Texas State Affordable Housing Corporation

Notice of Request for Qualifications

Notice is hereby given of a Request for Qualifications (RFQ) by Texas State Affordable Housing Corporation (TSAHC) to financial institutions that can provide trustee services for the Corporation's Multifamily Private Activity Bond Program (the "Program"). Financial institutions interested in providing trustee services must submit all of the materials listed in this Request for Qualifications (the "RFQ"), which can be found on the Corporation's website at www.tsahc.org.

The deadline for submissions in response to this RFQ is Friday, February 22, 2008. No proposal will be accepted after 4:00 p.m. on that date. Neither faxed nor emailed responses will be accepted. For questions or comments, please contact David Danenfelzer at (512) 477-3555 ext. 403 or by email at ddanenfelzer@tsahc.org.

TRD-200800292

David Long

President

Texas State Affordable Housing Corporation

Filed: January 23, 2008

House Bill 3430 Small Business Impact Proposed Guidelines

The 80th Legislature adopted House Bill (HB) 3430 which, among other things, requires that, as part of the rulemaking process, state agencies must prepare an Economic Impact Statement that assesses the potential impact of a proposed rule on small businesses and a Regulatory Flexibility Analysis that considers alternative methods of achieving the purpose of the rule if the proposed rule will have an adverse economic effect on small businesses. HB 3430 also required that the Attorney General, in consultation with the Comptroller, prepare these guidelines to assist agencies in determining a proposed rule's potential adverse economic effects on small businesses and in identifying and evaluating alternative methods.

The Office of the Attorney General prepared Interim Guidelines in September 2007 and distributed them to state agencies and other interested parties for review and comment. These Proposed Guidelines have been prepared based on the comments received. These Proposed Guidelines will be published in the Texas Register for additional public comment, and the Final Guidelines will be developed in response to any further comments received.

These Proposed Guidelines include the following appendixes: Text of §2006.002 as amended, a Sample Economic Impact Statement and Regulatory Flexibility Analysis, and a Sample Statement Regarding the Public Health, Safety, and Welfare.

I. REQUIREMENTS

The requirements for an Economic Impact Statement and Regulatory Flexibility Analysis are set forth under section 3 of HB 3430, which amends Texas Government Code §2006.002. Section 2006.002 as amended by HB 3430 is set out in an appendix to these guidelines.

HB 3430 requires that before adopting a rule that may have an adverse economic effect on small businesses a state agency shall prepare an Economic Impact Statement that estimates the number of small businesses subject to the proposed rule, projects the economic impact of the rule on small businesses, and describes alternative methods of achieving the purpose of the proposed rule. An agency's consideration of alternative methods must be set forth in a Regulatory Flexibility Analysis (§2006.002(c)). The Regulatory Flexibility Analysis must consider, if consistent with the health, safety, and environmental and economic welfare of the state, using regulatory methods that will accomplish the objectives while minimizing adverse impacts on small businesses. The state agency must include in the analysis several proposed methods of reducing the adverse impact of a proposed rule on a small business (§2006.002(c-1)). Each agency must assess for itself the quality and quantity of the data needed to prepare an Economic Impact Statement for a proposed rule.

The Economic Impact Statement and Regulatory Flexibility Analysis must be included in the notice of the proposed rule (§2006.002(d)). Copies of the notice of the proposed rule that is submitted to the Texas Register must also be provided to the Senate and House standing committees that are charged with reviewing the proposed rule (§2006.002(d)).

Section 2006.002, as amended by HB 3430, applies only to a rule that is adopted on or after January 1, 2008. A rule adopted before that date is governed by the law in effect when the rule was adopted, and the former law is continued in effect for that purpose. In accordance with the Administrative Procedure Act, Texas Government Code Ch. 2001, the use of the word "adopted" indicates that this requirement applies to the date that a rule is actually adopted by a state agency, not to the date when an adopted rule is filed with the Secretary of State. See Texas Government Code §2001.033 and §2001.036.

II. OUTLINE OF REQUIRED STEPS

Is an Economic Impact Statement required?

Would the proposed rule have:

1) an adverse economic effect;

2) on small businesses?

If the answer to both question is yes, then an Economic Impact Statement must be prepared that includes:

1) An estimation of the number of small businesses subject to the proposed rule;

2) A projection of the economic impact of the proposed rule on small businesses; and,

3) A Regulatory Flexibility Analysis, which reflects an agency's consideration of the alternative methods described in the EIS, must include:

a) Consideration of the use of regulatory methods that will achieve the purpose of the proposed rule while minimizing adverse impacts on small businesses, if consistent with the health, safety, and environmental and economic welfare of the state; and,

b) An analysis of several proposed methods of reducing the adverse impact of the proposed rule on small businesses.

Notice and Comment is required:

Include the Economic Impact Statement and the Regulatory Flexibility Analysis in the notice of the proposed rule in the Texas Register.

Provide copies to the standing committees of each house of the legislature that is charged with reviewing the proposed rule.

Respond to any comments on the Economic Impact Statement and Regulatory Flexibility Analysis as required in any adoption preamble.

III. WHAT IS A SMALL BUSINESS?

As provided under §2006.001(2), as amended by HB 3430, a small business is an entity that is:

1) for profit,

2) independently owned and operated, and

3) has fewer than 100 employees or less than $6 million in annual gross receipts.

Each of these three elements should be met in order for an entity to qualify as a small business under HB 3430. A business must be operated for profit. Consequently, rules that apply exclusively to non-profit and governmental entities need not comply with HB 3430.

Independently owned and operated businesses are self-controlling entities that are not subsidiaries of other entities or otherwise subject to control by other entities and entities that are not publicly traded. To qualify as a small business, an entity must have either fewer than 100 employees or less than $6 million in annual gross receipts. Practically, the standard of fewer than 100 employees will be the easiest to determine and implement. Data on an entity's annual gross receipts is generally not publicly available.

In some cases, individual persons licensed by an agency might be considered to be small businesses. Whether an individual licensee might be a small business will depend upon the nature of the regulated profession or trade and the governing statute. An agency should look to see if any of its licensees might practice as small businesses.

IV. ADVERSE ECONOMIC EFFECT

Section 2006.002(c) requires that "[b]efore adopting a rule that may have an adverse economic effect on small businesses, a state agency shall prepare" an Economic Impact Statement and Regulatory Flexibility Analysis. One of an agency's first inquiries should be whether a proposed rule may have an adverse economic effect on small businesses.¹

If a proposed rule will not have an adverse economic effect on small businesses, an agency should include a finding to that effect in the notice of the proposed rule. An agency is not required to prepare an Economic Impact Statement and Regulatory Flexibility Analysis if there is no adverse economic effect.² An agency should, however, provide a reasoned justification for why an Economic Impact Statement and Regulatory Flexibility Analysis is not required for a proposed rule.³

Adverse economic effects can include the costs to a small business for compliance with a proposed rule and may include a loss of business opportunities as the result of regulatory limits. What constitutes an adverse economic impact may depend upon the characteristics of a regulated industry and upon the effect of a proposed rule. However, an agency need only consider direct adverse economic effects. An agency need not consider indirect economic effects, such as impacts on small businesses that are not regulated entities. ⁴ Generally, there is no need to examine the indirect effect of a proposed rule on entities outside of an agency's regulatory jurisdiction. However, an agency should carefully evaluate a proposed rule where indirect effect may be of particular concern, such as the impact of a proposed rule on other regulated entities.

V. ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

Agencies should make a reasonable, good-faith effort to prepare an Economic Impact Statement and Regulatory Flexibility Analysis that will provide the public and the affected small businesses with information about the potential adverse effects of the proposed rule and about potentially less-burdensome alternatives. ⁵ Substantial compliance requires that the Economic Impact Statement provide interested persons with an opportunity to comment intelligently on the basis for an agency's projected economic impact of a proposed rule on small businesses. ⁶

An agency should individually analyze the impacts of each proposed rule or rule amendment. While an agency may be able to take advantage of the data and analysis compiled as part of an Economic Impact Statement for a prior rulemaking, the agency should confirm that the data is appropriate for each proposed rule.

A. Determining the Number of Small Businesses

To know whether a proposed rule affects a number of small businesses, an agency must first know how many regulated entities exist and which are small businesses. For some agencies that regulate only one industry or profession, this may require determining only how many of the businesses that the agency regulates meet the standards for small businesses. For some agencies, most of their regulated individuals and entities, if not nearly all, may qualify as small businesses.

The most readily determinable factor will be whether a business has less than 100 employees. If a business does, then it is clearly a small business and an economic impact statement and regulatory flexibility analysis should be prepared. With regard to businesses with more than 100 employees, but less than $6 million in annual gross receipts, further information may be obtained by consulting.

The Comptroller of Public Accounts has developed a Web site to assist agencies in determining a proposed rule's potential adverse economic effect on small businesses (https://fmx.cpa.state.tx./fmx/legis/ecoeffect/). Additional information on employers with fewer than 100 employees is available from the Texas Workforce Commission's TRACER Web site (www.tracer2.com). ⁷

An agency that regulates only one industry or profession may only need to conduct this analysis once to determine the number and/or percentage of small businesses that it regulates. That analysis can then be used in future rulemakings; however, the analysis should be reviewed and updated periodically to reflect changes in the number of regulated businesses or changes to the agency's jurisdiction.

Agencies that adopt rules affecting multiple industries will likely need to determine for each proposed rule the number of small businesses that may be affected. The first step in this analysis would be to identify the industry sectors to be regulated. In the past, many agencies used the Standard Industrial Classification (SIC) codes to categorize regulated businesses on an industry-by-industry basis. In 1999, the SIC system was replaced by the North American Industry Classification System (NAICS), which breaks down industry sectors in much greater detail.

For a grant program or other voluntary program, an agency can develop an estimate of the number of small businesses affected by anticipating the potential number of applicants and potential number of grant recipients. The number of applicants from past years of a program could be used as examples, or the number of applicants for similar programs can be used as the basis for an estimate. An agency should strive to provide some reasoned explanation for an estimate of the number of applicants and the methodology and quality of the data used to derive the estimate.

An agency does not need to provide an exact accounting of the number of small businesses that a proposed rule may affect. ⁸ The number of businesses may be reported as an approximation, such as "more than," or in a range such as: 1-100, 101-500, 501-1000, 1001-5000, 5001-10,000, or 10,000+.

In some instances, an agency may regulate businesses that are located outside of Texas. In such a case, an agency should look to see whether any of these businesses are small businesses that should be included in the number that the proposed rule might affect. However, an agency need only assess the general adverse effect of a proposed rule on small businesses doing business in Texas; it need not perform a detailed analysis of how a proposed rule might have a different effect, if any, on small businesses that are located outside of Texas.

B. Projecting the Economic Impact

Under §2006.002(c)(1), an agency is required to project the economic impact of a proposed rule on small businesses. Every rule is different. The level, scope, and complexity of analysis may vary significantly depending on the characteristics and composition of the industry or small-entity sectors to be regulated. The projection need only assess the potential adverse economic effects on small businesses.

Agencies are also required, under §2006.002(f), to reduce the adverse effect of rules on micro-businesses. Under §2006.001(1), a micro-business is defined as an entity with not more than 20 employees. Consequently, the number of micro-businesses in a regulated industry or profession is a subset of the number of small businesses. In some instances, however, a proposed rule may have a disparate effect on micro-businesses as compared to small businesses. An agency's projection of economic impact should include an analysis as to whether a proposed rule may have an adverse effect on micro-businesses distinct from any potential adverse effect on small businesses.

Examples of the costs associated with a proposed rule may include:

recordkeeping;

reporting;

required professional expertise, such as lawyer, accounting, or engineering;

capital costs for any required equipment;

costs for modifying any existing processes and procedures;

lost sales and profits resulting from the proposed rule;

changes in market competition as a result of the proposed rule and its effect on the balance between specific submarkets;

extra tax costs;

additional employees that may need to be hired; and

required fees.

C. Regulatory Flexibility Analysis

In preparing the Regulatory Flexibility Analysis, as required under §2006.002(c)(2), an agency must consider alternative methods of achieving the purpose of the proposed rule. As provided under §2006.002(c-1), the alternatives should:

be consistent with the health, safety, and environmental and economic welfare of the state;

accomplish the objectives of the rule; and

minimize adverse impacts on small businesses.

An agency must also include in the analysis several proposed methods of reducing the adverse impact of a proposed rule on a small business. The Regulatory Flexibility Analysis and Economic Impact Statement can be combined into a single report.

1. Exception for the Public Health, Safety, and Welfare

Under §2006.002(c-1), an agency must "consider, if consistent with the health, safety, and environmental and economic welfare of the state, using regulatory methods that will accomplish the objectives of applicable rules while minimizing adverse impacts on small business." An agency is not required to consider alternatives that, while possibly minimizing adverse impacts on small businesses would not be protective of the health, safety and environmental and economic welfare of the state. ⁹ One example clearly fits within this exception. Agencies may be required to adopt as rules specific fees or specific standards and procedures under a legislative or federal mandate. In such a situation, the mandated language may be considered per se consistent with the health, safety, or environmental and economic welfare of the state and the agency need not consider other regulatory methods. Other situations may not be as clear, and each agency should exercise professional discretion and expertise in making this determination.

