In Addition

In Addition

Department of Assistive and Rehabilitative Services

Notice of Public Hearing for DARS Maximum Allowable Payment Schedule (MAPS), to be effective April 1, 2009

The Department of Assistive and Rehabilitative Services (DARS) will hold a public hearing from 2:00 p.m. to 4:00 p.m. on Tuesday, March 3, 2009, in Conference Room 250 of the DARS Administration Building at 4800 North Lamar Boulevard in Austin, Texas 78756, to receive public comments on the proposed FY 2009-2010 Maximum Allowable Payment Schedule (MAPS) rates used for the purchase of medical and medical-related services. The proposed implementation date for the new MAPS rates is April 1, 2009.

The schedule of proposed rates may be viewed or copies may be obtained by calling Stuart McPhail with DARS at (512) 424-4144 or visiting DARS at the Brown Heatly Building at 4900 North Lamar; Austin, Texas 78751.

Written comments on the proposed rates may be submitted to Stuart McPhail, Department of Assistive and Rehabilitative Services, 4900 North Lamar Boulevard, Austin, Texas 78751.

TRD-200900360

Sylvia F. Hardman

Deputy Commissioner for Legal Services

Department of Assistive and Rehabilitative Services

Filed: January 30, 2009

Automobile Burglary and Theft Prevention Authority

Notice of Invitation for Applications

The Automobile Burglary and Theft Prevention Authority is soliciting applications for grants to be awarded for projects under the Automobile Burglary and Theft Prevention Authority (ABTPA) Fund. This grant cycle will be one year in duration, and will begin on September 1, 2009. One or more of the following types of projects may be awarded, depending on the availability of funds:

Law Enforcement/Detection/Apprehension Projects, to establish motor vehicle burglary and theft enforcement teams and other detection/apprehension programs. Priority funding may be provided to state, county, precinct commissioner, general or home rule cities for enforcement programs in particular areas of the state where the problem is assessed as significant. Enforcement efforts covering multiple jurisdictional boundaries may receive priority for funding.

Prosecution/Adjudication/Conviction Projects, to provide for prosecutorial and judicial programs designed to assist with the prosecution of persons charged with motor vehicle burglary and theft offenses.

Prevention, Anti-Theft Devices and Automobile Registration Projects, to test experimental equipment which is considered to be designed for auto theft deterrence and registration of vehicles in the Texas Help End Auto Theft (H.E.A.T.) Program.

Reduction of the Sale of Stolen Vehicles or Parts Projects, to provide vehicle identification number labeling, including component part labeling and etching methods designed to deter the sale of stolen vehicles or parts.

Public Awareness and Crime Prevention/Education/Information Projects, to provide education and specialized training to law enforcement officers in auto burglary and theft prevention procedures, provide information linkages between state law enforcement agencies on auto theft crimes, and develop a public information and education program on theft prevention measures.

Eligible Applicants:

State agencies, local general-purpose units of government, independent school districts, nonprofit, and for profit organizations are eligible to apply for grants for automobile burglary and theft prevention assistance projects. Nonprofit and profit organizations shall be required to provide with their grant applications sufficient documentation to evaluate the credibility and the community support of the organization and the viability of the organization's existing activities in the context of providing automobile burglary and theft prevention assistance.

Contact Person:

Detailed specifications, including selection process and schedule for workshops for applicants will be made available through ABTPA. Copies of the Administrative Guide and the application can be found at www.txwatchyourcar.com.

Contact Charles Caldwell, Interim Director, Texas Automobile Burglary and Theft Prevention Authority, (512) 374-5101.

Application Workshops:

A mandatory workshop for all applicants that wish to apply for the Texas Automobile Burglary and Theft Prevention Grant funds with at least one (1) representative has been selected to be held: March 31, 2009, Tuesday, Austin, Texas, 8:00 a.m. - 5:00 p.m., Crown Plaza Hotel 6121 North IH-35, Austin, Texas, 78752, (512) 323-5466. Attendees are responsible for making individual hotel reservations. Registration for the workshops must be done on the ABTPA Website at www.txwatchyourcar.com.

Application Deadline and Submission Requirements:

The Authority must receive applications by 5 p.m., Friday, May 8, 2009 or postmarked by May 8, 2009. Each Application must:

1. Include all signed certifications and signature pages.

2. Application must be mailed or delivered to:

Texas Automobile Burglary and Theft Prevention Authority,

4000 Jackson Avenue

Austin, Texas 78731

3. Submit one (1) original and four (4) copies of the proposal.

4. Facsimile transmissions will not be accepted. If mailed, applications must be marked "Personal and Confidential" and addressed to the contact person listed above. If delivered, please leave application with the contact person (or designee) at the address listed.

