In Addition

In Addition

Texas Department of Agriculture

Request for Proposals - Home-Delivered Meal Grants Performance Monitoring

1. Purpose

The Texas Department of Agriculture (TDA) is inviting proposals for performance monitoring services. TDA seeks a highly skilled contractor to conduct a comprehensive performance review of governmental and 501(c)(3) nonprofit organizations that received funding through TDA's Texans Feeding Texans: Home-Delivered Meal Grant Program, under terms and conditions established by this Request for Proposal (RFP) and TDA. The contractor chosen by TDA must be experienced, with strong references and have a current license with the Texas State Board of Public Accountancy. The contractor firm also must demonstrate experience in using the Generally Accepted Government Auditing Standards (GAGAS) and must be able to provide the services described in the time frame provided in this RFP. Respondents must execute the scope of this RFP, Affirmations and RFP Acceptance, and complete other items listed in Section 6, Form of Response, of this RFP.

2. Program Overview

The Texans Feeding Texans: Home-Delivered Meal Grant Program was established by House Bill 407 during the 80th Regular Session of the Texas Legislature. The Legislature appropriated $20,000,000 to the Program to help defray the costs of providing home-delivered meals that are not fully funded by the Department of Aging and Disability Services or an Area Agency on Aging.

Under Texas Agriculture Code (Code), §12.042, the Home-Delivered Meal Grant Program provides funding for the purpose of supplementing and extending services related directly to home-delivered meal services.

An organization is eligible to receive a grant under the Program if it:

a. administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability;

b. (if a nonprofit private organization) has a volunteer board of directors;

c. practices nondiscrimination;

d. has an accounting system or fiscal agent approved by the county where it provides meals;

e. has a system to prevent the duplication of services to clients;

f. has received a grant from the county in which the organization is delivering meals;

g. has submitted an application to the Texas Department of Agriculture; and

h. agrees to use funds received only to supplement or extend existing home-delivered meal services.

Additionally, the following requirements must be met by the grantee:

a. Each meal to which grant funds from TDA are applied must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or shall adhere to federal meal pattern requirements;

b. Grantee must follow procedures and maintain facilities that comply with all applicable federal, state, and local laws and regulations related to fire, health, sanitation, and safety, and obtain all necessary permits, including all food preparation, handling, and service activities;

c. Grantee must provide meals in accordance with the service requirements outlined in Title 40 Texas Administrative Code, §55.27(a) and (c), or other applicable local, state or federal regulations relating to the delivery, transportation packaging of home-delivered meals, or the handling of undelivered meals;

d. Grantee must document that persons receiving a meal are Homebound Elderly persons (60 years old or older) or Homebound persons with a Disability; and

e. Grantee shall retain all financial records, supporting documents, statistical records, and all other records relating to any grant funds received.

During FY 2008, the first year of funding, $9.5 million was granted to eligible organizations. Ninety-eight applications were received by TDA and ninety-five applications were ultimately funded. Grantees are required to submit bi-annual grant reports by August 31, 2008 and February 28, 2009.

3. Additional Resources and Information on TDA and/or the Home-Delivered Meal Grant Program for Response to this RFP

a. Texas Agriculture Code §12.042

b. Texas Administrative Code, Title 4, Part 1, Chapter 1, Subchapter O

c. TDA, Home-Delivered Meal Grant Program, and other TDA-administered grant programs at: www.tda.state.tx.us.

4. Desired Outcomes:

a. Selection of a contractor to develop and conduct a comprehensive monitoring activity of TDA's Texans Feeding Texans: Home-Delivered Meal Grantees that will include:

i. Risk assessment of grantees;

ii. Verification of information supplied in initial applications;

iii. Verification that grantee has all current licenses necessary to administer a home-delivered meal program;

iv. Verification that proper paperwork is being maintained to report nutritional content of the meals being served and counted;

v. Verification of the number of meals being served;

vi. Review of documentation to determine that meals served with grant funds are going to qualifying homebound elderly and/or disabled individuals;

vii. Verification that grant funds are expended on appropriate expenditures; and

viii. Reporting information back to TDA regarding any findings.

b. The services provided by the selected contractor should produce the following results:

i. Identify non-compliance with TDA Grant Agreement, executed by TDA and grantee in conjunction with payment of grant funds; and

ii. Verify accuracy of information supplied by Grantees for both grant qualification and grant funds expenditure.

5. Scope

This RFP covers work completed by the selected firm in two parts.

Part I - Planning:

Within 30 days after any award that results from this RFP, the selected applicant is to develop a detailed monitoring plan and schedule for conducting the performance review activities. This plan is to incorporate a discussion of and rationale for all elements of the project, including associated priorities, timelines and budget estimates, with a focus on the desired outcomes as previously discussed in Section 4, Desired Outcomes.

The contractor will communicate with TDA staff administering the programs to access information regarding the programs, current home-delivered meal grantees, and relevant agency records.

Part II - Conducting Performance Monitoring:

Once the monitoring plan is received and approved by TDA, the contracted firm is responsible for working with the TDA staff to conduct and complete the performance monitoring within the required time frame. The contracted firm will also need to:

a. Keep TDA informed of monitoring activity status via semi-monthly reports; and

b. Provide comprehensive results of all efforts according to schedule and as requested throughout the project.

The terms of this RFP also include the General Terms and Conditions set forth in Attachment 1 to this RFP.

The performance monitoring final report must be issued by August 31, 2009.

6. Form of Response

a. Detailed Plan of the Monitoring Activities

Provide a detailed plan of how you or your firm would conduct proposed monitoring activities. This plan should include the relevant methods, procedures, phases, dates, and estimated hours that the contractor will incur in each phase of monitoring.

b. Overview of the Company

Provide a description of the company, including general experience and history in performing monitoring activities, date founded, number and location of offices, and number of professionals and employees in each office, total number of professionals and employees in the company, description of specialty practice areas and company philosophy. Describe structure of company ownership (e.g., publicly held corporation, partnership, etc.) any parents, affiliates or subsidiaries of the company.

c. Qualifications

List recent experience of the firm or professionals to be assigned to the project. Be sure to address qualifications with regard to the qualifications needed for this assignment as detailed in Sections 1, Purpose, and 4, Desired Outcomes. If relying on experience as a professional while at a different company, please indicate the name, address and contact information of the company. Please select and discuss one project that you feel best demonstrates your ability to provide the services specified in this RFP. (Please limit your discussion to no more than two pages.) If your response to this RFP is on behalf of a firm, please submit a copy of the firm's last peer review report.

d. Resumés

Provide brief resumés for each professional employee who will be assigned to the project. Indicate the individuals' years of experience in conducting monitoring activities, any relevant licenses they hold and how any particular area of expertise would benefit TDA. Also, demonstrate current compliance with CPE requirements. Specify who would be assigned as the primary day-to-day contact for TDA and indicate the role they played in the projects listed above.

e. HUB Business Practices

Please describe your company's previous experience and involvement working with Historically Underutilized Businesses (HUB) certified companies (if your company is not HUB certified) or as a HUB certified company.

Please describe efforts made by your company to encourage and develop the participation of minorities and women.

f. HUB Subcontracting Plan

In accordance with Texas Government Code §2161.252 regarding this procurement, TDA has determined that opportunities for HUB Subcontracting are probable. As such, all firms submitting a response to this RFP must fully complete the HUB Subcontracting Plan (HSP) forms which can be found at: http://www.window.state.tx.us/procurement/prog/hub/hub-forms/HUBSubcontractingPlan.pdf. Any responses that do not have these completed forms will be considered non-responsive and will not be considered for an award of this RFP.

g. Evidence of Insurability

The selected applicant shall be responsible for insurance and bonding and must furnish to TDA within ten (10) working days of being selected to perform this RFP, proof of insurance and bonding as follows: Insurance for professional liability, errors, omissions, or negligence arising in connection with duties under this RFP.

h. Conflict of Interest

Please disclose any conflicts of interest. Disclose all contractual or informal business arrangements/agreements, including fee arrangements and consulting agreements between your Company and the TDA, TDA's staff, or any entity that provides services to TDA. Applicants will likewise be required to disclose any business relationships or other possible conflicts of interest regarding monitoring of any grantees.

i. References

Please provide names, addresses, and phone numbers of at least three references.

j. Fee Structure

Please provide your fee structure, including if applicable, hourly rates, flat fees, and other known expenses. Also provide an estimate of the total project cost.

7. Agreement Term

The agreement term is from date of execution by both parties until August 31, 2009. TDA retains the right to terminate the agreement for any reason and at any time, upon the payment of then earned fees and expenses. At the termination date of this project, the current vendor shall cooperate fully to transfer all publications, documents, property, equipment, and/or other material in which TDA retains ownership rights, and any other material related to work under this RFP.

8. Proposal Modification

Any proposal may be modified or withdrawn, at any time prior to the proposal due date. No material changes will be allowed after the expiration of the proposed due date; however, non-substantive correction or deletions may be made with the approval of TDA. TDA also reserves the right to make amendments to the RFP.

9. Time Schedule

Proposals are due no later than October 1, 2008. Proposal responses, modifications or addenda to an original response received by TDA after the specified time and date for closing will not be considered. Each firm is responsible for ensuring that its response reaches TDA before the proposed due date. Companies should submit one unbound original and three copies of their proposal to: Karen Reichek, Grants Coordinator, IN RESPONSE TO RFP: Monitoring of Home-Delivered Meal Grants, Texas Department of Agriculture, P.O. Box 12847, Austin, Texas 78711, Street Address: 1700 N. Congress, Stephen F. Austin Bldg., 11th Floor, Austin, Texas 78701.

A duly authorized representative of the company must execute the response submitted to this RFP. An unsigned proposal will not be accepted. All proposals become the property of the TDA. Proposals must set forth accurate and complete information as required by this RFP. Oral modifications will not be considered. Questions regarding this RFP should be submitted, in writing, to Karen Reichek, Grants Coordinator, at the address listed above or by fax, (888) 223-9048. The commissioner and TDA staff will review the responses to this RFP.

10. Basis of Award

The selection will be based on demonstrated competence, experience, knowledge and qualifications, as well as the proposed fee for each portion of the RFP as determined by TDA. By this RFP, however, TDA has not committed itself to employ a monitoring firm nor does the suggested scope of service or term of agreement below require that the firm be employed for any or all of those purposes. TDA is not bound to accept the lowest-priced proposal. TDA reserves the right to make those decisions after receipt of proposals and TDA's decision on these matters is final. TDA reserves the right to negotiate individual elements of any proposal and to reject any and all proposals. TDA reserves the right to meet with and negotiate regarding terms with one or more applicants.

11. Cost Incurred in Responding

All costs directly or indirectly related to preparation of a response to the RFP or any oral presentation required to supplement and/or clarify the RFP which may be required by TDA shall be the sole responsibility of, and shall be borne by the applicant.

ATTACHMENT 1 - GENERAL TERMS AND CONDITIONS

1.1 Indemnification.

The contractor agrees to defend, indemnify, and hold harmless the State of Texas, all of its officers, agents and employees from and against all claims, actions, suits, demands, proceedings costs, damages, and liabilities, arising out of, connected with, or resulting from any acts or omissions of the contractor or any agent, employee, subcontractor, or supplier of contractor in the execution or performance of this RFP.

1.2. Failure of Indemnification Provisions.

If for any reason the contractor fails to cooperate with the Texas Office of the Attorney General and/or the foregoing indemnification is insufficient to hold the customer harmless, then the contractor shall reimburse TDA for all amounts paid or payable by TDA as a result of such claims, which shall include, for example, costs of the Texas Office of the Attorney General of defending against any claims. The reimbursement, indemnity and contribution obligations of the contractor under this section shall extend upon the same terms and conditions to TDA employees, officers, agents, successors, assigns, licensees and customers and shall be binding upon and inure to the benefit of any successors, assigns, heirs and personal representatives, and the relevant provisions will survive the termination of any contract awarded to an applicant responding to this RFP.

