In Addition

In Addition

Department of Aging and Disability Services

Notice of Public Hearing

The Department of Aging and Disability Services (DADS) is preparing the agency's External/Internal Assessment for inclusion in the Texas Health and Human Services (HHS) System Strategic Plan for Fiscal Year (FY) 2009-2013. The Department will hold a public hearing on Tuesday, March 18, 2008, at 4:00 p.m. to receive comments regarding the trends and challenges to consider when preparing this strategic planning document. The location of the public hearing will be in the Winters Building Public Hearing Room at 701 W. 51st Street, Austin, Travis County, Texas 78751. The previous DADS External/Internal Assessment, Chapter VI, in the HHS System Strategic Plan for FY 2007-2011 is available through the below website link or by request in hard copy:

Download address at: http://www.hhs.state.tx.us/StrategicPlans/HHS07-1/HHS_StPlan.shtml

Request hard copy from: LaCrecia Stevens, DADS, P.O. Box 149030, M.C. W235, Austin, Texas 78714; (512) 438-5634; or lacrecia.stevens@dads.state.tx.us

At least 72 hours prior to the DADS public hearing, please contact LaCrecia Stevens at (512) 438-5634, TDD (512) 424-3250, or lacrecia.stevens@dads.state.tx.us to request an interpreter for individuals who are deaf or hearing impaired.

Individuals who are unable to attend the public hearing may submit their comments in writing to DADS by 5:00 p.m. on March 19, 2008, to Wendy Francik at wendy.francik@dads.state.tx.us or through this DADS website link: http://www.dads.state.tx.us/strategicplanning. In addition, please check the following HHS System website for information about public hearings that the Health and Human Services Commission will hold across the state from April - May 2008: http://www.hhs.state.tx.us/index.shtml.

TRD-200801148

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Filed: February 26, 2008

Public Notice Announcing the Pre-Application Orientation (PAO) for Enrollment of Medicaid Waiver Program Providers

The Department of Aging and Disability Services (DADS) will hold a Pre-Application Orientation (PAO) for persons seeking to participate as a contractor in the Home and Community-based Services (HCS) and/or the Texas Home Living (TxHmL) Medicaid Waiver Programs.

There will be a non-refundable processing fee of $25.00 per registering legal entity. Legal entities that do not attend the PAO will not receive a refund of the processing fee. This fee will cover two representatives per legal entity. No more than two representatives may attend and represent a legal entity. The processing fee must be submitted with the registration form either by money order or cashiers check payable to: Texas Department of Aging and Disability Services. DADS will not accept cash, personal checks, or company checks.

In addition, DADS will no longer be accepting faxes or any other forms of written requests for the registration form. The registration form must be completed online. Persons wanting to attend the PAO must access the registration form from the DADS website at: http://www.dads.state.tx.us/forms/8629/. The registration form will only be available on the DADS website Friday, March 7, 2008, through Friday, May 9, 2008. The registration form must be completed, printed, signed by the authorized representative and returned to DADS.

Registration forms received by DADS without the processing fee or original signatures will not be processed and attendance at the PAO will not be allowed. There will be no exceptions.

The PAO will be held at 8:45 a.m., Monday, June 9, 2008, in Austin, Texas at the J. J. Pickle Center. Registration will close promptly at 8:40 a.m. Arrivals after 8:40 a.m. will not be admitted, and will not receive a PAO Certificate of Attendance. (No Exceptions)

To attend the PAO, an applicant must submit a completed registration form to DADS in a timely manner. A completed registration form is submitted timely only under the following conditions:

(1) if mailed via the US Postal Service, the completed registration form bears a postmark date no later than Friday, May 9, 2008 ; (2) if sent via a common or contract carrier, a receipt by the carrier shows that it was placed in the hands of the carrier no later than Friday, May 9, 2008; or (3) if hand delivered, it is delivered directly to the DADS, Community Services Contracts Unit, 701 W. 51st Street (MC W-517), Austin, Texas 78751 no later than Friday, May 9, 2008.

Persons requiring an interpreter for the deaf or hearing impaired, or any other reasonable accommodation, must contact Art G. Gonzales at least 72 hours prior to the PAO, at (512) 438-5737.

For any additional information concerning the PAO registration, you may contact Rodrick Pollock, Contract Specialist, at (512) 438-5428. Further information regarding the PAO application process may be obtained on the DADS website at:

http://www.dads.state.tx.us/business/mental_retardation/hcs/index.html

Criminal History Record Information

In accordance with 42 Code of Federal Regulations (CFR) §455.106, all applicants must disclose to DADS criminal history record information about all persons with an ownership or control interest in the applicant, or an agent or managing employee of the applicant. Submission of the criminal history record information will be required with the DADS Application for Participation.

National Provider Identifier

The Health Insurance Portability and Accountability Act (HIPAA) of 1996 requires health care entities to begin using National Provider Identifiers (NPI) on standard health care transactions. DADS requires all health care entities applying to contract with DADS to obtain and report their NPI number. You will be required to submit a NPI assignment letter or email from the National Plan and Provider Enumeration System (NPPES), along with your Application for Participation packet, which will be provided at the PAO.

TRD-200801139

Kenneth L. Owens

General Counsel

Department of Aging and Disability Services

Filed: February 26, 2008

Office of the Attorney General

Notice of Settlement of Texas Water Code Enforcement Action

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

Case Title and Court: Settlement Agreement in State of Texas v. Chris Seeman, Individually and d.b.a. Vac Truck Service ; Cause No. D-1-GV-06-002460 in the 53rd Judicial District, Travis County District Court.

Background: This suit alleges violations of the rules promulgated by the Texas Commission on Environmental Quality under the Texas Water Code for violations related to the transportation of sewage and septic waste. The Defendant is Chris Seeman. The suit seeks civil penalties, injunctive relief, attorney's fees, and court costs.

Nature of Settlement: The settlement awards $500.00 in civil penalties, $3,000.00 in past due administrative penalties, and $1,500.00 in attorney's fees to the State. The Judgment also requires the Defendant to comply with all rules related to the transportation of sewage and septic waste.

For a complete description of the proposed settlement, the complete proposed Agreed Final Judgment should be reviewed. Requests for copies of the judgments, and written comments on the proposed settlement should be directed to Vanessa Puig-Williams, Assistant Attorney General, Office of the Texas Attorney General, P.O. Box 12548, Austin, Texas 78711-2548, (512) 463-2012, facsimile (512) 320-0052. Written comments must be received within 30 days of publication of this notice to be considered.

For more information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200801157

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 27, 2008

Request for Applications (RFA) for the Sexual Assault Prevention and Crisis Services Program

The Crime Victim Services Division (CVSD) of the Office of the Attorney General (OAG) is soliciting applications from qualified statewide non-profit organizations to utilize funds to provide: (1) services to prevent sexual violence; (2) outreach programs; and (3) technical assistance to support youth and rape crisis centers working to prevent sexual violence.

Applicable Funding Source: The source of state funds is a biennial appropriation by the Texas Legislature. All funding is contingent upon the appropriation of funds by the Texas Legislature. The OAG makes no commitment that an application, once submitted, or a grant, once funded, will receive subsequent funding.

Eligibility Requirements: To be eligible, an applicant must (1) be a statewide non-profit organization exempt from federal income taxation under §501(c)(3), Internal Revenue Code of 1986; and (2) have a primary purpose of ending sexual violence in this state. A statewide program is an entity that actively offers or provides services in six or more Council of Government "COG" regions.

The OAG will initially screen each application for eligibility. Applications will be deemed ineligible if the application is submitted by an ineligible applicant; the application is not filed in the manner and form required by the RFA or the Application Kit; the application is filed after the deadline established in the RFA or the Application Kit; or the application does not meet other requirements as stated in the RFA or the Application Kit.

How to Obtain Application Kit: The OAG will post the Application Kit on the OAG's official agency Web site at http://www.oag.state.tx.us/victims/grants2008.shtml. Updates and other helpful reminders about the application process will also be posted at this location. Potential applicants are encouraged to refer to this site regularly.

Deadlines and Filing Instructions for the Grant Application: Refer to the Application Kit for the complete application requirements and instructions.

Deadline: The applicant must submit its application to the OAG and the OAG must receive the submitted application and all required attachments by 5:00 p.m. CST Friday, March 14, 2008 to be considered timely filed.

Filing Instructions: To be considered filed, the Applicant must submit the application by email to CVSGrantsApplications@oag.state.tx.us.

The OAG will not consider an Application if it is not filed by the due date, 5:00 pm CST March 14, 2008.

Minimum and Maximum Amounts of Funding Available: For the initial grant contract period (term) the minimum amount of funding statewide programs may apply for is $20,000 and the maximum amount is $100,000.

The amount of the award is determined solely by the OAG. The OAG may award a grant at an amount above or below the established funding level and is not obligated to fund a grant at the amount requested. Based on available funding, the grant contract may be amended for an additional term with an additional amount of funding at the sole discretion of the OAG.

Start Date and Length of Grant Contract Period: The initial grant contract period (term) is up to five months from April 1, 2008 through August 31, 2008, subject to and contingent on funding and/or approval by the OAG. The grant contract period (term) may be extended for up to twelve months from September 1, 2008 to August 31, 2009 at the sole discretion of the OAG.

No Match Requirements: There are no match requirements for this funding opportunity.

Volunteer Requirements: A volunteer component is required. Specific requirements for the volunteer component will be stated in the Application Kit.

Award Criteria: The OAG will make funding decisions that support the efficient and effective use of public funds. Scoring components may include, but are not limited to, information provided by the applicant on the organization's capacity, infrastructure, current knowledge, efforts, expertise and experience, and on the proposed project activities and budget.

Prohibitions on Use of Grant Funds: OAG grant funds may not be used to support or pay the costs of overtime, dues, or lobbying; any portion of the salary or any other compensation for an elected government official; the purchase of food and beverages except as allowed under Texas State Travel Guidelines; the purchase or lease of vehicles; the purchase of promotional items or recreational activities; out of state travel or costs of travel that are unrelated to the direct delivery of services that support the OAG funded program; the costs for consultants or vendors who participate directly in writing a grant application; or for any unallowable costs set forth in applicable state or federal law, rules, regulations, guidelines, policies, procedures or cost principles. Grant funds may not be used to purchase any other products or services the OAG identifies as inappropriate or unallowable within this RFA or the Application Kit.

OAG Contact Person: If additional information is needed, contact Melissa Foley at CVSGrantsApplications@oag.state.tx.us or (512) 463-0826.

For more information regarding this publication, contact Lauri Saathoff, Agency Liaison, at (512) 463-2096.

TRD-200801117

Stacey Napier

Deputy Attorney General

Office of the Attorney General

Filed: February 25, 2008

Coastal Coordination Council

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

On January 10, 1997, the State of Texas received federal approval of the Coastal Management Program (CMP) (62 Federal Register pp. 1439 - 1440). Under federal law, federal agency activities and actions affecting the Texas coastal zone must be consistent with the CMP goals and policies identified in 31 TAC Chapter 501. Requests for federal consistency review were deemed administratively complete for the following projects during the period of February 15, 2008, through February 21, 2008. As required by federal law, the public is given an opportunity to comment on the consistency of proposed activities in the coastal zone undertaken or authorized by federal agencies. Pursuant to 31 TAC §§506.25, 506.32, and 506.41, the public comment period for this activity extends 30 days from the date published on the Coastal Coordination Council web site. The notice was published on the web site on February 27, 2008. The public comment period for these projects will close at 5:00 p.m. on March 28, 2008.

FEDERAL AGENCY ACTIONS:

Applicant: Ms. Bonnie Fluitt; Location: The project is located at the Santiago Gonzales Survey A-19, Block 211, Lots 5, 6, and 7, adjacent to and southeast of the intersection of Commerce Street and Second Street (State Highway 185), in the City of Port O'Connor, near Matagorda Bay, in Calhoun County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled "Port O'Connor, Tex.". Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 754150; Northing: 3149150. The proposed compensatory mitigation site is located along the western shoreline of Lavaca Bay, adjacent to Calhoun County Park and NW of Bauer Road, approximately 5 miles NNW of the City of Port Lavaca, in Calhoun County, Texas. The compensatory mitigation site can be located on the U.S.G.S. quadrangle map entitled "Kamey, Tex.". Approximate UTM Coordinates in NAD 27 (meters): Zone 14; Easting: 729300; Northing: 3175100. Project Description: The applicant proposes to fill 0.29 acre of wetlands on a 0.71-acre project site to construct a 3-lot single-family residential development. The wetland is high marsh dominated by alkali bulrush (Scirpus robustus), seashore saltgrass (Distichilis spicata), and saltmeadow cordgrass (Spartina patens), and the applicant reports that the wetland site was created when it was used as a borrow site by others. At a separate site 5 miles NNW of the City of Port Lavaca, as compensatory mitigation, the applicant proposes to excavate 0.43 acres of uplands and 0.31 acre of high marsh wetlands to construct 0.10 acre of tidally connected circulation channels and tidal ponds from the uplands, 0.24 acre of transplanted low marsh (Spartina alterniflora) wetlands from the uplands, and 0.06 acre of planted intermediate to high marsh (Distichlis spicata, Borrichia frutescens, and Spartina patens) from the uplands. CCC Project No.: 08-0077-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1488 (Corrected) is being evaluated under §404 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Mad, Ltd.; Location: The project is located south of towns of Sabine and Sabine Pass and east of the Texas Point National Wildlife Refuge along 1st Avenue and adjacent to the Sabine Pass Water Way and the Sabine-Neches Ship Channel. The address for the Mad, Ltd., Sabine Pass Offshore Rig Repair Facility is 8050 South First Street (Jetty Road) in Sabine Pass, Jefferson County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Texas Point, Texas. Approximate UTM Coordinates in NAD 27 (meters): Zone 15; Easting: 417434; Northing: 3286306. Project Description: The applicant proposes to develop an approximately 7.4-acre site for a lay down work area and repair yard for offshore oil rigs with direct deep water access to the Gulf of Mexico via Sabine Pass Channel. The proposed project requires a minimum of three acres for the flat lay down work area and approximately three acres for the rig repair yard with approximately 350 linear feet of bulkheaded deep water frontage. To meet these area and bulkhead frontage requirements, the applicant proposes to realign existing bulkheads, fill portions of an existing boat slip and open waters of the U.S. along the Sabine Pass Channel, and convert an existing work yard on the property. To create an adequately sized flat hard surface lay down work area, the applicant proposes to place clean sand fill into a 0.14-acre adjacent wetland on the property, place clean sand fill into 0.78 acre of open water within an existing boat slip, and install approximately 474 linear feet of new bulkhead. To create adequate open water access, an existing peninsula of man-made land (0.17 acre) and its adjoining bulkhead (approximately 720 linear feet) would be removed. Therefore, this proposed project would result in the placement of fill into 0.78 acre of water and 0.14 acre of wetland and shoreline area and excavation impacts to 0.17 acre of a man-made peninsula. To compensate for jurisdictional impacts the applicant proposes to create one acre of intertidal salt marsh adjacent to the property along an existing shoreline. CCC Project No.: 08-0081-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1029 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Marquette Land Investments; Location: The project is located adjacent to West Galveston Bay between Eckert's Bayou and the access channel to Spanish Grant subdivision in the City of Galveston, Galveston County, Texas. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 312554.78; Northing: 3234637.75. Project Description: The applicant proposes to construct a full service marina and mixed-use development on an approximately 312-acre site on West Galveston Bay. The marina would include docks, launch ramps, dry stack storage, a boat repair facility and a ships store. In addition, single family housing, multi-family housing, restaurants, retail and a hotel would be constructed on the site. The applicant proposes to excavate approximately 500,000 cubic yards of sand to construct a marina basin, an access channel to Spanish Grant, and a circulation channel to Eckert's Bayou. The excavated material would be placed on upland areas to raise the building sites. The proposed marina basin would cover approximately 35 acres and would be excavated to a depth of minus 6 feet mean low tide (MLT). The access channel would be 120 feet wide and 1,200 feet long. The access channel would be excavated to minus 6 feet deep at MLT. The proposed water circulation channel that would be located west of the housing sites would be 120 feet wide by 800 feet long. The water circulation channel would be excavated to minus 2 feet deep. The applicant proposes to construct various types of bulkhead in the marina basin and either articulated block mats or concrete rubble revetment would be installed along the shoreline of the access and exchange channels. The proposed berths would be either fixed or floating, depending on their location in the marina. The applicant proposes to construct approximately 300 in-water slips that would be capable of accommodating boats ranging in size from 25 to 50 feet. The dock layout would vary depending on the mix of slip sizes. Central walkways would typically be 8 to 10 feet and finger piers would range between 2 to 4 feet. The dry stacked storage would have approximately 300 slips for boats up to 35 feet long and 30 in-water slips for boat launch and retrieval. Direct project impacts would include the excavation of 3.9 acres of estuarine wetlands for basin and channel construction and placement of fill into 1.8 acres of palustrine wetlands for building sites and infrastructure. To compensate for impacts to wetlands the applicant proposes to permanently protect a 177-acre (wetlands and uplands) conservation zone. The conservation zone would be deed restricted and turned over to a recognized conservation organization for permanent management. CCC Project No.: 08-0082-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1956 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

Applicant: Marquette Land Investments; Location: The project is located on West Galveston Island within the City of Galveston and Galveston County, Texas. It begins approximately 1 mile west of the seawall at 8-Mile Road and continues for 3 miles to 11-Mile Road. The project contains most of the property between FM 3005 and Stewart Road, with three parcels totaling 129.34 acres lying on the Gulf side of FM 3005. The project can be located on the U.S.G.S. quadrangle map entitled: Lake Como, Texas. Approximate UTM Coordinates in NAD 83 (meters): Zone 15; Easting: 314204.77; Northing: 3234206.78. Project Description: The applicant proposes to develop a mixed use residential and resort development on 585.85 acres that is comprised of 429.67 acres of coastal prairie uplands, 153.32 acres of palustrine wetlands, and 2.86 acres of estuarine wetlands. The development would include single-family lots, attached single-family units, mid-rise condominiums, commercial areas, common area/parks, internal right-of-ways, and high-rise hotels/condominiums. The direct project impacts would include the placement of fill material into 65 acres of palustrine wetlands to create building sites and infrastructure sites. The applicant proposes to compensate for these proposed impacts by creating a permanently protected 156-acre conservation zone comprised of uplands and wetlands. The conservation zone would be deed restricted and turned over to a recognized conservation organization for permanent management. In addition, the applicant proposes a combination of recovery of existing degraded palustrine wetlands plus additional wetland construction in the conservation zone. CCC Project No.: 08-0083-F1; Type of Application: U.S.A.C.E. permit application #SWG-2007-1958 is being evaluated under §10 of the Rivers and Harbors Act of 1899 (33 U.S.C.A. §403) and §404 of the Clean Water Act (33 U.S.C.A. §1344). Note: The consistency review for this project may be conducted by the Texas Commission on Environmental Quality under §401 of the Clean Water Act (33 U.S.C.A. §1344).

