consisting of the three (3) digit game number (673), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 250 within each pack. The format will be: 673-0000001-001.

L. Pack - A pack of "JOKER’S WILD" Instant Game tickets contains 250 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 246 to 250 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "JOKER’S WILD" Instant Game No. 673 ticket.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 17 (seventeen) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 17 (seventeen) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 17 (seventeen) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning prize symbols on a ticket.

C. There will never be 3 like cards or 2 like cards and a joker symbol appearing in the same vertical column.

D. A non-winning prize symbol will never be the same as a winning prize symbol.

E. There will never be more than one joker symbol in a hand.

F. Winning and non-winning hands will be different from each other.

G. No four or more like symbols in a hand.

No 3 or more like symbols in a hand containing a joker symbol.

2.3 Procedure for Claiming Prizes.

A. To claim a "JOKER’S WILD" Instant Game prize of $1.00, $2.00, $4.00, $10.00, $20.00, $50.00, $100, or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not, in some cases, required to pay a $50.00, $100, or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

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

C. As an alternative method of claiming a "JOKER’S WILD" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.