1.3 Indemnification by TDA of Contractor.

TDA can neither agree to hold the contractor harmless nor agree to indemnify the contractor, and any provisions to the contrary are void.

1.4 TDA Duties.

The contractor's obligations under paragraph 1.2 above may be limited to the extent that the TDA (i) does not promptly notify the contractor in writing of any claim, (ii) does not provide the contractor with all reasonable assistance for the defense or settlement of such claims, except as it relates to the responsibilities of the Texas Office of the Attorney General, and (iii) does not cooperate with the Texas Office of the Attorney General in defense of such claim.

1.5 Force Majeure.

Except as otherwise provided, neither awarded contractor nor TDA shall be liable to the other for any delay in, or failure of performance, of any requirement contained in this RFP caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance in the exercise of reasonable diligence until after the causes of delay or failure have been removed. Force majeure is defined as those causes generally recognized under Texas law as constituting impossible conditions. Each party must inform the other in writing, with proof of receipt, within three (3) business days of the existence of such force majeure, or otherwise waive this right as a defense.

1.6 Application of Law; Venue; Dispute Resolution.

This procurement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any action arising hereunder shall be in the state district courts of Travis County, Texas, and pursuant to the dispute resolution provisions in Chapter 2260, Texas Government Code. This RFP shall be binding upon any successor or permitted assignee. In the event of any default, dispute or nonpayment, the parties shall, in addition to and without limitation on the remedies provided under the terms of this RFP, be liable for those damages commonly available to the prevailing party under Texas law.

1.7 Assignment or Subcontract.

Absent the express written consent of TDA, the awarded contractor may not assign or subcontract any right or duty under this RFP.

1.8 Provision for Direct Deposit.

The electronic funds transfer (EFT) provisions of Texas law are found at Texas Government Code, Chapter 403. Certain payments from the State may be directly deposited into the contractor's bank account or may be made by warrant. Contractors eligible for, and who wish to be paid by direct deposit, must complete the form titled "Direct Deposit Authorization" and return it as soon as possible to: Comptroller of Public Accounts, Attention: Budget and Internal Accounting Division, Accounts Payable Section, LBJ State Office Building, 111 E. 17th Street, Austin, Texas 78774.

The Comptroller's office will become the "custodial agency" and in that capacity, the internal Accounts Payable Section will be responsible for initial direct deposit set up and any future changes to your direct deposit information. Consequently, it will not be necessary to register with each state agency for this purpose. Direct deposit payments will begin after the contractor's financial institution processes and accepts a test transaction that will be sent by the Comptroller's office to the contractor's bank.

The Claims Division of the Comptroller of Public Accounts oversees the statewide direct deposit program. For questions regarding the statewide process, contact the Claims Payment Processing Section, 1-800-531-5441, ext. 5-0965 or (512) 475-0965, or send an email message to: claims.division@cpa.state.tx.us.

1.9 Texas Family Code Eligibility.

Under §231.00, Texas Family Code (relating to child support), the vendor or applicant certifies that the individual or business entity named in this contract, bid or application is not ineligible to receive the specified grant, loan, or payment and acknowledges that this contract may be terminated and payment may be withheld if this certification is inaccurate. All applicants and respondents to this RFP understand and acknowledge that pursuant to §231.006 of the Texas Family Code, a child support obligor who is more than 30 days delinquent in paying child support and a business entity in which the obligor is a sole proprietor, partner, shareholder, or owner with an ownership interest of at least 25 percent is not eligible to receive payments from state funds under a contract to provide property, materials, or services. Further, if selected, the applicant will provide the name and social security number of the individual or sole proprietor and each partner, shareholder, or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application.

1.10 Texas Government Code Eligibility.

Under §2155.004, Texas Government Code (relating to certain taxes), contractor represents that the contractor is eligible to receive this agreement and that any resulting agreement may be terminated and payment withheld if this representation is inaccurate.

1.11 Liability for Taxes.

Contractor represents that it shall pay all taxes or similar amounts resulting from this agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of contractor or its employees. TDA shall not be liable for any taxes resulting from this Agreement.

1.12 Suspension or Debarment; Compliance with State Laws and Rules.

Contractor represents that as the respondent to this RFP, and any of its principals, are eligible to participate in any resulting agreement and have not been subjected to suspension, debarment, or similar ineligibility determined by any federal, state or local governmental entity. Contractor further represents that the contractor is in compliance with the State of Texas statutes and rules relating to procurement and that contractor is not listed on the federal government's terrorism watch list as described in Executive Order 13224. Entities ineligible for federal procurement are listed at http://www.epls.gov.

1.13 Audits or Investigations by State Auditor's Office or TDA.

The contractor understands that acceptance of funds under this RFP acts as acceptance of the authority of the State Auditor's Office (SAO), any successor agency to SAO or TDA to conduct an audit or investigation in connection with those funds. Contractor further agrees to cooperate fully with the SAO, SAO's successor or TDA in the conduct of the audit or investigation, including providing all records requested and providing the State Auditor or TDA with access to any information the State Auditor or TDA considers relevant to the investigation or audit. Contractor will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through subcontractor and the requirement to cooperate is included in any subcontract awards.

1.14 Access to Information by State Auditor.

The contracted firm understands that in addition to the State Auditor's access to information as provided by paragraph 1.13, above, the State Auditor will receive a copies of the contract between the agency and the contractor, and the contractor's final report. The State Auditor also has access to working papers related to procured services and all draft and final reports and memoranda of discussions with agency management.

1.15 Release of Information and Open Records.

All proposals shall be deemed, once submitted, to be the property of TDA and subject to the Texas Public Information Act (Act). Under the Act, information submitted in response to this RFP may not be released by TDA during the proposal evaluation process or prior to the awarding of an agreement. After the evaluation process is completed by TDA and an agreement is awarded, proposals and information included therein may be subject to public disclosure under the Act.

1.16 Media releases.

TDA is the only entity authorized to issue news releases relating to this RFP and performance hereunder by contractor.

TRD-200804344

Dolores Alvarado Hibbs

General Counsel

Texas Department of Agriculture

Filed: August 12, 2008

Office of the Attorney General

Notice of Settlement of Enforcement Suit under the Texas Solid Waste Disposal Act and Texas Clean Air Act

Notice is hereby given by the State of Texas of the following proposed resolution of an environmental enforcement lawsuit under the Texas Water Code and Health and Safety Code. Before the State may settle a judicial enforcement action, pursuant to §7.110 of the Texas Water Code, the State shall permit the public to comment in writing on the proposed judgment. The Attorney General will consider any written comments and may withdraw or withhold consent to the proposed agreed judgment if the comments disclose facts or considerations that indicate that the consent is inappropriate, improper, inadequate, or inconsistent with the requirements of the Texas Solid Waste Disposal Act or Texas Clean Air Act.

Case Title and Court: The State of Texas vs. Conner Steel Products, Ltd., No. GV07000799 in the 53rd District Court of Travis County, Texas.

Nature of Defendant's Operations: The State's enforcement lawsuit alleges violations of the Texas Solid Waste Disposal Act and the Texas Clean Air Act at the Defendant's tank manufacturing facility in San Angelo, and seeks civil penalties, and attorney's fees.

Proposed Settlement: The proposed Agreed Final Judgment orders the Defendant to pay a civil penalty in the amount of $99,000.00 and attorney's fees of $23,775.00. In addition, it orders the Defendant to fund a Supplemental Environmental Project in the amount of $50,000, involving a project for household hazardous waste collection in Tom Green County.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgment, and written comments on the proposed judgment, should be directed to David Preister, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 7811-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For more information regarding this publication, contact Cindy Hodges, Agency Liaison, at (512) 936-1841.

TRD-200804286

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: August 11, 2008

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439-1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of August 1, 2008, through August 7, 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 August 13, 2008. The public comment period for this project will close at 5:00 p.m. on September 12, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: Sandalwood Oil and Gas, L.P.; Location: The project is located adjacent to Carancahua Bayou, southeast of the intersection of FM 2004 and FM 646, on Hall's Bayou Ranch, in Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Hitchcock, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 301049; Northing: 3241115. Project Description: The applicant proposes to place fill material and/or wooden mats or boards onto 1.18 acres of wetlands to construct a drilling pad, an access road and a production facility in order to drill for, and produce, petroleum resources. If the well is productive, the applicant will reduce the size of the work space to a 0.53-acre production facility. To compensate for the permanent impacts to wetlands, the applicant proposes to create approximately 0.53 acres of wetlands approximately 0.25 miles south and east of the proposed project area. CCC Project No.: 08-0198-F1. Type of Application: U.S.A.C.E. permit application #SWG-2007-01447 is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Railroad Commission of Texas under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Pursuant to §306(d)(14) of the Coastal Zone Management Act of 1972 (16 U.S.C.A. §§1451-1464), as amended, interested parties are invited to submit comments on whether a proposed action is or is not consistent with the Texas Coastal Management Program goals and policies and whether the action should be referred to the Coastal Coordination Council for review.

Further information on the applications listed above, including a copy the consistency certifications for inspection, may be obtained from Ms. Tammy Brooks, Consistency Review Coordinator, Coastal Coordination Council, P.O. Box 12873, Austin, Texas 78711-2873, or tammy.brooks@glo.state.tx.us. Comments should be sent to Ms. Brooks at the above address or by fax at (512) 475-0680.

TRD-200804358

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: August 13, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 08/18/08 - 08/24/08 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 08/18/08 - 08/24/08 is 18% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

TRD-200804307

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: August 12, 2008

East Texas Council of Governments

Public Notice

The East Texas Council of Governments (ETCOG) is re-issuing a Request for Proposal (RFP) to select a credentialed Information and Communication Technology (ICT) provider. Modifications have been made to the original RFP in an effort to foster competition. There are twelve (12) ICT functions listed in the RFP. The RFP is available to view online at www.etcog.org. Proposals are due to ETCOG on September 8, 2008 at 5:00 p.m. CDT.

NOTE: Any corrections, alterations or answers to questions concerning the RFP will be posted at the aforementioned web site. It is the responsibility of the proposer to review the web site periodically for corrections, alterations or answers to questions.

ETCOG is an Equal Opportunity Employer. Auxiliary aids and services are available upon request. Telephone: (903) 984-8641 or TDD (800) 725-2989.