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

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

TRD-200801158

Larry L. Laine

Chief Clerk/Deputy Land Commissioner, General Land Office

Coastal Coordination Council

Filed: February 27, 2008

Office of Consumer Credit Commissioner

Notice of Rate Ceilings

The Consumer Credit Commissioner of Texas has ascertained the following rate ceilings by use of the formulas and methods described in §§303.003, 303.005, 303.008, 303.009, 304.003, and 346.101, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 03/03/08 - 03/09/08 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 03/03/08 - 03/09/08 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005 and §303.009³ for the period of 02/01/08 - 02/29/08 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 02/01/08 - 02/29/08 is 18% for Commercial over $250,000.

The standard quarterly rate as prescribed by §303.008 and §303.009 for the period of 04/01/08 - 06/30/08 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 04/01/08 - 06/30/08 is 18% for Commercial over $250,000.

The retail credit card quarterly rate as prescribed by §303.009¹ for the period of 04/01/08 - 06/30/08 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The lender credit card quarterly rate as prescribed by §346.101 Texas Finance Code ¹ for the period of 04/01/08 - 06/30/08 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 04/01/08 - 06/30/08 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 04/01/08 - 06/30/08 is 18% for Commercial over $250,000.

The retail credit card annual rate as prescribed by §303.009^{1^{for the period of 04/01/08 - 06/30/08 is
18% for Consumer/Agricultural/Commercial/credit through $250,000.}}

The judgment ceiling as prescribed by §304.003 for the period of 03/01/08 - 03/31/08 is 6.00% for Consumer/Agricultural/Commercial/credit through $250,000.

The judgment ceiling as prescribed §304.003 for the period of 03/01/08 - 03/30/08 is 6.00% for Commercial over $250,000.

¹Credit for personal, family or household use.

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

³For variable rate commercial transactions only.

⁴Only for open-end credit as defined in §301.002(14), Texas Finance Code.

TRD-200801126

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 25, 2008

Texas Education Agency

Notice of Correction: Request for Applications Concerning Mathematics Instructional Coaches Pilot Program, 2008-2010

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-08-105 Concerning Mathematics Instructional Coaches Pilot Program, 2008-2010, in the February 8, 2008, issue of the Texas Register (33 TexReg 1162).

The TEA is amending the deadline for receipt of applications. Applications must be received in the TEA Document Control Center by 5:00 p.m. (Central Time), Tuesday, April 15, 2008, to be eligible to be considered for funding. This correction reflects a change from the original deadline date of Tuesday, April 1, 2008.

Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, TEA, (512) 463-9445, or Dale Fowler, Division of State Initiatives, TEA, (512) 936-6060.

TRD-200801162

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 27, 2008

Notice of Correction: Request for Applications Concerning Student Excellence and Readiness through Volunteers in Education (SERVE), 2007-2008 and 2008-2009

The Texas Education Agency (TEA) published Request for Applications (RFA) #701-07-132 Concerning Student Excellence and Readiness through Volunteers in Education (SERVE), 2007-2008 and 2008-2009, in the February 22, 2008, issue of the Texas Register (33 TexReg 1621).

Further Information. For clarifying information about the RFA, contact Donnell Bilsky, Division of Discretionary Grants, TEA, (512) 463-9445, or Kristen Reynolds, Division of State Initiatives, TEA, (512) 936-6060.

TRD-200801161

Cristina De La Fuente-Valadez

Director, Policy Coordination Division

Texas Education Agency

Filed: Feburary 27, 2008

Request for Applications Concerning the Campus Turnaround Team Support Grant, 2008-2010

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under RFA #701-08-101 from public or private nonprofit entities, including colleges, universities, and education service centers (ESCs) to provide coordinated training to members of Technical Assistance Teams (TATs), improvement planning teams, and Campus Intervention Teams (CITs) from campuses rated Academically Unacceptable under the state accountability rating system to ensure well-functioning and effective teams that support the efforts of campuses to become high-performing and successful with all students. For-profit entities are not eligible to apply.

Description. The purpose of the Campus Turnaround Team Support grant is to provide training to personnel from each of the 20 ESCs who are designated as members of the regional turnaround training and support teams. These regional teams will train and support members of TATs, CITs, and campus improvement leadership teams in order to build capacity for school improvement on low-performing campuses. The grant recipient will use a training-of-trainers model to develop materials and provide extensive training and ongoing support to the regional turnaround training and support teams.

Dates of Project. The Campus Turnaround Team Support Grant, 2008-2010, will be implemented during the 2008-2009 and 2009-2010 school years. Applicants should plan for a starting date of no earlier than August 15, 2008, and an ending date of no later than February 28, 2010.

Project Amount. Funding will be provided for one project. The project will receive a maximum of $1.25 million for the 2008-2009 and 2009-2010 school years. Project funding in subsequent grant years will be based on satisfactory progress of the first-year objectives and activities and on general budget approval by the commissioner of education and the state legislature.

Selection Criteria. Applications will be selected based on the ability of each applicant to carry out all requirements contained in the RFA. Reviewers will evaluate applications based on the overall quality and validity of the proposed grant programs and the extent to which the applications address the primary objectives and intent of the project. Applications must address each requirement as specified in the RFA to be considered for funding. The TEA reserves the right to select from the highest-ranking applications those that address all requirements in the RFA.

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

Requesting the Application. A complete copy of RFA #701-08-101 may be obtained by writing the Document Control Center, Room 6-108, Texas Education Agency, William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701; by calling (512) 463-9304; by faxing (512) 463-9811; or by e-mailing dcc@tea.state.tx.us. Please refer to the RFA number and title in your request. Provide your name, complete mailing address, and phone number including area code. The announcement letter and complete RFA will also be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading.

Further Information. For clarifying information about the RFA, contact Jan Foster, Division of Program Monitoring and Interventions, Texas Education Agency, (512) 463-9414. In order to assure that no prospective applicant may obtain a competitive advantage because of acquisition of information unknown to other prospective applicants, any information that is different from or in addition to information provided in the RFA will be provided only in response to written inquiries. Copies of all such inquiries and the written answers thereto will be posted on the TEA website in the format of Frequently Asked Questions (FAQs) at http://burleson.tea.state.tx.us/GrantOpportunities/forms/ for viewing and downloading.

Deadline for Receipt of Applications. Applications must be received in the Document Control Center of the Texas Education Agency by 5:00 p.m. (Central Time), Thursday, April 24, 2008, to be eligible to be considered for funding.

TRD-200801160

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 27, 2008

Texas Commission on Environmental Quality

Agreed Orders

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (the Code), §7.075. Section 7.075 requires that, before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the proposed orders and the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 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 April 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: Broadway Grocery, Inc.; DOCKET NUMBER: 2007-1633-PST-E; IDENTIFIER: RN101876498; LOCATION: San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 Texas Administrative Code (TAC) §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases; PENALTY: $5,100; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(2) COMPANY: Dewberry Investments, Ltd. dba Dewberry Investments Monterrey Hills; DOCKET NUMBER: 2008-0186-WQ-E; IDENTIFIER: RN105384077; LOCATION: Del Valle, Bastrop County, Texas; TYPE OF FACILITY: storm water; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a construction general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(3) COMPANY: Curtis Hamlin dba H & S Quik Stop; DOCKET NUMBER: 2005-1321-PST-E; IDENTIFIER: RN101848489; LOCATION: Crockett, Houston County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to inspect and test the cathodic protection system; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to monitor pressurized piping associated with the UST system; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to have the line leak detectors tested; 30 TAC §334.50(d)(1)(B)(ii) and the Code, §26.3475(c)(1), by failing to reconcile inventory control records; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $6,750; ENFORCEMENT COORDINATOR: Shontay Wilcher, (512) 239-2136; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(4) COMPANY: Happy Hill Farm Children's Home, Inc.; DOCKET NUMBER: 2007-1247-PWS-E; IDENTIFIER: RN101236990; LOCATION: Somervell County, Texas; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(3)(A) and §290.46(f)(3)(E)(iv), by failing to keep on file and make available for commission review all water system operating records; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement that covers land within 150 feet of Well Numbers 1, 2, and 3; 30 TAC §290.41(c)(3)(P), by failing to provide an all-weather access road to the well site; 30 TAC §290.41(c)(3)(N), by failing to provide flow measuring devices to measure production yields and provide for the accumulation of water production data; 30 TAC §290.43(c)(4), by failing to provide a liquid level indicator on the ground storage tank; 30 TAC §290.46(u), by failing to plug and seal an abandoned public water supply well or to return the well to a non-deteriorated condition; 30 TAC §290.46(d)(2)(A) and Texas Health and Safety Code (THSC), §341.0315(c), by failing to operate the disinfection equipment to maintain a free chlorine residual of at least 0.2 milligrams per liter throughout the distribution system at all times; and 30 TAC §290.121(a) and (b), by failing to maintain an up-to-date chemical and microbiological monitoring plan that identifies all sampling locations, describes the sampling frequency, and specifies the analytical procedures and laboratories; PENALTY: $1,520; ENFORCEMENT COORDINATOR: Tel Croston, (512) 239-5717; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: City of Hemphill; DOCKET NUMBER: 2007-1806-MWD-E; IDENTIFIER: RN101918134; LOCATION: Hemphill, Sabine County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0010493002, Interim and Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for total suspended solids (TSS); PENALTY: $5,550; Supplemental Environmental Project (SEP) offset amount of $4,440 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Wastewater Treatment Assistance; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(6) COMPANY: City of Hooks; DOCKET NUMBER: 2007-1889-MWD-E; IDENTIFIER: RN101916468; LOCATION: Bowie County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010507001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for TSS and total ammonia nitrogen; and 30 TAC §305.125(17) and TPDES Permit Number WQ0010507001, Sludge Provisions, by failing to submit the annual sludge report; PENALTY: $6,180; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3756, (903) 535-5100.

(7) COMPANY: Houston Refining LP; DOCKET NUMBER: 2007-1954-AIR-E; IDENTIFIER: RN100218130; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: petroleum refinery; RULE VIOLATED: 30 TAC §115.722(c)(1) and §116.715(c), TCEQ Permit Number 2167, Special Condition (SC) Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; PENALTY: $20,000; Supplemental Environmental Project (SEP) offset amount of $10,000 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Kimberly Morales, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(8) COMPANY: Huntsman Petrochemical Corporation; DOCKET NUMBER: 2006-1775-MLM-E; IDENTIFIER: RN100217389 and RN104340013; LOCATION: Port Arthur and Port Neches, Jefferson County, Texas; TYPE OF FACILITY: petrochemical manufacturing plant and public water supply; RULE VIOLATED: 30 TAC §§101.20(3), 116.715(a) and (c)(7), and 122.143(4), Air Flexible Permit Number 16989/PSD-TX-794, SC 1, Federal Operating Permit (FOP) O-01317, General Terms and Conditions (GTC) and SC 16, and THSC, §382.085(b), by failing to maintain an emission rate below the allowable emission limit; 30 TAC §§101.20(3), 116.715(a) and (c)(7), and 122.143(4), Air Flexible Permit Number 16989/PSD-TX-794, SC 1, FOP O-01317, GTC and SC 16, and THSC, §382.085(b), by failing to prevent unauthorized emissions and maintain an emission rate below the authorized emission limit; and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to perform routine bacteriological monitoring of the public water system and by failing to provide public notice of the failure to perform routine bacteriological monitoring; PENALTY: $98,263; Supplemental Environmental Project (SEP) offset amount of $49,131 applied to South East Texas Regional Planning Commission-West Port Arthur Home Energy Efficiency Program; ENFORCEMENT COORDINATOR: Daniel Siringi, (409) 898-3838; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(9) COMPANY: City of Kerens; DOCKET NUMBER: 2005-1166-MWD-E; IDENTIFIER: RN101919553; LOCATION: Navarro County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10745001, Permit Conditions Number 2(g), and the Code, §26.121(a)(1), by failing to prevent an unauthorized discharge from storm water inflow and infiltration; PENALTY: $3,300; Supplemental Environmental Project (SEP) offset amount of $2,640 applied to holding a one-day event for the collection, recycling, or disposal of tires, batteries, electronics, and lawn clippings; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Sammy Rene Lugo; DOCKET NUMBER: 2007-1819-LII-E; IDENTIFIER: RN105305312; LOCATION: Corpus Christi, Nueces County, Texas; TYPE OF FACILITY: landscape irrigation business; RULE VIOLATED: 30 TAC §30.5(b) and §344.4(a), Texas Occupations Code, §1903.251, and the Code, §37.003, by failing to refrain from advertising or representing himself to the public as a person who can perform services for which a license or registration is required when not possessing a current license or registration; PENALTY: $262; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5503, (361) 825-3100.

(11) COMPANY: McEachern Enterprises, Inc. dba Superior Clean Can; DOCKET NUMBER: 2007-1716-MLM-E; IDENTIFIER: RN105148852; LOCATION: Round Rock, Williamson County, Texas; TYPE OF FACILITY: portable sanitation company; RULE VIOLATED: the Code, §26.121(a), by failing to prevent the unauthorized discharge of spent wash water; and 30 TAC §213.5(b)(4)(D)(ii)(1), by failing to obtain approval of an Edwards Aquifer Pollution Prevention Plan; PENALTY: $3,150; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5712, (512) 339-2929.

(12) COMPANY: City of Moran; DOCKET NUMBER: 2007-1615-MWD-E; IDENTIFIER: RN101918365; LOCATION: Moran, Shackelford County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §§305.125(5), 317.4(i) and 317.5(e)(l), and Waste Water Permit Number 11420001, Special Provision Number 3, by failing to properly maintain the growth of vegetation on the banks of the stabilization pond and maintain the structural condition of the drying bed; the Code, §26.121(a)(1) and Waste Water Permit Number 11420001, Standard Provision 2b, by failing to prevent the unauthorized discharges from the wastewater treatment plant; 30 TAC §305.125(1), Waste Water Permit Number 11420001, Effluent Limitation and Monitoring Requirements IV.A., and the Code, §26.121(a), by failing to meet the five-day biochemical oxygen demand (BOD₅), 30 TAC §319.11(b), by failing to properly analyze the pH within the required 15-minute hold time; and 30 TAC §305.125(1) and Waste Water Permit Number 11420001, Standard Provision 2a, by failing to notify the TCEQ Regional Office of the unauthorized discharge within 24 hours; PENALTY: $6,300; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (915) 698-9674.

(13) COMPANY: New Waverly Ventures Ltd. Co.; DOCKET NUMBER: 2007-1773-IWD-E; IDENTIFIER: RN100214493; LOCATION: Walker County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0001905000, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for chemical oxygen demand, TSS, and fecal coliform bacteria; and 30 TAC §305.125(1) and §319.5(b) and TPDES Permit Number WQ0001905000, Effluent Limitations and Monitoring Requirements Number 1, by failing to collect and analyze samples for each parameter; PENALTY: $7,515; ENFORCEMENT COORDINATOR: Lynley Doyen, (512) 239-1364; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(14) COMPANY: Orange County Water Control and Improvement District Number 2; DOCKET NUMBER: 2007-1673-MWD-E; IDENTIFIER: RN101614030; LOCATION: West Orange, Orange County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010240001, Effluent Limitations and Monitoring Requirements Numbers 1 and 2, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for BOD₅, total chlorine, total copper, and TSS; PENALTY: $14,200; ENFORCEMENT COORDINATOR: Andrew Hunt, (512) 239-1203; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(15) COMPANY: Petro Stopping Centers, L.P. dba Petro Stopping Center 4; DOCKET NUMBER: 2007-1706-PST-E; IDENTIFIER: RN102424884; LOCATION: Beaumont, Jefferson County, Texas; TYPE OF FACILITY: travel center with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.48(a), by failing to prevent an unauthorized discharge of diesel fuel; 30 TAC §334.78(c), by failing to submit a site assessment report; 30 TAC §334.48(d) and the Code, §26.3475(c)(2), by failing to ensure spill and overfill prevention equipment is properly operated and maintained; 30 TAC §334.51(a)(4)(A) and the Code, §26.3475(c)(2), by failing to ensure that facility personnel conducting the transfer operation of a regulated substance is physically present at or near the transfer point to abate any spill or overfill; and 30 TAC §334.10(b) and §334.50(e)(2)(C), by failing to maintain records of results for all manual and/or automatic methods of monitoring for releases; PENALTY: $16,050; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1892, (409) 898-3838.

