Ark-Tex Council of Governments
The Ark-Tex Council of Governments (ATCOG) is seeking written quotes from qualified parties desiring to conduct a computer modeling study on Wright Patman Lake. (See Project Overview/Background below or contact Paul Prange to obtain Scope of Work.)
BACKGROUND: The Environmental Resource Planner's Office of ATCOG is currently under contract with the Texas Commission on Environmental Quality (TCEQ) to perform a computer modeling study on Wright Patman Lake, which is located between Bowie County and Cass County in the State of Texas. The focus of this study will be on low dissolved oxygen (DO) levels and high and low pH levels within the lake. ATCOG is seeking a contract with qualified, experienced individuals or companies to perform a computer modeling study to be completed before August 31, 2009. TCEQ has allocated approximately $85,000 for the contractual budget on this project.
PERFORMANCE PERIOD: All tasks and deliverables must be completed prior to the specified reporting periods listed in the scope of work.
SUBMISSION OF QUOTES: All quotes must be received no later than 5:00 p.m., Friday, April 25, 2008, with no exceptions. Quotes may be mailed, faxed, or hand-delivered to:
Paul Prange, Environmental Resource Planner
Ark-Tex Council of Governments
4808 Elizabeth Street
Texarkana, Texas 75503
Phone: (903) 832-8636
Fax: (903) 832-3441
Quotes must be submitted on the Request for Quote Response Form and be signed by an authorized representative of the interested party.
Request for Quote Response Form (.pdf)
This request for quotes proposal does not commit ATCOG to award a contract, to pay any cost incurred in the preparation of a quote for this request, or to procure services or supplies. ATCOG reserves the right to accept or reject any and all quotes as a result of this request, and to award the quote considered most advantageous to the ATCOG.
EVALUATION OF QUOTE: Quotes will be evaluated upon: (1) recent demonstrated experience in computer modeling; and (2) price.
Questions concerning the contents of this Request for Qualifications or questions of a general nature may be directed to Paul Prange, (903) 832-8636.
PROJECT OVERVIEW/BACKGROUND: Wright Patman Lake is an impoundment of the Sulphur River Basin located eleven miles southwest of Texarkana in Bowie and Cass counties, Texas. This 50-year old reservoir (Segment 302) was included in the draft 2006 Texas 303(d) List of impaired water bodies because of depressed levels of dissolved oxygen (DO) in the upstream portion of the reservoir and because of high and low pH and depressed DO in the downstream portion of the reservoir near the reservoir's dam. Despite appearing on every 303(d) list compiled by the State of Texas since 1996, uncertainty regarding the observed non-attainment of state DO and pH criteria has delayed the development of a Total Maximum Daily Load (TMDL) for the reservoir. One of the factors that has contributed to this uncertainty is the possibility that the occasional low DO and high and low pH levels observed in the reservoir may be the result of physical and biogeochemical conditions characteristic of shallow reservoirs located in vegetated, sub-temperate environments, such as those found in the east Texas region. The results of a preliminary review of available water quality and physiographic data suggest that Wright Patman Lake suffers from eutrophication which may be linked to a number of factors, including external phosphorus loading, internal nutrient cycling, and "reservoir aging". In response to these conditions, the TCEQ has initiated an effort to investigate the causes of low DO and high and low pH in Wright Patman Lake and to develop a strategy to bring the lake into compliance with Texas Surface Water Quality Standards.
The TCEQ and other organizations continue to collect additional data to further characterize the reservoir as part of ongoing surface water monitoring programs. However, in order to gain a detailed understanding of the relative influences of the factors involved in the occurrence of low DO and high and low pH in the reservoir, it is helpful to simulate the physical and biogeochemical processes associated with the lake's aquatic environment. This scope of work describes the tasks to be undertaken by the ARK-TEX Council of Governments (ARK-TEX COG) to produce a model of Wright Patman Lake capable of simulating, in detail, the current hydrodynamic and water quality conditions in the lake and conditions resulting from the implementation of proposed mitigation measures. ARK-TEX COG will use the model to develop recommendations for addressing the low DO and high and low pH levels observed in the reservoir.
TRD-200801547
L.D. Williamson
Executive Director
Ark-Tex Council of Governments
Filed: March 21, 2008
Purchasing Solutions Alliance (PSA), acting on behalf of the Brazos Valley Council of Governments (BVCOG) and its Members, is soliciting proposals for Office Supplies, Furnishings, Computer Supplies and Printing Services. Sealed proposals for Request for Proposals (RFP) #08-100 will be accepted until 2:00 p.m., Tuesday, April 8, 2008. Any proposal received after the above closing time will be returned unopened. Sealed proposals must be delivered to:
Roger D. Dempsey, C.P.M., A.P.P., Program Manager
Purchasing Solutions Alliance
3991 East 29th St.
Bryan, Texas 77802
Telephone: (979) 595-2801 Ext. 2034
Email: rdempsey@bvcog.org
Website: www.psabuy.org
Specifications, Scope of Services and Information for Offerors is on file and may be examined at the address listed above. These documents are also available online at: http://www.psabuy.org/index.php?option=com_content&task=view&id=33<emid=45.
A non-mandatory pre-proposal conference is scheduled at 10:00 a.m. CST, Friday, March 28, 2008 in the Robertson Conference Room located in the Purchasing Solutions Alliance Office at 3991 East 29th St., Bryan, Texas. All potential offerors are invited to attend.
PSA believes that the data contained in these specifications is sufficient for the preparation of proposals. Requests for additional information will be considered depending on the RFP time frame and the availability of the requested information. Such information will be submitted to all known Offerors simultaneously. All questions related to this RFP shall be addressed in writing. Questions must be submitted in writing (via e-mail) to the individual identified above prior to 5:00 p.m., CST, Wednesday, April 2, 2008 .
TRD-200801517
Roger D. Dempsey
Manager, Purchasing Solutions Alliance
Brazos Valley Council of Governments
Filed: March 19, 2008
Notice and Opportunity to Comment on Requests for Consistency Agreement/Concurrence Under the Texas Coastal Management Program
On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of March 14, 2008, through March 20, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on March 26, 2008. The public comment period for this project will close at 5:00 p.m. on April 25, 2008.
FEDERAL AGENCY ACTIONS:
Applicant: Port of Houston Authority; Location: The project is located at Barbours Cut (off Houston Ship Channel) at 1515 East Barbours Cut Boulevard, in La Porte, Harris County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: La Porte, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 305847; Northing: 3284990. Project Description: The applicant proposes to deepen an existing dock to 47 feet MLT. The wharf frontage will be dredged approximately 9,500 feet by 150 feet wide. The dredge material will be placed in Spilman Island placement area. An estimated 280,500 cubic yards of water bottom material will be removed. The purpose is to accommodate deeper draft container ships so as to improve transportation. CCC Project No.: 08-0099-F1. Type of Application: U.S.A.C.E. permit application #SWG-1999-2499 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403).
Applicant: Merritt Operating, Inc.; Location: The project is located adjacent to the area of the Gulf Intracoastal Waterway (GIWW) known as the Land Cut, west of the GIWW, near El Toro Island, in Kenedy County TX. The project can be located on the U.S.G.S. quadrangle map entitled: Maria Estella Well, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 14; Easting: 650680; Northing: 2981345. Project Description: The applicant proposes to re-enter and produce 3 previously abandoned oil and gas wells. In order to access the well sites, the applicant will need to conduct maintenance dredging in approximately 3.65 miles of existing access channel. The dredging would not exceed -6.0 feet Mean Low Water and the bottom cut of the channel would be approximately 50 feet wide and approximately 60 to 75 feet wide at the top of the cut. The channels have partially silted in due to years of non-use. The applicant would use a combination of mechanical and hydraulic dredging and place the discharged material in several placement areas adjacent to the existing channel as depicted in the attached project plans. The applicant will contain the runoff with the existing levees and silt fences. The applicant estimates that the volume of dredged material would not exceed 30,000 cubic yards of sand. CCC Project No.: 08-0100-F1. Type of Application: U.S.A.C.E. permit application #SWG-2008-00092 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).
Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.
Further information on the applications listed above may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.
TRD-200801585
Larry L. Laine
Chief Clerk/Deputy Commissioner, General Land Office
Coastal Coordination Council
Filed: March 26, 2008
Notice of Rate Bracket Adjustment
The Consumer Credit Commissioner of Texas has ascertained the following brackets and ceilings by use of the formula and method described in Texas Finance Code §341.203.1
The amounts of brackets in Texas Finance Code §342.201(a) are changed to $1,800.00 and $15,000.00, respectively.
The amounts of brackets in Texas Finance Code §342.201(e) are changed at $3,000.00, $6,300.00, and $15,000.00, respectively.
The ceiling amount in Texas Finance Code §342.251 and §342.259 are changed to $600.00 and $1,200.00, respectively.
The amounts of the brackets in Texas Finance Code §345.055 are changed to $3,000.00 and $6,000.00, respectively.
The amounts of the bracket in Texas Finance Code §345.103 is changed to $3,000.00.
The ceiling amount of Texas Finance Code §371.158 is changed to $15,000.00.
The amounts of the brackets in Texas Finance Code §371.159 are changed to $180.00, $1,200.00, and $1,800.00, respectively.
The above dollar amounts of the brackets and ceilings shall govern all applicable credit transactions and loans made on or after July 1, 2008, and extending through June 30, 2009.
1Computation method: The Reference Base Index (the Index for December 1967) = 101.6. The December 2007 Index = 612.948. The percentage of change is 603.30%. This equates to an increase of 600% after disregarding the percentage of change in excess of multiples of 10%.
TRD-200801562
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 24, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/31/08 - 04/06/08 is 18% for Consumer1 /Agricultural/Commercial2/credit through $250,000.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/31/08 - 04/06/08 is 18% for Commercial over $250,000.
1Credit for personal, family or household use.
2Credit for business, commercial, investment or other similar purpose.
TRD-200801561
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: March 24, 2008
Notice of Workshop Regarding the Equalization Surcharge
The Commission on State Emergency Communications (CSEC) will hold a workshop regarding the ability of the equalization surcharge to maintain a consistent level of 9-1-1 service across the state and support a viable poison control program. The workshop will be held on Tuesday, April 8, 2008, at 10:00 a.m., at the William P. Hobby Building, Room 100, Austin, Texas. Check in at the main entrance desk for access.
The workshop agenda is as follows:
I. Welcoming Remarks by CSEC Staff
II. Review Filed Comments to the Questions
III. Oral Replies to Questions
IV. Open Discussion
V. Closing
For further information, including questions to be addressed at the workshop, workshop updates, and filed comments, please go to the What's New section of CSEC's website (www.911.state.tx.us).
Written comments may be filed electronically by submitting them to csecinfo@csec.state.tx.us or by mailing them to CSEC, c/o Elizabeth Smith, 333 Guadalupe Street, Suite 2-212, Austin, Texas 78701-3942. Please include in the subject line "Comments for Equalization Surcharge Workshop." The deadline for submitting written comments is Monday, April 7, 2008 at 5:00 p.m.
Persons planning on participating in the workshop, please register by contacting Elizabeth Smith at (512) 305-6928 or elizabeth.smith@csec.state.tx.us. Hearing and speech-impaired individuals with a telecommunications device for the deaf may contact CSEC at (512) 305-6925.
Questions concerning the workshop or this notice should be referred to Elizabeth Smith at (512) 305-6928 or elizabeth.smith@csec.state.tx.us.
NOTE: CSEC will not be broadcasting the workshop or allowing telephonic participation.
TRD-200801598
Patrick Tyler
General Counsel
Commission on State Emergency Communications
Filed: March 26, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is May 5, 2008 . Section 7.075 also requires that the commission promptly consider any written comments received and that the commission may withdraw or withhold approval of an AO if a comment discloses facts or considerations that indicate that consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed AO is not required to be published if those changes are made in response to written comments.
A copy of each proposed AO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building C, 1st Floor, Austin, Texas 78753, (512) 239-1864 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 May 5, 2008. Written comments may also be sent by facsimile machine to the enforcement coordinator at (512) 239-2550. The commission enforcement coordinators are available to discuss the AOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the AOs shall be submitted to the commission in writing.