TRD-200804136

David A. Cleveland

Executive Director

East Texas Council of Governments

Filed: August 7, 2008

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 22, 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 September 22, 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: Archdiocese of San Antonio; DOCKET NUMBER: 2008-0705-EAQ-E; IDENTIFIER: RN102748019; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: commercial construction site; RULE VIOLATED: 30 Texas Administrative Code (TAC) §213.4(j)(1), by failing to obtain approval of a modification to the March 8, 2000, water pollution abatement plan; PENALTY: $750; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Armstrong Hardwood Flooring Company; DOCKET NUMBER: 2008-0456-AIR-E; IDENTIFIER: RN100213065; LOCATION: Center, Shelby County; TYPE OF FACILITY: hardwood floor manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), New Source Review Permit (NSRP) Numbers 49096 and 21144, Special Condition (SC) 1, and Texas Health and Safety Code (THSC), §382.085(b), by failing to operate within permitted emission limits; 30 TAC §§122.143(4), 122.145(2)(C), and 122.146(2), Federal Operating Permit (FOP) Number O-01124, General Terms and Conditions, and THSC, §382.085(b), by failing to submit a semi-annual deviation report and an annual compliance certification; and 30 TAC §116.110(b), NSRP Number 21144, SC 6, and THSC, §382.085(b), by failing to obtain a permit amendment prior to altering operations; PENALTY: $46,075; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(3) COMPANY: Chevron Phillips Chemical Corporation LP; DOCKET NUMBER: 2008-0551-AIR-E; IDENTIFIER: RN100825249; LOCATION: Old Ocean, Brazoria County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §101.20(1) and (3) and §116.715(a), NSR Flexible Air Permit Number 22690/PSD-TX-751M1, SC Numbers 1 and 15, 40 Code of Federal Regulations (CFR) §60.18(c)(2), and THSC, §382.085(b), by failing to comply with permitted emissions limits and failing to maintain a flame present at all times on a flare; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(4) COMPANY: ESHAAN INVESTMENTS, L.L.C. dba Metro Food 2; DOCKET NUMBER: 2008-0616-PST-E; IDENTIFIER: RN101431526; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to have the line leak detectors tested; and 30 TAC §115.246(5) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and make them immediately available for review; PENALTY: $4,246; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(5) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2008-0681-AIR-E; IDENTIFIER: RN102212925; LOCATION: Baytown, Harris County; TYPE OF FACILITY: chemical manufacturing company; RULE VIOLATED: 30 TAC §116.715(a), Permit 3452, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(a)(1) and THSC, §382.085(b), by failing to submit the initial notification for the emissions event; PENALTY: $7,384; Supplemental Environmental Project (SEP) offset amount of $2,954 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(6) COMPANY: Flint Hills Resources, LP; DOCKET NUMBER: 2008-0568-AIR-E; IDENTIFIER: RN100217389; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(a) and (c)(7), and 122.143(4), NSRP Number 16989/PSD-TX-794, SC 1, FOP Number O-01317, Special Terms and Conditions (STC) Number 16, and THSC, §382.085(b), by failing to prevent the failure of the governor valve and subsequent shutdown of the light olefins unit; 30 TAC §§101.20(3), 116.715(a) and (c)(7), and 122.143(4), NSRP Number 16989/PST-TX-794, SC 1, FOP Number O-01317, STC Number 16, and THSC, §382.085(b), by failing to prevent a contractor from inadvertently closing the air supply valve to the hydrogen feed valve; and 30 TAC §§101.20(3), 116.715(a) and (c)(7), and 122.143(4), NPRP Number 16989/PST-TX-794, SC 1, FOP Number O-01317, STC Number 16, and THSC, §382.085(b), by failing to prevent excess emissions; PENALTY: $25,850; SEP offset amount of $10,340 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(7) COMPANY: Gulf South Pipeline Company, LP; DOCKET NUMBER: 2008-0558-AIR-E; IDENTIFIER: RN100218494; LOCATION: Goodrich, Polk County; TYPE OF FACILITY: pipeline compressor station; RULE VIOLATED: 30 TAC §122.143(4), FOP Number O-00455, SC (b)(2), (b)(8)(A)(iv), and (b)(8)(B)(iv), and THSC, §382.085(b), by failing to perform quarterly opacity observation for all stationary vents; and 30 TAC §§122.143(4), 122.145(2)(A) - (C), and 122.146(1) and (5)(C)(i) - (v), FOP Number O-00455, SC (b)(2), and THSC, §382.085(b), by failing to report quarterly opacity observation deviations on a semi-annual report; PENALTY: $7,800; SEP offset amount of $3,120 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(8) COMPANY: Hess Corporation; DOCKET NUMBER: 2008-0867-AIR-E; IDENTIFIER: RN103758470; LOCATION: Gaines County; TYPE OF FACILITY: natural gas processing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), NSR Permit Number 8414, SC 1, and THSC, §382.085(b), by failing to maintain carbon monoxide emissions; PENALTY: $1,975; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(9) COMPANY: Houston Refining LP; DOCKET NUMBER: 2008-0894-AIR-E; IDENTIFIER: RN100218130; LOCATION: Houston, Harris County; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §101.20(3) and §116.715(a), Air Permit Number 2167 and PSD-TX-985, SC Numbers 1 and 26, and THSC, §382.085(b), by failing to prevent excess hydrogen sulfide in the refinery fuel gas and prevent unauthorized emissions; PENALTY: $10,000; SEP offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Mobil Chemical Company Inc.; DOCKET NUMBER: 2008-0665-AIR-E; IDENTIFIER: RN100211903; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: polyethylene manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), FOP Number O-01243, SC Number 10A, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $2,725; SEP offset amount of $1,090 applied to Jefferson County-Southeast Texas Regional Air Monitoring Network; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(11) COMPANY: Pete Terrazas; DOCKET NUMBER: 2008-0556-WQ-E; IDENTIFIER: RN105368377; LOCATION: Fort Stockton, Pecos County; TYPE OF FACILITY: residential apartment construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 CFR §122.26(c), by failing to obtain authorization to discharge storm water associated with construction activities; PENALTY: $1,050; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.

(12) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0662-IWD-E; IDENTIFIER: RN102800315; LOCATION: Baytown, Harris County; TYPE OF FACILITY: industrial wastewater; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0002485000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for five-day biochemical oxygen demand (BOD₅), pH, total suspended solids, total organic carbon, oil and grease, and flow; 30 TAC §305.125(17) and TPDES Permit Number WQ0002485000, Monitoring and Reporting Requirements Number 1, by failing to timely submit monitoring results; and 30 TAC §305.125(1) and §319.5(b) and TPDES Permit Number WQ0002485000, Effluent Limitations and Monitoring Requirements Number 1, by failing to measure for each parameter specified in the permit; PENALTY: $17,213; SEP offset amount of $6,885 applied to RC&D - Water or Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Mark Oliver, (512) 239-3308; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(13) COMPANY: City of Troup; DOCKET NUMBER: 2008-0808-PWS-E; IDENTIFIER: RN101404317; LOCATION: Troup, Smith County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(c)(8), by failing to maintain the facility's storage tanks in strict accordance with current American Water Works Association standards; 30 TAC §290.45(b)(1)(D)(iv) and THSC, §341.0315(c), by failing to provide an elevated storage capacity of 100 gallons per connection; 30 TAC §290.44(d), by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch; 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 §290.44(h)(4), by failing to test all backflow prevention assemblies on an annual basis; PENALTY: $3,815; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(14) COMPANY: Union Carbide Corporation; DOCKET NUMBER: 2008-0807-AIR-E; IDENTIFIER: RN102181526; LOCATION: Seadrift, Calhoun County; TYPE OF FACILITY: chemical plant; RULE VIOLATED: 30 TAC §116.115(c)(1), NSR Permit Number 48653, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(15) COMPANY: Wendland Manufacturing Corporation; DOCKET NUMBER: 2008-0572-MLM-E; IDENTIFIER: RN100676220; LOCATION: San Angelo, Tom Green County; TYPE OF FACILITY: steel tank manufacturing; RULE VIOLATED: 30 TAC §§331.3(a) and (c), 331.7(a), 335.2(a), and 335.4, 40 CFR §144.11, and the Code, §26.121(a) and §27.011, by failing to prevent unauthorized use of underground injection wells to dispose of industrial solid waste; and 30 TAC §331.10(d) and 40 CFR §144.26, by failing to submit the inventory information for the Class V injection wells; PENALTY: $6,420; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (325) 655-9479.

TRD-200804295

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 12, 2008

Enforcement Orders

An agreed order was entered regarding Debbie Lewis dba Chaparral Courts, Docket No. 2005-1161-PWS-E on August 7, 2008 assessing $11,840 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Kerens, Docket No. 2005-1166-MWD-E on August 7, 2008 assessing $3,300 in administrative penalties with $660 deferred.

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

A default order was entered regarding Triple A Dump Truck Service, L.L.C., Docket No. 2006-0076-MSW-E on August 7, 2008 assessing $4,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Laurencia Fasoyiro, Staff Attorney at (713) 422-8914, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Abdul Aziz dba Pro Cleaners and dba Vogue Cleaners, Docket No. 2006-0762-DCL-E on August 7, 2008 assessing $2,370 in administrative penalties.

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

An agreed order was entered regarding JNCHO Inc. dba Comet Cleaners, Docket No. 2006-0932-DCL-E on August 7, 2008 assessing $889 in administrative penalties with $178 deferred.

Information concerning any aspect of this order may be obtained by contacting Mike Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Gary Gene Crupper, Docket No. 2006-1443-AIR-E on August 7, 2008 assessing $1,050 in administrative penalties.

An agreed order was entered regarding Cullen Texaco, Inc. dba Cullen Texaco, Docket No. 2006-1517-PST-E on August 7, 2008 assessing $22,000 in administrative penalties.

An agreed order was entered regarding Lorraine Donaldson, Docket No. 2006-2173-MSW-E on August 7, 2008 assessing $19,760 in administrative penalties.

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

An agreed order was entered regarding David D. Smith Construction, Inc., Docket No. 2006-2175-MSW-E on August 7, 2008 assessing $18,525 in administrative penalties.

An agreed order was entered regarding Fiorano Ventures, L.L.C., Docket No. 2007-0509-EAQ-E on August 7, 2008 assessing $24,000 in administrative penalties with $4,800 deferred.

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

An agreed order was entered regarding Thomas Steel Drums, Inc., Docket No. 2007-0515-MLM-E on August 7, 2008 assessing $13,500 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding John Paul Dodson and William Dodson, Docket No. 2007-0585-PST-E on August 7, 2008 assessing $7,875 in administrative penalties.

A default order was entered regarding Texas Industrial Scrap Iron & Metal Company, Inc., Docket No. 2007-0641-MLM-E on August 7, 2008 assessing $26,775 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 767-3500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Husnain Aftab Enterprises, Inc. dba Jr Mini Mart, Docket No. 2007-0698-PST-E on August 7, 2008 assessing $4,725 in administrative penalties.

An agreed order was entered regarding City of Sonora, Docket No. 2007-1016-MWD-E on August 7, 2008 assessing $8,950 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (254) 761-3048, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Lawrence Jackson, Docket No. 2007-1245-MLM-E on August 7, 2008 assessing $5,840 in administrative penalties.

A default order was entered regarding Derdeyn/Ford, Inc. dba Tejas Village, Docket No. 2007-1372-MLM-E on August 7, 2008 assessing $5,647 in administrative penalties.

An agreed order was entered regarding City of San Augustine, Docket No. 2007-1407-MWD-E on August 7, 2008 assessing $5,200 in administrative penalties with $1,040 deferred.

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

An agreed order was entered regarding Armortex, Inc., Docket No. 2007-1560-AIR-E on August 7, 2008 assessing $31,954 in administrative penalties with $6,390 deferred.

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

An agreed order was entered regarding Walter Lloyd Smith, Sr., Docket No. 2007-1685-PST-E on August 7, 2008 assessing $28,600 in administrative penalties with $27,400 deferred.

Information concerning any aspect of this order may be obtained by contacting Wallace Myers, Enforcement Coordinator at (512) 239-6580, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Hardin County, Docket No. 2007-1745-MSW-E on August 7, 2008 assessing $6,060 in administrative penalties with $1,212 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0086, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of San Angelo, Docket No. 2007-1766-WQ-E on August 7, 2008 assessing $17,120 in administrative penalties.

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

An agreed order was entered regarding City of Rose City, Docket No. 2007-1817-MLM-E on August 7, 2008 assessing $9,230 in administrative penalties with $1,846 deferred.

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

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2007-1843-IHW-E on August 7, 2008 assessing $51,600 in administrative penalties with $10,320 deferred.