(16) COMPANY: SPX Corporation; DOCKET NUMBER: 2007-1768-MWD-E; IDENTIFIER: RN102202462; LOCATION: Harris County, Texas; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0012397001, Final Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for TSS, BOD₅ , and ammonia nitrogen; PENALTY: $3,060; Supplemental Environmental Project (SEP) offset amount of $1,224 applied to Gulf Coast Waste Disposal Authority ("GCWDA") - River, Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(17) COMPANY: Texas Department of Criminal Justice; DOCKET NUMBER: 2007-1705-MWD-E; IDENTIFIER: RN102315199; LOCATION: Walker County, Texas; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 0011180001, Effluent Limitations and Monitoring Requirements Numbers 1 and 3, and the Code, §26.121(a), by failing to comply with the permit effluent limits for pH and ammonia nitrogen; and 30 TAC §325.5(d) and the Code, §5.702, by failing to pay assessed water quality fees; PENALTY: $3,220; Supplemental Environmental Project (SEP) offset amount of $2,576 applied to Texas Association of Resource Conservation and Development Areas, Inc. ("RC&D") - Abandoned Tire Clean-Up; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(18) COMPANY: TurboCare, Inc.; DOCKET NUMBER: 2007-1458-PWS-E; IDENTIFIER: RN101235489; LOCATION: Houston, Harris County, Texas; TYPE OF FACILITY: turbine repair and maintenance facility with a public water supply; RULE VIOLATED: 30 TAC §290.45(d)(2)(A)(ii) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons; PENALTY: $210; ENFORCEMENT COORDINATOR: Rebecca Clausewitz, (210) 490-3096; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1486, (713) 767-3500.

(19) COMPANY: Upper Trinity Regional Water District; DOCKET NUMBER: 2007-1525-MWD-E; IDENTIFIER: RN102079076; LOCATION: Denton County, Texas; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number 10698002, Interim II Effluent Limitations and Monitoring Requirements Number 1, Outfalls 001 and 002, and the Code, §26.121(a), by failing to comply with permitted effluent limitations for ammonia nitrogen; PENALTY: $3,400; Supplemental Environmental Project (SEP) offset amount of $2,720 applied to holding a one-day household hazardous waste collection event in Denton County at no cost to citizens; ENFORCEMENT COORDINATOR: Craig Fleming, (512) 239-5806; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(20) COMPANY: ZZQ Enterprises, Inc. dba Mini Mart Food Store FFP 3840; DOCKET NUMBER: 2007-1887-PST-E; IDENTIFIER: RN102356078; LOCATION: Irving, Dallas County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(9) and THSC, §382.085(b), by failing to post operating instructions conspicuously on the front of each gasoline dispensing pump; 30 TAC §334.10(b), by failing to have the required UST records maintained, readily accessible, and available for the inspection upon request by agency personnel; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to ensure that all USTs are monitored in a manner which will detect a release at a frequency of at least once every month; and 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; PENALTY: $4,725; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2301 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200801137

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 26, 2008

Enforcement Orders

An agreed order was entered regarding Herminia Witherspoon dba Nick's Conoco, Docket No. 2005-0285-PST-E on February 14, 2008 assessing $2,850 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Robert Mosley, Staff Attorney at (512) 239-0627, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Grand Saline, Docket No. 2005-0666-MLM-E on February 14, 2008 assessing $17,920 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Kimberly Morales, Enforcement Coordinator at (713) 422-8938, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Cranfills Gap, Docket No. 2005-1134-MWD-E on February 14, 2008 assessing $16,100 in administrative penalties with $3,220 deferred.

Information concerning any aspect of this order may be obtained by contacting Lindsey Jones, Enforcement Coordinator at (512) 239-4930, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Amir Tell dba Quick Stop 1, Docket No. 2005-1876-PST-E on February 14, 2008 assessing $100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jacquelyn Boutwell, Staff Attorney at (512) 239-5846, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Tahoka, Docket No. 2005-1897-PWS-E on February 14, 2008 assessing $7,150 in administrative penalties with $1,430 deferred.

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

An agreed order was entered regarding Inara Convenience, Inc. dba Rosedale Texaco, Docket No. 2006-0123-PST-E on February 14, 2008 assessing $40,610 in administrative penalties.

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

An agreed order was entered regarding Racetrac Petroleum, Inc. dba Racetrac 512, Docket No. 2006-0378-PWS-E on February 14, 2008 assessing $1,200 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0974, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ExxonMobil Oil Corporation, Docket No. 2006-0498-AIR-E on February 14, 2008 assessing $10,324 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Alfred Oloko, Staff Attorney at (713) 422-8918, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Jin Park dba Lah Cleaners, Docket No. 2006-1193-DCL-E on February 14, 2008 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Patrick Jackson, Staff Attorney at (512) 239-6501, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of De Kalb, Docket No. 2006-1392-MWD-E on February 14, 2008 assessing $9,675 in administrative penalties.

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

An agreed order was entered regarding Amir Ali Momin dba Shop N Go, Docket No. 2006-1915-PST-E on February 14, 2008 assessing $18,800 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-1297, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Maxim Farm Egg Co. Inc., Docket No. 2006-2244-AIR-E on February 14, 2008 assessing $4,160 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Shawn Slack, Staff Attorney at (512) 239-0063, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding ConocoPhillips Company, Docket No. 2007-0053-AIR-E on February 14, 2008 assessing $135,538 in administrative penalties.

An agreed order was entered regarding Reza S. Mousavi dba Bernard's Liquor Store, Docket No. 2007-0074-PWS-E on February 14, 2008 assessing $312 in administrative penalties with $62 deferred.

Information concerning any aspect of this order may be obtained by contacting Trina Grieco, Enforcement Coordinator at (210) 403-4006, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Anthony Vaughn dba Wildwood Mobile Home Village, Docket No. 2007-0111-MSW-E on February 14, 2008 assessing $1,070 in administrative penalties with $214 deferred.

Information concerning any aspect of this order may be obtained by contacting Dana Shuler, Enforcement Coordinator at (512) 239-2505, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Formosa Plastics Corporation, Texas, Docket No. 2007-0230-AIR-E on February 14, 2008 assessing $6,422 in administrative penalties.

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

An agreed order was entered regarding City of Post, Docket No. 2007-0341-MWD-E on February 14, 2008 assessing $14,450 in administrative penalties with $2,890 deferred.

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

A default order was entered regarding CO2 Cleaning Services, Inc., Docket No. 2007-0345-MLM-E on February 14, 2008 assessing $2,000 in administrative penalties.

A default order was entered regarding Ray Johnson, Docket No. 2007-0442-PST-E on February 14, 2008 assessing $21,000 in administrative penalties.

An agreed order was entered regarding 100 Century Oaks, Ltd. dba Worthham Oaks, Docket No. 2007-0489-MLM-E on February 14, 2008 assessing $33,500 in administrative penalties with $6,700 deferred.

Information concerning any aspect of this order may be obtained by contacting Catherine Albrecht, Enforcement Coordinator at (713) 767-3672, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Equistar Chemicals, LP, Docket No. 2007-0519-AIR-E on February 14, 2008 assessing $40,000 in administrative penalties.

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

An agreed order was entered regarding Motiva Enterprises LLC, Docket No. 2007-0586-MLM-E on February 14, 2008 assessing $29,362 in administrative penalties with $5,872 deferred.

Information concerning any aspect of this order may be obtained by contacting Daniel Siringi, Enforcement Coordinator at (409) 899-8799, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dennis James Schouten dba Dennis Schouten Dairy, Docket No. 2007-0624-AGR-E on February 14, 2008 assessing $2,340 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Dinniah Chahin, Staff Attorney at (512) 239-0617, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding International Paper Company, Docket No. 2007-0666-IWD-E on February 14, 2008 assessing $6,372 in administrative penalties with $1,274 deferred.

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

An agreed order was entered regarding City of Garland, Docket No. 2007-0749-IWD-E on February 14, 2008 assessing $6,000 in administrative penalties with $1,200 deferred.

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

An agreed order was entered regarding Brazos Valley Petroleum Corporation dba In & Out 7, Docket No. 2007-0759-PST-E on February 14, 2008 assessing $1,000 in administrative penalties.

An agreed order was entered regarding Roger Wall dba Wall's Tire Service, Docket No. 2007-0761-MSW-E on February 14, 2008 assessing $5,250 in administrative penalties with $1,050 deferred.

An agreed order was entered regarding Firestone Polymers LLC, Docket No. 2007-0767-AIR-E on February 14, 2008 assessing $27,625 in administrative penalties with $5,525 deferred.

An agreed order was entered regarding King-Isles, Inc. dba King Isles Vista Hermosa, Docket No. 2007-0926-WQ-E on February 14, 2008 assessing $1,000 in administrative penalties with $200 deferred.

An agreed order was entered regarding The Premcor Refining Group Inc., Docket No. 2007-0956-AIR-E on February 14, 2008 assessing $25,150 in administrative penalties with $5,030 deferred.

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

An agreed order was entered regarding Texas Department of Criminal Justice, Docket No. 2007-0983-MWD-E on February 14, 2008 assessing $13,360 in administrative penalties.

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

An agreed order was entered regarding GSW Cleaners, Inc. dba GSW Cleaners, Docket No. 2007-0984-DCL-E on February 14, 2008 assessing $2,000 in administrative penalties with $400 deferred.

Information concerning any aspect of this order may be obtained by contacting Rajesh Acharya, Enforcement Coordinator at (512) 239-0577, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of DeSoto, Docket No. 2007-1044-WQ-E on February 14, 2008 assessing $18,825 in administrative penalties.

An agreed order was entered regarding Thelin Recycling Company, L.P., Docket No. 2007-1092-AIR-E on February 14, 2008 assessing $9,100 in administrative penalties with $1,820 deferred.

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

An agreed order was entered regarding Barten Industrial Coatings, LLC, Docket No. 2007-1108-AIR-E on February 14, 2008 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Roshondra Lowe, Enforcement Coordinator at (713) 676-3500, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Craig J. Dickson, Docket No. 2007-1156-PWS-E on February 14, 2008 assessing $1,395 in administrative penalties.

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

An agreed order was entered regarding Steve Claubaugh dba Discount Materials, Docket No. 2007-1159-MSW-E on February 14, 2008 assessing $4,000 in administrative penalties with $800 deferred.

Information concerning any aspect of this order may be obtained by contacting Colin Barth, Enforcement Coordinator at (512) 239-0068, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding BLR Construction Companies, L.L.C., Docket No. 2007-1163-AIR-E on February 14, 2008 assessing $20,000 in administrative penalties.

An agreed order was entered regarding TRI Century Management Solutions, Inc. dba Lance Friday Homes, Docket No. 2007-1169-WQ-E on February 14, 2008 assessing $410 in administrative penalties with $82 deferred.

Information concerning any aspect of this order may be obtained by contacting John Muennink, Enforcement Coordinator at (361) 825-3423, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Joe E. Panagopoulos dba Metro Materials, Docket No. 2007-1182-MSW-E on February 14, 2008 assessing $1,000 in administrative penalties with $200 deferred.

Information concerning any aspect of this order may be obtained by contacting Marlin Bullard, Enforcement Coordinator at (254) 751-0338, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oasis Pipe Line Company Texas L.P., Docket No. 2007-1206-AIR-E on February 14, 2008 assessing $1,200 in administrative penalties with $240 deferred.

An agreed order was entered regarding Pottsboro Independent School District, Docket No. 2007-1209-AGR-E on February 14, 2008 assessing $3,150 in administrative penalties with $630 deferred.

Information concerning any aspect of this order may be obtained by contacting Libby Hogue, Enforcement Coordinator at (512) 239-1165, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Granbury, Docket No. 2007-1231-PWS-E on February 14, 2008 assessing $715 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Rebecca Clausewitz, Enforcement Coordinator at (210) 403-4012, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Galileo Mount Houston TX LP dba Mount Houston Utilities, Docket No. 2007-1232-MWD-E on February 14, 2008 assessing $35,490 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Lynley Doyen, Enforcement Coordinator at (512) 239-1364, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Westwind Enterprises, Ltd. dba Cedar Grove Manufactured Home Community, Docket No. 2007-1252-WQ-E on February 14, 2008 assessing $3,300 in administrative penalties with $660 deferred.

An agreed order was entered regarding Southwest-Tex Leasing Co., Inc. dba Advantage Rent-A-Car, Docket No. 2007-1256-AIR-E on February 14, 2008 assessing $920 in administrative penalties with $184 deferred.

An agreed order was entered regarding Fort Bend County Municipal Utility District 30, Docket No. 2007-1282-MWD-E on February 14, 2008 assessing $6,680 in administrative penalties with $1,336 deferred.

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

An agreed order was entered regarding City of Quinlan, Docket No. 2007-1283-MWD-E on February 14, 2008 assessing $6,100 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Jorge Ibarra, Enforcement Coordinator at (817) 588-5890, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding City of Mont Belvieu, Docket No. 2007-1293-MWD-E on February 14, 2008 assessing $18,900 in administrative penalties with $3,780 deferred.

Information concerning any aspect of this order may be obtained by contacting Cynthia McKaughan, Enforcement Coordinator at (512) 239-2545, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Harris County Municipal Utility District No. 189, Docket No. 2007-1298-MWD-E on February 14, 2008 assessing $2,040 in administrative penalties with $408 deferred.

An agreed order was entered regarding Cemex Construction Materials L.P., Docket No. 2007-1314-AIR-E on February 14, 2008 assessing $4,950 in administrative penalties with $990 deferred.

An agreed order was entered regarding ALBERTSON'S LLC dba Albertson's Express 1016, Docket No. 2007-1326-AIR-E on February 14, 2008 assessing $1,220 in administrative penalties with $244 deferred.

An agreed order was entered regarding Delta Bevco, Inc. dba Delta Food 2, Docket No. 2007-1353-PST-E on February 14, 2008 assessing $2,140 in administrative penalties with $428 deferred.

An agreed order was entered regarding Johnson Controls Battery Group, Inc., Docket No. 2007-1354-AIR-E on February 14, 2008 assessing $1,800 in administrative penalties with $360 deferred.

An agreed order was entered regarding City of Willow Park, Docket No. 2007-1366-MWD-E on February 14, 2008 assessing $9,200 in administrative penalties with $1,840 deferred.

An agreed order was entered regarding City of Itasca, Docket No. 2007-1373-PWS-E on February 14, 2008 assessing $218 in administrative penalties with $43 deferred.

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

An agreed order was entered regarding Texas Egg Products, LLC, Docket No. 2007-1388-WQ-E on February 14, 2008 assessing $950 in administrative penalties with $190 deferred.

An agreed order was entered regarding Southwest Texas District of the Pentacostal Church of God, Inc., Docket No. 2007-1391-PWS-E on February 14, 2008 assessing $1,887 in administrative penalties.

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

An agreed order was entered regarding Exxon Mobil Corporation, Docket No. 2007-1403-AIR-E on February 14, 2008 assessing $10,000 in administrative penalties.

An agreed order was entered regarding Chevron Phillips Chemical Company LP, Docket No. 2007-1419-AIR-E on February 14, 2008 assessing $10,229 in administrative penalties with $2,045 deferred.

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

An agreed order was entered regarding LANXESS Corporation, Docket No. 2007-1429-AIR-E on February 14, 2008 assessing $3,050 in administrative penalties with $610 deferred.

An agreed order was entered regarding Southern Union Gas Services, Ltd., Docket No. 2007-1430-AIR-E on February 14, 2008 assessing $1,875 in administrative penalties with $375 deferred.

An agreed order was entered regarding Gas Solutions II Ltd., Docket No. 2007-1473-AIR-E on February 14, 2008 assessing $1,875 in administrative penalties with $375 deferred.

Information concerning any aspect of this order may be obtained by contacting Sidney Wheeler, Enforcement Coordinator at (512) 239-2171 Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Wharton County Power Partners, L.P., Docket No. 2007-1478-AIR-E on February 14, 2008 assessing $11,000 in administrative penalties with $2,200 deferred.

An agreed order was entered regarding McLennan County Water Control and Improvement District No. 2, Docket No. 2007-1504-PWS-E on February 14, 2008 assessing $460 in administrative penalties with $92 deferred.

An agreed order was entered regarding Shintech Incorporated, Docket No. 2007-1527-AIR-E on February 14, 2008 assessing $2,475 in administrative penalties with $495 deferred.

An agreed order was entered regarding Quebecor World Dallas II Inc., Docket No. 2007-1568-AIR-E on February 14, 2008 assessing $7,700 in administrative penalties with $1,540 deferred.

