Comptroller of Public Accounts
The Comptroller of Public Accounts proposed amendments to §7.42, concerning Enrollment Period, in the May 23, 2008, issue of the Texas Register (33 TexReg 4125).
Due to an error by the Texas Register the text of §7.42(d) is incorrect. The word "state" in the first sentence should not have been capitalized. The first sentence of subsection (d) should read as follows:
(d) In each year that new enrollment in the program is temporarily suspended under Education Code, §54.619(j), the board shall determine whether to reopen new enrollment in the program based on the following criteria: the sufficiency of available alternatives for college savings offered by the state: whether analysis of actuarial data shows that the new enrollment in the program may be reopened in an actuarially sound manner, and any other relevant criteria. . . .
TRD-200802787
The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101 of the Texas Finance Code.
The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 06/02/08 - 06/08/08 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 06/02/08 - 06/08/08 is 18% for Commercial over $250,000.
The monthly ceiling as prescribed by §303.005 and §303.0093 for the period of 05/01/08 - 05/31/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The monthly ceiling as prescribed by §303.005 and §303.009 for the period of 05/01/08 - 05/31/08 is 18% for Commercial over $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 07/01/08 - 09/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 07/01/08 - 09/30/08 is 18% for Commercial over $250,000.
The retail credit card quarterly rate as prescribed by §303.0091 for the period of 07/01/08 - 09/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The lender credit card quarterly rate as prescribed by §346.1011 for the period of 07/01/08 - 09/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The standard annual rate as prescribed by §303.008 and §303.0094 for the period of 07/01/08 - 09/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The standard annual rate as prescribed by §303.008 and §303.009 for the period of 07/01/08 - 09/30/08 is 18% for Commercial over $250,000.
The retail credit card annual rate as prescribed by §303.0091 for the period of 07/01/08 - 09/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed by §304.003 for the period of 06/01/08 - 06/30/08 is 5.00% for Consumer/Agricultural/Commercial/credit through $250,000.
The judgment ceiling as prescribed §304.003 for the period of 06/01/08 - 06/30/08 is 5.00% for Commercial over $250,000.
1 Credit for personal, family or household use.
2 Credit for business, commercial, investment or other similar purpose.
3 For variable rate commercial transactions only.
4 Only for open-end credit as defined in §301.002(14), of the Texas Finance Code.
TRD-200802789
Leslie L. Pettijohn
Commissioner
Office of Consumer Credit Commissioner
Filed: May 28, 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 July 7, 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 July 7, 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: 50'S Group Properties, LTD. dba LONE STAR BEEF PROCESSORS; DOCKET NUMBER: 2008-0041-MLM-E; IDENTIFIER: RN101517597; LOCATION: San Angelo, Tom Green County; TYPE OF FACILITY: industrial meat packing operation; RULE VIOLATED: 30 Texas Administrative Code (TAC) §335.4, by failing to prevent the improper disposal of industrial solid waste; 30 TAC §335.503(a) and §335.513, by failing to properly classify wastes; and 30 TAC §111.201 and Texas Health & Safety Code (THSC), §382.085(b), by failing to prevent outdoor burning; PENALTY: $2,850; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.
(2) COMPANY: Arkema Inc.; DOCKET NUMBER: 2008-0303-AIR-E; IDENTIFIER: RN100216373; LOCATION: Beaumont, Jefferson County; TYPE OF FACILITY: industrial organic chemicals plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), Air Permit Number 865A/PSD-TX-1016, Special Condition (SC) 2, and Federal Operating Permit (FOP) Number O-01636, SC 13, by exceeding the permitted hourly rate of sulfur dioxide; PENALTY: $5,100 ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(3) COMPANY: Brothers Materials, Ltd.; DOCKET NUMBER: 2008-0188-AIR-E; IDENTIFIER: RN103004099; LOCATION: Laredo, Webb County; TYPE OF FACILITY: asphalt plant; RULE VIOLATED: 30 TAC §101.20(1) and §106.147(a), THSC, §382.085(b), and 40 Code of Federal Regulations (CFR) §60.8, by failing to conduct performance testing within 60 days after achieving the maximum production rate of operation, but no later than 180 days after initial startup; 30 TAC §106.147(a)(4) and THSC, §382.085(b), by failing to water, oil, or pave all in-plant roads as necessary to achieve maximum control of dust emissions; 30 TAC §111.201 and THSC, §382.085(b), by failing to prevent unauthorized outdoor burning; and 30 TAC §101.24, THSC, §382.085(b), and the Code, §5.702(a), by failing to pay Air Inspection fees and all applicable late fees for Fiscal Year 2008; PENALTY: $3,000; ENFORCEMENT COORDINATOR: James Nolan, (512) 239-6634; REGIONAL OFFICE: 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(4) COMPANY: City of Arlington; DOCKET NUMBER: 2007-1776-WQ-E; IDENTIFIER: RN104950134; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: wastewater collection system; RULE VIOLATED: the Code, §26.121(a), by failing to prevent an unauthorized discharge; PENALTY: $10,000; Supplemental Environmental Project (SEP) offset amount of $10,000 applied to conducting at least two city-wide pharmaceutical collection events to provide city-wide collection and proper disposal of pharmaceuticals at no cost to the public; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(5) COMPANY: City of Blooming Grove; DOCKET NUMBER: 2008-0195-MWD-E; IDENTIFIER: RN101720654; LOCATION: Navarro County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0011606001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the Code, §26.121(a)(1), by failing to comply with permit effluent limits for five-day biochemical oxygen demand (BOD5 ), pH minimum, and total suspended solids (TSS); 30 TAC §305.125(17) and TPDES Permit Number WQ0011606001, Sludge Provisions, by failing to timely submit the annual sludge report; and 30 TAC §319.1 and TPDES Permit Number WQ0011606001, Monitoring and Reporting Requirements Number 1, by failing to provide monitoring results at intervals specified in the permit; PENALTY: $6,402; ENFORCEMENT COORDINATOR: Heather Brister, (254) 761-3048; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(6) COMPANY: City of Brazos Country; DOCKET NUMBER: 2008-0462-MLM-E; IDENTIFIER: RN101180883; LOCATION: Austin County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; 30 TAC §290.45(b)(1)(C)(iv) and THSC, §341.0315(c), by failing to provide a pressure tank capacity of 20 gallons per connection; and 30 TAC §291.93(3) and the Code, §13.139(d), by failing to provide a written planning report to the commission explaining how the utility that has exceeded 85% of its capacity will provide the expected service demands to the remaining areas within the boundaries of its certified area; PENALTY: $272; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(7) COMPANY: City of Godley; DOCKET NUMBER: 2008-0158-MWD-E; IDENTIFIER: RN101919397; LOCATION: Godley, Johnson County; TYPE OF FACILITY: domestic wastewater treatment facility; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10542001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS and flow; and 30 TAC §305.125(17) and TPDES Permit Number 10542001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $7,600; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(8) COMPANY: City of Killeen; DOCKET NUMBER: 2008-0148-PWS-E; IDENTIFIER: RN101391308; LOCATION: Killeen, Bell County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m) and §290.43(e), by failing to initiate maintenance and housekeeping practices to ensure the good working condition and general appearance of the system's facilities and equipment and failing to provide a properly constructed intruder-resistant fence; 30 TAC §290.43(c)(1), by failing to provide a 16-mesh or finer corrosion-resistant screen for the roof vent on the ground storage tank; 30 TAC §290.43(c)(2), by failing to lock the roof hatch on the ground storage tank; 30 TAC §290.43(c)(3), by failing to ensure that the discharge opening of the ground storage tank overflow terminates above the surface of the ground and is not subject to submergence; 30 TAC §290.42(b)(7), by failing to properly install an air release device with a 16-mesh or finer corrosion-resistant screen; 30 TAC §290.46(f)(2), by failing to maintain a record of water works operation and maintenance activities; 30 TAC §290.44(h)(1)(A), by failing to install backflow prevention assemblies or an air gap at all residences or establishments where an actual or potential contamination hazard exists; 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations throughout the distribution system at least once daily; 30 TAC §290.46(1), by failing to flush dead-end mains at monthly intervals; 30 TAC §290.45(f)(4), by failing to provide a purchase water rate plus production capacity of 0.6 gallons per minute (gpm); and 30 TAC §290.110(b)(4) and §290.46(d)(2)(B) and THSC, §341.0315(c), by failing to maintain the residual disinfectant concentration in the water throughout the distribution system of at least 0.5 milligrams per liter chloramine; PENALTY: $5,216; ENFORCEMENT COORDINATOR: Andrea Linson-Mgbeoduru, (512) 239-1482; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(9) COMPANY: City of Roscoe; DOCKET NUMBER: 2008-0308-PWS-E; IDENTIFIER: RN101430924; LOCATION: Roscoe, Nolan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(q)(1) and §290.47(e), by failing to issue a boil water notification within 24 hours using the prescribed notification format; and 30 TAC §290.46(g), by failing to disinfect a repaired water main in accordance with American Water Works Association requirements and collect and submit water samples until the results indicate that the water system is free of microbiological contamination before placing the repaired water main back into service; PENALTY: $770; ENFORCEMENT COORDINATOR: Epifanio Villarral, (210) 403-4033; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(10) COMPANY: City of Roxton; DOCKET NUMBER: 2008-0251-MWD-E; IDENTIFIER: RN101920759; LOCATION: Lamar County; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: the Code, §26.121(a), 30 TAC §305.125(1), and TPDES Permit Number WQ0010204001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, by failing to comply with the permitted effluent limitations for dissolved oxygen, BOD5, pH, and TSS; 30 TAC §305.125(17) and TPDES Permit Number WQ0010204001, Sludge Provisions, by failing to submit monitoring results at the intervals specified in the permit; and 30 TAC §305.125(17) and §319.7(d) and TPDES Permit Number WQ0010204001, Monitoring and Reporting Requirements Number 1, by failing to submit the discharge monitoring report; PENALTY: $12,595; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(11) COMPANY: CRVC Via Bayou, LLC; DOCKET NUMBER: 2008-0213-MWD-E; IDENTIFIER: RN101246601; LOCATION: Galveston County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), and TPDES Permit Number WQ0014326001, Monitoring and Reporting Requirements Number 5, by failing to calibrate the flow meter within the previous 12 months; the Code, §26.121(a), 30 TAC §305.121(1), and TPDES Permit Number WQ0014326001, Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations for ammonia nitrogen (NH3-N) and carbonaceous biochemical oxygen demand; 30 TAC §305.125(1) and TPDES Permit Number WQ0014326001, Monitoring and Reporting Requirements Number 7.c, by failing to submit noncompliance notifications for effluent violations more than 40% above the permitted limitation; the Code, §26.121(a), 30 TAC §305.125(1), and TPDES Permit Number WQ0014326001, Permit Conditions Number 2.d, by failing to prevent the unauthorized discharge of sludge; 30 TAC §305.125(1) and TPDES Permit Number WQ0014326001, Other Requirements Number 7, by failing to inspect the wastewater treatment system daily as required by the permit; and 30 TAC §317.7(e,) by failing to provide fencing for the wastewater plant; PENALTY: $20,660; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(12) COMPANY: Development II Partners, Inc. dba Exxon on the Run; DOCKET NUMBER: 2008-0150-PST-E; IDENTIFIER: RN105194682; LOCATION: San Marcos, Hays County; TYPE OF FACILITY: convenience store with retail sales of fuel; RULE VIOLATED: 30 TAC §334.10(b), by failing to maintain underground storage tank (UST) records and make them immediately available for inspection upon request by agency personnel; and 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection for the piping associated with the UST system; PENALTY: $5,625; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(13) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2008-0160-AIR-E; IDENTIFIER: RN102579307; LOCATION: Baytown, Harris County; TYPE OF FACILITY: refining and supply company; RULE VIOLATED: 30 TAC §116.715(a), THSC, §382.085(b), and Flexible Permit Number 18287, SC Number 1, by failing to prevent unauthorized emissions for carbon monoxide (CO), volatile organic compounds (VOCs), hydrogen sulfide, nitrogen oxide (NOX), and sulfur dioxide (SO2 ); 30 TAC §116.715(a), THSC, §382.085(b), and Flexible Permit Number 18287, SC Number 1, by failing to prevent unauthorized emissions for VOCs and SO2; 40 CFR §60.105(a)(3)(ii), 30 TAC §101.20(1), and THSC, §382.085(b), by failing to comply with a maximum allowable emission rate of 20 parts per million at 0% oxygen for SO2; PENALTY: $65,300; SEP offset amount of $26,120 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3423; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(14) COMPANY: Faith West, Inc.; DOCKET NUMBER: 2008-0171-PWS-E; IDENTIFIER: RN101188795; LOCATION: Harris County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.110(e)(4), by failing to provide documentation that the water system's Disinfectant Level Quarterly Operating Reports are being submitted to the commission each quarter; 30 TAC §290.121(a), by failing to develop, maintain, and make available for review an up-to-date system monitoring plan that identifies all bacteriological and chemical sampling locations; 30 TAC §290.46(m)(1)(B), by failing to conduct annual inspections of the water system's pressure tank; and 30 TAC §290.46(e) and THSC, §341.033(a), by failing to ensure that the public water supply operation is under the direct supervision of a licensed water works operator at all times; PENALTY: $1,920; SEP offset amount of $1,536 applied to Gulf Coast Waste Disposal Authority-River, Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(15) COMPANY: Fernco Development, Ltd., Lenco Development, Ltd., and Norco Development, Ltd.; DOCKET NUMBER: 2008-0392-MWD-E; IDENTIFIER: RN101243210; LOCATION: Harris County; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: the Code, §26.121(a) and 30 TAC §305.65 and §305.125(2), by failing to maintain authorization for the discharge of wastewater; PENALTY: $15,080; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(16) COMPANY: John M. Graul; DOCKET NUMBER: 2008-0183-WQ-E; IDENTIFIER: RN105367866; LOCATION: Dripping Springs, Travis County; TYPE OF FACILITY: real property; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of sediment and burn debris into the drainages and tributaries of Bee Creek; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Terry Murphy, (512) 239-5025; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.
