Department of Aging and Disability Services
The Department of Aging and Disability Services (DADS) has begun the process of developing the FYs 2008-2009 Report Update for State Mental Retardation Facilities, which will be submitted with the DADS FYs 2010-2011 Legislative Appropriations Request. This report is statutorily required by the Health and Safety Code (HSC), Title 7 of the Mental Health and Mental Retardation, Chapter 533, §533.032, Long-Range Planning.
DADS is seeking input regarding long-term planning information to be discussed in this report. The previous FYs 2006-2007 Report Update for State Mental Retardation Facilities may be downloaded from the DADS website through either of the links below:
http://www.dads.state.tx.us/news_info/publications/planning/06-07_SMRF_Report_%20Final07028061.pdf
http://www.dads.state.tx.us/news_info/publications/planning/06-07_SMRF_Report_%20Final07028061.doc
To request a copy of the FYs 2006-2007 Report Update for State Mental Retardation Facilities, contact LaCrecia Stevens at (512) 438-5634.
In accordance with the requirements of HSC §533.032, DADS has scheduled a public hearing on February 20, 2008, in the Winter's Public Hearing Room, 701 W. 51st Street, Austin, Texas, Travis County. This hearing will begin at 2:00 p.m. Each speaker will have five (5) minutes for his or her presentation.
Comments may also be submitted in writing to Texas Department of Aging and Disability Services, Center for Program Coordination, MC: W235, Wendy Francik, Senior Management Analyst, P.O. Box 149030, Austin, Texas 78714-9030; or by e-mail to wendy.francik@dads.state.tx.us.
Written comments must be received by February 22, 2008, 5:00 p.m. for consideration.
Individuals requiring an interpreter for the deaf or hearing impaired should contact LaCrecia Stevens, (512) 438-5634, TDD (512) 424-3250 at least 72 hours prior to the hearing.
TRD-200800541
Kenneth L. Owens
General Counsel
Department of Aging and Disability Services
Filed: January 30, 2008
Notice of Request for Proposals
Pursuant to Chapter 2254, Subchapter B, and §403.301 and §403.3011, Texas Government Code; §5.102, Property Tax Code; and Chapter 271, Local Government Code, the Comptroller of Public Accounts (Comptroller) announces the issuance of a Request for Proposals (RFP #183a) from qualified, independent firms to provide consulting services to Comptroller. The successful respondent(s) will assist Comptroller in conducting an Appraisal Standards Review (ASR) of the Harris County Appraisal District (HCAD), the second largest appraisal district in the United States (in appraised properties). Comptroller reserves the right to select multiple contractors to participate in conducting the review of HCAD, as set forth in the RFP. The successful respondent(s) will be expected to begin performance of the contract or contracts, if any, on or about March 25, 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. Comptroller will mail copies of the RFP only to those specifically requesting a copy. The RFP was made available for pick-up at the above-referenced address on Friday, February 8, 2008, after 10 a.m., Central Zone Time (CZT), and during normal business hours thereafter. Comptroller also made the complete RFP available electronically on the Electronic State Business Daily at: http://esbd.cpa.state.tx.us after 10 a.m. (CZT) on Friday, February 8, 2008.
Non-Mandatory Letters of Intent and Questions: All Non-Mandatory Letters of Intent and questions regarding the RFP must be sent via facsimile to Mr. Harris at: (512) 463-3669, not later than 2:00 p.m. (CZT), on Friday, February 22, 2008. Official responses to questions received by the foregoing deadline will be posted electronically on the Electronic State Business Daily no later than Friday, February 29, 2008, or as soon thereafter as practical. Non-Mandatory Letters of Intent or Questions received after the deadline will not be considered. Respondents shall be solely responsible for confirming the timely receipt of Non-Mandatory Letters of Intent and Questions in the Issuing Office.
Closing Date: Proposals must be received in the Assistant General Counsel's Office at the address specified above (ROOM G-24) no later than 2 p.m. (CZT), on Friday, March 7, 2008. Proposals received after this time and date will not be considered. Proposals will not be accepted from respondents that do not submit proposals by the foregoing deadline. Respondents shall be solely responsible for confirming the 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 regarding the award of master contracts for assignments from the pool selected, if any. Comptroller reserves the right to award one or more contracts under this RFP. Comptroller reserves the right to accept or reject any or all proposals submitted. Comptroller is under no legal or other obligation to execute any contracts on the basis of this notice or the distribution of any RFP. Comptroller shall not pay for any costs incurred by any entity in responding to this Notice or the RFP.
The anticipated schedule of events is as follows: Issuance of RFP - February 8, 2008, after 10:00 a.m. CZT; Non-Mandatory Letters of Intent and Questions Due - February 22, 2008, 2 p.m. CZT; Official Responses to Questions Posted - February 29, 2008, or as soon thereafter as practical; Proposals Due - March 7, 2008, 2 p.m. CZT; Contract Execution - March 25, 2008, or as soon thereafter as practical; Commencement of Project Activities - March 25, 2008, or as soon thereafter as practical.
TRD-200800521
William Clay Harris
Assistant General Counsel, Contracts
Comptroller of Public Accounts
Filed: January 30, 2008
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §303.003 and §303.009, Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/04/08 - 02/10/08 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 02/04/08 - 02/10/08 is 18% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
TRD-200800464
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: January 28, 2008
Notice of Correction: Request for Applications Concerning the Intensive Summer Programs Pilot Program, 2008-2009
The Texas Education Agency (TEA) published Request for Applications (RFA) #701-08-102, Request for Applications Concerning the Intensive Summer Programs Pilot Program, 2008-2009, in the January 25, 2008, issue of the Texas Register (33 TexReg 766).
The TEA is amending the approximate project funding amounts available. The maximum grant award shall be no more than $150,000 for the entire grant period. This correction reflects a change from the maximum grant award of not more than $150,000 for each program year of the grant period.
Further Information. For clarifying information about the RFA, contact Amy Werst, Division of Discretionary Grants, TEA, (512) 463-9269, or Chris Caesar, Division of State Initiatives, TEA, (512) 936-6060.
TRD-200800530
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 30, 2008
Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-08-105 from school districts or shared services arrangements of school districts at which: (1) a minimum of 65 percent of the total student enrollment was identified as economically disadvantaged for the preceding three school years, or (2) 60 percent or fewer students across all grade levels met the state standard on the mathematics portion of the Texas Assessment of Knowledge and Skills during the preceding three school years, as indicated by the Standard Accountability Indicator on the 2004-2005, 2005-2006, and 2006-2007 Academic Excellence Indicator System district reports. The TEA will publish an eligibility list to accompany the RFA.
Description. The purpose of the Mathematics Instructional Coaches Pilot Program grant is to promote college and workforce readiness at eligible districts by providing assistance in developing the content knowledge and instructional expertise of teachers who instruct students in mathematics at the middle, junior high, or high school levels. Grant recipients must design and implement a Mathematics Instructional Coaches Pilot Program in partnership with an entity from the Approved Service Provider List provided by the TEA.
Dates of Project. The Mathematics Instructional Coaches Pilot Program will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than July 1, 2008, and an ending date of no later than May 31, 2010.
Project Amount. Funding will be provided for approximately 16-20 projects, totaling approximately $2,186,000. Each applicant may apply for a maximum possible grant award of $225,000 for the 2008-2010 grant period. Continuation and expansion funding may be made available based on evaluation results of the pilot program and budget approval by the commissioner of education and the state legislature. This project is funded 100% from state funds.
Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications 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 those that address all requirements in the RFA.
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 the RFA 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. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Further Information. For clarifying information about the RFA, contact Dale Fowler, Division of State Initiatives, Texas Education Agency, (512) 936-6060. 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. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.
Deadline for Receipt of Applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, April 1, 2008, to be eligible to be considered for funding.
TRD-200800529
Cristina De La Fuente-Valadez
Director, Policy Coordination
Texas Education Agency
Filed: January 30, 2008
Official Notice for Election Places 4 and 5 on the Board of Directors
Persons interested in filing for positions on the Board of Directors of Region 16 Education Service Center, an organization that provides educational services to 63 school districts and two charter schools in the north 26 counties of the Texas Panhandle, may do so at the office of the Executive Director (5800 Bell Street, Amarillo, Texas) during regular office hours (8 a.m. to 5 p.m.) Monday through Thursday, (8 a.m. to 4 p.m.) Friday, beginning Friday, February 1, 2008. Deadline for filing is Wednesday, February 20, 2008, at 5 p.m.
Interested persons may file in person or, upon request, may receive a filing form by mail with the return by certified mail postmarked no later than 5 p.m., February 20, 2008. Phone: (806) 677-5015; Mailing address: 5800 Bell Street, Amarillo, TX 79109-6230.
The Board of Directors shall be elected by place. The following places (by counties) that are up for election are described as follows:
Place 4 - Counties of Hansford, Hemphill, Hutchinson, Lipscomb, Ochiltree, and Roberts
Place 5 - That part of Potter and Randall counties included in the boundaries of Amarillo Independent School District
To hold the office of an Education Service Center Board of Director, one must: Be a United States of America citizen; Be at least 18 years of age; Be a resident of the region served and of the geographic area included in the place designated outlined above;
To hold the office of Board member, one may not: Be engaged professionally in education; Be a member of a board of any educational agency or institution.
Should there be an uncontested election; the Region 16 ESC Board has determined that no election will be held.
TRD-200800355
John Bass
Executive Director
Education Service Center, Region 16
Filed: January 25, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is 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: 16303 Food Store Associates, Inc. dba Sunrise Super Stop 15; DOCKET NUMBER: 2008-0029-PST-E; IDENTIFIER: RN103146536; LOCATION: Houston, Fort Bend County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.49(a)(1), by failing to provide corrosion protection; PENALTY: $1,750; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(2) COMPANY: Aero-Marine Engineering, Inc.; DOCKET NUMBER: 2007-1770-AIR-E; IDENTIFIER: RN100219567; LOCATION: Bryson, Jack County, Texas; TYPE OF FACILITY: surface coating; RULE VIOLATED: 30 TAC §122.146(2) and Texas Health and Safety Code (THSC), §382.085(b), by failing to submit the annual compliance certification report; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Sidney Wheeler, (210) 490-3096; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(3) COMPANY: City of Angleton; DOCKET NUMBER: 2007-1660-MWD-E; IDENTIFIER: RN102179785; LOCATION: Brazoria County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010548004, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for carbonaceous biochemical oxygen demand and ammonia nitrogen; PENALTY: $11,250; Supplemental Environmental Project (SEP) offset amount of $9,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(4) COMPANY: Arbor Care, Inc.; DOCKET NUMBER: 2007-1583-MSW-E; IDENTIFIER: RN104893987; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: wood recycling; RULE VIOLATED: 30 TAC §37.921 and §328.5(d), by failing to establish and maintain financial assurance for the closure of a recycling facility that stores combustible materials outdoors; and 30 TAC §328.5(f)(1), by failing to maintain records demonstrating compliance with 30 TAC §328.4, recycling rates and storage limitation; PENALTY: $4,415; ENFORCEMENT COORDINATOR: Clinton Sims, (512) 239-6933; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(5) COMPANY: Aus-Tex Parts & Services, Ltd.; DOCKET NUMBER: 2007-1710-MWD-E; IDENTIFIER: RN102314218; LOCATION: Hays County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0014060001, Interim Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with its permitted effluent limits for total suspended solids (TSS); and 30 TAC §305.125(17) and TPDES Permit Number WQ0014060001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $7,000; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(6) COMPANY: David Zulejkic dba Buffalo Ridge Mobile Home Community; DOCKET NUMBER: 2007-1498-PWS-E; IDENTIFIER: RN102322286; LOCATION: Johnson County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.43(d)(9), by failing to maintain three or less pressure tanks at any one time unless prior approval has been granted; 30 TAC §290.43(c), by failing to cover and design, fabricate, erect, test and disinfect in strict accordance with current American Water Works Association standards all facilities for potable water storage; 30 TAC §290.45(b)(1)(F)(iv), by failing to provide a pressure tank capacity of 20 gallons per connection; 30 TAC §290.46(e), by failing to have the public water system operated at all times under the direct supervision of a TCEQ licensed water works operator; and 30 TAC §290.46(f)(2), by failing to have operating records accessible for review during inspection; PENALTY: $4,690; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(7) COMPANY: Option 1 Realty Group, LP dba Farmers Row Development; DOCKET NUMBER: 2008-0026-WQ-E; IDENTIFIER: RN105331284; LOCATION: Corpus Christi, Nueces 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: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(8) COMPANY: Byron Cory; DOCKET NUMBER: 2007-1172-WQ-E; IDENTIFIER: RN101612489; LOCATION: El Paso, El Paso County, Texas; TYPE OF FACILITY: commercial truck washing; RULE VIOLATED: 30 TAC §305.42(a), by failing to obtain a multi sector general permit prior to allowing a commercial truck washing facility operation; and 30 TAC §26.0135(h) and the Code, §5.702, by failing to pay consolidated water quality fees and water quality assessment fees; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Libby Hogue, (512) 239-1165; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1206, (913) 834-4949.