(1) COMPANY: American Plant Food Corporation; DOCKET NUMBER: 2007-1732-WQ-E; IDENTIFIER: RN102564333; LOCATION: Wortham, Freestone County, Texas; TYPE OF FACILITY: fertilizer mixing; RULE VIOLATED: 30 Texas Administrative Code (TAC) §281.25(a)(4) and 40 Code of Federal Regulations, §122.21(c), by failing to obtain authorization to discharge storm water associated with industrial activities; and the Code, §26.121(a), by failing to prevent an unauthorized discharge of fertilizer and storm water that had come into contact with bulk agricultural chemicals; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(2) COMPANY: Armortex, Inc.; DOCKET NUMBER: 2007-1560-AIR-E; IDENTIFIER: RN104444526; LOCATION: Schertz, Guadalupe County, Texas; TYPE OF FACILITY: fiberglass resin plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 74195, Special Condition (SC) Numbers 11(A)(1) (formerly SC Number 8(B)(1)), 11(B)(1) and (2) (formerly SC Number 8(B)(2)), and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain air contaminant emission records; 30 TAC §116.115(b)(2)(F), Air Permit Number 74195, General Condition Number 8 (Air Permit dated May 16, 2005), and THSC, §382.085(b), by failing to maintain emission rates below the maximum allowable emission rates required by Air Permit Number 74195; 30 TAC §116.115(c), Air Permit Number 74195, SC Number 5 (Air Permit dated May 16, 2005), and THSC, §382.085(b), by failing to keep all doors closed during the application of polyester resin; and 30 TAC §116.115(c), Air Permit Number 74195, SC Number 8A (Air Permit dated April 18, 2007), and THSC, §382.085(b), by failing to operate a bag house with maximum pressure drop of five inches of water; PENALTY: $32,730; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Babin Machine Works, Inc.; DOCKET NUMBER: 2008-0348-WQ-E; IDENTIFIER: RN100569425; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(4) COMPANY: Kerry Charles Brown; DOCKET NUMBER: 2008-0358-WOC-E; IDENTIFIER: RN105388318; LOCATION: San Angelo, Tom Green County, Texas; TYPE OF FACILITY: water operator; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupation license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.
(5) COMPANY: Chevron Phillips Chemical Company LP; DOCKET NUMBER: 2007-1861-AIR-E; IDENTIFIER: RN100825249; LOCATION: Old Ocean, Brazoria County, Texas; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.715(a), Flexible Permit Number 22690, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(6) COMPANY: Eggemeyer Land Clearing, LLC; DOCKET NUMBER: 2008-0106-MLM-E; IDENTIFIER: RN105053946; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: portable grinding operation; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain authorization from the TCEQ prior to engaging in activities in which air pollutants are emitted; and 30 TAC §332.8(b)(3) and (4), by failing to operate a grinder that is equipped with low-velocity fog nozzles and by failing to have a water or mechanical dust suppression system available for the grinding operation; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(7) COMPANY: El Paso County; DOCKET NUMBER: 2007-1917-AIR-E; IDENTIFIER: RN100819192 and RN105016646; LOCATION: El Paso and Fabens, El Paso County, Texas; TYPE OF FACILITY: county government road maintenance stations; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with a minimum of 2.7% by weight oxygenated fuel requirement; PENALTY: $2,000; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(8) COMPANY: ExxonMobil Oil Corporation; DOCKET NUMBER: 2007-1658-AIR-E; IDENTIFIER: RN102450756; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: petroleum refining plant; RULE VIOLATED: 30 TAC §116.1520(c) and THSC, §382.085(b), by failing to submit a completed best available retrofit technology analysis; PENALTY: $40,950; Supplemental Environmental Project (SEP) offset amount of $16,380 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Clean School Buses; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(9) COMPANY: City of Fairfield; DOCKET NUMBER: 2007-2000-PWS-E; IDENTIFIER: RN101231660; LOCATION: Fairfield, Freestone County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(1)(A), by failing to install a backflow prevention assembly or an air gap at all residences and establishments where an actual or potential contamination hazard exists; and 30 TAC §290.42(j), by failing to use an approved chemical or media that conforms to American National Standards Institute/National Sanitation Foundation standards for indirect additives; PENALTY: $712; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(10) COMPANY: Hardin County; DOCKET NUMBER: 2007-1745-MSW-E; IDENTIFIER: RN101692564 and RN104806344; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: unauthorized disposal site; RULE VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $6,060; Supplemental Environmental Project (SEP) offset amount of $4,848 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(11) COMPANY: Hooks Mobile Home Park, Ltd.; DOCKET NUMBER: 2007-2020-MWD-E; IDENTIFIER: RN102177698; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number 12083-001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total ammonia nitrogen; PENALTY: $1,650; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: Katy Sun Parks, Ltd.; DOCKET NUMBER: 2007-1834-PWS-E; IDENTIFIER: RN101229748; LOCATION: Katy, Harris County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(D)(v) and THSC, §341.0315(c), by failing to provide emergency power to deliver water at a rate of 0.35 gallons per minute (gpm) per connection to the distribution system; 30 TAC §290.46(m)(1)(B), by failing to inspect the facility's pressure tank annually; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.41(c)(3)(B), by failing to provide a well casing that extends a minimum of 18 inches above the elevation of the finished floor of the pump house; 30 TAC §290.43(c)(8), by failing to maintain the facility's pressure tank in accordance with America Water Works Assocation (AWWA) standards; 30 TAC §290.46(m)(6), by failing to maintain service pump number 1 at the well site in good working condition; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.42(e)(4)(C), by failing to provide adequate ventilation for all enclosures in which gas chlorine is being stored or fed; and 30 TAC §290.46(m)(1)(A), by failing to inspect the facility's ground storage tank annually; PENALTY: $3,350; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(13) COMPANY: Millennium Petrochemicals Inc.; DOCKET NUMBER: 2007-1918-AIR-E; IDENTIFIER: RN100224450; LOCATION: La Porte, Harris County, Texas; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 4751, SC Number 6, and THSC, §382.085(b), by failing to prevent a pin-hole leak on a pipe; PENALTY: $5,525; Supplemental Environmental Project (SEP) offset amount of $2,210 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red (FTIR) Project; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(14) COMPANY: City of Needville; DOCKET NUMBER: 2007-1955-MWD-E; IDENTIFIER: RN103016408; LOCATION: Needville, Fort Bend County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010343001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids, total ammonia nitrogen, and flow; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(15) COMPANY: City of Point; DOCKET NUMBER: 2007-1595-PWS-E; IDENTIFIER: RN101391407; LOCATION: Point, Rains County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(2)(C), TCEQ Agreed Order Docket Number 2001-0499-PWS-E, Ordering Provision 2.b., and THSC, §341.0315(c), by failing to provide a minimum transfer pump capacity of 0.6 gpm per connection; 30 TAC §290.43(c)(8), §290.43(c)(2) and (c)(3), by failing to design, construct, and/or maintain all tanks in strict accordance with AWWA standards; 30 TAC §290.45(b)(2)(A) and THSC, §341.0315(c), by failing to provide a raw water pump capacity of 0.6 gpm per connection; 30 TAC §290.39(j), by failing to notify the executive director prior to making any significant change or addition to the system's pressure facilities; 30 TAC §290.46(m), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.46(s)(1), by failing to calibrate flow measuring devices and rate-of-flow controllers at least once every 12 months; 30 TAC §290.112(e)(1), by failing to submit total organic carbon reports; 30 TAC §290.121, by failing to develop and maintain up-to-date chemical and microbiological monitoring plans; and 30 TAC §290.46(f)(3)(E)(iv), by failing to keep on file completed customer service inspection reports; PENALTY: $6,608; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
(16) COMPANY: REE Holding, Inc. dba Tool Tech; DOCKET NUMBER: 2008-0323-WQ-E; IDENTIFIER: RN102953296; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(17) COMPANY: Southwest-Tex Leasing Company, Inc.; DOCKET NUMBER: 2007-1899-AIR-E; IDENTIFIER: RN100967777; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: car and truck rental leasing company; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline; PENALTY: $1,020; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (915) 834-4949.
(18) COMPANY: Texas Port Recycling LP; DOCKET NUMBER: 2008-0008-AIR-E; IDENTIFIER: RN101474955; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: automobile and metal shredding plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by failing to obtain a permit or meet the conditions of a Permit by Rule for the construction and operation of a shredder; PENALTY: $900; ENFORCEMENT COORDINATOR: Sidney Wheeler, (512) 239-4969; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(19) COMPANY: The Premcor Refining Group Inc.; DOCKET NUMBER: 2007-1455-AIR-E; IDENTIFIER: RN102584026; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.201(a)(2)(F) and §122.143(4), Federal Operating Permit (FOP) O-1498, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to properly report an emissions event; 30 TAC §116.115(c) and §122.143(4), FOP O-1498, GTC, SC 18A, Air Permit 7600A, SC 1, and THSC, §382.085(b), by failing to properly operate tank 283 and tank 284; and 30 TAC §§101.20(3), 116.115(b)(2)(F), 116.715(a), 116.715(c)(7), and 122.143(4), FOP O-1498, GTC, SC 18A, Air Permits 6825A/PSD-TX-49, SC 5A, and 7600A, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $64,641; Supplemental Environmental Project (SEP) offset amount of $32,320 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(20) COMPANY: City of Wills Point; DOCKET NUMBER: 2007-1573-MWD-E; IDENTIFIER: RN102852514; LOCATION: Van Zandt County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $18,600; Supplemental Environmental Project (SEP) offset amount of $14,880 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Merrilee Hupp, (512) 239-4490; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.
TRD-200801569
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 25, 2008
For the Period of March 24, 2008.
Waste Control Specialists LLC, 1 mile north of S.H. 176 at NW9998 on State Line Road, Andrews, Texas, has applied to the Texas Commission on Environmental Quality (TCEQ) for an amendment of Radioactive Material License No. R04971. Radioactive Material License No. R04971 authorizes radioactive waste processing and storage. The amendment application requests a change in the Radiation Safety Officer (RSO) and to authorize wipe tests to satisfy the confirmatory sampling requirements for sealed sources containing special nuclear material (SNM) required by the Nuclear Regulatory Commission under Docket No. 70-7005.
The TCEQ Executive Director has completed the technical review of the amendment request and prepared an amended draft license. The draft license 1) authorizes the change in RSO from Guy Crawford, Ph.D. to Tim Greene, 2) grants a one time exemption, to expire within 2 weeks of receipt of the sealed sources described in the letters from WCS dated August 7, 2007 and September 21, 2007, to allow wipe tests of the surface of special nuclear material sealed sources to satisfy the confirmatory sampling requirements, 3) changes the authority of the license and its format from the Department of State Health Services to the TCEQ, 4) removes the administrative renewal conditions (not required for TCEQ permits), 5) imposes fingerprinting and criminal history records check requirements for unescorted access to certain radioactive material, 6) changes references to Title 25 of the Texas Administrative Code (TAC) Section (§) 289 to the corresponding reference in Title 30 TAC §336, except for transportation of radioactive material, which remains in 25 TAC §289, 7) removed reference to 25 TAC §289.252(hh) concerning emergency plans since no corresponding reference in 30 TAC §336 was available, and 8) added extra conditions required for all TCEQ permits as stated in 30 TAC §305.125. The license amendment request, the Executive Director's technical summary, and amended draft license are available for viewing and copying at the TCEQ's central office in Austin, Texas and at the Andrews County Library located at 109 Northwest First Street in Andrews, Texas.
PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ holds a public meeting if the Executive Director determines that there is a significant degree of public interest in the application. A public meeting is not a contested case hearing. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material or significant public comments.
EXECUTIVE DIRECTOR ACTION. The Executive Director may issue final approval of the minor amendment after consideration of all timely comments submitted on the application.
MAILING LIST. If you submit public comments, you will be added to the mailing list for this specific license to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and license number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.
All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 10 days from the date this notice is published in the Texas Register which should be on or about March 28, 2008.
AGENCY CONTACTS AND INFORMATION. If you need more information about this license application or the licensing process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us.
Further information may also be obtained from Waste Control Specialists LLC at Three Lincoln Center, 5430 LBJ Freeway, Suite 1700, Dallas, TX 75240 or by contacting Mr. Tim Greene at (888) 789-2783.