(17) COMPANY: Gray Utility Service L.L.C.; DOCKET NUMBER: 2008-0463-PWS-E; IDENTIFIER: RN102682358; LOCATION: Hamshire, Jefferson County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.42(1), by failing to maintain an up-to-date plant operations manual for operator review and reference; 30 TAC §290.121(a) and (b), by failing to make available for commission review a complete up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories that the public water system will use to comply with the monitoring requirements; 30 TAC §290.46(m)(4), by failing to maintain all treatment units, storage and pressure maintenance facilities, distribution system lines and related appurtenances in a watertight condition; 30 TAC §290.43(d)(2), by failing to provide the pressure tank with an easily readable pressure gauge; 30 TAC §290.46(v), by failing to ensure that all water system electrical wiring is securely installed in compliance with a local or national electrical code; 30 TAC §290.46(f)(3)(E)(iv), by failing to maintain copies of customer service inspection certificates that can be made available to commission personnel; 30 TAC §§290.46(f)(2), (3)(A)(i)(III), (ii)(III), (B)(iii), and (D)(i), by failing to provide water system records to commission personnel; 30 TAC §290.46(s)(1), by failing to calibrate the well meter once every three years; and 30 TAC §290.51(a)(3) and the Code, §26.0291 and §5.702, by failing to pay all annual and late General Permits Stormwater fees and all annual and late Public Health Service fees; PENALTY: $1,010; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 403-4033; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(18) COMPANY: Harris County; DOCKET NUMBER: 2008-0227-MWD-E; IDENTIFIER: RN103016218; LOCATION: Harris County; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17) and TPDES Permit Number 12213001, Sludge Provisions, by failing to timely submit the annual sludge reports; 30 TAC §305.125(1) and (5) and TPDES Permit Number 12213001, Operational Requirements Number 1, by failing to properly operate and maintain the facility and all of its systems of collection, treatment, and disposal; 30 TAC §317.4(a)(8), by failing to test the backflow prevention device on the potable water line to the facility on an annual basis; 30 TAC §305.125(1) and TPDES Permit Number 12213001, Monitoring and Reporting Requirements Number 3.b, by failing to maintain records of monitoring information related to the facility's sewage sludge use and disposal activities; 30 TAC §305.125(1) and TPDES Permit Number 12213001, Monitoring and Reporting Requirements Number 5, by failing to calibrate the flow meter on an annual basis; 30 TAC §319.6 and §319.7(a), by failing to conduct Quality Assurance/Quality Control analysis to assure the quality of all measurements; and 30 TAC §319.11(d), by failing to install a properly sized v-notch weir; PENALTY: $6,490; SEP offset amount of $5,192 applied to Galveston Bay Foundation-"Marsh Mania"; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(19) COMPANY: Johnny Stricklin; DOCKET NUMBER: 2008-0760-WOC-E; IDENTIFIER: RN105403174; LOCATION: Crandall, Kaufman County; TYPE OF FACILITY: wastewater operator; 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: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(20) COMPANY: KBEC Corporation dba Phillips 66 27502; DOCKET NUMBER: 2008-0138-PST-E; IDENTIFIER: RN100699479; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.8(c)(4)(A)(vii) and (5)(B)(ii), by failing to renew a previously issued UST delivery certificate by submitting a properly completed UST registration and self-certification form; and 30 TAC §334.8(c)(5)(A)(i) and the Code, §26.3467(a), by failing to make available to a common carrier a valid TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs; PENALTY: $2,040; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(21) COMPANY: McCarty Road Landfill TX, LP; DOCKET NUMBER: 2007-1464-MLM-E; IDENTIFIER: RN100213602; LOCATION: Houston, Harris County; TYPE OF FACILITY: municipal solid waste landfill; RULE VIOLATED: 30 TAC §335.2(b) and §330.225(c), by failing to prevent the unloading and disposal of unauthorized industrial solid waste; PENALTY: $3,900; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(22) COMPANY: Moore's Water System of Beaver Lake, Inc.; DOCKET NUMBER: 2008-0105-PWS-E; IDENTIFIER: RN102682291; LOCATION: McLennan County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of 2.0 gpm per connection; 30 TAC §§290.46(f)(2), (3)(B)(v), and (D)(ii), by failing to keep water system records on file and make them available for commission review; 30 TAC §290.46(j), by failing to complete customer service inspection reports prior to providing continuous water service to new construction; and 30 TAC §290.42(l), by failing to develop and maintain an up-to-date plant operations manual for operator review and reference; PENALTY: $577; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.
(23) COMPANY: Motiva Enterprises LLC; DOCKET NUMBER: 2008-0389-AIR-E; IDENTIFIER: RN100209451; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: oil refinery; RULE VIOLATED: 30 TAC §116.715(c)(7) and §122.143(4), THSC, §382.085(b), and FOP O-01386, General Terms and Conditions (GTC) and SC 16, by failing to prevent unauthorized emissions; PENALTY: $9,350; SEP offset amount of $3,740 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 899-8784; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 76710-7826, (409) 898-3838.
(24) COMPANY: Nitrous Express, Inc. dba Rorabaugh Mechanical Company; DOCKET NUMBER: 2008-0114-PST-E; IDENTIFIER: RN101894046; LOCATION: Wichita Falls, Wichita County; TYPE OF FACILITY: Fleet refueling ; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, one UST for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and the Code, §5.702, by failing to pay outstanding UST fees and associated late fees; PENALTY: $5,250; ENFORCEMENT COORDINATOR: Thomas Greimel, (512) 239-5690; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(25) COMPANY: North Texas Municipal Water District; DOCKET NUMBER: 2007-1998-MLM-E; IDENTIFIER: RN102342144; LOCATION: Collin and Denton Counties; TYPE OF FACILITY: wastewater treatment facilities and associated collection systems; RULE VIOLATED: 30 TAC §210.4(a), by failing to notify and obtain written approval from the commission before providing reclaimed water to another for use; the Code, §26.121(a)(1), 30 TAC §305.125(1) and TPDES Permit Number 10363001, Permit Conditions 2.g., by failing to prevent the unauthorized discharge of wastewater; and TPDES Permit Number 14008001, Effluent Limitations and Monitoring Requirements Number 1, 30 TAC §305.121(1), and the Code, §26.121(a), by failing to comply with permitted effluent limits for NH3 -N, and flow; PENALTY: $58,475; SEP offset amount of $46,780 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(26) COMPANY: Oceaneering International, Inc.; DOCKET NUMBER: 2008-0204-MWD-E; IDENTIFIER: RN101718773; LOCATION: Houston, Harris County; TYPE OF FACILITY: domestic wastewater treatment; RULE VIOLATED: the Code, §26.121(a), 30 TAC §305.125(1), and TPDES Permit Number 12466001, Interim Effluent Limitations and Monitoring Requirements Number 1, by failing to comply with the permitted effluent limitations for NH3 -N, TSS, and flow; PENALTY: $5,760; ENFORCEMENT COORDINATOR: Lauren Smitherman, (512) 239-5223; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(27) COMPANY: Owens Corning Composite Materials, LLC; DOCKET NUMBER: 2008-0214-AIR-E; IDENTIFIER: RN100222140; LOCATION: Amarillo, Randall County; TYPE OF FACILITY: fiberglass manufacturing plant; RULE VIOLATED: 30 TAC §101.20(3) and §116.115(c), New Source Review (NSR) Permit Number 5042/PSD-TX-844M1, SC Number 6(L), and THSC, §382.085(b), by failing to comply with all special conditions contained in the issued permit; PENALTY: $16,600; ENFORCEMENT COORDINATOR: Bryan Elliott, (512) 239-6162; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4923, (806) 353-9251.
(28) COMPANY: Paintbrush 290 GP, LLC; DOCKET NUMBER: 2007-1720-EAQ-E; IDENTIFIER: RN105354765; LOCATION: Hays County; TYPE OF FACILITY: property RULE VIOLATED: 30 TAC §213.21(d), by failing to obtain approval of an Edwards Aquifer Contributing Zone Plan to begin a regulated activity over the Edwards Aquifer Contributing Zone; PENALTY: $2,500; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5700, (512) 239-3939.
(29) COMPANY: Pilgrim's Pride Corporation; DOCKET NUMBER: 2008-0144-IHW-E; IDENTIFIER: RN104306501; LOCATION: Nacogdoches, Nacogdoches County; TYPE OF FACILITY: process wastewater collection system; RULE VIOLATED: 30 TAC §335.4 and the Code, §26.121(a), by failing to prevent the unauthorized discharge of waste to any water in the state; and 30 TAC §327.3(b) and the Code, §26.039(b), by failing to report an unauthorized discharge of process wastewater within 24 hours after the occurrence; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Thomas Jecha,(512) 239-2576; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(30) COMPANY: Ranger Utility Company; DOCKET NUMBER: 2008-0346-PWS-E; IDENTIFIER: RN101216133; LOCATION: Waller County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(m)(1)(B), by failing to conduct an annual inspection of the water system's pressure tank; 30 TAC §290.46(u), by failing to plug and seal an abandoned public water supply well or return the well to a non-deteriorated condition; 30 TAC §290.45(b)(1)(C)(ii) and THSC, §341.0315(c), by failing to provide a total storage capacity of 200 gallons per connection; and 30 TAC §290.45(b)(1)(C)(iii) and THSC, §341.0315(c) by failing to provide two or more service pumps having a total capacity of 2.0 gpm per connection; PENALTY: $2,030; ENFORCEMENT COORDINATOR: Epifanio Villareal, (210) 403-4033; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(31) COMPANY: Rohm and Haas Texas Incorporated; DOCKET NUMBER: 2007-2041-AIR-E; IDENTIFIER: RN100223205; LOCATION: Deer Park, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: Air Permit Number 723, SC Number 1, 30 TAC §116.115(c) and THSC, §382.085(b), by failing to comply with the emission limit of 0.27 pounds per hour (lbs/hr) NOX, Air Permit Number 723, SC Number 1, 30 TAC §116.115(c), and THSC, §382.085(b), by failing to comply with the emission limit of 1.19 lbs/hr NOX ; and Air Permit Number 723, SC Number 1, 30 TAC §116.115(c) and THSC, §382.085(b), by failing to comply with the 0.47 lbs/hr NOX and 0.022 lbs/hr CO; PENALTY: $81,400; SEP offset amount of $32,560 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (713) 422-8931; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(32) COMPANY: Sabina Petrochemicals LLC; DOCKET NUMBER: 2008-0095-AIR-E; IDENTIFIER: RN100216977; LOCATION: Port Arthur, Jefferson County; TYPE OF FACILITY: petrochemical plant; RULE VIOLATED: 30 TAC §101.20(3), §116.115(b)(2)(F) and (c), §122.143(4), THSC, §382.085(b), FOP O-02629, GTC and SC 8, and NSR Permit 41945, SC 1, by failing to maintain the rolling 12-month period cap emissions rate; 30 TAC §§101.20(3), 116.115(c), and 122.143(4), THSC, §382.085(b), FOP O-02629, GTC and SC 8 and NSR Permit 41945, SC 14A, by failing to properly install a sample port to ensure a representative sample of the water returning to the cooling tower; PENALTY: $19,400; SEP offset amount of $7,760 applied to Jefferson County: Retrofit/Replacement of Heavy Equipment and Vehicles with Alternative Fueled Equipment and Vehicles; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 899-8784; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(33) COMPANY: SIRAJUDDIN CORPORATION dba Highland Food Store; DOCKET NUMBER: 2008-0279-PST-E; IDENTIFIER: RN102031853; LOCATION: Wylie, Collin County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II vapor recovery system in proper operating condition; 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each dispenser equipped with a Stage II system; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §334.50(b)(2)(A)(i) and the Code, §26.3475(a), by failing to equip each separate pressurized line with an automatic line leak detector; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to conduct reconciliation of detailed inventory control records at least once each month, sufficiently accurate to detect a release which equals or exceeds the sum of 1.0% of the total substance flow-through for the month plus 130 gallons; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurements for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.72, by failing to report a suspected release to the TCEQ within 24 hours; 30 TAC §334.74, by failing to investigate a suspected release within 30 days of discovery; 30 TAC §334.49(c)(4) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the agency for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition; PENALTY: $12,932; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5825; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 79602-6951, (817) 588-5800.
(34) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0182-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: industrial organic chemicals plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), FOP Number O-01327, SC 17, Air Permit Number 20485, SC 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $7,300; ENFORCEMENT COORDINATOR: Aaron Houston, (409) 899-8784; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(35) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-0391-AIR-E; IDENTIFIER: RN100219526; LOCATION: Houston, Harris County; TYPE OF FACILITY: chemicals manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), THSC, §382.085(b), and Air Permit Number 46307, SC 1, by failing to prevent unauthorized emissions; and 30 TAC §101.201(b)(1)(H) and THSC, §382.085(b), by failing to include the permit number on the incident report for the emission event; PENALTY: $8,684; SEP offset amount of $3,474 applied to Harris County Public Health and Environmental Services-Pollution Control Division's Fourier Transform Infra Red Project; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3423; REGIONAL OFFICE: 5425 Polk Street, Suite H, Houston, Texas 77023-1452, (713) 767-3500.
(36) COMPANY: Tige Boats, Inc.; DOCKET NUMBER: 2008-0526-AIR-E; IDENTIFIER: RN104316500; LOCATION: Abilene, Taylor County; TYPE OF FACILITY: boat manufacturing plant; RULE VIOLATED: 30 TAC §122.145(2) and §122.146(2) and THSC, §382.085(b), by failing to submit the semi-annual deviation report within 30 days after the end of the compliance period and failing to submit the annual compliance certification within 30 days after the end of the compliance period; PENALTY: $5,000; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(37) COMPANY: Tony Rhett Dickey; DOCKET NUMBER: 2008-0378-AIR-E; IDENTIFIER: RN105093991; LOCATION: Rhome, Wise County; TYPE OF FACILITY: private residence; RULE VIOLATED: 30 TAC §111.201 and THSC, §382.085(b), by failing to comply with the general prohibition related to outdoor burning; PENALTY: $1,482; ENFORCEMENT COORDINATOR: Jorge Ibarra, (817) 588-5890; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(38) COMPANY: Ysleta Independent School District; DOCKET NUMBER: 2008-0066-AIR-E; IDENTIFIER: RN102304086; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: gasoline dispensing station; RULE VIOLATED: 30 TAC §114.100(a) and THSC, §382.085(b), by failing to comply with the minimum oxygen content of 2.7% by weight of gasoline during the control period of October 1 through March 31; PENALTY: $1,140; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.
TRD-200802772
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 27, 2008
The Texas Commission on Environmental Quality adopted amendments to 30 TAC §330.57, concerning Permit and Registration Applications for Municipal Solid Waste Facilities, in the May 23, 2008, issue of the Texas Register (33 TexReg 4176). Two errors occurred in the rule text for §330.57(i)(3)(C) on page 4181, left column. A comma was omitted and the word "at" was inadvertently included in the text.
Section 330.57(i)(3)(C) should read as follows:
(C) include the words "For further information on how the public may participate in Texas Commission on Environmental Quality (TCEQ) permitting matters, contact TCEQ," the toll free telephone number for the Office of Public Assistance, and the agency's Web site address;
TRD-200802801
The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the City View Road Groundwater Plume State Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, is bounded by Jackson Street on the west, Cloverdale Road on the north, Fairground Road on the east, and one block south of City View Road to the south, and is located in Midland County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.