(9) COMPANY: Dallas Area Rapid Transit dba DART East Dallas Support Services Overhaul Shop; DOCKET NUMBER: 2007-1501-PST-E; IDENTIFIER: RN100662550; LOCATION: Dallas, Dallas County, Texas; TYPE OF FACILITY: repair shop; RULE VIOLATED: 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(10) COMPANY: Dixie Gas Station, Inc. dba Dixie Gas Station; DOCKET NUMBER: 2008-0025-PST-E; IDENTIFIER: RN101953925; LOCATION: Addison, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; PENALTY: $3,500; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(11) COMPANY: Equistar Chemicals, LP; DOCKET NUMBER: 2007-0493-AIR-E; IDENTIFIER: RN100542281; LOCATION: Channelview, Harris County, Texas; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §101.20(2) and §122.143(4), Federal Operating Permit (FOP) Number O-02181, Special Terms and Conditions (STC) 1.A., 40 Code of Federal Regulations (CFR) §63.127(b)(2), and THSC, §382.085(b), by failing to demonstrate the use of a continuous monitoring recorder; 30 TAC §115.244 and §122.143(4), FOP Number O-02181, STC 6.C.iv., and THSC, §382.085(b), by failing to perform daily inspections of the fuel dispensing facilities; 30 TAC §115.212(a)(3)(A)(ii) and §122.143(4), FOP Number O-02181, STC 1.A. and 6.B.ii., and THSC, §382.085(b), by failing to provide proper emissions control for waste material; 30 TAC §117.206(i) and §122.143(4), FOP Number O-02181, STC 1.A. and 7.A., and THSC, §382.085(b), by failing to comply with restrictions on engine operating hours in an ozone nonattainment area; 30 TAC §117.219(f)(10) and §122.143(4), FOP Number O-02181, STC 1.A. and 7.E., and THSC, §382.085(b), by failing to record the start and stop times of a diesel engine operating in an ozone nonattainment area; 30 TAC §115.144(4)(A), FOP Number O-02181, STC 1.A., and THSC, §382.085(b), by failing to demonstrate volatile organic compound (VOC) reduction efficiency; 30 TAC §115.725(d)(1) and THSC, §382.085(b), by failing to timely conduct flare analyzer calibrations; 30 TAC §101.20(2), 40 CFR §63.10(d)(5)(i), and THSC, §382.085(b), by failing to comply with the requirements of malfunction reporting for the wastewater steam stripper; 30 TAC §§101.20(1), 101.20(2), 115.352(4), 116.115(c), and 122.143(4), 40 CFR §60.482-6(a)(2) and §63.167(a)(1), FOP Number O-02181, STC 1.A. and 22., New Source Review (NSR) Permit 2128, Special Condition (SC) 8.E., and THSC, §382.085(b), by failing to equip open ended lines with a cap, blind flange, plug, or a second valve; 30 TAC §116.115(c) and §122.143(4), NSR Permit 22779, SC 8.E., FOP Number O-02177, STC 1.A. and 10., and THSC, §382.085(b), by failing to cap four open-ended lines; 30 TAC §116.115(c) and §122.143(4), NSR Permit Number 22779, SC 6.A., FOP Number O-02177, STC 1.A. and 10., and THSC, §382.085(b), by failing to operate the flare within the required heat input of 300 British thermal units per standard cubic foot; 30 TAC §115.726(d)(3) and §122.143(4), FOP Number O-02177, STC 1.J.(ii), and THSC, §382.085(b), by failing to report corrective actions within the required time frame; 30 TAC §115.725(d)(2) and §122.143(4), FOP Number O-02177, STC Number 1J(ii), and THSC, §382.085(b), by failing to calibrate the poly butadiene unit flare analyzer; 30 TAC §122.121 and THSC, §382.054 and §382.085(b), by failing to obtain authorization for emissions sources and their associated emissions prior to operation; 30 TAC §116.115(b)(2)(F) and §122.143(4), NSR Permit 49120, SC 1, FOP Number O-02177, STC 10, and THSC, §382.085(b), by failing to comply with permitted emissions limits; 30 TAC §115.136(a)(1) and §122.143(4), FOP Number O-02177, STC 1.A., and THSC, §382.085(b), by failing to maintain sufficient records to demonstrate continuous compliance with VOC water separator exemption criteria; 30 TAC §116.115(c) and §122.143(4), NSR Permit 22779, SC 8.I., FOP Number O-02177, STC 1.A. and 10., and THSC, §382.085(b), by failing to repair a leaking valve during a scheduled shutdown; 30 TAC §122.132(a), FOP Number O-02178, General Terms and Conditions, and THSC, §382.085(b), by failing to include permits by rule claims in a FOP; 30 TAC §§115.112(a)(3), 116.115(c), and 122.143(4), FOP Number O-02178, STC 1.A. and 10., NSR Permit 24677, SC 1., and THSC, §382.085(b), by exceeding permitted emissions limits for tank TK-2810; 30 TAC §116.115(c) and §122.143(4), FOP Number O-02178, STC 10., NSR Permit 24677, SC 11.F. and 13., and THSC, §382.085(b), by failing to install rupture discs and pressure gauges on three safety relief valves; 30 TAC §116.116(b)(1) and §122.143(4), FOP Number O-02178, STC 10., and THSC, §382.085(b), by failing to accurately represent operating temperatures; 30 TAC §116.115(c) and §122.143(4), FOP Number O-02178, STC 10., NSR Permit 24677, SC 9.C., and THSC, §382.085(b), by failing to perform closed loop cumene sampling; 30 TAC §117.213(a) and §122.143(4), FOP Number O-02178, STC 1.A., and THSC, §382.085(b), by failing to maintain continuous records of fuel flow; and 30 TAC §111.111(a)(1)(B) and §122.143(4), FOP Number O-02178, STC 3., and THSC, §382.085(b), by failing to prevent visible emissions; PENALTY: $227,893; Supplemental Environmental Project (SEP) offset amount of $91,158 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(12) COMPANY: City of Evant; DOCKET NUMBER: 2007-1291-PWS-E; IDENTIFIER: RN101396802; LOCATION: Evant, Coryell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1) and §290.122(a)(2), by failing to institute all necessary "Special Precautions"; 30 TAC §290.46(r), by failing to operate the water system to provide a minimum pressure of 35 pounds per square inch throughout the distribution system; 30 TAC §290.110(b)(4), by failing to maintain the residual disinfectant concentration in the far reaches of the distribution system at a minimum of 0.2 milligrams per liter free chlorine; 30 TAC §290.41(c)(3)(O) and §290.43(e), by failing to provide an intruder resistant fence or lockable building to protect the well and ground storage tanks; and 30 TAC §290.42(e)(5), by failing to house the hypochlorination solution containers properly to prevent vandalism and the entrance of dust, insects, and other contaminants; PENALTY: $2,095; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2300, Waco, Texas 76710-7826, (254) 751-0335.
(13) COMPANY: City of Gorman; DOCKET NUMBER: 2007-1683-MWD-E; IDENTIFIER: RN101917516; LOCATION: Eastland County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10091001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limits for five-day biochemical oxygen demand and TSS; and 30 TAC §305.125(17) and TPDES Permit Number 10091001, Sludge Provisions, by failing to submit monitoring results at the intervals specified in the permit; PENALTY: $5,022; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.
(14) COMPANY: Granite Construction Company; DOCKET NUMBER: 2008-0032-WR-E; IDENTIFIER: RN104645205; LOCATION: Lubbock, Lubbock County, Texas; TYPE OF FACILITY: construction; RULE VIOLATED: the Code, §11.081 and §11.121, by impounding, diverting, or using state water without a required permit; PENALTY: $350; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 4630 50th Street, Suite 600, Lubbock, Texas 79414-3520, (806) 796-7092.
(15) COMPANY: City of Gregory; DOCKET NUMBER: 2007-1627-PWS-E; IDENTIFIER: RN101384956; LOCATION: Gregory, San Patricio County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(f)(3) and (f)(4), by failing to secure a water purchase contract; and 30 TAC §290.43(e), by failing to provide an intruder-resistant fence; PENALTY: $165; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(16) COMPANY: Gulf Chemical & Metallurgical Corporation; DOCKET NUMBER: 2007-1520-AIR-E; IDENTIFIER: RN100210129; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: secondary nonferrous metals smelting and refining plant; RULE VIOLATED: 30 TAC §116.115(c), Permit Number 19793 SC Number 1, and THSC, §382.085(b), by failing to comply with the allowable emission limit of 0.32 pounds per hour (lbs/hr) for VOCs; 30 TAC §116.615(2), Standard Permit Number 36867, General Conditions, and THSC, §382.085(b), by failing to comply with the allowable emission limit of 0.51 lbs/hr for particulate matter (PM); 30 TAC §116.615(6), Standard Permit Number 36867, General Conditions, and THSC, §382.085(b), by failing to demonstrate removal efficiency of the electric arc furnace east scrubber stack; 30 TAC §116.615(6), Standard Permit Number 36867, General Conditions, and THSC, §382.085(b), by failing to demonstrate removal efficiency of the electric arc furnace west scrubber stack; PENALTY: $31,050; Supplemental Environmental Project (SEP) offset amount of $12,420 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(17) COMPANY: International Paper Company; DOCKET NUMBER: 2007-1253-AIR-E; IDENTIFIER: RN100543073; LOCATION: Corrigan, Polk County, Texas; TYPE OF FACILITY: softwood veneer and plywood; RULE VIOLATED: 30 TAC §116.115(b)(2)(F), Air Permit Number 48786, General Condition 8, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limits for PM; PENALTY: $14,375; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(18) COMPANY: Joshua Investments, L.L.C. dba Regalado Exxon; DOCKET NUMBER: 2008-0028-PST-E; IDENTIFIER: RN100534346; LOCATION: Laredo, Webb County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $875; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(19) COMPANY: Lumberton Municipal Utilities District; DOCKET NUMBER: 2007-1727-PWS-E; IDENTIFIER: RN102678927; LOCATION: Lumberton, Hardin County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1) and §290.122(a)(2)(A), by failing to issue a boil water notification to customers of the water system; and 30 TAC §290.46(b) and §290.46(q)(2) and THSC, §341.033(b), by failing to collect water samples for microbiological analysis; PENALTY: $900; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(20) COMPANY: Merisol USA LLC; DOCKET NUMBER: 2007-1621-AIR-E; IDENTIFIER: RN100214576; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: cresylic acid production; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-01254, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to submit an annual compliance certification; and 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O-01254, GTC, and THSC, §382.085(b), by failing to submit a semi-annual deviation report; PENALTY: $6,150; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(21) COMPANY: Nabors Well Services Ltd.; DOCKET NUMBER: 2008-0030-WQ-E; IDENTIFIER: RN105359624; LOCATION: Pecos County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(22) COMPANY: Tony Parrish; DOCKET NUMBER: 2008-0031-WOC-E; IDENTIFIER: RN103310173; LOCATION: Quinlan, Hunt County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §30.5(a), by failing to obtain a required occupational license; PENALTY: $210; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(23) COMPANY: Port Terminal Railroad Association; DOCKET NUMBER: 2007-1746-MWD-E; IDENTIFIER: RN102800356; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 11773001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permit effluent limits for TSS; PENALTY: $2,840; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(24) COMPANY: Matias G. Quintanilla; DOCKET NUMBER: 2007-1864-WOC-E; IDENTIFIER: RN104237276; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: operator; RULE VIOLATED: 30 TAC §§30.5(a), 30.24(r), and 30.331(b), and the Code, §26.0301 and §37.003, by failing to renew a wastewater treatment plant operator license; PENALTY: $250; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(25) COMPANY: River Oaks Country Club; DOCKET NUMBER: 2008-0040-PST-E; IDENTIFIER: RN100907674; LOCATION: Harris County, Texas; TYPE OF FACILITY: country club with fleet refueling; RULE VIOLATED: 30 TAC §334.50(b)(1)(A), by failing to provide release detection; 30 TAC §334.50(d)(1)(B), by failing to implement inventory control methods; and 30 TAC §334.8(c)(5)(A)(i), by failing to possess a valid TCEQ delivery certificate prior to receiving fuel; PENALTY: $4,375; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(26) COMPANY: SI Group, Inc.; DOCKET NUMBER: 2007-1461-AIR-E; IDENTIFIER: RN100218999; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: industrial organic chemical manufacturing plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.146(2), FOP Number O-01431, GTC, and THSC, §382.085(b), by failing to submit the permit compliance certification; PENALTY: $5,700; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(27) COMPANY: Signature Flight Support Corporation; DOCKET NUMBER: 2008-0027-WQ-E; IDENTIFIER: RN103062071; LOCATION: Nueces County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
(28) COMPANY: Texas Barge & Boat, Inc.; DOCKET NUMBER: 2007-1482-AIR-E; IDENTIFIER: RN102037959; LOCATION: Freeport, Brazoria County, Texas; TYPE OF FACILITY: barge cleaning, repairing, painting, and abrasive blasting plant; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(C), FOP Number O-01698, GTC, and THSC, §382.085(b), by failing to report a deviation; PENALTY: $3,600; ENFORCEMENT COORDINATOR: Trina Grieco, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.
(29) COMPANY: The Premcor Refining Group Inc.; DOCKET NUMBER: 2007-1455-AIR-E; IDENTIFIER: RN102584026; LOCATION: Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §101.201(a)(2)(F) and §122.143(4), FOP Number O-1498, GTC, and THSC, §382.085(b), by failing to properly report an emissions event; 30 TAC §116.115(c) and §122.143(4), FOP Number O-1498, STC, and Special Condition 18A, Air Permit 7600A, Special Condition 1, and THSC, §382.085(b), by failing to properly operate tank 283 and tank 284; and 30 TAC §§101.20(3), 116.115(b)(2)(F), 116.715(a), 116.715(c)(7), and 122.143(4), FOP Number O-1498, GTC, and Special Condition 18A, Air Permits 6825A/PSD-TX-49, Special Condition 5A and 7600A, Special Condition 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $64,641; Supplemental Environmental Project (SEP) offset amount of $32,320 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.