TRD-200801588
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
Notices issued March 11, 2008 through March 19, 2008.
TCEQ Internal Control No. 12272007-D02; JM TEXAS LAND FUND NO. 4, L.P. (the "Petitioner") filed a petition for creation of Harris County Municipal Utility District No. 477 (the "District") with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code Chapter 293; and the procedural rules of the TCEQ. The petition was filed with the county clerk in Harris County, pursuant to 30 TAC Section §293.11(d). The petition states the following: (1) the Petitioners are the owner of more than 50% of 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 444.294 acres located in Harris County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Houston, 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 Ordinance No. 2007-664, effective June 19, 2007, the City of Houston, Texas, gave its consent to the creation of the proposed District, pursuant to Texas Water Code §54.016. According to the petition, the Petitioners have conducted a preliminary investigation to determine the cost of the project and from the information available at the time, the cost of the project is estimated to be approximately $44,510,000.
TCEQ Internal Control No. 02012008-D05; Oaks at San Gabriel, LLC, (Petitioner) filed a petition for creation of West Williamson County Municipal Utility District No. 1 (District) with the Texas Commission on Environmental Quality (TCEQ). The petition was filed pursuant to Article XVI, Section 59 of the Constitution of the State of Texas; Chapters 49 and 54 of the Texas Water Code; 30 Texas Administrative Code 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, consisting of one tract, 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 397.768 acres located in Williamson County, Texas; and (4) the proposed District is within the extraterritorial jurisdiction of the City of Georgetown, 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. 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 $19,596,198.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.
The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. To request a contested case hearing, you must submit the following: (1) your name (or for a group or association, an official representative), mailing address, daytime phone number, and fax number, if any; (2) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning the hearing process, please contact the Public Interest Counsel, MC 103, at the same address. For additional information, individual members of the general public may contact the Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.
TRD-200801590
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
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
A copy of each proposed AO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about an AO should be sent to the attorney designated for the AO at
the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be received by 5:00p.m. on May 5, 2008
. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The designated attorney
is available to discuss the AO and/or the comment procedure at the
listed phone number; however, §7.075 provides that comments on
an AO shall be submitted to the commission in writing.
(1) COMPANY: Jimmy Kim dba Le Bon Cleaners; DOCKET NUMBER: 2003-1560-IHW-E;
TCEQ ID NUMBER: RN100652387; LOCATION: 5821 Kirby Drive, Houston,
Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES
VIOLATED: 30 TAC §335.62 and §335.504 and 40 Code of Federal
Regulations (CFR) §262.11, by failing to conduct a waste characterization
for the two waste streams generated by the dry cleaning machines at
the facility; 30 TAC §§335.6(c), 335.9(a)(1)(A)-(G) and
(2), and 335.13(i) and 40 CFR §262.40(a), by failing to provide
notification of all solid waste activities to the TCEQ, keep records
of all hazardous solid waste activities regarding the quantities generated,
stored, processed, and disposed of on-site or shipped off-site for
storage, processing, or disposal, retain a signed copy of each manifest
utilized for the shipment of hazardous waste, and submit the Annual
Hazardous Waste Summary; 30 TAC §335.474, by failing to have
a Source Reduction and Waste Minimization Plan; 30 TAC §335.69(f)(4)(B)
and (f)(5)(A), (C), and (D) and 40 CFR §262.34(d)(4) and (d)(5)(i),
(iii), and (iv), by failing to designate an emergency response coordinator,
post the required emergency information, ensure that employees are
familiar with proper waste handling and emergency procedures and familiarize
local response authorities and hospitals with the layout and hazardous
wastes handled at the facility; and 30 TAC §335.69(f)(2) and
(f)(4)(A) and 40 CFR §262.34(d)(2) and (d)(4), by failing to
keep two containers of hazardous waste closed, except when it is necessary
to add or remove waste; inspect containers of hazardous waste for
leaks and deterioration on a weekly basis; and clearly label or mark
two containers of hazardous waste with the words Hazardous Waste or
with a start accumulation date; PENALTY: $18,428; STAFF ATTORNEY:
Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston,
Texas 77023, (713) 767-3500.
(2) COMPANY: Thatta Corporation Inc. dba Stop-N-Drive #26; DOCKET
NUMBER: 2004-0672-PST-E; TCEQ ID NUMBER: RN102782851; LOCATION: 1096
Alabama Street, Beaumont, Jefferson County, Texas; TYPE OF FACILITY:
convenience store with retail sales of gasoline; RULES VIOLATED: 30
TAC §334.47(a)(2), by failing to permanently remove an existing
underground storage tank (UST) system that was not brought into compliance
with upgrade requirements within 60 days of the prescribed implementation
date; 30 TAC §334.54(d)(2), by failing to ensure that residue
from stored regulated substances which remain in the system did not
exceed 2.5 centimeters at the deepest point and did not exceed 0.3%
by weight, of the system at full capacity; 30 TAC §334.7(d)(3),
by failing to provide amended registration for any change or additional
information regarding the USTs within 30 days of the date of the occurrence
of the change or addition, or within 30 days of the date on which
the owner or operator first became aware of the change or addition;
30 TAC §334.50(a)(1)(A) and Texas Water Code (TWC), §26.3475(d),
by failing to perform release monitoring for the UST system at least
once per month; 30 TAC §334.49(a) and TWC, §26.3475(d),
by failing to provide corrosion protection for the UST system; 30
TAC §37.815(a) and (b), by failing to demonstrate 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 UST system; and 30 TAC §334.22(a) and
TWC, §5.702, by failing to pay UST fees for Fiscal Years 2003-2004
for TCEQ Financial Administration Account Number 0032113U; PENALTY:
$13,200; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13,
(210) 403-4016; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex
Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
TRD-200801566
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 25, 2008
The Texas Commission on Environmental Quality (TCEQ or commission)
staff is providing an opportunity for written public comment on the
listed Default Orders (DOs). The commission staff proposes a DO when
the staff has sent an executive director's preliminary report and
petition (EDPRP) to an entity outlining the alleged violations; the
proposed penalty; and the proposed technical requirements necessary
to bring the entity back into compliance; and the entity fails to
request a hearing on the matter within 20 days of its receipt of the
EDPRP or requests a hearing and fails to participate at the hearing.
Similar to the procedure followed with respect to Agreed Orders entered
into by the executive director of the commission, in accordance with
Texas Water Code (TWC), §7.075 this notice of the proposed order
and the opportunity to comment is published in the Texas Register
no later than the 30th day
before the date on which the public comment period closes, which in
this case is May 5, 2008. The commission
will consider any written comments received and the commission may
withdraw or withhold approval of a DO if a comment discloses facts
or considerations that indicate that consent to the proposed DO is
inappropriate, improper, inadequate, or inconsistent with the requirements
of the statutes and rules within the commission's jurisdiction, or
the commission's orders and permits issued in accordance with the
commission's regulatory authority. Additional notice of changes to
a proposed DO is not required to be published if those changes are
made in response to written comments.
A copy of each proposed DO is available for public inspection at
both the commission's central office, located at 12100 Park 35 Circle,
Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at
the applicable regional office listed as follows. Written comments
about the DO should be sent to the attorney designated for the DO
at the commission's central office at P.O. Box 13087, MC 175, Austin,
Texas 78711-3087 and must be received by 5:00
p.m. on May 5, 2008. Comments may also be sent by facsimile
machine to the attorney at (512) 239-3434. The commission's attorneys
are available to discuss the DOs and/or the comment procedure at the
listed phone numbers; however, §7.075 provides that comments
on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Azman Incorporated dba Shoppers Mart 2; DOCKET NUMBER:
2002-0120-PST-E; TCEQ ID NUMBER: RN101858058; LOCATION: 10102 Homestead,
Houston, Harris County, Texas; TYPE OF FACILITY: convenience store
with retail fuel sales; RULES VIOLATED: 30 TAC §115.245(1) and
Texas Health and Safety Code, §382.085(b), by failing to perform
the initial testing of the Stage II vapor recovery system within 30
days of the system's installation; Texas Water Code (TWC), §7.101
and Agreed Order, Docket Number 2002-0522-PST-E, Section IV.1, by
failing to complete payment of administrative penalty; and 30 TAC §334.22,
by failing to pay annual and associated late underground storage tank
(UST) fees for Fiscal Year 2004; PENALTY: $2,000; STAFF ATTORNEY:
Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL
OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston,
Texas 77023, (713) 767-3500.
(2) COMPANY: Bountheung Noymany dba Boat Club Grocery; DOCKET NUMBER:
2004-1008-PST-E; TCEQ ID NUMBER: RN100737493; LOCATION: 5300 Boat
Club Road, Fort Worth, Tarrant County, Texas; TYPE OF FACILITY: 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 USTs; and 30 TAC §334.33(a) and
TWC, §5.702, by failing to pay outstanding UST fees for Financial
Administration Account Number 0057899U for Fiscal Years 2005-2007;
PENALTY: $6,750; STAFF ATTORNEY: Becky Combs, Litigation Division,
MC 175, (512) 239-6939; REGIONAL OFFICE: Dallas-Fort Worth Regional
Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(3) COMPANY: Spur Services, Inc. dba Spur Texaco; DOCKET NUMBER:
2004-1825-PST-E; TCEQ ID NUMBER: RN101654119; LOCATION: 4700 Doniphan
Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: convenience
store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a)
and (b), by failing to provide acceptable financial assurance for
taking corrective action and for compensating third parties for bodily
injury and property damage caused by accidental releases from the
operation of petroleum USTs; 30 TAC §334.22(a) and TWC, §5.702,
by failing to pay UST fees for TCEQ Account Number 0059962U for Fiscal
Years 2004-2005 and associated late fees; and TWC, §7.051 and
Agreed Order Docket Number 2001-1186-PST-E, Section IV.1., by failing
to pay outstanding Administrative Penalties associated with Agreed
Order Docket Number 2001-1186-PST-E, for TCEQ Account Number 23700281;
PENALTY: $3,810; STAFF ATTORNEY: Justin Lannen, Litigation Division,
MC R-4, (817) 588-5927; REGIONAL OFFICE: El Paso Regional Office,
401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
TRD-200801567
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: March 25, 2008
The Texas Commission on Environmental Quality (commission) will
conduct a public hearing to receive testimony concerning proposed
revisions to 30 TAC Chapter 30, Occupational Licenses and Registrations
and Chapter 285, On-Site Sewage Facilities.
The proposed rules would implement House Bill 2482, 80th Legislature,
2007, Regular Session, address a petition from the Texas Environmental
Health Association and revise and update several areas within Chapter
285 and Chapter 30. The proposed rules would address homeowner maintenance
of aerobic treatment and disposal systems; develop a new licensing
and registration program for persons who maintain aerobic treatment
units for compensation; address a petition concerning conflict of
interest for designated representatives; clarify siting, design, setback,
permitting, and leak testing requirements for on-site sewage facilities;
address cluster systems relating to definitions, ownership requirements
and utility regulations; amend or create definitions for direct supervision,
testing and reporting and maintenance technician, and phase out the
definition of maintenance company; and clean up errata and inconsistencies
in the rules.
The commission will hold a public hearing on this proposal in Austin
on April 29, 2008 at 10:00 a.m. in Building E, Room 201S, at the commission's
central office located at 12100 Park 35 Circle. The hearing will be
structured for the receipt of oral or written comments by interested
persons. Registration will begin 30 minutes prior to the hearing.
Individuals may present oral statements when called upon in order
of registration. There will be no open discussion during the hearing;
however, commission staff members will be available to informally
discuss the proposal 30 minutes before the hearing.
Persons who have special communication or other accommodation needs
who are planning to attend the hearing should contact Kristin Smith,
Office of Legal Services, at (512) 239-0177.
Comments may be submitted to Kristin Smith, MC 205, Office of Legal
Services, Texas Commission on Environmental Quality, P.O. Box 13087,
Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments
may be submitted at http://www5.tceq.state.tx.us/rules/ecomments.
File size restrictions may apply to comments submitted through
the eComments system. All comments should reference Rule Project Number
2007-033-285-CE. The comment period closes May 5, 2008. Copies of
the proposed rules can be obtained from the commission's Web site
at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information, please contact Joseph L. Strouse,
P.E., Compliance Support Division, at (512) 239-6003.