The City View Road Groundwater Plume was discovered in 2003 during an investigation of an oil spill from a pipeline belonging to All American Pipeline Company. The pipeline runs through an area comprised of site built homes, manufactured homes, and a few small businesses. Analysis of groundwater samples collected by the All American Pipeline Company indicated the presence of petroleum hydrocarbons and tetrachloroethylene (also know as perchloroethylene or PCE). Since PCE is not a constituent of crude petroleum, the company reported their findings to the TCEQ's regional office in Midland for additional investigation. Subsequent investigations by the TCEQ's Emergency Response Program detected petroleum hydrocarbons, arsenic, lead, mercury, and PCE. In addition, the groundwater contained high concentrations of chlorides, sulfates, and fluorides (part of secondary drinking water standards). PCE was detected in twenty-four residential water wells. In October 2004, the site was referred to the TCEQ's Superfund Program. The site is proposed for listing under THSC, Chapter 361, Subchapter F.
The State Superfund Program has been monitoring the residential water wells every four months since November 2004. The federal Safe Drinking Water Standards for PCE is 5.0 parts per billion (ppb). To protect public health, the TCEQ has been installing a granulated activated carbon filter system on any residential water well that showed PCE concentrations above 5.0 ppb. Currently there are eleven filtration systems operating within the site. The area's groundwater is the sole source of water for the residents. The most cost effective solution is to connect the residences with a safe public water supply system as a part of the removal action.
A removal action is appropriate to provide a necessary alternate water supply to the area, and funds from a liable person, independent third person, or the federal government are not sufficient. The City of Midland will supply drinking water to the site and the TCEQ will finance the construction of the waterline. The City of Midland has agreed to design and oversee the construction of the waterline. In addition to the removal action, the TCEQ will conduct a remedial action, selected in accordance with the THSC, §361.187, to address the groundwater contamination.
A portion of the records for this site is available for review during regular business hours at the Midland County Library, Rosalind Redfern Building, 301 West Missouri, Midland, Texas, (432) 688-4320. The copies of the complete public record file may be obtained during business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, MC 199, 12100 Park 35 Circle, Austin, Texas 78753, (800) 633-9363 or (512) 239-2920. Photocopying of file information is subject to payment of a fee. Parking for persons with disabilities is available on the east side of Building D, with convenient to access ramps that are between Buildings D and E.
For further information, please contact Subhash Pal, P.E., TCEQ Project Manager, Remediation Division, at (512) 239-4513, or John Flores, TCEQ Community Relations Coordinator at (512) 239-5674.
TRD-200802715
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 23, 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 July 7, 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 July 7, 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: City of Big Wells; DOCKET NUMBER: 2005-1013-MWD-E; TCEQ ID NUMBER: RN101720357; LOCATION: approximately 2,000 feet west of Farm-to-Market (FM) Road 1867 and 2,200 feet south of United States Highway 85, Big Wells, Dimmit County, Texas; TYPE OF FACILITY: domestic wastewater system; RULES VIOLATED: 30 TAC §305.125(1), Texas Water Code (TWC), §26.121(a), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number 13782001, Effluent Limitations and Monitoring Requirements Numbers 1, 3, and 6, by failing to meet the five-day biochemical oxygen demand, dissolved oxygen, total suspended solids, and pH effluent limitations; and 30 TAC §305.125(17) and TPDES Permit Number 13782001, Monitoring and Reporting Requirements Number 1, by failing to submit timely Discharge Monitoring Reports for the monitoring periods ending February and August 2004; PENALTY: $9,030; STAFF ATTORNEY: Dinniah M. Chahin, Litigation Division, MC 175, (512) 239-0617; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(2) COMPANY: City of Kenedy; DOCKET NUMBER: 2007-0154-MWD-E; TCEQ ID NUMBER: RN102097839; LOCATION: 1/2 mile east of Highway 72 and FM Road 792, Kenedy, Karnes County, Texas; TYPE OF FACILITY: wastewater treatment facility; RULES VIOLATED: 30 TAC §305.125(1), TWC, §26.121(a), and TPDES Permit Number WQ0010746001, Effluent Limitations, by failing to comply with the permitted effluent limits for Biological Oxygen Demand, Total Suspended Solids, and Daily Average Flow at Outfall 001A for the monitoring periods ending June 30, July 31, and August 31, 2006; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010746001, Sludge Provisions, by failing to submit discharge monitoring reports at the intervals specified in the permit; PENALTY: $29,400; Supplemental Environmental Project (SEP) offset amount of $29,400 applied to Karnes County; STAFF ATTORNEY: Justin Lannen, Litigation Division, MC R-4, (817) 588-5927; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.
(3) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2007-0463-AIR-E; TCEQ ID NUMBER: RN102579307; LOCATION: 2800 Decker Drive, Baytown, Harris County, Texas; TYPE OF FACILITY: refining and supply company; RULES VIOLATED: 30 TAC §116.715(a), Texas Health and Safety Code (THSC), §382.085(b), and Air Permit Number 18287, Special Condition (SC) Number 1, by failing to prevent unauthorized emissions; PENALTY: $30,000; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(4) COMPANY: Herman Hinson and Mary Hinson; DOCKET NUMBER: 2007-1093-MSW-E; TCEQ ID NUMBER: RN104541560; LOCATION: Highway 327 to Frecinas Road, L on Hickory Grove Road; 1352/450 Abstract Number 31 Jacob Hill League Parcel 31-101, Kountze, Hardin County, Texas; TYPE OF FACILITY: 13.48 acres of land; RULES VIOLATED: 30 TAC §330.15, by failing to properly dispose of municipal solid waste at an authorized facility; PENALTY: $2,100; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(5) COMPANY: Kirtley Gravel Co., Inc. dba Sharp Sand and Gravel; DOCKET NUMBER: 2007-0141-MLM-E; TCEQ ID NUMBER: RN104777941; LOCATION: 145 Kirtley Road, Smithville, Fayette County, Texas; TYPE OF FACILITY: sand and gravel mining facility; RULES VIOLATED: 30 TAC §297.11 and TWC, §11.081, by failing to obtain the appropriate authorization prior to pumping state water from Bartons Creek for industrial use; PENALTY: $525; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Austin Regional Office, 2800 South Interstate Highway 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.
(6) COMPANY: Michael Nassif; DOCKET NUMBER: 2007-1054-PST-E; TCEQ ID NUMBER: RN101884286; LOCATION: 7502 Synott Road, Houston, Harris County, Texas; TYPE OF FACILITY: facility that provided retail sales of gasoline; RULES VIOLATED: 30 TAC §334.49(c)(2)(C) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly; 30 TAC §334.49(c)(4) and TWC, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; and 30 TAC §334.7(d)(3), by failing to provide amended registration for any change or additional information regarding underground storage tanks within 30 days from the date of the occurrence of the change or addition; PENALTY: $5,145; STAFF ATTORNEY: Gary Shiu, Litigation Division, MC R-12, (713) 422-8916; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(7) COMPANY: Robert Perry dba American Camp and Mobile Home Park; DOCKET NUMBER: 2003-0213-MWD-E; TCEQ ID NUMBER: RN102676715; LOCATION: 10348 West Highway 90, Del Rio, Val Verde County, Texas; TYPE OF FACILITY: recreational vehicle park and mobile home subdivision; RULES VIOLATED: TWC, §26.121(a)(1), by failing to obtain a permit prior to discharging waste into or adjacent to waters in the state; PENALTY: $4,200; STAFF ATTORNEY: Jim Sallans, Litigation Division, MC 175, (512) 239-2053; REGIONAL OFFICE: Laredo Regional Office, 707 East Calton Road, Suite 304, Laredo, Texas 78041-3887, (956) 791-6611.
(8) COMPANY: Southwestern Electric Power Company dba SWEPCO; DOCKET NUMBER: 2004-1364-AIR-E; TCEQ ID NUMBER: RN100213370; LOCATION: 1187 County Road 4865, Pittsburg, Titus County, Texas; TYPE OF FACILITY: power plant; RULES VIOLATED: 30 TAC §§101.10(b), 122.143(4), and 122.145(2)(A), THSC, §382.085(b), and Operating Permit O-00026, SC Number 2.E., by failing to report particulate matter (PM) from routine maintenance on the electrostatic precipitators (ESPs) on the 2002 and 2003 emission inventories and by failing to report this deviation on the compliance certification/deviation report covering the periods of this deviation; 30 TAC §106.8(c)(2)(A) and §106.263(g) and THSC, §382.085(b), by failing to record the amount of contaminants emitted during ESP maintenance; 30 TAC §116.115(c) and §122.143(4), THSC, §382.085(b), Permit Number 4381/PSD-TX-3, SC Numbers 2, 3, and 4, and Permit Number O-00026, SC Number 11, by failing to maintain the maximum allowable firing rate (heat input) below 5,156 million British thermal units per hour (MMBtu/hr) at times between January 1, 2001 and April 30, 2004; and 30 TAC §122.143(4) and §122.146(1), THSC, §382.085(b), and Operating Permit O-00026, General Condition (GC), by failing to certify compliance with the terms and conditions of Operating Permit Number O-00026 for the period beginning April 9 and ending on October 9, 2003; PENALTY: $98,176; SEP offset amount of $49,088 applied to Texas Association of Resource Conservation & Development Areas, Inc. Clean School Bus; STAFF ATTORNEY: Kathleen Decker, Litigation Division, MC 175, (512) 239-6500; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.
(9) COMPANY: TOTAL Petrochemicals USA, Inc.; DOCKET NUMBER: 2007-0172-AIR-E; TCEQ ID NUMBER: RN102457520; LOCATION: 7600 32nd Street, Port Arthur, Jefferson County, Texas; TYPE OF FACILITY: petroleum refinery; RULES VIOLATED: 30 TAC §101.201(b)(4), (7), (8), and (10) and THSC, §382.085(b), by failing to properly submit a final record for 24 emissions events with respect to common name of area, complete identification, and quantification of emitted compounds or related limits; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 54026, SC 1, by failing to prevent unauthorized emissions releases. Eleven emissions events occurred between February 12 and July 23, 2004, during which sulfur dioxide (SO2 ), hydrogen sulfide (H2S), volatile organic compounds (VOCs), carbon monoxide (CO), and oxides of nitrogen (NOx) from Emission Point Numbers (EPNs) 41NORTHFLARE, 53SOUTHFLR, or 53MIDFLARE; 30 TAC §101.20(3) and §116.115(b)(2)(F) (formerly §116.115(b)(2)(G)), THSC, §382.085(b), and TCEQ Air Permit Number 18936/PSD-TX-762M2, GC 8, by failing to prevent unauthorized emission releases. Beginning on January 26, 2004, EPN 55RGNFLUGS at the Fluidized Catalytic Cracking Unit (FCCU) released 13,491.01 pounds (lbs) of CO in excess of limits and 12,714.71 lbs of SO2 in excess of limits, intermittently for 72 hours (hrs) during a 356-hour period; no information available on the amount of PM released; 30 TAC §101.20(3) and §116.115(b)(2)(F), formerly (G), THSC, §382.085(b), and TCEQ Air Permit Number 18936/PSD-TX-762M2, Maximum Allowable Emission Rate Table (MAERT), by failing to prevent unauthorized emission releases. Beginning on June 13, 2003, during a three-hour two-minute (min) period, the South Flare, EPN 142, released 5,073.07 lbs of SO2 in excess of the limit of 0.34 pounds per hour (lbs/hr); 30 TAC §101.201(b)(7) and (8), and (c) and §101.211(c) and THSC, §382.085(b), by failing to submit a final record no later than two weeks after the end of the emissions event or scheduled activity causing the emissions; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 54026, SC 1, by failing to prevent unauthorized emission releases. Two emissions events occurred respectively on July 14 and July 22, 2004, at EPN 41NORTHFLARE, with respective durations of 53.33 and 14.97 hrs, emitting significant quantities of SO2 and H2S; 30 TAC §§101.20, 111.111(a)(4), 113.100, 113.34, and 116.115(c), 40 Code of Federal Regulations (CFR) §60.18(c) and §63.11(a), THSC, §382.085, and TCEQ Air Permit Number 54026, SC 4 and 5, by failing to properly operate EPN 53SOUTHFLR; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 9195A/PSD-TX-TX453M6, SC 1, by failing to maintain an emission rate below the allowable emission limits. Two emissions events occurred at the Tail Gas Thermal Oxidizer (EPN 125): (1) on July 14, 2004, during a 10.76-hour period, 44,784.01 lbs of SO2 and 469.74 lbs of H2S were emitted in excess of limits; and (2) on July 23, 2004, for a 12.27-hour duration, 63,673.00 lbs of SO2 and 672.32 lbs of H2S were emitted above limits; 30 TAC §101.201(b)(7) and (8) and THSC, §382.085(b), by failing to completely speciate the VOC emissions in the final reports for emissions events that began on September 16 and October 15, 2004, and by failing to specify the presence and quantity of CO released during an April 22, 2005, emissions event in its final report; 30 TAC §101.201(a) and (g) and THSC, §382.085(b), by failing to electronically submit the final report for the emissions event that began on November 14, 2004, and by failing to notify the TCEQ within 24 hrs of the April 22, 2005, emissions event; 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 49743, SC 1, by failing to prevent unauthorized emissions above permitted limits. Specifically, on October 15, 2004, EPN 22TANK0475 at Tank 475 released approximately 3,358 lbs of VOCs in excess of permitted limits during a 209-hour period; 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 54026, SC 1, by failing to prevent unauthorized emissions above permitted limits during two emissions events. Specifically, beginning on September 16, 2004, EPN 53SOUTHFLR at the Area 1 East End Complex released approximately 254 lbs of H2S and 2,247 lbs of VOC in excess of permitted limits during a 1.08-hour period and beginning on November 14, 2004, EPN 41NORTHFLR at the Area 2 FCCU released approximately 86 lbs of H2S, 1,574 lbs of SO2 , and 7,964 lbs of VOC in excess of permitted limits during a 20.27-hour period; 30 TAC §101.20(3) and §116.115(b)(2), THSC, §382.085(b), and TCEQ Air Permit Number 18936/PSD-TX-762M2, GC 8, by failing to prevent unauthorized emissions above permitted limits. Beginning on April 22, 2005, EPN 55RGNFLGS at the Area 2 FCCU released approximately 377 lbs of NOx in excess of permitted limits during a seven-hour period; 30 TAC §101.20(1) and (3) and §116.115(c), 40 CFR §60.104(b)(1), THSC, §382.085(b), and TCEQ Air Permit Number 18936/PSD-TX-762M2, SC 1A and 8, by failing to maintain the SO2 and NOx concentrations below the maximum allowable limits; 30 TAC §101.20 and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 9193A/PSD-TX-453M6, MAERT, by failing to maintain an emission rate below the allowable for the North Flare (EPN 307), which is for emergency use only, limiting the amount of emissions to a rate of zero during non-emergency operations-Startup, Shutdown, and Maintenance (SSM) activities. Two such events began on August 16 and September 21, 2003, respectively; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 9193A/PSD-TX-453M6, MAERT, by failing to maintain an emission rate below the