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

An agreed order was entered regarding Citgo Refining and Chemicals Company L.P., Docket No. 2007-1853-AIR-E on August 7, 2008 assessing $2,425 in administrative penalties with $485 deferred.

Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding El Paso Independent School District, Docket No. 2007-1858-AIR-E on August 7, 2008 assessing $790 in administrative penalties with $158 deferred.

Information concerning any aspect of this order may be obtained by contacting Aaron Houston, Enforcement Coordinator at (409) 899-8784, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Tyler, Docket No. 2007-1900-PWS-E on August 7, 2008 assessing $5,295 in administrative penalties with $1,059 deferred.

Information concerning any aspect of this order may be obtained by contacting Richard Croston, Enforcement Coordinator at (512) 239-5717, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Aqua Texas, Inc., Docket No. 2007-1913-PWS-E on August 7, 2008 assessing $360 in administrative penalties with $72 deferred.

Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Glen Rose, Docket No. 2007-1933-MWD-E on August 7, 2008 assessing $1,990 in administrative penalties.

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

An agreed order was entered regarding City of Boyd, Docket No. 2007-1945-PWS-E on August 7, 2008 assessing $2,580 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Citation Corporation, Docket No. 2007-1952-AIR-E on August 7, 2008 assessing $13,300 in administrative penalties with $2,660 deferred.

An agreed order was entered regarding Postmus Dairy, L.L.C. dba Postmus Dairy, Docket No. 2007-1976-AGR-E on August 7, 2008 assessing $7,200 in administrative penalties with $1,440 deferred.

Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Leo Kopecky dba Leo's Stop N Shop, Docket No. 2007-1978-PST-E on August 7, 2008 assessing $7,875 in administrative penalties with $1,575 deferred.

An agreed order was entered regarding Deer Park Refining Limited Partnership, Docket No. 2007-2001-AIR-E on August 7, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2007-2006-AIR-E on August 7, 2008 assessing $29,482 in administrative penalties.

An agreed order was entered regarding Longhorn Glass Manufacturing, L.P, Docket No. 2007-2024-AIR-E on August 7, 2008 assessing $46,860 in administrative penalties with $9,372 deferred.

Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding C W & A, Inc., Docket No. 2007-2028-PST-E on August 7, 2008 assessing $4,800 in administrative penalties with $960 deferred.

An agreed order was entered regarding Ali Gullu Corporation dba Four Star Citgo 4, Docket No. 2007-2034-PST-E on August 7, 2008 assessing $2,310 in administrative penalties with $462 deferred.

An agreed order was entered regarding Riviera Water Control and Improvement District, Docket No. 2008-0004-MWD-E on August 7, 2008 assessing $2,500 in administrative penalties with $500 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrew Hunt, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas State Technical College, Docket No. 2008-0055-MLM-E on August 7, 2008 assessing $6,406 in administrative penalties with $1,281 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, Enforcement Coordinator at (512) 239-2558, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ysleta Independent School District, Docket No. 2008-0066-AIR-E on August 7, 2008 assessing $1,140 in administrative penalties with $228 deferred.

Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding VIVEK LLC dba Sam Food Mart, Docket No. 2008-0069-PST-E on August 7, 2008 assessing $8,000 in administrative penalties with $1,600 deferred.

An agreed order was entered regarding Sunoco, Inc. (R&M), Docket No. 2008-0070-AIR-E on August 7, 2008 assessing $11,100 in administrative penalties with $2,220 deferred.

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

An agreed order was entered regarding Honeywell International Inc., Docket No. 2008-0077-AIR-E on August 7, 2008 assessing $2,025 in administrative penalties with $405 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3550, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Shell Chemical LP, Docket No. 2008-0079-AIR-E on August 7, 2008 assessing $10,000 in administrative penalties with $2,000 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Roger Collins, Docket No. 2008-0101-IHW-E on August 7, 2008 assessing $920 in administrative penalties with $184 deferred.

Information concerning any aspect of this order may be obtained by contacting John Shelton, Enforcement Coordinator at (512) 239-2563, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Eggemeyer Land Clearing, L.L.C., Docket No. 2008-0106-MSW-E on August 7, 2008 assessing $2,100 in administrative penalties with $420 deferred.

An agreed order was entered regarding EBAA Iron, Inc., Docket No. 2008-0161-AIR-E on August 7, 2008 assessing $3,500 in administrative penalties with $700 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator at (512) 239-4969, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ashmal, Inc. East 1st Grocery, Docket No. 2008-0194-PST-E on August 7, 2008 assessing $4,375 in administrative penalties with $875 deferred.

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

An agreed order was entered regarding Munsell Construction, Inc., Docket No. 2008-0196-MLM-E on August 7, 2008 assessing $2,355 in administrative penalties with $471 deferred.

An agreed order was entered regarding East TeXas MillworXs, Inc. dba Seal Moulding, Docket No. 2008-0237-MLM-E on August 7, 2008 assessing $1,182 in administrative penalties with $236 deferred.

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

An agreed order was entered regarding Harris County Municipal Utility District 250, Docket No. 2008-0253-MWD-E on August 7, 2008 assessing $11,160 in administrative penalties with $2,232 deferred.

An agreed order was entered regarding BCWK, LP, Docket No. 2008-0267-MWD-E on August 7, 2008 assessing $3,240 in administrative penalties with $648 deferred.

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

An agreed order was entered regarding Chesapeake Energy Marketing, Inc., Docket No. 2008-0291-WR-E on August 7, 2008 assessing $641 in administrative penalties with $128 deferred.

An agreed order was entered regarding Central Bosque Water Supply Corporation, Docket No. 2008-0322-PWS-E on August 7, 2008 assessing $240 in administrative penalties with $48 deferred.

Information concerning any aspect of this order may be obtained by contacting Andrea Linson-Mgbeoduru, Enforcement Coordinator at (512) 239-1482 Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2008-0331-AIR-E on August 7, 2008 assessing $8,086 in administrative penalties with $1,617 deferred.

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

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2008-0339-AIR-E on August 7, 2008 assessing $5,600 in administrative penalties with $1,120 deferred.

An agreed order was entered regarding Kiker's Machine Works, Inc., Docket No. 2008-0341-WQ-E on August 7, 2008 assessing $2,100 in administrative penalties with $420 deferred.

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

An agreed order was entered regarding Salado Water Supply Corporation, Docket No. 2008-0344-PWS-E on August 7, 2008 assessing $1,107 in administrative penalties with $221 deferred.

An agreed order was entered regarding Cayuga Water Supply Corporation, Docket No. 2008-0356-PWS-E on August 7, 2008 assessing $735 in administrative penalties.

An agreed order was entered regarding Falcon Gunite Co., Inc., Docket No. 2008-0376-AIR-E on August 7, 2008 assessing $950 in administrative penalties with $190 deferred.

An agreed order was entered regarding Tennessee Gas Pipeline Company, Docket No. 2008-0401-AIR-E on August 7, 2008 assessing $2,050 in administrative penalties with $410 deferred.

An agreed order was entered regarding Medina County Water Control and Improvement District No. 2, Docket No. 2008-0410-MWD-E on August 7, 2008 assessing $1,265 in administrative penalties with $253 deferred.

An agreed order was entered regarding Tige Boats, Inc., Docket No. 2008-0526-AIR-E on August 7, 2008 assessing $5,000 in administrative penalties with $1,000 deferred.

An agreed order was entered regarding Stryker Lake Water Supply Corporation, Docket No. 2008-0549-PWS-E on August 7, 2008 assessing $347 in administrative penalties.

An agreed order was entered regarding City of Sulphur Springs, Docket No. 2008-0626-PWS-E on August 7, 2008 assessing $675 in administrative penalties.

A field citation was entered regarding Harlow Stores, Inc. dba Harlows 3, Docket No. 2008-0083-PST-E on August 7, 2008 assessing $1,750 in administrative penalties.

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

A field citation was entered regarding Star Fuels, Inc. dba Wallisville Texaco, Docket No. 2008-0088-PST-E on August 7, 2008 assessing $1,750 in administrative penalties.

A field citation was entered regarding J. E. Fortson, Docket No. 2007-1967-WR-E on August 7, 2008 assessing $350 in administrative penalties.

TRD-200804362

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2008

Notice of a Public Meeting and a Proposed General Permit Authorizing the Discharge of Wastewater and Storm Water from Quarries in the John Graves Scenic Riverway

The Texas Commission on Environmental Quality (TCEQ) proposes to issue a general permit (Texas Pollutant Discharge Elimination System Permit No. TXG500000) authorizing the discharges of process wastewater, mine dewatering, storm water associated with industrial activity, construction storm water, and certain non-storm water discharges from quarries located greater than one mile from a water body that is within a water quality protection area in the John Graves Scenic Riverway. General permits are authorized by §26.040 of the Texas Water Code.

PROPOSED GENERAL PERMIT

The Executive Director has prepared a draft permit that authorizes the discharges of process wastewater, mine dewatering, storm water associated with industrial activity, construction storm water, and certain non-storm water discharges from quarries located greater than one mile from a water body that is within a water quality protection area in the John Graves Scenic Riverway. This general permit requires quarries located greater than one mile from a water body that is within a water quality protection area in the John Graves Scenic Riverway to submit a Notice of Intent (NOI), Pollution Prevention Plan, Restoration Plan, and proof of financial assurance for Restoration to obtain authorization for discharge. No significant degradation of high quality waters is expected and existing uses will be maintained and protected.

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ's Office of the Chief Clerk, located at the TCEQ's Austin office at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's Dallas (Region 4) office and on the TCEQ's website at: http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits/draftJGSRQuarryGP.html.

PUBLIC COMMENT/PUBLIC MEETING

You may submit public comments about this general permit in writing or orally at the public meeting held by the TCEQ. The purpose of a public meeting is to provide an opportunity to submit comments and to ask questions about the general permit. A public meeting is not a contested case hearing. The public comment will end at the conclusion of the public meeting. The TCEQ will hold a public meeting on this general permit on Tuesday, September 23, 2008 at 7:00 p.m. at Harberger Hill Community Building, Room E, 701 Narrow Street, Weatherford, Texas 76086.

Written public comments must be received by the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 by the end of the public comment period on September 23, 2008.

APPROVAL PROCESS

After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting at which the commission will consider approval of the general permit. The commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commission's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.

MAILING LISTS

In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for this specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ's Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for this specific general permit.

INFORMATION

If you need more information about this permit or the permitting process, please call the TCEQ's 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.

Further information may also be obtained by calling the TCEQ's Water Quality Division, Storm Water and Pretreatment Team, at (512) 239-4671.

Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200804289

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 11, 2008

Notice of Deletion of the Shelby Wood Specialty, Inc. Proposed State Superfund Site from the State Superfund Registry

The executive director (ED) of the Texas Commission on Environmental Quality (TCEQ) is issuing this notice of deletion of the Shelby Wood Specialty, Inc. proposed state Superfund site (the Site) from its proposed-for-listing status on the state registry, the list of state Superfund sites. The state registry lists the contaminated sites that may constitute an imminent and substantial endangerment to public health and safety or the environment due to a release or threatened release of hazardous substances into the environment. The Site is being deleted from the state registry because it has been accepted into the TCEQ Voluntary Cleanup Program.

The Site was originally proposed for listing on the state registry in the April 6, 2007 issue of the Texas Register (32 TexReg 2038). The Site was proposed to the state registry with a commercial/industrial land use designation in accordance with Texas Risk Reduction Program (TRRP) regulations (30 TAC Chapter 350). The Site consists of approximately 27.4 acres and is located at 3295 United States Highway 84 East, in Tenaha, Shelby County, Texas. The Site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Site.