2. Alternatives Analysis

The kinds of alternatives that are possible will vary based on the particular regulatory objective and the characteristics of the regulated industry. Examples of alternatives that an agency may identify and evaluate include:

Establishment of different compliance or reporting requirements for small entities or timetables that take into account the resources available to small entities.

Clarification, consolidation, or simplification of compliance and reporting requirements for small entities.

Use of performance rather than design standards.

Implementation of different requirements or standards for micro-businesses.

Exemption for certain or all small entities from coverage of the rule, in whole or in part.

Adopting different standards for the size of businesses.

Modifying the types of equipment that are required for large and small entities.

The effect of not adopting the proposed regulation, a "no action" alternative.

An agency must include in the analysis several methods of reducing the adverse impact of a proposed rule on a small business. A common meaning of "several" is "more than two but fewer than many," with "many" meaning "a large number of persons or things."

VI. REVIEW AND COMMENT ON THE ECONOMIC IMPACT STATEMENT AND REGULATORY FLEXIBILITY ANALYSIS

Under §2006.002(d), an agency must "include the economic impact statement and regulatory flexibility analysis as part of the notice of the proposed rule that the agency files with the secretary of state for publication in the Texas Register." Thus, the Economic Impact Statement and Regulatory Flexibility Analysis should be included in the preamble for a proposed rule along with other required findings such as the fiscal note and note on public benefits and costs required under the Administrative Procedure Act (APA), Government Code §2001.024(a)(4)&(5).¹⁰

Under §2006.002(d), an agency must also provide copies of the proposed rule and preamble to the standing committee of each house of the Legislature that is charged with reviewing the proposed rule. Typically, these will be the legislative committees that have primary jurisdiction over the agency or over the area of law or the subject matter under which the rule is adopted.

While the Economic Impact Statement and Regulatory Flexibility Analysis are not required to be included in the preamble for the rule adoption, an agency should respond to any comments received regarding the Economic Impact Statement and Regulatory Flexibility Analysis as required under the APA, §2001.029.

VII. QUESTIONS

For further information or a response to any questions that you may have regarding these guidelines, please contact:

Barbara B. Deane

Chief, Administrative Law Division

OFFICE OF THE ATTORNEY GENERAL

(512) 936-1836

(512) 474-1062 (fax)

barbara.deane@oag.state.tx.us

Jeb Boyt

Assistant Attorney General

OFFICE OF THE ATTORNEY GENERAL

(512) 475-4200

(512) 474-1062 (fax)

jeb.boyt@oag.state.tx.us

Don Hoyte, Ph.D.

Manager, Regional Fiscal Analysis

TEXAS COMPTROLLER OF PUBLIC ACCOUNTS

(512) 475-0446

(512) 475-0363 (fax)

don.hoyte@cpa.state.tx.us

Mark Hughes

Director, Labor Market and Career Information

TEXAS WORKFORCE COMMISSION

(512) 490-4800

mark.hughes@twc.state.tx.us

Footnotes

¹ Courts have not interpreted the meaning of "adverse effect" under §2006.002. See Unified Loans, Inc. v. Pettijohn, 955 S.W.2d 649 (Tex. App.--Austin 1997, no pet.). WEBSTER'S DICTIONARY defines "adverse" as "1 : acting against or in a contrary direction : Hostile <hindered by ~ winds> 2 : opposed to one's interests : Unfavorable <an ~ verdict>." 59 (9th New Collegiate ed. 1990).

² Texas Shrimp Ass'n v. Texas Parks & Wildlife Dep't, 2005 WL 1787453, at *6 (Tex. App.-Austin 2005, no pet.) (not designated for publication) ("The requirements in section 2006.002 are not absolute, but rather are conditioned on the adoption of 'a rule that would have an adverse economic effect on small businesses'," quoting the text of §2006.002(c) as it existed at the time).

³ An objective of statutes such as §2006.002 "is to afford adequate notice--to place the agency's assessment before interested persons in advance in order that (1) interested persons might comment intelligently on the proposed rules and (2) the agency might exercise intelligently its responsibilities in arriving at the contents of the rule as finally adopted, in stating reasons for and against adoption, and in formulating the required contents of the adopting order, including a 'reasoned justification' for the rule." Unified Loans, 955 S.W.2d at 652.

⁴ Courts have held that the federal Regulatory Flexibility Act, 5 U.S.C. §§601-612, applies only to direct economic impacts. See Mid-Tex. Elec. Coop v. FERC, 773 F.2d 327 (D.C. Cir. 1985) (Regulations for generating utilities did not need to consider potential adverse effect on transmission utilities); American Trucking Ass'ns v. EPA, 175 F.3d 1027 (D.C. Cir. 1999) (EPA's national ambient air quality standards did not have a direct impact on small entities which were regulated directly through state implementation plans), aff'd in part and rev'd in part on other grounds, Whitman v. American Trucking Ass'ns, 531 I/S/ 457 (2001); United Distribution Cos. v. FERC, 88 F.3d 1105, 1170 (D.C. Cir. 1996) (Regulatory flexibility analysis provision applies only to small entities that are subject to the requirements of the rule and the agency had no obligation to analyze the effects on entities which it did not regulate).

⁵ See Southern Offshore Fishing Assoc. v. Daley, 995. F.Supp. 1411, 1437 (M.S. Fla. 1998) (interpreting the federal requirement to examine impacts on small entities). One court required that a federal agency consider comments not submitted during the formal notice and comment period because the agency's proposed rule did not properly inform the regulated industry that its interests were at stake. Northwest Mining Assoc. v. Babbitt, 5 F.Supp.2d 9 (D.D.C. 1998).

⁶ See Unified Loans, 955 S.W.2d at 652-654.

⁷ Additional labor market and other information may be found at www.twc.state.tx.us/customers/rpm/rpmsub3.html.

⁸ See U.S. SMALL BUSINESS ADMINISTRATION, OFFICE OF ADVOCACY, STATE GUIDE TO REGULATORY FLEXIBILITY FOR SMALL BUSINESSES (March 2007) (Examining the regulatory flexibility programs of Rhode Island, South Dakota, and other states).

⁹ Protection of the public health, safety, and welfare is part of the inherent power of a sovereign state. See BLACK'S LAW DICTIONARY 1178 (7th ed. 1999).

¹⁰ The previous text of §2006.002 constituted "any other statement required by law" which must be included in the notice of a proposed rule as described under §2001.024(a)(8) of the APA. Unified Loans, 955 S.W.2d at 651.

Appendix

§2006.002. Adoption of Rules with Adverse Economic Effect

(a) A state agency considering adoption of a rule that would have an adverse economic effect on small businesses or micro-businesses shall reduce that effect if doing so is legal and feasible considering the purpose of the statute under which the rule is to be adopted.

(b) To reduce an adverse effect on small businesses, an agency may:

(1) establish separate compliance or reporting requirements for small businesses;

(2) use performance standards in place of design standards for small businesses; or

(3) exempt small businesses from all or part of the rule.

(c) Before adopting a rule that may have an adverse economic effect on small businesses, a state agency shall prepare:

(1) an economic impact statement that estimates the number of small businesses subject to the proposed rule, projects the economic impact of the rule on small businesses, and describes alternative methods of achieving the purpose of the proposed rule; and

(2) a regulatory flexibility analysis that includes the agency's consideration of alternative methods of achieving the purpose of the proposed rule.

(c-1) The analysis under Subsection (c) shall consider, if consistent with the health, safety, and environmental and economic welfare of the state, using regulatory methods that will accomplish the objectives of applicable rules while minimizing adverse impacts on small businesses. The state agency must include in the analysis several proposed methods of reducing the adverse impact of a proposed rule on a small business.

(d) The agency shall include the economic impact statement and regulatory flexibility analysis as part of the notice of the proposed rule that the agency files with the secretary of state for publication in the Texas Register and shall provide copies to the standing committee of each house of the legislature that is charged with reviewing the proposed rule.

(e) This section does not apply to a rule adopted under Title 2, Tax Code.

(f) To reduce an adverse effect of rules on micro-businesses, a state agency shall adopt provisions concerning micro-businesses that are uniform with those outlined in Subsections (b)-(d) for small businesses.

(g) The attorney general, in consultation with the comptroller, shall prepare guidelines to assist a state agency:

(1) in determining a proposed rule's potential adverse economic effects on small businesses; and

(2) in identifying and evaluating alternative methods of achieving the purpose of the proposed rule.

Example Economic Impact Statement and Regulatory Flexibility Analysis

The Board has approximately 5,000 doctor of chiropractic licensees and 3,000 registered facilities, and nearly all of these entities are small businesses and many of them are micro-businesses. The projected economic impact of this rule amendment on these small businesses will be neutral to positive for licensees and clinics in that licensees will be able to more effectively use their practice time by delegating approved tasks to qualified assistants when appropriate. In preparing this proposed rule, the Board considered several alternative methods for achieving the purposes of this rule amendment. The Board considered requiring, under proposed subsection (j), that each person performing treatments sign the patient records, but this was rejected as excessively burdensome recordkeeping. The Board considered not modifying the standards for "qualified and properly trained" in proposed subsection (d), but the Board decided that the public welfare would benefit from clearer standards. The Board considered adopting more specific standards regarding the required education, training, and skills of personnel, but the Board decided instead that it would be easier for licensees to implement the general standards included in the proposed rule under subsection (d).

Sample Statement Regarding the Public Health, Safety, and Welfare

The Agency estimates that there are approximately 7,500 widget manufacturers in Texas and that approximately nine out of ten of these manufacturers are small businesses and that three out of ten are micro-businesses. The Agency estimates that the projected economic impact of this proposed rule will be increased costs of compliance for safety training and reporting. Under §2006(c-1), an agency is required to consider alternative regulatory methods only if the alternative methods would be consistent with the health, safety, and environmental and economic welfare of the state. The Agency has developed this proposed rule in accordance with a legislative mandate and in compliance with the requirements of the regulations of the U.S. Environmental Protection Agency. Consequently, any variance from the federal standards would not be consistent with the health, safety, and environmental and economic welfare of the state, and no alternative regulatory methods have been considered.

TRD-200800279

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: January 18, 2008

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following project(s) during the period of January 11, 2008, through January 17, 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 January 23, 2008. The public comment period for this project will close at 5:00 p.m. on February 22, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: Port of Harlingen Authority; Location: The project is located 4 miles east of Highway 77 on FM 106, along the Arroyo Colorado, in Harlingen, Cameron County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: RIO HONDO, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 864,377; Northing: 2,889,163. Project Description: The applicant proposes to construct a 30-foot by 50-foot dock (backfill and approximately 12-inch thick pad) put in place with about 120 linear feet of steel sheet piling wall and one concrete pile cluster deadman. A caliche road (13 feet wide, approximately 180 feet long) shall be cut into the existing river bank to allow access to the dock with a section of roadway needing backfill and about 30 linear feet of steel sheet piling wall. The dock is to be used to load and unload sand and other materials from barges. Estimated fill in waters of the United States is 817 cubic yards of caliche under the dock and behind the sheet piling. CCC Project No.: 08-0050-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1218 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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 application listed above may be obtained from 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-200800284

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: January 23, 2008

Notice of No Contract Award

The Texas Comptroller of Public Accounts (Comptroller) announces this notice of no contract award and the withdrawal of the Request for Proposals in connection with the Request for Proposals (RFP #182a) for consulting services to conduct an Appraisal Standards Review of the Harris County Appraisal District.

The notice of issuance of the RFP was published in the Texas Register on October 26, 2007 (32 TexReg 7739).

TRD-200800288

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 23, 2008

Pursuant to Chapters 403 and 2254, Subchapter A, Texas Government Code, and Chapter 2305, §2305.033, Texas Government Code, the Comptroller of Public Accounts (Comptroller), State Energy Conservation Office (SECO), announces the issuance of its Request for Proposals (RFP #182b) for professional energy engineering services from qualified independent firms, energy service companies, and institutions of higher education that specialize in providing on-site Preliminary Energy Assessment (PEAs), reports, and customized energy engineering assistance to the agriculture and farming industry for the Agriculture Energy Program (Program). Comptroller reserves the right to award one or more contracts under this RFP. The successful respondent(s), if any, will be expected to begin performance of the contract(s), if any, on or about March 1, 2008, or as soon thereafter as practical.

Contact: Parties interested in submitting a proposal should contact William Clay Harris, Assistant General Counsel, Contracts, Comptroller of Public Accounts, 111 E. 17th St., ROOM G-24, Austin, Texas 78774 (Issuing Office), telephone number: (512) 305-8673, to obtain a copy of the RFP. The Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP will be available for pick-up at the above-referenced address on or after Friday, February 1, 2008, after 10:00 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller will also make the complete RFP available electronically on the Electronic State Business Daily (ESBD) after 10:00 a.m. (CZT), Friday, February 1, 2008.