allowable for the North Flare (EPN 307), which is for emergency use only, limiting the amount of emissions to a rate of zero during non-emergency operations-SSM activities, during an emissions event which began on February 8, 2003; 30 TAC §101.201(a)(1)(B) and (2)(D) and THSC, §382.085(b), by failing to properly notify the TCEQ Regional Office within 24 hrs of the reportable emissions events of February 8 - 22, 2003, with respect to EPN 307 and the reportable emission events of September 21, 2003, with respect to EPNs 307 and 142; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 18936/PSD-TX-762M2, MAERT, by failing to maintain an emission rate below the allowable rate for the South Flare (EPN 142) during an emissions event which started on September 21, 2003; 30 TAC §101.201(a)(2)(D) and (b)(4) and THSC, §382.085(b), by failing to properly notify the TCEQ Regional Office of the reportable emissions event of August 16 - 17, 2003; 30 TAC §101.211(b)(8) and (9) and THSC, §382.085(b), by failing to submit a final record containing a compound descriptive type of all individually listed compounds to have been released during SSM activity, their estimated total quantities, and the authorized emissions limits for applicable compounds; 30 TAC §101.211(c) and THSC, §382.085(b), by failing to submit a final record no later than two weeks after the end of the scheduled SSM activity; 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 54026, SC1, and MAERT, by failing to maintain an emission rate below the allowable limits. There are 16 emissions events between December 31, 2003, and August 18, 2004, which exceeded the MAERT; 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 54026, SC1 and MAERT, by failing to maintain an emission rate below the allowable limit on December 31, 2003, when EPN 41NORTHFLR released 27,704.51 lbs of SO2 for 4.55 hrs in excess of its 4.13 lbs/hr limit. CO, NOx, and VOC emissions were not reported; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 9195A/PSD-TX-453M6, SC 1, by failing to maintain an emission rate below the permitted limit. The Shell Claus Offgas Treater (SCOT) Tailgas Incinerator (EPN 125) had the following unauthorized emission event releases in excess of the MAERT limit of 38 lbs/hr for SO2 and 1.88 lbs/hr for H2 S: on May 23, 2004, during a two-hour and 22-minute period, 93.49 lbs of H2S, and 9,380 lbs of SO2; 30 TAC §101.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and TCEQ Air Permit Number 9195A/PSD-TX-453M6, SC 1, by failing to maintain an emission rate below the permitted limit. The SCOT Tailgas Incinerator (EPN 125) had the following unauthorized emission events in excess of the MAERT limit of 38 lb/hr for SO2 and 1.88 lb/hr for H2S: on April 1, 2004, during a five-hour and five-minute period, 211.65 lb of H2 S, and 21,036 lb of SO2; 30 TAC §101.201(b)(4), (7), and (8) and §101.211(b)(5), (8), and (9) and THSC, §382.085(b), by failing to include all of the required information in the final reports submitted for the emission event reporting; 30 TAC §101.201(a)(1)(B) and (c) and THSC, §382.085(b), by failing to submit a final report within two weeks if the information differs from the information provided in the initial notification; 30 TAC §116.110(a) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and Permit Numbers 9193A, PSD-TX-453M6, Maximum Allowable Emission Sources-SC2, 9195A, PSD-TX-453M6, MAERT-SC 1, 54026, MAERT-SC 1, 18936, PSD-TX-762M2, GC 8, and 49743, MAERT-SC 1, by emitting into the atmosphere unauthorized air contaminants during 15 emissions events; 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and Permit Numbers 9193A, PSD-TX-453M6, Maximum Allowable Emission Sources-SC 2, 9195A, PSD-TX-453M6, Maximum Allowable Emission Sources-SC 1, 49743, MAERT-SC1, and 54026, MAERT-SC 1, by emitting into the atmosphere unauthorized air contaminants during four emission events; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and Permit Number 9195A/PSD-TX-453M6, SC 5, by failing to maintain the minimum flame temperature at the SRU Thermal Reactor (EPN F310) when processing sour water stripping gas; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and Permit Number 9195A/PSD-TX-453MC, SC 6, by failing to maintain a minimum sulfur recovery efficiency of at least 99.9% at SRU I and SRU II on January 14 - 18, 23, and March 8 - 10, 2004; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 17352, SC 4C, by failing to replace spent canister media within five days after breakthrough was detected on December 16, 2003 in the three activated carbon canisters in which emissions from tanks 300, 302, 303, and 310 - 315 are routed through; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and Permit Number 18936/PSD-TX-762M2, SC 8, by failing to maintain an emission limit below the maximum allowable concentration for NOx and SO2 at the FCCU flue gas vent (EPN 55RGNFLUGS); 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 43109, SC 3A, by failing to maintain the NOx emission limit below the allowable hourly average for Boilers 300 (EPN 61STKBLR) and 350 (EPN 61STKBLR) during the time period from January 7 - February 28, 2004; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 46396, by failing to conduct proper maintenance at the Tank 926 Flare (EPN 22TK926FLR) and the Benzene Tank Flare (EPN 50BZTNKFLR) from January 2003 - April 2004; THSC, §382.085(b) and Standard Exemption 106 (effective October 5, 1995), by failing to maintain a firing rate of 63 MMBtu/hr or less at the BTX Heater H-52; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and Permit Numbers 54026, SC 1 and 9195A/PSD-TX-453M6, SC 1, by failing to maintain an emission rate below the maximum allowable emission rates for the Tailgas Thermal Oxidizer (EPN 125) and the North Flare (5) (EPN 41NORTHFLR); 30 TAC §101.201(b)(7) and (8) and THSC, §382.085(b), by failing to properly report an emissions event which occurred on June 21, 2003; 30 TAC §101.20(3) and §116.115(b)(2)(F), THSC, §382.085(a) and (b), and Permit 18936/PSD-TX-762M2, by failing to maintain an emission rate below the maximum allowable emission rate for the South Flare (EPN 142) and by failing to prevent unauthorized emissions from the C-200 Sour Fuel Gas Compressor on June 20 - 21, 2003; 30 TAC §101.201(b)(7) and (8) and THSC, §382.085(b), by failing properly report an emissions event which occurred on February 25 - 27, 2003; 30 TAC §101.20(3) and §116.115(b)(2)(F), THSC, §382.085(b), and Permit 18936/PSD-TX-762M2, by failing to maintain an emission rate below the maximum allowable emission rate for the South Flare (EPN 142) during intermittent lifting of the safety relief valve on C-1A&B at the Atmospheric Crude Unit Number 1 from February 25 - 27, 2003; 30 TAC §101.201(c) and THSC, §382.085(b), by failing to satisfy the final reporting requirements for a reportable emission event which occurred on February 27, 2003; THSC, §382.085(a), by failing to prevent the unauthorized release of 14.55 lbs of benzene into the atmosphere from a leak in the inlet line to the T-4 Recovery Tower on February 27, 2003; 30 TAC §101.201(b)(7) and THSC, §382.085(b), by failing to satisfy the final reporting requirements for a reportable emission event which occurred on May 1 - 3, 2003; THSC, §382.085(a), by failing to prevent the release of unauthorized benzene emissions from a pinhole leak on the level bridle of the Depentanizer Overhead Drum on May 1 - 3, 2003; 30 TAC §101.201(a)(1)(B) and (2)(D) and THSC, §382.085(b), by failing to properly notify the regional office of a reportable emissions event which occurred on July 17, 2003; 30 TAC §101.20(3) and §116.115(b)(2)(F), THSC, §382.085(a) and (b), and Permit 18936/PSD-TX-762M2, by failing to maintain an emission rate below the maximum allowable emission rate for the South Flare (EPN 142) and by failing to prevent unauthorized emissions from the Sour Water Stripper 2 line during the emissions event on July 17, 2003; 30 TAC §101.201(b) and THSC, §382.085(b), by failing to properly report an emissions event that occurred at Natural Gas Liquid (NGL) Sphere 848 on March 16 - 17, 2004; THSC, §382.085(a), by failing to prevent the unauthorized release of 10 lbs of benzene from NGL Sphere 848 on March 16 - 17, 2004; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to properly report an emissions event at Compressor C-301 at the ACU-2 unit which began on December 22, 2003, and ended on December 23, 2004; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 54026, SC 1, by failing to maintain an emission rate below the maximum allowable emission rates for the North Flare (5) (EPN 41NORTHFLR) on December 22 - 23, 2003; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(a) and (b), and Permit 9193A/PSD-TX-453M6, SC2, by failing to comply with the emission limitations at the UNIBON Heater (EPNUNIBH301) and by failing to prevent unauthorized emissions at the Area 1 Resid Processing Complex on February 23 - 26, 2004, when a valve on the startup line between the heater and V-7 was left open; 30 TAC §101.201(a)(1)(B) and (b)(8) and THSC, §382.085(b), by failing to properly report three emissions events which began on December 9, 2003, at 6:25 p.m. from the SRU 1, Distillate Hydrotreater 2, and Amine Treater; 30 TAC §101.201(b)(8) and THSC, §382.085(b), by failing to properly report two emissions events which began on December 9, 2003 at the North and South Flares; 30 TAC §§101.20(3), 111.111(a)(4)(A)(i), and 116.115(c), THSC, §382.085(b), and Permit Numbers 9195A/PSD-TX-453M6, SC1 and 54026, SC 1 and 5, by failing to prevent unauthorized emissions from the North Flare, South Flare, Distillate Hydrotreater Number 2, SRU 1, and Amine Treater during the time period of December 9 - 14, 2003; 30 TAC §101.201(a)(1)(B) and (b)(10) and THSC, §382.085(b), by failing to properly report an emissions event that occurred at the Area 1 NAC which began on November 9, 2003; 30 TAC §116.115(c), THSC, §382.085(b), and Permit Number 54026, SC 1, by failing to prevent unauthorized emissions from the South Flare on November 9, 2003. During the event at the Area 1 NAC, the Flare Gas Recovery System was down so that emissions were routed to the South Flare which exceeded the maximum allowable emission limits of 32.99 and 10.66 lbs/hr for SO2 and NOx, respectively; 30 TAC §101.20(3) and §116.115(c), THSC, §382.085(b), and Permit Numbers 54026, SC 1 and 9195A/PSD-TX-453M6, SC 1, by failing to prevent unauthorized emissions released from the SCOT Tailgas Incinerator and North Flare on October 16, 2003, when an operator inadvertently closed a fuel gas supply control valve to the SCOT unit; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to notify the Beaumont Regional Office within 24 hrs of a reportable emissions event. The event was discovered on October 31, 2004, at 0919 hrs and was reported on November 1, 2004, at 1132 hrs; 30 TAC §101.20(1) and (3) and §116.115(b)(2)(F) and (c), 40 CFR §60.104(b)(1), THSC, §382.085(b), and Air Permit Number 18936/PSD-TX-762M2, GC 8 and SC 1A, by failing to maintain an emission rate below the authorized emission limit. Unauthorized emissions of 7,350.56 lbs of SO2 were released from the Wet Gas scrubber on October 31, 2004. Additionally, the SO2 concentration was not maintained below the maximum allowable limit of 50 parts per million during the emissions event; 30 TAC §116.115(b)(2)(F) and (c) and THSC, §382.085(b), by failing to prevent unauthorized VOC emissions of 432 lbs on November 8, 2004; 30 TAC §116.115(c), THSC, §382.085(b), and Air Quality Permit Number 54026, SC 1, by failing to prevent unauthorized emissions of 1,648.76 lbs of SO2 during a one-hour 36-minute emissions event which occurred at the South Flare on May 3, 2005; 30 TAC §110.20(3) and §116.115(b)(2)(F) and (c), THSC, §382.085(b), and Air Quality Permit Number 18936/PSD-TX-762M2, by failing to maintain the VOCs emission rate below 7.56 lbs/hr at the FPM Cooling Tower between May 17, 2005, and December 15, 2005; 30 TAC §106.371 and THSC, §382.085(b), by failing to maintain the VOCs emission rate below 0.07 lbs/hr at the 805 Reformer Cooling Tower from March 15 - 18, 2005 when unauthorized emissions of 560.8 lbs of benzene, 1,062.6 lbs of toluene, and 88.8 lbs of xylene (a total of 1,712.2 lbs of VOCs) occurred; 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and Air Quality Permit Number 54026, SC 1, by failing to prevent unauthorized emissions of 1835.42 lbs of SO2 during a nine hr emissions event which occurred at the Middle Flare (EPN-53 MIDFLARE) on June 19, 2005; 30 TAC §101.201(a)(1)(B) and THSC, §382.085(b), by failing to properly notify the TCEQ Beaumont Regional Office of a reportable emissions event. Specifically, an emissions event began on June 19, 2005, at 1145 hrs, but was not reported until June 20, 2005, at 1553 hrs, in excess of the 24-hour reporting requirement; 30 TAC §106.6(b), THSC, §382.085(b), and Permit by Rule Registration Number 72930, by failing to prevent unauthorized emissions from Tank 532 (EPN 22TANK0532) on August 19, 2005 due to an emissions event; 30 TAC §§122.145(2)(A), 122.146(1), and 122.165(b), THSC, §382.085(b), and Federal Operating Permit (FOP) O-02222, by failing to report the occurrence of deviations in a Semiannual Deviation Report (SDR), by failing to submit an Annual Compliance Certification (ACC), and by failing to properly certify a SDR; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), THSC, §382.085(b), FOP Number O-1267, General Terms and Conditions and Special Terms and Conditions 27, and Air Permit 54026, SC 1, by failing to prevent unauthorized emissions of 7.35 lbs of H2 S and 675.88 lbs of SO2 during a 14.57-hour emissions event which occurred at the South Flare during the startup of Unit 804 on December 29, 2006; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), THSC, §382.085(b), FOP Number O-01267, General Terms and Conditions and SC 27, and Air Permit Number 18936/PSD-TX-762M3, GC 8, by failing to maintain VOCs emissions below the allowable emissions rate. Specifically, 592,311 lbs of unauthorized VOC from the FPM Cooling Tower were released from July 12 - November 27, 2006 due to exchanger leaks within the saturated Liquids and Crude Units; 30 TAC §§101.20(3), 116.115(b)(2)(F) and (c), and 122.143(4), THSC, §382.085(b), FOP Number O-001267, General Terms and Conditions and SC 27, Air Permit Number 54026, SC 1, and Air Permit Number 9195A, PSD-TX-453M6, SC 1, by failing to prevent unauthorized emissions of 229.98 lbs of H2S, 22,144.41 lbs of SO2, 352.24 lbs of NOx, 666.45 lbs of CO, 19.42 lbs of PM, 30.76 lbs of VOC, and 10.10 lbs of ammonia from the North and South Flares and the Sulfur Recovery Tail Gas Oxidizer during a four-hour 40-minute emissions event on November 29, 2006; 30 TAC §116.115(b)(2)(F) and (c) and §122.143(4), THSC, §382.085(b), FOP Number O-01267 General Terms and Conditions and SC 27, and Air Permit Number 54026, SC 1, by failing to prevent unauthorized emissions of 13.51 lbs of H2S and 1,264.68 lbs of SO2 from the North and South Flares during a two-hour 42-minute emissions event on December 10, 2006; and 30 TAC §116.115(b)(2)(F) and (c), THSC, §382.085(b), and Air Permit Number 54026, SC 1 and GC 8, by failing to prevent unauthorized emissions of 99.28 lbs of H2S and 9,078.06 lbs of SO2 from Unit 835; PENALTY: $749,910; SEP offset amount of $374,955 STAFF ATTORNEY: Jeffrey J. Huhn, Litigation Division, MC 175, (512) 239-5111; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.