(30) COMPANY: Z Q Inc. dba Max Mart; DOCKET NUMBER: 2007-1535-PST-E; IDENTIFIER: RN102485976; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(a)(1)(A) and the Code, §26.3475(c)(1), by failing to provide a method of release detection capable of detecting a release from any portion of the UST system; 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and make them available for the inspection upon request; 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding USTs; 30 TAC §334.8(c)(4)(B), by failing to ensure that the UST registration and self-certification form is fully and accurately completed and submitted; 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: $4,500; ENFORCEMENT COORDINATOR: Philip DeFrancesco, (817) 588-5800; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
TRD-200800486
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 29, 2008
A default order was entered regarding BASN Corporation DBA Swif T Food Store, Docket No. 2003-1089-PST-E on January 17, 2008 assessing $3,750 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jim Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Derdeyn/Ford, Inc., Docket No. 2003-0413-MWD-E on January 17, 2008 assessing $41,933 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Alfred Oloko, Staff Attorney at (713) 422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lonestar Aquafarms, Ltd., Docket No. 2005-1063-IWD-E on January 17, 2008 assessing $3,048 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Xavier Guerra, Staff Attorney at (210) 403-4016, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Econo Lube N' Tune, Inc., Docket No. 2005-1909-PST-E on January 17, 2008 assessing $6,825 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Barham Richard, Staff Attorney at (512) 239-0107, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Speedy Stop Food Stores, Ltd. dba Speedy Stop #92, Docket No. 2005-1925-MLM-E on January 17, 2008 assessing $29,625 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kari Gilbreth, Staff Attorney at (512) 239-1320, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Antonio Vera and Roman Vera dba Jessie's Drive Thru, Docket No. 2005-1960-PST-E on January 17, 2008 assessing $1,050 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Mark A. Mouton, Docket No. 2006-0095-OSI-E on January 17, 2008 assessing $960 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Westex Capital, LTD. dba Corner Store, Docket No. 2006-0411-PST-E on January 17, 2008 assessing $2,500 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Gulf Chemical & Metallurgical Corporation, Docket No. 2006-0583-AIR-E on January 17, 2008 assessing $154,275 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Alfred Oloko, Staff Attorney at (713) 422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aqua Texas, Inc. dba Country View Estates, Docket No. 2006-0801-MLM-E on January 17, 2008 assessing $2,202 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A default order was entered regarding Meldimaa Enterprise, Inc. dba Silverline Dry Cleaners, Docket No. 2006-1132-DCL-E on January 17, 2008 assessing $4,740 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Lena Roberts, Staff Attorney at (512) 239-0019, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Ha Young Shin dba Smile Cleaners, Docket No. 2006-1252-DCL-E on January 17, 2008 assessing $889 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bothina J. Al-Hussein dba Quality Cleaners, Docket No. 2006-1318-DCL-E on January 17, 2008 assessing $1,185 in administrative penalties with $237 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wholesale Cleaners, Inc. dba Meyerland Cleaners, Docket No. 2006-1514-DCL-E on January 17, 2008 assessing $1,185 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Mary Coleman, Staff Attorney at (817) 588-5917, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Solutia Inc., Docket No. 2006-1599-AIR-E on January 17, 2008 assessing $45,597 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Kathleen Decker, Staff Attorney at (512) 239-6500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Imran Khan dba Stop N Drive, Docket No. 2006-2179-PST-E on January 17, 2008 assessing $1,580 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Tracy Chandler, Staff Attorney at (512) 239-0629, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2007-0023-AIR-E on January 17, 2008 assessing $102,564 in administrative penalties with $20,512 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aqua Utilities, Inc. dba Aqua Texas, Inc., Docket No. 2007-0071-MWD-E on January 17, 2008 assessing $7,020 in administrative penalties with $1,404 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding INEOS USA LLC, Docket No. 2007-0370-AIR-E on January 17, 2008 assessing $217,000 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Angie G. Vasquez, Docket No. 2007-0399-PST-E on January 17, 2008 assessing $10,500 in administrative penalties with $6,003 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding LGI Land, Ltd., Docket No. 2007-0446-WR-E on January 17, 2008 assessing $1,312 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Severiano M. Anguiano, Docket No. 2007-0464-PST-E on January 17, 2008 assessing $5,500 in administrative penalties with $4,300 deferred.
Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Morgan's Point, Docket No. 2007-0564-MWD-E on January 17, 2008 assessing $7,955 in administrative penalties with $1,591 deferred.
Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding West Harris County Municipal Utility District 4, Docket No. 2007-0565-MWD-E on January 17, 2008 assessing $5,080 in administrative penalties with $1,016 deferred.
Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Big Tex Trailer Manufacturing, Inc., Docket No. 2007-0589-AIR-E on January 17, 2008 assessing $35,000 in administrative penalties with $7,000 deferred.
Information concerning any aspect of this order may be obtained by contacting Audra Ruble, Enforcement Coordinator at (361) 825-3126, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Live Oak Resort, Inc., Docket No. 2007-0644-PWS-E on January 17, 2008 assessing $2,572 in administrative penalties with $514 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Fayette County, Docket No. 2007-0665-MWD-E on January 17, 2008 assessing $2,469 in administrative penalties with $493 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bond-Coat, Inc., Docket No. 2007-0667-AIR-E on January 17, 2008 assessing $2,000 in administrative penalties with $400 deferred.
Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Todd Farber dba Garden Guy, Inc., Docket No. 2007-0671-LII-E on January 17, 2008 assessing $262 in administrative penalties with $52 deferred.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding M&T Natural Stone, Inc., Docket No. 2007-0707-WQ-E on January 17, 2008 assessing $29,760 in administrative penalties with $5,952 deferred.
Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Leona, Docket No. 2007-0708-PWS-E on January 17, 2008 assessing $2,437 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding WTG Gas Processing, L.P., Docket No. 2007-0722-AIR-E on January 17, 2008 assessing $46,291 in administrative penalties with $9,258 deferred.
Information concerning any aspect of this order may be obtained by contacting Jessica Rhodes, Enforcement Coordinator at (512) 239-2879, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Sabine Cogen, LP, Docket No. 2007-0781-AIR-E on January 17, 2008 assessing $15,730 in administrative penalties with $3,146 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Levelland, Docket No. 2007-0784-PST-E on January 17, 2008 assessing $4,050 in administrative penalties with $810 deferred.
Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Wise Ready Mix Concrete Company, Docket No. 2007-0785-IWD-E on January 17, 2008 assessing $2,500 in administrative penalties with $500 deferred.
Information concerning any aspect of this order may be obtained by contacting Cheryl Thompson, Enforcement Coordinator at (817) 588-5886, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Air Liquide Large Industries U.S. LP, Docket No. 2007-0791-IWD-E on January 17, 2008 assessing $8,250 in administrative penalties with $1,650 deferred.
Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rhodia Inc., Docket No. 2007-0799-IWD-E on January 17, 2008 assessing $5,430 in administrative penalties with $1,086 deferred.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2007-0811-AIR-E on January 17, 2008 assessing $5,375 in administrative penalties with $1,075 deferred.
Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Thompson Heights Development Company, Docket No. 2007-0813-MLM-E on January 17, 2008 assessing $1,260 in administrative penalties with $252 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding James Wayne Robinson, Docket No. 2007-0817-MWD-E on January 17, 2008 assessing $4,410 in administrative penalties with $882 deferred.
Information concerning any aspect of this order may be obtained by contacting Tom Jecha, Enforcement Coordinator at (512) 239-2576, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Stolthaven Houston, Inc., Docket No. 2007-0824-IWD-E on January 17, 2008 assessing $13,725 in administrative penalties with $2,745 deferred.
Information concerning any aspect of this order may be obtained by contacting Samuel Short, Enforcement Coordinator at (512) 239-5363, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Rogers, Docket No. 2007-0833-MWD-E on January 17, 2008 assessing $12,600 in administrative penalties with $2,520 deferred.
Information concerning any aspect of this order may be obtained by contacting Deana Holland, Enforcement Coordinator at (512) 239-2504, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Martin Leon Edwards dba Minnow Bucket Marina, Docket No. 2007-0836-MWD-E on January 17, 2008 assessing $2,400 in administrative penalties with $480 deferred.
Information concerning any aspect of this order may be obtained by contacting Harvey Wilson, Enforcement Coordinator at (512) 239-0321, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding PD Glycol LP, Docket No. 2007-0838-AIR-E on January 17, 2008 assessing $3,475 in administrative penalties with $695 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Teague, Docket No. 2007-0862-MWD-E on January 17, 2008 assessing $9,570 in administrative penalties with $1,914 deferred.
Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Seven Sanders Companies, Inc., Docket No. 2007-0868-MSW-E on January 17, 2008 assessing $5,690 in administrative penalties with $1,138 deferred.
Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 761-3038, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Bill Mayhew dba Wood Trail Water Supply, Docket No. 2007-0881-PWS-E on January 17, 2008 assessing $312 in administrative penalties with $62 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Darryl Wheeler dba Magnolia Lake RV Park, Docket No. 2007-0883-PWS-E on January 17, 2008 assessing $2,160 in administrative penalties with $432 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding ATC Leasing Company LLC, Docket No. 2007-0886-PST-E on January 17, 2008 assessing $11,250 in administrative penalties with $2,250 deferred.
Information concerning any aspect of this order may be obtained by contacting Phillip DeFrancesco, Enforcement Coordinator at (817) 588-5833, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Destructors, Inc., Docket No. 2007-0922-AIR-E on January 17, 2008 assessing $950 in administrative penalties with $190 deferred.
Information concerning any aspect of this order may be obtained by contacting Terry Murphy, Enforcement Coordinator at (512) 239-5025, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Farah Chaudhry dba Country Boy 2, Docket No. 2007-0933-PST-E on January 17, 2008 assessing $3,750 in administrative penalties with $750 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Chatt Water Supply Corporation, Docket No. 2007-0934-PWS-E on January 17, 2008 assessing $525 in administrative penalties with $105 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding A.K. Mittal dba Wes Texas Family Dining, Docket No. 2007-0946-PWS-E on January 17, 2008 assessing $249 in administrative penalties with $49 deferred.
Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Rushing Paving Company, Ltd., Docket No. 2007-0947-AIR-E on January 17, 2008 assessing $2,675 in administrative penalties with $535 deferred.
Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Aqua Utilities, Inc., Docket No. 2007-0954-PWS-E on January 17, 2008 assessing $1,490 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Christopher Keffer, Enforcement Coordinator at (512) 239-5610, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2007-0989-AIR-E on January 17, 2008 assessing $64,923 in administrative penalties with $12,984 deferred.
Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding City of Nederland, Docket No. 2007-0994-MWD-E on January 17, 2008 assessing $13,100 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Laurie Eaves, Enforcement Coordinator at (512) 239-4495, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Lindsey Contractors, Inc., Docket No. 2007-1036-WQ-E on January 17, 2008 assessing $6,000 in administrative penalties with $1,200 deferred.
Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding R.C. Smith Companies, Ltd., Docket No. 2007-1037-MSW-E on January 17, 2008 assessing $2,250 in administrative penalties with $450 deferred.
Information concerning any aspect of this order may be obtained by contacting Cynthia Mckaughan, Enforcement Coordinator at (512) 239-0735, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2007-1051-PWS-E on January 17, 2008 assessing $2,835 in administrative penalties with $567 deferred.
Information concerning any aspect of this order may be obtained by contacting Epifanio Villareal, Enforcement Coordinator at (210) 403-4033, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Penn-Cal, L.L.C. and Glen Simonton dba Kuiper Dairy, Docket No. 2007-1057-AGR-E on January 17, 2008 assessing $2,320 in administrative penalties with $464 deferred.
Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2007-1072-PWS-E on January 17, 2008 assessing $1,417 in administrative penalties with $283 deferred.
Information concerning any aspect of this order may be obtained by contacting Yuliya Dunaway, Enforcement Coordinator at (210) 490-3096, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Town of Woodsboro, Docket No. 2007-1081-MWD-E on January 17, 2008 assessing $1,050 in administrative penalties with $210 deferred.
Information concerning any aspect of this order may be obtained by contacting Heather Brister, Enforcement Coordinator at (512) 239-1203, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Fiberglass Specialties, Inc., Docket No. 2007-1094-AIR-E on January 17, 2008 assessing $770 in administrative penalties with $154 deferred.
Information concerning any aspect of this order may be obtained by contacting Miriam Hall, Enforcement Coordinator at (512) 239-1044, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding David Dodier, Docket No. 2007-1103-PST-E on January 17, 2008 assessing $1,000 in administrative penalties with $200 deferred.
Information concerning any aspect of this order may be obtained by contacting Elvia Maske, Enforcement Coordinator at (512) 239-0789, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding TOTAL PETROCHEMICALS USA, INC., Docket No. 2007-1139-AIR-E on January 17, 2008 assessing $7,750 in administrative penalties with $1,550 deferred.
Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 767-3553, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Stephen P. Fey, Docket No. 2007-1167-LII-E on January 17, 2008 assessing $500 in administrative penalties with $100 deferred.
Information concerning any aspect of this order may be obtained by contacting Judy Kluge, Enforcement Coordinator at (817) 588-5825, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-1510-AIR-E on January 17, 2008 assessing $10,266 in administrative penalties with $2,053 deferred.
Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Cliff J. Chambers, Docket No. 2007-1396-OSI-E on January 17, 2008 assessing $175 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Sandra L. Hales, Docket No. 2007-1364-WOC-E on January 17, 2008 assessing $210 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
A field citation was entered regarding Earth Haulers, Inc., Docket No. 2007-1362-WQ-E on January 17, 2008 assessing $875 in administrative penalties.
Information concerning any aspect of this citation may be obtained by contacting Melissa Keller, SEP Coordinator at (512) 239-1768, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
An order was entered regarding Chico Auto Parts & Service, Inc., Docket No. 2006-0901-MLM-E on January 17, 2008 assessing $7,350 in administrative penalties.