All written inquiries, questions, and Non-Mandatory Letters of Intent to propose must be received in the Issuing Office prior to 2 p.m. (CZT) on Friday, February 15, 2008. Prospective respondents are encouraged to fax Letters of Intent and Questions to (512) 475-0973 to ensure timely receipt. The responses to questions and other information pertaining to this procurement will be posted on February 19, 2008, or as soon thereafter as practical, on the ESBD at: http://esbd.cpa.state.tx.us. Questions and inquiries received after the deadline will not be considered; respondents are solely responsible for verifying timely receipt in the Issuing Office of Non-Mandatory Letters of Intent and Questions.

Closing Date: Proposals must be received in the Issuing Office at the location specified above no later than 2 p.m. (CZT), on Monday, February 25, 2008. Proposals received in the Issuing Office after this time and date will not be considered; respondents are solely responsible for verifying timely receipt of Proposals in the Issuing Office.

Evaluation and Award Procedure: All proposals will be subject to evaluation by a committee based on the evaluation criteria and procedures set forth in the RFP. Comptroller will make the final decision. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute a contract on the basis of this notice or the distribution of any RFP. Comptroller shall pay for no costs incurred by any entity in responding to this notice or the RFP.

The anticipated schedule of events is as follows: Issuance of RFP - February 1, 2008; Non-Mandatory Letters of Intent and Questions Due - February 15, 2008, 2 p.m. CZT; Official Questions and Responses posted - February 19, 2008 (or as soon thereafter as practical); Proposals Due - February 25, 2008, 2 p.m. CZT; Contract Execution - March 1, 2008, or as soon thereafter as practical; Commencement of Project Activities - March 1, 2008, or as soon thereafter as practical.

TRD-200800289

Pamela Smith

Deputy General Counsel for Contracts

Comptroller of Public Accounts

Filed: January 23, 2008

Notice of Rate Ceilings

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

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/28/08 - 02/03/08 is 18% for Consumer¹ /Agricultural/Commercial ² credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 01/28/08 - 02/03/08 is 18% for Commercial over $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 02/01/08 - 02/29/08 is 7.25% for Consumer/Agricultural/Commercial credit through $250,000.

The judgment ceiling as prescribed by §304.003 for the period of 02/01/08 - 02/29/08 is 7.25% for Commercial over $250,000.

¹ Credit for personal, family, or household use.

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

TRD-200800294

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: January 23, 2008

Request for Applications Concerning the 2007-2009 Rural Technology Grant

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-106 from school districts that (a) have an enrollment of fewer than 5,000 students; (b) are not located in an area defined by the United States Office of Management and Budget as a standard metropolitan statistical area as of January 1, 2007; and (c) responded to the mandatory Notice of Intent on or before November 1, 2007.

Description. The purpose of this grant program is to establish pilot programs to provide technology-based supplemental instruction, including online courses, to students in rural school districts to improve the overall success of the students and address their individual academic needs. The Rural Technology Grant pilot program is designed to improve student performance for students not currently meeting standards in English, language arts, social studies, mathematics, science, or languages other than English and to supplement the education of students needing more opportunities than currently provided by the district.

Districts selected for the pilot program are entitled to receive state grant funds in an amount not to exceed $200 per school year for each student in Grades 6-12 participating in the program. As a condition of receiving a state grant, a district must contribute additional funding of at least $100 per school year for each student in Grades 6-12 participating in the program for activities provided at the campus through the program. A campus participating in the program must provide students with individual access to technology-based supplemental instruction for at least 10 hours each week.

Dates of Project. The Rural Technology Grant pilot program will be implemented during the 2007-2008 and 2008-2009 school years. Applicants should plan for a starting date of no earlier than May 1, 2008, and an ending date of no later than August 31, 2009.

Project Amount. A total of $4 million is available for this grant program. Project funding in the subsequent grant period will be based on satisfactory progress of the first-year objectives and activities and on budget approval by the commissioner of education and the state legislature.

Selection Criteria. Applications will be selected based on the following priorities: (1) diverse geographical representation across the state; (2) greatest need overall as indicated by a district's rating under the 2007 state accountability rating system; (3) readiness to implement and support the program as reflected in the Texas Campus STaR Chart; and (4) number of students participating in the program in relation to total student enrollment. Priority will be given to districts that demonstrate that a large percentage of their Grades 6-12 student population needs supplemental instruction in one or more content areas. Applications must show evidence of technical readiness to implement and support this grant program and must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications that address all requirements in the RFA and that are most advantageous to the pilot project evaluation.

The TEA is not obligated to approve an application, provide funds, or endorse any application submitted in response to this RFA. This RFA does not commit TEA to pay any costs before an application is approved. The issuance of this RFA does not obligate TEA to award a grant or pay any costs incurred in preparing a response.

Requesting the Application. A complete copy of RFA #701-08-106 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Rebecca Schroeder, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, March 13, 2008, to be eligible to be considered for funding.

TRD-200800291

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: January 23, 2008

Request for Proposals

Pursuant to Government Code §2254.029, the Commission on State Emergency Communications (Commission) announces its intent to invite consultants with documented expertise and experience in the field of Next Generation 9-1-1 planning to submit offers for a consulting services contract.

The Commission's objective is to contract for consulting services to assist the Commission in planning for the phased in deployment of a Next Generation 9-1-1 system.

The Commission proposes to obtain the consulting services described above, with services commencing on or after February 29, 2008. This announcement is intended to provide potential proposers with notice of the Commission's interest in obtaining such assistance.

The Commission has notified the Legislative Budget Board of the Commission's intent to engage a consultant and requested from the Governor's Office of Budget, Planning and Policy a finding of fact that the requested consulting services are necessary. The Commission's award of a contract is contingent upon its receipt of such a finding.

The award for consulting services will be made by the Commission basing its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and if other considerations are equal, the Commission will give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.

The individual to be contacted regarding this Request for Proposal (RFP) is:

Brian Millington

Commission on State Emergency Communications

William Hobby Building

333 Guadalupe, Suite 2-212

Austin, Texas 78701

E-mail inquiries should be sent to csecinfo@csec.state.tx.us; include in the subject line: "CSEC RFP Next Generation 9-1-1."

Consultants interested in being considered for the consulting services contract must submit a completed proposal in response to the RFP package (The RFP package can be downloaded at http://www.911.state.tx.us/browse.php/ng911system) by the submission deadline.

The deadline for proposals is February 15, 2008. All submissions must be received by the Commission by 5:00 p.m., Central Standard Time on the due date.

TRD-200800306

Patrick Tyler

General Counsel

Commission on State Emergency Communications

Filed: January 23, 2008

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 March 10, 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 March 10, 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: Amigo's Fuel Center, L.P.; DOCKET NUMBER: 2007-1533-MLM-E; IDENTIFIER: RN105187181; LOCATION: Moore, Frio County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §111.201 and Texas Health and Safety Code (THSC), §382.085(b), by failing to comply with the general prohibition on outdoor burning; and 30 TAC §330.15(c), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $3,750; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Marina Bello dba Bello's Korner Store; DOCKET NUMBER: 2007-1571-PST-E; IDENTIFIER: RN101912053; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the underground storage tank (UST) system; 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection; 30 TAC §334.8(c)(5)(B)(ii), by failing to timely renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate; PENALTY: $5,000; Supplemental Environmental Project (SEP) offset amount of $2,000 applied to Audubon Society-Mitchell Lake Project; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(3) COMPANY: Belvan Corporation; DOCKET NUMBER: 2007-1548-AIR-E; IDENTIFIER: RN100214022; LOCATION: Crockett County, Texas; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §101.10(e) and THSC, §382.085(b), by failing to submit a 2006 annual emissions inventory update; PENALTY: $1,200; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(4) COMPANY: Blackland Water Supply Corporation; DOCKET NUMBER: 2007-1382-PWS-E; IDENTIFIER: RN101253805; LOCATION: Royse City, Rockwall County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(3), by failing to provide an adequate purchase water contract; 30 TAC §290.42(l), by failing to provide a thorough and up-to-date plant operations manual; 30 TAC §290.44(h)(1)(B)(ii), by failing to maintain copies of backflow prevention assembly tests; 30 TAC §290.43(e), by failing to maintain the intruder-resistant fence; and 30 TAC §290.109(c) and THSC, §341.033(d), by failing to collect and submit at least one monthly water sample for bacteriological analysis; PENALTY: $3,142; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Creek Park Corporation; DOCKET NUMBER: 2007-1684-MWD-E; IDENTIFIER: RN102095106; LOCATION: Joshua, Johnson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0014556001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for five-day biochemical oxygen demand (BOD₅ ) and total suspended solids (TSS); and 30 TAC §305.125(17) and TPDES Permit Number WQ0014556001, Sludge Provisions, by failing to submit monitoring results at the intervals specified in the permit; PENALTY: $2,200; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(6) COMPANY: Double B Foods, Inc.; DOCKET NUMBER: 2007-1526-AIR-E; IDENTIFIER: RN103857504; LOCATION: Meridian, Bosque County, Texas; TYPE OF FACILITY: food manufacturing plant; RULE VIOLATED: 30 TAC §101.4 and §106.373(3)(B) and THSC, §382.085(a) and (b), by failing to ensure the plant's refrigeration system was maintained in good working order and by failing to prevent a nuisance odor; PENALTY: $16,050; Supplemental Environmental Project (SEP) offset amount of $8,025 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Unauthorized Trash Dump Clean-Up; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(7) COMPANY: Eastman Chemical Company; DOCKET NUMBER: 2007-0830-AIR-E; IDENTIFIER: RN100219815; LOCATION: Longview, Harrison County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), Federal Operating Permit (FOP) Number O-01436, Special Terms and Conditions (STC) 10A, Air Permit Number 21832, Special Condition (SC) 1, and THSC, §382.085(b), by failing to maintain an emission rate below the hourly allowable emission limit; 30 TAC §116.115(c) and §122.143(4), FOP Number O-01436, STC 10A, Air Permit Number 1105, SC 14B, and THSC, §382.085(b), by failing to depressurize a railcar to the flare; 30 TAC §§113.100(1), 113.110, 113.120, 116.115(c), and 122.143(4), 40 Code of Federal Regulations (CFR) §60.102(a) and §63.126(b)(2), Air Permit 1105, SC 14.B., FOP Number O-01436, STC 10A, and THSC, §382.085(b), by failing to depressurize a railcar to the flare; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 8522, SC 1, FOP Number O-01969, General Conditions (GC), and THSC, §382.085(b), by failing to prevent unauthorized emissions while unloading solvent (mineral spirits) from the truck; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), FOP Number O-01969, STC 4, Air Permit Number 8522, SC 5, and THSC, §382.085(b), by failing to meet the maximum allowable emission rate while venting the polymerization reactor to the polyethylene Number 2 plant flare; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 19959, SC 1, FOP Number O-01967, GC 1A, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 18528, SC 1, FOP Number O-01968, GC, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c) and §122.143(4), FOP Number O-01974, STC 6, Air Permit Numbers 49363 and 1329, SC 1, and THSC, §382.085(b), by failing to maintain an emission rate below the hourly allowable emission limit; PENALTY: $102,125; Supplemental Environmental Project (SEP) offset amount of $40,850 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(8) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-1230-AIR-E; IDENTIFIER: RN100542281; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 2128, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §115.722(c)(1) and §116.115(c), Air Permit Number 2933, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; Supplemental Environmental Project (SEP) offset amount of $10,000 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red Project; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(9) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-1315-AIR-E; IDENTIFIER: RN100210574; LOCATION: Alvin, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Numbers 4634 and 4634B, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §116.115(c), Air Permit Number 19558, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $126,400; Supplemental Environmental Project (SEP) offset amount of $63,200 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(10) COMPANY: Fort Bend Regional Landfill, LP; DOCKET NUMBER: 2007-1394-MSW-E; IDENTIFIER: RN102803913; LOCATION: Fort Bend County, Texas; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §330.121(a) and Permit Number 2270 Site Development Plan, Section 1.4 - Mitigation Plan, by failing to comply with the approved site development plan in Permit Number 2270; and 30 TAC §330.331(a)(2), by failing to maintain less than a 30 centimeter depth of leachate over the landfill liner; PENALTY: $15,500; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(11) COMPANY: GB Biosciences Corporation; DOCKET NUMBER: 2007-1449-AIR-E; IDENTIFIER: RN100238492; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: fungicide manufacturing plant; RULE VIOLATED: 30 TAC §101.201(a)(1)(B) and §122.143(4), FOP Number O-02264, SC Number 2F, and THSC, §382.085(b), by failing to notify the commission of a reportable emission event; 30 TAC §116.115(c), New Source Review (NSR) Permit Number 234B, SC Number 1, and THSC, §382.085(b), by failing to comply with the permitted emission limits; and 30 TAC §116.110(a) and THSC, §382.085(b) and §382.0518(a), by emitting unauthorized emissions of R-22; PENALTY: $23,875; Supplemental Environmental Project (SEP) offset amount of $9,550 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(12) COMPANY: City of Hale Center; DOCKET NUMBER: 2007-1402-PWS-E; IDENTIFIER: RN101383982; LOCATION: Hale Center, Hale County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(3)(K), by failing to provide well casing vents with openings that are covered with a 16-mesh or finer corrosion resistant screen; 30 TAC §290.42(e)(4)(B), by failing to house gas chlorination equipment and cylinders in a separate building or room with impervious walls or partitions separating all mechanical and electrical equipment from the chlorine facilities; 30 TAC §290.43(c)(2), by failing to keep all storage tank roof hatches locked except during inspection and maintenance activities; 30 TAC §290.43(c)(4), by failing to provide a liquid level indicator on the elevated storage tank; 30 TAC §290.46(f)(2), by failing to provide water system records to commission personnel at the time of the investigation, including customer service inspection reports; 30 TAC §290.46(m), by failing to initiate a maintenance program to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.110(c)(5)(B), by failing to monitor the disinfectant residual at representative locations in the distribution system; and 30 TAC §290.121(a), by failing to maintain a complete and up-to-date chemical and microbiological monitoring plan; PENALTY: $2,599; Supplemental Environmental Project (SEP) offset amount of $2,080 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.