The records indicate that the Site operated as a wood treating facility from approximately the mid-1970s to the mid-1980s. The facility treated wood with copper chromium arsenate (CCA). The facility used four to five acres of the 27.4-acre property. Rails at the facility led to a pressure vessel in which CCA was used to treat wood. The pressure vessel and chemical tanks have been removed from the Site and the rails have been covered with concrete. An investigation in 1989 indicated elevated levels of chromium, copper and arsenic. On August 23, 2005, the TCEQ conducted soil sampling from one- to eight-inch depths at the Site. The sampling results indicated releases of arsenic, cadmium, chromium, copper, magnesium, manganese, sodium, zinc and other chemicals at the Site at levels greater than three times those that occur naturally in the environment. Hazardous substances have also been detected in sediment samples taken from wetlands located 0.8 miles downstream from the Site.

The Site has been accepted into the TCEQ Voluntary Cleanup Program (VCP) and is therefore eligible for deletion from the state registry as provided by 30 TAC §335.344(c). The Site will be addressed in accordance with TRRP regulations.

In accordance with 30 TAC §335.344(b), the TCEQ held a public meeting to receive comments on the intended deletion of the Site on July 10, 2008, at the Tenaha City Hall, located at 122 North Center, Tenaha, Texas. The TCEQ has prepared a responsiveness summary that responds to comments received into the record at the public meeting. The complete public file, including the transcript of the meeting and the responsiveness summary, may be viewed during regular business hours at the TCEQ's Records Management Center, Building E, First Floor, 12100 Park 35 Circle, Austin, Texas 78753, telephone numbers (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee.

All inquiries regarding the deletion of the Site should be directed to Ms. Crystal Taylor, Community Relations, telephone numbers (800) 633-9363, extension 3844.

TRD-200804292

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 12, 2008

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is September 22, 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on September 22, 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: Geosource, Inc. dba Geosource aka Wagner Materials; DOCKET NUMBER: 2008-0501-MLM-E; TCEQ ID NUMBER: RN100847813; LOCATION: the south side of Farm-to-Market Road 1863, approximately one mile east of United States 281 North, Bexar and Comal Counties, Texas; TYPE OF FACILITY: wood recycling facility; RULES VIOLATED: 30 TAC §330.15(c), by failing to dispose of municipal solid waste in an authorized manner; and 30 TAC §213.4(j)(2), by failing to receive approval of modifications to an Edwards Aquifer Water Pollution Abatement Plan prior to performing a regulated activity; PENALTY: $3,500; STAFF ATTORNEY: Dinniah M. Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Hondo Healthcare and Rehabilitation Center, Inc. (Previously Known As Harvest Communities of Houston, Inc.); DOCKET NUMBER: 2007-1078-MWD-E; TCEQ ID NUMBER: RN102186889; LOCATION: 10110 Airline Drive at the northeast corner of the intersection of Airline Drive and Aldine Mail Road in Harris County, Texas; TYPE OF FACILITY: wastewater treatment facility for a healthcare center; RULES VIOLATED: 30 TAC §305.125(1) and §309.13(e)(2) and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 10825001, Other Requirements Number Three, by failing to implement a nuisance prevention system to mitigate odor and noise; 30 TAC §305.125(1) and §319.1 and TPDES Permit Number 10825001, Monitoring and Reporting Requirements Number One, by failing to submit Discharge Monitoring Reports (DMRs) as required by the permit; 30 TAC §305.125(1) and (11)(B) and §319.7(c) and TPDES Permit Number 10825001, Monitoring and Reporting Requirements Number 3.b., by failing to have all the required monitoring and reporting records available for review upon request; 30 TAC §305.125(1) and §319.1 and TPDES Permit Number 10825001, Monitoring and Reporting Requirements Number One, by failing to correctly calculate and report the monitoring data based on the required monitoring frequency for November 2005; 30 TAC §305.125(1) and (5) and TPDES Permit Number 10825001, Operational Requirements Number One, by failing to properly operate and maintain the Facility; 30 TAC §305.125(1) and §319.1 and TPDES Permit Number 10825001, Monitoring and Reporting Requirements Number One, by failing to submit DMRs as required by the permit; and 30 TAC §21.4 and TWC, §5.702, by failing to pay outstanding Consolidated Water Quality fees and associated late fees for TCEQ Account Number 23002404 for Fiscal Years 2005 - 2007; PENALTY: $15,408; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200804293

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 12, 2008

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; 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 September 22, 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 September 22, 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: Casey Croy; DOCKET NUMBER: 2008-0563-MSW-E; TCEQ ID NUMBER: RN104789045; LOCATION: 2324 Farm-to-Market Road 2905, Hamilton, Hamilton County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site; RULES VIOLATED: 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $3,960; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(2) COMPANY: Duke Pendergraft dba Pendergraft Stone; DOCKET NUMBER: 2008-0592-WQ-E; TCEQ ID NUMBER: RN104285317; LOCATION: 0.8 miles north on Bean Road from the intersection of Rockdale Road and Bean Road, Haskell, Haskell County, Texas; TYPE OF FACILITY: stone quarry; RULES VIOLATED: 30 TAC §281.25(a)(4), 40 Code of Federal Regulations §122.26(c), and TCEQ Default Order, Docket Number 2004-0938-WQ-E, Ordering Provision Numbers 1, 2.a.i and 2.a.ii, by failing to obtain authorization to discharge storm water associated with industrial activities to waters in the state and failing to pay the administrative penalty assessed in TCEQ Default Order, Docket Number 2004-0938-WQ-E, Ordering Provision Number 1; PENALTY: $14,850; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(3) COMPANY: Efrain Juarez; DOCKET NUMBER: 2008-0090-MSW-E; TCEQ ID NUMBER: RN102402146; LOCATION: 3818 Kolloch Drive, Dallas, Dallas County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste storage site; RULES VIOLATED: 30 TAC §330.7(a), by failing to obtain a permit or other authorization from the TCEQ prior to storing municipal solid waste at the facility; PENALTY: $1,050; STAFF ATTORNEY: Mary R. Risner, Litigation Division, MC 175, (512) 239-6224; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(4) COMPANY: P Johnston Ventures, Inc.; DOCKET NUMBER: 2005-1141-MSW-E; TCEQ ID NUMBER: RN100869254; LOCATION: 860 Rayford Road, Montgomery County, Texas; TYPE OF FACILITY: unauthorized municipal solid waste site; RULES VIOLATED: 30 TAC §330.5(c)(2), caused, suffered, allowed, or permitted the dumping or disposal of municipal solid waste without the written authorization of the commission; PENALTY: $7,875; 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.

(5) COMPANY: Richard Brannan; DOCKET NUMBER: 2007-1552-PST-E; TCEQ ID NUMBER: RN102220761; LOCATION: 1001 Wallis Avenue, Santa Ana, Coleman County, Texas; TYPE OF FACILITY: inactive underground storage tank (UST); RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, one UST for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees and associated late fees for TCEQ Financial Account Number 0049072U for Fiscal Years 1996 through 2007; PENALTY: $2,600; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

TRD-200804294

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: August 12, 2008

Notice of Public Hearing on Proposed Revisions to 30 TAC Chapter 291

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed repeals and additions to 30 Texas Administrative Code (TAC) Chapter 291, Utility Regulations.

The proposed rulemaking would allow implement House Bill 149, 80th Legislature, 2007, Regular Session, relating to retail public water and sewer utilities. This proposed rulemaking would add the definition of a nonfunctioning system and allow a retail public utility that takes over a nonfunctioning utility to charge reasonable temporary rates and give the retail public utility a reasonable period of time to bring the nonfunctioning system into compliance with commission rules before the commission assesses penalties.

A public hearing on this proposal will be held in Austin on September 18, 2008, at 2:00 p.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. 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 Michael Parrish, Office of Legal Services at (512) 239-2548. 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 2008-014-291-PR. The comment period closes September 22, 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 Tammy Benter, Utilities and Districts Section, Water Supply Division, at (512) 239-6136.

TRD-200804157

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 8, 2008

Notice of Public Hearings on Proposed Revisions to 30 TAC Chapter 101 and to the State Implementation Plan

The Texas Commission on Environmental Quality (commission) will conduct public hearings to receive testimony regarding proposed revisions to 30 TAC Chapter 101, General Air Quality Rules, Subchapter H, Emissions Banking and Trading, Division 4, Discrete Emission Credit Banking and Trading, §101.376 and §101.379 and corresponding revisions to the state implementation plan under the requirements of Texas Health and Safety Code, §382.017; Texas Government Code, Chapter 2001, Subchapter B; and 40 Code of Federal Regulations §51.102, of the United States Environmental Protection Agency (EPA) concerning state implementation plans.

The proposed rulemaking would create an enforceable mechanism that allows the executive director to restrict the use of discrete emissions reduction credits (DERCs) in the Dallas-Fort Worth (DFW) eight-hour ozone nonattainment area to a level consistent with the attainment and maintenance of the eight-hour ozone National Ambient Air Quality Standard. The proposed amendments would establish an annual review to be conducted by the executive director to determine the number of DERCs available for potential use in the upcoming calendar year for the DFW eight-hour ozone nonattainment area. The proposed rulemaking would also change the deadlines to submit a DEC-2 Form from 45 to 120 days prior to the applicable use period for the calendar year to allow adequate time for the executive director to determine the amount of available DERCs. (Rule Project Number 2008-011-101-EN)

The proposed SIP revision would incorporate a DERC rule revision, set a limit on DERC use for the DFW area, and identify reductions to satisfy the EPA's three percent contingency requirement for the DFW 1997 Eight-Hour Ozone Standard Nonattainment Area. The Motor Vehicle Emissions Budget for nitrogen oxides and volatile organic compound emissions as set in the attainment demonstration SIP is not changed or affected by this revision to the DFW 1997 eight-hour ozone nonattainment area SIP revision. (Project Number 2008-016-SIP-NR)

Public hearings for this proposed rulemaking have been scheduled on September 9, 2008, at 6:30 p.m. in the J. Erik Jonsson Central Library Auditorium, 1515 Young Street, Dallas, and on September 10, 2008, at 10:00 a.m. in the Arlington City Hall Council Chambers, 101 W. Abram Street, Arlington. The hearings will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearings. Individuals may present oral statements when called upon in order of registration. A time limit may be established at each hearing to assure that enough time is allowed for every interested person to speak. There will be no open discussion during the hearings; however, commission staff members will be available to discuss the proposals 30 minutes before each hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearings should contact Joyce Spencer, Air Quality Division, at (512) 239-5017. Requests should be made as far in advance as possible.

Comments may be submitted to Kristin Smith, Texas Register Team, Office of Legal Services, Texas Commission on Environmental Quality, MC 205, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at www5.tceq.state.tx.us/rules/ecomments/. File size restrictions may apply to comments being submitted via the eComments system. All comments should reference the rule or SIP project number that the comment pertains to: Rule Project Number 2008-011-101-EN for proposed rule changes, and SIP Project Number 2008-016-SIP-NR for proposed SIP changes. Comments must be received by September 12, 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 . Copies of the proposed SIP revision and all appendices can be obtained from the commission's web site at http://www.tceq.state.tx.us/implementation/air/sip/sipplans.html . For further information regarding the proposed rules; please contact Luke Baine, Air Quality Planning Section, (512) 239-5856; and regarding the proposed SIP revision, please contact Mary Ann Cook, Air Quality Planning Section, at (512) 239-6739.

TRD-200804138

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: August 8, 2008

Notice of Water Quality Applications

The following notices were issued during the period of July 31, 2008 through August 12, 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

ADVANCED AROMATICS, L.P. which operates Advanced Aromatics L.P., has applied for renewal of TPDES Permit No. WQ0001914000, which authorizes the discharge of treated process wastewater, domestic wastewater, utility wastewater and storm water at a daily average flow not to exceed 60,000 gallons per day via Outfall 001 and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 5501 West Braker Road, midway between Decker Drive and Bayway Drive, in the City of Baytown, Harris County, Texas.