Information concerning any aspect of this order may be obtained by contacting Michael Meyer, Enforcement Coordinator at (512) 239-4492, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.
TRD-200800539
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 30, 2008
GENERAL PERMIT TXG830000:
The Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew a general permit (Texas Pollutant Discharge Elimination System Permit No. TXG830000) authorizing the discharge of water contaminated by petroleum fuel or petroleum substances into or adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Section 26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft renewal with amendments of an existing general permit that authorizes the discharge of water contaminated by petroleum fuel or petroleum substances. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The Executive Director proposes to require regulated dischargers to submit a Notice of Intent (NOI) to obtain authorization for some discharges.
The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits.html.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.
Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register.
APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the Commission will consider approval of the general permit. The Commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. This draft permit was previously noticed and the initial comment period ended on June 18, 2007. The comments received during the initial comment period will also be addressed in the response. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commissioner's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
GENERAL PERMIT WQG200000:
The Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew a general permit (TCEQ Permit No. WQG200000) authorizing the disposal of wastewater generated by manure compost operations adjacent to water in the state. The proposed general permit applies to the entire state of Texas. General permits are authorized by Section 26.040 of the Texas Water Code.
PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft renewal with amendments of an existing general permit that authorizes the disposal of wastewater generated by manure compost operations. The Executive Director proposes to require regulated facilities to submit a Notice of Intent (NOI) to obtain authorization for disposal.
The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.
A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ Office of the Chief Clerk located at the TCEQ's Austin office, at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ website at http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits.html.
PUBLIC COMMENT / PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.
Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register.
APPROVAL PROCESS. After the comment period, the Executive Director will consider all the public comments and prepare a written response. The response will be filed with the TCEQ Office of the Chief Clerk at least 10 days before the scheduled Commission meeting when the Commission will consider approval of the general permit. The Commission will consider all public comment in making its decision and will either adopt the Executive Director's response or prepare its own response. This draft permit was previously noticed and the initial comment period ended on September 17, 2007. The Commission will issue its written response on the general permit at the same time the Commission issues or denies the general permit. A copy of any issued general permit and response to comments will be made available to the public for inspection at the agency's Austin and regional offices. A notice of the Commission's action on the proposed general permit and a copy of its response to comments will be mailed to each person who made a comment. Also, a notice of the Commission's action on the proposed general permit and the text of its response to comments will be published in the Texas Register.
GENERAL INFORMATION:
MAILING LISTS. In addition to submitting public comments, you may ask to be placed on a mailing list to receive future public notices mailed by the Office of the Chief Clerk. You may request to be added to: (1) the mailing list for a specific general permit; (2) the permanent mailing list for a specific applicant name and permit number; and/or (3) the permanent mailing list for a specific county. Clearly specify the mailing lists to which you wish to be added and send your request to the TCEQ Office of the Chief Clerk at the address above. Unless you otherwise specify, you will be included only on the mailing list for the specific general permit.
INFORMATION. If you need more information about these general permits 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.
Further information may also be obtained by calling the TCEQ's Water Quality Division, Industrial Permits Team, at (512) 239-4671.
Si desea información en Español, puede llamar 1-800-687-4040.
TRD-200800360
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 28, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) announces the availability of the draft January 2008 Update to the Water Quality Management Plan for the State of Texas (draft WQMP update).
The Water Quality Management Plan (WQMP) is developed and promulgated in accordance with the requirements of Federal Clean Water Act, §208. The draft WQMP update includes projected effluent limits of indicated domestic dischargers useful for water quality management planning in future permit actions. Once the commission certifies a WQMP update, the update is submitted to the United States Environmental Protection Agency (EPA) for approval. For some Texas Pollutant Discharge Elimination System (TPDES) permits, the EPA's approval of a corresponding WQMP update is a necessary precondition to TPDES permit issuance by the commission. The draft WQMP update may contain service area populations for listed wastewater treatment facilities and designated management agency information.
A copy of the draft January 2008 WQMP update may be found on the commission's Web site located at http://www.tceq.state.tx.us/nav/eq/eq_wqmp.html . A copy of the draft may also be viewed at the TCEQ Library, Building A, 12100 Park 35 Circle, Austin, Texas.
Written comments on the draft WQMP update may be submitted to Nancy Vignali, Texas Commission on Environmental Quality, Water Quality Division, MC 150, P.O. Box 13087, Austin, Texas 78711-3087. Comments may also be faxed to (512) 239-4420, but must be followed up with the submission and receipt of the written comments within three working days of when they were faxed. Written comments must be submitted no later than 5:00 p.m. on March 10, 2008. For further information or questions, please contact Ms. Vignali at (512) 239-1303 or by e-mail at nvignali@tceq.state.tx.us.
TRD-200800473
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: January 29, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the 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 A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the attorney designated for the AO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 10, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The designated attorney is available to discuss the AO and/or the comment procedure at the listed phone number; however, §7.075 provides that comments on an AO shall be submitted to the commission in writing.
(1) COMPANY: Bradley S. McClure and Heather L. McClure; DOCKET NUMBER: 2006-0921-MSW-E; TCEQ ID NUMBER: RN104899166; LOCATION: 261 Bronco Drive, Abilene, Taylor County, Texas; TYPE OF FACILITY: tire transporter service; RULES VIOLATED: 30 TAC §328.60(a) and Texas Health and Safety Code (THSC), §361.112(a), by failing to obtain a tire storage site registration as required; 30 TAC §328.58(f)(1) and (2) and §328.57(c)(2), by failing to provide documentation used to support activities related to the accumulation, handling, and shipment of used or scrap tires and by failing to maintain complete and accurate manifests; and 30 TAC §328.54(d), by failing to have a trailer used for transporting used or scrap tires properly identified; PENALTY: $2,005; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(2) COMPANY: Centurion Pipeline L.P.; DOCKET NUMBER: 2006-0984-AIR-E; TCEQ ID NUMBER: RN100216456; LOCATION: 2200 East County Road 90, Midland, Midland County, Texas; TYPE OF FACILITY: tank farm; RULES VIOLATED: 30 TAC §122.145(2)(B) and THSC, §382.085(b), by failing to submit deviation reports for the reporting periods of February 1 - June 12, 2005 and June 13 - December 12, 2006; and 30 TAC §122.146(2) and THSC, §382.085(b), by failing to timely submit the annual permit compliance certifications for the February 1, 2004 - January 31, 2005 and June 13, 2005 - June 12, 2006 compliance periods; PENALTY: $7,650; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
(3) COMPANY: Circle K Stores, Inc.; DOCKET NUMBER: 2006-1312-AIR-E; TCEQ ID NUMBER: RN102777497; LOCATION: 1500 George Dieter Drive, El Paso, El Paso County, Texas; TYPE OF FACILITY: gasoline dispensing station; RULES VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the maximum 7.0 pounds per square inch absolute Reid Vapor Pressure requirements during the control period of June 1 - September 16, 2006; PENALTY: $1,000; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
(4) COMPANY: Don Pressly Jr.; DOCKET NUMBER: 2006-2099-PST-E; TCEQ ID NUMBER: RN101555738; LOCATION: 4009 Lee Street, Greenville, Hunt County, Texas; TYPE OF FACILITY: temporarily out-of-service petroleum storage tank facility; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing underground storage tank system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; PENALTY: $8,400; STAFF ATTORNEY: Xavier Guerra, Litigation Division, MC R-13, (210) 403-4016; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2006-0875-AIR-E; TCEQ ID NUMBER: RN102579307; LOCATION: 2800 Decker Drive, Baytown, Harris County, Texas; TYPE OF FACILITY: oil refining and supply company; RULES VIOLATED: 30 TAC §116.715(a), THSC, §382.085(b), and Flexible Permit Number 18287, Special Condition Number 1, by failing to prevent an avoidable emissions event in the CLEU3 on February 19, 2006 that lasted five minutes, releasing 9,090 pounds of the highly reactive volatile organic compound ethylene; PENALTY: $10,000; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: K. B. Master Cleaners, Inc. dba KB Master Cleaners; DOCKET NUMBER: 2006-1408-DCL-E; TCEQ ID NUMBER: RN104995139; LOCATION: 15210 Spring Cypress Road, Suite A, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102, by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; and 30 TAC §337.14(c) and Texas Water Code, §5.702, by failing to pay outstanding dry cleaning fees and associated late fees for TCEQ Financial Account Number 24003847 for Fiscal Years 2004 - 2006; PENALTY: $1,185; STAFF ATTORNEY: Dinniah M. Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Walnut Creek Special Utility District; DOCKET NUMBER: 2007-0782-PWS-E; TCEQ ID NUMBER: RN101190056; LOCATION: 1150 Highway 199, Springtown, Parker County, Texas; TYPE OF FACILITY: public water system; RULES VIOLATED: 30 TAC §290.45(e)(1) and (2) and §290.45(b)(2)(B), THSC, §341.0315(c), and Agreed Order Docket Number 2004-0494-PWS-E, Ordering Provision 2.a.i., by failing to provide adequate production capacity and treatment plant capacity for the retail and wholesale connections under normal rated design flow; PENALTY: $2,000; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: Wilke Tire Service, Inc.; DOCKET NUMBER: 2006-2059-MSW-E; TCEQ ID NUMBER: RN104150289; LOCATION: 1202 South Port Avenue, Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: tire maintenance shop that generates and transports scrap tires; RULES VIOLATED: 30 TAC §328.56(d)(2) and THSC, §361.112(a), by failing to obtain a scrap tire storage registration required for generators who store more than 500 used or scrap tires on the ground; and 30 TAC §328.56(b), by failing to ensure that scrap tires or scrap tire pieces were transported to an authorized facility; PENALTY: $5,250; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Corpus Christi Regional Office, 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.
TRD-200800481
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 29, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is March 10, 2008. The commission will consider any written comments received and the commission may withdraw or withhold approval of a DO if a comment discloses facts or considerations that indicate that consent to the proposed DO is inappropriate, improper, inadequate, or inconsistent with the requirements of the statutes and rules within the commission's jurisdiction, or the commission's orders and permits issued in accordance with the commission's regulatory authority. Additional notice of changes to a proposed DO is not required to be published if those changes are made in response to written comments.
A copy of each proposed DO is available for public inspection at both the commission's central office, located at 12100 Park 35 Circle, Building A, 3rd Floor, Austin, Texas 78753, (512) 239-3400 and at the applicable regional office listed as follows. Written comments about the DO should be sent to the attorney designated for the DO at the commission's central office at P.O. Box 13087, MC 175, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 10, 2008. Comments may also be sent by facsimile machine to the attorney at (512) 239-3434. The commission's attorneys are available to discuss the DOs and/or the comment procedure at the listed phone numbers; however, §7.075 provides that comments on the DOs shall be submitted to the commission in writing.
(1) COMPANY: Cindy Henderson and Melvin Henderson; DOCKET NUMBER: 2007-1782-MLM-E; TCEQ ID NUMBER: RN105193940; LOCATION: 10491 Wingfield Drive, Lumberton, Hardin County, Texas; TYPE OF FACILITY: property that includes an unauthorized disposal site; RULES VIOLATED: 30 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 waste; PENALTY: $6,700; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(2) COMPANY: David P. Derdeyn; DOCKET NUMBER: 2007-0848-WOC-E; TCEQ ID NUMBER: RN103856449; LOCATION: 509 Tejas Road, Jefferson, Marion County, Texas; TYPE OF FACILITY: public water system (PWS); RULES VIOLATED: 30 TAC §30.381(b) and §30.5(a) and Texas Water Code (TWC), §37.003, by failing to obtain a valid PWS operator license prior to performing process duties in the production, treatment, and distribution of public drinking water; PENALTY: $1,875; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(3) COMPANY: Joseph Sandoval dba Plaza Mobile Home Park; DOCKET NUMBER: 2006-0531-MLM-E; TCEQ ID NUMBER: RN104942107; LOCATION: 811 Corrinne Drive, San Antonio, Bexar County, Texas; TYPE OF FACILITY: PWS; RULES VIOLATED: 30 TAC §291.101(a) and TWC, §13.242(a), by failing to obtain a certificate of convenience and necessity from the commission prior to rendering retail water service to the public; 30 TAC §291.21(a) and TWC, §13.190, by failing to obtain an approved tariff from the commission prior to demanding and collecting monetary compensation for providing retail water and wastewater service; 30 TAC §290.109(c)(2)(A)(ii) and §290.122(c)(2)(A) and THSC, §341.033(d), by failing to perform routine monthly bacteriological sampling of the PWS and by failing to provide public notification of the failure to conduct monthly bacteriological sampling during the months of May and June - October 2006; and 30 TAC §290.51(a)(3) and TWC, §5.702, by failing to pay all annual and late Public Health Service fees for TCEQ Financial Administration Account Number 90150552; PENALTY: $3,207; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(4) COMPANY: Joseph Yarbrough; DOCKET NUMBER: 2005-0463-AIR-E; TCEQ ID NUMBER: RN104384649; LOCATION: 1425 Canyon Road, Graham, Young County, Texas; TYPE OF FACILITY: residential property; RULES VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general outdoor burning prohibitions by burning metal panels, metal siding, couch springs, a television picture tube, wire, metal screens, pipes, and other metal objects at the site; PENALTY: $1,050; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(5) COMPANY: Royal Superior Corporation dba 1.25 Expert Cleaners dba Super Cleaner and dba Super Cleaners aka 1.25 Expert Cleaners; DOCKET NUMBER: 2006-1410-DCL-E; TCEQ ID NUMBERS: RN103957726, RN103957809, RN103955894, RN103955902, and RN100559566; LOCATIONS: 8959 Westheimer Road, 10510B Beechnut Street, 5858 South Gessner Drive, Suite 140, 5713 Fondren Road, and 6569 West Bellfort Street, Houston, Harris County, Texas; TYPE OF FACILITIES: dry cleaning and/or drop station facilities; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102(a), by failing to complete and submit the required registration form to the TCEQ for a dry cleaner and/or drop station facility for all of the facilities; PENALTY: $5,948; STAFF ATTORNEY: Tracy Chandler, Litigation Division, MC 175, (512) 239-0629; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(6) COMPANY: Triple A Dump Truck Service, L.L.C.; DOCKET NUMBER: 2006-0076-MSW-E; TCEQ ID NUMBER: RN101566120; LOCATION: 4 1/2 miles north on Western Road, Hidalgo County, Texas; TYPE OF FACILITY: dump truck and solid waste transport service; RULES VIOLATED: 30 TAC §330.15(c) and §330.103(b), by failing to prevent the unauthorized disposal of municipal solid waste; PENALTY: $4,200; STAFF ATTORNEY: Laurencia Fasoyiro, Litigation Division, MC R-12, (713) 422-8914; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(7) COMPANY: Troy Brown; DOCKET NUMBER: 2007-0982-PST-E; TCEQ ID NUMBER: RN101891877; LOCATION: 2162 United States Highway 259 South, Dianna, Upshur County, Texas; TYPE OF FACILITY: out-of-service gasoline station; RULES VIOLATED: 30 TAC §334.47(a)(2) and §334.54(b), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, four underground storage tanks for which any applicable component of the system is not brought into timely compliance with the upgrade requirements and by failing to maintain all piping, pump, manways, tank access points, and auxiliary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent vandalism by unauthorized persons; and 30 TAC §334.7(d)(3), by failing to provide written notice of any change or additional information within 30 days from the date of the occurrence of the change or addition; PENALTY: $8,925; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
TRD-200800482
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: January 29, 2008
The following notices were issued during the period of January 10, 2008 through January 31, 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
A K INTERESTS HUNTERWOOD LP has applied for a renewal of Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0011066001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located at 5830 South Lake Houston Parkway approximately 1.5 miles south/southeast of the intersection of Farm-to-Market Road 526 and U.S. Highway 90 and approximately 10.5 miles northeast of the Harris County courthouse in downtown Houston in Harris County, Texas.