(13) COMPANY: City of Hamilton; DOCKET NUMBER: 2007-1540-PWS-E; IDENTIFIER: RN101383586; LOCATION: Hamilton County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.44(h)(4), by failing to test backflow prevention assemblies; 30 TAC §290.42(l), by failing to maintain an up-to-date facility operations manual; 30 TAC §290.46(m)(4), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines, and related appurtenances in a watertight condition; 30 TAC §290.46(m), by failing to initiate maintenance housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment; 30 TAC §290.43(c)(8) and (c)(3), by failing to maintain the facility's storage tanks in strict accordance with current American Water Works Association standards; and 30 TAC §290.45(f)(4), by failing to provide a purchase water contract that authorized a maximum daily purchase rate, or a uniform purchase rate to meet a minimum production capacity of 0.6 gallons per minute (gpm) per connection; PENALTY: $4,687; Supplemental Environmental Project (SEP) offset amount of $3,750 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Household Hazardous Waste Clean-Up; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 490-3096; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(14) COMPANY: W. O. Jordan; DOCKET NUMBER: 2007-2007-WQ-E; IDENTIFIER: RN105115075; LOCATION: Tyler County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Lakeshore Utility Company; DOCKET NUMBER: 2007-1579-MWD-E; IDENTIFIER: RN102671153; LOCATION: Henderson County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the disposal of wastewater; and 30 TAC §305.125(1), TCEQ Permit Number 11502001, Effluent Limitations, Section IV.A., and the Code, §26.121(a), by failing to comply with the 30-day average limit of 20 milligrams per liter (mg/L) for the BOD₅ ; PENALTY: $12,240; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(16) COMPANY: Lyondell Chemical Company; DOCKET NUMBER: 2007-1546-AIR-E; IDENTIFIER: RN100633650; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 19613, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $4,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Manshack & Sons, Inc.; DOCKET NUMBER: 2007-0656-MSW-E; IDENTIFIER: RN102903317; LOCATION: Orange, Orange County, Texas; TYPE OF FACILITY: unauthorized recycling; RULE VIOLATED: 30 TAC §328.4(a) and §328.5(a), by failing to obtain authorization to operate a recycling facility; PENALTY: $2,540; ENFORCEMENT COORDINATOR: Dana Shuler, (512) 239-2505; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(18) COMPANY: ONEOK Hydrocarbon Southwest, LLC; DOCKET NUMBER: 2007-1490-AIR-E; IDENTIFIER: RN100209949; LOCATION: Chambers County, Texas; TYPE OF FACILITY: plant that separates a demethanized gas into separate products; RULE VIOLATED: 30 TAC §101.201(b), by failing to report an emission event timely; and 30 TAC §116.115(c), Permit Number 3956B, Maximum Allowable Emission Sources - SC 1, and THSC, §382.085(b), by failing to prevent the release of unauthorized air contaminants emitted into the atmosphere; PENALTY: $2,808; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Palo Duro Service Company, Inc.; DOCKET NUMBER: 2007-1507-PWS-E; IDENTIFIER: RN102324217; LOCATION: Benbrook, Wise County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.105(b) and THSC, §341.0315(c), by failing to comply with the maximum contaminant level for chloride and total dissolved solids; 30 TAC §290.46(d)(2)(A), by failing to maintain a free chlorine residual of at least 0.2 mg/L; and 30 TAC §290.41(c)(3)(O), by failing to provide an intruder-resistant fence; PENALTY: $962; ENFORCEMENT COORDINATOR: Christopher Keffer, (512) 239-5610; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: Pelican Refining Company, LLC; DOCKET NUMBER: 2007-1487-AIR-E; IDENTIFIER: RN100210483; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: asphalt manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(A), FOP Number O-01286, General Terms and Conditions, and THSC, §382.085(b), by failing to timely submit the annual permit compliance certification and its associated deviation reports; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to report or record all emission events; and 30 TAC §115.122(a)(1)(A) and §116.115(c), NSR Permit Number 19742, SC 23, and THSC, §382.085(b), by failing to keep records of the continuously monitored incinerator firebox exit temperature; PENALTY: $9,120; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(21) COMPANY: R. A. Bagwell Oil Company, Inc.; DOCKET NUMBER: 2007-1555-IWD-E; IDENTIFIER: RN105006472; LOCATION: Rowena, Runnels County, Texas; TYPE OF FACILITY: petroleum contaminated remediation site with wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES General Permit Number TXG830245, Part III, Section A, Effluent Limitations, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for total lead, polynuclear aromatic hydrocarbons, total benzene, ethylbenzene, toluene, xylene, and benzene; and 30 TAC §305.125(1) and TPDES General Permit Number TXG830245, Part IV, Standard Monitoring and Reporting Requirement Number 7(a), by failing to sample for polynuclear aromatic hydrocarbons; PENALTY: $9,850; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(22) COMPANY: Rayburn Country Municipal Utility District; DOCKET NUMBER: 2007-1519-MWD-E; IDENTIFIER: RN102328564; LOCATION: Jasper County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010788001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010788001, Sludge Provisions, by failing to timely submit the annual sludge report; PENALTY: $4,410; Supplemental Environmental Project (SEP) offset amount of $3,528 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (408) 898-3838.

(23) COMPANY: Restaurant Service, L.L.C.; DOCKET NUMBER: 2007-1614-MWD-E; IDENTIFIER: RN102184033; LOCATION: Jersey Village, Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.65 and §305.125(2) and the Code, §26.121(a), by failing to maintain authorization for the discharge of wastewater; PENALTY: $8,960; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(24) COMPANY: Rudolphs, Inc. dba The Store; DOCKET NUMBER: 2007-1349-PST-E; IDENTIFIER: RN101723641; LOCATION: Yoakum, Lavaca County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(a)(1) and the Code, §26.3475(d), by failing to provide proper corrosion protection for the UST system; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(25) COMPANY: Scurry-Rosser Independent School District; DOCKET NUMBER: 2007-1532-MWD-E; IDENTIFIER: RN103930160; LOCATION: Kaufman County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 14471001, Effluent Limitations and Monitoring Requirements 1 and 2, and the Code, §26.121(a), by failing to comply with permit effluent limits for TSS and total chlorine residual; PENALTY: $6,200; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(26) COMPANY: Somerset Custom Homes, Ltd.; DOCKET NUMBER: 2007-2008-WQ-E; IDENTIFIER: RN105363691; LOCATION: Southlake, Tarrant County, Texas; TYPE OF FACILITY: home builder; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(27) COMPANY: City of Sour Lake; DOCKET NUMBER: 2007-0779-PWS-E; IDENTIFIER: RN101395945; LOCATION: Sour Lake, Hardin County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1), by failing to issue a boil water notice to customers; PENALTY: $104; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: Sterling Chemicals, Inc.; DOCKET NUMBER: 2007-1604-IWD-E; IDENTIFIER: RN100212620; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0000575000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for toluene, benzene, ethyl benzene, and styrene; and the Code, §26.121(a), by failing to prevent the unauthorized discharge of partially treated process water to any water in the state; PENALTY: $7,875; Supplemental Environmental Project (SEP) offset amount of $3,150 applied to Galveston Bay Foundation - "Marsh Mania"; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(29) COMPANY: Sunoco Pipeline, LP; DOCKET NUMBER: 2007-1448-AIR-E; IDENTIFIER: RN100215128; LOCATION: Hermleigh, Scurry County, Texas; TYPE OF FACILITY: crude oil pipeline breakout station; RULE VIOLATED: 30 TAC §101.20(1) and §116.715(a), 40 CFR §60.115(b)(2), Flexible Permit Number 72661, SC Number 3(a), and THSC, §382.085(b), by failing to submit tank seal gap inspection reports; and 30 TAC §122.145(2) and THSC, §382.085(b), by failing to report in writing all instances of deviations to the executive director; PENALTY: $6,250; ENFORCEMENT COORDINATOR: Lindsey Jones, (512) 239-4930; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(30) COMPANY: Helen Strebeck and Odie Borden dba Tall Oaks Estates Water System; DOCKET NUMBER: 2007-1056-PWS-E; IDENTIFIER: RN101228609; LOCATION: Van Zandt County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(A)(i) and THSC, §341.0315(c), by failing to meet the minimum well capacity requirement of 1.5 gpm per connection; 30 TAC §290.45(b)(1)(A)(ii) and THSC, §341.0315(c), by failing to meet a pressure tank capacity of 50 gallons per connection for a water system without ground storage; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement or an approved exception to the easement requirement that covers the land within 50 feet of the water system's wells; 30 TAC §290.46(q)(2) and THSC, §341.036, by failing to issue a boil water notice; 30 TAC §290.46(j), by failing to issue a customer service inspection certificate prior to providing continuous water service; and 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to ensure that the public water supply operation is under the direct supervision of a water works operator who holds a minimum of a Class "D" license; PENALTY: $1,312; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(31) COMPANY: City of Tatum; DOCKET NUMBER: 2007-1516-PWS-E; IDENTIFIER: RN101255800; LOCATION: Tatum, Rusk County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.41(c)(1)(D), by failing to prevent livestock from being within 50 feet of the water supply well; 30 TAC §290.41(c)(1)(F), by failing to secure a sanitary control easement; 30 TAC §290.42(e)(6), by failing to provide adequate ventilation to the outside atmosphere for the housed anhydrous ammonia equipment; 30 TAC §290.42(l), by failing to compile and maintain a thorough plant operations manual for operator review and reference; 30 TAC §290.43(e) and §290.46(m), by failing to provide a properly constructed intruder-resistant fence in order to protect the system's ground and elevated storage tanks and by failing to initiate maintenance and housekeeping practices; 30 TAC §290.46(f), by failing to maintain records of water works operation and maintenance activities and make them available to commission personnel; 30 TAC §290.46(m)(1)(A), by failing to inspect the system's ground and elevated storage tank annually; 30 TAC §290.42(j), by failing to provide documentation that all chemicals or replacement process media used in the interior coating applied to the ground storage tank at plant number 3 conform to American National Standards Institute/National Sanitation Foundation Standard 61 for indirect additives; 30 TAC §290.121(a), by failing to develop and maintain an up-to-date chemical and microbiological monitoring plan; and 30 TAC §290.42(e)(5), by failing to completely cover the hypochlorination solution container top to prevent the entrance of dust, insects, and other contaminants; PENALTY: $2,343; ENFORCEMENT COORDINATOR: Yuliya Dunaway, (210) 490-3096; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(32) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2007-1791-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 46307, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $6,500; Supplemental Environmental Project (SEP) offset amount of $2,600 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red Project; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(33) COMPANY: The Dow Chemical Company; DOCKET NUMBER: 2007-0573-AIR-E; IDENTIFIER: RN100225945; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 48813, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 37884, SC Number 6.A., Air Permit Number O-02313, SC Number 1.A., 40 CFR §60.18(c)(3)(ii), and THSC, §382.085(b), by failing to maintain a minimum net heating value of 200 British Thermal Units per standard cubic foot; 30 TAC §116.115(c) and §122.143(4), Air Permit Number 37884, SC Number 1, Air Permit Number O-02313, SC Number 8.A., and THSC, §382.085(b), by failing to meet the maximum allowable emission rate of 0.65 pounds per hour for nitrogen oxides; and 30 TAC §§115.352(4), 115.783(5), 116.115(c), and 122.143(4), Air Permit Number 37884, SC Number 8.E., Air Permit Number O-02313, SC Number 8.A., 40 CFR §60.482-6(a)(1) and §60.562-2(a), and THSC, §382.085(b), by failing to seal an open-ended line with a second valve, blind flange, cap, or plug; PENALTY: $34,670; Supplemental Environmental Project (SEP) offset amount of $13,868 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(34) COMPANY: Thomas M. Thorp dba Thorp's Laun-Dry; DOCKET NUMBER: 2007-1554-IHW-E; IDENTIFIER: RN104029350; LOCATION: Sonora, Sutton County, Texas; TYPE OF FACILITY: dry cleaner; RULE VIOLATED: 30 TAC §337.20(d)(2) and 40 CFR §63.324(d), by failing to maintain required perchloroethylene records; 30 TAC §337.20(e)(3)(A), by failing to install a dike or other secondary containment structure; and 30 TAC §335.4(3), by failing to handle industrial waste in such a manner as to prevent the endangerment of public health and welfare; PENALTY: $5,450; ENFORCEMENT COORDINATOR: Colin Barth, (512) 239-0086; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7013, (915) 655-9479.