(10) COMPANY: Waste Control Specialists LLC; DOCKET NUMBER: 2006-0796-MLM-E; TCEQ ID NUMBER: RN101702439; LOCATION: 9998 West State Highway 176, Andrews, Andrews County, Texas; TYPE OF FACILITY: commercial waste transfer, treatment, storage, and disposal facility; RULES VIOLATED: 30 TAC §331.6 and §336.203, by injecting radioactive wastes without authorization into or above a formation, located within one-quarter mile of the well that serves as an underground source of drinking water and by disposing of radioactive material without having a radioactive material disposal license; and 30 TAC §335.42(2) and (3), by causing, suffering, allowing, or permitting the collection, handling, storage, processing, or disposal of industrial solid waste in a manner as to cause the reaction and maintenance of a nuisance or the endangerment of the public health and welfare; PENALTY: $151,200; SEP offset amount of $65,970 applied to City of Andrews First Time Water & Sewer Service for Low Income Residents; STAFF ATTORNEY: Robert Mosley, Litigation Division, MC 175, (512) 239-0627; REGIONAL OFFICE: Midland Regional Office, 3300 North A Street, Building 4, Suite 107, Midland, Texas 79705-5404, (915) 570-1359.
TRD-200802774
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 27, 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 July 7, 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 July 7, 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: Cleaning Stop LLC dba Crystal Cleaners; DOCKET NUMBER: 2006-1400-DCL-E; TCEQ ID NUMBER: RN103988812; LOCATION: 108 Ovilla Road, Suite 5, Red Oak, Ellis County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and Texas Health and Safety Code (THSC), §374.102, by failing to renew the registration by completing and submitting 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 (TWC), §5.702, by failing to pay dry cleaner registration fees for TCEQ Financial Administration Account Number 24003943 and associated late fees for Fiscal Year 2006; PENALTY: $270; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
(2) COMPANY: Demitree Ochoa dba Yo Cleaners; DOCKET NUMBER: 2006-1211-DCL-E; TCEQ ID NUMBER: RN104097530; LOCATION: 9305 North Wayside Drive, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning drop station facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the facility's registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(3) COMPANY: Hari Enterprises, L.L.C.; DOCKET NUMBER: 2006-0175-PWS-E; TCEQ ID NUMBER: RN102280518; LOCATION: 21411 Highway 59, El Campo, Wharton County, Texas; TYPE OF FACILITY: gas station with a public water supply; RULES VIOLATED: 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to conduct routine monthly bacteriological sampling of the public drinking water supply and by failing to provide public notification of the failure to conduct monthly bacteriological sampling; PENALTY: $2,835; STAFF ATTORNEY: Mary E. Coleman, Litigation Division, MC R-4, (817) 588-5917; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.
(4) COMPANY: Inwood Center, LLC dba 99 Center Cleaners aka Inwood Center, LLC dba Inwood Center Cleaners; DOCKET NUMBER: 2006-1719-DCL-E; TCEQ ID NUMBER: RN104158167; LOCATION: 2311 Little York Road, Suite A, Houston, Harris County, Texas; TYPE OF FACILITY: dry cleaning facility; RULES VIOLATED: 30 TAC §337.11(e) and THSC, §374.102, by failing to renew the registration by completing and submitting the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $420; 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.
(5) COMPANY: Irma M. Saldivar dba Saldivar Food Store 2; DOCKET NUMBER: 2005-0614-PST-E; TCEQ ID NUMBER: RN102717543; LOCATION: 901 East Harrison Avenue, Harlingen, Cameron County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum USTs; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding underground storage tank fees for TCEQ Financial Account Number 0051655U for Fiscal Year 2004; PENALTY: $2,140; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Harlingen Regional Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247, (956) 425-6010.
(6) COMPANY: Laura Strawbridge dba K & L Carwash; DOCKET NUMBER: 2005-1613-IWD-E; TCEQ ID NUMBER: RN104580378; LOCATION: 200 4th Street, Graham, Young County, Texas; TYPE OF FACILITY: carwash; RULES VIOLATED: TWC, §26.121(a), by failing to obtain an authorization from the TCEQ to discharge process wastewater from a commercial carwash into or adjacent to water in the state; PENALTY: $2,100; STAFF ATTORNEY: Jacquelyn Boutwell, Litigation Division, MC 175, (512) 239-5846; REGIONAL OFFICE: Abilene Regional Office, 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.
(7) COMPANY: Weratich Investments, Inc. dba Roadies; DOCKET NUMBER: 2005-0277-PST-E; TCEQ ID NUMBER: RN101432193; LOCATION: 1002 South Stemmons Freeway, Lake Dallas, Denton County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §37.815(a) and (b), by failing to demonstrate financial assurance for taking corrective action and for compensating third parties for bodily injury and property damage caused by accidental releases arising from the operation of petroleum underground storage tanks (USTs); 30 TAC §334.8(c)(5)(A)(i), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before delivery of a regulated substance into the USTs can be accepted; 30 TAC §334.8(c)(5)(B)(i), by failing to ensure that an application for renewal of a delivery certificate is properly and timely filed; 30 TAC §334.50(b)(1)(A), (2)(A), and (2)(A)(i)(III) and TWC, §26.3475(a) and (c)(1), by failing to ensure that all tanks are monitored for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to monitor piping in a UST system in a manner which will detect a release from any portion of the piping system, and by failing to test the line leak detector at least once per year for performance and operational reliability; 30 TAC §334.49(c)(2)(C) and (4)(C) and TWC, §26.3475(d), by failing to inspect the impressed current cathodic protection system at least once every 60 days to ensure that the rectifier and other system components are operating properly and by failing to inspect and test the cathodic protection system for operability and adequacy of protection within three to six months after installation and at a subsequent frequency of at least once every three years; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment at least once every 12 months or upon major system replacement of modification, whichever occurs first; 30 TAC §§334.10(b)(1)(B), 115.246(7)(A), and 115.242(2) and THSC, §382.085(b), by failing to maintain legible copies of all required records pertaining to an UST system in a secure location on the premises of the UST facility, immediately accessible for reference and use by the UST system operator, and immediately available for inspection upon request by agency personnel, by failing to maintain Stage II records on-site at facilities ordinarily manned during business hours, and by failing to maintain the Stage II vapor recovery system in proper operating condition; and 30 TAC §334.8(c)(5)(C), by failing to ensure that all USTs are properly identified as listed on the facility's UST Registration & Self-Certification Form; PENALTY: $35,750; STAFF ATTORNEY: Alfred Oloko, Litigation Division, MC R-12, (713) 422-8918; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.
TRD-200802775
Mary R. Risner
Director, Litigation Division
Texas Commission on Environmental Quality
Filed: May 27, 2008
The Texas Commission on Environmental Quality (commission) will conduct a public hearing to receive testimony concerning proposed revisions to 30 TAC Chapter 37, Subchapter X, Financial Assurance Requirements for Brine Evaporation Pits; and proposed new Chapter 218, Brine Evaporation Pits.
The proposed rulemaking would implement Senate Bill 1037 requiring regulation of evaporation pits operated for the commercial production of brine water, minerals, salts, or other naturally occurring substances that are not regulated under the authority of the Texas Railroad Commission. The rulemaking includes standards to prevent pollution of surface and groundwater resources from brine evaporation pit operations and requires adequate financial assurance to ensure satisfactory brine evaporation pit closure and third party pollution liability insurance.
The commission will hold a public hearing on this proposal in Austin on June 24, 2008 at 10:00 a.m. in Room 201 of Building B, at the commission's central office located at 12100 Park 35 Circle. The hearing will be structured for the receipt of oral or written comments by interested persons. Registration will begin 30 minutes prior to the hearing. Individuals may present oral statements when called upon in order of registration. There will be no open discussion during the hearing; however, commission staff members will be available to informally discuss the proposal 30 minutes before the hearing.
Persons who have special communication or other accommodation needs who are planning to attend the hearing should contact Kristin Smith, Office of Legal Services, at (512) 239-0177.
Comments may be submitted to Kristin Smith, MC 205, Office of Legal Services, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087, or faxed to (512) 239-4808. Electronic comments may be submitted at http://www5.tceq.state.tx.us/rules/ecomments . File size restrictions may apply to comments submitted through the eComments system. All comments should reference Rule Project Number 2007-034-218-PR. The comment period closes July 7, 2008. Copies of the proposed rules can be obtained from the commission's Web site at http://www.tceq.state.tx.us/nav/rules/propose_adopt.html . For further information, please contact David W. Galindo, Wastewater Permitting Section at (512) 239-0951.
TRD-200802711
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 23, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment two draft total maximum daily loads (TMDLs) for dissolved oxygen in Dickinson Bayou (Segments 1103 and 1104) of the San Jacinto-Brazos Coastal Basin, located in Brazoria and Galveston Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDLs for dissolved oxygen in Dickinson Bayou (Segments 1103 and 1104). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDLs. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments will be made available on the TCEQ Web site. The TMDLs will then be submitted to EPA Region 6 for approval. Upon approval, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on June 12, 2008, 7:00 p.m., at the Dickinson Historic Railroad Center, 218 FM 517 West, Dickinson, Texas 77539 . At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Roger Miranda, Water Programs Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., July 5, 2008 , and should reference Two Total Maximum Daily Loads for Dissolved Oxygen in Dickinson Bayou, For Segment Numbers 1103 and 1104. For further information regarding the draft TMDLs, please contact Roger Miranda, Water Programs Division, at (512) 239-6278 or rmiranda@tceq.state.tx.us . Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling Diana Washington at (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact Diana Washington at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200802773
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 27, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment nine draft total maximum daily loads (TMDLs) for bacteria in Clear Creek and Tributaries (Segments 1101, 1101B, 1101D, 1102, 1102A, 1102B, 1102C, 1102D, and 1102E) of the San Jacinto-Brazos Coastal Basin, located in Brazoria, Harris, Galveston, and Fort Bend Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDLs for bacteria in Clear Creek and Tributaries (Segments 1101, 1101B, 1101D, 1102, 1102A, 1102B, 1102C, 1102D, and 1102E). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDLs. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments will be made available on the TCEQ Web site. The TMDLs will then be submitted to EPA Region 6 for approval. Upon approval, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on June 11, 2008, 5:00 p.m., at the City of League City Civic Center, 300 West Walker, League City, Texas 77573. At this meeting individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Ron Stein, Water Programs Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., July 5, 2008, and should reference Nine Total Maximum Daily Loads for Bacteria in Clear Creek and Tributaries, for Segment Numbers 1101, 1101B, 1101D, 1102, 1102A, 1102B, 1102C, 1102D, and 1102E. For further information regarding the draft TMDLs, please contact Ron Stein, Water Programs Division, at (512) 239-4507 or rstein@tceq.state.tx.us . Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling Diana Washington at (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact Diana Washington at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200802777
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 27, 2008
The Texas Commission on Environmental Quality (TCEQ or commission) has made available for public comment 18 draft total maximum daily loads (TMDLs) for bacteria in Buffalo and Whiteoak Bayous and Tributaries (Segments 1013, 1013A, 1013C, 1014, 1014A, 1014B, 1014E, 1014H, 1014K, 1014L, 1014M, 1014N, 1014O, 1017, 1017A, 1017B, 1017D, and 1017E) of the San Jacinto River Basin, located in Waller, Harris, and Fort Bend Counties. The TCEQ will conduct a public meeting to receive comments on the draft TMDLs. This announcement also constitutes notice that the TMDLs will become part of the State Water Quality Management Plan upon approval by the United States Environmental Protection Agency (EPA).
Texas is required to develop TMDLs for impaired water bodies included in the State of Texas Clean Water Act, §303(d) list of impaired water bodies. A TMDL is a detailed water quality assessment that provides the scientific foundation to allocate pollutant loads in a certain body of water in order to restore and maintain designated uses.
The TCEQ will conduct a public meeting on the draft TMDLs for bacteria in Buffalo and Whiteoak Bayous and Tributaries (Segments 1013, 1013A, 1013C, 1014, 1014A, 1014B, 1014E, 1014H, 1014K, 1014L, 1014M, 1014N, 1014O, 1017, 1017A, 1017B, 1017D, and 1017E). The purpose of the public meeting is to provide the public an opportunity to comment on the draft TMDLs. The commission requests comments on each of the major components of the TMDL: problem definition, endpoint identification, source analysis, seasonal variation, linkage between sources and receiving waters, margin of safety, pollutant loading allocation, public participation, and implementation and reasonable assurances. After the public comment period, TCEQ staff may revise the TMDLs, if appropriate. The final TMDLs will then be considered by the commission for adoption. Upon adoption of the TMDLs by the commission, the final TMDLs and a response to all comments will be made available on the TCEQ Web site. The TMDLs will then be submitted to EPA Region 6 for approval. Upon approval, the TMDLs will be certified as an update to the State of Texas Water Quality Management Plan.
The public comment meeting will be held on June 9, 2008, 4:00 p.m., at the Houston-Galveston Area Council, Conference Room A, 3555 Timmons, Houston, Texas 77027. At this meeting, individuals have the opportunity to present oral statements when called upon in order of registration. An agency staff member will give a brief presentation at the start of the meeting and will be available to answer questions before and after all public comments have been received.