AUC GROUP LP has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit, proposed TPDES Permit No. WQ0014844001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 75,000 gallons per day. The facility will be located approximately 600 feet west of the intersection of Beau Rue Street and State Highway 6 in Galveston County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
CALHOUN COUNTY NAVIGATION DISTRICT which operates the E S Joslin Power Station, a steam electric power generation facility, has applied for a renewal of TPDES Permit No. WQ0001303000, which authorizes the discharge of once through cooling water and previously monitored effluents (PMEs) (low volume wastewater (consisting of demineralizer regeneration wastes, boiler blowdown, floor and area drains), metal cleaning wastes, chemical metal cleaning waste, storm water runoff, and PMEs (treated domestic wastewater from Outfall 201) from Outfall 101) at a daily average flow not to exceed 231,000,000 gallons per day via Outfall 001. The facility is located approximately 1.5 miles south of State Highway 35, south of the City of Point Comfort, Calhoun County, Texas
CITY OF MCLEAN has applied to the TCEQ for a major amendment to Permit No. WQ0010354001 to relocate the irrigation site and to increase the number of acres irrigated from 55 to 63.5 acres. The current permit authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 140,000 gallons per day via surface irrigation of 55 acres of non-public access agricultural land. The wastewater treatment facility and disposal site are located southeast of the intersection of Interstate Highway 40 and Farm-to-Market Road 3143 in Gray County, Texas.
CITY OF TEAGUE has applied to the TCEQ for a new permit, proposed TPDES Permit No. WQ0010300003, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility was previously permitted under TPDES Permit No. 10300-002 which expired on February 1, 2007. The facility is located approximately 3000 feet east of the intersection of U.S. Highway 84 and Farm-to-Market Road 1367 in Freestone County, Texas.
ELI GRAVRIEL SASSON has applied for a new permit, proposed TPDES Permit No. WQ0014830001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 99,000 gallons per day. The facility was previously permitted under TPDES Permit No. 11414-001 which expired May 1, 2007. The facility is located at 14115 Farm-to-Market Road 529 approximately 1.5 miles southeast of the intersection of State Highway 6 and Farm-to-Market Road 529, northwest of the City of Houston in Harris County, Texas.
GREENSPORT/SHIP CHANNEL PARTNERS LP which operates the Greens Port Industrial Park Facility, has applied for a renewal of TPDES Permit No. WQ0000509000, which authorizes the discharge of treated domestic sewage effluent at a daily average flow not to exceed 360,000 gallons per day via Outfall 003; and storm water on an intermittent and flow variable basis via Outfall 009. The facility is located 13609 Industrial Road, on a tract of land bounded on the north and east by Industrial Road and on the south by the Houston Ship Channel in the City of Houston, Harris County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 86 has applied for a renewal of TPDES Permit No. WQ0012065001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 950,000 gallons per day. The facility is located approximately 0.40 mile south of the intersection of Farm-to-Market Road 1960 and Ella Boulevard (formerly Medberry Road) in Harris County, Texas.
HARRIS COUNTY UTILITY DISTRICT NO 16 has applied for a renewal of TPDES Permit No. WQ0012614001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 500,000 gallons per day. The facility is located 2,000 feet north of Hardy Road on Fernbush Dr. in American Plaza and approximately one mile north of the intersection of Hardy Road and Farrell Road Subdivision in Harris County, Texas.
HARRIS COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 1 has applied for a renewal of TPDES Permit No. WQ0010104001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 2,350,000 gallons per day. The facility is located at 611 Avenue E at the west end of Avenue E on the east shoreline of White's Lake in the Community of Highlands in Harris County, Texas.
HOUSTON AIRPORT HOSPITALITY LP has applied for a renewal of TPDES Permit No. WQ0014066001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 125,000 gallons per day. The facility is located on the southeast corner on North Belt Drive and John F Kennedy Boulevard, south of the Houston Intercontinental Airport in Harris County, Texas.
J&S WATER COMPANY LLC has applied for a renewal of TPDES Permit No. WQ0012382001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 120,000 gallons per day. The facility is located approximately 3,300 feet west from the bridge where Rothwood Road crosses Spring Creek in Harris County, Texas.
LINDA DIANNE HARTZOG has applied for a renewal of TPDES Permit No. WQ0012918001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,600 gallons per day. The plant site is located 2.1 miles east of the intersection of Interstate Highway 45 and Gulf Bank Road, at 909 Gulf Bank Road in Harris County, Texas.
MARTIN OPERATING PARTNERSHIP LP AND MARTIN PRODUCT SALES LLC which operates the Stanolind Cut Terminal, a storage and distribution facility for molten sulfur, sulfuric acid, asphalt/fuel oil #6, crude oil, and diesel fuel, has applied to for a major amendment to TPDES Permit No. WQ0004074000 to authorize the addition of process wash water at Outfall 001; and to remove storm water runoff at Outfall 001. The current permit authorizes the discharge of non-contact cooling water, water softener wastewater, boiler blowdown, and storm water on an intermittent and flow variable basis via Outfall 001. The facility is located at Number 10 Sulfur Plant Road, 0.7 miles east of the interchange of State Highway 380 and U.S. Route 69, southeast of the City of Beaumont, Jefferson County, Texas.
MIRAGE STOP INC which operates the Mirage Stop Plant, has applied for a renewal of TPDES Permit No. WQ0003517000, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 8,000 gallons per day via Outfall 001, and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located on the northwest corner of the intersection of Interstate Highway (IH) 10 and Magnolia Avenue, approximately 1.8 miles west of the intersection of IH 10 and the San Jacinto River in the City of Houston, Harris County, Texas.
MONTGOMERY COUNTY UTILITY DISTRICT NO 2 has applied for a major amendment to TPDES Permit No. WQ0011271001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 250,000 gallons per day to a daily average flow not to exceed 550,000 gallons per day and change the outfall location. The facility is located on the east side of Lake Conroe, immediately south of Farm-to-Market Road 830 and approximately 500 feet east of Kingston Cove Lane in Montgomery County, Texas.
PETROLEUM COKE GRINDING INC which receives, stores, grinds, and ships petroleum coke, has applied for a renewal of TPDES Permit No. WQ0001021000, which authorizes the discharge of process area storm water and cooling tower blowdown on an intermittent and flow variable basis via Outfalls 001 and 003; and storm water runoff on an intermittent and flow variable basis via Outfall 002. The facility is located at 6203 Industrial Way, 0.5 miles north of Navigation Boulevard at the termination of Industrial Way, on Buffalo Bayou in the City of Houston, Harris County, Texas.
ROYALWOOD MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0010608002, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 260,000 gallons per day. The facility is located immediately west of Uvalde Road approximately 6,500 feet south of the intersection of Uvalde Road and U.S. Highway 90 in Harris County, Texas.
SABINE RIVER AUTHORITY OF TEXAS has applied for a major amendment to TCEQ Permit No. WQ0013857001 to authorize an increase in the disposal of treated domestic wastewater from a daily average flow not to exceed 12,500 gallons per day to a daily average flow not to exceed 30,000 gallons per day. The applicant is also requesting authorization to change the method of disposal from irrigation of 3 acres of grassland to direct discharge into Lake Tawakoni. The facility is located approximately 3,500 feet south-southeast of Spring Point and approximately 4,000 feet northwest of Autumn Point near White Deer Reach on the southwest shore of Lake Tawakoni in Hunt County, Texas.
SAN ANTONIO RIVER AUTHORITY has applied for a major amendment to TPDES Permit No. WQ0010749004 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 2,000,000 gallons per day to an annual average flow not to exceed 3,500,000 gallons per day. The current permit also authorizes the land application of sewage sludge for beneficial use on 89.5 acres. The draft permit authorizes the land application of sewage sludge for beneficial use on 63.1 acres. The facility is located at 1280 Farm-to-Market Road 1516 South, approximately 3,500 feet south-southeast of the intersection of Interstate Highway 10 and Farm-to-Market Road 1516 in Bexar County, Texas.
SMITH INTERNATIONAL INC AND SMITH INTERNATIONAL INDUSTRIAL SUBDIVISION WATER SUPPLY AND SEWER SERVICES CORPORATION which operates a plant that manufactures equipment and machinery for use in the oil and gas industry, has applied for a renewal of TPDES Permit No. WQ0002453000, which authorizes the discharge of treated process water (heat treatment wastewater, charging table sump water, and steam cleaning wastewater), utility wastewater (cooling tower blowdown, boiler blowdown, air conditioning condensate), domestic wastewater, and laboratory wastewater at a daily average flow not to exceed 150,000 gallons per day via Outfall 001. The facility is located at 16740 Hardy Street, approximately 3500 feet south of the intersection of Hardy Street and Rankin Road, in the City of Houston, Harris County, Texas.
SOUTH CENTRAL WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0014517001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility will be located approximately 1/2 mile west of the intersection of Farm-to-Market Road 2978 and Spring Creek, on the south side of Spring Creek in Harris County, Texas.
SOUTH CENTRAL WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0014606001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 0.24 million gallons per day. The facility is located 3,550 feet northeast of the intersection of Farm-to-Market Road 2920 and Stuebner Airline Road in Harris County, Texas.
THE CITY OF AUSTIN has applied for a new permit, proposed TPDES Permit No. WQ0010543014 to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day in the final phase. The facility will be located approximately three miles east of Farm-to-Market Road 973, approximately one mile north of Farm-to-Market Road 969 and approximately 1.7 miles west of Burleson Road in Travis County, Texas.
TRIGEANT LTD which operates a petroleum refinery, has applied for a major amendment without renewal to TPDES Permit No. WQ0002720000 to increase the total zinc effluent limitations at Outfall 001, based on new information regarding the width of the receiving waters at the point of discharge. The daily average total zinc limitation has been increased from 0.082 lbs/day (0.084 mg/l) to 0.36 lbs/day (0.16 mg/l) and the daily maximum has been increased from 0.12 lbs/day (0.177 mg/l) to 0.76 lbs/day (0.34 mg/l). The current permit authorizes a discharge of treated process wastewater, treated storm water, water softener blowdown, cooling tower blowdown, boiler blowdown, and hydrostatic test water at a daily average flow not to exceed 120,000 gallons per day via Outfall 001; and storm water on an intermittent and flow variable basis via Outfall 002. The facility is located at 6600 Up River Road, on the north side of Up River Road approximately one-half mile west of the intersection of Up River Road and Valero Way, northwest of the City of Corpus Christi, Nueces County, Texas. The TCEQ Executive Director has reviewed this action for consistency with the Texas Coastal Management Program goals and policies in accordance with the regulations of the Coastal Coordination Council, and has determined that the action is consistent with the applicable CMP goals and policies.
WESTPHALIA WATER & SEWER SUPPLY CORPORATION has applied for a renewal of TPDES Permit No. WQ0014382001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 0.02 million gallons per day. The facility is located adjacent to the east side of State Highway 320, approximately 1,500 feet south of the intersection of Farm-to-Market Road 431 and State Highway 320 near the community of Westphalia in Falls 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-200800537
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 30, 2008
Notice issued January 25, 2008.