(35) COMPANY: Mae Dell Tondre dba Tondre Water System; DOCKET NUMBER: 2007-1824-PWS-E; IDENTIFIER: RN101227361; LOCATION: Simonton, Fort Bend County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.109(f)(3) and §290.122(b)(2)(A) and THSC, §341.031(a), by exceeding the maximum contaminant level for total coliform; 30 TAC §290.109(c)(3)(A)(ii) and §290.122(b)(2)(A), by failing to collect all required repeat samples; and 30 TAC §290.109(c)(2)(F) and §290.122(b)(2)(A), by failing to collect at least five routine bacteriological samples; PENALTY: $1,725; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(36) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-1413-AIR-E; IDENTIFIER: RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a) and §122.143(4), Air Permit Number O-01253, SC Numbers 1.A. and 22, Air Permit Number 39142 and PSD-TX-822M2, SC Numbers 2.A. and 4.A., 40 CFR §63.11(b)(6)(ii) and §60.18(c)(3)(ii), and THSC, §382.085(b), by failing to maintain the net heating value of the gas being combusted by assisted flares; 30 TAC §116.715(a) and §122.143(4), Air Permit Number O-01253, SC Numbers 1.A. and 22, Air Permit Number 39142 and PSD-TX-822M2, SC Numbers 2.A. and 4.A., 40 CFR §60.18(c)(4) and §63.11(b)(7), and THSC, §382.085(b), by failing to operate an assisted flare with an exit velocity of less than 60 feet per second; 30 TAC §§111.111(a)(4)(A), 116.715(a), and 122.143(4), Air Permit Number O-01253, SC Numbers 1.A. and 22, Air Permit Number 39142 and PSD-TX-822M2, SC Numbers 2.A., 4.A., and 13.C, 40 CFR §60.18(c)(1) and §63.11(b)(4), and THSC, §382.085(b), by failing to operate flares with visible emissions not to exceed five minutes during any consecutive two hour period; 30 TAC §122.143(4), Air Permit Number O-01253, SC Number 1.A., 40 CFR §63.1566(a)(2), and THSC, §382.085(b), by failing to maintain the daily average combustion zone temperature; and 30 TAC §116.715(a) and §122.143(4), Air Permit Number O-01253, SC Numbers 1.A. and 22, Air Permit Number 39142 and PSD-TX-822M2, SC Number 2.C., 40 CFR §60.104(a)(2)(i), and THSC, §382.085(b), by failing to prevent the discharge of sulfur dioxide to the atmosphere; PENALTY: $60,125; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(37) COMPANY: Valero Refining-Texas, L.P.; DOCKET NUMBER: 2007-1512-AIR-E; IDENTIFIER: RN100238385; LOCATION: Texas City, Galveston County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §116.715(a), Air Permit Number 39142, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $8,600; Supplemental Environmental Project (SEP) offset amount of $3,440 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.

(38) COMPANY: Viridis Energy (Texas), LP; DOCKET NUMBER: 2007-1470-AIR-E; IDENTIFIER: RN102663085; LOCATION: Baytown, Chambers County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §117.340(a) and §117.9020(2)(A)(i) and THSC, §382.085(b), by failing to install totalizing fuel flow meters; and 30 TAC §122.145(2)(A), Air Permit Number 02574, General Conditions, and THSC, §382.085(b), by failing to report deviations regarding fuel flow meters on internal combustion engines; PENALTY: $7,455; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(39) COMPANY: Viridis Energy (Texas), LP; DOCKET NUMBER: 2007-1475-AIR-E; IDENTIFIER: RN102495421; LOCATION: Humble, Harris County, Texas; TYPE OF FACILITY: landfill; RULE VIOLATED: 30 TAC §117.340(a) and §117.9020(2)(A)(i) and THSC, §382.085(b), by failing to install totalizing fuel flow meters; and 30 TAC §122.145(2)(A), Air Permit Number 02565, General Conditions, and THSC, §382.085(b), by failing to report deviations regarding fuel flow meters on internal combustion engines; PENALTY: $7,455; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(40) COMPANY: WTG Jameson, L.P.; DOCKET NUMBER: 2007-1576-AIR-E; IDENTIFIER: RN100210285; LOCATION: Runnels County, Texas; TYPE OF FACILITY: gas plant; RULE VIOLATED: 30 TAC §101.10(e) and THSC, §382.085(b), by failing to submit the annual emission inventory update in a timely manner; PENALTY: $970; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

TRD-200800282

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: January 22, 2008

In the November 30, 2007, issue of the Texas Register (32 TexReg 8681), the Texas Commission on Environmental Quality (commission) published a notice of proposed amendments to Chapter 305, Consolidated Permits and Chapter 330, Municipal Solid Waste. The deadline date for written comments was published as January 15, 2008.

The commission has extended the deadline for receipt of written comments to February 22, 2008, for the proposed amendments of Chapters 305 and 330.

Written comments should be mailed to Patricia Durón, 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 being submitted via the eComments system. Copies of the proposed rulemaking can be obtained from the commission’s website at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information on the proposed review, please contact Jeff Davis, MSW Permits Section, at (512) 239-6228.

TRD-200800290

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 23, 2008

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 30, Occupational Licenses and Registrations, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement House Bill (HB) 4, HB 1656, and Senate Bill 3, 80th Legislature, 2007. The amendments would create two new license classifications, irrigation technician and irrigation inspector, to be consistent with 30 TAC Chapter 344, Landscape Irrigation, Texas Occupations Code, §1903.251 and Texas Water Code, §49.238, and Texas Local Government Code, §401.006.

The commission will hold a public hearing on this proposal in Austin February 26, 2008 at 1:30 p.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building C, Room 131. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office of Legal Services, at (512) 239-0177.

Comments may be submitted to Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-031-030-CE. The comment period closes March 3, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Terry Thompson, Compliance Support Division, (512) 239-6095.

TRD-200800231

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 17, 2008

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 291, Utility Regulations under the requirements of Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement Senate Bill 3, §§2.05, 2.06, 2.07, 2.08, 2.32, 2.39, and 7.01; House Bill 149; and House Bill 3475, 80th Legislature, 2007, relating to water utilities. This proposed rulemaking would amend the definition of a landowner for the purpose of certificate of convenience and necessity (CCN) regulation; allow for consolidated billing and collection contracts between retail public water and sewer providers; allow for adjustments to utility rates to account for increases or decreases in documented energy costs; revise the rules relating to obtaining, amending, and decertifying a municipality's CCN for water and sewer service; create new duties of a water service provider to certain political subdivisions that provide sewer service to the same area; allow a district to establish different utility rates among classes of customers; allow a utility that takes over a nonfunctioning utility to charge reasonable temporary rates and give the utility a reasonable period of time to bring the nonfunctioning system into compliance with commission rules before the commission assesses penalties; allow certain counties to operate a utility in the same manner as a municipality; and, allow a city to extend a CCN to area outside the city's extraterritorial jurisdiction so long as the city meets the criteria outlined in Texas Water Code, §13.241, for granting or amending a CCN.

The commission will hold a public hearing on this proposal in Austin on February 12, 2008 at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact John Gaete, Office of Legal Services, at (512) 239-6091.

Comments may be submitted to John Gaete, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments. File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-048-291-PR. The comment period closes March 3, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Tammy Holguin Benter, Water Supply Division, (512) 239-6136.

TRD-200800216

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 17, 2008

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 335, Industrial Solid Waste and Municipal Hazardous Waste, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement House Bills 1457 and 1719, 80th Legislature, 2007, Regular Session. The proposed rulemaking would eliminate the requirement for landowners to notify the commission of on-site burial of animal carcasses provided they have an approved water quality management plan for that site. The proposed rulemaking would also eliminate the use of poultry carcasses as swine food.

The commission will hold a public hearing on this proposal in Austin on February 26 at 10:00 a.m. at the Texas Commission on Environmental Quality Complex located at 12100 Park 35 Circle in Building E, Room 201S. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.

Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office of Legal Services, at (512) 239-0177.

Comments may be submitted to Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-042-335-PR. The comment period closes March 3, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact Tom Weirich, Waste Permits Division, (512) 239-6609.

TRD-200800234

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 17, 2008

The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony regarding proposed revisions to 30 TAC Chapter 344, Landscape Irrigation, under the requirements of Texas Health and Safety Code, §382.017; and Texas Government Code, Chapter 2001, Subchapter B.

The proposed rulemaking would implement HB 4 and SB 3, 80th Legislature, by establishing, in consultation with the Irrigator Advisory Council, standards for irrigation system design, installation, and operation, water conservation, and duties and responsibilities of licensed irrigators. The proposed rulemaking would also implement HB 1656, by exempting certain irrigation systems from permitting requirements. Some municipalities would be required to adopt TCEQ landscape irrigation rules. The proposed rules would define the roles and responsibilities of licensed irrigator inspectors.

A public hearing on this proposal will be held in Austin, Texas, on February 26, 2008, at 10:00 a.m., in Building B, Room 201A, at the Texas Commission on Environmental Quality complex located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. A time limit may be established at the hearing to assure that 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 to discuss the proposal 30 minutes prior to the hearing and will answer questions before and after the hearing.

Persons planning to attend the hearing with special communication or other accommodation needs should contact John Gaete, Office of Legal Services, at (512) 239-6091. Requests should be made as far in advance as possible.

Comments may be submitted to John Gaete, MC 205, Texas Register Team, 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 being submitted via the eComments system. The comment period closes March 3, 2008. All comments should reference Rule Project Number 2007-027-344-CE. The proposed revisions may be viewed on the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information or questions concerning this proposal, please contact Candy Garrett, Compliance Support Division, at (512) 239-1451.

TRD-200800217

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: January 17, 2008

The following notices were issued during the period of January 17, 2008 through January 18, 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

AQUA UTILITIES INC has applied for a renewal of TPDES Permit No. WQ0012996001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at 11400 Green River Drive on the northeast corner of the crossing of Greens Bayou by Green River Drive in Harris County, Texas.

CITY OF PFLUGERVILLE has applied for a major amendment to TPDES Permit No. WQ0011845002 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 4,400,000 gallons per day to an annual average flow not to exceed 5,300,000 gallons per day and to authorize less stringent effluent limitation for ammonia-nitrogen. The applicant also requested authorization to process Class A sludge from three other wastewater treatment facilities. The facility is located approximately 1.7 miles southeast of the City of Pflugerville and approximately 1.0 mile southeast of the intersection of Dessau Road and Farm-to-Market Road 1825 on the east bank of Gilleland Creek in Travis County, Texas. The sludge treatment works are located within the wastewater treatment facility; the sludge is disposed of by marketing and distribution and by use at the City's properties and parks.

CITY OF TOMBALL has applied for a renewal of TPDES Permit No. WQ0010616001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,500,000 gallons per day. The facility is located at 615 East Huffsmith Road, approximately 1,400 feet due north of the intersection of Neal Street and East Huffsmith Road in the City of Tomball in Harris County, Texas.

COMAL INDEPENDENT SCHOOL DISTRICT has applied for a major amendment to Permit No. WQ0013812001, to authorize an increase in the daily average flow from 6,800 gallons per day to 12,000 gallons per day via public access subsurface drip irrigation system with a minimum area of 2.7548 acres. This permit will not authorize a discharge of pollutants into waters in the state. The wastewater treatment facilities and disposal site are located approximately 1,800 feet on Sattler Road to the site and approximately 3,200 feet southwest of the intersection of State Highway 306 and Farm-to-Market Road 2673 in Comal County, Texas.

DYNAMIC PRODUCTS INC has applied for a renewal of TPDES Permit No. WQ0011841001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located approximately 2.0 miles south of Interstate Highway 10 and approximately 0.75 mile east of the intersection of Sheldon Road and Peninsula Road on the south side of Jacintoport Slip and 0.25 mile north of the Houston Ship Channel in Harris County, Texas.

FERNCO DEVELOPMENT LTD LENCO DEVELOPMENT LTD AND NORCO DEVELOPMENT LTD has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014825001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 60,000 gallons per day. The facility is located approximately 500 feet east of Windfern Road on the south bank of White Oak Bayou and one mile northeast of U.S. Highway 290 and approximately 14 miles northeast of the City of Houston central business district in Harris County, Texas. Authorization to discharge was previously permitted by expired Permit No. WQ0011051001.