Written comments should be submitted to Ron Stein, Water Programs Division, Texas Commission on Environmental Quality, MC 203, P.O. Box 13087, Austin, Texas 78711-3087 or faxed to (512) 239-1414. All comments must be received by 5:00 p.m., July 5, 2008, and should reference Eighteen Total Maximum Daily Loads for Bacteria in Buffalo and Whiteoak Bayous and Tributaries, For Segment Numbers 1013, 1013A, 1013C, 1014, 1014A, 1014B, 1014E, 1014H, 1014K, 1014L, 1014M, 1014N, 1014O, 1017, 1017A, 1017B, 1017D, and 1017E. For further information regarding the draft TMDLs, please contact Ron Stein, Water Programs Division, at (512) 239-4507 or rstein@tceq.state.tx.us. Copies of the draft TMDL document will be available and can be obtained via the commission's Web site at: http://www.tceq.state.tx.us/implementation/water/tmdl/tmdlcalendar.html or by calling Diana Washington at (512) 239-6682.
Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact Diana Washington at (512) 239-6682. Requests should be made as far in advance as possible.
TRD-200802776
Robert Martinez
Director, Environmental Law Division
Texas Commission on Environmental Quality
Filed: May 27, 2008
The following notices were issued during the period of May 15, 2008 through May 22, 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
BISTONE MUNICIPAL WATER SUPPLY DISTRICT has applied for a renewal of TPDES Permit No. WQ0014012001 which authorizes the discharge of treated filter backwash effluent from a water treatment plant at a daily average flow not to exceed 75,000 gallons per day. The facility is located approximately one mile north of the intersection of State Highway 164 and Farm-to-Market Road 39 in Limestone County, Texas.
BOLIVAR UTILITY SERVICES LLC has applied for a renewal of TPDES Permit No. WQ0012936001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located on the north side of State Highway 87, approximately 3,000 feet west of the intersection of State Highway 87 and Monkhouse Road in the City of Crystal Beach in Galveston County, Texas.
CITY OF CORPUS CHRISTI Del Mar College District; Port of Corpus Christi Authority; Texas Department of Transportation; and Texas A&M University - Corpus Christi, which operate the City of Corpus Christi Municipal Separate Storm Sewer System, have applied for a renewal of NPDES Permit No. TXS000601, which authorizes storm water point source discharges to surface water in the state from the City of Corpus Christi Municipal Separate Storm Sewer System. This permit will be renewed as TPDES Permit No. WQ0004200000. The municipal separate storm sewer system is located in the City of Corpus Christi, in Nueces, Kleberg, San Patricio, and Aransas Counties, Texas.
CITY OF SOUTHSIDE PLACE has applied for a new permit, proposed Texas Pollutant Discharge Elimination System (TPDES) Permit No. WQ0014850001, to authorize the discharge of treated domestic wastewater at a daily average flow not to exceed 265,000 gallons per day. The facility was previously permitted under TPDES Permit No. WQ0010712001 which expired September 1, 2007. The facility is located at 3701 Bellaire Boulevard, approximately 1.5 miles east of the intersection of Interstate Highway 610 and Bellaire Boulevard in Harris County, Texas.
CITY OF THRALL has applied for a renewal of Permit No. WQ0013448001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 66,000 gallons per day via surface irrigation of 26 acres of non public access land. This permit will not authorize a discharge of pollutants into waters in the State. TCEQ received this application on March 3, 2008. The wastewater treatment facility and disposal site are located approximately 1.24 miles south of the intersection of U.S. Highway 79 and Bound Street, south of the City of Thrall in Williamson County, Texas.
DENVER CITY ENERGY ASSOCIATES LP GS ELECTRIC GENERATING COOPERATIVE INC AND GOLDEN SPREAD ELECTRIC COOPERATIVE INC which operates Mustang Station, has applied for a major amendment to TCEQ Permit No. WQ0003951000 to amend the definition of low volume wastewater to include evaporation cooler blowdown and wastewater treated by the oil/water separator from Mustang Station Unit 5 facility. The current permit authorizes the disposal cooling tower blowdown and low volume wastewater at an annual average flow not to exceed 153,600 gallons per day via evaporation. This permit will not authorize a discharge of pollutants into water in the State. The facility and land application site are located at 1937 County Road 390, approximately five miles east of the intersection of State Highway 83 and State Highway 214, approximately five miles east of Denver City, Yoakum County, Texas.
HARRIS COUNTY MUNICIPAL UTILITY DISTRICT NO 150 has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0011863001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,640,000 gallons per day. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 3,000,000 gallons per day. The facility is located at 11621 C Walters Road, approximately three miles west of the intersection of Interstate Highway 45 and Greens Bayou Crossing in Harris County, Texas.
HIGH ISLAND INDEPENDENT SCHOOL DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0013886001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 28,000 gallons per day. The facility is located approximately 4,000 feet north of the intersection of State Highway 124 and State Highway 87 in Galveston County, Texas.
JAMES NICHOLAS VRATIS has applied for a renewal of TPDES Permit No. WQ0014489001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 5,000 gallons per day. The facility will be located on North Redfish Street within the Bolivar Peninsula, approximately 2,250 feet northwest of the intersection of State Highway 87 and North Stingaree Drive in Galveston County, Texas.
LAKE MUNICIPAL UTILITY DISTRICT has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0014598001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 188,000 gallons per day. The facility is located at 1501 1/2 East Freeway, approximately 6,700 feet west of Thompson Road fronting on the north access road of Interstate Highway 10 in Harris County, Texas.
MONTGOMERY COUNTY MUNICIPAL UTILITY DISTRICT NO 56 has applied for a renewal of TPDES Permit No. WQ0013760001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located approximately 4 1/2 miles from Porter along Farm-to-Market Road 1314, northwest of the intersection of U.S. Highway 59 and Farm-to-Market Road 1314 in Montgomery County, Texas.
PINEWOOD COMMUNITY LIMITED PARTNERSHIP has applied to the Texas Commission on Environmental Quality (TCEQ) for a renewal of TPDES Permit No. WQ0012643001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 100,000 gallons per day. The facility is located at 9601 Dowdell Road, approximately 1/4 mile northeast from the intersection of Dowdell Road with Farm-to-Market Road 2920 in Harris County, Texas.
SAN JACINTO RIVER AUTHORITY has applied for a renewal of TPDES Permit No. WQ0011658001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 900,000 gallons per day. The facility is located approximately 2,000 feet east of Interstate Highway 45, approximately 1.5 miles south of Farm-to-Market 1488, adjacent to the Missouri Pacific Railroad tracks and an unnamed tributary in Montgomery County, Texas.
If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.
TRD-200802791
LaDonna Castañuela
Chief Clerk
Texas Commission on Environmental Quality
Filed: May 28, 2008
Request for Proposals #303-8-11705
The Texas Facilities Commission (TFC), on behalf of the Health and Human Services Commission (HHSC), and the Department of Assistive and Rehabilitative Services (DARS), announces the issuance of Request for Proposals (RFP) #303-8-11705. TFC seeks a 5 or 10-year lease of approximately 16,754 square feet of office space in Round Rock, Williamson County, Texas.
The deadline for questions is June 13, 2008; and the deadline for proposals is June 25, 2008 at 3:00 p.m. The award date is August 20, 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=76764.
TRD-200802786
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 28, 2008
The Texas Facilities Commission (TFC), on behalf of the Soil and Water Conservation Board (SWCB), announces the issuance of Request for Proposals (RFP) #303-8-11761. TFC seeks a 10 year lease of approximately 7,000 square feet of office space in Temple, Bell County, Texas.
The deadline for questions is June 18, 2008 and the deadline for proposals is June 30, 2008 at 3:00 p.m. The award date is August 21, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.
Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=76766.
TRD-200802785
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 28, 2008
The Texas Facilities Commission (TFC), on behalf of the Texas Parks and Wildlife Department, announces the issuance of Request for Proposals (RFP) #303-8-11764. TFC seeks a five (5) year lease of approximately 5,115 square feet of office space, maintenance shop and fenced impound lot in Abilene, Taylor, Texas.
The deadline for questions is June 13, 2008 and the deadline for proposals is June 23, 2008 at 3:00 p.m. The award date is July 16, 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=76811.
TRD-200802784
Kay Molina
General Counsel
Texas Facilities Commission
Filed: May 28, 2008
Notification of Consulting Procurement
Pursuant to Chapter 2254, Subchapter B, Texas Government Code, the Texas Health and Human Services Commission (HHSC) announces the release of its Request for Proposals (RFP No. 529-08-0180) to secure the services of a qualified vendor to assist the State in completing the Medicaid Information Technology Architecture (MITA) State-Self Assessment (SS-A), the gap analysis and the to-be MITA roadmap. HHSC seeks to contract with a single qualified consultant to fulfill the requirements pursuant to this RFP.
The primary objectives for this procurement are to assist HHSC in fulfilling Centers for Medicare and Medicaid Services (CMS) direction to participate in the CMS national MITA initiative. HHSC intends to procure vendor services to develop the following deliverables:
* MITA Texas Medicaid State Self-Assessment
* "To-be" project road map that describes and prioritizes tasks and provides a high-level implementation schedule.
* Gap Assessment using the SS-A as the "as-is" inventory and identifying the gaps between the current Texas Medicaid processes and systems and the MITA Framework 2.0.
The RFP is located in full on HHSC's Business Opportunities Page under "Contracting Opportunities" link at http://www.hhsc.state.tx.us/about_hhsc/BusOpp/BO_opportunities.html. HHSC also posted notice of the procurement on the Texas Marketplace on May 30, 2008.
The successful contractor will be expected to identify the "As Is" state and "To Be" (target) state of a State's Medicaid business enterprise. Using a standard methodology and tools to document the way a State conducts business now, and plans to conduct business in the future, the MITA SS-A provides a baseline that will facilitate collaboration between the States and CMS, between the States and industry, and among the States themselves. This is accomplished by using the MITA SS-A process to align States' Medicaid business areas to MITA's 8 business areas and sub-areas, then to map a States' business processes to those contained in MITA Framework 2.0.
Texas Health and Human Services Commission's Sole Point-of-Contact for Procurement:
Elizabeth Ward, Purchaser
Texas Health and Human Services Commission
Enterprise Contracts and Procurement Services (ECPS) Department
909 West 45th Street; Building 1
Mail Code: 2020
Austin, Texas 78751
Telephone: (512) 206-5540
Fax: (512) 206-5475
E-mail: elizabeth.ward@hhsc.state.tx.us
All questions regarding the RFP must be sent in writing to the above-referenced contact by Close of Business (COB) on June 12, 2008, HHSC will post all written questions received with HHSC's responses on its website on July 7, 2008, or as they become available. All proposals must be received at the above-referenced address on or before 2:00 p.m. Central Time on July 21, 2008. Proposals received after this time and date will not be considered.
HHSC will not hold a Vendor Conference for this procurement.
All proposals will be subject to evaluation based on the criteria and procedures set forth in the RFP. HHSC reserves the right to accept or reject any or all proposals submitted. HHSC is under no legal or other obligation to execute any contracts on the basis of this notice. HHSC will not pay for costs incurred by any entity in responding to this RFP.
TRD-200802779
Steve Aragón
Chief Counsel
Texas Health and Human Services Commission
Filed: May 27, 2008
Application for admission to the State of Texas by SPRINGFIELD INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Covina, California.
Application for admission to the State of Texas by UNIVERSAL HEALTH CARE, INC., under the assumed name TEXAS UNIVERSAL, a health maintenance organization (HMO). The home office is in St. Petersburg, Florida.
Application for admission to the State of Texas by UNIVERSAL HEALTH CARE, INC., under the assumed name TEXAS UNIVERSAL HEALTHCARE, a health maintenance organization (HMO). The home office is in St. Petersburg, Florida.
Any objections must be filed with the Texas Department of Insurance, within twenty (20) calendar days from the date of the Texas Register publication, addressed to the attention of Godwin Ohaechesi, 333 Guadalupe Street, M/C 305-2C, Austin, Texas 78701.
TRD-200802790
Gene C. Jarmon
General Counsel and Chief Clerk
Texas Department of Insurance
Filed: May 28, 2008
Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:
Chesapeake Life Insurance Company
The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal Division--Nick Hoelscher, 333 Guadalupe, Tower I, Room 920, Austin, Texas.
If you wish to comment on the application of Chesapeake Life Insurance Company to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, and a determination that all requirements of law have been met, the Commissioner or his designee may take final action on the applicant's election to be a risk-assuming health benefit plan issuer.
TRD-200802700
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 22, 2008
Notice is given to the public of the application of the listed small employer health benefit plan issuer to be a risk-assuming health benefit plan issuer under Insurance Code §1501.312. A small employer health benefit plan issuer is defined by Insurance Code §1501.002(16) as a health benefit plan issuer offering, delivering, issuing for delivery, or renewing health benefit plans subject to the Insurance Code, Chapter 1501, Subchapters C - H. A risk-assuming health benefit plan issuer is defined by Insurance Code §1501.301(4) as a small employer health benefit plan issuer that does not participate in the Texas Health Reinsurance System. The following small employer health benefit plan issuer has applied to be a risk-assuming health benefit plan issuer:
Connecticut General Life Insurance Company
The application is subject to public inspection at the offices of the Texas Department of Insurance, Legal Division--Nick Hoelscher, 333 Guadalupe, Tower I, Room 920, Austin, Texas.
If you wish to comment on the application of Connecticut General Life Insurance Company to be a risk-assuming health benefit plan issuer, you must submit your written comments within 60 days after publication of this notice in the Texas Register to Gene C. Jarmon, General Counsel and Chief Clerk, Mail Code 113-2A, Texas Department of Insurance, P.O. Box 149104, Austin, Texas 78714-91204. Upon consideration of the application and comments, and a determination that all requirements of law have been met, the Commissioner or his designee may take final action on the applicant's election to be a risk-assuming health benefit plan issuer.
TRD-200802699
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 22, 2008
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of JHSC ENTERPRISES, LLC. (using the assumed name PARKER & ASSOCIATES), a domestic third party administrator. The home office is CARROLLTON, TEXAS.
Application of PENSERV PLAN SERVICES, INC., a foreign third party administrator. The home offfice is WEST COLUMBIA, SOUTH CAROLINA.
Application of YORK CLAIMS SERVICE, INC., a foreign third party administrator. The home offfice is NEW YORK, NEW YORK.
Application of HUEY T. LITTLETON CLAIMS SERVICE, WESTERN DIVISION, INC., a domestic third party administrator. The home offfice is AUSTIN, TEXAS.