APPLICATION NO. 12245; Dean Word Company, Ltd., Applicant, P.O. Box 310330, New Braunfels, Texas 78131, has applied for a temporary water use permit to divert and use not to exceed 5 acre-feet of water from Buckner's Creek, Colorado River Basin, within a period of 15 months for industrial purposes in Fayette County. More information on the application and how to participate in the permitting process is given below. The application and fees were received on August 13, 2007, and additional information and fees were received on October 29, 2007. The application was declared administratively complete and filed with the Office of the Chief Clerk on November 16, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by February 15, 2008.
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 Texas Commission on Environmental Quality (TCEQ), Office of the Chief Clerk at the address provided 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, Texas 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-200800538
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: January 30, 2008
Request for Proposals #303-8-10962
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission announces the issuance of Request for Proposals (RFP) #303-8-10962. TFC seeks a Five (5) year lease of approximately 5,638 square feet of office space in the city of Livingston, Polk County, Texas.
The deadline for questions is February 15, 2008 and the deadline for proposals is February 25, 2008 at 3:00 p.m. The award date is March 19, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/1380/bid_show.cfm?bidid=74868.
TRD-200800520
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 30, 2008
The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-10985. TFC seeks a 5 year lease of approximately 8,005 square feet of office space in McAllen, Hidalgo, Texas.
The deadline for questions is February 15, 2008 and the deadline for proposals is February 26, 2008 at 3:00 p.m. The award date is March 18, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74797.
TRD-200800348
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 24, 2008
The Texas Facilities Commission (TFC), on behalf of the General Land Office (GLO), announces the issuance of Request for Proposals (RFP) #303-8-10993. TFC seeks a five (5) year lease of approximately 8,000 square feet of warehouse space in Austin, Travis, Texas.
The deadline for questions is February 15, 2008 and the deadline for proposals is February 28, 2008 at 3:00 p.m. The award date is March 19, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74892.
TRD-200800528
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 30, 2008
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission announces the issuance of Request for Proposals (RFP) #303-8-10999. TFC seeks a Five (5) year lease of approximately 4,648 square feet of office space in the cities of Brookshire, or Hempstead or the vicinity of either city, Waller County, Texas.
The deadline for questions is February 15, 2008 and the deadline for proposals is February 25, 2008 at 3:00 p.m. The award date is March 1, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/1380/bid_show.cfm?bidid=74866.
TRD-200800516
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 29, 2008
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), announces the issuance of Request for Proposals (RFP) #303-8-11007. TFC seeks a five (5) or ten (10) year lease of approximately 131,000 square feet of Call Center/Office space in San Antonio, Bexar, Texas.
The deadline for questions is February 28, 2008 and the deadline for proposals is March 28, 2008 at 3:00 p.m. The award date is April 1, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74854.
TRD-200800468
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 28, 2008
The Texas Facilities Commission (TFC), on behalf of the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #303-8-11031. TFC seeks a five (5) year lease of approximately 4,907 square feet of office space in San Antonio, Bexar, Texas.
The deadline for questions is February 15, 2008 and the deadline for proposals is February 29, 2008 at 3:00 p.m. The award date is April 1, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74888.
TRD-200800527
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 30, 2008
The Texas Facilities Commission (TFC), on behalf of the Department of Public Safety (DPS), announces the issuance of Request for Proposals (RFP) #303-8-11032. TFC seeks a five (5) year lease of approximately 2,396 square feet of office space in McAllen, Hidalgo, Texas.
The deadline for questions is February 15, 2008 and the deadline for proposals is February 29, 2008 at 3:00 p.m. The award date is April 1, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=74889.
TRD-200800525
Kay Molina
General Counsel
Texas Facilities Commission
Filed: January 30, 2008
Notice of Hearing on Proposed Provider Payment Rates
Hearing. The Texas Health and Human Services Commission (HHSC) will conduct a public rate hearing to receive public comment on proposed Medicaid payment rates for Institutions for Mental Diseases (IMD). These programs are operated by the Health and Human Service Commission (HHSC). The rate hearing will be held on Wednesday, February 20, 2008, at 9:00 a.m. in the Palo Duro Canyon Conference Room of the Braker Center, Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Entry is through Security at the entrance of 11209 Metric Boulevard. The hearing will be held in compliance with Title 1 of the Texas Administrative Code (TAC) §355.105(g), §355.201(e) - (f) and Chapter 32 of the Human Resources Code, §32.0282, which require public hearings on proposed payment rates for medical assistance programs.
Proposal. The reimbursement methodology for IMD facilities requires that the facility rates be determined biennially. These rates are based on cost reports submitted by the facilities and a cap rate determined by inflating the initial reimbursement rates by the Market Basket Forecast provided by CMS. The proposed payments will be effective September 1, 2007.
Methodology and justification. The proposed rates were determined in accordance with the rate reimbursement setting methodology at 1 TAC §355.761 for IMDs and is in compliance with Title XIX of the Social Security Act, as amended.
Written Comments. Written comments regarding the proposed reimbursement methodology may be submitted in lieu of testimony until 5:00 p.m. the day of the hearing. Written comments may be sent by U.S. mail to the attention of Amber Lovett, HHSC Rate Analysis, MC H-400, P.O. Box 85200, Austin, Texas 78708-5200 or by email to amber.lovett@hhsc.state.tx.us. Express mail can be sent, or written comments can be hand delivered, to Ms. Lovett, HHSC Rate Analysis, MC H-400, Braker Center Building H, at 11209 Metric Boulevard, Austin, Texas 78758-4021. Alternatively, written comments may be sent via facsimile to Ms. Lovett at (512) 491-1998.
Briefing Package. Interested parties may request to have mailed to them or may pick up a briefing package concerning the proposed payment rates by contacting Ms. Lovett at (512) 491-1371, or by email to amber.lovett@hhsc.state.tx.us, or HHSC Rate Analysis, MC H-400 P.O. Box 85200, Austin, Texas 78708-5200. Briefing packages also will be available at the hearing.
People with disabilities who wish to attend the hearing and require auxiliary aids or services should contact Kimbra Rawlings at (512) 491-1174 by February 15, 2008, so appropriate arrangements can be made.
TRD-200800441
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 28, 2008
The Texas Health and Human Services Commission (HHSC) announces its intent to submit an amendment to the Deaf Blindness and Multiple Disabilities (DBMD) program waiver, which is a Medicaid Home and Community-Based Services waiver under the authority of §1915(c) of the Social Security Act.
The current §1915(c) waiver is approved from March 1, 2003, to February 29, 2008. The DBMD program serves individuals 18 years and older who are legally blind; have a chronic, severe hearing impairment; and have a third disability that limits independent functioning. The program serves individuals in the community who would otherwise require care in an Intermediate Care Facility for the Mentally Retarded and Related Conditions (ICF/MR).
This amendment updates utilization for D and D' cost based upon the Annual Expenditure Report (CMS-372s) for Waiver Year 4, updates cost per unit by taking the weighted average for state fiscal years 2007 and 2008, and expresses units as rounded annual units per client; revises the waiver to indicate that individuals will not be denied eligibility because the estimated cost of waiver services exceeds the average cost of institutional services; and adjusts the financial documentation to reflect the new reimbursement rates.
HHSC is requesting that the waiver amendment be approved for a seven-month period beginning September 1, 2007, through February 29, 2008. This amendment maintains cost neutrality of service-costs for federal fiscal years 2007 through 2008.
To obtain copies of the proposed waiver, interested parties may contact Carmen Samilpa-Hernandez, Texas Health and Human Services Commission, P.O. Box 85200, mail code H-620, Austin, Texas 78708-5200, phone (512) 491-1128, fax (512) 491-1953, e-mail Carmen.Samilpa-Hernandez@hhsc.state.tx.us.
TRD-200800533
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 30, 2008
Texas Health and Human Service Commission (HHSC) announces its intent to submit a waiver renewal for the STAR Program (STAR) under the authority of §1915(b) of the Social Security Act.
The current 1915(b) waiver is approved from September 1, 2006, to August 31, 2008. The principle objectives of STAR are early intervention and improved access to quality care, resulting in improved health outcomes for Medicaid recipients who receive cash assistance (Temporary Assistance for Needy Families (TANF)), pregnant women and recipients with limited income with a special focus on prenatal and well-child care. Clients enrolled in STAR receive all of the traditional Medicaid benefits plus the added STAR benefits that include annual check-ups for adults, unlimited prescriptions for adults, no limit on necessary hospital days, and health education classes.
HHSC is requesting that the waiver application be approved for a two-year period beginning July 1, 2008, and ending June 30, 2010. This waiver application is expected to result in cost savings for the state for each year in the two-year period covering 2008 through 2010.
The proposed waiver is estimated to result in total cost savings of approximately ($545 million), with approximately ($324 million) cost savings in federal funds and ($221 million) cost savings in state general revenue. First year savings are approximately ($257 million), with approximately ($153 million) cost savings in federal funds and ($104 million) in state general revenue. Second year savings are approximately ($288 million), with approximately ($171 million) cost savings in federal funds and ($117 million) in state general revenue.
To obtain additional information or copies of the waiver application, interested parties may contact Carmen Samilpa-Hernandez by mail at Texas Health and Human Services Commission, P.O. Box 13247, H-600, Austin, Texas 78711; by telephone at (512) 491-1128; by facsimile at (512) 491-1953; or by e-mail at carmen.samilpa-hernandez@hhsc.state.tx.us.
TRD-200800339
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: January 24, 2008
Single Family Mortgage Revenue and Refunding Bonds
Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Department") at 221 East 11th Street, Room 116, Austin, Texas, at 12:00 noon on March 10, 2008, with respect to an issue of tax-exempt single family mortgage revenue bonds to be issued in one or more series in an aggregate face amount of not more than $55,000,000 (the "New Money Bonds") and an issue of tax-exempt single family mortgage revenue refunding bonds to be issued in one or more series in an aggregate face amount of not more than $55,000,000 (the "Refunding Bonds" and together with the New Money Bonds, collectively, the "Bonds").
A portion of the proceeds of the New Money Bonds will be used directly to make single family residential mortgage loans. A portion of the proceeds of the Refunding Bonds will be used to refund all or a portion of the Department's outstanding Single-Family Mortgage Revenue Refunding Tax-Exempt Commercial Paper Notes, Series A, thereby making funds available to make additional single family residential mortgage loans. All of such single family residential mortgage loans will be made to eligible very low, low and moderate income homebuyers for the purchase of homes located within the State of Texas, and are expected to be in an aggregate estimated amount of $110,000,000.
For purposes of the Department's mortgage loan finance programs, eligible borrowers generally will include individuals and families whose family income does not exceed, (i) for families of three or more persons, 115% (140% in certain targeted areas) of the area median income, and (ii) for individuals and families of two persons, 100% (120% in certain targeted areas) of the area median income, who have not owned a principal residence during the preceding three years (except in certain cases permitted under applicable provisions of the Internal Revenue Code). Further, residences financed with loans under the programs generally will be subject to certain other limitations, including limits on the purchase prices of the residences being acquired. All the limitations described in this paragraph are subject to revision and adjustment from time to time by the Department pursuant to changes in applicable federal law and Department policy.
All interested parties are invited to attend such public hearing to express their views with respect to the Department's mortgage loan finance program and the issuance of the Bonds. Questions or requests for additional information may be directed to Heather Hodnett at the Texas Department of Housing and Community Affairs, 221 East 11th Street, Austin, Texas 78701; telephone (512) 475-1899.
Persons who intend to appear at the hearing and express their views are invited to contact Heather Hodnett in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Heather Hodnett prior to the date scheduled for the hearing.
Texas Department of Housing and Community Affairs Website: www.tdhca.state.tx.us/hf.htm
Individuals who require auxiliary aids for the hearing should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943, or Relay Texas at 1-800-735-2989 at least two days before the hearing so that appropriate arrangements can be made.
Non-English speaking individuals who require interpreters for the hearing should contact Heather Hodnett at (512) 475-1899 at least three days before the hearing 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.
This notice is published and the above-described hearing is to be held in satisfaction of the requirements of State law and §147(f) of the Internal Revenue Code of 1986, as amended, regarding the public approval prerequisite to the exclusion from gross income for federal income tax purposes of interest on the Bonds.
TRD-200800462
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 28, 2008
Multifamily Housing Revenue Bonds (Costa Del Rey) Series 2008
Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Milne Elementary School, 7800 Portal, Houston, Harris County, Texas 77071, at 6:00 p.m. on February 27, 2008, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Costa Del Rey, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 252-unit multifamily residential rental development located at approximately 11523, 11527 and 11543 South Gessner Drive, Harris County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, TX 78711-3941; telephone (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. 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.
Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.
TRD-200800463
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 28, 2008
Multifamily Housing Revenue Bonds (Lakeside Apartments) Series 2008
Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Simms Elementary School, 529 N. Westward, Texas City, Texas 77591, at 6:00 p.m. on February 28, 2008, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $15,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Palmer at Lakeside, LP, a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, constructing, and equipping a multifamily housing development (the "Development") described as follows: 252-unit multifamily residential rental development located at approximately the 7500 block of Palmer Highway, Galveston County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, TX 78711-3941; telephone (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. 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.
Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.
TRD-200800479
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 29, 2008
Multifamily Housing Revenue Bonds (Broadway Place Apartments) Series 2008
Notice is hereby given of a public hearing to be held by the Texas Department of Housing and Community Affairs (the "Issuer") at Regency Place Elementary School, 2635 Bitters Road, San Antonio, Texas, 78217, at 6:00 p.m. on February 26, 2008, with respect to an issue of tax-exempt multifamily residential rental development revenue bonds in an aggregate principal amount not to exceed $11,000,000 and taxable bonds, if necessary, in an amount to be determined, to be issued in one or more series (the "Bonds"), by the Issuer. The proceeds of the Bonds will be loaned to Summit Broadway Place Apartments, Ltd., a limited partnership, or a related person or affiliate thereof (the "Borrower") to finance a portion of the costs of acquiring, rehabilitating and equipping a multifamily housing development (the "Development") described as follows: approximately 215-unit multifamily residential rental development located at approximately 9110 Broadway Street, Bexar County, Texas. Upon the issuance of the Bonds, the Development will be owned by the Borrower.