ASHBROOK SIMON-HARTLEY OPERATIONS, LP which operates a manufacturing facility of wastewater and water treatment plant belt filter presses and sluice gates, has applied for a renewal of TPDES Permit No. WQ0001536000, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 4,000 gallons per day via Outfall 001, and hydrostatic test water at a daily maximum flow not to exceed 200,000 gallons per day via Outfall 002. The facility is located at 11600 East Hardy Street, adjacent to the east side of Hardy Street between Collins Road on the south and Halls Bayou on the north, in the City of Houston, Harris County, Texas.

CJUF II STRATUS BLOCK 21 LLC which proposes to operate Block 21, has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0004854000, to authorize the discharge of treated groundwater at a daily maximum flow not to exceed 432,000 gallons per day via Outfall 001. The facility is located at 201 Guadalupe Street in downtown Austin, bounded by 2nd and 3rd Streets (to the north and south) and by Lavaca and Guadalupe Streets (to the east and west), Travis County, Texas.

EQUISTAR CHEMICALS, LP which operates the Channelview Complex, a synthetic organic chemical manufacturing facility, has applied for a major amendment to TPDES Permit No. WQ0000391000 to authorize the discharge of boiler blowdown, hydrostatic test water, maintenance wastewater, landfarm run-off, groundwater from monitoring and recovery wells (both onsite and offsite), and cooling tower blowdown, boiler blowdown, and process area storm water from an adjacent co-generation facility via Outfall 001; remove the maximum limit for residual chlorine required for domestic sewage at Outfall 001; and authorize the transport of wastewater treatment sludge from Equistar Chemicals, LP Channelview North Plant to the Lyondell Chemical Company South Plant located on a contiguous property. The current permit authorizes the discharge of treated organic chemical manufacturing process wastewater, auto shop wastewater, laboratory wastewater, cooling tower blowdown, sanitary wastewater, loading area and process area washdown, tank farm wastewater, heat exchanger blasting slab waste, steam blowdown, demineralization regeneration blowdown, methanol neutralization sump wastewater, and process area storm water runoff at a daily average flow not to exceed 7,200,000 gallons per day via Outfall 001; de minimus quantities from spill cleanups, utility wastewaters, construction water, non-process area storm water runoff, storm water (from secondary containment structures), and post first flush process area storm water runoff on a continuous and flow variable basis via Outfall 002; de minimus quantities from spill cleanups, utility wastewaters, construction water, and storm water runoff on an intermittent and flow variable basis via Outfalls 003 and 005; and de minimus quantities from spill cleanups, utility wastewaters, construction water, post first flush process area storm water runoff, and non-process area storm water runoff and storm water (from secondary containment structures) on a intermittent and flow variable basis via Outfall 004. The facility is located at 8280 Sheldon Road, approximately four miles north of Interstate Highway 10 in the extraterritorial jurisdiction of the City of Houston, Harris County, Texas.

EQUISTAR CHEMICALS, LP which operates Equistar Chemicals Port Arthur Plant, an inactive plant that formerly manufactured polyethylene, has applied for a major amendment to TPDES Permit No. WQ0000765000 to authorize the removal of effluent limitations for Organic Chemicals Plastics and Synthetic Fibers (OCPSF) parameters, biochemical oxygen demand (5-day), and total chromium; and a reduction in the monitoring frequencies for total organic carbon, oil and grease, and pH at Outfall 001. The current permit authorizes the discharge of storm water and groundwater seepage on an intermittent and flow variable basis via Outfall 001.The facility is located on the north side of Taylor Bayou and approximately one mile south of the intersection of Farm to Market Road 823 with State Highway 73 west of the City of Port Arthur, Jefferson County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.

EVONIK DEGUSSA CORPORATION which operates the Baytown Carbon Black Plant, a carbon black product handling facility, has applied for a renewal of TPDES Permit No. WQ0000737000, which authorizes the discharge of storm water commingled with treated domestic sewage, washdown water, and utility water on an intermittent and flow variable basis via Outfall 001. The facility is located at 9300 Needlepoint Road, south of Interstate Highway 10, bounded by Cedar Bayou Tidal on the east and by the Southern Pacific Railroad tracks on the west, approximately five miles northeast of the City of Baytown, Harris County, Texas.

EXPLORER PIPELINE COMPANY which operates Port Arthur Station, a petroleum products pipeline tank farm, has applied for a renewal of TPDES Permit No. WQ0002399000, which authorizes the discharge of storm water runoff on intermittent and flow variable basis via Outfall 001, and the discharge of storm water runoff, tank water drainage, and washdown water from the launcher/receiver slab on intermittent and flow variable basis via Outfall 002. The facility is located at 6300 Port Arthur Road, one mile north-northwest of the intersection of State Highway 73 and State Highway 823 in the City of Port Arthur, Jefferson County, Texas.

INEOS POLYETHYLENE NORTH AMERICA which operates the La Porte Plant, which is a polyolefin manufacturing facility, has applied for a renewal of TPDES Permit No. WQ0000544000, which authorizes the discharge of treated process wastewater, utility wastewater, domestic wastewater, and storm water runoff via Outfall 001 at a daily average flow not to exceed 3,980,000 gallons per day; utility wastewater and storm water runoff on an intermittent and flow variable basis via Outfalls 002 and 004; and storm water runoff on an intermittent and flow variable basis via Outfall 005. The facility is located at 1230 Battleground Road (State Highway 134), south of Miller Cutoff Road, in the City of La Porte, Harris County, Texas.

KINDER MORGAN PETCOKE, L.P. which operates Petcoke Penn City Terminal, a bulk material storage facility that handles washed aggregate, petroleum coke, carbonaceous pitch, sand, and gravel, has applied for a renewal of TPDES Permit No. WQ0003244000, which authorizes the discharge of dust suppression water and storm water at a daily maximum flow not to exceed 3,800,000 gallons per day via Outfall 001. The facility is located at 3100 Penn City Road, approximately one mile south of the intersection of Penn City Road and Interstate Highway 10, Harris County, Texas.

KINDER MORGAN PETCOKE, L.P. which operates Port of Houston Terminal, a bulk handling facility, has applied for a renewal of TPDES Permit No. WQ0003373000, which authorizes the discharge of wash water and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located at 3100 Penn City Road in the City of Houston, immediately east-northeast of the confluence of Greens Bayou and Buffalo, Harris County, Texas.

LUFKIN INDUSTRIES, INC. which operates Lufkin Industries Plant, a facility which manufactures oil well pumping units and truck trailers, has applied for a renewal of TPDES Permit No. WQ0001268000, which authorizes the discharge of process wastewater, utility wastewater, and domestic wastewater at a daily average flow not to exceed 74,500 gallons per day via Outfall 001. The facility is located approximately 7.0 miles southeast of the City of Lufkin on U.S. Highway 69, Angelina County, Texas.

MST PRODUCTION, LTD. which proposes to operate to operate the Huckabay Ridge Renewable Energy Facility, which will produce biogas using anaerobic digestion of cow manure and other organic agricultural/food processing by-products., has applied for a new permit, Proposed Permit No. WQ0004826000 to authorize the disposal of digester process wastewater at a volume not to exceed an annual average flow of 125,000 gallons per day via irrigation of 2,241.3 acres. This permit will not authorize a discharge of pollutants into water in the State. The facility is located on Farm-to-Market Road (FM) 219, 5.4 miles north of the intersection of FM 210 and State Highway 8. The disposal sites are located: north of FM Road 219, 0.8 mile northwest of the intersection of FM 219 and FM 2303; south of FM Road 219, 0.9 mile northeast of the intersection of FM 219 and FM 2303; north of FM 219, 0.5 mile northeast of the intersection of County Road (CR) 404 and CR 403; off of CR 405, between CR 403 and CR 419, south of the eastern arm of CR 419; north of the eastern arm of CR 419; off FM 219, 0.85 mile east of the intersection of FM 219 and CR 422; north of CR 403, one mile northeast of the intersection of CR 403 and CR 398; north of CR 398, 0.75 mile west of the intersection of CR 403 and CR 398; east of CR 403, directly south of CR 398; and east of CR 403 and west of CR 402, Erath County, Texas.

NEW CANEY MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0012274001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 1,060,000 gallons per day to an annual average flow not to exceed 2,000,000 gallons per day. The facility is located approximately 0.4 mile east and 1.6 miles south of the intersection of Caney Creek and State Highway 59 in Montgomery County, Texas.

OAK GROVE MANAGEMENT COMPANY LLC which will operate the Oak Grove Steam Electric Station, a lignite-fired steam electric generating facility currently under construction, has applied for a major amendment to TPDES Permit No. WQ0001986000, to authorize the increase in the total volume discharged during any 24-hour period from not to exceed 1,470,000,000 gallons to a total volume discharged during any 24-hour period not to exceed 1,610,000,000 gallons via Outfall 001; delete Outfalls 004 and 005; move the discharge locations for Outfalls 006 and 007 to the Primary Discharge Canal prior to discharge via Outfall 001; renumber Outfall 006 to internal Outfall 101; renumber Outfall 007 to internal Outfall 401; add low volume waste and metal cleaning waste on an intermittent and flow variable basis via internal Outfall 101; add low volume waste, metal cleaning waste, bottom ash contact water, and flue gas desulfurization (FGD) system wastewater on an intermittent and flow variable basis via internal Outfall 401; add the discharge of coal pile runoff, low volume waste, and storm water on an intermittent and flow variable basis via new internal Outfall 201; add the discharge of low volume waste on an intermittent and flow variable basis via Outfall 002; move the discharge location for Outfall 003 to the Primary Discharge Canal prior to discharge via Outfall 001; renumber Outfall 003 to internal Outfall 301; remove the 4.0 mg/l maximum chlorine residual concentration and reduce the1.0 mg/l minimum chlorine concentration monitoring frequency from five times per week to once per week at internal Outfall 301; add the discharge of previously monitored effluents from internal Outfalls 101, 201, 301 and 401 via Outfall 001; revise monitoring location descriptions; and recalculate effluent limitations with adjustment and/or removal of effluent limitations as applicable. The current permit authorizes the discharge of once-through cooling water and auxiliary cooling water at a daily maximum flow not to exceed 1,470,000,000 gallons during any 24-hour period via Outfall 001; coal pile runoff and storm water runoff from the lignite/limestone storage area on an intermittent and flow variable basis via Outfall 002; treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day via Outfall 003; low volume waste and storm water runoff on an intermittent and flow variable basis via Outfall 004; low volume waste, metal cleaning waste, ash transport water (bottom ash contact water), and storm water runoff on an intermittent and flow variable basis via Outfall 005; flue gas desulfurization system wastewater, ash transport water (bottom ash contact water), and storm water runoff on an intermittent and flow variable basis via Outfall 006; and storm water runoff from the railroad area on an intermittent and flow variable basis via Outfall 007. The facility is located on the west shore of Twin Oak Reservoir, approximately 8.5 miles south of Texas Highway 7, off Farm-to-Market Road 979, and approximately 12 miles north of the City of Franklin, Robertson County, Texas.