An agreed order was entered regarding Tarken Builders, Ltd., Docket No. 2007-1585-WQ-E on February 14, 2008 assessing $2,000 in administrative penalties with $400 deferred.

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

An agreed order was entered regarding Texas Petrochemicals LP, Docket No. 2007-1675-AIR-E on February 14, 2008 assessing $6,500 in administrative penalties with $1,300 deferred.

A field citation was entered regarding Texas Department of Transportation, Docket No. 2007-1892-PST-E on February 14, 2008 assessing $1,750 in administrative penalties.

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

An order was entered regarding Mohammad Adil Aqil, Docket No. 2004-1663-PST-E on February 15, 2008 assessing $3,280 in administrative penalties.

TRD-200801167

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 27, 2008

Notice of Meeting on April 17, 2008, in Somerset, Texas, Concerning the Pioneer Oil and Refining Proposed State Superfund Site

The purpose of the meeting is to obtain public input and information concerning the proposed remedy for the Pioneer Oil and Refining state Superfund site (the site).

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) is issuing this public notice of a proposed selection of remedy for the site. In accordance with 30 TAC §335.349(a) concerning requirements for the remedial action, and Texas Health and Safety Code (THSC), §361.187, concerning the proposed remedial action, a public meeting regarding the commission's selection of a proposed remedy for the site shall be held. The statute requires that the commission shall publish notice of the meeting in the Texas Register and in a newspaper of general circulation in the county in which the facility is located at least 30 days before the date of the public meeting. This notice was also published in the San Antonio Express-News, on March 7, 2008, and the Lytle Leader-News in Lytle, Texas, on March 6, 2008.

The public meeting is scheduled for April 17, 2008, at 7:00 p.m., at the Somerset City Hall, 7360 East 6th Street, Somerset, Texas. The public meeting is not a contested case hearing under the Texas Government Code, Chapter 2001.

The site for which a remedy is being proposed, the site was proposed for listing on the state registry of Superfund sites on September 25, 1990 (15 TexReg 5623) and accepted into the State Superfund Program. The real property, a 12-acre tract on which the Pioneer Oil refinery was located, was operated as a refinery between the late 1910's and the late 1940's. Business names associated with the site included Rainbow Oil and Refining Company, Slimp Oil Company, and Pioneer Oil. Rainbow conveyed the refinery and the lease to Pioneer Oil and Refining Company in 1920. Pioneer was dissolved in 1949. Property ownership was in the Kurz family (prior to 1961), J.W. and Mary L. James from 1961 - 1977, and the City of Somerset (1977 - present).

Oil and oil products, including roofing tar, were produced during the operation at the facility. During the operation, the facility had at least 25 aboveground tanks, at least five refining buildings, a pond and two sludge ponds, and a rail service to transport products. Two sludge ponds, two oil wells, two brick aboveground tanks, and several buildings associated with the refining process still remain on site.

The TCEQ has conducted a Hazard Ranking System evaluation of the site and the site earned a Hazard Ranking System score of 24.54, which qualified the site for the State Superfund program. A Remedial Investigation was conducted by the TCEQ. The Remedial Investigation determined that the sludge in the two impoundments and soil in the contaminated areas have lead, benzene and total petroleum hydrocarbons over the critical protective concentration level. The sludge in the ponds has a pH less than 2. Groundwater was determined to be contaminated with arsenic, lead, benzene and total petroleum hydrocarbons above the critical protective concentration level. Treatability studies were conducted to determine remedies for the soil and sludge and the groundwater.

Based on the results of the treatability studies, a feasibility study, dated January 2008, screened and evaluated remedies for the site. The Feasibility Study report evaluated four remedies each for the contaminated soil and sludge and for the contaminated groundwater. These remedies were combined to identify the most effective remedial alternative in terms of technical feasibility, reliability, and costs which will effectively mitigate and minimize the damage to the environment and provide adequate protection of public health.

Based on these criteria the TCEQ recommends: 1) excavation of contaminated soil and sludge from the west pond with consolidation of the excavated materials into the east pond. The excavated soil and sludge will be mixed with lime, cement, or similar materials to increase the pH to around 8.0 and to increase the compressive strength of the mixture to withstand the weight of an engineered cap; and 2) a plume management zone with monitored natural attenuation for the contaminated groundwater. The remedy will also include installation of a fence and warning signs around the perimeter of the cap to restrict access. A deed notice will be recorded describing the containment area and the plume management zone area. Post-closure maintenance of the cap and groundwater monitoring will be conducted to assess the effectiveness of the remediation effort. The recommended alternative is the most cost effective, reasonable, and appropriate remedy to address the site.

All persons desiring to make comments may do so prior to or at the public meeting. All comments submitted prior to the public meeting must be received in writing by 5:00 p.m. on April 16, 2008 and should be sent in writing to Mr. Subhash C. Pal, P.E., Project Manager, Texas Commission on Environmental Quality, Remediation Division, State Lead Section, MC 136, P.O. Box 13087, Austin, Texas 78711-3087, or facsimile at (512) 239-2450. The public comment period for this action will end at the close of the public meeting on April 17, 2008.

A portion of the record for this site including documents pertinent to the proposed remedy is available for review during regular business hours at the San Antonio Public Library, 600 Soledad, San Antonio, Texas or the City of Somerset Administrative Office, 7360 East 6th Street, Somerset, Texas. 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, convenient to access ramps that are between Buildings D and E.

Information is also available regarding the state Superfund program at www.tceq.state.tx.us/remediation/superfund/index.html.

Persons with disabilities who have special communication or other accommodation needs who are planning to attend the meeting should contact the agency at (800) 633-9363 or (512) 239-5674. Requests should be made as far in advance as possible.

For further information about this site or the public meeting, please call John Flores, TCEQ Community Relations, at (800) 633-9363, extension 5674.

TRD-200801136

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 26, 2008

Notice of Proposed Amendment and Renewal of a General Permit Authorizing the Discharge of Wastewater

The Texas Commission on Environmental Quality (TCEQ) proposes to amend and renew a general permit (Texas Pollutant Discharge Elimination System Permit No. TXG530000) authorizing the discharge of waste from certain on-site treatment systems connected to single family residences located within the San Jacinto River Basin in Harris County into or adjacent to water in the state. General permits are authorized by §26.040 of the Texas Water Code.

PROPOSED GENERAL PERMIT. The Executive Director has prepared a draft renewal with amendments of an existing general permit that authorizes the discharge of waste from on-site treatment systems connected to certain single family residences located within the San Jacinto River Basin in Harris County. No significant degradation of high quality waters is expected and existing uses will be maintained and protected. The Executive Director proposes to require regulated dischargers to submit a Notice of Intent (NOI) to obtain authorization for discharge.

The Executive Director has reviewed this action for consistency with the goals and policies of the Texas Coastal Management Program (CMP) according to Coastal Coordination Council (CCC) regulations, and has determined that the action is consistent with applicable CMP goals and policies.

A copy of the proposed general permit and fact sheet are available for viewing and copying at the TCEQ's Office of the Chief Clerk, located at the TCEQ's Austin office at 12100 Park 35 Circle, Building F. These documents are also available at the TCEQ's sixteen (16) regional offices and on the TCEQ's website at http://www.tceq.state.tx.us/permitting/water_quality/wastewater/general/WQ_general_permits.html.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting about this proposed general permit. The purpose of a public meeting is to provide the opportunity to submit written or oral comment or to ask questions about the proposed general permit. Generally, the TCEQ will hold a public meeting if the executive director determines that there is a significant degree of public interest in the proposed general permit or if requested by a local legislator. A public meeting is not a contested case hearing.

Written public comments must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 within 30 days from the date this notice is published in the Texas Register.

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

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

INFORMATION. If you need more information about this permit or the permitting process, please call the TCEQ's Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at: www.tceq.state.tx.us.

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

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

TRD-200801166

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 27, 2008

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Agreed Orders (AOs) in accordance with Texas Water Code (TWC), §7.075. Section 7.075 requires that before the commission may approve the AOs, the commission shall allow the public an opportunity to submit written comments on the proposed AOs. Section 7.075 requires that notice of the opportunity to comment must be published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 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 April 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: J.W. Garrett & Son, Inc. dba G & G Enterprises; DOCKET NUMBER: 2007-1042-WQ-E; TCEQ ID NUMBER: RN105134498; LOCATION: 3050 Dowlen Road, Beaumont, Jefferson County, Texas; TYPE OF FACILITY: construction site; RULES VIOLATED: Texas Water Code (TWC), §26.121(a)(1), by failing to prevent the unauthorized discharge of storm water into waters in the state; and 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations §126.22(a), by failing to develop and implement a storm water pollution prevention plan and by failing to sign and post a construction site notice for a small construction activity (less than five acres but greater than one acre of disturbed land); PENALTY: $4,200; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Beaumont Regional Office, 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(2) COMPANY: Shahid Hameed dba RPS Discount; DOCKET NUMBER: 2006-1748-PST-E; TCEQ ID NUMBER: RN102061504; LOCATION: 1600 North Alexander Drive, Baytown, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the underground storage tanks (USTs) for releases at a frequency of at least once every month; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs; PENALTY: $5,100; STAFF ATTORNEY: Becky Combs, Litigation Division, MC 175, (512) 239-6939; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

TRD-200801150

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 26, 2008

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

The Texas Commission on Environmental Quality (TCEQ or commission) staff is providing an opportunity for written public comment on the listed Default Orders (DOs). The commission staff proposes a DO when the staff has sent an executive director's preliminary report and petition (EDPRP) to an entity outlining the alleged violations; the proposed penalty; and the proposed technical requirements necessary to bring the entity back into compliance; and the entity fails to request a hearing on the matter within 20 days of its receipt of the EDPRP or requests a hearing and fails to participate at the hearing. Similar to the procedure followed with respect to Agreed Orders entered into by the executive director of the commission, in accordance with Texas Water Code (TWC), §7.075 this notice of the proposed order and the opportunity to comment is published in the Texas Register no later than the 30th day before the date on which the public comment period closes, which in this case is April 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 April 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: A & L Partners, LLC dba Hurst Food Mart; DOCKET NUMBER: 2006-1844-PST-E; TCEQ ID NUMBER: RN101539930; LOCATION: 1401 West Hurst Boulevard, Hurst, Tarrant County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.50(b)(1)(A), (2), (2)(A)(i)(III), and (d)(1)(B) and Texas Water Code (TWC), §26.3475(a) and (c)(1), by failing to monitor its underground storage tanks (USTs) for releases at a frequency of at least once every month (not to exceed 35 days between each monitoring), by failing to accurately conduct manual or automatic monthly inventory control procedure for all USTs, by failing to monitor the pressurized piping associated with the UST system in a manner designed to detect releases from any portion of the piping system, and by failing to test the line leak detectors at least once per year for performance and operational reliability; 30 TAC §115.244(1) and (3) and Texas Health and Safety Code (THSC), §382.085(b), by failing to properly conduct daily and monthly inspections of the Stage II vapor recovery system; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that a Stage II representative made aware to current employees the purpose and correct operating procedures for the Stage II Vapor Recovery System; 30 TAC §115.246(1) and (3) and THSC, §382.085(b), by failing to maintain all required Stage II records at the station and by failing to make the records immediately available for review upon request by agency personnel; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to conduct the required annual and triennial testing to verify proper operation of the Stage II equipment; 30 TAC §115.242(3)(J) and (9) and THSC, §382.085(b), by failing to maintain all components of the Stage II vapor recovery system in proper operating condition as specified by the manufacturer and/or any applicable California Air Resources Board executive order(s), and free of defects that would impair the effectiveness of the system; and 30 TAC §115.222(3) and §115.242(4) and THSC, §382.085(b), by failing to prevent the release of gasoline vapors from the Stage II vapor recovery system; PENALTY: $10,500; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(2) COMPANY: Alonso Trejo; DOCKET NUMBER: 2007-1082-LII-E; TCEQ ID NUMBER: RN105236053; LOCATION: 8563 Dorbandt Circle, El Paso, El Paso County, Texas; TYPE OF FACILITY: landscape irrigation business; RULES VIOLATED: 30 TAC §30.5(a) and §344.4(a), TWC, §37.003, and Texas Occupations Code, §1903.251, by failing to hold a landscape irrigator license prior to selling, designing, consulting, installing, maintaining, altering, repairing, or servicing an irrigation system or representing to the public that he could perform a service for which a license is required; and 30 TAC §344.58(b) and Texas Occupations Code, §1903.251, by failing to comply with irrigator installer requirements by the unauthorized use of a license of someone else who is a licensed irrigator; PENALTY: $875; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: El Paso Regional Office, 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(3) COMPANY: Anna Enterprises Inc. dba Charlies Food Mart 2; DOCKET NUMBER: 2006-1099-PST-E; TCEQ ID NUMBER: RN102256211; LOCATION: 23115 Aldine Westfield Road, Spring, Harris County, Texas; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.10(b), by failing to maintain UST records and make them immediately available for inspection upon request by the TCEQ investigator; 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for all USTs involved in the retail sale of petroleum substances used as motor fuel; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor USTs for releases at a frequency of at least once every month, not to exceed 35 days between each monitoring; and 30 TAC §334.49(a)(1) and TWC, §26.3475(d), by failing to provide proper corrosion protection for the UST system; PENALTY: $8,840; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Houston Regional Office, 5425 Polk Street, Suite H, Houston, Texas 77023, (713) 767-3500.

(4) COMPANY: Dennis Sparks; DOCKET NUMBER: 2006-2066-PST-E; TCEQ ID NUMBER: RN102271350; LOCATION: 13985 South Farm-to-Market 4, Santo, Palo Pinto County, Texas; TYPE OF FACILITY: non-operating convenience store with retail sales of gasoline; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to remove from service no later than 60 days after the prescribed upgrade implementation date, three USTs for which applicable components of the system were not brought into timely compliance with the upgrade requirements; and 30 TAC §334.22(a) and TWC, §5.702, by failing to pay outstanding UST fees for TCEQ Financial Account Number 0015196U for Fiscal Years 1990 - 2007; PENALTY: $7,875; STAFF ATTORNEY: Lena Roberts, Litigation Division, MC 175, (512) 239-0019; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(5) COMPANY: Douglas L. Barr dba Texas Rock; DOCKET NUMBER: 2007-1119-WQ-E; TCEQ ID NUMBER: RN103972691; LOCATION: 478 Limestone County Road 374, Groesbeck, Limestone County, Texas; TYPE OF FACILITY: surface mining operation; RULES VIOLATED: 30 TAC §281.25(a)(4), 40 Code of Federal Regulations (CFR) §122.26(c), and Texas Pollutant Discharge Elimination System (TPDES) Permit Number TX05Q601, Part III, Section A(5)(i), by failing to provide records indicating that periodic inspections and quarterly visual monitoring of storm water discharges from each outfall were being conducted on a quarterly basis; and 30 TAC §281.25(a)(4), 40 CFR §122.26(c), and TPDES Permit Number TX05Q601, Part III, Section A(7)(c)(4) and Section D(1)(d), by failing to include a report containing the results of the annual site compliance investigation as part of the storm water pollution prevention plan or referenced in the storm water pollution prevention plan and record results for each annual monitoring period on a discharge monitoring report to be made readily available for inspection and review, upon request by TCEQ personnel; PENALTY: $6,300; STAFF ATTORNEY: Barham A. Richard, Litigation Division, MC 175, (512) 239-0107; REGIONAL OFFICE: Waco Regional Office, 6801 Sanger Avenue, Suite 2500, Waco, Texas 76710-7826, (254) 751-0335.