All interested parties are invited to attend such public hearing to express their views with respect to the Development and the issuance of the Bonds. Questions or requests for additional information may be directed to Teresa Morales at the Texas Department of Housing and Community Affairs, P.O. Box 13941, Austin, TX 78711-3941; telephone (512) 475-3344; and/or teresa.morales@tdhca.state.tx.us.
Persons who intend to appear at the hearing and express their views are invited to contact Teresa Morales in writing in advance of the hearing. Any interested persons unable to attend the hearing may submit their views in writing to Teresa Morales prior to the date scheduled for the hearing. Individuals who require a language interpreter for the hearing should contact Teresa Morales at least three days prior to the hearing date. 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.
Individuals who require auxiliary aids in order to attend this meeting should contact Gina Esteves, ADA Responsible Employee, at (512) 475-3943 or Relay Texas at (800) 735-2989 at least two days before the meeting so that appropriate arrangements can be made.
TRD-200800480
Michael Gerber
Executive Director
Texas Department of Housing and Community Affairs
Filed: January 29, 2008
Notice of Request for Proposal
In compliance with Chapter 2254, Texas Government Code, the University of Houston System (System) furnishes this notice of request for proposal. The University of Houston System seeks proposals from qualified consulting firms to provide advice and consultation in the areas of Enrollment Services. This advice and consultation is authorized and supported by the UH System Chancellor/UH President as being of substantial need and necessary in performing the needed evaluation. Interested parties are invited to express their interest and describe their capabilities on or before March 8, 2008.
The term of the contract is to be for a one (1) year period beginning on or about March 15, 2008 and ending March 14, 2009 subject to one (1) year renewal option. Further technical information can be obtained from Dennis A. Fouty at (832) 842-4603. All proposals must be specific and must be responsive to the criteria set forth in this request.
SCOPE OF WORK: Consultant will review the current organizational structure used in all areas of Enrollment Services, specifically Admissions, Financial Aid, Registration and Records and specifically address the implementation of process improvements. Consultant shall: (1) Review current business practices for the Enrollment Services process that impact the delivery of services to the students. In order to complete the activities in this work group, the Consultant may complete the following: (A) interview Enrollment Services managers and supervisors to collect information necessary to document the current Enrollment Services processes; (B) conduct several work groups to examine in detail the practices that support how Enrollments Services applications, processes, and services are managed; and (C) create and trace the time line for these activities to determine how they are coordinated. (2) Consultant shall examine the student life-cycle of the Enrollment Services applicant, document current processes, and recommend best practices to streamline the overall system and procedures. During this review, the Consultant shall identify and document the following: (A) Identify the major Enrollment Services steps for the University and interview the staff in order to trace the steps currently a part of the enrollment process, (B) Prepare documentation that will capture the time line for the aforementioned steps in an effort to measure the effectiveness or the overall enrollment services system, (C) Provide work steps that will include creating documentation to reflect these procedures and examine how these procedures interact to create the overall processing steps while determining how all of the systems relate to each other and impact the overall delivery system for processing enrollment services to the University of Houston; and (D) Prepare recommendations for best practices to improve the overall delivery system for enrollment services. (3) Finally, consultant shall develop an open issues inventory that contains the policies, procedures, or other information that will need to be reviewed in order to determine future changes in the enrollment services processes by: (A) Consolidating issues that are raised during the interview and meeting processes to create an inventory that contains issues, policies, or procedures that need to be examined by the University of Houston in order to strengthen the overall efficiency of the enrollment service system and (B) create an Inventory that shall include, as a minimum, a classification for the type of issue and the area of the University that may need to address the open issue.
INFORMATION ABOUT THE UNIVERSITY OF HOUSTON SYSTEM: The University of Houston System is the state's only metropolitan higher education system, encompassing four universities and two multi-institution teaching centers. The universities include the University of Houston, a nationally recognized doctoral degree-granting, comprehensive research university; the University of Houston-Downtown, a four-year undergraduate university beginning limited expansion into graduate programs; and the University of Houston-Clear Lake and the University of Houston-Victoria, both upper division and master's-level institutions. The centers include the UH System at Sugar Land in Fort Bend and the UH System at Cinco Ranch. In addition, the UH System includes KUHF-FM, Houston's National Public Radio and classical radio station, and KUHT-TV, the nation's first educational television station.
GENERAL INSTRUCTIONS: Submit one (1) original and two (2) copies of your proposal in a sealed envelope to: Dennis A. Fouty, Associate Vice Chancellor, University of Houston System, 221 Ezekiel Cullen Building, Houston, Texas 77204 before 3:00 p.m. March 8, 2008. The original shall be prepared on a word processor and formatted in at least 10-point-font that is clearly readable. The copies shall be of good, readable quality.
COMPLIANCE WITH RFP REQUIREMENTS: By submission of a Proposal, a Proposer agrees to be bound by the requirements set forth in this RFP. The System, at its sole discretion, may disqualify a Proposal from consideration, if the System determines a Proposal is non-responsive and/or non-compliant, in whole or in part, with the requirements set forth in this RFP.
SIGNATURE, CERTIFICATION OF PROPOSER: The Proposal must be signed and dated by a representative of the Proposer who is authorized to bind the Proposer to the terms and conditions contained in this RFP and to compliance with the information submitted in the proposal. Each Proposer submitting a Proposal certifies to both: (i) the completeness, veracity, and accuracy of the information provided in the Proposal and (ii) the authority of the individual whose signature appears on the Proposal to bind the Proposer to the terms and conditions set for in this RFP. Proposals submitted without the required signature shall be disqualified.
OWNERSHIP OF PROPOSALS: All Proposals become the physical property of the System upon receipt.
USE, DISCLOSURE OF INFORMATION: Proposers acknowledge that the System is an agency of the State of Texas and is, therefore, required to comply with the Texas Public Information Act. If a Proposal includes proprietary data, trade secrets, or information the Proposer wishes to except from public disclosure, then the Proposer must specifically label such data, secrets, or information as follows: "PRIVILEGED AND CONFIDENTIAL--PROPRIETARY INFORMATION." To the extent permitted by law, information labeled by the Proposer as proprietary will be used by the System only for purposes related to or arising out of the: (i) evaluation of Proposals; (ii) selection of a Proposer pursuant to the RFP process; and (iii) negotiation and execution of a Contract, if any, with the Proposer selected.
RESCISSION OF PROPOSAL: A Proposal can be withdrawn from consideration at any time prior to expiration of the Deadline for Proposals pursuant to a written request sent to the Treasurer.
REQUEST FOR CLARIFICATION: The System reserves the right to request clarification of any information contained in a Proposal.
COMMUNICATIONS WITH SYSTEM PERSONNEL: Except as provided in this RFP and as is otherwise necessary for the conduct of ongoing System business operations, Proposers are expressly and absolutely prohibited from engaging in communications with System personnel who are involved in any manner in the review and/or evaluation of the Proposals; selection of a Proposer; and/or negotiations or formalization of a Contract. If any Proposer engages in conduct or communications that the System determines are contrary to the prohibitions set forth in this section, the System may, at its sole discretion, disqualify the Proposer and withdraw the Proposer's Proposal from consideration.
EVALUATION OF PROPOSALS: The Proposals will be reviewed in accordance with the criteria set forth in this RFP. Proposals that are: (i) incomplete, (ii) not properly certified and signed, (iii) not in the required format, or (iv) otherwise non-compliant, in whole or in part, with any of the requirements set forth in this RFP may be disqualified by the System.
PROVISION OF INFORMATION: Each Proposer must provide current, accurate, complete information about all of the following in support of its Proposal (please coordinate numbers with responses): (A) Business, Financial Information: (i) Name, address, telephone number, and title of the person(s) whom the System can contact about the Proposal; (ii) State of Texas corporate filings, DBA name, registration and tax identification number; (iii) Name(s) of owner(s) or partners or directors, as applicable; (B) Experience: (i) Provide an overview of your firm, including whether you would be considered a local, regional, or national firm and the demographics of your client base; (ii) Provide the total number of personnel employed by your firm, to include categorization by function; (iii) Provide name, title, and telephone number of each person who will be assigned to our account. The resumes of each of these employees must be included. Credentials illustrating the education, training, experience, and professional certification(s) of these personnel are also required; (iv) Provide a description of the current consulting load of the personnel to be assigned to our account; (C) References: Provide a list of three clients, preferably colleges/universities, for whom the Proposer has recently provided Services, including name of firm, contact person's name, title, address, telephone number, and scope of project; (D) Consulting Methodology: Describe in sufficient detail the methodology you will employ and tasks you will perform to achieve the goals of the project as set forth in the RFP; (E) Performance Timetable: Indicate the number of hours that you believe is necessary and appropriate for your firm to complete each of the roles as described in the RFP. Recommended time should be identified for each role identified in this RFP and totaled for all aspects of the project; (F) Fees: Provide a fee schedule for the various consulting services you will provide. Identify by title and amount any reimbursable expenses (e.g. travel costs); (G) Legal Information: Is your firm, or any professionals employed by your firm, currently a defendant in any criminal proceedings or under criminal investigation; or any administrative action, including state and or federal regulatory agency proceedings, which resulted in censure or the suspension or revocation of any licenses? If yes, please describe.
DISCUSSIONS WITH PROPOSERS: The System may conduct discussions and/or negotiations with any Proposer that appears to be eligible for award ("Eligible Proposer") pursuant to the selection criteria set forth in this RFP. In conducting discussions and/or negotiations, the System will not disclose information derived from Proposals submitted by competing Proposers, except as and if law requires disclosure.
MODIFICATION OF PROPOSALS: All Eligible Proposers will be afforded the opportunity to submit best and final Proposals if: (a) negotiations with any other Proposer result in a material alteration to the RFP and (b) such material alteration has a cost consequence that could alter the Proposer's quotations regarding rates for Services.
SELECTION OF PROPOSER: The Proposer selected for award will be the Proposer whose Proposal, as presented in response to this RFP and as determined by the System in accordance with the evaluation criteria set forth in this RFP, to be the most advantageous to the System. Proposers acknowledge that the System is not bound to accept the lowest-priced Proposal.
EVALUATION OF PROPOSALS: Submission of a Proposal indicates the Proposer's acceptance of the evaluation process set forth in this RFP and the Proposer's acknowledgement that subjective judgments must be made by the System in regard to the evaluation process.
CRITERIA FOR EVALUATION: Evaluation of Proposals and award to the Selected Proposer will be based on the following factors, as weighted and listed as follows: (i) Demonstrated ability of the Proposer to fulfill current and predicted System needs (50%); (ii) Stability and success of the Proposer's business profile (40%); and (iii) Rates for Services quoted (10%).
CONSIDERATION OF ADDITIONAL INFORMATION: The System reserves the right to ask for and consider any additional information deemed beneficial to the System in evaluation of the Proposals.
TERMINATION: This Request for Proposal (RFP) in no manner obligates the University of Houston System to the eventual purchase of any services described, implied or which may be proposed until confirmed by a written consultant contract. Progress towards this end is solely at the discretion of the University of Houston System and may be terminated without penalty or obligation at any time prior to the signing of a contract. The University of Houston System reserves the right to cancel this RFP at any time, for any reason and to reject any or all proposals.
TRD-200800532
Brian S. Nelson
Associate General Counsel/Executive Director
University of Houston System
Filed: January 30, 2008
Instant Game Number 1095 "Set for Life"
The Texas Lottery Commission filed for publication Instant Game Number 1095 "Set for Life". The document was published in the December 21, 2007, issue of the Texas Register (32 TexReg 9863). The sections regarding annuity payment options for the top prize amount were changed after the game procedure was published in the Texas Register. Sections 1.0.I, 2.0, 2.3.C and 2.3.D now read as follows:
1.0 Name and Style of Game.
I. High-Tier Prize--A prize of $1,000, $2,500 or $5,000/WK ($5,000 per week not to exceed $5,000,000).
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "SET FOR LIFE" Instant Game is determined once the latex on the ticket is scratched off to expose 44 (forty-four) play symbols. If the player matches any of YOUR NUMBERS to any of the WINNING NUMBERS, the player wins the PRIZE shown for that number. If the player reveals a COIN SYMBOL, the player wins the PRIZE shown instantly. If the player reveals a STAR SYMBOL, the player wins 10 times the prize shown. If the player reveals a LIFE SYMBOL, the player wins $5,000 a week (not to exceed $5,000,000 total). No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.3 Procedure for Claiming Prizes.
C. To claim a "SET FOR LIFE" top level prize of $5,000 per week, (not to exceed $5,000,000 total), the claimant must sign the winning ticket and present it at Texas Lottery Commission headquarters in Austin, Texas. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. When claiming a "SET FOR LIFE" Instant Game prize of $5,000 per week, (not to exceed $5,000,000 total), the claimant must choose one of the four (4) payment options for receiving the prize:
1. Weekly via direct deposit to the winner's account. With this plan, upon validation of the prize, 52 weekly payments of $5,000, less any taxes and/or other offsets or mandatory withholdings required by law, will be made each Wednesday up to $260,000 per year. Additional payment(s) may be made to reach the total maximum payment of $5,000,000. *NOTE: The investment is based on 52 weeks per year. Some years may have 53 weeks per year, however, only 52 weeks per year will be paid. On years with 53 weeks, no payment will be made on the last Wednesday in December.