NATIONAL OILWELL VARCO LP has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014856001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 12,000 gallons per day. The facility will be located at 9015 Sheldon Road, approximately 0.3 mile south of the intersection of Highway 90 (Crosby Freeway) and Sheldon Road in Harris County, Texas.

RICHARDS INDEPENDENT SCHOOL DISTRICT has applied for a renewal of TPDES Permit No. WQ0013527001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility is located approximately 550 feet north of Farm-to-Market Road 149 and 1,800 feet west of the Chicago, Rock Island and Pacific Railroad in Grimes County, Texas.

SCHERTZ/SEGUIN LOCAL GOVERNMENT CORPORATION has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014836001, to authorize the discharge of filter backwash effluent from a water treatment plant at an annual average flow not to exceed 1,500,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0014458001 which expired on February 1, 2007. The facility is located on County Road 127, approximately two miles north of Farm-to-Market Road 1117 in Gonzales County, Texas.

THE CITY OF KINGSVILLE has applied for a renewal of TPDES Permit No. WQ0010696004, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,000,000 gallons per day and the disposal of the treated effluent via irrigation of 950 acres of the Kleberg County Golf Course. The facility is located at north of Farm-to-Market Road 1717, approximately 1.5 miles east of the intersection of Farm-to-Market Road 1717 and U.S. Highway 77 in Kleberg County, Texas. The disposal site (golf course) is located approximately one mile north-northwest of the wastewater treatment facility.

WESTERN OILFIELDS SUPPLY COMPANY has applied for a renewal of TPDES Permit No. WQ0014409001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 2,500 gallons per day. The facility is located on Battleground Road, 2.3 miles north of State Highway 225 in Harris County, Texas.

WYA AUTUMNWOOD LTD has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014853001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 200,000 gallons per day. The facility will be located approximately 2.3 miles southwest of the intersection of Hardin Store Road and Farm-to-Market Road 2978, on the north side of Hardin Store Road, east of Mill Creek in Montgomery 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-200800296

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 23, 2008

Notice issued January 18, 2008.

APPLICATION NO. 06-4411F; The Lower Neches Valley Authority or LNVA, P.O. Box 5117, Beaumont, TX 77726-5117, has applied for an amendment to Certificate of Adjudication No. 06-4411 to modify Special Conditions 5.C. and 5.D. The certificate authorizes diversions from Pine Island Bayou, the Neches River, Lake Sam Rayburn on the Angelina River, and B.A. Steinhagen Lake on the Neches River, Neches River Basin located in Jasper, Sabine, San Augustine, Angelina, Nacogdoches, Tyler, Hardin, Jefferson, Orange, Liberty, and Chambers Counties. More information on the application and how to participate in the permitting process is given below. The applicant previously filed an application for amendment 06-4411E to remove Special Conditions 5.C and 5.D from its Certificate of Adjudication. (Notice of that application was published on September 29, 2007.) That application has been withdrawn. The new application for amendment 06-4411F and fees were received on December 20, 2007. A correction to the December 20, 2007 amendment application was received on January 2, 2008. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on January 3, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

To view the complete issued notice, view the notice on our web site at www.tceq.state.tx.us/comm_exec/cc/pub_notice.html or call the Office of the Chief Clerk at (512) 239-3300 to obtain a copy of the complete notice. When searching the web site, type in the issued date range shown at the top of this document to obtain search results.

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

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

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

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

TRD-200800297

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 23, 2008

The State Office of Administrative Hearings issued a Proposal for Decision and Order to the Texas Commission on Environmental Quality on January 11, 2008, in the matter of the Executive Director of the Texas Commission on Environmental Quality, Petitioner v. Roy Eugene Donaldson, II; SOAH Docket No. 582-06-0839; TCEQ Docket No. 2005-1510-MSW. The commission will consider the Administrative Law Judge's Proposal for Decision and Order regarding the enforcement action against Roy Eugene Donaldson, II on a date and time to be determined by the Office of the Chief Clerk in Room 201S of Building E, 12100 N. Interstate 35, Austin, Texas. This posting is Notice of Opportunity to Comment on the Proposal for Decision and Order. The comment period will end 30 days from date of this publication. Written public comments should be submitted to the Office of the Chief Clerk, MC-105, TCEQ, P.O. Box 13087, Austin, Texas 78711-3087. If you have any questions or need assistance, please contact Paul Munguía, Office of the Chief Clerk, (512) 239-3300.

TRD-200800298

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: January 23, 2008

Request for Proposals

The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety (DPS), announces the issuance of Request for Proposals (RFP) #303-8-10892. TFC seeks a 5 year lease of approximately 4,000 square feet of office space in Pasadena, Harris, Texas.

The deadline for questions is February 8, 2008 and the deadline for proposals is February 15, 2008 at 3:00 p.m. The award date is March 21, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Myra Beer at (512) 463-5773. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74699.

TRD-200800192

Kay Molina

General Counsel

Texas Facilities Commission

Filed: January 16, 2008

Notice of Correction - State Plan Amendment 08-001, Amendment Number 805

The Texas Health and Human Services Commission (HHSC) published a public notice of its intent to submit Transmittal Number 08-001, Amendment Number 805, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act in the December 7, 2007, issue of the Texas Register (32 TexReg 9160). HHSC anticipates the effective date for the proposed amendment to be January 1, 2008, subject to approval by the Centers for Medicare and Medicaid Services (CMS). HHSC will notify the public when the proposed amendment is finalized and will accept comments at that time.

TRD-200800209

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 17, 2008

The Texas Health and Human Services Commission announces its intent to submit Transmittal Number 08-000, Amendment Number 804, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective February 1, 2008.

The proposed amendment will add the Service Responsibility Option (SRO) as an option for self-direction in the Primary Home Care (PHC) program and Support Consultation as a State Plan service. SRO is an option for self-direction that allows the consumer to select, train, supervise, and manage attendants, but leaves the personnel and payroll responsibilities with the provider agency. Support Consultation is a State Plan service that provides practical skills training and assistance to individuals, thus enabling them to successfully self-direct their PHC services. Support Consultation is only available to individuals who use Consumer Directed Services (CDS) or SRO to manage their PHC services. The amendment will also adopt a reimbursement methodology for Support Consultation.

The proposed amendment to add Support Consultation as a State Plan service is estimated to result in additional annual aggregate expenditures of $234,731 for a portion of federal fiscal year (FFY) 2008 (February 1, 2008, through September 30, 2008), with approximately $142,153 in additional costs in federal funds and approximately $92,578 of additional costs in state general revenue. For FFY 2009, the proposed amendment is estimated to result in additional annual aggregate expenditures of $358,674, with approximately $213,196 in additional costs in federal funds and approximately $145,478 of additional costs in state general revenue. The important role of Support Consultation in increasing the number of individuals who can self-direct their PHC services outweighs the cost increase.

To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Sarah Hambrick, Senior Rate Analyst, by mail at Rate Analysis Department, Texas Health and Human Services Commission, P.O. Box 85200, Mail Code H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1431; by facsimile at (512) 491-1998; or by e-mail at sarah.hambrick@hhsc.state.tx.us Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200800285

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: January 23, 2008

Licensing Actions for Radioactive Materials

TRD-200800242

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: January 18, 2008

Announcement of the 2008 Public Hearing Schedule for Comment on 2008 Competitive Housing Tax Credit Applications

The Department's mission is to help Texans achieve a higher quality of life by building better communities. Through our rental production programs, the Department encourages the new construction or rehabilitation of high-quality multifamily housing, primarily through private developers. These developments benefit Texans by providing qualified families with safe, affordable, quality housing.

The following 7 public hearings are provided to gather public comment on the 2008 Competitive Housing Tax Credit Applications. The schedule of these meetings is provided below:

Lubbock, Region 1

Tuesday, April 8

6:00 p.m.

Godeke Branch Library Community Room

6601 Quaker Avenue

Lubbock, Texas 79413

http://library.ci.lubbock.tx.us/

Dallas, Region 3

Monday, April 7

6:00 p.m.

J. Erik Jonsson Central Library Auditorium

1515 Young Street

Dallas, Texas 75201

http://dallaslibrary.org/

Houston, Region 6

Tuesday, April 8

6:00 p.m.

City Hall Annex Chambers Public Level

900 Bagby

Houston, Texas 77002

www.houstontx.gov

Austin, Region 7

Tuesday, April 8

6:00 p.m.

William B. Travis Building Room 1-111

1701 North Congress Avenue

Austin, Texas 78701

www.tdhca.state.tx.us

San Antonio, Region 9

Wednesday, April 9

6:00 p.m.

Henry B. Gonzalez Convention Center, Room 103A

200 E. Market Street

San Antonio, Texas 78205

www.sanantonio.gov

Harlingen, Region 11

Monday, April 7

6:00 p.m.

Harlingen Public Library Auditorium

410 '76 Drive

Harlingen, Texas 78550

El Paso, Region 13

Wednesday, April 9

6:00 p.m.

City Council Chambers Office

2 Civic Center Plaza, 2nd Floor

El Paso, Texas 79901

www.elpasotexas.gov

A detailed log of all 2008 Applications will be posted to the Department's website at the following link: http://www.tdhca.state.tx.us.

Written comments are also encouraged. Such comments should be addressed to:

Multifamily Finance Production Division

Texas Department of Housing and Community Affairs

P.O. Box 13941

Austin, Texas 78711-3941

For additional information you may contact the Multifamily Division at (512) 475-3440 or visit the program's web site at www.tdhca.state.tx.us.

Individuals who require auxiliary aids or services for these meetings should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3942 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Individuals who require a language interpreter for the hearing should contact Gina Esteves at (512) 475-3942 at least three days prior to the hearing date. Personas que hablan español y requieren un intérprete, favor de llamar a Gina Esteves al siguiente número (512) 475-3942 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200800307

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 23, 2008

The Texas Department of Housing and Community Affairs (TDHCA) will hold a public hearing to receive comments on the draft program year 2008 Texas Weatherization Assistance Program State Plan. Texas anticipates receiving an allocation of $5,549,413 for program year 2008. Funding to subrecipients may be adjusted slightly based on the approved plan and the allocation of carryover funds.

The public hearing will be held at 2:00 p.m. on Friday, February 15, 2008 in Room #116, State Insurance Building Annex, 221 East 11th Street, Austin, Texas. (The State Insurance Building Annex is situated directly across the street from the Capitol Visitor's Center, on the southwest corner of East 11th and San Jacinto streets.) At the hearing, a representative from TDHCA will describe changes to the Weatherization Assistance Program (WAP) and the proposed use of the U.S. Department of Energy funds for program year 2008, which will be for the period of April 1, 2008 to March 31, 2009.

Local officials and citizens are encouraged to participate in the hearing process. Written and oral comments received will be used to finalize the program year 2008 Texas Weatherization Assistance Program State Plan and Application. Written comments from those who cannot attend the hearing in person may be provided by the close of business at 5:00 p.m. on February 22, 2008, to Ms. Lolly Caballero, Senior Planner, Energy Assistance Section, Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, Texas 78711 or by electronic mail to Lolly.Caballero@tdhca.state.tx.us or by fax to (512) 475-3935. A copy of the proposed Draft Plan may be obtained, after February 1, 2008, through TDHCA's web site, http://www.tdhca.state.tx.us/ea/index.htm or by calling Ms. Caballero at (512) 475-0471 or by writing to Ms. Caballero at the TDHCA address given above.

Individuals who require auxiliary aids or services for this meeting should contact Ms. Gina Esteves, ADA responsible employee, at (512) 475-3943 or Relay Texas at 1-800-735-2989 at least two days before the meeting so that appropriate arrangements can be made.

Non-English speaking individuals who require interpreters for this meeting should contact Lolly Caballero, (512) 475-0471 at least three days before the meeting so that appropriate arrangements can be made.

Personas que hablan español y requieren un intérprete, favor de llamar a Jorge Reyes al siguiente número (512) 475-4577 por lo menos tres días antes de la junta para hacer los preparativos apropiados.

TRD-200800304

Michael Gerber

Executive Director

Texas Department of Housing and Community Affairs

Filed: January 23, 2008

Company Licensing

Application to change the name of GILLESPIE COUNTY FARMERS MUTUAL FIRE ASSOCIATION to GILLESPIE FARM MUTUAL INSURANCE COMPANY, a domestic fire and/or casualty company. The home office is in Fredericksburg, Texas.

Application to change the name of PRESIDENTIAL LIFE INSURANCE COMPANY to GREAT SOUTHWEST LIFE INSURANCE COMPANY, a domestic life, accident and/or health company. The home office is in Dallas, Texas.

Application for admission to the State of Texas by SOUTHERN CASUALTY INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Roswell, Georgia.

Application for admission to the State of Texas by BERKSHIRE HATHAWAY ASSURANCE CORPORATION, a foreign fire and/or casualty company. The home office is in Flushing, New York.

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

TRD-200800305

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 23, 2008

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

In prior years, the REG utilized a set of criteria, including the availability of data and the applicability of research findings to multiple stakeholder groups to evaluate research project suggestions from system stakeholders and legislative offices. Given the number of legislatively-mandated research projects that must be completed in 2008 and the REG's available resources, the REG proposes the following set of projects for the Fiscal Year (FY) 2008 Research Agenda:

1. Completion and publication of the second edition of Workers' Compensation Health Care Network Report Card (required under Insurance Code §1305.502 and Labor Code §405.0025); report due in September 2008.