(6) COMPANY: Heroes Quick Stop, Inc. dba Wez Mart 2; DOCKET NUMBER: 2006-1817-PST-E; TCEQ ID NUMBER: RN102050994; LOCATION: 930 East Formosa Boulevard, San Antonio, Bexar County, Texas; TYPE OF FACILITY: convenience store with 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 §334.50(a)(1)(A) and TWC, §26.3475(c)(1), by failing to provide a method, or combination of methods, of release detection which shall be capable of detecting a release from any portion of the UST system which contains regulated substances, including the tanks, piping, and other underground ancillary equipment; 30 TAC §334.50(b)(1)(A) and TWC, §26.3475(c)(1), by failing to monitor the UST system in a manner which will detect a release at a frequency of at least once every month (not to exceed 35 days between each monitoring); 30 TAC §334.50(b)(2)(A)(i)(III) and TWC, §26.3475(a), by failing to test the line leak detector at least once per year for performance and operation reliability; 30 TAC §334.50(b)(2)(A)(ii)(I) and TWC, §26.3475(a), by failing to test the piping at least once per year by means of a piping tightness test that is capable of detecting any release from the piping system of 0.1 gallons per hour when the piping pressure is 150% of normal operating pressure; 30 TAC §334.10(b) and TCEQ Agreed Order Docket Number 2005-1046-PST-E, Ordering Provision Number 2.b.i., by failing to provide adequate corrosion protection records and inventory control records; 30 TAC §334.8(c)(4)(B), by failing to renew the facility's delivery certificate by timely and proper submission of a new UST registration and self-certification form to the agency; 30 TAC §334.8(c)(5)(A)(i) and TWC, §26.3467(a), by failing to make available to a common carrier a valid, current TCEQ delivery certificate before accepting delivery of a regulated substance into the USTs at the facility; 30 TAC §334.8(c)(5)(C) and TCEQ Agreed Order Docket Number 2005-1046-PST-E, Ordering Provision Number 2.b.ii., by failing to ensure that a legible tag, label, or marking with the tank number was permanently applied upon or affixed to either the top of the fill tube or to a nonremovable point in the immediate area of the fill tube according to the UST registration and self-certification form; 30 TAC §334.7(d)(3), by failing to amend, update, or change information on the facility's UST registration; and 30 TAC §334.72(2), by failing to report to the commission, within 24 hours, unusual operating conditions of the UST system observed by owners or operators; PENALTY: $30,400; STAFF ATTORNEY: Patrick Jackson, Litigation Division, MC 175, (512) 239-6501; REGIONAL OFFICE: San Antonio Regional Office, 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(7) COMPANY: James Carter; DOCKET NUMBER: 2007-1596-PST-E; TCEQ ID NUMBER: RN103141180; LOCATION: on the southwest corner of Highway 77 and Dunaway Street, Italy, Ellis County, Texas; TYPE OF FACILITY: former gasoline service station; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, three USTs for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.7(d)(3), by failing to notify the TCEQ of any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition, as applicable; and 30 TAC §334.48(a), by failing to prevent an unauthorized discharge of motor oil; PENALTY: $11,550; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(8) COMPANY: Mohammed Sadiq Ali dba Dry Clean Super Station; DOCKET NUMBER: 2006-1333-DCL-E; TCEQ ID NUMBER: RN104160924; LOCATION: 680 North Denton Tap Road, Suite 100, Coppell, Dallas County, Texas; TYPE OF FACILITY: dry cleaning drop station; RULES VIOLATED: 30 TAC §337.10(a) and THSC, §374.102(a), by failing to complete and submit the required registration form to the TCEQ for a dry cleaning and/or drop station facility; PENALTY: $1,185; STAFF ATTORNEY: Mary Hammer, Litigation Division, MC 175, (512) 239-2496; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(9) COMPANY: Roberto Negrete dba Fina Mart No. 18; DOCKET NUMBER: 2004-0386-AIR-E; TCEQ ID NUMBER: RN103058566; LOCATION: 7710 South Loop 12, Dallas, Dallas County, Texas; TYPE OF FACILITY: official vehicle inspection station; RULES VIOLATED: 30 TAC §114.50(d)(2) and THSC, §382.085(b), by failing to comply with emissions certificate regulations by issuing a Safety/Emissions certificate without performing the emissions test; PENALTY: $1,250; STAFF ATTORNEY: Anna Cox, Litigation Division, MC 175, (512) 239-0974; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(10) COMPANY: Vicky Barnett dba Vicky's Playcare; DOCKET NUMBER: 2007-0803-PWS-E; TCEQ ID NUMBER: RN105027924; LOCATION: 205 County Road 4111, Cass County, Texas; TYPE OF FACILITY: day care center with public water supply (PWS); RULES VIOLATED: 30 TAC §290.41(c)(3)(N), by failing to provide a flow measuring device to measure production yields and provide for the accumulation of water production data; 30 TAC §290.42(b)(1), by failing to provide disinfection facilities for microbiological control and distribution protection; 30 TAC §290.42(1), by failing to compile and maintain a facility operations manual for operator review and reference; 30 TAC §290.43(d)(2), by failing to provide the pressure tank with a pressure release device and an easily readable gauge; 30 TAC §290.46(f)(2), by failing to provide water system records to commission personnel at the time of the investigation; 30 TAC §290.46(m)(1), by failing to conduct an annual inspection of the water system's pressure tank; 30 TAC §290.121(a) and (b), by failing to maintain an 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 PWS will use to comply with the monitoring requirements; 30 TAC §290.46(a) and THSC, §341.035(a), by failing to submit plans to the executive director for review and approval prior to the construction of a PWS; 30 TAC §290.46(e) and THSC, §341.033(a), by failing to ensure that the production, treatment, and distribution facilities at the PWS are under the direct supervision of a water works operator who holds an applicable and valid license; 30 TAC §290.45(d)(2)(A)(ii) and THSC, §341.0315(c), by failing to provide a minimum pressure tank capacity of 220 gallons, 30 TAC §290.46(r), by failing to operate the system to maintain a minimum pressure of 35 pounds per square inch throughout the distribution system under normal operating conditions; and 30 TAC §290.109(c)(2)(A)(i) and §290.122(c)(2)(B) and THSC, §341.033(d), by failing to perform routine monthly bacteriological sampling of the PWS during the months of August 2006, October 2006, December 2006, and January - August 2007 and by failing to provide notification of the failure to conduct monthly bacteriological sampling during the months of August 2006, October 2006, January - August 2007; PENALTY: $9,067; STAFF ATTORNEY: Ben Thompson, Litigation Division, MC 175, (512) 239-1297; REGIONAL OFFICE: Tyler Regional Office, 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(11) COMPANY: William Carl Bell dba Speedos; DOCKET NUMBER: 2006-1781-PST-E; TCEQ ID NUMBER: RN102042280; LOCATION: 1018 East United States Highway 175, Crandall, Kaufman County, Texas; TYPE OF FACILITY: property with four USTs; RULES VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, an existing UST system for which any applicable component of the system is not brought into timely compliance with the upgrade requirements; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration to the commission for any change or additional information regarding USTs within 30 days from the date of the occurrence of the change or addition; and 30 TAC §334.54(b) and (d)(2), by failing to ensure that any residue from stored regulated substances which remains in the temporarily out-of-service UST system did not exceed a depth of 2.5 centimeters at the deepest point and by failing to maintain all piping, pumps, manways, tank access points, and ancillary equipment in a capped, plugged, locked, and/or otherwise secured manner to prevent access, tampering, or vandalism by unauthorized persons; PENALTY: $22,050; STAFF ATTORNEY: Kari Gilbreth, Litigation Division, MC 175, (512) 239-1320; REGIONAL OFFICE: Dallas-Fort Worth Regional Office, 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200801151

Mary R. Risner

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 26, 2008

Notice of Water Quality Applications

The following notices were issued during the period of February 14, 2008 through February 26, 2008.

The following require the applicants to publish notice in a newspaper. Public comments, requests for public meetings, or requests for a contested case hearing may be submitted to the Office of the Chief Clerk, Mail Code 105, P.O. Box 13087, Austin, Texas 78711-3087, WITHIN 30 DAYS OF THE DATE OF NEWSPAPER PUBLICATION OF THE NOTICE.

INFORMATION SECTION

CALDWELL 405 LP has applied for a renewal of TPDES Permit No. WQ0014439001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 700,000 gallons per day. The facility will be located approximately 7,000 feet southwest of the intersection of State Highway 21 and Farm-to-Market Road 2720 in northwest Caldwell County, Texas.

CITY OF BORGER has applied for a renewal of TPDES Permit No. WQ0010535001, which 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 1302 West Third Street in the City of Borger in Hutchinson County, Texas.

CITY OF MERCEDES has applied for a major amendment to TPDES Permit No. WQ0010347001 to authorize an increase in the discharge of treated domestic wastewater from an annual average flow not to exceed 2,300,000 gallons per day to an annual average flow not to exceed 5,000,000 gallons per day. The facility is located at 1501 East Mile 8 North, on both sides of and adjacent to Mile 1/2 East Road immediately south of its intersection with North 8 Mile Road in Hidalgo County, Texas.

CITY OF PANORAMA VILLAGE has applied for a renewal of TPDES Permit No. WQ0011097001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 400,000 gallons per day. The draft permit also authorizes the disposal of treated domestic wastewater, via irrigation, at a daily average flow not to exceed 0.05 million gallons per day on 188 acres of Panorama Country Club Golf Course. The facility is located on the north side of League Line Road approximately 3/4 mile west of Interstate Highway 45 in Montgomery County, Texas.

FLAGSHIP EMERALD POINT LP has applied for a renewal of Permit No. WQ0013825001, which authorizes the disposal of treated domestic wastewater at a daily average flow not to exceed 10,000 gallons per day via low pressure dosed subsurface drainfield with a minimum area of 31,250 square feet. The wastewater treatment facility and disposal site are located at 5973 Hiline Road, on the west side of Hiline Road off of Hudson Bend Road approximately 1/4 mile north-northwest of the intersection of R.M. 620 and Hudson Bend Road in Travis County, Texas.

FORT BEND COUNTY MUNICIPAL UTILITY DISTRICT 151 has applied for a renewal of TPDES Permit No. WQ0014528001, 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 about 2 miles west and 1.1 miles south of the intersection of Interstate Highway 10 and Farm-to-Market Road 1463 in Fort Bend County, Texas.

FPLE FORNEY LP 13770 West U.S. Highway 80, Forney, Texas 75126, which operates the Forney Power Project, a combined cycle power generating plant, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to TPDES Permit No. WQ0004359000 to authorize an increase in the discharge of cooling tower blowdown and previously monitored effluent (PME) from a daily average flow not to exceed 4,000,000 gallons per day to 4,500,000 gallons per day via Outfall 001, and an increase in the total dissolved solids (TDS) effluent limitations from a daily average not to exceed 70,437 lb/day to 187,650 lb/day, and the daily maximum from 149,016 lb/day to 396,991 lb/day to allow the power plant to remain in operation under drought conditions in the area. The current permit authorizes the discharge of cooling tower blowdown and previously monitored effluent (PME) at a daily average flow not to exceed 4,000,000 gallons per day via Outfall 001, low volume waste including reverse osmosis (RO) reject water on a flow variable basis via Outfall 101, and low volume waste including Heat Recovery Stem Generator (HRSG) blowdown on a flow variable basis via Outfall 201. Due to recent drought conditions, the implications of water reuse projects in the area and the import of higher TDS waters into the basin, applicant requests a temporary variance to the water quality standards in order to allow TCEQ staff to reevaluate the current TDS, chloride, and sulfate criteria listed in Appendix A of the 2000 Texas Surface Water Quality Standards for the East Fork Trinity River, Lake Lavon, and Lake Ray Hubbard. TCEQ staff are currently evaluating water bodies in North Central Texas with regard to the impacts of water reuse and rerouting, and TCEQ staff recommend that this variance be granted in order to allow further consideration of this issue. If scientific evidence indicates revised criterias are warranted, these criteria will be proposed in the next revision of the Texas Surface Water Quality Standards. The variance would authorize a three-year period in which to conduct a water quality study of the East Trinity River into which the wastewater is discharged. The study would show whether a site-specific amendment to water quality standards is justified. Prior to the expiration of the three-year variance period, the Commission will consider the site-specific standards and determine whether to adopt the standards or require the existing water quality standards to remain in effect. This application was submitted to the TCEQ on May 21, 2007.

GREEN EARTH PROCESSING LLC which operates Gereke Chemicals, Inc. WWTP, has applied for a renewal of TPDES Permit No. WQ0003889000, which authorizes the discharge of storm water from process containment pads on an intermittent and flow-variable basis via Outfall 001; discharge of non-process area storm water on an intermittent and flow-variable basis via Outfall 002. The facility is located at 1050 Jefferson Road, approximately two miles north of the intersection of State Highway 225 and Bearle Street at the Houston Ship Channel/Buffalo Bayou Tidal terminus of Jefferson Road, in the City of Pasadena, Harris County, Texas.

MARHABA PARTNERS LIMITED PARTNERSHIP has applied for a new permit, proposed TPDES Permit No. WQ0014739001, to authorize the discharge of treated domestic wastewater at an annual average flow not to exceed 1,012,000 gallons per day. The facility will be located 3,750 feet east of the intersection of Interstate Highway 10 and Farm-to-Market Road 359 and 4,735 feet south of the Interstate Highway 10 adjacent to the east bank of Brookshire Creek in Waller County, Texas.

NORTHAMPTON MUNICIPAL UTILITY DISTRICT has applied for a major amendment to TPDES Permit No. WQ0010910001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 750,000 gallons per day to an annual average flow not to exceed 1,150,000 gallons per day and to remove effluent limitations and monitoring requirements for silver. The facility is located at 24235 Gosling Road, on the north bank of Willow Creek approximately 1,200 feet upstream of the Gosling Road crossing of the Willow Creek in Harris County, Texas.

SIENNA PLANTATION MUNICIPAL UTILITY DISTRICT No. 1 has applied for a major amendment to TPDES Permit No. WQ0014612001 to authorize an increase in the discharge of treated domestic wastewater from a daily average flow not to exceed 600,000 gallons per day to an annual average flow not to exceed 3,500,000 gallons per day. The facility is located approximately 500 feet south of Sienna Parkway, 465 feet east of Channel 2 and west of the pipeline easement in Fort Bend County, Texas.

SPRING OAKS MOBILE HOME PARK INC has applied for a renewal of TPDES Permit No. WQ0012650001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 25,000 gallons per day. The facility is located at 4330 Pin Oak Lane, on the north side of Spring-Steubner Road, approximately 2.5 miles west of the intersection of Interstate Highway 45 and Spring-Steubner Road in Harris County, Texas.

TEXAS AMERICAN WATER COMPANY has applied for a renewal of TPDES Permit No. WQ0010694001, 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 on the east side of Sellers Road, approximately 700 feet north of the intersection of Hollyvale and Sellers Road in Harris County, Texas.

THE CITY OF JEWETT has applied for a renewal of TPDES Permit No. WQ0011392001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 150,000 gallons per day. The facility is located at 925 North Sugar Street, approximately 500 feet southeast of Sugar Street, approximately 4,000 feet east of State Highway 79, on the east side of the City of Jewett in Leon County, Texas.

VOPAK RAILCAR HOCKLEY LLC which operates a railcar cleaning facility, has applied for a renewal of TPDES Permit No.WQ0003627000, which authorizes discharge of storm water on an intermittent and variable basis via Outfall 001. The facility is located at 17020 Premium Drive, within the City of Hockley, Harris County, Texas.

WOODLOCH MHP LLC has applied for a renewal of TPDES Permit No. WQ0011673001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 30,000 gallons per day. The facility is located approximately 0.75 miles south-southeast of the intersection of Hardy Road and Aldine Mail Road and approximately 1 mile north of the intersection of Hardy Road and Hopper Road in Harris County, Texas.

If you need more information about these permit applications or the permitting process, please call the TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. General information about the TCEQ can be found at our web site at www.tceq.state.tx.us. Si desea información en Español, puede llamar al 1-800-687-4040.

TRD-200801164

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 27, 2008

Notice of Water Rights Application

Notice issued February 8, 2008

REVISED APPLICATION NO. 12213; CB&I Constructors, Inc., Applicant, 3752 South Gulfway Drive, P.O. Box 440, Sabine Pass, TX 77655, has applied for a temporary water use permit to divert and use not to exceed 420 acre-feet of water from the Port Arthur Ship Canal, Neches-Trinity Coastal Basin, within a period of two years and nine months for industrial purposes in Jefferson County. More information on the application and how to participate in the permitting process is given below. Notice of this application was mailed to the downstream water right holders of record in the Neches-Trinity Coastal Basin on October 24, 2007. The comment period ended on November 13, 2007. On January 2, 2008, the applicant amended their application to increase the requested diversion rate to 15.37 cfs (6,900 gpm). As a result of the change in the application, the revised notice will be mailed to the downstream water right holders of record in the Neches-Trinity Coastal Basin. The application and fees were received on May 30, 2007, and additional information and fees were received on August 6, 2007, August 17, 2007, and January 2, 2008. The application was declared administratively complete and filed with the Office of the Chief Clerk on August 30, 2007. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, by February 29, 2008.

INFORMATION SECTION

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

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

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

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

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

TRD-200801165

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 27, 2008

Texas Facilities Commission

Request for Proposals #303-8-11159

The Texas Facilities Commission (TFC), on behalf of the Department of Family and Protective Services (DFPS), announces the issuance of Request for Proposals (RFP) #303-8-11159. TFC seeks a 10 year lease of approximately 12,230 square feet of office space in Northeast Tarrant County, Texas.

The deadline for questions is March 14, 2008 and the deadline for proposals is March 21, 2008 at 3:00 p.m. The award date is April 18, 2008. TFC reserves the right to accept or reject any or all proposals submitted. TFC is under no legal or other obligation to execute a lease on the basis of this notice or the distribution of a RFP. Neither this notice nor the RFP commits TFC to pay for any costs incurred prior to the award of a grant.

Parties interested in submitting a proposal may obtain information by contacting TFC Purchaser Sandy Williams at (512) 475-0453. A copy of the RFP may be downloaded from the Electronic State Business Daily at http://esbd.cpa.state.tx.us/bid_show.cfm?bidid=75343.

TRD-200801159

Kay Molina

General Counsel

Texas Facilities Commission

Filed: February 27, 2008

Texas Health and Human Services Commission

Public Notice

The Texas Health and Human Services Commission announces its intent to submit Amendment 800, Transmittal Number TX 07-041, to the Texas State Plan for Medical Assistance, under Title XIX of the Social Security Act. The proposed amendment is effective April 1, 2008.

The proposed amendment is an administrative reorganization of three previously approved State Plan Amendments into one.

1) Durable Medical Equipment, Prosthetics, Orthotics and Supplies (DMEPOS) would be removed from Home Health in the State Plan;

2) Hearing devices would be separated from Hearing Services;

3) Vision devices would be separated from Vision Services.