TRD-200801535
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 21, 2008
The Texas Commission on Environmental Quality (commission) will
conduct a public hearing to receive testimony regarding the proposed
amendment to 30 TAC Chapter 328, Waste Minimization and Recycling.
The proposed rulemaking would implement House Bill 2541, 80th Legislature,
Regular Session, 2007. The proposed rulemaking would establish requirements
for non-permitted and non-registered municipal solid waste recyclers
that store combustible material for producing mulch or compost located
in certain counties. At present, Bexar County is the only county affected
by this legislation. These new requirements would prescribe time limits
for processing and removing materials from the facility; limit the
amount of combustible materials stored; limit the size of piles; require
fire lanes; require buffer zones from the facility boundary; and establish
more stringent standards for these same facilities that are located
on the recharge or transition zone of a sole source aquifer. These
new requirements must not become effective until the first anniversary
of the date the rule is adopted.
A public hearing on this proposal will be held in San Antonio on
April 28, 2008, at 2:00 p.m., at the Alamo Area Council of Governments,
8700 Tesoro Drive, Al J. Notzon Board Room #100. The hearing will
be structured for the receipt of oral or written comments. Registration
begins 30 minutes prior to the hearing. Individuals may present oral
statements when called upon in order of registration. A time limit
may be established to assure enough time is allowed for every interested
person to speak. There will be no open discussion during the hearing;
however, commission staff members will be available for discussion
30 minutes prior to the hearing and will answer questions before and
after the hearing.
Persons planning to attend the hearing, who have special communication
or other accommodation needs, should contact the Commission's Office
of Public Assistance at (512) 239-4000. Requests should be made as
far in advance as possible.
Comments may be submitted to Michael Parrish, MC 205, Office of
Legal Services, Texas Commission on Environmental Quality, P.O. Box
13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic
comments may be submitted at
http://www5.tceq.state.tx.us/rules/ecomments
. File size restrictions may apply to comments submitted through
the eComments system. All comments should reference Rule Project Number
2007-044-328-PR. The comment period closes May 5, 2008. To view rules,
please visit
http://www.tceq.state.tx.us/nav/rules/propose_adopt.html
. For further information or questions concerning this proposal,
please contact Wayne Harry, Municipal Solid Waste Permits Section,
at (512) 239-6619.
TRD-200801545
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 21, 2008
The Texas Commission on Environmental Quality (TCEQ) is requesting
nominations for five individuals to serve on the TCEQ Water Utility
Operator Licensing Advisory Committee (the Committee). The Committee
membership represents various geographic areas of the state, ethnicity,
businesses, governments, associations, and industries. If you have
served on this advisory committee or nominated someone or self-nominated
in the past, you may do so again. When members' terms expire, the
committee representation changes and individuals with varying backgrounds
and geographic locations are needed each time.
The authority for the committee is found in 30 TAC Chapter 5. The
objectives of the 13-member committee are: 1) to review training and
educational material to promote quality education and training; 2)
to review Job Analysis exam validations and to advise and assist regarding
licensing requirements; 3) to assist with the review of rules, regulations,
guidance documents, and policy statements; 4) to represent a diversity
of viewpoints; 5) and to promote interaction with outside organizations.
These five appointments will be made by the TCEQ commissioners
and will be for four-year terms, beginning September 1, 2008. The
committee meets as needed, usually four times a year. Meetings are
held at the TCEQ offices located at 12100 Park 35 Circle in Austin,
Texas, and last approximately 2 - 4 hours. No financial compensation
is available. Additional information regarding the Committee is available
at the following web site:
http://www.tceq.state.tx.us/compliance/compliance_support/licensing/wuoc_comm.html
.
To nominate an individual or to self-nominate, submit a resume
of the nominee, including work history, dates of employment, job titles
and duties, educational background, professional licenses held, and
dates of past and current memberships on TCEQ committees, councils
and work groups and a letter from the nominee indicating his/her agreement
to serve, if appointed, and indicating that he/she has employer approval
to serve, if required.
Nominations must be received at TCEQ by 5:00 p.m., on April 25, 2008.
Nominations may be mailed to Juanita
Lopez, Compliance Support Division, MC 178, Texas Commission on Environmental
Quality, P.O. Box 13087, Austin Texas 78711-3087. Nominations may
also be faxed to Ms. Lopez at (512) 239-6272 or sent by email
to jlopez@tceq.state.tx.us.
Questions regarding the committee can be directed to Ms. Lopez
at (512) 239-6139 or to Noreen Helmle at (512) 239-3918 or nhelmle@tceq.state.tx.us.
TRD-200801564
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 25, 2008
The Texas Commission on Environmental Quality (TCEQ or commission)
has made available for public comment one draft total maximum daily
load (TMDL) for bacteria in the Leon River Below Proctor Lake (Segment
1221) of the Brazos River Basin, located in Comanche, Hamilton, and
Coryell Counties. The TCEQ will conduct a public meeting to receive
comments on the draft TMDL. This announcement also constitutes notice
that the TMDL will become part of the State Water Quality Management
Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included
in the State of Texas Clean Water Act, §303(d) list of impaired
water bodies. A TMDL is a detailed water quality assessment that provides
the scientific foundation to allocate pollutant loads in a certain
body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDL for bacteria
in the Leon River Below Proctor Lake (Segment 1221). The purpose of
the public meeting is to provide the public an opportunity to comment
on the draft TMDL. The commission requests comment on each of the
major components of the TMDL: problem definition, endpoint identification,
source analysis, seasonal variation, linkage between sources and receiving
waters, margin of safety, pollutant loading allocation, public participation,
and implementation and reasonable assurances. After the public comment
period, TCEQ staff may revise the TMDL, if appropriate. The final
TMDL will then be considered by the commission for adoption. Upon
adoption of the TMDL by the commission, the final TMDL and a response
to all comments will be made available on the TCEQ Web site. The TMDL
will then be submitted to EPA Region 6 for approval. Upon approval,
the TMDL will be certified as an update to the State of Texas Water
Quality Management Plan.
The public comment meeting will be held on April
17, 2008, 7:00 p.m., at the Hamilton County Courthouse, 102 North
Rice, Hamilton, Texas 76531. At this meeting individuals have
the opportunity to present oral statements when called upon in order
of registration. An agency staff member will give a brief presentation
at the start of the meeting and will be available to answer questions
before and after all public comments have been received.
Written comments should be submitted to Kerry Niemann, Water Programs
Division, Texas Commission on Environmental Quality, MC 203, P.O.
Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All
comments must be received by 5:00 p.m., May 5, 2008
, and should reference, One
Total Maximum Daily Load for Bacteria in the Leon River Below Proctor
Lake, for Segment Number 1221. For further information regarding
the draft TMDL, please contact Kerry Niemann, Water Programs Division,
at (512) 239-0483 or kniemann@tceq.state.tx.us.
Copies of the draft TMDL document will be available and can be obtained
via the commission's Web site at:
http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html
or by calling (512) 239-6682.
Persons with disabilities who have special communication or other
accommodation needs who are planning to attend the meeting should
contact the commission at (512) 239-6682. Requests should be made
as far in advance as possible.
TRD-200801565
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: March 25, 2008
The following notices were issued during the period of March 6,
2008 through March 17, 2008.
The following require the applicants to publish notice in a newspaper.
Public comments, requests for public meetings, or requests for a contested
case hearing may be submitted to the Office of the Chief Clerk, Mail
Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS
OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
ARAMARK UNIFORM AND CAREER APPAREL LLC which operates a groundwater
treatment system which was formerly and industrial laundry and dry
cleaning facility, has applied for a renewal of TPDES Permit No. WQ0004575000,
which authorizes the discharge of treated groundwater at a daily average
flow not to exceed 14,400 gallons per day via Outfall 001. The facility
is located at 8302 Market Street Road at the intersection of Market
Street Road and Port Houston Street in the City of Houston, Harris
County, Texas.
CEDARSTONE ONE INVESTORS LTD has applied for a renewal of TPDES
Permit No. WQ0013697001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 3,000 gallons
per day. The facility is located on the front parking lot of Cedarstone
Commercial Complex, on the north side of Sawdust Road, approximately
one-tenth of a mile of the intersection of Sawdust Road and Sawmill
Road in the Woodlands in Montgomery County, Texas.
CITY OF DEER PARK has applied for a renewal of TPDES Permit No.
WQ0010519002, which authorizes the discharge of treated domestic wastewater
at an annual average flow not to exceed 6,000,000 gallons per day.
The facility is located approximately 800 feet south of State Highway
225 and approximately 3000 feet east of Center Street within the City
limits of the City of Deer Park in Harris County, Texas.
CITY OF HOUSTON has applied for a renewal of TPDES Permit No. WQ0010495151,
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 750,000 gallons per day. The facility
is located approximately 1-1/8 miles west southwest of the intersection
of Interstate Highway 45 and State Highway 249; approximately 1400
feet southwest of the intersection of Stuebner-Airline Road and State
Highway 249 in Harris County, Texas.
CITY OF POTEET has applied for a renewal of TPDES Permit No. WQ0013630001,
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 640,000 gallons per day. The facility
is located approximately 9,500 feet southeast of the intersection
of State Highway 16 and State Highway 476 in the southern section
of the City of Poteet in Atascosa County, Texas.
FAULKEY GULLY MUNICIPAL UTILITY DISTRICT has applied for a renewal
of TPDES Permit No. WQ0011832001, which authorizes the discharge of
treated domestic wastewater at an annual average flow not to exceed
1,420,000 gallons per day. The facility is located at 15503 Hermitage
Oak, north of Louetta Road and west of State Highway 249, east of
North Eldridge Parkway in Harris County, Texas.
GALILEO MOUNT HOUSTON TX LP has applied for a renewal of TPDES
Permit No. WQ0014144001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 99,000 gallons
per day. The facility is located at 4918 Orange Grove, approximately
680 feet north of the intersection of U.S. Highway 59 and Mount Houston
Road in Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 8 has applied for a
renewal of TPDES Permit No. WQ0011727001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
835,000 gallons per day. The facility is located at 555 Normandy Street,
just south of the intersection of Normandy Street and Woodforest Boulevard
in Harris County, Texas.
HOUSTON METRO RV PARK INC has applied for a renewal of TPDES Permit
No. WQ0012617001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 35,000 gallons per
day. The facility is located at 1719 Gault Road, approximately 1,200
feet west of the intersection of Gault Road and Aldine-Westfield Road
in Harris County, Texas.
LUNINANT GENERATION COMPANY which operates the Comanche Peak Nuclear
Power Plant, an electric generating station, has applied for a renewal
of TPDES Permit No. WQ0001854000, which authorizes the discharge of
once-through cooling and auxiliary cooling water and previously monitored
effluents at a daily average flow not to exceed 3,168,000,000 gallons
per day via Outfall 001; water from the Safe Shutdown Impoundment
(containing cooling water, low volume wastes (service water), and
storm water runoff) on an intermittent and flow variable basis via
Outfall 002; treated sanitary sewage effluent on flow variable basis
via Outfall 003; low volume wastewater and previously monitored effluents
on an intermittent and flow variable basis via Outfall 004; and waters
contained in Squaw Creek Reservoir on an intermittent and flow variable
basis via Outfall 005. The facility is located at 6322 North Farm-to-Market
Road 56, on the west side of Squaw Creek Reservoir along State Highway
56, approximately four and one half (4.5) miles northwest of the City
of Glen Rose, Somervell County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO 88 has applied
for a renewal of TPDES Permit No. WQ0014523001 which authorizes the
discharge of treated domestic wastewater at a daily average flow not
to exceed 600,000 gallons per day. The facility will be located approximately
7,200 feet northeast of the intersection of Rayford Road and Riley
Fuzzel Road in Montgomery County, Texas.
MONUMENT INN INC has applied for a renewal of TPDES Permit No.
WQ0013666001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 13,000 gallons per day. The
facility is located approximately 150 feet due east of State Highway
134, 4,100 feet due north of the San Jacinto Monument and 400 feet
due south of the Houston Ship Channel in Harris County, Texas.