2. An analysis to assess the impact of certified workers' compensation health care networks on both the cost and the quality of medical care provided to injured workers, including a comparison of medical care provided prior to and after the implementation of networks, as well as a comparison of medical care provided to injured workers in and outside of networks (required by Labor Code §405.0025(c)); report due on December 1, 2008.

3. Continuing examination of the frequency of Workers' Compensation claims for both employers and employees participating in networks.

4. An annual update of return-to-work outcomes for injured workers using data from the Texas Workforce Commission (TWC) (Sunset Advisory Commission Management Recommendation).

5. An update of the 2006 study to estimate employer participation in the Texas workers' compensation system (required by Insurance Code Article 5.55(e) and Labor Code §405.0025); report due on December 1, 2008.

6. An update of the FY 2007 analysis of the frequency, type, and outcome of peer reviews performed on behalf of insurance carriers using the results of the Department's Division of Workers' Compensation's peer review data call (to assess the impact of HB 1006 and HB 2004, 80th Legislature).

7. Assisting the Department's Division of Workers' Compensation with data analysis support for the development of a closed pharmaceutical formulary and fee guideline required under Labor Code §408.028(b) and (f).

8. Assisting the Department's Division of Workers' Compensation with an examination whether injured employees have reasonable access to surgically implanted, inserted, or otherwise applied devices or tissues and investigate whether reimbursement rates or any other barriers exist that reduce the ability of an injured employee to access those medical needs (required by Labor Code §413.011(i)).

9. Assisting the State Office of Risk Management (SORM) with its efforts to:

a. collect and analyze data from each state agency regarding lost time, including sick and annual leave used by an injured employee (required by Labor Code §412.0126); and

b. analyze options to prepare state agencies for catastrophic claims, including a study of whether the state should establish a state employee workers' compensation catastrophe fund outside of the state treasury and/or purchase catastrophe reinsurance (required by Labor Code §412.0129); report due to the Legislature on September 1, 2008.

10. An analysis of the adequacy of income benefits paid to injured workers as a result of their work-related injuries.

REQUEST FOR PUBLIC COMMENT OR PUBLIC HEARING. To be considered, written comments on the proposed FY 2008 Research Agenda must be submitted no later than 5:00 p.m. on February 25, 2008, to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. An additional copy of the comments must be simultaneously submitted to Amy Lee, Director, Workers' Compensation Research and Evaluation Group, Mail Code 105-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-9104. Any request for a public hearing should be submitted separately to the Office of the Chief Clerk before the close of the public comment period. If a hearing is held, written and oral comments presented at the hearing will be considered. For questions regarding the proposed agenda please contact Amy Lee at wcresearch@tdi.state.tx.us.

TRD-200800200

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: January 17, 2008

Correction of Error

The Texas Department of Insurance, Division of Workers' Compensation adopted new 28 TAC §134.403 and §134.404 in the January 11, 2008, issue of the Texas Register (33 TexReg 400). Section 134.403 concerns Hospital Facility Fee Guideline--Outpatient and §134.404 concerns Hospital Facility Fee Guideline--Inpatient. The rules take effect February 1, 2008.

A typographical error appears on page 426, left column, §134.403(h). The word "for" at the beginning of the sentence should be capitalized. Subsection (h) should read as follows:

"(h) For medical services provided in an outpatient acute care hospital, but not addressed. . . ."

TRD-200800309

Notice of Public Hearing

A public hearing to receive public comments regarding the proposed repeal of 16 TAC §402.705, relating to Compliance Review, proposed repeal of 16 TAC §402.406, relating to Exemptions from Licensing Requirements, and proposed amendments to 16 TAC §402.100, relating to Definitions, will be held on Wednesday, February 6, 2008, at 9:30 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200800206

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 17, 2008

A public hearing to receive public comments regarding the proposed repeal of 16 TAC §401.312, relating to "Texas Two Step" On-Line Game, and proposed new 16 TAC §401.312, relating to "Texas Two Step" On-Line Game, will be held on Tuesday, February 5, 2008, at 10:00 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200800240

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: January 18, 2008

Notices of Availability and Request for Comments

Draft Damage Assessment and Restoration Plan

AGENCIES: Texas Parks and Wildlife Department (TPWD), Texas Commission on Environmental Quality (TCEQ), the Texas General Land Office (TGLO), and the United States Department of the Interior (DOI) represented by the United States Fish and Wildlife Service (FWS) (hereafter, Natural Resource Trustees).

ACTION: Notice of availability of a Draft Damage Assessment and Restoration Plan (DRAFT DARP) for natural resource damages resulting from the Former Empire Oil Refinery Gainesville, Cooke County Texas (Site) and of a 30-day period for public comment on the Draft DARP beginning the date of publication of this notice.

SUMMARY: This notice serves to inform the public that the Natural Resource Trustees have developed a Draft DARP to resolve Natural Resource Damages associated with this Site. The Draft DARP outlines the injuries resulting from the unauthorized discharge of oily products and hazardous materials into waters of the State of Texas and the adjacent habitats, as well as the proposed restoration project selected to compensate for those injuries.

The opportunity for public review and comment on the Draft DARP announced in this notice is required under the DOI Natural Resource Damage Assessment Rules 43 C.F.R. 11.81(d)(1) and (2).

ADDRESSES: A copy of this Draft DARP may be obtained by contacting: Charles Wood, Trustee Program, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, Texas 78744, Phone: (512) 912-7155, e-mail: charles.wood@tpwd.state.tx.us.

DATES: Comments must be submitted in writing within 30 days of the publication of this notice to Charles Wood of the Texas Parks and Wildlife Department at the address listed in the previous paragraph. The Natural Resource Trustees will consider all written comments received during the 30-day comment period prior to finalizing the Draft DARP.

SUPPLEMENTARY INFORMATION: Located on approximately 200 acres of land, northwest of the City of Gainesville in Cooke County, Texas, the former Empire Oil Refinery was owned and operated by Empire Oil Company from approximately 1916 until the 1930s. Empire Oil was purchased by City Services some time during the 1930s and they continued active oil production operations at the Site until 1935. In 1982 City Services merged with Occidental Petroleum (Oxy Petroleum) with 95% of the assets being transferred into a new City Services company, while the remaining 5% of the original City Services assets were sold to Canadian Occidental Offshore Production Company. Through an indemnity agreement between Canadian Occidental Offshore Production Company and Oxy Petroleum, Oxy Petroleum assumed the liability for the former Empire Oil Site even though they were not a title holder to the property.

Remnants of the former refinery including the open oil storage pits and the tank pads remained on Site after operations ceased in 1935, with an undetermined amount of product and waste material. In October, 2000, the FWS in conjunction with other State and Federal Agencies responded to an anonymous complaint about the Site. It was during this complaint investigation that 51 waste coated dead birds and 4 dead turtles trapped in the oily wastes were observed within the North Pit. Additional wildlife mortalities were observed in the outer ring of the North Pit and included: 1 dead, waste coated bird, 1 dead turtle, and 1 dead, waste coated raccoon. Immediately South and adjacent to the outer ring of the North Pit, a product sheen was observed in Pecan Creek. Contamination was observed in the grassland area immediately adjacent to Pecan Creek and Southwest of the North Pit. This area appeared to be a series of old tank pads and dikes with visual signs of oily product mixed in the soil. Investigation of the South Pit identified seven dead turtles and sheens and salt staining of soils and sediments.

In April, 2001, Oxy Petroleum entered into the State of Texas Voluntary Cleanup Program (VCP) (Case No. 1325) to remediate the Site, focusing on the North Pit first, to reduce the imminent threat to migratory avian species and other wildlife. Emergency remediation of the North Pit was completed in September 2002. In conjunction with emergency remedial activities at the Site, the Trustees and Oxy Petroleum began discussions regarding impacts to natural resources. In 2003, the Trustees made the initial determination that releases of hazardous substances from the facility into the terrestrial and aquatic habitats associated with the Site had occurred, posing a direct and indirect threat to natural resources for which the Federal and/or State Governments may assert trusteeship under the Comprehensive Environmental Response Compensation and Liability Act (42 U.S.C. sec. 9601 et seq.), the Clean Water Act (33 U.S.C. sec. 1321 et seq.), the Oil Pollution Act (33 U.S.C. 2701 et seq.), and the Texas Hazardous Substances Spill Prevention and Control Act (Water Code, Chapter 26, Subchapter G). This includes the various terrestrial and aquatic habitats and the associated services provided by these habitats that have been affected or potentially affected by the contaminants at the Site including but not limited to: surface waters; submerged lands; sediments; wetlands; grassland; upland woods and riparian habitats; migratory avian species, including shore birds, colonial water birds, waterfowl, and raptors; wildlife; fisheries; and other aquatic organisms.

To facilitate the assessment and achieve a cost effective resolution of natural resource injuries at the Site, the Trustees worked with Oxy Petroleum and the TCEQ VCP to develop and review site specific data collection and ecological risk assessment and use this information as part of the injury assessment process. After evaluation it was determined that a minimum of 133 acres of constructed, enhanced, or restored habitat would be required to offset all injuries at the Site. This would include a minimum of 99.74 acres of wetlands or aquatic habitat, 29.17 acres of upland prairie, and 3.55 acres of riparian/bottomland hardwoods.

The overall objective of the restoration planning process is to identify restoration alternatives that are appropriate to restore, rehabilitate, replace, or acquire natural resources and their services equivalent to natural resources injured or lost as a result of releases of hazardous substances. These restoration actions make the public whole by providing compensation for injuries and losses to natural resources. Based on a thorough evaluation of potential restoration alternatives, the Trustees have concluded that primary restoration coupled with creation of new habitat is feasible and the most appropriate restoration option for the services injured. Therefore, the enhancement and construction of habitat (primary restoration) at and adjacent to the Former Empire Oil Refinery Site is proposed as the preferred restoration alternative.

For further information contact: Charles Wood at (512) 912-7155, fax: (512) 912-7160 , e-mail: charles.wood@tpwd.state.tx.us.

TRD-200800281

Ann Bright

General Counsel

Texas Parks and Wildlife Department

Filed: January 22, 2008

Request for Proposals - Consulting on Audit and Other Attest Services

INTRODUCTION

Purpose

The Texas State Board of Public Accountancy (hereinafter referred to as the Board) is soliciting responses to this Request for Proposals (RFP) for qualified individuals and entities to provide consulting services to review the attest work of Certified Public Accountants.

Schedule of proposal process

To be considered, a proposal must be received by the Board by no later than Monday, March 17, 2008. Proposers should be prepared to give further information to the Board if requested. Final selection will be made by the Board.

Term of Selection

Performance under a contract pursuant to this RFP will begin upon contract execution and will continue through August 31, 2009. This contract may be extended into the Board's following fiscal year.

Modification/Cancellation

The Board reserves the right to modify or cancel this RFP, in whole or in part. In that event, the Board will make every effort to provide notice of the modification or cancellation to each organization to which this RFP was provided by mail. After the awarding of a contract, the Board reserves the right to add to, delete from, cancel, or substitute work requirements as it deems advisable for the success of the work needed.

Cost of proposal preparation

The Board will not reimburse any cost incurred in the preparation of a proposal.

Proposals shall be mailed or hand delivered to:

William Treacy, Executive Director

Texas State Board of Public Accountancy

333 Guadalupe, Tower 3, Suite 900

Austin, Texas 78701-3900

Submission Deadline

All proposals must be received by the Board no later than 5:00 p.m., Central Standard Time, on March 17, 2008. Proposals received after that date and time will not be accepted and the Board assumes no responsibility for late proposals.

Proposal Requirements

The proposal must include a proposed hourly rate in addition to a recitation of experience and qualifications. The Committee will consider responsive only those proposals that include all elements required by this RFP. The final selection(s) will be to the submitter(s) whose services represent the best combination of price and quality.

Notice of Selection

After the selection, the proposals will be available for public inspection in accordance with the Public Information Act, Government Code, and Chapter 552.

Inquiries

All questions pertaining to this RFP may be directed to William Treacy, Executive Director, (512) 305-7801, executive@tsbpa.state.tx.us.

Specific Tasks

The consultant(s) will be required to provide a Board committee with an opinion as to whether the audits, compilations, reviews or other attest services performed by Board licensees being examined by the Board were prepared in accordance with applicable professional standards including but not limited to Statements on Auditing Standards or if it is an examination of prospective financial information, Standards for Attestation Engagements.

The consultant(s) will be asked to provide a written report to the Board committee and possibly appear before the Board committee to present the report. The consultant(s) may also be asked to serve as an expert witness regarding the opinions expressed in the report in an informal hearing before the Board committee or in an adjudicatory proceeding. The extent of the consultant's review and report will be determined by the Board committee and a response time established at the time of the assignment.