DMEPOS, hearing devices, and vision devices would be merged into one new State Plan amendment.

In addition, the amendment limits payment amounts for these services to equal or less than the Medicare allowance as directed by the Federal OIG.

This proposed amendment has no fiscal impact.

To obtain copies of the proposed amendment or to submit written comments, interested parties may contact Jim Hollinger, Rate Analyst, Rate Analysis Department, by mail at the Texas Health and Human Services Commission, P.O. Box 85200, H-400, Austin, Texas 78708-5200; by telephone at (512) 491-1175; by facsimile at (512) 491-1998; or by e-mail at james.hollinger@hhsc.state.tx.us. Copies of the proposal will also be made available for public review at the local offices of the Texas Department of Aging and Disability Services.

TRD-200801163

Steve Aragón

Chief Counsel

Texas Health and Human Services Commission

Filed: February 27, 2008

Texas Department of Insurance

Company Licensing

Application to change the name of ELDER HEALTH TEXAS, INC. D/B/A BRAVO HEALTH TEXAS, INC. to BRAVO HEALTH TEXAS, INC. a domestic health maintenance organization. The home office is in San Antonio, Texas.

Application to change the name of GERLING AMERICA INSURANCE COMPANY to HDI-GERLING AMERICA INSURANCE COMPANY, a foreign fire and/or casualty company. The home office is in Chicago, Illinois.

Any objections must be filed with the Texas Department of Insurance, within 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-200801169

Gene C. Jarmon

Chief Clerk and General Counsel

Texas Department of Insurance

Filed: February 27, 2008

Texas Lottery Commission

Instant Game Number 1034 "Winning in 3's"

1.0 Name and Style of Game.

A. The name of Instant Game No. 1034 is "WINNING IN 3'S". The play style for GAME 1 is "key number match with tripler". The play style for GAME 2 is "match 3 of 9 with tripler". The play style for GAME 3 is "match 3 of 6 with tripler".

1.1 Price of Instant Ticket.

A. Tickets for Instant Game No. 1034 shall be $3.00 per ticket.

1.2 Definitions in Instant Game No. 1034.

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, 4, 5, 6, 7, 8, 9, 3X SYMBOL, $3.00, $4.00, $5.00, $10.00, $20.00, $50.00, $100, $1,000, $3,000, $33,333, STACK OF COINS SYMBOL, DOLLAR BILL SYMBOL, PIGGY BANK SYMBOL, HORSESHOE SYMBOL, POT OF GOLD SYMBOL, CLOVER SYMBOL, GOLD BAR SYMBOL, MONEY BAG SYMBOL, and the GOLD NUGGET SYMBOL.

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

Figure 1: 16 TAC GAME NO. 1034 - 1.2D

E. Retailer Validation Code - Three (3) letters found under the removable scratch-off covering in the play area, which retailers use to verify and validate instant winners. These three (3) small letters are for validation purposes and cannot be used to play the game. The possible validation codes are:

Figure 2: 16 TAC GAME NO. 1034 - 1.2E

Low-tier winning tickets use the required codes listed in Figure 2. Non-winning tickets and high-tier tickets use a non-required combination of the required codes listed in Figure 2 with the exception of ∅, which will only appear on low-tier winners and will always have a slash through it.

F. 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.

G. Low-Tier Prize - A prize of $3.00, $4.00, $7.00, $9.00, $10.00, $15.00 or $20.00.

H. Mid-Tier Prize - A prize of $50.00 or $100.

I. High-Tier Prize - A prize of $1,000, $3,000 or $33,333.

J. 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.

K. Pack-Ticket Number - A 14 (fourteen) digit number consisting of the four (4) digit game number (1034), a seven (7) digit pack number, and a three (3) digit ticket number. Ticket numbers start with 001 and end with 125 within each pack. The format will be: 1034-0000001-001.

L. Pack - A pack of "WINNING IN 3'S" Instant Game tickets contains 125 tickets, packed in plastic shrink-wrapping and fanfolded in pages of one (1). There will be 2 fanfold configurations for this game. Configuration A will show the front of ticket 001 and the back of ticket 125. Configuration B will show the back of ticket 001 and the front of ticket 125.

M. 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.

N. Ticket or Instant Game Ticket, or Instant Ticket - A Texas Lottery "WINNING IN 3'S" Instant Game No. 1034 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 "WINNING IN 3'S" Instant Game is determined once the latex on the ticket is scratched off to expose 27 (twenty-seven) Play Symbols. In GAME 1, if a player matches any of YOUR NUMBERS play symbols to the WINNING NUMBER play symbol, the player wins PRIZE shown for that number. If a player reveals a "3X" play symbol, the player wins TRIPLE the PRIZE shown. In GAME 2, if a player reveals 3 matching symbols, the player wins PRIZE shown. If a player reveals 2 matching symbols and a "3X" play symbol, the player wins TRIPLE the PRIZE shown. In GAME 3, if a player reveals 3 matching amounts, the player wins that amount. If a player reveals 2 matching amounts and a "3X" play symbol, the player wins TRIPLE that amount. "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 27 (twenty-seven) 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 27 (twenty-seven) 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 27 (twenty-seven) Play Symbols must be exactly one of those described in Section 1.2.C of these Game Procedures.

17. Each of the 27 (twenty-seven) Play Symbols on the ticket must be printed in the Symbol font and must correspond precisely to the artwork on file at the Texas Lottery; the ticket Serial Numbers must be printed in the Serial font and must correspond precisely to the artwork on file at the Texas Lottery; and the Pack-Ticket Number must be printed in the Pack-Ticket Number font and must correspond precisely to the artwork on file at the Texas Lottery;

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

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

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

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

2.2 Programmed Game Parameters.

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

B. The "3X" (tripler) play symbol will only appear on intended winning tickets as dictated by the prize structure.

C. Although not all prize symbols can be won in each game, they may appear in all possible prize locations as a non-winning symbol.

D. GAME 1. No duplicate non-winning YOUR NUMBERS play symbols.

E. GAME 1. No duplicate non-winning prize symbols.

F. GAME 1: There will be no correlation between the YOUR NUMBERS play symbols and the PRIZE symbols on a ticket.

G. GAME 2: No four or more matching play symbols.

H. GAME 2: No 3 or more matching play symbols when the "3X" (tripler) play symbol appears in the game.

I. GAME 2: No 2 or more pairs of matching play symbols when the "3X" (tripler) play symbol appears in the game.

J. GAME 2: No three or more pairs of matching play symbols.

K. GAME 3: No 4 or more matching amounts.

L. GAME 3: No 3 or more matching play symbols when the "3X" (tripler) play symbol appears in the game.

M. GAME 3: No 2 or more pairs of matching play symbols when the "3X" (tripler) play symbol appears in the game.

N. GAME 3: No three or more pairs of matching play symbols.

2.3 Procedure for Claiming Prizes.

A. To claim a "WINNING IN 3'S" Instant Game prize of $3.00, $4.00, $7.00, $9.00, $10.00, $15.00, $20.00, $50.00 or $100, a claimant shall sign the back of the ticket in the space designated on the ticket and present the winning ticket to any Texas Lottery Retailer. The Texas Lottery Retailer shall verify the claim and, if valid, and upon presentation of proper identification, if appropriate, make payment of the amount due the claimant and physically void the ticket; provided that the Texas Lottery Retailer may, but is not required to pay a $50.00 or $100 ticket. In the event the Texas Lottery Retailer cannot verify the claim, the Texas Lottery Retailer shall provide the claimant with a claim form and instruct the claimant on how to file a claim with the Texas Lottery. If the claim is validated by the Texas Lottery, a check shall be forwarded to the claimant in the amount due. In the event the claim is not validated, the claim shall be denied and the claimant shall be notified promptly. A claimant may also claim any of the above prizes under the procedure described in Section 2.3.B and Section 2.3.C of these Game Procedures.

B. To claim a "WINNING IN 3'S" Instant Game prize of $1,000, $3,000 or $33,333, 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 "WINNING IN 3'S" 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.

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 "WINNING IN 3'S" 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 "WINNING IN 3'S" Instant Game, the Texas Lottery shall deposit the amount of the prize in a custodial bank account, with an adult member of the minor's family or the minor's guardian serving as custodian for the minor.

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

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

3.0 Instant Ticket Ownership.

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

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

4.0 Number and Value of Instant Prizes. There will be approximately 5,040,000 tickets in the Instant Game No. 1034. The approximate number and value of prizes in the game are as follows:

Figure 3: 16 TAC GAME NO. 1034 - 4.0

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

5.0 End of the Instant Game. The Executive Director may, at any time, announce a closing date (end date) for the Instant Game No. 1034 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. 1034, 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-200801170

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 27, 2008

Notice of Public Hearing

A public hearing to receive public comments regarding the proposed new 16 TAC §402.210, relating to House Rules will be held on Thursday, March 20, 2008, at 10:00 a.m. at the Texas Lottery Commission, Commission Auditorium, First Floor, 611 E. Sixth Street, Austin, Texas 78701. Persons requiring any accommodation for a disability should notify Michelle Guerrero, Executive Assistant to the General Counsel, Texas Lottery Commission at (512) 344-5113 at least 72 hours prior to the public hearing.

TRD-200801071

Kimberly L. Kiplin

General Counsel

Texas Lottery Commission

Filed: February 22, 2008

Public Utility Commission of Texas

Notice of Application for Amendment to Service Provider Certificate of Operating Authority

On February 20, 2008, Telrite Corporation 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 60737. Applicant intends to reflect a change in type of provider to facilities-based and resale telecommunications services.

The Application: Application of Telrite Corporation for an Amendment to its Service Provider Certificate of Operating Authority, Docket Number 35390.

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 March 12, 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 35390.

TRD-200801097

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2008

Notice of Application for an Amendment to a State-Issued Certificate of Franchise Authority

The Public Utility Commission of Texas received an application on February 13, 2008, for an amendment to a state-issued certificate of franchise authority (CFA), pursuant to §§66.001 - 66.016 of the Public Utility Regulatory Act (PURA).

Project Title and Number: Application of Grande Communications Networks, Inc. to Amend a State-Issued Certificate of Franchise Authority, Project Number 35366 before the Public Utility Commission of Texas.

The requested amended CFA service area includes the Wimberley Apartments located at 4141 Horizon North Parkway, Dallas, TX 75287, consisting of a 29 acre, developed rectangular lot at the extreme northernmost location in the City of Dallas as shown highlighted in orange on the map attached to the application, bounded on the north by the KCS Railroad tracks, bounded on the south by Horizon North Parkway, and bounded on the west by Midway Road.

Information on the application may be obtained by contacting the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All inquiries should reference Project Number 35366.

TRD-200801066

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2008

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 19, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Voicepaq Prepaid, LLC for a Service Provider Certificate of Operating Authority, Docket Number 35385 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service and long distance services.

Applicant's requested SPCOA geographic area includes the area of Texas served by Southwestern Bell Telephone Company d/b/a AT&T Texas, and Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than March 12, 2008. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or toll free at 1-800-735-2989. All comments should reference Docket Number 35385.

TRD-200801064

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2008

Notice of Application for Service Provider Certificate of Operating Authority

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) of an application on February 20, 2008, for a service provider certificate of operating authority (SPCOA), pursuant to §§54.151 - 54.156 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of New Horizons Communications Corp. d/b/a NHC Corporation for a Service Provider Certificate of Operating Authority, Docket Number 35391 before the Public Utility Commission of Texas.

Applicant intends to provide plain old telephone service, ADSL, ISDN, HDSL, SDSL, RADSL, VDSL, Optical Services, T1-Private Line, Switch 56 KBPS, Frame Relay, Fractional T1, long distance, and wireless service.

Applicant's requested SPCOA geographic area includes the entire State of Texas.

TRD-200801098

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 22, 2008

Notice of Application to Relinquish a Service Provider Certificate of Operating Authority

On February 19, 2008, USCom Telephone, Inc. filed an application with the Public Utility Commission of Texas (commission) to relinquish its service provider certificate of operating authority (SPCOA) granted in SPCOA Certificate Number 60244. Applicant intends to relinquish its certificate.

The Application: Application of USCom Telephone, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 35383.

TRD-200801063

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 21, 2008

Public Notice of Workshop - Rulemaking Relating to Net Metering and Interconnection of Distributed Renewable Generation

The staff of the Public Utility Commission of Texas (commission) will hold a workshop to hear comments from market participants on strawman language, on Tuesday, March 18, 2008, at 9:00 a.m. in the Commissioners' Hearing Room, located on the 7th floor of the William B. Travis Building, 1701 North Congress Avenue, Austin, Texas 78701. Project Number 34890, PUC Rulemaking Relating to Net Metering and Interconnection of Distributed Generation has been established for this proceeding. In this workshop, commission staff seeks input from market participants in preparation for proposed rulemaking in this project. This notice is not a formal notice of proposed rulemaking, however, the parties' responses to the questions and comments at the workshop will assist the commission in developing a commission policy or determining the necessity for a related rulemaking.

The commission requests that persons wishing to make presentations at the workshop register by phone with David Smithson at (512) 936-7156 or by e-mail at david.smithson@puc.state.tx.us.

Questions concerning the workshop or this notice should be referred to David Smithson at (512) 936-7156. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136.

TRD-200801142

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 26, 2008

Request for Proposals for a Study Regarding Cost Effective Energy Efficiency in Texas

The Public Utility Commission of Texas (PUCT) is issuing a Request for Proposals (RFP) for a study regarding energy efficiency in Texas. The contract awardee will study the potential for cost-effective energy efficiency in Texas and provide a report of its findings, with recommendations for changes in existing energy efficiency programs. The Statement of Work (available on http://www.puc.state.tx.us/about/procurement/currentrfps.cfm) included in the proposal contains detailed information concerning the requirements for the study. The closing date and time for receipt of proposals is 5:00 p.m. on Tuesday, March 25, 2008.

The PUCT administers an energy efficiency program under Public Utility Regulatory Act (PURA) §39.905 designed to improve utility customers' energy use and meet a statutory goal for energy efficiency. This program is operated by the electric utilities and funded through rates. Legislation was enacted in 2007 amending PURA §39.905 to modify the energy efficiency program in several respects, including increasing the savings goals to 15% of each electric utility's annual growth in demand in 2008 and 20% of each electric utility's annual growth in demand in 2009. The 2007 legislation directed the PUCT to conduct a study of the potential for cost-effective energy efficiency in Texas; specific objectives of this study were to determine whether the existing goals for the energy efficiency program could be raised to 30% of each electric utility's annual growth in demand by 2010 and 50% of growth in demand by 2015.

The study shall evaluate the potential for cost-effective energy efficiency in Texas. Generally, the study shall provide information on the technical, economic, and achievable potential, and natural occurrence of energy efficiency in the service areas of investor-owned utilities in Texas (in kilowatts and kilowatt hours) and estimates of achievable savings. Based on the findings concerning the potential for energy efficiency and its costs, the study shall provide policy recommendations on issues related to funding energy efficiency programs. Based on the findings concerning the potential for energy efficiency and its costs, the PUCT may request that the Contractor quantify the reductions in air emissions from electric generating plants that would result from the implementation of some of the energy efficiency programs administered by the PUCT for the period 2009 - 2014. Based on the findings concerning the potential for energy efficiency and its costs, the PUCT may request that the Contractor share the results of its study with a third party that would quantify the reductions in air emissions from electric generating plants that would result from the implementation of some of the energy efficiency programs administered by the PUCT for the period 2009 - 2014.

RFP documentation may be obtained by contacting Cindy Wilson, Purchaser, cindy.wilson@puc.state.tx.us, Public Utility Commission of Texas, P.O. Box 13326, Austin, TX 78711-3326, (512) 936-7069.

RFP documentation also is located on the PUCT website at http://www.puc.state.tx.us/about/procurement/currentrfps.cfm.

TRD-200801141

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 26, 2008

The Texas A&M University System

Notice of Sale of Oil, Gas and Sulphur Lease

The Board of Regents of The Texas A&M University System, pursuant to provisions of V.T.C.A., Education Code, Chapter 85, as amended, and subject to all policies and regulations promulgated by the Board of Regents, offers for sale at public auction in Suite 2079, System Real Estate Office, The Texas A&M University System, A&M System Building, 200 Technology Way, College Station, Texas, at 10:00 a.m., Wednesday, April 2, 2008, an oil, gas and sulphur lease on the following described land in Victoria County, Texas. The property offered for lease contains 205.03 mineral acres, more or less, and more particularly described as follows:

205.03 acres of land, more or less out of the T&NO RR Co. Survey, Section No. 5, Block No. 3, Abstract No. 357, Patent No. 575, Volume 26, dated January 17, 1878 and out of the Day Land & Cattle Co. Survey, Abstract No. 509, Patent No. 160, Volume 8, dated September 12, 1894 Victoria County, Texas, said 205.03 acres also being parts of Farm Lots 99, 100, 102, 103, 121 and 194 of W. A. Woods Subdivision as shown by plat of record in Volume 35, Page 1, Deed Records of Victoria County, Texas.