Application of AMTRUST NORTH AMERICA, INC., a foreign third party administrator. The home offfice is DOVER, DELAWARE.
Application to change the name and home office of CAREMARK, INC., NORTHBROOK, ILLINOIS to CAREMARK, L.L.C., a foreign third party administrator. The home office is SAN FRANCISCO, CALIFORNIA.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200802660
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 21, 2008
The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.
Application of PHARMACARE MANAGEMENT SERVICES, INC., a foreign third party administrator. The home office is DOVER, DELAWARE.
Application to change the name of AMERICAN INTERNATIONAL ASSISTANCE SERVICES, INC., to AIG TRAVEL ASSIST, INC., a foreign third party administrator. The home office is DOVER, DELAWARE.
Any objections must be filed within 20 days after this notice is published in the Texas Register, addressed to the attention of David Moskowitz, MC 305-2E, 333 Guadalupe, Austin, Texas 78701.
TRD-200802802
Gene C. Jarmon
Chief Clerk and General Counsel
Texas Department of Insurance
Filed: May 28, 2008
Instant Game Number 774 "$1,000,000 Vegas Luck"
The Texas Lottery Commission filed for publication Instant Game Number 774 "$1,000,000 Vegas Luck." The document was published in the November 17, 2006, issue of the Texas Register (31 TexReg 9534). The procedure for claiming a $1,000,000 prize was changed after the procedure was filed with the Texas Register to provide that it may be claimed at any Texas Lottery Claim Center. Sections 2.3.B-F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B-E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1,000,000 VEGAS LUCK" Instant Game prize of $2,000, $10,000 or $1,000,000 the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$1,000,000 VEGAS LUCK" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
TRD-200802792
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 28, 2008
The Texas Lottery Commission filed for publication Instant Game Number 817 "$1 Million Cash." The document was published in the June 22, 2007, issue of the Texas Register (32 TexReg 3894). The procedure for claiming a $1,000,000 prize was changed after the procedure was filed with the Texas Register to provide that it may be claimed at any Texas Lottery Claim Center. Sections 2.3.B-F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B-E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1 MILLION CASH" Instant Game prize of $1,000, $10,000 or $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$1 MILLION CASH" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
TRD-200802793
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 28, 2008
The Texas Lottery Commission filed for publication Instant Game Number 823 "$130 Million Spectacular." The document was published in the March 30, 2007, issue of the Texas Register (32 TexReg 1951). The procedure for claiming a $1,000,000 prize was changed after the procedure was filed with the Texas Register to provide that it may be claimed at any Texas Lottery Claim Center. Sections 2.3.B and 2.3.C, "Procedure for Claiming Prizes," were amended and now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$130 MILLION SPECTACULAR" Instant Game prize of $1,000, $2,000, $20,000, $50,000 or $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "$130 MILLION SPECTACULAR" top level prize of $5,000,000, 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.
TRD-200802794
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 28, 2008
The Texas Lottery Commission filed for publication Instant Game Number 825 "$1 Million Extravaganza." The document was published in the May 25, 2007, issue of the Texas Register (32 TexReg 2930). The procedure for claiming a $1,000,000 prize was changed after the procedure was filed with the Texas Register to provide that it may be claimed at any Texas Lottery Claim Center. Sections 2.3.B-F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B-E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1 MILLION EXTRAVAGANZA" Instant Game prize of $1,000, $10,000 or $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$1 MILLION EXTRAVAGANZA" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
TRD-200802795
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 28, 2008
The Texas Lottery Commission filed for publication Instant Game Number 833 "$130 Million Payout Bonanza." The document was published in the May 11, 2007, issue of the Texas Register (32 TexReg 2718). The procedure for claiming a $1,000,000 prize was changed after the procedure was filed with the Texas Register to provide that it may be claimed at any Texas Lottery Claim Center. Sections 2.3.B and 2.3.C, "Procedure for Claiming Prizes," were amended and now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$130 MILLION PAYOUT BONANZA" Instant Game prize of $1,000, $2,000, $20,000, $50,000 or $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. To claim a "$130 MILLION PAYOUT BONANZA" top level prize of $5,000,000, 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.
TRD-200802796
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 28, 2008
The Texas Lottery Commission filed for publication Instant Game Number 1016 "$1 Million Holiday Winnings." The document was published in the September 28, 2007, issue of the Texas Register (32 TexReg 6889). The procedure for claiming a $1,000,000 prize was changed after the procedure was filed with the Texas Register to provide that it may be claimed at any Texas Lottery Claim Center. Sections 2.3.B - F, "Procedure for Claiming Prizes," were amended as Sections 2.3.B - E which now read as follows:
2.3 Procedure for Claiming Prizes.
B. To claim a "$1 MILLION HOLIDAY WINNINGS" Instant Game prize of $2,000, $10,000 or $1,000,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$1 MILLION HOLIDAY WINNINGS" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General; or
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
TRD-200802797
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 28, 2008
1.0 Name and Style of Game.
A. The name of Instant Game No. 1076 is "$50,000 SOLID GOLD". The play style is "key number match with win all".
1.1 Price of Instant Ticket.
A. Tickets for Instant Game No. 1076 shall be $5.00 per ticket.
1.2 Definitions in Instant Game No. 1076.
A. Display Printing - That area of the instant game ticket outside of the area where the Overprint and Play Symbols appear.
B. Latex Overprint - The removable scratch-off covering over the Play Symbols on the front of the ticket.
C. Play Symbol - The printed data under the latex on the front of the instant ticket that is used to determine eligibility for a prize. Each Play Symbol is printed in Symbol font in black ink in positive except for dual-image games. The possible black play symbols are: 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, GOLD BAR SYMBOL, $5.00, $10.00, $15.00, $20.00, $50.00, $100, $200, $2,000 and $50,000.
D. Play Symbol Caption - The printed material appearing below each Play Symbol which explains the Play Symbol. One caption appears under each Play Symbol and is printed in caption font in black ink in positive. The Play Symbol Caption which corresponds with and verifies each Play Symbol is as follows:
FIGURE 1: GAME NO. 1076 - 1.2D
E. Serial Number - A unique 14 (fourteen) digit number appearing under the latex scratch-off covering on the front of the ticket. There will be a four (4)-digit "security number" which will be individually boxed and randomly placed within the number. The remaining ten (10) digits of the Serial Number are the Validation Number. The Serial Number is positioned beneath the bottom row of play data in the scratched-off play area. The Serial Number is for validation purposes and cannot be used to play the game. The format will be: 00000000000000.
F. Low-Tier Prize - A prize of $5.00, $10.00, $15.00 or $20.00.
G. Mid-Tier Prize - A prize of $50.00, $100 or $200.
H. High-Tier Prize - A prize of $2,000 or $50,000.
I. Bar Code - A 24 (twenty-four) character interleaved two (2) of five (5) bar code which will include a four (4) digit game ID, the seven (7) digit pack number, the three (3) digit ticket number and the ten (10) digit Validation Number. The bar code appears on the back of the ticket.
J. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1076), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 075 within each pack. The format will be: 1076-0000001-001.
K. Pack - A pack of "$50,000 SOLID GOLD" Instant Game tickets contains 075 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). The packs will alternate. One will show the front of ticket 001 and back of 075 while the other fold will show the back of ticket 001 and front of 075.
L. Non-Winning Ticket - A ticket which is not programmed to be a winning ticket or a ticket that does not meet all of the requirements of these Game Procedures, the State Lottery Act (Texas Government Code, Chapter 466), and applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401.
M. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "$50,000 SOLID GOLD" Instant Game No. 1076 ticket.
2.0 Determination of Prize Winners. The determination of prize winners is subject to the general ticket validation requirements set forth in Texas Lottery Rule, §401.302, Instant Game Rules, these Game Procedures, and the requirements set out on the back of each instant ticket. A prize winner in the "$50,000 SOLID GOLD" Instant Game is determined once the latex on the ticket is scratched off to expose 45 (forty-five) Play Symbols. If a 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 "gold bar" symbol, the player wins ALL TWENTY PRIZES INSTANTLY! No portion of the display printing nor any extraneous matter whatsoever shall be usable or playable as a part of the Instant Game.
2.1 Instant Ticket Validation Requirements.
A. To be a valid Instant Game ticket, all of the following requirements must be met:
1. Exactly 45 (forty-five) Play Symbols must appear under the latex overprint on the front portion of the ticket;
2. Each of the Play Symbols must have a Play Symbol Caption underneath, unless specified, and each Play Symbol must agree with its Play Symbol Caption;
3. Each of the Play Symbols must be present in its entirety and be fully legible;
4. Each of the Play Symbols must be printed in black ink except for dual image games;
5. The ticket shall be intact;
6. The Serial Number, Retailer Validation Code and Pack-Ticket Number must be present in their entirety and be fully legible;
7. The Serial Number must correspond, using the Texas Lottery's codes, to the Play Symbols on the ticket;
8. The ticket must not have a hole punched through it, be mutilated, altered, unreadable, reconstituted or tampered with in any manner;
9. The ticket must not be counterfeit in whole or in part;
10. The ticket must have been issued by the Texas Lottery in an authorized manner;
11. The ticket must not have been stolen, nor appear on any list of omitted tickets or non-activated tickets on file at the Texas Lottery;
12. The Play Symbols, Serial Number, Retailer Validation Code and Pack-Ticket Number must be right side up and not reversed in any manner;
13. The ticket must be complete and not miscut, and have exactly 45 (forty-five) Play Symbols under the latex overprint on the front portion of the ticket, exactly one Serial Number, exactly one Retailer Validation Code, and exactly one Pack-Ticket Number on the ticket;
14. The Serial Number of an apparent winning ticket shall correspond with the Texas Lottery's Serial Numbers for winning tickets, and a ticket with that Serial Number shall not have been paid previously;
15. The ticket must not be blank or partially blank, misregistered, defective or printed or produced in error;
16. Each of the 45 (forty-five) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures;
17. Each of the 45 (forty-five) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;
18. The display printing on the ticket must be regular in every respect and correspond precisely to the artwork on file at the Texas Lottery; and
19. The ticket must have been received by the Texas Lottery by applicable deadlines.
B. The ticket must pass all additional validation tests provided for in these Game Procedures, the Texas Lottery's Rules governing the award of prizes of the amount to be validated, and any confidential validation and security tests of the Texas Lottery.
C. Any Instant Game ticket not passing all of the validation requirements is void and ineligible for any prize and shall not be paid. However, the Executive Director may, solely at the Executive Director's discretion, refund the retail sales price of the ticket. In the event a defective ticket is purchased, the only responsibility or liability of the Texas Lottery shall be to replace the defective ticket with another unplayed ticket in that Instant Game (or a ticket of equivalent sales price from any other current Instant Lottery game) or refund the retail sales price of the ticket, solely at the Executive Director's discretion.
2.2 Programmed Game Parameters.
A. Consecutive non-winning tickets in a pack will not have identical play data, spot for spot.
B. The "GOLD BAR" (win all) play symbol will only appear on intended winning tickets and only as dictated by the prize structure.
C. No four or more matching non-winning prize symbols on a ticket.
D. No duplicate WINNING NUMBERS play symbols on a ticket.
E. No duplicate non-winning YOUR NUMBERS play symbols on a ticket.
F. Non-winning prize symbols will never be the same as the winning prize symbol(s).
G. When the "GOLD BAR" (win all) play symbol appears, there will be no occurrence of any of YOUR NUMBERS play symbols matching any WINNING NUMBER play symbol.
H. No prize amount in a non-winning spot will correspond with the YOUR NUMBERS play symbol (i.e. 5 and $5).
2.3 Procedure for Claiming Prizes.
A. To claim a "$50,000 SOLID GOLD" Instant Game prize of $5.00, $10.00, $15.00, $20.00, $25.00, $50.00, $100 or $200, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $25.00, $50.00, $100 or $200 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.
B. To claim a "$50,000 SOLID GOLD" Instant Game prize of $2,000 or $50,000, the claimant must sign the winning ticket and present it at one of the Texas Lottery's Claim Centers. If the claim is validated by the Texas Lottery, payment will be made to the bearer of the validated winning ticket for that prize upon presentation of proper identification. When paying a prize of $600 or more, the Texas Lottery shall file the appropriate income reporting form with the Internal Revenue Service (IRS) and shall withhold federal income tax at a rate set by the IRS if required. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
C. As an alternative method of claiming a "$50,000 SOLID GOLD" Instant Game prize, the claimant must sign the winning ticket, thoroughly complete a claim form, and mail both to: Texas Lottery Commission, Post Office Box 16600, Austin, Texas 78761-6600. The risk of sending a ticket remains with the claimant. In the event that the claim is not validated by the Texas Lottery, the claim shall be denied and the claimant shall be notified promptly.
D. Prior to payment by the Texas Lottery of any prize, the Texas Lottery shall deduct a sufficient amount from the winnings of a person who has been finally determined to be:
1. delinquent in the payment of a tax or other money collected by the Comptroller, the Texas Workforce Commission, or Texas Alcoholic Beverage Commission;
2. delinquent in making child support payments administered or collected by the Attorney General;
3. delinquent in reimbursing the Texas Health and Human Services Commission for a benefit granted in error under the food stamp program or the program of financial assistance under Chapter 31, Human Resources Code;
4. in default on a loan made under Chapter 52, Education Code; or
5. in default on a loan guaranteed under Chapter 57, Education Code.
E. If a person is indebted or owes delinquent taxes to the State, other than those specified in the preceding paragraph, the winnings of a person shall be withheld until the debt or taxes are paid.
2.4 Allowance for Delay of Payment. The Texas Lottery may delay payment of the prize pending a final determination by the Executive Director, under any of the following circumstances:
A. if a dispute occurs, or it appears likely that a dispute may occur, regarding the prize;
B. if there is any question regarding the identity of the claimant;
C. if there is any question regarding the validity of the ticket presented for payment; or
D. if the claim is subject to any deduction from the payment otherwise due, as described in Section 2.3.D of these Game Procedures. No liability for interest for any delay shall accrue to the benefit of the claimant pending payment of the claim.
2.5 Payment of Prizes to Persons Under 18. If a person under the age of 18 years is entitled to a cash prize of less than $600 from the "$50,000 SOLID GOLD" Instant Game, the Texas Lottery shall deliver to an adult member of the minor's family or the minor's guardian a check or warrant in the amount of the prize payable to the order of the minor.
2.6 If a person under the age of 18 years is entitled to a cash prize of more than $600 from the "$50,000 SOLID GOLD" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.