REQUIREMENTS FOR PARTICIPATION IN PROPOSAL PROCESS

Certification

Any person responding to this Request for Proposals must be a Texas licensed Certified Public Accountant with at least 10 years of accounting or auditing experience. The disciplinary history of the CPA being considered for this contract will be reviewed and considered prior to the award of any contract.

Termination of Contract

The Board reserves the right to terminate the contract, in whole or in part, due to failure of the consultant to carry out any term, promise, or condition of the contract. The Board reserves the right to terminate the agreement at any time without penalty or recourse by giving written notice to the consultant at least 30 days before the effective date of the termination or by not renewing the contract beyond its expiration date. In the event of termination, all documents, data, and reports prepared by the consultant under the contract shall become the property of the Board. The consultant will be entitled to receive just and equitable compensation for that work completed before the effective date of termination.

Prohibited Interest and Conflict of Interest

No Board member or employee may have a direct interest in the proceeds from a contract resulting from this RFP. No Board member or employee may be related within the second degree of consanguinity or affinity to anyone who has a direct interest in the proceeds of a contract arising from this RFP.

Confidentiality

The consultant will be provided confidential records or documents in connection with the consultant's work under the contract. When this occurs the consultant will be required to maintain the confidentiality of such documents. Breach of such confidentiality could subject the consultant to disciplinary action by the Board pursuant to the Public Accountancy Act.

Reserved Rights

The Board reserves the right to reject any and all offers and re-solicit or cancel this RFP if that action is deemed in the best interest of the Board.

The Board is not required to select the lowest priced proposal, but will take into consideration services that represent the best combination of price and quality.

TRD-200800278

J. Randel (Jerry) Hill

General Counsel

Texas State Board of Public Accountancy

Filed: January 18, 2008

Notice of Application for a Certificate to Provide Retail Electric Service

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 16, 2008, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Solaro Energy Marketing Corporation for Retail Electric Provider (REP) Certification, Docket Number 35240 before the Public Utility Commission of Texas.

Applicant's requested service area by geography includes the entire State of Texas.

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 8, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35240.

TRD-200800293

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2008

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application filed on January 11, 2008, for an amendment to certificated service area boundaries within Cameron County, Texas.

Docket Style and Number: Application of the Brownsville Public Utilities Board (BPUB) to Amend a Certificate of Convenience and Necessity for Service Area Boundaries within Cameron County (Olmito Gardens Subdivision/Luis Rodriguez's Lot). Docket Number 35217.

The Application: The application encompasses an area of land which is singly certificated to American Electric Power Company (AEP), formerly known as Central Power & Light (CP&L), and is within the corporate limits of the City of Brownsville. BPUB received a letter request from Luis Rodriguez requesting BPUB to provide electric utility service to his 2.5 acre tract of land. The estimated cost to BPUB to provide service to this proposed area is $402.50. The area is presently undeveloped. If the application is granted the area would be dually certificated for electric service.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas no later than February 8, 2008, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 35217.

TRD-200800194

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 16, 2008

Notice is given to the public of the filing on January 16, 2008, with the Public Utility Commission of Texas (commission), a notice of intent to file a long run incremental cost (LRIC) study pursuant to P.U.C. Substantive Rule §26.214. The Applicant will file the LRIC study on January 18, 2008.

Docket Title and Number: Application of Windstream Communications Southwest, Inc. for Approval of a LRIC Study for Automatic Intercept Service Pursuant to P.U.C. Substantive Rule §26.214, Docket Number 35243.

Any party that demonstrates a justiciable interest may file with the administrative law judge, written comments or recommendations concerning the LRIC study referencing Docket Number 35243. Written comments or recommendations should be filed no later than 45 days after the date of a sufficient study and should be filed at the Public Utility Commission of Texas, by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35243.

TRD-200800202

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 17, 2008

Low-Income Discount Administrator to Administer the Low-Income Customer Rate Reduction Programs for Electric and Telephone Service in Texas; RFP Number 473-08-00124.

The Public Utility Commission of Texas (PUCT) requests proposals for the administration of the low-income residential customer rate reduction programs for electric and telephone services in Texas. This Request for Proposals (RFP) seeks a vendor that can serve as Low-Income Discount Administrator (LIDA) for both the electric and telephone discount programs. The LIDA will be responsible for: (1) all duties associated with creating and maintaining a database of customers eligible for the electric and telephone discount programs and (2) notifying retail electric providers and telephone service providers of eligible customers so that the utility providers can apply the appropriate discounts to each customer's monthly bills.

390,000 Texans receive the electric low-income discount. The Texas Legislature appropriated $80 million for electric discounts in Fiscal Year 2008 and $90 million for Fiscal Year 2009. Currently, 1,000,000 Texans receive the telephone low-income discount. The Texas Universal Service Fund (TUSF) paid a total of more than $28.4 million in telephone discounts in Fiscal Year 2007. The total number of records handled per month for this project is in excess of 16 million. These records have the potential for 4 million matches for the two programs per month.

The RFP documentation may be obtained by contacting: Cindy Wilson, Purchaser at (512) 936-7069 or e-mail at cindy.wilson@puc.state.tx.us. The RFP also can be found on the PUCT website at http://www.puc.state.tx.us/about/procurement/index.cfm.

The PUCT will base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services.

NOTE: The PUCT will host a mandatory meeting for interested proposers on Friday, February 15, 2008, at 10:00 a.m. on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Failure to attend this meeting will disqualify proposers from participating in this procurement.

Proposals must be received on or before 5:00 p.m. CDT on Friday, March 14, 2008.

TRD-200800302

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 23, 2008

Notice of Funding Availability for Voting Access for Individuals with Disabilities Grant Program

Introduction:

The Texas Secretary of State (SOS) announced the availability of federal funds for counties to make polling places accessible and provide the same opportunity for access and participation to individuals with disabilities in September 2006. The SOS is amending that announcement to increase the eligible funding for each county. It also amends the deadline to apply for the funding due to the lapse date of the federal funds. This announcement supersedes all previous correspondence.

Authority:

The availability of funds is authorized by Title II, Subtitle D, Section 261 of the Help America Vote Act (HAVA) (42 U.S.C. 15461).

Eligible Applicants:

All Texas counties.

Use of Funds:

Making Polling Places Accessible

1. Making pathways more accessible by building or repaving sidewalks.

2. Construction or repair of ramps and threshold ramps.

3. Constructing curb cuts and adding handrails.

4. Establishing accessible parking spaces closer to the accessible entrance.

5. Providing adequate signage showing where accessible parking and entrances are located and indicating that service animals are welcome.

6. Purchasing hardware that will make it easy for persons with limited mobility or grasping ability to open doors.

7. Other projects that improve polling place accessibility deemed reasonable and necessary by the SOS.

Provide the Same Opportunity for Access and Participation to Individuals with Disabilities

1. Magnifiers.

2. Signature guides.

3. Accessible voting booths or tables.

4. Seats to accommodate persons who have difficulty standing for long periods of time.

5. Telephones in order to allow the use of all Relay Texas services including speech-to-speech relay.

6. Informational material to be written in large print and in Braille.

7. Other devices that provide the same opportunity for access and participation to individuals with disabilities deemed reasonable and necessary by the SOS.

Funding Restrictions:

Funds used for permanent improvements such as repaving sidewalks and curb cuts may only be applied to county owned property utilized for a polling location used during a federal election.

Available Funding:

Making Polling Places Accessible

Using polling location statistics for the 2006 March Primary, the county may apply for funding not to exceed the following amounts:

(a) $2,500 for counties with 10 polling locations or less;

(b) $5,000 for counties with 50 polling locations or less; and,

(c) $7,500 for counties with polling locations of more than 50.

Provide the Same Opportunity for Access and Participation to Individuals with Disabilities Using polling location statistics for the 2006 March Primary, the county may apply for funding not to exceed the following amounts:

(a) $1,500 for counties with 10 polling locations or less;

(b) $1,750 for counties with 50 polling locations or less; and,

(c) $2,000 for counties with polling locations of more than 50.

Funding Period:

Obligations for eligible expenditures must be incurred during the following time period: January 1, 2005 through December 31, 2008. All funds must be drawdown by that time.

Funding Requirements:

A copy of the "Americans with Disabilities Act (ADA) Checklist for Polling Places" must be completed and kept on file with the County Clerk or Election Administrator for the county. A copy of the checklist can be found at http://www.usdoj.gov/crt/ada/votingck.htm.

All Texas counties must be in compliance with all applicable federal and state laws and regulations, including the terms and conditions set forth in the acceptance of the grant. The terms and conditions can be viewed at http://www.sos.state.tx.us/elections/hava/funding.shtml under the bullets labeled Making Polling Places Accessible and Provide the Same Opportunity for Access and Participation to Individuals with Disabilities Terms and Conditions of Grant Funding.

Requesting the Application:

The county judge, as chief executive officer for the county, must submit a budget via the Texas HAVA online grant system (http://hava.tamu.edu/) and be approved by the Secretary of State's Office. The county judge will use the same user ID and password that was used for previous HAVA funding requests (e.g., voting system acquisition funding). For inquiries, contact Dan Glotzer or Jennifer Holliman toll-free at 1-800-252-8683 or email dglotzer@sos.state.tx.us or jholliman@sos.state.tx.us.

Budget Submission Deadline:

Budgets may be submitted via the Texas HAVA online grant system effective immediately and will be accepted through April 30, 2008. Counties that do not submit a budget via the online grant system by April 30, 2008 will forfeit their funding. A county that submits a budget for a portion of the funding for which it is eligible will not forfeit the unbudgeted amount and may submit a grant adjustment prior to the expiration of the funding period to allocate the remaining balance.

TRD-200800308

Ann McGeehan

Director of Elections

Office of the Secretary of State

Filed: January 23, 2008

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.

For information regarding actions and times for aviation public hearings, please go to the following web site:

www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm

Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and then click on Aviation.

Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.

TRD-200800286

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 23, 2008

In accordance with 43 TAC §15.103, the Texas Department of Transportation (department) issues this 2008 Program Call for proposed projects to be considered for funding under the department's Border Colonia Access Program. Government Code, Chapter 1403, requires the Texas Public Finance Authority, in accordance with requests from the Office of the Governor, to issue general obligation bonds and notes in an aggregate amount not to exceed $175 million, and as directed by the department, distribute the proceeds to counties to provide financial assistance for colonia access roadway projects to serve border colonias. Chapter 1403 requires the Texas Transportation Commission (commission) to establish a program to administer the use of the proceeds of the bonds and notes.

The commission established the Border Colonia Access Program in 43 TAC §§15.100 - 15.106. Eligible project costs under the program are the cost of constructing, administering, or providing drainage for a project, including the cost of leasing equipment used substantially in connection with a project, or acquiring materials used solely in connection with a project. Eligible project costs include the cost of:

(1) paving unpaved colonia roads;

(2) repaving or repairing paved colonia roads;

(3) acquiring materials or leasing equipment for colonia roads; and

(4) providing drainage for a colonia road.

For a project to be eligible for consideration for the program, it must be located in an eligible county, defined as a county located in the El Paso, Laredo, or Pharr department districts, and Terrell County, that has adopted the model rules promulgated by the Texas Water Development Board under Water Code, §16.343.

To be considered for funding under the program, an eligible county must submit an application, in the form prescribed by the department, to the district engineer of the district office responsible for the area in which the proposed project will be implemented. The address and telephone number of the district offices may be obtained by contacting the department's Transportation Planning and Programming Division at (512) 486-5038. The department must receive completed applications no later than 5:00 p.m., March 31, 2008.

Applications and information regarding the program are available from the department's El Paso, Odessa, Laredo, or Pharr district offices, by writing the Transportation Planning and Programming Division, 125 East 11th Street, Austin, Texas 78701-2483, or from the department's website at: http://www.dot.state.tx.us.

TRD-200800287

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: January 23, 2008

Request for Applications

The University of Texas at Austin, Center for Mathematics and Science Education, Texas Regional Collaboratives for Excellence in Science and Mathematics Teaching announces a competitive Request for Applications.

Purpose: Applicant programs are to improve the academic achievement of students in science and math through forming partnerships among institutions of higher education, local education agencies, elementary schools, and secondary schools. These partnerships will provide high quality, sustained, and high intensity professional development focused on the education of science teachers as a career-long process. Such process should continuously stimulate teachers' intellectual growth and upgrade teachers' knowledge and skills through activities that are founded on scientifically based research and aligned with the Texas Essential Knowledge and Skills for Science and Math.

Estimated Range of Awards: Science and Math ($85,000 - $140,000)

Program Period: May 1, 2008 - July 31, 2009

Application for Transmittal Deadline: March 18, 2008

A copy of the Request for Application is online at http://www.thetrc.org/trc/. A copy can also be obtained by contacting:

Dr. Carol Fletcher

Assistant Director, Texas Regional Collaboratives

(512) 232-5690

carol.fletcher@mail.utexas.edu

Mailing address:

1 University Station D5500

George J. Sanchez Bldg. Room 356

Austin, Texas 78712

TRD-200800241

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: January 18, 2008