Selection Process:

Applications will be selected according to rules §§57.2, 57.4, 57.7, and 57.14, as published in Title 43, Chapter 57, Texas Administrative Code. Grant award decisions by ABTPA are final and not subject to judicial review. Grants will be awarded on or before September 1, 2009.

TRD-200900371

Charles Caldwell

Director

Automobile Burglary and Theft Prevention Authority

Filed: January 30, 2009

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, and 303.009, Texas Finance Code.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/09/09 - 02/15/09 is 18% for Consumer¹ /Agricultural/Commercial²/credit through $250,000.

The weekly ceiling as prescribed by §303.003 and §303.009 for the period of 02/09/09 - 02/15/09 is 18% for Commercial over $250,000.

The monthly ceiling as prescribed by §303.005³ for the period of 02/01/09 - 02/28/09 is 18% for Consumer/Agricultural/Commercial/credit through $250,000.

The monthly ceiling as prescribed by §303.005 for the period of 02/01/09 - 02/28/09 is 18% 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.

TRD-200900403

Leslie L. Pettijohn

Commissioner

Office of Consumer Credit Commissioner

Filed: February 3, 2009

Texas Education Agency

Request for Applications Concerning the 2009-2010 Adult Education and Family Literacy Program and Temporary Assistance for Needy Families Program

Eligible Applicants. The Texas Education Agency (TEA) is requesting applications under Request for Applications (RFA) #701-09-109 from eligible applicants to provide literacy services to adults in Texas. Eligible applicants include local educational agencies; community-based organizations of demonstrated effectiveness; volunteer literacy organizations of demonstrated effectiveness; institutions of higher education; public or private nonprofit agencies; libraries; public housing authorities; nonprofit institutions that have the ability to provide literacy services to adults and families; or a consortium of eligible agencies, organizations, institutions, libraries, or authorities. For-profit entities are not eligible providers.

Description. The objectives of the 2009-2010 Adult Education and Family Literacy (Adult Ed) and Temporary Assistance for Needy Families (TANF) programs are to assist adults to become literate and obtain the knowledge and skills necessary for employment and self-sufficiency; assist adults who are parents to obtain the educational skills necessary to become full partners in the educational development of their children; assist adults in the completion of a secondary school education; assist adults who have limited English proficiency with English language acquisition; and assist adults who are incarcerated in a correctional facility or other institution who function at less than a secondary completion level with basic academic and functional context skills.

Project Dates. The Adult Ed and TANF programs will be implemented during the 2009-2010 school year. Applicants should plan for a starting date of no earlier than July 1, 2009, and an ending date of no later than June 30, 2010.

Project Amount. Funding will be provided for approximately 60 projects. Available funding is approximately $32.7 million in federal Adult Ed funds with approximately $12.7 million available in supplemental state Adult Ed and TANF funds. Each eligible organization can apply for only one project for the 2009-2010 school year. An eligible organization can also participate as a sub-recipient of an eligible organization applying for this grant.

Selection Criteria. Applications will be selected based on the independent reviewers' assessment of each applicant's ability 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 and that are most advantageous to the project.

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

Requesting the Application. Due to the high cost of printing and mailing RFAs, they will no longer be available in print. The announcement letter and complete RFA will be posted on the TEA website at http://burleson.tea.state.tx.us/GrantOpportunities/forms for viewing and downloading. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Training Available on Texas Education Telecommunication Network (TETN). TEA is offering training via TETN (TETN Event #34865) on Wednesday, February 25, 2009, from 3:15 p.m. to 5:15 p.m. This training will cover the Adult Ed and TANF grant application and will provide the opportunity for questions and answers. As space is limited, individuals planning to attend the event must reserve seating with their regional education service center.

Further Information. For clarifying information about the RFA, contact Iris Adams, Division of Discretionary Grants, Texas Education Agency, (512) 463-9269. 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 (FAQ) at http://burleson.tea.state.tx.us/GrantOpportunities/forms. In the "Select Search Options" box, select the name of the RFA from the drop-down list. Scroll down to the "Application and Support Information" section to view all documents that pertain to this RFA.

Deadline for Receipt of Applications. Applications must be certified and submitted through the eGrants online application system to the TEA by 5:00 p.m. (Central Time), Thursday, April 16, 2009, to be considered for funding.

TRD-200900425

Cristina De La Fuente-Valadez

Director, Policy Coordination

Texas Education Agency

Filed: February 4, 2009

Commission on State Emergency Communications

Correction of Error

The Commission on State Emergency Communications submitted a notice of readoption (adopted review) of 1 TAC Chapter 251 for publication in the December 5, 2008, issue of the Texas Register (33 TexReg 10069).

An error appears on page 10069, second column, in the second paragraph of the notice. The section number 252.7 should be 251.7. The paragraph should read as follows:

"Based on its statutory review, CSEC readopts without amendment §251.2 and §251.7...."