CITY OF SAN JUAN has applied for a major amendment to TPDES Permit No. WQ0011512001 to authorize the addition of Outfall 002 for the discharge of treated domestic wastewater at a volume not to exceed 200,000 gallons per day. The current permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,000,000 gallons per day. The facility is located approximately 1.9 miles south of U.S. Highway 83 Business Route at the south end of the San Antonio Road, at 201 West Hall Acres Road, in the City of San Juan in Hidalgo County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014836001 issued to SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION to include the definition of the composite sample type under the effluent limitations and monitoring requirements pages 2 and 2a of the permit. The existing permit authorizes the discharge of filter backwash effluent from a water treatment plant at a daily average flow not to exceed 1,500,000 gallons per day. The facility is located on County Road 127, approximately two miles north of Farm-to-Market Road 1117 in Gonzales County, Texas.

SIGNAL INTERNATIONAL TEXAS, L.P. which operates Signal International Texas Drydock facility, has applied for a renewal of TPDES Permit No. WQ0003753000, which authorizes the discharge of storm water runoff associated with industrial activity on an intermittent and flow variable basis via Outfalls 001, 002, 003, 004, 005, 006, and 007, vessel ballast water on an intermittent and flow variable basis via Outfall 008, and cooling water on an intermittent and flow variable basis via Outfall 009. The facility is located on Farm-to-Market Road (FM) 82 approximately one mile south of the intersection of FM 87 and FM 82 on Pleasure Island in the City of Port Arthur, Jefferson County, Texas. The effluent is discharged to the Sabine-Neches Canal Tidal, in Segment No. 0703 of the Neches-Trinity Coastal Basin.

SOLVAY CHEMICALS, INC. which operates Solvay Interox Deer Park Plant that produces hydrogen peroxide and sodium percarbonate, has applied for a renewal of TPDES Permit No. WQ0002544000, which authorizes the discharge of storm water runoff at a variable rate depending on rainfall from the hydrogen peroxide and sodium percarbonate process and storage areas via Outfall 001, and treated process wastewater, utility waters, and storm water runoff at a daily average flow not to exceed 434,000 gallons per day (MGD) via Outfall 002. The facility is located at 1130 Battleground Road (State Highway 134) in the City of Deer Park, Harris County, Texas

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor amendment of the Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014852001 issued to SOUTH CENTRAL WATER COMPANY to change the daily maximum limitation for Total Suspended Solids from 4 mg/l to 40 mg/l on Page 2b of the permit under the Final Effluent Limitations and Monitoring Requirements. The existing permit authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility will be located approximately 7,200 feet northeast of Farm-to-Market Road 1486 and Shady Oaks Lane in Montgomery County, Texas.

SOUTHMOST REGIONAL WATER AUTHORITY AND BROWNSVILLE PUBLIC UTILITIES BOARD, which operates a reverse osmosis potable water treatment plant, has applied for a major amendment to TPDES Permit No. WQ0004541000 to authorize an increase of the daily maximum effluent limitation for total dissolved solids at Outfall 001; remove Other Requirement Provision No. 7 which requires monitoring of the ambient total dissolved solids concentrations and background stream-flow conditions of the receiving stream; and authorize the disposal of over pressure relief well water by evaporation in an on-site evaporation/retention pond. The current permit authorizes the discharge of reverse osmosis reject water at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001. The proposed permit authorizes the discharge of reverse osmosis reject water and raw well water at a daily average flow not to exceed 4,000, 000 gallons per day via Outfall 001. The facility is located at 1255 North Farm-to-Market Road 511, approximately 2.7 miles east of the intersection of U.S. Highway 83 and Farm-to-Market Road 511, in the City of Brownsville, Cameron County, Texas.

STAGECOACH PROPERTIES, INC. has applied for a renewal of TPDES Permit No. WQ0010884001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 50,000 gallons per day. The facility is located 200 feet west of Farm-to-Market Road 2268, 300 feet south of Salado Creek, and 400 feet southeast of the crossing of Salado Creek by the Interstate Highway 35 east frontage road, in the community of Salado in Bell County, Texas.

The Texas Commission on Environmental Quality (TCEQ) has initiated a minor modification of the Texas Pollutant Discharge Elimination System (TPDES) permit issued to the CITY OF SULPHUR SPRINGS, to incorporate a substantial modification to the approved pretreatment program. The applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 4,215 gallons per day. The facility is located south of the St. Louis Southwestern Railroad approximately 7,000 feet north east of the intersection of Interstate highway 30 and Farm-to-Market Road 1870 in Hopkins County, Texas in Hopkins County, Texas.

TEXAS BARGE & BOAT, INC. which operates Texas Barge & Boat, Inc., has applied for a renewal of TPDES Permit No. WQ0004696000, which authorizes the discharge of ballast and bilge water from marine vessels on an intermittent and flow variable basis via Outfall 004, and ballast and bilge water from marine vessels, drydock water and pressure wash water on an intermittent and flow variable basis via Outfall 005. The facility is located approximately 2.5 miles south of the intersection of State Highway 288 and County Road 242A, Brazoria County, Texas.

U.S. STEEL TUBULAR PRODUCTS, INC. which operates U.S. Steel Tubular Products, Inc., has applied for a major amendment to TPDES Permit No. WQ0003540000 to authorize the removal of aluminum limits from the permit, to increase the flow rate at internal outfall 101 from a daily average flow not to exceed 6,000 gallons per day to a daily average flow not to exceed 18,000 gallons per day and from a daily maximum flow not to exceed 7,500 gallons per day to a daily maximum flow not to exceed 22,500 gallons per day; reroute the flow from internal outfall 101 to Outfall 002; and to remove Outfalls 003, 004, 005, and 006 and authorize the discharges from these outfalls under the Multi-Sector General Permit for storm water (TPDES No. TXR050000) and the Hydrostatic Test Water General Permit (TPDES No. TXG670000); the removal of total silver limits at Outfall 005; and the revision of total copper and total cyanide final effluent limits at Outfall 001, 003, 004, and 005. The current permit authorizes the discharge of cooling tower wastewater, hydrostatic test water, vehicle wash water, storm water, and previously monitored effluent on an intermittent and flow variable basis via Outfall 001; hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 002; hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 003; hydrostatic test water, wash water, and storm water on an intermittent and flow variable basis via Outfall 004; process wastewater, hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 005; and hydrostatic test water and storm water on an intermittent and flow variable basis via Outfall 006. The facility is located at 9393 Sheldon Road, at the intersection of Sheldon Road and U.S. Highway 90, approximately four miles north of the City of Channelview, Harris County, Texas.

YES COMPANIES, LLC has applied for a renewal of TPDES Permit No. WQ0012849001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility is located approximately 1 mile north of the intersection of Farm-to-Market Road 518 and Suburban Gardens Road and approximately 2.3 miles west-northwest of the City of Pearland in Brazoria 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-200804361

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2008

Proposal for Decision

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on August 5, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Pulak Barua dba Sunshine Food Mart; SOAH Docket No. 582-08-2780; TCEQ Docket No. 2007-1842-PST-E. The commission will consider the Administrative Law Judge(s Proposal for Decision and Order regarding the enforcement action against Pulak Barua dba Sunshine Food Mart on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Melissa Chao, Office of the Chief Clerk, (512) 239-3300.

TRD-200804363

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: August 13, 2008

General Land Office

Notice of Availability and Request for Comments on a Damage Assessment and Restoration Plan

AGENCIES: The Texas General Land Office (TGLO), Texas Parks and Wildlife Department (TPWD), and the Texas Commission on Environmental Quality (TCEQ) (collectively, the Trustees).

ACTION: Notice of availability of a proposed Damage Assessment and Restoration Plan for Natural Resource Damages related to the Port Arthur refinery ('Facility'), owned and operated by Motiva Enterprises LLC ('Motiva'), release of hazardous substances and of a 30-day period for public comment on the plan beginning the date of publication of this notice.

SUMMARY: Notice is hereby given of a Draft Damage Assessment and Restoration Plan (Draft DARP) that outlines the natural resource injuries resulting from releases of hazardous substances, comprised of polycyclic hydrocarbons and metals, from the Facility to Alligator Bayou and the Jefferson County Drainage Ditch 7 (DD-7) Lower Main Canal. The Draft DARP summarizes the injuries resulting from unauthorized discharge of hazardous substances into waters of the State of Texas and adjacent habitats as well as proposed restoration projects to compensate for those injuries. The proposed projects are wetlands restoration and the preservation of woodlands in perpetuity within the Neches or Sabine River systems.

The opportunity for public review and comment on the proposed Draft DARP announced in this notice is required under 43 Code of Federal Regulations (C.F.R.) §11.81(d) of the Natural Resource Damage Assessment regulations.

ADDRESSES: To receive a copy of this Draft DARP interested members of the public are invited to contact Keith Tischler at Texas General Land Office, Coastal Resources Division, Natural Resource Trustee Program, P.O. Box 12873, Austin, Texas 78711-2873, Phone: (512) 463-6287, e-mail: Keith.Tischler@glo.state.tx.us.

DATES: Comments must be submitted in writing within 30 days of the publication of this notice to Keith Tischler of the Texas General Land Office at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments received during the comment period prior to finalizing the Draft DARP.

SUPPLEMENTARY INFORMATION: The Motiva Facility is located at 2555 Savannah Avenue, at the intersection of Savannah Avenue and 25th Street, east of State Highway 73, in Port Arthur, Jefferson County, Texas. On February 16, 1995, the Texas Natural Resource Conservation Commission, a predecessor of TCEQ, approved an Agreed Order (Docket No. 94-0730-MLM-E) with Motiva's predecessor, Star Enterprise, relating to the release of hazardous substances at the site, providing for receiving water assessments and remediation activities for identified water bodies adjacent to the Facility, to assess whether or not the designated aquatic life use of the receiving waters is being met, to identify contaminants and their effect on the aquatic biological community, and to design work plans to generate scientific data to develop appropriate clean-up levels in Alligator Bayou and the Drainage District No. 7 canals.

Motiva elected to perform the remedial alternatives evaluation in a sequential mode by designated segments. The designations were assigned as follows; City Outfall Canal-Segment 1, Alligator Bayou-Segment 2, and the DD-7 Main Canal-Segments 3, 4, and 5. Analytical data indicate the presence of elevated concentrations of polycyclic aromatic hydrocarbons (PAHs) and metals, including chromium, copper, lead, and zinc (COCs), in sediments of Segment 2 and to a lesser extent in Segment 3, with potential adverse effects to any benthic macroinvertebrates and semi-aquatic wildlife exposed to these chemicals of concern. Motiva sought approval of a remedial alternative for Segment 2 that will (1) reroute the City Outfall Canal flow so that storm water from the City of Port Arthur flows directly to the DD7 Main Canal instead of through Segment 2; and (2) remediate Segment 2 by stabilizing the contaminated sediment/soils and placement of these sediments either in-situ or into a consolidation cell. The remediated portion of Segment 2 would subsequently serve to create additional stormwater retention capacity. Stabilization of contaminated sediments/soils will be performed using methods involving the mixing of a stabilization reagent (e.g, fly ash, bed ash, cement-kiln dust, portland cement) and occasionally other materials to produce a cured, stabilized product capable of supporting a cap providing physical fixation of the COCs in a solid matrix. The TCEQ concurred with Motiva's remediation concept for Segment 2 and issued a remediation directive dated November 29, 2006, authorizing implementation of the remediation concept for Segment 2. In a letter dated April 17, 2007, Motiva requested authorization to conduct an Ecological Services Analysis in cooperation with the Trustees for relevant portions of the Lower Main Canal (Segments 3 and 4).

The TGLO, TCEQ, TPWD, and the US Fish and Wildlife Service (USFWS) (representing the United States Department of the Interior), are designated as the natural resource trustees pursuant to Comprehensive Environmental Response Compensation and Liability Act ("CERCLA"), 42 U.S.C. §9601 et seq., the Federal Water Pollution Control Act ("FWPCA"), 33 U.S.C. §1251, et seq.; the Clean Water Act ("CWA"), 33 U.S.C. §1321, with responsibility to conduct natural resource damage assessments on behalf of the public when a release of hazardous substances affect natural resources and services.