2. Monthly via direct deposit to the winner's account. With this plan, upon validation of the prize, an initial payment of $21,674 less any taxes and/or other offsets or mandatory withholdings required by law, will be made each year on the first business day of the month of the claim. A payment of $21,666 less any taxes and/or other offsets or mandatory withholdings required by law, will be made on the first business day for the remaining eleven months of each year for a combined total of up to $260,000 per year. Monthly payments will be made for a period 231 months with the final payment of $16,660 less any taxes and/or other offsets or mandatory withholdings required by law, to reach the total maximum payment of $5,000,000.
3. Quarterly via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $65,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made four times a year on the first business day of the first month of each calendar quarter (January, April, July, October) for a total of $260,000 per year. Quarterly payments will be made for approximately 19 years for a total of 77 quarters with the final quarterly payment of $60,000 less any taxes and/or other offsets or mandatory withholdings required by law, to reach the total maximum payment of $5,000,000.
4. Annually via direct deposit to the winner's account. With this plan, upon validation of the prize, a payment of $260,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made once a year on the first business day of the anniversary month of the claim. Annual payments will be made for a period of 19 years or a total of 19 annual payments. One additional payment of $60,000 less any taxes and/or other offsets or mandatory withholdings required by law, will be made to reach the total maximum payment of $5,000,000.
5. If a payment falls on a holiday or weekend, the payment will be made on the following business day.
TRD-200800338
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: January 23, 2008
Request for Proposals for the City of Hurst Bellaire Area Sustainable Development Project
This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Texas Government Code, Chapter 2254.
The NCTCOG is requesting written proposals from consultant firm(s) to perform a housing and commercial market analysis and develop economic and land use strategies for re-development of an underutilized strip center and adjacent multi-family complex, in central Hurst, referred to as the Bellaire Sustainable Development Area. The project will guide short-term and long-term neighborhood-wide improvements in the project area, and secondarily serve as an example and catalyst for similar redevelopment along the Pipeline Road and Bedford-Euless Road corridors. Copies of the Request for Proposal (RFP) will be available beginning Friday, February 22, 2008.
Due Date
Proposals must be received no later than 5:00 p.m., Central Daylight Time, on Friday, March 21, 2008, to Karla Weaver, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the RFP, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.
TRD-200800524
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 30, 2008
This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Texas Government Code, Chapter 2254.
The NCTCOG is requesting written proposals from consultant firm(s) to obtain technical services to develop a plan of action focused on design standards and guidelines which includes affordable new and infill housing options and the creation of a sustainable pedestrian-oriented urban neighborhood in the Evans & Rosedale Urban Village located in Fort Worth. Copies of the Request for Proposal (RFP) will be available beginning Friday, February 8, 2008.
Due Date
Proposals must be received no later than 5:00 p.m., Central Daylight Time, on Friday, February 29, 2008, to Karla Weaver, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the RFP, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.
TRD-200800522
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 30, 2008
This request by the North Central Texas Council of Governments (NCTCOG) for consultant services is filed under the provisions of Texas Government Code, Chapter 2254.
The NCTCOG is requesting written proposals from consultant firm(s) to develop a Transit Oriented Development Plan which will include the identification of short- and long-term strategies that can be implemented in Richland Hills to achieve sustainable development in and around the Richland Hills Trinity Railway Express (TRE) station. The planning services include the evaluation of the best methodology for mixed-use re-zoning of the property surrounding the TRE Station. Economic services would include presenting options regarding Public Improvement Districts (PID), Tax Increment Reinvestment Zones (TIRZ), and Neighborhood Empowerment Zones (NEZ). Copies of the Request for Proposals (RFP) will be available beginning Friday, February 15, 2008.
Due Date
Proposals must be received no later than 5:00 p.m., Central Daylight Time, on Friday, March 14, 2008, to Karla Weaver, Senior Transportation Planner, North Central Texas Council of Governments, 616 Six Flags Drive, Arlington, Texas 76011 or P.O. Box 5888, Arlington, Texas 76005-5888. For copies of the RFP, contact Therese Bergeon, at (817) 695-9267.
Contract Award Procedures
The firm or individual selected to perform these activities will be recommended by a Consultant Selection Committee (CSC). The CSC will use evaluation criteria and methodology consistent with the scope of services contained in the RFP. The NCTCOG Executive Board will review the CSC's recommendations and, if found acceptable, will issue a contract award.
Regulations
NCTCOG, in accordance with Title VI of the Civil Rights Act of 1964, 78 Statute 252, 41 United States Code 2000d to 2000d-4; and Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 1, Nondiscrimination in Federally Assisted Programs of the Department of Transportation issued pursuant to such act, hereby notifies all proposers that it will affirmatively assure that in regard to any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full opportunity to submit proposals in response to this invitation and will not be discriminated against on the grounds of race, color, sex, age, national origin, or disability in consideration of an award.
TRD-200800523
R. Michael Eastland
Executive Director
North Central Texas Council of Governments
Filed: January 30, 2008
Announcement of Application for an Amendment to a State-Issued Certificate of Franchise Authority
The Public Utility Commission of Texas received an application on January 22, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Cebridge Acquisition, L.P. d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35256 before the Public Utility Commission of Texas.
The requested amended CFA includes the expansion of the service area footprint to include the city limits of Pittsburg, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35256.
TRD-200800354
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 25, 2008
The Public Utility Commission of Texas received an application on January 24, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Friendship Cable of Texas, Inc. d/b/a Suddenlink Communications for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35270 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the City Limits of San Augustine, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35270.
TRD-200800501
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
The Public Utility Commission of Texas (commission) received an application on January 24, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Time Warner Cable for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 35277 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the municipality of Kempner, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35277.
TRD-200800505
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
The Public Utility Commission of Texas received an application on January 28, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Northland Cable Ventures LLC for an Amendment to a State-Issued Certificate of Franchise Authority, Project Number 35284 before the Public Utility Commission of Texas.
The requested amended CFA service area includes the addition of the City of Frankston, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35284.
TRD-200800508
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
The Public Utility Commission of Texas received an application on January 23, 2008, for a state-issued Certificate of Franchise Authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of Advanta Technologies, Inc. for a State-Issued Certificate of Franchise Authority, Project Number 35265 before the Public Utility Commission of Texas.
The CFA applicant requests to be a cable and video service provider within the City of Houston, Texas.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35265.
TRD-200800467
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 28, 2008
The Public Utility Commission of Texas received an application on January 28, 2008, for a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).
Project Title and Number: Application of T-N-T Cable for a State-Issued Certificate of Franchise Authority, Project Number 35281 before the Public Utility Commission of Texas.
The requested CFA service area is unspecified.
Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35281.
TRD-200800507
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 24, 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 MidAmerican Energy Company for Retail Electric Provider (REP) Certification, Docket Number 35278 before the Public Utility Commission of Texas.
Applicant's requested service area by geography includes the area of the Electric Reliability Council 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 15, 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 35278.
TRD-200800506
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
On January 18, 2008, AT&T Texas filed an application with the Public Utility Commission of Texas (commission) to amend its certificate of operating authority (COA) granted in COA certificate number 50005. Applicant intends to expand its service area to include the Embarq exchanges of Krum, Ponder, Rhome, Sanger, and Slidell; the Nortex Communications exchange of Valley View East; and the Verizon Southwest exchange of Pilot Point.
The Application: Application of AT&T for an Amendment to its Certificate of Operating Authority, Docket Number 35251.
Persons wishing to comment on 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 13, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35251.
TRD-200800352
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 25, 2008
Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 18, 2008, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of Texas RSA 7B3, L.P. d/b/a Peoples Wireless Services for Designation as an Eligible Telecommunications Carrier. Docket Number 35252.
The Application: The company is requesting ETC designation in the rural telephone company study area of Peoples Telephone Cooperative, Inc. in order to be eligible to receive support from the federal universal service support mechanism.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by February 28, 2008. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or 1-888-782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas 1-800-735-2989 to reach the commission's toll free number 1-888-782-8477. All comments should reference Docket Number 35252.
TRD-200800353
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 25, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 24, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Baldwin County Internet/DSSI Service, L.L.C. for a Service Provider Certificate of Operating Authority, Docket Number 35272 before the Public Utility Commission of Texas.
Applicant intends to provide optical services, T1-Proviate Line, and any high speed/bandwidth transport requested by the customer.
Applicant's requested SPCOA geographic area includes the entire State of Texas.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 13, 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 35272.
TRD-200800502
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on January 24, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).
Docket Title and Number: Application of Tele Circuit Network Corporation d/b/a Tele Circuit for a Service Provider Certificate of Operating Authority, Docket Number 35274 before the Public Utility Commission of Texas.
Applicant intends to provide plain old telephone service, and long distance service.
Applicant's requested SPCOA geographic area includes the area of Texas currently served by AT&T Texas, Verizon Southwest, and Embarq.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 13, 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 35274.
TRD-200800503
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (Commission) an application on January 24, 2008, for waiver of denial by the Pooling Administrator (PA) of Southwestern Bell Telephone Company d/b/a AT&T Texas' request for one thousand block in the Cypress, Texas rate center.
Docket Title and Number: Petition of Southwestern Bell Telephone Company d/b/a AT&T Texas for Waiver of Denial of Numbering Resources, Docket Number 35276.
The Application: Southwestern Bell Telephone Company d/b/a AT&T Texas submitted an application to the PA for one thousand-block in the Cypress, Texas rate center in accordance with the current guidelines. The PA denied the request.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 13, 2008. Hearing and speech-impaired individuals with text telephones (TTY) may contact the Commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35276.
TRD-200800504
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 25, 2008, to amend a certificate of convenience and necessity for a proposed transmission line in Liberty County, Texas.
Docket Style and Number: Application of Sam Houston Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for a Proposed 138-kv Transmission Line for the Enstor Leaching and Gas Facility in Liberty County, Texas. Docket Number 34650.
The Application: The application of Sam Houston Electric Cooperative, Inc. (Sam Houston) for a proposed transmission line is designated the Enstor 138-kV Transmission Line Project. Sam Houston is proposing construction of certain transmission facilities to provide service for a natural gas storage and transportation facility to be developed by Enstor at a location in Liberty County, Texas. The right-of-way distance for this project will be approximately 1.96 miles (preferred route). The estimated date to energize facilities is January 2009.
Persons wishing to intervene or comment on 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. The deadline for intervention in this proceeding is March 10, 2008. 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 34650.
TRD-200800509
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008
Notice is given to the public of a compliance proceeding filed with the Public Utility Commission of Texas (commission) on January 23, 2008, pursuant to Public Utility Regulatory Act §14.001 and §36.203 and P.U.C. Substantive Rule §25.236.
Docket Style and Number: Compliance Filing of Entergy Texas, Inc. Regarding Jurisdictional Allocation of 2007 System Agreement Payments, Docket Number 35269.
The Application: Entergy Texas, Inc. (Entergy) made a compliance filing addressing the jurisdictional allocation of a certain bandwidth payment received by Entergy Gulf States, Inc. (EGSI) in 2007 as a result of its participation in the Entergy System Agreement implementing the Federal Energy Regulatory Commission decisions in Opinion Numbers 480 and 480-A. The payment was received in seven equal installments. Recently, EGSI filed to implement an interim fuel refund of fuel cost over-recoveries through September 2007. The parties in that proceeding propounded discovery regarding the nature of the 2007 bandwidth payment received by EGSI. Further, as part of a global settlement of Docket Number 34953 and Docket Number 34724 the parties agreed that a separate filing be made addressing the jurisdictional allocation of the 2007 bandwidth payment to EGSI. Specifically, Entergy's filing in the instant docket addresses a certain portion of its fuel expense which is charged to Texas retail customers taking service under Tariff FF. The Texas-jurisdictional portion of bandwidth payment received by EGSI was credited to fuel expense in the months in which the installments were received, June 2007 through December 2007.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or 1-888-782-8477. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 35269.
TRD-200800356
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 25, 2008
The Public Utility Commission of Texas (PUCT or commission) is issuing a Request for Proposals (RFP) for a person or entity to provide consulting and/or testifying expert services in connection with a contested case concerning abuse of market power.
The PUCT is responsible for monitoring market power associated with the generation and sale of electricity in Texas. Texas Utilities Code §39.157(a). The PUCT is assisted by a wholesale electric market monitor, known as the Independent Market Monitor (IMM). Texas Utilities Code §39.1515.
In 2006, the IMM conducted an investigation into the bidding behavior of Luminant, the power generation subsidiary of Energy Future Holdings (formerly TXU Corp.) during the summer of 2005. The IMM concluded that Luminant's behavior constituted an abuse of market power and increased balancing energy prices by an average of 15.5%. As a result, on March 28, 2007, the Commission's Executive Director filed a Notice of Violation (NOV) recommending the assessment of administrative penalties against the company.
The Commission contemplates that the successful proposer will assist commission staff by performing some or all of the following services: reviewing discovery material; evaluating testimony by Luminant; consulting with staff's experts; preparing responsive testimony; and appearing at a hearing to defend the testimony.
Proposers should have experience in analyzing market power issues in the context of competitive wholesale electric generation and sales, and in providing consulting expert services and/or expert witness services. The PUCT encourages Historically Underutilized Businesses (HUBs) to compete for this award.
The PUCT shall make the selection and award on the basis of the proposer's demonstrated knowledge, competence, and qualifications to provide the services outlined in the RFP and on the reasonableness of the proposed fee.
All other factors being equal, preference will be given to a proposer whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
RFP documentation may be obtained by contacting Cindy Wilson, cindy.wilson@puc.state.tx.us, Purchaser, at (512) 936-7069, Public Utility Commission of Texas, P.O. Box 13326, Austin, TX 78711-3326.
TRD-200800510
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: January 29, 2008