2.7 Instant Ticket Claim Period. All Instant Game prizes must be claimed within 180 days following the end of the Instant Game or within the applicable time period for certain eligible military personnel as set forth in Texas Government Code §466.408. Any prize not claimed within that period, and in the manner specified in these Game Procedures and on the back of each ticket, shall be forfeited.
2.8 Disclaimer. The number of prizes in a game is approximate based on the number of tickets ordered. The number of actual prizes available in a game may vary based on number of tickets manufactured, testing, distribution, sales and number of prizes claimed. An Instant Game ticket may continue to be sold even when all the top prizes have been claimed.
3.0 Instant Ticket Ownership.
A. Until such time as a signature is placed upon the back portion of an Instant Game ticket in the space designated, a ticket shall be owned by the physical possessor of said ticket. When a signature is placed on the back of the ticket in the space designated, the player whose signature appears in that area shall be the owner of the ticket and shall be entitled to any prize attributable thereto. Notwithstanding any name or names submitted on a claim form, the Executive Director shall make payment to the player whose signature appears on the back of the ticket in the space designated. If more than one name appears on the back of the ticket, the Executive Director will require that one of those players whose name appears thereon be designated by such players to receive payment.
B. The Texas Lottery shall not be responsible for lost or stolen Instant Game tickets and shall not be required to pay on a lost or stolen Instant Game ticket.
4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1076. The approximate number and value of prizes in the game are as follows:
A. The actual number of tickets in the game may be increased or decreased at the sole discretion of the Texas Lottery Commission.
5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1076 without advance notice, at which point no further tickets in that game may be sold.
6.0 Governing Law. In purchasing an Instant Game ticket, the player agrees to comply with, and abide by, these Game Procedures for Instant Game No. 1076, the State Lottery Act (Texas Government Code, Chapter 466), applicable rules adopted by the Texas Lottery pursuant to the State Lottery Act and referenced in 16 TAC Chapter 401, and all final decisions of the Executive Director.
TRD-200802714
Kimberly L. Kiplin
General Counsel
Texas Lottery Commission
Filed: May 23, 2008
Notice of Application for Amendment to Service Provider Certificate of Operating Authority
On May 20, 2008, SC TxLink, LLC filed an application with the Public Utility Commission of Texas (commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60732. Applicant intends to reflect a change in ownership/control.
The Application: Application of SC TxLink, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 35699.
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 June 11, 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 35699.
TRD-200802759
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 23, 2008
On May 22, 2008, IBFA Acquisition Company, LLC filed an application with the Public Utility Commission of Texas (Commission) to amend its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60661. Applicant intends to reflect a change in ownership/control to Telava Acquisitions, Inc.
The Application: Application of IBFA Acquisition Company, LLC for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 35705.
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 June 11, 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 35705.
TRD-200802780
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2008
Notice is given to the public of an application filed with the Public Utility Commission of Texas on May 22, 2008, for designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.
Docket Title and Number: Application of dpi Teleconnect, LLC for Designation as an Eligible Telecommunications Carrier, Docket Number 35706.
The Application: The company is requesting ETC designation in the exchanges of Southwestern Bell Telephone Company d/b/a AT&T Texas, Verizon Southwest, Embarq, and Windstream.
Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by June 26, 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 (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 35706.
TRD-200802781
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 27, 2008
Notice is given to the public of a petition filed with the Public Utility Commission of Texas (commission) on May 13, 2008, for the selection of entities responsible for transmission improvements necessary to deliver renewable energy from competitive renewable energy zones.
Docket Style and Number: Commission Staff's Petition for the Selection of Entities Responsible for Transmission Improvements Necessary to Deliver Renewable Energy from Competitive Renewable Energy Zones, Docket Number 35665.
The Application: The Commission Staff filed this petition for selection of entities responsible for transmission improvements necessary to deliver renewable energy from competitive renewable energy zones.
Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Office of Customer Protection at (512) 936-7120 or (888) 782-8477 no later than June 27, 2008. 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 35665.
TRD-200802758
Adriana A. Gonzales
Rules Coordinator
Public Utility Commission of Texas
Filed: May 23, 2008
Pursuant to Transportation Code, §21.111, and Title 43, Texas Administrative Code, §30.209, the Texas Department of Transportation conducts public hearings to receive comments from interested parties concerning proposed approval of various aviation projects.
For information regarding actions and times for aviation public hearings, please go to the following web site:
www.txdot.gov/about_us/public_hearings_and_meetings/aviation.htm
Or visit www.txdot.gov, click on Citizen, click on Public Hearings, and then click on Aviation.
Or contact Texas Department of Transportation, Aviation Division, 150 East Riverside, Austin, Texas 78704, (512) 416-4501 or 1-800-68-PILOT.
TRD-200802771
Joanne Wright
Deputy General Counsel
Texas Department of Transportation
Filed: May 27, 2008
Notice of Invitation for Consultants to Provide Offers of Consulting Services
Pursuant to the provisions of Texas Government Code, Chapter 2254, the University of North Texas (UNT) System extends this invitation (Invitation) to qualified and experienced consultants interested in providing the consulting services described in this Invitation to the University of North Texas System and its member institutions.
Scope of Work:
The selected consulting firm will be responsible for assisting the UNT System and member institutions in evaluating and assessing the potential for a School of Pharmacy at the University of North Texas at Dallas; and developing a plan setting forth necessary steps for creating a School of Pharmacy. Please go to University of North Texas' website http://pps.unt.edu to view the Request for Proposal.
Specifications:
Any consultant submitting an offer in response to this Invitation must provide the following: (1) the consultant's legal name, including type of entity (individual, partnership, corporation, etc.) and address; (2) background information regarding the consultant, including the number of years in business and the number of employees; (3) information regarding the qualifications, education, and experience of the team members proposed to conduct the requested services; (4) the hourly rate to be charged for each team member providing services; (5) the earliest date by which the consultant could begin providing the services; (6) a list of five client references, including any complex institutions or systems of higher education for which the consultant has provided similar consulting services; (7) a statement of the consultant's approach to providing the services described in the Scope of Work section of this Invitation, any unique benefits the consultant offers the UNT System, and any other information the consultant desires the UNT System to consider in connection with the consultant's offer; (8) information to assist the UNT System in assessing the consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation; (9) information to assist the UNT System in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education; (10) information to assist the UNT System in assessing whether the consultant will have any conflicts of interest in performing the requested services; (11) information to assist the UNT System in assessing the overall cost to the UNT System for the requested services to be performed; and (12) information to assist the UNT System in assessing the consultant's capability and financial resources to perform the requested services.
Selection Process:
The consulting services sought herein do not relate to services previously provided to the UNT System.
Selection of the Successful Offer (defined below) submitted in response to this Invitation by the Submittal Deadline (defined below) will be made using the competitive process described below. After the opening of the offers and upon completion of the initial review and evaluation of the offers submitted, selected consultants may be invited to participate in oral presentations. The selection of the Successful Offer may be made by the UNT System on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, selection of the Successful Offer may be made by the UNT System on the basis of negotiation with any of the consultants. At the UNT System's sole option and discretion, it may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, a competitive range of acceptable or potentially acceptable offers may be established comprising the highest rated offers. The UNT System will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. The UNT System will not disclose any information derived from the offers submitted by competing consultants in conducting such discussions. Further action on offers not included within the competitive range will be deferred pending the selection of the Successful Offer, however the UNT System reserves the right to include additional offers in the competitive range if deemed to be in its best interest. After the submission of offers but before final selection of the Successful Offer is made, the UNT System may permit a consultant to revise its offer in order to obtain the consultant's best final offer. The UNT System is not bound to accept the lowest priced offer if that offer is not in its best interest, as determined by the UNT System. The UNT System reserves the right to: (a) enter into agreements or other contractual arrangements for all or any portion of the Scope of Work set forth in this Invitation with one or more consultants; (b) reject any and all offers and re-solicit offers; or (c) reject any and all offers and temporarily or permanently abandon this procurement, if deemed to be in the best interest of the UNT System.
Criteria for Selection:
The successful offer (Successful Offer) must be submitted in response to this Invitation by the Submittal Deadline will be the offer that is the most advantageous to the UNT System in the UNT System's sole discretion. Offers will be evaluated by University of North Texas System and member institution personnel. The evaluation of offers and the selection of the Successful Offer will be based on the information provided to the UNT System by the consultant in response to the Specifications section of this Invitation. Consideration may also be given to any additional information and comments if such information or comments increase the benefits to the UNT System. The successful consultant will be required to enter into a contract acceptable to the UNT System.
Consultant's Acceptance of Offer:
Submission of an offer by a consultant indicates: (1) the consultant's acceptance of the Offer Selection Process, the Criteria for Selection, and all other requirements and specifications set forth in this Invitation; and (2) the consultant's recognition that some subjective judgments must be made by the UNT System during this Invitation process.
Finding by Chancellor:
The Chancellor of the University of North Texas System finds that the consulting services are necessary because the University of North Texas System does not have the specialized experience or the staff resources to achieve these objectives. The University of North Texas System believes that such expert consulting services will be cost effective, as they will ensure that the evaluation and assessment of the potential for a School of Pharmacy and the delineation of the steps leading to its creation are thoughtfully set forth in an efficient and effective manner from inception.
Submittal Deadline:
To respond to this Invitation, consultants should respond to the Request for Proposal located at http://pps.unt.edu. The response to the proposal should be in clear and concise written format and sent to: Chris McCaskill, Purchaser IV, University of North Texas System, 2310 North Interstate 35-E, P.O. Box 310499, Denton, Texas 76203-0499. Offers must be submitted in an envelope or other appropriate container and the name and return address of the consultant must be clearly visible. All offers must be received at the above address no later than 10:00 a.m., CST, Monday, July 7, 2008 (Submittal Deadline). Submissions received after the Submittal Deadline will not be considered.
Questions:
Questions concerning this Invitation should be directed to: Chris McCaskill, Purchaser IV, University of North Texas System, 2310 North Interstate 35-E, P.O. Box 310499, Denton, Texas 76203-0499. The UNT System may in its sole discretion respond in writing to questions concerning this Invitation. Only the UNT System's responses made by formal written addenda to this Invitation shall be binding. Oral or other written interpretations or clarifications shall be without legal effect.
TRD-200802788
Joey Saxon
Director of Purchasing and Payment Services
University of North Texas System
Filed: May 28, 2008
Invitation for Consultants to Provide Offers of Consulting Services
In accordance with Texas Government Code, Chapter 2254, The University of Texas System (the "University") is seeking responses from consultants through an Invitation for Offer. The University is looking for a consultant to provide unbiased economic evaluation services to determine the relative risks and rewards of active participation in exploration, development, and operations of oil and gas interests on Permanent University Fund Lands (the "Consulting Services").
The Chancellor ad Interim has made a finding that the Consulting Services are necessary. While the University has a substantial need for the Consulting Services, the University does not currently have staff with expertise or experience with the Consulting Services and the University cannot obtain such Consulting Services through a contract with another state governmental entity.
The award for services will be made by the process indicated in an Invitation for Offer. The University will: (1) base its choice on demonstrated competence, knowledge, and qualifications and on the reasonableness of the proposed fee for the services; and (2) if other considerations are equal, give preference to a consultant whose principal place of business is in the state or who will manage the consulting contract wholly from an office in the state.
The individual to be contacted with an offer to provide such consulting services or to obtain a copy of the Invitation for Offer for the consulting services identified in this invitation is: Tim Hunt, University Lands, by mail: P.O. Box 553, Midland, Texas 79702; telephone: (432) 684-4404; or e-mail: thunt@utsystem.edu.
The proposal submission deadline will be June 27, 2008.
TRD-200802675
Francie A. Frederick
General Counsel to the Board of Regents
The University of Texas System
Filed: May 22, 2008
An attorney with the Texas Water Development Board will conduct a public hearing on the draft Fiscal Year 2009 Clean Water State Revolving Fund (CWSRF) Intended Use Plan. The hearing will begin at 1:30 p.m. on Friday, July 11, 2008, in Room 1-100 of the William B. Travis Building at 1701 N. Congress Ave., Austin, Texas 78701. Public access to the hearing room in William B. Travis Building is located at the southwest corner of the building.
The Intended Use Plan (IUP) contains a list of wastewater projects in prioritized order which will be considered for funding in Fiscal Year 2009 through the CWSRF loan program. The draft Fiscal Year 2009 CWSRF IUP has been prepared pursuant to rules adopted by the Texas Water Development Board in 31 Texas Administrative Code Chapter 375.
Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the draft IUP. In addition, persons may submit written comments no later than Monday, August 11, 2008 to Suzanne Lucignani, Project Finance and Construction Assistance, Texas Water Development Board, P.O. Box 13231, Austin, Texas 78711. Copies of the draft Fiscal Year 2009 CWSRF IUP will be available in Room 580 on the 5th floor of the Stephen F. Austin Building or may be obtained from the Texas Water Development Board, Project Finance and Construction Assistance, P.O. Box 13231, Austin, Texas 78711.
The hearing is conducted pursuant to 31 Texas Administrative Code §375.11 and 40 Code of Federal Regulations Part 25.
TRD-200802782
Ken Petersen
General Counsel
Texas Water Development Board
Filed: May 27, 2008
An attorney with the Texas Water Development Board will conduct a public hearing on the draft Fiscal Year 2009 Drinking Water State Revolving Fund (DWSRF) Intended Use Plan. The hearing will begin at 1:30 p.m. on Friday, July 11, 2008, in Room 1-100 of the William B. Travis Building at 1701 N. Congress Ave., Austin, Texas 78701. Public access to the hearing room in the William B. Travis Building is located at the southwest corner of the building.
The Intended Use Plan (IUP) contains a list of water projects in prioritized order which will be considered for funding in Fiscal Year 2009 through the DWSRF loan program. The draft Fiscal Year 2009 DWSRF IUP has been prepared pursuant to rules adopted by the Texas Water Development Board in 31 Texas Administrative Code Chapter 371.
Interested persons are encouraged to attend the hearing and to present relevant and material comments concerning the draft IUP. In addition, persons may submit written comments no later than Monday, August 11, 2008 to Earline Baker, Texas Water Development Board, Project Finance and Construction Assistance, P.O. Box 13231, Austin, Texas 78711. Copies of the draft Fiscal Year 2009 DWSRF IUP will be available in Room 580 on the 5th floor of the Stephen F. Austin Building or may be obtained from the Texas Water Development Board, Project Finance and Construction Assistance, P.O. Box 13231, Austin, Texas 78711.
The hearing is conducted pursuant to 31 Texas Administrative Code §371.11 and 40 Code of Federal Regulations Part 25.
TRD-200802783
Ken Petersen
General Counsel
Texas Water Development Board
Filed: May 27, 2008