RICE CONSOLIDATED INDEPENDENT SCHOOL DISTRICT has applied to the
Texas Commission on Environmental Quality (TCEQ) for a new permit,
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit
No. WQ0014846001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 60,000 gallons per day. The
facility will be located 2 miles west of the intersection of Highway
90 and Highway 71 in Altair in Colorado County, Texas.
TEXAS DEPARTMENT OF TRANSPORTATION has applied for a new permit,
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit
No. WQ0014854001, to authorize the discharge of treated domestic wastewater
at a daily average flow not to exceed 14,000 gallons per day. TCEQ
received this application on September 25, 2007. The facility will
be located approximately 2.8 miles southeast of the intersection of
State Highway 14 and Interstate Highway 45 (IH-45), south of Richland
in Navarro County, Texas.
If you need more information about these permit applications or
the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can
be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200801586
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
The following notices were issued during the period of March 13,
2008 through March 26, 2008.
The following require the applicants to publish notice in a newspaper.
Public comments, requests for public meetings, or requests for a contested
case hearing may be submitted to the Office of the Chief Clerk, Mail
Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS
OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.
INFORMATION SECTION
ATCO VALLEY PLAZA LLC which operates Atco Industrial Park, has
applied for a new permit, proposed Permit No. WQ0004839000, to authorize
the disposal of treated domestic wastewater and storm water at a daily
average flow not exceed 10,000 gallons per day via evaporation and
irrigation of seven acres of bermuda grass at a hydrualic application
rate of 1.60 acre-feet/acre/year. This permit will not authorize a
discharge of pollutants into water in the State.
BLUEBONNET INVESTORS has applied for a renewal permit, consideration
of the application by Bluebonnet Investors for renewal of, and conversion
to an individual permit, State Registration No. WQ0003286000, for
a Concentrated Animal Feeding Operation (CAFO), to authorize the applicant
to operate an existing dairy facility at a maximum capacity of 500
head, of which 500 head are milking cows. The facility is located
on the north side of County Road 251 approximately eight tenths (0.80)
mile west of the intersection of County Road 251 and Farm-to-Market
Road 914. The intersection is located approximately three and one
half (3.5) miles south of the intersection of US Highway 67 and Farm-to-Market
Road 914 in Stephenville, Erath County, Texas.
BRAZORIA COUNTY MUNICIPAL UTILITY DISTRICT NO 30 has applied for
a renewal of TPDES Permit No. WQ0014461001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
500,000 gallons per day. The facility is located along the north side
of State Highway 6, approximately 3,500 feet east of the intersection
of State Highway 288 and State Highway 6 in Brazoria County, Texas
BRUNI RURAL WATER SUPPLY CORPORATION has applied for a renewal
of TPDES Permit No. WQ0013924001, which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed
62,500 gallons per day. The facility is located at the east end of
16th Street, approximately one mile northeast of the intersection
of State Highway 359 and Farm-to-Market Road 2050 in the community
of Bruni in Webb County, Texas.
CITY OF CLEVELAND has applied for a renewal of TPDES Permit No.
WQ0010766001, which authorizes the discharge of treated domestic wastewater
at a daily average flow not to exceed 750,000 gallons per day. The
facility is located south of State Highway 105, approximately 0.5
mile west of the intersection of State Highway 105 and U.S. Highway
59 in Liberty County, Texas.
CITY OF CLIFTON has applied for a renewal of TPDES Permit No. WQ0010043001,
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 650,000 gallons per day. The facility
is located on the west bank of the Bosque River immediately south
of Farm-to-Market Road 219, on the east side of the City of Clifton
in Bosque County, Texas.
CITY OF CUSHING has applied for a renewal of TPDES Permit No. WQ0010437001,
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 81,000 gallons per day. The facility
is located approximately 200 feet south of the intersection of Fourth
Street and Spruce Avenue in the City of Cushing in Nacogdoches County, Texas.
CITY OF MONTGOMERY has applied for a major amendment to TPDES Permit
No. WQ0014737001 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 400,000 gallons
per day. The facility will be located southwest of the intersection
of Farm-to-Market Road 2854 and Farm-to-Market Road 105, approximately
1,100 feet west of Farm-to-Market Road 2854 and 600 feet south of
Farm-to-Market Road 105 in Montgomery County, Texas.
CONOCOPHILLIPS COMPANY which operates the Sweeny Refinery and Petrochemical
Complex and the San Bernard Terminal, has applied for a major amendment
to TPDES Permit No. WQ0000721000 to authorize the discharge of storm
water via new Outfall 012; and removal of the 24-hour biomonitoring
testing at Outfall 005. The current permit authorizes the discharge
of storm water on an intermittent and flow variable basis via Outfalls
002, 003, 006, 009, and 010; boiler blowdown and storm water on an
intermittent and flow variable basis via Outfall 005; and treated
process wastewater, domestic wastewater, utility wastewater, demineralizer
wastes, and storm water at a daily average flow not to exceed 7,400,000
gallons per day via Outfall 011. The facility is located at the refinery
and petrochemical complex approximately 3.5 miles northwest of the
City of Sweeny and southwest of the intersection of State Highway
35 and Farm-to-Market Road 524; the San Bernard Terminal is located
on an extension of Avenue A approximately 1.5 miles northeast of the
City of Sweeny, Brazoria County, Texas.
ELOY KELSO has applied for a major amendment. Consideration of
the application by Eloy Kelso for a major amendment of State Permit
No. WQ0003149000, for a Concentrated Animal Feeding Operation (CAFO),
to authorize the applicant to expand an existing dairy facility from
300 head to a maximum capacity of 990 head, of which 990 head are
milking cows, and increasing land application acreage from 236 acres
to 338 acres. The facility is located on the east side of County Road
241 approximately 1 mile north of the intersection of County Road
241 and County Road 385. This intersection is located approximately
1.5 miles northwest of the intersection of County Road 385 and County
Road 351. The intersection of County Road 385 and County Road 351
is located 2 miles west of the intersection of County Road 351 and
US Highway 377 in Erath County, Texas.
FEDERATED METALS CORPORATION which owns an idled facility that
used to cast and fabricate lead products from smelted raw materials
and store non-ferrous metal products, has applied for a renewal of
TPDES Permit No.WQ0003251000, which authorizes the discharge of stormwater
on an intermittent and variable basis via Outfall 001 at a daily maximum
flow not to exceed 324,000 gallons per day. The facility is located
at 9200 Market Street approximately one-half mile south of the intersection
of Interstate Highway 10 and Interstate Highway 610, within the City
of Houston, Harris County, Texas.
HARRIS COUNTY has applied for a renewal of TPDES Permit No. WQ0012213001,
which authorizes the discharge of treated domestic wastewater at a
daily average flow not to exceed 20,000 gallons per day. The facility
is located at 12303 Sonnier Street, inside the Alexander Deussen Park,
approximately 1/3 of the way up from the south boundary, in the approximate
middle of the park, south of Lake Houston in Harris County, Texas.
HUFFMAN INDEPENDENT SCHOOL DISTRICT has applied for a renewal of
TPDES Permit No. WQ0011518001 which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 35,000 gallons
per day. The facility is located in the southeast corner of the Willie
J. Hargrave Senior High School site, approximately 0.5 mile west of
the intersection of Huffman - Eastgate Road and Farm-to-Market Road
1960 in Harris County, Texas.
INVISTA S.A.R.L which operates a chemicals and plastics manufacturing
facility, has applied for a major amendment to TPDES Permit No. WQ0000476000
to authorize a reduction in the monitoring frequencies for total cyanide
and amenable cyanide at internal Outfall 151 to once per year and
once per week, respectively; removal of narrative effluent limitations
at internal Outfalls 101, 201, 301, 401, 501, 601, 701, 801, 901,
111, 121, 141, and 151; removal of Outfalls 004, 131, 161, and 181;
the additional discharges of non-contact cooling water from the cooling
basin via Outfall 003; and authorization to discharge authorized non-storm
water discharges (fire water, deluge water, and freeze protection
water), steam condensate, and hydrostatic test water via Outfalls
002, 003, 005, and 006. The current permit authorizes the discharge
of industrial cooling water, utility wastewaters, water treatment
regenerant streams, previously monitored effluents (process wastewater,
domestic wastewater, treated groundwater, and storm water) at a daily
average flow not to exceed 21,800,000 gallons per day via Outfall
001; excess storm water overflow on an intermittent and flow variable
basis via Outfall 002; excess storm water overflow and cooling water
from the cooling water basin pumped during threat of hurricane on
an intermittent and flow variable basis via Outfall 003; and storm
water on an intermittent and flow variable basis via Outfalls 004,
005, and 006. The facility is located one mile west of the intersection
of Farm-to-Market Road 1686 and Farm-to-Market Road 404, approximately
8 miles south of the City of Victoria, Victoria County, Texas.
LAND TEJAS PARK LAKES 1023, L.P. has applied for a new permit,
proposed Texas Pollutant Discharge Elimination System (TPDES) Permit
No. WQ0014812001 to authorize the discharge of treated domestic wastewater
at an annual average flow not to exceed 1,000,000 gallons per day.
The facility will be located on the east bank of Williams Gully, about
6,000 feet north of the intersection of Beltway 8 and Lockwood Road
in Harris County, Texas.
LOWER NECHES VALLEY AUTHORITY P.O. Box 5117, Beaumont, Texas 77726,
has applied for a renewal of TPDES Permit No. WQ0014525001, which
authorizes the discharge of filter backwash effluent from a water
treatment plant at a daily average flow not to exceed 96,000 gallons
per day. The facility is located along the south side of Devillier
Road from Drainage Ditch VIII-H east of Winnie Canal (0.85 mile west
of Farm-to-Market Road 1406) northwest of Winnie in Chambers County, Texas.
LUMINANT GENERATION COMPANY LLC which operates the Comanche Peak
Nuclear Power Plant, an electric generating station, has applied for
a renewal of TPDES Permit No. WQ0001854000, which authorizes the discharge
of once-through cooling and auxiliary cooling water and previously
monitored effluents at a daily average flow not to exceed 3,168,000,000
gallons per day via Outfall 001; water from the Safe Shutdown Impoundment
(containing cooling water, low volume wastes (service water), and
storm water runoff) on an intermittent and flow variable basis via
Outfall 002; treated sanitary sewage effluent on flow variable basis
via Outfall 003; low volume wastewater and previously monitored effluents
on an intermittent and flow variable basis via Outfall 004; and waters
contained in Squaw Creek Reservoir on an intermittent and flow variable
basis via Outfall 005. The facility is located at 6322 North Farm-to-Market
Road 56, on the west side of Squaw Creek Reservoir along State Highway
56, approximately four and one half (4.5) miles northwest of the City
of Glen Rose, Somervell County, Texas.
NORTH SHORE UTILITIES INC a private developer, has applied for
a new permit, Proposed Permit No. WQ0014847001, to authorize the disposal
of treated domestic wastewater at a daily average flow not to exceed
300,000 gallons per day via surface irrigation of 72 acres of non-public
access land which consists primarily of native trees. This permit
will not authorize a discharge of pollutants into waters in the State.
The wastewater treatment facility and disposal site are located approximately
1 mile south of the western intersection of Reed Park Road and Farm-to-Market
Road 1431, and approximately 0.5 miles south of the intersection of
Breeze Way and Reed Park Road in Travis County, Texas.
PORT OF HOUSTON AUTHORITY has applied for a renewal of TPDES Permit
No. WQ0013203001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 5,000 gallons per
day. The facility is located at 16800 Peninsula Boulevard in Harris
County, Texas.
RESTAURANT SERVICES LLC has applied to the Texas Commission on
Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant
Discharge Elimination System (TPDES) Permit No. WQ0014860001, to authorize
the discharge of treated domestic wastewater at a daily average flow
not to exceed 2,000 gallons per day. This facility was previously
permitted as TCEQ Permit No. WQ0013983001 which expired on March 1,
2007. The facility is located at 16150 U.S. Highway 290 in the City
of Jersey Village, Harris County, Texas.
RIVER PLANTATION MUNICIPAL UTILITY DISTRICT has applied for a renewal
of TPDES Permit No. WQ0010978001 which authorizes the discharge of
treated domestic wastewater at a daily average flow not to exceed
600,000 gallons per day. The current permit also authorizes the disposal
of treated domestic wastewater via irrigation of a135 acre golf course.