TRD-200900357

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 March 16, 2009 . 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) 239-2545 and at the applicable regional office listed as follows. Written comments about an AO should be sent to the enforcement coordinator designated for each AO at the commission's central office at P.O. Box 13087, Austin, Texas 78711-3087 and must be received by 5:00 p.m. on March 16, 2009. 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: Wayne Dobbins dba 3D Vacuum Service; DOCKET NUMBER: 2008-1534-SLG-E; IDENTIFIER: RN102984226; LOCATION: Victoria, Victoria County; TYPE OF FACILITY: sludge transporter business; RULE VIOLATED: 30 Texas Administrative Code (TAC) §312.143 and the Code, §26.121(a)(1), by failing to deposit waste at a facility designated by or acceptable to the generator where the owner or operator of the facility agrees to receive the wastes and the (Texas) facility has written authorization by permit or registration issued by the executive director to receive wastes; and 30 TAC §312.145, by failing to maintain complete records of each individual collection and deposit; PENALTY: $3,080; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(2) COMPANY: Aqua Utilities, Inc. dba Aqua Texas, Inc.; DOCKET NUMBER: 2008-1294-MWD-E; IDENTIFIER: RN101524767; LOCATION: Orange County; TYPE OF FACILITY: wastewater system; RULE VIOLATED: 30 TAC §305.125(4), Texas Pollutant Discharge Elimination System (TPDES) Permit Number WQ0012109001, Permit Conditions Number 2.g., and the Code, §26.121(a), by failing to prevent the unauthorized discharge of wastewater; 30 TAC §305.125(9)(A), TPDES Permit Number WQ0012109001, Monitoring and Reporting Requirements Number 7.a., and the Code, §26.039(b), by failing to submit noncompliance notification; and 30 TAC §317.7(e), by failing to ensure that the plant area is completely fenced off with lockable gates at all access points; PENALTY: $7,260; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(3) COMPANY: Bobby Enterprises, Inc. dba One Stop Shopping Mart; DOCKET NUMBER: 2008-1354-PST-E; IDENTIFIER: RN102450665; LOCATION: Houston, Harris County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.246(4) and Texas Health and Safety Code (THSC), §382.085(b), by failing to maintain Stage II records at the station; and 30 TAC §115.242(1)(C) and THSC, §382.085(b), by failing to upgrade the Stage II equipment to onboard refueling vapor recovery systems; PENALTY: $1,650; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(4) COMPANY: City of Broaddus; DOCKET NUMBER: 2007-0888-MLM-E; IDENTIFIER: RN101720928; LOCATION: San Augustine County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(17) and TPDES Permit Number WQ0011772001, Sludge Provisions, by failing to submit the annual sludge reports; 30 TAC §317.3(e)(4)(C) and TPDES Permit Number WQ0011772001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §330.15(a) and TPDES Permit Number WQ0011772001, Sludge Provisions, by failing to dispose of sludge at a TCEQ authorized land application site or co-disposal landfill; 30 TAC §317.6(b)(1)(D) and (E) and TPDES Permit Number WQ0011772001, Operational Requirements Number 1, by failing to properly maintain safety equipment for the gas chlorination facilities; 30 TAC §317.7(b) and TPDES Permit Number WQ0011772001, Operational Requirements Number 1, by failing to maintain an accessible stairway to the facility; 30 TAC §305.125(5) and TPDES Permit Number WQ0011772001, Operational Requirements Number 1, by failing to ensure that all systems of collection, treatment, and disposal are properly operated and maintained; 30 TAC §319.11(c) and (d) and TPDES Permit Number WQ0011772001, Monitoring and Reporting Requirements Number 2, by failing to properly perform chlorine residual analysis; and 30 TAC §319.11(a) and TPDES Permit Number WQ0011772001, Monitoring and Reporting Requirements Number 2, by failing to properly prepare complete chain of custody records; PENALTY: $29,367; ENFORCEMENT COORDINATOR: Pamela Campbell, (512) 239-4493; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(5) COMPANY: Burdick Homes, Limited; DOCKET NUMBER: 2008-1792-WQ-E; IDENTIFIER: RN105626568; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: residential construction site; RULE VIOLATED: 30 TAC §281.25(a)(4) and 40 Code of Federal Regulations (CFR) §122.26(c), by failing to renew authorization to discharge storm water associated with construction activities; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(6) COMPANY: Jeff Davidson dba C & W One Stop 12; DOCKET NUMBER: 2008-1125-PST-E; IDENTIFIER: RN102438462; LOCATION: Mertzon, Irion County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the cathodic protection system; 30 TAC §334.49(c)(4)(C) and the Code, §26.3475(d), by failing to have the cathodic protection system inspected and tested for operability and adequacy of protection at a frequency of at least once every three years; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor underground storage tanks (USTs) for releases; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors at least once per year for performance and operational reliability; and 30 TAC §334.48(c), by failing to conduct effective manual or automatic inventory control procedures for the UST system; PENALTY: $9,880; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 622 South Oakes, Suite K, San Angelo, Texas 76903-7035, (325) 655-9479.