The minimum lease terms, which apply to this tract, are as follows:

(1) Bonus: Market rate, but in no event will it be less than $250 per net mineral acre

(2) Royalty: 25%

(3) Primary term: Three (3) years

(4) Net Mineral Acres: 205.03 (More or Less)

Highest bidder shall pay to the Board of Regents on the day of the sale 25% of the bonus bid, and the balance of the bid shall be paid to the Board within twenty-four (24) hours after notification that the bid has been accepted. All payments shall be by cash, certified check or cashier's check as the Board may direct. Failure to pay the balance of the amount bid will result in forfeiture to the Board of the 25% paid. The Board of Regents of The Texas A&M University System RESERVES THE RIGHT TO REJECT ANY AND ALL BIDS . The successful bidder will be required to pay all advertising expenses and administrative costs.

Further inquiries concerning oil, gas and sulphur leases on System land should be directed to:

Melody Meyer

System Real Estate Office

The Texas A&M University System

200 Technology Way, Suite 2079

College Station, Texas 77845-3424

Telephone: (979) 458-6350

TRD-200801067

Vickie Burt Spillers

Executive Secetary to the Board

The Texas A&M University System

Filed: February 22, 2008

Texas Department of Transportation

Cancellation of SH 122 Environmental Impact Statement

In the September 13, 2002, issue of the Texas Register (27 TexReg 8824) the department issued a Notice of Intent--SH 122 Segment B EIS notifying the public that an Environmental Impact Statement (EIS) would be prepared for the proposed construction of SH 122 (Fort Bend Parkway) from SH 6 to SH 99 in Fort Bend County. The project is now cancelled; therefore, no further project activities will occur.

Agency Contact: Comments or concerns regarding this action should be sent to Dianna F. Noble, P.E., Texas Department of Transportation, Environmental Affairs Division, 125 East 11th Street, Austin, Texas 78701, telephone (512) 416-2734.

TRD-200801144

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 26, 2008

Public Notice - Aviation

Pursuant to Transportation Code, §21.111, and 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-200801143

Joanne Wright

Deputy General Counsel

Texas Department of Transportation

Filed: February 26, 2008

The University of Texas System

Invitation for Consultants to Provide Offers of Consulting Services

Invitation No. RTT20080325

The University of Texas System (University) and Texas A&M University System (TAMUS) strongly support advancing Texas' ability to research, develop, and commercialize nanotechnology. University and TAMUS are working together to advance and target nanotechnology research areas including nanoelectronics, nanomaterials, nanostructures, and nanomedicine. University and TAMUS are beginning exploratory work to evaluate the feasibility of creating the Texas Alliance for Nanotechnology (TxAN), a new State of Texas university-industry laboratory for nanotechnology research and development. The key objective of the TxAN concept is to link leading Texas nanotech research laboratories, superior talent, and nano-fabrication facilities into a powerful research and development and commercialization network. TxAN goals may include:

* An upgrade of the nanotechnology-related infrastructure and equipment available to Texas researchers to state-of-the-art status

* Shared access to facilities among universities, large and small companies, and consortia

* Improved proof-of-concept and prototyping capabilities for commercialization of early stage intellectual property (IP)

* Streamlined IP and equipment access policies among participants

* Increased opportunities for university students and researchers to engage with industry

* Comprehensive nanotechnology workforce training

* Increased collaboration with federal agency labs to attract more federal funds to Texas

University and TAMUS Boards of Regents passed resolutions forming a Coordinating Committee (Committee) comprised of four University appointees and four TAMUS appointees. In order to evaluate the feasibility of developing a state laboratory in the area of nanotechnology, it will be necessary for University to hire a consultant to perform the scope of work described in this invitation (Invitation). As required by the provisions of Texas Government Code, Chapter 2254, prior to awarding a contract for consulting services, University extends this Invitation to qualified and experienced consultants interested in providing the consulting services described in this Invitation to University.

Scope of Work:

The successful consultant will perform the following services for Committee:

(1) Provide project management to assist the Committee with preparation of a development plan (Plan) to establish a state nanotechnology laboratory (including but not limited to details such as research area, necessary equipment and facilities, potential funding sources, initiatives in other states and those that are on-going in the State of Texas, and prospective university and industry participants). This activity could include preparation of background information and documentation for Committee.

(2) When appropriate for implementation of the Plan, develop and administer timelines for development of the Plan and provide supporting activities such as development of working documents including but not limited to proposed Letters of Intent (LOI), Requests for Information (RFI) and Requests for Proposal (RFP), as directed by Committee.

(3) Develop consensus among multiple stakeholders at the state, regional and federal levels regarding need for a State of Texas university-industry nanotechnology lab.

(4) Work to bring external expert perspective, as directed by Committee.

(5) Interface with federal and state government, private industry, and proposing communities, as directed by Committee.

(6) Provide expert advice and assist the Committee with the evaluation of the costs and benefits of the TxAN concept developed by the Committee and the costs and benefits of preparing and executing a Request for Proposal for government and industry partners in the TxAN initiative.

(7) Provide expert advice with regard to potential economic development comparables and the impact of TxAN on communities.

(8) Other tasks relevant to the effort as directed by Committee from time to time.

(9) This effort does not include basic administrative support for scheduling individuals, general meeting support, or recording of minutes which will be provided by Committee.

Specifications:

Any consultant submitting an offer in response to this Invitation must provide the following:

(1) 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 (5) client references, including any complex institutions or systems of higher education for which consultant has provided consulting services;

(7) a statement of consultant's approach to the project (i.e., the services described in the Scope of Work section of this Invitation), any unique benefits consultant offers University, and any other information consultant desires University to consider in connection with consultant's offer;

(8) information to assist University in assessing consultant's demonstrated competence and experience providing consulting services similar to the services requested in this Invitation;

(9) information to assist University in assessing the consultant's knowledge of the nanotechnology field;

(10) information to assist University in assessing the consultant's awareness of emerging issues in nanotechnology and our State's competitiveness in this field;

(11) information to assist University in assessing the consultant's experience performing the requested services for other complex institutions or systems of higher education;

(12) information to assist University in assessing whether the consultant will be impartial in the performance of the requested services;

(13) information to assist University in assessing whether the consultant will have any conflicts of interest in performing the requested services;

(14) information to assist University in assessing the overall cost to University for the requested services to be performed;

(15) information regarding any prompt payment discount offered by consultant (University's standard payment terms for services are "Net 30 days.");

(16) information to assist University in assessing consultant's capability and financial resources to perform the requested services;

(17) information to assist University in assessing consultant's communication skills using all relevant media; and

(18) a signed original of the Execution of Offer posted at: http://esbd.cpa.state.tx.us/.

Selection Process:

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 sealed proposal process described in this section. After opening of the offers and upon completion of the initial review and evaluation of the offers, University may invite one or more selected consultants to participate in oral presentations. University will use commercially reasonable efforts to avoid public disclosure of the contents of an offer prior to selection of the Successful Offer.

University may make the selection of the Successful Offer on the basis of the offers initially submitted, without discussion, clarification or modification. In the alternative, University may make the selection of the Successful Offer on the basis of negotiation with any of the consultants. In conducting such negotiations, University will avoid disclosing the contents of competing offers.

At University's sole option and discretion, University may discuss and negotiate all elements of the offers submitted by selected consultants within a specified competitive range. For purposes of negotiation, University may establish, after an initial review of the offers, a competitive range of acceptable or potentially acceptable offers composed of the highest rated offer(s). In that event, University will defer further action on offers not included within the competitive range pending the selection of the Successful Offer; provided, however, University reserves the right to include additional offers in the competitive range if deemed to be in the best interests of University.

After submission of an offer but before final selection of the Successful Offer is made, University may permit a consultant to revise its offer in order to obtain the consultant's best and final offer. In that event, representations made by consultant in its revised offer, including price and fee quotes, will be binding on consultant. University will provide each consultant within the competitive range with an equal opportunity for discussion and revision of its offer. University is not obligated to select the consultant offering the most attractive economic terms if that consultant is not the most advantageous to University overall, as determined by University.

University reserves the right to (a) enter into a contract for all or any portion of the requirements and specifications 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 selection process, if deemed to be in the best interests of University. Consultant is hereby notified that University will maintain in its files concerning this Invitation a written record of the basis upon which a selection, if any, is made by University. University reserves the right to accept or reject any or all offers, waive any formalities, procedural requirements, or minor technical inconsistencies, and delete any requirement or specification from this Invitation when deemed to be in University's best interest.

Criteria for Selection:

The successful offer (Successful Offer), if any, will be the offer submitted in response to this Invitation by the Submittal Deadline that is the most advantageous to University. The criteria to be considered by University in evaluating offers will be those factors listed below: 1. the consultant's demonstrated competence, knowledge, and qualifications; and 2. the reasonableness of the consultant's fee.

In accordance with §2254.027, Texas Government Code , if other considerations are equal, University will give preference to a consultant whose principal place of business is in the State of Texas or who will manage the contract wholly from an office in the State of Texas. Offers will be evaluated by University personnel and Committee. The selection of the Successful Offer, if any, will be based on the information provided by consultant in its offer. University may give consideration to any additional information if University deems such information relevant. The consultant submitting the Successful Offer will be required to enter into a contract acceptable to University.

Consultant's Acceptance of Offer Evaluation Methodology:

Submission of an offer by a consultant indicates: (1) consultant's acceptance of (a) the Selection Process, (b) the Criteria for Selection, and (c) all other requirements and specifications set forth in this Invitation; and (2) consultant's recognition that some subjective judgments must be made by University during this Invitation process.

Public Information:

Consultant is hereby notified that University strictly adheres to all statutes, court decisions and the opinions of the Texas Attorney General with respect to disclosure of public information. University may seek to protect from disclosure all information submitted in response to this Invitation until such time as a final contract is executed. Upon execution of a final contract, University will consider all information, documentation, and other materials requested to be submitted in response to this Invitation, to be of a non-confidential and non-proprietary nature and, therefore, subject to public disclosure under the Texas Public Information Act (Texas Government Code , §552.001, et seq.). Consultant will be advised of a request for public information that implicates their materials and will have the opportunity to raise any objections to disclosure to the Texas Attorney General. Certain information may be protected from release under §§552.101, 552.110, 552.113, and 552.131, Texas Government Code.

How To Respond; Submittal Deadline:

To respond to this Invitation, consultants must submit the information requested in the Specifications section of this Invitation and any other relevant information, in a clear and concise written format to: Ms. Jennifer C. Murphy, Director of Accounting & Purchasing Services, The University of Texas System, 702 Colorado Street, Suite 3.120, Austin, Texas 78701. Offers must be submitted in an envelope or other appropriate container. "Invitation No. RTT20080325" and the Submittal Deadline must be clearly shown in the lower left-hand corner on the top surface of such envelope or container. In addition, the name and return address of the consultant must be clearly visible.

All offers must be received at the above address no later than 5:00 p.m., March 25, 2008 (Submittal Deadline). Submissions received after the Submittal Deadline will not be considered.

Questions:

Questions concerning this Invitation should be directed to Ms. Jennifer C. Murphy, Director of Accounting & Purchasing Services, The University of Texas System, 702 Colorado Street, Suite 3.120, Austin, Texas 78701, email: jennifer.murphy@utsystem.edu. University may in its sole discretion respond in writing to questions concerning this Invitation. Only University's responses made by formal written addenda to this Invitation will be binding. Verbal and other written interpretations or clarifications will be without legal effect.

TRD-200801155

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: February 27, 2008

Notice After Entering Into Major Consulting Services Contract

The University of Texas System ("University"), in accordance with the provisions of Texas Government Code, Chapter 2254, entered into a contract for consulting services (the "Contract") with Mercer (US) Inc., formerly known as Mercer Human Resource Consulting, Inc., a Delaware Corporation ("Consultant") as more particularly described in the Invitation for Offer No. 109b.252, Consultation Services. The University of Texas System published the Invitation in the January 18, 2008, issue of the Texas Register (33 TexReg 633).

Project Description:

In accordance with the Invitation and Consultant's response thereto, Consultant shall provide University with an assessment of the competitiveness of the compensation currently provided to its police force.

Name and Address of Consultant:

Mercer (US) Inc.

10 South Wacker Drive, Suite 1600

Chicago, IL 60606

USA

Total Value of the Contract:

The contract stipulates payment of $18,000 for the first 9 positions analyzed and $750 for each additional position studied. Total fees paid for the Scope of Work shall not exceed $25,000 unless agreed in writing by University.

Contract Dates:

The contract was effective February 20, 2008 and the last day of the contract is March 31, 2008.

Due Dates for Contract Products:

The Contract terminates on March 31, 2008. A comprehensive report detailing the findings and recommendations, as well as supporting data will be given to University upon completion.

The individual to be contacted regarding this Consultant Contract is:

Gary Gwaltney, Manager of Compensation and Employment

The University of Texas System, 702 Colorado Street, Suite 2.100

Austin, Texas 78701

Phone: (512) 499-4487

Email: ggwaltney@utsystem.edu

TRD-200801140

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: February 26, 2008

Notice of an Amendment to an Existing Consulting Contract

Pursuant to Texas Government Code, §2254.030, The University of Texas System ("University") hereby provides notice of an amendment to an existing consultant contract with Strategic Management Systems, Inc., a Virginia Corporation ("Consultant").

Name and Address of Consultant:

Strategic Management Systems, Inc., 5911 Kingstowne Village Parkway, Suite 210 Alexandria, Virginia 22315

The University entered into a contract for consulting services with Strategic Management Systems, Inc. ("Consultant") as more particularly described in the invitation to consultants to provide offers of consulting services (the "Invitation"), published in the December 1, 2006, issue of the Texas Register (31 TexReg 9769).

Notification of the award of the Consultant Contract was published in the March 23, 2007, issue of Texas Register (32 TexReg 1804).

Notice of Intent to Amend the Consulting Services Contract was published in the November 16, 2007, issue of Texas Register (32 TexReg 8376).

Project Description:

In accordance with the Invitation and Contractor's response thereto, the Contractor agreed to conduct an evaluation of the compliance function at each U.T. System institution.

Total Value of the Contract: $775,000

Contract Dates: The Contract was executed by Consultant on February 27, 2007 and by University on March 6, 2007, and dated effective February 26, 2007.

Due Dates for Contract Products:

Each evaluation shall be concluded 90 days after initiation of the review.

The term of the Contract shall terminate on December 31, 2010.

On February 13, 2008, The University and Contractor agreed to amend the terms of the original agreement of February 26, 2007:

Questions concerning this amendment should be directed to Dr. Scott C. Kelley, Executive Vice Chancellor for Business Affairs, The University of Texas System, Austin, Texas 78701, (512) 499-4560; skelley@utsystem.edu.

TRD-200801099

Francie A. Frederick

General Counsel to the Board of Regents

The University of Texas System

Filed: Febraury 25, 2008

Texas Water Development Board

Applications Received

Pursuant to the Texas Water Code, §6.195, the Texas Water Development Board provides notice of the following applications received by the Board:

Sandy Land Underground Water Conservation District, 1012 Avenue F, P.O. Box 130, Plains, Texas 79355, received 01/09/08, application for financial assistance in the amount of $500,000 from the Agricultural Water Conservation Program.

City of Rollingwood, 403 Nixon Drive, Rollingwood, Texas 78746, received 12/21/07, application for financial assistance in the amount of $2,350,000 from the Drinking Water State Revolving Fund.

City of Fort Worth, 1000 Throckmorton, Ft. Worth, Texas 76102, received 01/09/08, application for financial assistance in the amount of $64,930,000 from the Drinking Water State Revolving Fund.

City of Coleman, 200 W. Live Oak, P.O. Box 592, Coleman, Texas 76834, received 1/2/08, application for financial assistance in the amount of $5,910,000 from the Drinking Water State Revolving Fund.

Gause Water Supply Corporation, P.O. Box 150, Cameron, Texas 76520, received 1/10/08, application for financial assistance in the amount of $42,000 from the Rural Water Assistance Fund.

Greater Texoma Utility Authority on behalf of the City of Melissa and the City of Anna, 5100 Airport Drive, Denton, Texas 75020, received 12/28/07, application for financial assistance in the amount of $1,400,000 from the Texas Water Development Fund.

TRD-200801152

Ingrid K. Hansen

Acting General Counsel

Texas Water Development Board

Filed: February 26, 2008

Request for Applications for Grants under the Federal Emergency Management Agency Severe Repetitive Loss Program

The Texas Water Development Board (Board), as administrator of the Severe Repetitive Loss (SRL) Program on behalf of the Federal Emergency Management Agency (FEMA), requests the submission of applications leading to the possible award of SRL Program Grants from communities within the State with the legal authority to mitigate the impacts of flooding, and which participate in the National Flood Insurance Program (NFIP), in accordance with FEMA policy and regulations set forth in Title 44 of the Code of Federal Regulations (CFR) Part 79 (44 CFR 79). A community is defined as (a) a political subdivision, including any Indian tribe or authorized native organization, that has zoning and building code jurisdiction over a particular area having special flood hazards, and which is participating in the NFIP, or (b) a political subdivision or other authority that is designated to develop and administer a mitigation plan by political subdivisions, all of which meet the requirements of (a). Eligible applicants from any area of the state may submit applications for SRL Program Grants. Eligible applicants for SRL Program Grants must have a FEMA approved Hazard Mitigation Action Plan.