The facility is located approximately 1.5 miles downstream from the
Interstate Highway 45 bridge, on the north bank of the West Fork San
Jacinto River in Montgomery County, Texas.
SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT NO 1 has applied for
a renewal of TPDES Permit No. WQ0014100001, which authorizes the discharge
of treated domestic wastewater at a daily average flow not to exceed
905,000 gallons per day. The facility is located 0.5 mile southwest
of the intersection of State Highway 6 and McKeever Road, 1.1 miles
east of the intersection of Thompson Ferry and Hagerson Roads in northeast
Fort Bend County, Texas.
SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of
TPDES Permit No. WQ0010236001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 450,000
gallons per day. The facility is located immediately north of Mooney
Road and east of Halls Bayou in Harris County, Texas.
SUNBELT FRESH WATER SUPPLY DISTRICT has applied for a renewal of
TPDES Permit No. WQ0011231001, which authorizes the discharge of treated
domestic wastewater at a daily average flow not to exceed 500,000
gallons per day. The facility is located approximately 1,600 feet
south-southwest of the intersection of the intersection of Farm-to-Market
Road 249 and Veterans Memorial Drive on the west side of Harris County
Flood Control District Ditch in Harris County, Texas.
TEEN MANIA MINISTRIES INC has applied for a renewal of TPDES Permit
No. WQ0013790001, which authorizes the discharge of treated domestic
wastewater at a daily average flow not to exceed 100,000 gallons per
day. The facility is located approximately 1,150 feet west and 1,300
feet north of the intersection of Farm-to-Market Road 1253 and State
Highway 16 in Smith County, Texas.
THE U.S. DEPARTMENT OF JUSTICE has applied for a major amendment
to TCEQ Permit No. WQ0013461001 to authorize the discharge of treated
domestic wastewater at a daily average flow not to exceed 0.30 million
gallons per day in addition to the current irrigation authorization.
The current permit authorizes the disposal of treated domestic wastewater
at a daily average flow not to exceed 0.30 million gallons per day
on 82 acres of landscaping adjacent to the facility. The wastewater
treatment facilities and disposal area are located on Federal Correctional
Institute Three Rivers land approximately 2,000 feet south of State
Highway 72 and 8 miles west of the Town of Three Rivers in Live Oak
County, Texas in the drainage basin of Choke Canyon Reservoir in Segment
No. 2116 of the Nueces River Basin.
VAM USA which operates a pipe and coupling threading and coating
facility, has applied for a renewal of TPDES Permit No. WQ0003420000,
which authorizes the discharge of process wastewater and domestic
wastewater at a daily average flow not to exceed 20,000 gallons per
day via Outfall 001, and storm water on an intermittent and flow variable
basis via Outfalls 002 and 003. The facility is located approximately
0.5 mile east of the intersection of Hardy Road and Richey Road, approximately
two miles south of Farm-to-Market Road 1960, Harris County, Texas.
If you need more information about these permit applications or
the permitting process, please call the TCEQ Office of Public Assistance,
Toll Free, at 1-800-687-4040. General information about the TCEQ can
be found at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200801587
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
Notices issued March 14 through March 21, 2008.
APPLICATION NO. 14-1348B; The City of San Angelo, applicant, 72
West College Avenue, San Angelo, Texas 76903, has applied for an amendment
to Certificate of Adjudication No. 14-1348 to add a downstream diversion
point on the Concho River, Colorado River Basin, in Tom Green County.
More information on the application and how to participate in the
permitting process is given below. The application and a portion of
the required fees were received on July 25, 2007. Additional information
and fees were received on October 29, 2007. The application was declared
administratively complete and accepted for filing with the Office
of the Chief Clerk on November 28, 2007. Written public comments and
requests for a public meeting should be received in the Office of
Chief Clerk, at the address provided in the information section below,
by April 4, 2008.
APPLICATION NO. 12267; Granite Construction Company, applicant,
3802 19th Street, Lubbock, TX 79410, has applied for a Temporary Water
Use Permit to divert and use not to exceed 10 acre-feet of water,
within a period of one year, from Yellow House Draw, Brazos River
Basin for industrial purposes in Lubbock County. More information
on the application and how to participate in the permitting process
is given below. The application and fees were received on November
2, 2007, and additional information and fees were received on February
15, 2008. The application was declared administratively complete and
filed with the Office of the Chief Clerk on February 28, 2008. 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, by April 9, 2008.
APPLICATION NO. 5219A; Luminant Mining Company LLC, applicant,
1601 Bryan Street, Dallas, Texas 75201-3411, has applied for an amendment
to Water Use Permit No. 5219 to increase the storage capacity for
the authorized reservoir (Pond B-81) located on Hogan Creek, Sabine
River Basin; to change the diversion point from the perimeter of Pond
B-81 to a diversion segment located on Hogan Creek; to add an existing
reservoir (Pond CII-20) on Alder Creek, Sabine River Basin; and to
divert and use not to exceed a total amount of 254 acre-feet of water
per year from the Martin Lake Lignite Mining Area for industrial purposes
in Panola County, Texas. More information on the application and how
to participate in the permitting process is given below. The application
was received on July 18, 2007. Additional information and fees were
received on August 29 and October 12, 2007, and January 2, 2008. The
application was declared administratively complete and filed with
the Office of the Chief Clerk on February 7, 2008. 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. 12244; Terry Jackson Inc., applicant, P.O. Box
1082, Dripping Springs, Texas 78620, has applied for a Water Use Permit
to divert and use not to exceed 1.5 acre-feet of water per year for
mining purposes from the James River, Colorado River Basin in Mason
County. More information on the application and how to participate
in the permitting process is given below. The application and fees
were received on August 9, 2007, and additional information was received
on November 5 and December 20, 2007. The application was declared
administratively complete and filed with the Office of the Chief Clerk
on January 7, 2008. Written public comments and requests for a public
meeting should be submitted to the Office of Chief Clerk, at the address
provided in the information section below, within 30 days of the date
of newspaper publication of the notice.
INFORMATION SECTION
To view the complete issued notice, view the notice on our web
site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call
the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of
the complete notice. When searching the web site, type in the issued
date range shown at the top of this document to obtain search results.
A public meeting is intended for the taking of public comment,
and is not a contested case hearing.
The Executive Director can consider approval of an application
unless a written request for a contested case hearing is filed. To
request a contested case hearing, you must submit the following: (1)
your name (or for a group or association, an official representative),
mailing address, daytime phone number, and fax number, if any: (2)
applicant's name and permit number; (3) the statement "I/we request
a contested case hearing;" and (4) a brief and specific description
of how you would be affected by the application in a way not common
to the general public. You may also submit any proposed conditions
to the requested application which would satisfy your concerns. Requests
for a contested case hearing must be submitted in writing to the TCEQ
Office of the Chief Clerk at the address provided in the information
section below.
If a hearing request is filed, the Executive Director will not
issue the requested permit and may forward the application and hearing
request to the TCEQ Commissioners for their consideration at a scheduled
Commission meeting.
Written hearing requests, public comments or requests for a public
meeting should be submitted to the Office of the Chief Clerk, MC 105,
TCEQ, P.O. Box 13087, Austin, TX 78711-3087. For information concerning
the hearing process, please contact the Public Interest Counsel, MC
103, at the same address. For additional information, individual members
of the general public may contact the Office of Public Assistance
at 1-800-687-4040. General information regarding the TCEQ can be found
at our web site at www.tceq.state.tx.us. Si desea información
en Español, puede llamar al 1-800-687-4040.
TRD-200801589
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
The State Office of Administrative Hearings issued a Proposal for
Decision and Order to the Texas Commission on Environmental Quality
on March 12, 2008, in the matter of the Executive Director of the
Texas Commission on Environmental Quality, Petitioner v. Gregg Dentler &
Hugh Doug Dentler dba Dentlers Tire Shop; SOAH Docket No. 582-08-0859;
TCEQ Docket No. 2005-1052-MSW-E. The commission will consider the
Administrative Law Judge's Proposal for Decision and Order regarding
the enforcement action against Gregg Dentler & Hugh Doug Dentler
dba Dentlers Tire Shop 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 Munguía, Office of the
Chief Clerk, (512) 239-3300.
TRD-200801591
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
The State Office of Administrative Hearings issued a Proposal for
Decision and Order to the Texas Commission on Environmental Quality
on March 12, 2008, in the matter of the Executive Director of the
Texas Commission on Environmental Quality, Petitioner v. Armaan Enterprises,
Inc., dba Stop N to Go; SOAH Docket No. 582-08-1241; TCEQ Docket No.
2004-0507-PST-E. The commission will consider the Administrative Law
Judge's Proposal for Decision and Order regarding the enforcement
action against Armaan Enterprises, Inc., dba Stop N to Go 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 Munguía,
Office of the Chief Clerk, (512) 239-3300.
TRD-200801592
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
The State Office of Administrative Hearings issued a Proposal for
Decision and Order to the Texas Commission on Environmental Quality
on March 12, 2008, in the matter of the Executive Director of the
Texas Commission on Environmental Quality, Petitioner v. Twin Lakes
Enterprises, Inc., dba Houston Discount Cleaners and dba 1.25 Dry
Clean Center; SOAH Docket No. 582-08-1217; TCEQ Docket No. 2006-1163-DCL-E.
The commission will consider the Administrative Law Judge's Proposal
for Decision and Order regarding the enforcement action against Twin
Lakes Enterprises, Inc., dba Houston Discount Cleaners and dba 1.25
Dry Clean Center on a date and time to be determined by the Office
of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate
35, Austin, Texas. This posting is Notice of Opportunity to Comment
on the Proposal for Decision and Order. The comment period will end
30 days from date of this publication. Written public comments should
be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O.
Box 13087, Austin, Texas 78711-3087. If you have any questions or
need assistance, please contact Paul Munguía, Office of the
Chief Clerk, (512) 239-3300.
TRD-200801593
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
The State Office of Administrative Hearings issued a Proposal for
Decision and Order to the Texas Commission on Environmental Quality
on March 20, 2008, in the matter of the Executive Director of the
Texas Commission on Environmental Quality, Petitioner v. Bruce's,
Inc.; SOAH Docket No. 582-08-0036; TCEQ Docket No. 2007-0119-WQ-E.
The commission will consider the Administrative Law Judge's Proposal
for Decision and Order regarding the enforcement action against Bruce's,
Inc. 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 Munguía, Office of the Chief Clerk, (512) 239-3300.
TRD-200801594
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: March 26, 2008
Listed below are the names of filers from the Texas Ethics Commission
who did not file reports, or failed to pay penalty fines for late
reports in reference to the listed filing deadline. If you have any
questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.
Deadline: Semiannual Report due July 16, 2007
Carl Garrison, The Fort Bend County Democratic Party (CEC), P.O.
Box 2189, Missouri City, Texas 77459-2189
Deadline: Lobby Activities Report due January 10, 2008
Claire Phelps Arenson, 1122 Colorado St., Ste. 208, Austin, Texas 78701
Ben Campbell, 4424 Gaines Ranch Loop #415, Austin, Texas 78735
Mark R. Clark, 1600 State St., 3rd Fl., Houston, Texas 77007
Danielle Delgadillo, 1001 Congress Ave., Ste. 200, Austin, Texas 78701
Hector M. Garcia Delgado, 816 Camaron St., Ste. 214, San Antonio, Texas 78212
Deece Eckstein, 1010 Winsted Lane, Austin, Texas 78703
Anthony Haley, 919 Congress Ave., Ste. 1130, Austin, Texas 78701
Loren D. Herr, 323 Congress Ave., Ste. 100, Austin, Texas 78701
Michael Kelly, 4806 Timberline Dr., Austin, Texas 78746
S. Jay Maguire II, 737 6th St. SE, #2, Washington, DC 20003
Glen Maxey, P.O. Box 2505, Austin, Texas 78768
Linda J. Nichols, P.O. Box 26460, Austin, Texas 78755
Jack C. Ogg, 3215 Mercer St. #100, Houston, Texas 77027
Martin Pena, 213 Mesquite, Laguna Vista, Texas 78578
Steven C. Ray, P.O. Box 1377, Austin, Texas 78767
Tony Reinhart, 1201 NW Briarcliff Pkwy, Ste. 315, Kansas City, Missouri 64116
Sue Walden, 55 Waugh Dr., Ste. 515, Houston, Texas 77007
Jim Warren, 710 W. 30th St., Austin, Texas 78705-2206
Deadline: Semiannual Report due January 15, 2008
Marsha G. Newberry, Democratic Grassroots Coalition, 1636 Blackstone
Dr., Carrollton, Texas 75007-5121
Deadline: 30-Day Pre-Election Report due February 4, 2008
David M. Davenport, 19222 Sarah Ann Ct., Humble, Texas 77346
Guadalupe A. Gonzalez, 2111 Dorado Dr., Mission, Texas 78573
Daniel J. Ramos, 159 Shoreview Pl., San Antonio, Texas 78242
James D. Schull, 8507 Hwy. 377 S., Ste. F, Benbrook, Texas 76126
James C. Shaw, Texas Alliance for Life, P.O. Box 202252, Austin, Texas 78720
TRD-200801563
David Reisman
Executive Director
Texas Ethics Commission
Filed: March 24, 2008
Request for Proposals #303-8-11394
The Texas Facilities Commission (TFC), on behalf of the Department
of State Health Services (DSHS), announces the issuance of Request
for Proposals (RFP) #303-8-11394. TFC seeks a five (5) year lease
of approximately 2,736 square feet of office/clinic space in Rockport,
Aransas County, Texas.