The Trustees conducted an assessment of natural resource damages pursuant to 43 C.F.R. §11.60 et seq. for injuries to Alligator Bayou and DD-7 Main Channel resulting from Facility releases of hazardous substances, including PAHs, metals, and gross hydrocarbon contamination. The assessment was limited to the portion of Alligator Bayou beginning at Savannah Avenue and continuing downstream to the confluence with DD-7 Main Canal at State Highway (SH) 82 ('Segment 2') located within the Motiva Port Arthur Refinery facility; and the DD-7 Lower Main Canal beginning at the confluence of the DD-7 Main Canal with Alligator Bayou and continuing downstream to the DD-7 hurricane protection levee at Taylor Bayou ('Segment 3') located outside the facility where hazardous substances may have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the Facility.

The Natural Resource Trustees have determined that resources subject to their trust authority under these Acts were exposed to hazardous substances as a result of the release. The Trustees determined that hazardous substances (including PAHs and metals) were available in the sediments and injury to approximately 44.2 acres of benthic habitat had occurred. Additionally, the remediation concept for Alligator Bayou will result in injury to 45.8 acres of riparian habitat.

The Trustees and Motiva agreed to settle natural resource liability for injuries that resulted from the release. A proposed Settlement Agreement was reached and posted for public comment on November 9, 2007. No comments were received and the Settlement Agreement was executed on February 15, 2008. The settlement provides funds for the Trustees to construct wetlands habitat and preserve woodlands in perpetuity in the vicinity of the release, as well as pay all Trustees assessment costs. The Trustees propose using these funds to construct approximately 32 acres of salt marsh and to preserve in perpetuity approximately 422 acres of woodlands in the vicinity of the release. A wetland construction or enhancement project has not yet been identified. Once a suitable project has been identified an addendum to the Draft DARP containing project details will be published. To the extent possible, the Trustees will co-locate the wetland restoration project with other wetland initiatives in the region thus achieving the maximum productive area of contiguous habitat possible.

The Trustees have identified a preferred restoration alternative for the compensation of riparian losses and are seeking public comment on the proposed action. The Trustees propose to provide for the preservation in perpetuity of a 408 acre parcel of land adjacent to the Lower Neches River to offset riparian losses. Habitat protection would be established through the purchase of the property and transferring title to the U.S. Department of the Interior's (National Park Service) Big Thicket National Preserve. While this tract is slightly smaller that the original restoration target, it is comprised of higher quality habitat than the injured riparian habitat. The proposed preservation tract will provide comparable or greater ecological services to those injured and offer additional benefits as it is tied into a larger corridor of preserved habitat associated with the Big Thicket. In the event that excess settlement funds remain following the preservation of this property, the Trustees will apply the remaining funds to a comparable restoration project in the area.

The Draft DARP describes the information and methods used to define the natural resource injuries, scale restoration actions, and identify the preferred restoration actions needed to restore, replace or acquire the resources or services equivalent to those lost.

For further information contact: Keith Tischler at (512) 463-6287, fax: (512) 475-0680, e-mail: Keith.Tischler@glo.state.tx.us.

TRD-200804291

Larry L. Laine

Chief Clerk, Deputy Land Commissioner

General Land Office

Filed: August 12, 2008

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission (HHSC) intends to submit to the Centers for Medicare and Medicaid Services an amendment to the Community Living Assistance and Support Services (CLASS) waiver program. CLASS is a Medicaid home and community-based services waiver program established under the authority of Title XIX, §1915(c) of the Social Security Act. The proposed effective date for the amendment is April 1, 2008.

The CLASS program provides essential home and community-based services and supports to individuals living in their own or their families' homes who have severe chronic disabilities closely related to mental retardation.

Services include case management, adaptive aids and medical supplies, habilitation, minor home modifications, nursing services, occupational therapy, physical therapy, speech therapy, specialized therapies, behavioral support services, respite, and transition assistance.

This amendment sets the waiver cost limit for an individual in the CLASS program at 200 percent of the cost of serving similar individuals in an intermediate care facility for individuals with mental retardation.

HHSC is requesting that the waiver amendment be approved for the period beginning April 1, 2008, through August 31, 2009. This amendment maintains cost neutrality for waiver years 2008 through 2009.

To obtain copies of the proposed waiver amendment, interested parties may contact Betsy Johnson by mail at Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1199, fax (512) 491-1953, or by e-mail at betsy.johnson@hhsc.state.tx.us.

TRD-200804121

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: August 6, 2008

Department of State Health Services

Licensing Actions for Radioactive Materials

TRD-200804297

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 12, 2008

Licensing Actions for Radioactive Materials

TRD-200804298

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: August 12, 2008

Texas Department of Insurance

Third Party Administrator Applications

The following third party administrator application has been filed with the Texas Department of Insurance and is under consideration.

Application of ABILITY RESOURCES, INC. (using the assumed name MA ABILITY RESOURCES, INC.), a foreign third party administrator. The home office is WILMINGTON, DELAWARE.

Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.

TRD-200804369

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: August 13, 2008

Texas Department of Licensing and Regulation

Public Notice - Revised Enforcement Plan

The Texas Commission of Licensing and Regulation ("Commission") provides this public notice that at its meeting held July 27 and 28, 2008, the Commission adopted the Texas Department of Licensing and Regulation's ("Department") revised enforcement plan, which was established in compliance with Texas Occupations Code, §51.302(c).

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

During the 80th Legislative Session (2007), the Legislature created the "Texas Towing Act" by adding new Chapter 2308 to the Texas Occupations Code effective September 1, 2007. Under the Texas Towing Act, the Department has the authority to regulate towing companies and tow truck operators. During this same legislative session, the Legislature also transferred the authority to regulate Texas Occupations Code, Chapter 2303, Vehicle Storage Facilities, from the Texas Department of Transportation to the Department effective September 1, 2007. The Department's revised enforcement plan includes penalty matrices for Towing Companies, Tow Operators, Vehicle Storage Facilities, and Vehicle Storage Facility Employees consistent with the administrative rules that were adopted effective April 15, 2008.

A copy of the revised enforcement plan is posted on the Department's website and may be downloaded at www.license.state.tx.us. You may also contact the Department's Enforcement Division by telephone at (512) 463-2906 or by e-mail at enforcement@license.state.tx.us to obtain a copy of the revised plan.

TRD-200804365

William H. Kuntz, Jr.

Executive Director

Texas Department of Licensing and Regulation

Filed: August 13, 2008

Texas Lottery Commission

Instant Game Number 1107 "Poker Face"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1107 is "POKER FACE". The play style is "beat score with win all".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1107 shall be $1.00 per ticket.

1.2 Definitions in Instant Game No. 1107.

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

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

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

Figure 1: 16 TAC GAME NO. 1107- 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $1.00, $2.00, $4.00, $5.00, $10.00 or $20.00.

G. Mid-Tier Prize - A prize of $40.00 or $100.

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

I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1107), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 150 within each pack. The format will be: 1107-0000001-001.

K. Pack - A pack of "POKER FACE" Instant Game tickets contains 150 tickets, packed in plastic shrink-wrapping and fanfolded in pages of five (5). Tickets 001 to 005 will be on the top page; tickets 006 to 010 on the next page; etc.; and tickets 146 to 150 will be on the last page with backs exposed. Ticket 001 will be folded over so the front of ticket 001 and 010 will be exposed.

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

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "POKER FACE" Instant Game No. 1107 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "POKER FACE" Instant Game is determined once the latex on the ticket is scratched off to expose 11 (eleven) Play Symbols. If any PLAYERS' CARDS play symbols beats the DEALER'S CARD play symbol, the player wins the PRIZE shown for that card. If the player reveals a "BLUFF" card symbol, the player wins ALL 5 PRIZES instantly. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 11 (eleven) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 11 (eleven) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

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

16. Each of the 11 (eleven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 11 (eleven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. No duplicate non-winning PLAYER 1 - 5 play symbols on a ticket.

C. No ties between a PLAYER 1 - 5 play symbol and the DEALER'S CARD play symbol.

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

E. The "BLUFF" (win all) play symbol will only appear on winning tickets as dictated by the prize structure.

F. The "BLUFF" (win all) play symbol will only appear once on a ticket.

G. When the "BLUFF" (win all) play symbol appears, there will be no occurrence of any PLAYER 1-5 play symbols beating the DEALER'S CARD play symbol.

H. The top prize symbol will appear once on every ticket unless otherwise restricted.

I. Winning prize symbol(s) will never be the same as non-winning prize symbol(s).

2.3 Procedure for Claiming Prizes.

A. To claim a "POKER FACE" Instant Game prize of $1.00, $2.00, $4.00, $5.00, $10.00, $20.00, $40.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $40.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 10,080,000 tickets in the Instant Game No. 1107. The approximate number and value of prizes in the game are as follows:

Figure 2: 16 TAC GAME NO. 1107- 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1107 without advance notice, at which point no further tickets in that game may be sold.

6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1107, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC, Chapter 401, and all final decisions of the Executive Director.

TRD-200804359

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: August 13, 2008

Instant Game Number 1117 "Holiday Package"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1117 is "HOLIDAY PACKAGE". The play style is "coordinate with prize legend".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1117 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1117.

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

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

Figure 1: 16 TAC GAME NO. 1117 - 1.2D

E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There is a boxed four (4) digit Security Number placed randomly within the Serial Number. The remaining nine (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.

F. Low-Tier Prize - A prize of $3.00, $5.00, $10.00, $15.00 or $20.00.

G. Mid-Tier Prize - A prize of $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150 or $300.

H. High-Tier Prize - A prize of $3,000 or $35,000.

J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1117), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1117-0000001-001.

K. Pack - A pack of "HOLIDAY PACKAGE" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "HOLIDAY PACKAGE" Instant Game No. 1117 ticket.

2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule 401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "HOLIDAY PACKAGE" Instant Game is determined once the latex on the ticket is scratched off to expose 48 (forty-eight) Play Symbols. The player will scratch the "HOLIDAY GRID COORDINATES" play symbols. The player will then scratch only the boxes on the PACKAGE GRID whose letters and numbers match the "HOLIDAY GRID COORDINATES". If a player reveals 3 matching play symbols, the player wins the prize according to the prize legend. No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.

2.1 Instant Ticket Validation Requirements.

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

1. Exactly 48 (forty-eight) Play Symbols must appear under the latex overprint on the front portion of the ticket;

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

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

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

5. The ticket shall be intact;

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

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

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

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

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

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

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

13. The ticket must be complete and not miscut, and have exactly 48 (forty-eight) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;

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

16. Each of the 48 (forty-eight) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;

17. Each of the 48 (forty-eight) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

2.2 Programmed Game Parameters.

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

B. A ticket may win up to four (4) times per the prize structure.

C. No duplicate HOLIDAY GRID COORDINATE play symbols on a ticket.

D. No grid will be used consecutively.

E. No more than 3 matching grid symbols will match winning PACKAGE GRID symbols.

F. No HOLIDAY GRID COORDINATE play symbols will appear that will reveal 3 or more sleigh symbols on a ticket.

2.3 Procedure for Claiming Prizes.

A. To claim a "HOLIDAY PACKAGE" Instant Game prize of $3.00, $5.00, $10.00, $15.00, $20.00, $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150 or $300, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required, to pay a $30.00, $40.00, $50.00, $60.00, $75.00, $100, $150 or $300 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "HOLIDAY PACKAGE" Instant Game prize of $3,000 or $35,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.

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