Description of SRL Program Purpose and Objectives. The purpose of the SRL Program is to reduce or eliminate the risk of flood damage to severe repetitive loss residential structures insured under the NFIP. An SRL property is defined by FEMA as a residential property that is covered under an NFIP flood insurance policy and: (a) has at least four NFIP claim payments (including building and contents) of over $5,000 each, and the cumulative amount of such claims exceeding $20,000; or (b) at least two separate claims (building payments only, excluding claims for contents losses) with cumulative claims exceeding the market value of the structure. For both (a) and (b), at least two of the referenced claims must have occurred within any ten-year period, and must be greater than ten days apart. The long-term goal of the SRL Program is to reduce or eliminate claims under the NFIP. The SRL Program will provide funding assistance for eligible flood mitigation projects which will result in the greatest savings to the National Flood Insurance Fund in the shortest period of time, based on a Benefit-Cost Ratio using FEMA approved methodology to conduct the Benefit-Cost Analysis.

Description of Funding Considerations. The SRL Program is subject to the availability of federal funding, as well as any directive or restriction made with respect to such funds. The available state wide allocated amount for Federal Fiscal Year 2008 is expected to be about $25,000,000. These grants all require a 25 percent local match, of which any part or all may be in the form of in-kind services. There are no award limits or project limits associated with grant requests for the SRL Program.

Consultation with the Property Owner. The consultation process is a required notification and information gathering process which is conducted by the applicant prior to the submittal of the application. The applicant will consult with the property owner on project activity types, estimated costs, and insurance implications, as well as, the property owner's right to appeal. The applicant should be clear to the property owner that the consultation does not represent a formal offer of mitigation assistance. In addition, as part of the consultation process, each interested property owner should sign documentation of Notice of Voluntary Participation which will be provided by the applicant as part of the application submittal.

Deadline, Review Criteria and Contact Person for Additional Information. Following the consultation process, the applicant is required to submit applications electronically through FEMA's web-based Electronic Grants Management System (e-Grants). Applicants must request access into the e-Grants system. Access requests should be directed to Gilbert Ward at (512) 463-6418, or by e-mail to gilbert.ward@twdb.state.tx.us at least by March 31, 2008. Deadline for submitting applications to the Board for SRL Program Grant funds is 5:00 p.m., April 15, 2008. Applications will be evaluated according to federal rules and guidance. For additional information concerning the SRL Program, current program guidance, and links to federal rules, go to www.fema.gov/government/grant/srl/index. For additional information on FEMA's e-grant system, go to www.fema.gov/government/grant/egrants. Final awards for grant funding will be as approved by FEMA.

TRD-200801145

Ingrid K. Hansen

Acting General Counsel

Texas Water Development Board

Filed: February 26, 2008

Request for Applications for the State Fiscal Year 2008 Agricultural Water Conservation Fund

The Texas Water Development Board (TWDB) solicits Request for Applications (RFAs) for the state fiscal year 2008. The total amount of the grants to be awarded by the TWDB shall not exceed $600,000 from the Agricultural Water Conservation Fund. The rules governing the Agricultural Water Conservation Fund (31 Texas Administrative Code, Chapter 367), guidelines, and instructions are available upon request from the TWDB.

Summary of the RFA

Solicitation Date (Opening): Date published in the Texas Register

Due Date (Closing): 60 days after RFA is published in the Texas Register.

Anticipated Award Date: Approximately by July 1, 2008

Estimated Total Funding: $600,000

Eligible applicants: State Agencies and Political Subdivisions

Contact: Aung K. Hla

Team Lead, Agricultural Water Conservation Section

Texas Water Development Board

P.O. Box 13231, Austin, Texas 78711-3231

Phone: (512) 463-7940

E-mail: aung.hla@twdb.state.tx.us

Objectives

Grants will be made available to state agencies and political subdivisions for projects that will encourage and expedite the implementation of agricultural water conservation best management practices. Funds will be made available through a statewide competitive grants process. Applications are requested for funding projects under three different categories:

1. Irrigation Water Use Metering

This category includes the purchase, installation, maintenance and data collection services of irrigation meters. The meters must be installed with the intent that the cooperating producer will make optimum use of it, maintain it properly and also support the collection and dissemination of water use data. The applicant is required to provide TWDB five years of data on annual irrigation water use estimates (per acre by crop) for each meter installed.

2. Innovative Technology

The proposed innovative project must develop adaptive tools for the implementation of new systems that would demonstrate and facilitate technically sound conservation decisions by producers. The applicants are encouraged to identify promising conservation technologies that may include installation of instrumentation and devices for optimizing and benchmarking irrigation systems' performances. To be given priority consideration, the innovative technology should be adaptable, transferable, and the expected outcomes or impacts of the technology should be measurable.

3. Evaluation of Evapotranspiration (ET) Networks in Texas

Provide consultancy services to undertake a detailed inventory of active weather stations collecting evapotranspiration data in the state of Texas and thoroughly assess their performance and usability. These weather stations must be equipped to estimate reference evapotranspiration (grass or alfalfa) and also measure precipitation amounts on a daily basis. The criterion to assess the performance of evapotranspiration Networks will be based on but limited to the following: proper location of the station, the quality of sensors and relevant hardware, data retrieval and collection methods, algorithms used for data analyses, and identification of strategies employed for the dissemination of information and for marketing of evapotranspiration network products to their clients.

Selection and Award

All proposals will be evaluated based upon the specific criteria set forth in this solicitation. TWDB reserves the right to reject any or all applications if staff determines that the application(s) does not adequately meet the required criteria or if the funding available is less than the requested funding.

Description of Applicant Criteria

The applicable scope of work, schedule, and contract amount will be negotiated after the TWDB selects the most qualified applicants. Failure to arrive at mutually agreeable terms of a contract with the most qualified applicant shall constitute a rejection of the Board's offer and may result in subsequent negotiations with the next most qualified applicant. The TWDB reserves the right to reject any or all applications if staff determines that the application(s) does not adequately meet the required criteria or if the funding available is less than the requested funding.

Deadline for Submission of Applications

Six double-sided, double-spaced copies of a completed application must be filed with the TWDB within 60 days of the publication of this RFA. Applications can be directed either in person to David Carter, Texas Water Development Board, Stephen F. Austin Building, Room 531, 1700 North Congress Avenue, Austin, Texas 78701; or by mail to David Carter, Texas Water Development Board, P.O. Box 13231--Capitol Station, Austin, Texas 78711-3231. All applicants should obtain the TWDB's guidelines and instruction sheet for responding to the RFA.

TRD-200801171

Ingrid K. Hansen

Acting General Counsel

Texas Water Development Board

Filed: February 27, 2008

Request for Statements of Qualifications Water Research Study Priority Topics

The Texas Water Development Board (board) requests the submission of Statements of Qualifications (SOQs) from interested applicants leading to the possible award of contracts for state fiscal year 2008 to conduct water research on six priority topics. The total amount of the grants awarded by the board shall not exceed $500,000 from the Research and Planning Fund. Rules governing the Research and Planning Fund (31 Texas Administrative Code, Chapter 355) are available upon request from the board, or may be found at the Secretary of State's Internet address: http://www.sos.state.tx.us/tac/; then sequentially select, "TAC Viewer," "Title 31," "Part 10," "Chapter 355," and "Subchapter A." Guidelines for responding to the SOQ, which include an application form and detailed information on the research topic, will be available at the board's website at: http://www.twdb.state.tx.us/publications/requestforproposals/requestforproposals_index.asp, or will be provided upon request.

Description of the Research Objectives and Purpose

Statements of Qualifications are requested for the following six priority research topics.

1. Effect of roof material on water quality for rainwater harvesting systems.

The effect of roof material on runoff water quality for rainwater harvesting is one of the most common concerns expressed by current and potential users of rainwater harvesting. There is a lack of data to respond to these concerns. A scientific review of the water quality effect of roof materials commonly used in Texas such as asphalt shingles, galvanized metal, tiles, and others will provide useful information for designers, installers and users of rainwater harvesting systems.

This research effort would involve the following:

* identifying and characterizing the more common roofing materials used in Texas;

* designing and implementing a study methodology to determine the potential water-quality effects of roof materials on rainwater harvesting;

* collecting the data;

* performing the necessary laboratory work;

* analyzing and reporting the results of the study; and

* issuing recommendations regarding roof materials for rainwater harvesting.

TWDB will first consider opportunities to conduct this research in partnership with an institution of higher education through an internship contract.

2. Assessment of osmotic mechanisms pairing desalination concentrate and wastewater treatment.

Disposal of desalination concentrate is a major cost component of water desalination. Useful applications of the desalination concentrate can significantly reduce the cost of water desalination. A potential beneficial application is to take advantage of the high salinity level of desalination concentrate by using it as a draw solution in a forward osmosis process to remove pure water from wastewater.

The desired study will:

* examine the mechanics of forward and reverse osmosis water treatment,

* assess the feasibility of using high salinity streams to extract pure water out of wastewater streams,

* determine the characteristics required for cost-effective application of forward osmosis to wastewater treatment with desalination concentrate as a draw solution, and

* prepare a report describing the results of the research and providing recommendations for future related work.

3. High School Water Resource Education Program.

The TWDB seeks to develop Texas-specific high school curricular resources centered on the topic of water. Integral to this program is the development of internet-based learning activities which facilitate student access to real data from the TWDB and other resources.

Program development must include the following:

* A web-interface for high school students that will allow them to explore, research, and build understanding about water science and the critical water-related issues of our state.

* Development of internet-based learning activities which facilitate student understanding of water resources while also fulfilling some of the requirements of the high school science courses such as chemistry, biology, integrated physics and chemistry, aquatics, AP science courses, and the new engineering and earth and space science courses.

* A water resource curriculum that meets the needs of a diverse population of Texas high-school students and is accessible in a web-based environment.

* An engaging, relevant, research-based water resource curriculum that incorporates graphics and animations as well as hands-on/minds-on inquiry and problem-based instructional approaches to learning.

* The capability for TWDB staff to maintain the web-interface and curriculum resources with updates, as necessary.

* All student activities and materials developed should be correlated with the Texas Essential Knowledge and Skills requirements for high school science courses.

* Inclusion of Texas high school teachers in a focus group to help identify specific topics for curricular development and to review the program prior to completion.

4. Storm Water Reuse as a Water Management Strategy.

Meeting future water supply needs of Texas will involve implementing a variety of alternative water management strategies including water reuse, water desalination, and other water conservation measures. One such alternative strategy, storm water reuse, has begun to be seriously considered on a global basis. With the population of Texas almost doubling in the next 30 years there will be substantial increases in impervious land cover that may result in large quantities of future storm water not historically available.

Smaller scale methods of storm water reuse (e.g. rainwater harvesting) have already been evaluated by the Texas Water Development Board. However, implementing storm water reuse on a much larger scale, for example at large commercial developments or within municipal districts, has not been adequately evaluated for Texas. There are a number of issues related to storm water reuse including water availability and water rights, technical approaches, and environmental considerations that are poorly understood.

Understanding both technical and legal issues, as well as the broader advantages and drawbacks of larger scale storm water reuse, will help determine whether and/or where in Texas it should be considered as a viable water management strategy.

The research should:

* Perform a literature search to identify and document the current state of technology and applicable legal issues related to storm water reuse.

* Develop an approach for determining the probable quantities of historical and future storm water.

* Develop information regarding practices and technology for harvesting storm water including health and reliability issues as a water supply.

* Develop information regarding alternative practices and technologies for treatment and reuse of the storm water.

* Define legal issues related to reuse of the historical and future storm water.

* Define issues related to the potential impacts of reusing storm water on downstream ecology.

* Identify regions in Texas with the greatest potential for storm water reuse projects.

* Discuss the issues and implications associated with various scales and forms of storm water reuse strategies.

This research will develop information to aid regional water planning groups in assessing the viability of storm water reuse as a water management strategy. Ideally, a guidance document would be prepared for use by entities in developing storm water reuse strategies in those particular areas where conditions provide an opportunity for storm water reuse.

5. Model Subdivision Rules Training CD.

With the passage of House Bill 467 (79th Regular Legislature, 2005), the pool of cities and counties eligible to apply for financial assistance to address inadequate water and wastewater infrastructure under the Texas Water Development Board's (TWDB) Economically Distressed Areas Program (EDAP) has greatly expanded. Consequently, the number of cities and counties that could be required to adopt and enforce Model Subdivision Rules, which are designed to prevent substandard residential development, has the potential to grow exponentially. Those newly eligible counties, which would adopt Model Subdivision Rules under Subchapter C, Chapter 232, Local Government Code, and cities, which would adopt Model Subdivision Rules under Chapter 212, Local Government Code, may lack the knowledge of the purpose and benefits of Model Subdivision Rules, how to effectively implement them and change the way residential subdivision development is conducted to ensure adequate water and wastewater for these new developments.

The TWDB's Administrative Rules (31 TAC Chapter 363, §363.504(a)(1)(E)) require a county or municipality required or authorized to adopt Model Subdivision Rules to complete a training course of not more than two hours within one year of submitting an application for financial assistance from the Economically Distressed Areas Program. The purpose of this study is to research the important statutory and regulatory requirements of Model Subdivision Rules. Results of the study will provide local elected officials, local government staff, residential subdivision developers, engineers, the real estate industry, state regulators and homeowners, who all play a critical role in the Model Subdivision Rule process, with a tool to assist them in the adoption, compliance and enforcement of Model Subdivision Rules that ensure adequate water and wastewater services for residential subdivisions. The training will assist these communities with developing quality applications for the financial assistance available from the Economically Distressed Areas Program using samples, forms, exhibits, timelines and schedules that can be incorporated in required documents.

In developing the training tool, the study should also include video, photographs, pictures, graphics and other audio and visual tools to highlight, enlighten, encourage and educate the decision-makers, implementers and enforcers of the Model Subdivision Rules and the potential applicants of financial assistance through the Economically Distressed Areas Program. The end product will be a high-quality, professionally-developed narrated computer-aided training program that creatively and effectively instructs and guides users through the Model Subdivision Rule adoption and implementation process. The TWDB will receive a minimum of 10 copies of the training CD and 10 printed copies of a Model Subdivision Rule resource manual that includes relevant, statutes, rules, policies, samples, forms, exhibits, timelines, schedules and any other information that might be useful and beneficial in training the intended audience.

6. Uncertainty and Risk in the Management of Water Resources.

The 2007 State Water Plan contains 4,500 water management strategies needed to meet the water supply needs of the state over the next 50 years. Implementation of individual water management strategies may not be possible due to permit requirements and the need for public support--details that are often not known in the early stages of planning. Further uncertainties exist due to surface and groundwater availability model inaccuracies, costs and funding sources, and unforeseen changes in the population dynamics of the state or region. The threat of climate change has also made water supply managers worry about the reliability of their existing supplies and if it is valid to assume that the next 50 years of hydrology will have droughts no worse than those seen in the past 50 years.

This research will investigate approaches for quantifying and considering uncertainties and risk in water resources planning and management, focusing primarily on climate change and implementation of water management strategies. Specifically, the deliverable will be a recommended approach for integrating risk and uncertainty into the current round of regional water planning in Texas. An example specific to a Water User Group or Regional Water Planning Group to demonstrate the applicability of the proposed approach is also expected.

Description of Applicant Criteria.

The applicant should: (1) demonstrate prior experience in the priority research topic; (2) be able to review, research, analyze, evaluate, and interpret data and research findings; and (3) have excellent oral presentation and writing abilities. An estimate of the total cost and a basic budget for the study is requested. This estimate is to be used by the board for an indication of total grant funding requested, will not be considered as a bid for the study, and will not be used in the evaluation process when selecting applications for consideration of approval for the research proposed. The board reserves the right to not accept any or all submissions based on availability of funding and its evaluation of the qualifications as submitted.

If the applicant is short-listed, the applicant should be prepared to make an oral presentation to board staff. The scope of work, schedule, and contract amount will be negotiated after the board selects the most qualified applicant. Failure to reach a negotiated contract may result in subsequent negotiations with the next most-qualified applicant; however, a negotiation will not occur with applicants who are determined by the board to be unqualified or otherwise unsuited to perform the requested research. Applicants selected to conduct the research may be required to present the results of their research at one or more of the board's monthly public meetings.

Deadline for Submittal, Review Criteria and Contact Person for Additional Information.

Historically Underutilized Businesses (HUBs) are encouraged to submit Statements of Qualifications and/or participate as subcontractors in the water research program. As instructed at Texas Government Code §2161.252 and Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter B, §20.14, if the anticipated cost of the study is to exceed $100,000, the applicant must complete a HUB Subcontracting Plan according to: http://www.tbpc.state.tx.us/communities/procurement/prog/hub/hub-subcontracting-plan.

All applicants must obtain the board's guidelines for responding to the Statements of Qualifications. The guidelines are available at http://www.twdb.state.tx.us/publications/requestforproposals/requestforproposals_index.asp. Ten double-sided, double-spaced copies of a completed Statement of Qualifications must be filed with the board prior to 5:00 p.m., April 23, 2008. Respondents to this request shall limit their Statement of Qualifications to the size previously mentioned, excluding the resumes of the project team members.

Statements of Qualifications can be directed either in person to Mr. David Carter, Texas Water Development Board, Stephen F. Austin Building, Room 535, 1700 North Congress Avenue, Austin, Texas; or by mail to Mr. David Carter, Texas Water Development Board, P.O. Box 13231--Capitol Station, Austin, Texas 78711-3231.

TRD-200801172

Ingrid K. Hansen

Acting General Counsel

Texas Water Development Board

Filed: February 27, 2008