The deadline for questions is April 11, 2008 and the deadline for
proposals is April 22, 2008 at 3:00 p.m. The award date is May 21,
2008. TFC reserves the right to accept or reject any or all proposals
submitted. TFC is under no legal or other obligation to execute a
lease on the basis of this notice or the distribution of a RFP. Neither
this notice nor the RFP commits TFC to pay for any costs incurred
prior to the award of a grant.
Parties interested in submitting a proposal may obtain information
by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy
of the RFP may be downloaded from the Electronic State Business Daily
at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=75750.
TRD-200801568
Kay Molina
General Counsel
Texas Facilities Commission
Filed: March 25, 2008
The Texas Health and Human Services Commission (HHSC) published
a public notice regarding its intent to submit Transmittal Number
08-000, Amendment Number 804, to the Texas State Plan for Medical
Assistance, under Title XIX of the Social Security Act in the February
1, 2008, issue of the Texas Register (33
TexReg 1001). The notice listed an incorrect Transmittal Number, Amendment
Number and fiscal impact. As well, the notice erroneously stated the
Service Responsibility Option (SRO) would be added as an option for
consumer self-direction. SRO is not independent of Consumer Directed
Services (CDS) and therefore should not be listed separately in the
State Plan. The correct notice should be as follows:
The Texas Health and Human Services Commission announces its intent
to submit Transmittal Number 08-006, Amendment Number 810, to the
Texas State Plan for Medical Assistance, under Title XIX of the Social
Security Act. The proposed amendment is effective February 1, 2008.
The proposed amendment will add Support Consultation as a State
Plan service and will adopt a rate methodology for Support Consultation.
Support Consultation is a State Plan service that provides practical
skills training and assistance to individuals, thus enabling them
to successfully self-direct their PHC services. Support Consultation
is only available to individuals who use Consumer Directed Services
(CDS) to manage their PHC services. The amendment also deletes an
outdated reference to the Texas Department of Human Services (DHS.)
The proposed amendment to add Support Consultation as a State Plan
service will have no fiscal impact.
To obtain copies of the proposed amendment or to submit written
comments, interested parties may contact Sarah Hambrick, Senior Rate
Analyst, by mail at Rate Analysis Department, Texas Health and Human
Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas
78708-5200; by telephone at (512) 491-1431; by facsimile at (512)
491-1998; or by e-mail at sarah.hambrick@hhsc.state.tx.us. Copies
of the proposal will also be made available for public review at the
local offices of the Texas Department of Aging and Disability Services.
TRD-200801575
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 25, 2008
Adopted Rates. As the single state agency for the state Medicaid
program, the Texas Health and Human Services Commission (HHSC) has
adopted the following per diem reimbursement rates for large, state-operated
Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR).
Per Diem Rates for Large, State-Operated ICF/MR Services:
Large State-Operated ICF/MR Facilities-Medicaid Only clients
Proposed interim daily rate: $381.26
Large State-Operated ICF/MR Facilities - Dual-eligible Medicaid/Medicare clients
Proposed interim daily rate: $365.09
HHSC conducted a public hearing on January 14, 2008, to receive
public comment on the proposed rates. The hearing was held in accordance
with Title 1 of the Texas Administrative Code (TAC) §355.105(g),
which requires that public hearings be held on proposed reimbursement
rates before such rates are approved by HHSC. The proposed rates and
public hearing notice were published in the December 21, 2007, issue
of the Texas Register (32 TexReg 9847).
The adopted rates are to be effective September 1, 2007.
Methodology and Justification. The adopted rates were determined
in accordance with the rate setting methodologies codified at TAC
Title 1 Chapter 355, Subchapter D, §355.456(e), relating to Reimbursement
Determination for State-Operated Facilities. The rate changes are
being made based on actual and projected increases in costs to operate
these facilities.
TRD-200801558
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 24, 2008
Hearing. The Texas Health and Human
Services Commission (HHSC) will conduct a public hearing on April
22, 2008, at 9:00 a.m. to receive public comment on proposed payment
rates for Supported Employment and Employment Assistance Services
in the Deaf-Blind with Multiple Disabilities (DBMD) Program waiver.
The Department of Aging and Disability Services (DADS) operates this
waiver program.
The public hearing will be held in compliance with Human Resources
Code §32.0282 and 1 Texas Administrative Code (TAC) §355.105(g),
which require public notice and hearings on proposed reimbursement
rates. The public hearing will be held in the Lone Star Conference
Room of the Health and Human Services Commission, Braker Center, Building
H, located at 11209 Metric Boulevard, Austin, Texas. Entry is through
Security at the main entrance of the building, which faces Metric
Boulevard. Persons requiring American with Disabilities Act (ADA)
accommodation or auxiliary aids or services should contact Kimbra
Rawlings by calling (512) 491-1174, at least 72 hours prior to the
hearing so appropriate arrangements can be made.
Proposal. HHSC proposes to adopt
rates for the services listed above. The proposed rates will be effective
May 1, 2008, and were determined in accordance with the rate setting
methodologies listed below under Methodology and Justification.
Methodology and Justification. The
proposed rates were determined in accordance with the rate setting
methodologies codified at 1 TAC Chapter 355, Subchapter A, §355.101,
Introduction, and Subchapter M, Division 2, §355.9022(c). Supported
Employment and Employment Assistance Services are new services that
will be available to DBMD consumers effective May 1, 2008, and require
rates before DADS can implement these services.
Briefing Package. A briefing package
describing the proposed payment rates will be available on April 4,
2008. Interested parties may obtain a copy of the briefing package
prior to the hearing by contacting Kimbra Rawlings by telephone at
(512) 491-1174; by fax at (512) 491-1998; or by e-mail at Kimbra.Rawlings@hhsc.state.tx.us.
The briefing package also will be available at the public hearing.
Written Comments. Written comments
regarding the proposed payment rates may be submitted in lieu of,
or in addition to, oral testimony until 5:00 p.m. the day of the hearing.
Written comments may be sent by U.S. mail to the attention of Kimbra
Rawlings, Health and Human Services Commission, Rate Analysis, Mail
Code H-400, P.O. Box 85200, Austin, Texas 78708-5200; by fax to Kimbra
Rawlings at (512) 491-1998; or by e-mail to Kimbra.Rawlings@hhsc.state.tx.us.
In addition, written comments may be sent by overnight mail or hand
delivered to Kimbra Rawlings, HHSC, Rate Analysis, Mail Code H-400,
Braker Center, Building H, 11209 Metric Boulevard, Austin, Texas 78758-4021.
TRD-200801570
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 25, 2008
The Texas Health and Human Services Commission announces its intent
to submit the following to the Texas State Plan for Medical Assistance,
under Title XIX of the Social Security Act:
* Amendment 811, Transmittal Number TX 08-007
* Amendment 812, Transmittal Number TX 08-008
* Amendment 813, Transmittal Number TX 08-009
* Amendment 814, Transmittal Number TX 08-010
* Amendment 815, Transmittal Number TX 08-011
The purpose of these amendments is to ensure that the State is
in compliance with the Interim Final Rule on Optional State Plan Case
Management Services (CMS-2237-IFC), published in the December 4, 2007,
Federal Register (72 FR 68077) for the Centers for Medicare and Medicaid
Services as well as other related federal guidance on case management.
The amendments will modify the current Texas Medicaid State Plans for:
* Mental Retardation Case Management
* Early Childhood Development Targeted Case Management
* Mental Health Targeted Case Management
* Case Management for Children and Pregnant Women
* Case Management for Children Who Are Blind or Visually Impaired
The proposed amendments are effective March 3, 2008.
The proposed amendments will have no fiscal impact to the state
or the federal budgets.
Interested parties may obtain copies of the proposed amendments
by contacting Christina Dyer, Rate Analyst, by mail at the Rate Analysis
Department, Texas Health and Human Services Commission, P.O. Box 85200,
H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1747; by
facsimile at (512) 491-1998; or by e-mail at christina.dyer@hhsc.state.tx.us.
Copies of the proposals will also be made available for public review
at the local offices of the Texas Department of Aging and Disability Services.
TRD-200801584
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: March 26, 2008
Announcement of the Opening of the Public Comment Period for the Draft 2008 State of Texas Consolidated Plan Annual Performance Report - Reporting on Program Year 2007
The Texas Department of Housing and Community Affairs (the "Department")
announces the opening of a 15-day public comment period for the State of Texas Draft 2008 Consolidated Plan Annual
Performance Report - Reporting on Program Year 2007 (the Report)
as required by the US Department of Housing and Urban Development
(HUD). The Report is required as part of the overall requirements
governing the State's consolidated planning process. The Report is
submitted in compliance with 24 CFR §91.520, Consolidated Plan
Submissions for Community Planning and Development Programs. The 15-day
public comment period begins April 7, 2008, and continues until 5:00
p.m. on April 21, 2008.
The Report gives the public an opportunity to evaluate the performance
of the past program year for four HUD programs: the Community Development
Block Grant Program administered by the Office of Rural Community
Affairs, the Emergency Shelter Grants and HOME Investment Partnerships
programs administered by the Department, and the Housing Opportunities
for Persons with AIDS Program administered by the Texas Department
of State Health Services. The following information is provided for
each of the four programs covered in the Report: a summary of program
resources and programmatic accomplishments; a series of narrative
statements on program performance over the past year; a qualitative
analysis of program actions and experiences; and a discussion of program
successes in meeting program goals and objectives.
Beginning April 7, 2008, the Report will be available on the Department's
website at www.tdhca.state.tx.us. A hard copy can be requested by
contacting the Housing Resource Center at P.O. Box 13941, Austin,
TX 78711-3941 or by calling (512) 475-3976.
Written comment should be sent by mail to the Texas Department
of Housing and Community Affairs, Housing Resource Center, P.O. Box
13941, Austin, TX 78711-3941, by email to info@tdhca.state.tx.us,
or by fax to (512) 469-9606.
TRD-200801571
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: March 25, 2008
The Panhandle Regional Planning Commission (PRPC) is soliciting
proposals from qualified entities to organize and operate an integrated
one-stop service delivery system to deliver workforce development
and child care program services in the 26 counties of the Texas Panhandle
Workforce Development Area under a single contract.
Services provided through the One-Stop service delivery system
will include but may not be limited to those funded and governed by
the Workforce Investment Act, TANF/CHOICES, Food Stamp Employment
and Training, Project RIO, Wagner-Peyser Employment Services and Child
Care and Development Fund grants.
Proposers will be expected to demonstrate the capability to conduct
workforce service delivery for all customer groups at the current
level and also effectively incorporate the Board's stated priorities.
The initial term for any award resulting from this solicitation
will be October 1, 2008 through September 30, 2009, with the possibility
for renewal for up to three additional years.
The proposal schedule is expected to be as follows:
Release Request for Proposals (RFP) April 1, 2008
Proposers Conference April 17, 2008, 1:30 p.m.
Deadline for Questions April 23, 2008
Deadline for Submission May 21, 2008, 3:00 p.m.
Prospective proposers may request a copy of the RFP by sending
the contact and organization names, and mailing and email addresses
to Tony White, Assistant Director, Workforce Development, at twhite@theprpc.org.
The RFP may also be obtained in person at PRPC, 415 West Eighth Avenue,
Amarillo, Texas 79101 between 8:00 a.m. to 5:00 p.m., Monday through Friday.
TRD-200801557
Tony White
Assistant Director, Workforce Development
Panhandle Regional Planning Commission
Filed: March 24, 2008
Notice of Application for Service Provider Certificate of Operating Authority
Notice is given to the public of the filing with the Public Utility
Commission of Texas of an application on March 19, 2008, for a service
provider certificate of operating authority (SPCOA), pursuant to §§54.151
- 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Momentum Telecom, Inc.
for a Service Provider Certificate of Operating Authority, Docket
Number 35480 before the Public Utility Commission of Texas.
Applicant intends to provide interconnection, switching and interexchange
services on a wholesale basis.
Applicant's requested SPCOA geographic area includes the entire
State of Texas.
Persons who wish to comment upon the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477 no later than April 9, 2008. Hearing and speech-impaired
individuals with text telephone (TTY) may contact the commission at
(512) 936-7136 or toll free at 1-800-735-2989. All comments should
reference Docket Number 35480.
TRD-200801573
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 25, 2008
Notice is given to the public of the filing with the Public Utility
Commission of Texas an application on March 19, 2008, for waiver of
denial by the Pooling Administrator (PA) of Southwestern Bell Telephone
Company d/b/a AT&T Texas' request for a one thousand-block of
numbers on behalf of its customer, Hill College, in the Cleburne rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone
Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources,
Docket Number 35479.
The Application: Southwestern Bell Telephone Company submitted
an application to the PA for the requested blocks in accordance with
the current guidelines. The PA denied the request because Southwestern
Bell Telephone Company d/b/a AT&T Texas did not meet the months-to-exhaust
and utilization criteria established by the Federal Communications
Commission.
Persons who wish to comment upon the action sought should contact
the Public Utility Commission of Texas by mail at P.O. Box 13326,
Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free
at 1-888-782-8477 no later than April 9, 2008. Hearing and speech-impaired
individuals with text telephones (TTY) may contact the commission
at (512) 936-7136 or toll free at 1-800-735-2989. All comments should
reference Docket Number 35479.
TRD-200801572
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 25, 2008
Notice is given to the public of a petition for proposed merger
and acquisition of stock filed with the Public Utility Commission
of Texas on March 14, 2008, pursuant to the Public Utility Regulatory
Act, Texas Utilities Code Annotated, §§14.101 and 39.262,
and 39.915 (Vernon 2007 & Supp. 2007) (PURA).
Docket Style and Number: Petition of PNM Resources, Inc. and Cap
Rock Energy Corporation Regarding Proposed Merger and Acquisition
of Stock, Docket Number 35460.
The Petition: PNM Resources, Inc. (PNM Resources) and Cap Rock
Energy Corporation (Cap Rock Energy) (collectively, Applicants) filed
the above styled and numbered petition. Applicants stated that PNM
Resources and its subsidiary, PNM Merger Sub, LLC (PNM Sub) entered
into an agreement with Continental Energy Systems, LLC (Continental
Energy) and Cap Rock Holding Corporation (Cap Rock Holding) in which
PNM Sub will merge with and into Cap Rock Holding, with Cap Rock Holding
to be the surviving entity. The outstanding shares of Cap Rock Holding
will be converted to cash and the outstanding equity interests in
PNM Sub will be converted into outstanding shares of capital stock
of Cap Rock Holding, with the result that Cap Rock Holding will become
a wholly-owned subsidiary of PNM Resources at the effective time of
consummation of the merger transaction. Cap Rock Holding will continue
to maintain control of 100% of the outstanding common stock of Cap
Rock Energy.
Applicants stated that PNM Resources will pay $202.5 million in
cash to the shareholders of Cap Rock Holding, subject to adjustments
for the changes in certain components of working capital and for debt
at close. A copy of the Agreement and Plan of Merger pertaining to
this transaction is included in the petition. Following the transaction
close, Cap Rock Holding and Cap Rock Energy will be affiliated with
a service company that provides administrative and corporate support
services to all companies in the PNM Resources corporate system. Additionally,
Applicants stated that the closing of this proposed transaction is
conditioned upon the closing of a separate transaction between the
Public Service Company of New Mexico (PNM) and Continental Energy
wherein New Mexico Gas Company, Inc., a subsidiary of Continental
Energy, will be acquiring the assets related to PNM's New Mexico natural
gas business (the NM Gas Transaction); thus, Applicants seek approval
of the petition following the NM Gas Transaction and when all other
regulatory approvals are obtained.
Persons who wish to intervene in the proceeding or comment upon
the action sought should contact the Public Utility Commission of
Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's
Office of Customer Protection at (512) 936-7120 or (888) 782-8477.
Hearing- and speech-impaired individuals with text telephones (TTY)
may contact the Commission at (512) 936-7136 or use Relay Texas (toll-free)
1-800-735-2989. All correspondence should refer to Docket Number 35460.
TRD-200801518
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: March 19, 2008
Notice of Consultant Contract Renewal
In compliance with the provisions of Texas Government Code, Chapter
2254, Subchapter B, Stephen F. Austin State University (SFASU) furnishes
this notice of renewal of the University's contract with consultant
Mark Lewis, 1431 Frostwood Dr., Tyler, Texas 75703. The original contract
was in the sum of $10,260 plus expenses. The contract was renewed
beginning January 10, 2004 and continuing through September 30, 2007,
with a total multiple year sum not to exceed $50,000, plus expenses,
in the December 19, 2003, issue of the Texas Register
(28 TexReg 11433). The contract is renewed to work
in coordination with the University and the National Science Foundation
to create and modify the evaluation design for the SFASU Math and
Science Partnership "Texas Middle and Secondary Mathematics Project."
Documents, films, recording, or reports of intangible results may
be presented by the outside consultant. Services will be on an as
needed basis.
All inquiries should be directed to Dr. Kimberly Childs, P.O. Box
13040, SFA Station, Nacogdoches, TX 75962; Phone: (936) 468-3805;
email kchilds@sfasu.edu.
TRD-200801532
R. Yvette Clark
General Counsel
Stephen F. Austin State University
Filed: March 20, 2008
Pursuant to Transportation Code, §21.111, and Title 43, Texas
Administrative Code, §30.209, the Texas Department of Transportation
conducts public hearings to receive comments from interested parties
concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public
hearings, please go to the following web site:
www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm
Or visit www.txdot.gov, click on
Citizen, click on Public Hearings, and then click on Aviation.
Or contact Texas Department of Transportation, Aviation Division,
150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.
TRD-200801578
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: March 25, 2008
Pursuant to Title 43, Texas Administrative Code, §2.5(e)(5),
the Texas Department of Transportation (TxDOT) is advising the public
of the extension of public comments for
the Tier One Draft Environmental Impact Statement (DEIS) for the I-69/Trans-Texas
Corridor (I-69/TTC) (the Northeast Texas to Mexico Element) project from March 19, 2008 to April 18, 2008. The
project is being developed jointly with the Federal Highway Administration.
The Tier One DEIS is available for public review at TxDOT district
and area offices, public libraries in the study area, and online at www.keeptexasmoving.com. For a complete listing
of locations to view the Tier One DEIS, visit the website or call
toll-free at (866) 554-6989. Copies (paper or CD) can be obtained
for the actual cost of reproduction and shipping. To order a copy,
call toll-free at (866) 554-6989, or send a request via the web on
the project comments page at www.keeptexasmoving.com.
The TxDOT offices at which you may review the Tier One DEIS include:
Graphic TxDOT District Offices
TxDOT conducted a series of public hearings between February 4
- March 4, 2008 on the I-69/TTC Tier One DEIS. The purpose of the
public hearings was to present the I-69/TTC Tier One DEIS and Recommended
Preferred Alternative to the public and to receive public comment.
Written comments from the public regarding the Tier One DEIS may
be submitted through the project website (www.keeptexasmoving.com
) or mailed to: Mr. Ed Pensock Jr., P.E., Texas Department
of Transportation, P.O. Box 14428, Austin, Texas 78761. To be included in the official record of the I-69/TTC
Tier One EIS, all comments must be submitted or postmarked by Wednesday,
April 18, 2008.
Usted puedes obtener información en Español y las
llamadas son gratis: (866) 554-6989.
TRD-200801577
Bob Jackson
General Counsel
Texas Department of Transportation
Filed: March 25, 2008
Consultant Contract Award Notice
In compliance with the provisions of Chapter 2254, Subchapter B,
Texas Government Code, The University of Houston System furnishes
this notice of consultant contract award. The consultant will provide
advice and consultation in the areas of Enrollment Services. Requests
for proposals were filed in the February 8, 2008, issue of the Texas Register (33 TexReg 1182).
The contract was awarded to Evans Consulting Group, Inc., 7853
Eagle Ranch Road, Fort Collins, CO 80528, for a amount of $200,000.00.
The beginning date of the contract is April 1, 2008 and the ending
date is March 31, 2009.
For further information, please call (832) 832-4603.
TRD-200801520
Brian S. Nelson
Associate General Counsel/Executive Director
University of Houston System
Filed: March 19, 2008
Invitation for Consultants to Provide Offers of Consulting Services
The University of Texas System Administration (the "University")
is currently using the services of Mercer Human Resource Consulting,
Inc. (Mercer) to provide competitive market data on total compensation
for executive officers of The University of Texas System.
Pursuant to Texas Government Code §2254.29,
the University intends to amend the current contract to allow for
additional supplemental and related services not anticipated in the
original contract with Mercer. The University may request that Mercer
modify the peer groups it established in its original executive compensation
survey for further refined analysis.
The Chancellor of The University of Texas System has made a finding
that the Consulting Services are necessary. While the University has
a substantial need for the Consulting Services, the University does
not currently have staff with expertise or experience with the Consulting
Services and the University cannot obtain such Consulting Services
through a contract with another state governmental entity.
Unless the University receives a better offer, the University intends
to amend the contract for the consulting services with Mercer, a consultant
that previously provided consulting services to the University, to
provide supplemental executive compensation analysis.
The award for services will be based on demonstrated competence,
knowledge, and qualifications and on the reasonableness of the proposed
fee for the services; and if other considerations are equal, preference
will be given to a consultant whose principal place of business is
in the State of Texas or who will manage the consulting contract wholly
from an office in the state.
The individual to be contacted with an offer to provide such consulting
services is:
Mr. Art Martinez
Executive Director for Board Services
The University of Texas System
201 West Seventh Street
Suite 820
Austin, Texas 78701
Voice: (512) 499-4402
Email: amartinez@utsystem.edu
The proposal submission deadline will be April 11, 2008 at 4:00
p.m. Central Standard Time.
TRD-200801559
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: March 24, 2008
Notice of Opportunity to Comment on Default Orders of Administrative Enforcement Actions
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapters 30 and 285
Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 328
Notice of Request for Nominations for the Texas Commission on Environmental Quality Water Utility Operator Licensing Advisory Committee
Notice of Request for Public Comment and Notice of a Public Meeting for One Total Maximum Daily Load
Notice of Water Quality Applications
Notice of Water Quality Applications
Notice of Water Rights Applications
Proposal for Decision
Proposal for Decision
Proposal for Decision
Proposal for Decision
Texas Ethics Commission
Texas Facilities Commission
Texas Health and Human Services Commission
Notice of Adopted Reimbursement Rate for Large, State-Operated Intermediate Care Facilities for Persons with Mental Retardation (ICF/MR)
Notice of Hearing on Proposed Provider Payment Rates
Public Notice
Texas Department of Housing and Community Affairs
Panhandle Regional Planning Commission
Public Utility Commission of Texas
Notice of Application for Waiver of Denial of Request for NXX Code
Notice of Petition for Proposed Merger and Acquisition of Stock
Stephen F. Austin State University
Texas Department of Transportation
Public Notice of DEIS Extension of Public Comments (I-69/Trans-Texas Corridor)
University of Houston System
The University of Texas System