(7) COMPANY: Carmax Auto Superstores, Inc.; DOCKET NUMBER: 2008-1569-AIR-E; IDENTIFIER: RN105001614; LOCATION: Austin, Travis County; TYPE OF FACILITY: auto paint shop; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain authorization for auto body refinishing activities; PENALTY: $3,000; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 2800 South IH 35, Suite 100, Austin, Texas 78704-5700, (512) 339-2929.

(8) COMPANY: Chireno Independent School District; DOCKET NUMBER: 2008-1451-MWD-E; IDENTIFIER: RN101521631; LOCATION: Nacogdoches County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1) and TPDES Permit Number WQ0013917001, Operational Requirements Number 1, by failing to properly maintain the staff gauge and the effluent weir; 30 TAC §319.7(c) and TPDES Permit Number WQ0013917001, Monitoring and Reporting Requirements Number 3.b, by failing to make records readily available for review; 30 TAC §305.125(1) and TPDES Permit Number WQ0013917001, Other Requirements Number 6, by failing to maintain records of the septic tank inspections and the sludge removal manifests; 30 TAC §305.125(5) and TPDES Permit Number WQ0013917001, Operational Requirements Number 1, by failing to ensure that the facility and all of its systems of collections, treatment, and disposal are properly operated and maintained; 30 TAC §305.125(5) and TPDES Permit Number WQ0013917001, Operational Requirements Number 1, by failing to properly operate and maintain septic tanks; and 30 TAC §319.11(c) and (d) and TPDES Permit Number WQ0013917001, Monitoring and Reporting Requirements Number 3.a., by failing to monitor samples and take measurements in a manner representative of the monitored activity; PENALTY: $5,114; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(9) COMPANY: Clean Harbors Environmental Services, Inc.; DOCKET NUMBER: 2008-1624-AIR-E; IDENTIFIER: RN102184173; LOCATION: La Porte, Harris County; TYPE OF FACILITY: incinerator and landfill site; RULE VIOLATED: 30 TAC §§122.143(4), 122.145(2)(B) and (C), and 122.146(1) and (2), Federal Operating Permit (FOP) Number O-01566, General Terms and Conditions (GTC), and THSC, §382.085(b), by failing to submit a permit compliance certification and semi-annual deviation report; PENALTY: $5,950; ENFORCEMENT COORDINATOR: Jeremy Escobar, (512) 239-1460; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(10) COMPANY: Exxon Mobil Corporation; DOCKET NUMBER: 2008-1477-AIR-E; IDENTIFIER: RN102212925; LOCATION: Baytown, Harris County; TYPE OF FACILITY: chemical company; RULE VIOLATED: 30 TAC §§101.20(3), 116.115(c), and 122.143(4), 40 CFR §61.348(a)(1)(i), Permit Number O-01553, Special Condition (SC) Number 14, Permit Number 3452 and PSD-TX-302M2, SC Number 5, and THSC, §382.085(b), by failing to limit the flow-weighted annual average benzene waste stream concentration to ten parts per million by weight; and 30 TAC §§101.20(3), 116.115(c), and 122.143(4), 40 CFR §61.342(c)(3)(ii)(B), Permit Number O-01553, SC Number 14, Permit Number 3452 and PSD-TX-302M2, SC Number 5, and THSC, §382.085(b), by failing to limit the flow-weighted uncontrolled annual average benzene waste stream concentration to two megagrams per year; PENALTY: $30,400; Supplemental Environmental Project (SEP) offset amount of $12,160 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: John Muennink, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(11) COMPANY: Fin & Feather Lodge LLC; DOCKET NUMBER: 2008-1618-MWD-E; IDENTIFIER: RN101608081; LOCATION: Sabine County; TYPE OF FACILITY: wastewater treatment; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0012143001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for total suspended solids (TSS) and biochemical oxygen demand; PENALTY: $3,200; ENFORCEMENT COORDINATOR: Harvey Wilson, (512) 239-0321; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(12) COMPANY: Fort Worth Excavating, Inc.; DOCKET NUMBER: 2008-1540-AIR-E; IDENTIFIER: RN100733138; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: sand mining and mulching plant; RULE VIOLATED: 30 TAC §116.110(a) and THSC, §382.0518(a) and §382.085(b), by failing to obtain a permit or to satisfy the conditions of a permit by rule; PENALTY: $5,450; ENFORCEMENT COORDINATOR: Carlie Konkol, (361) 825-3100; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(13) COMPANY: H. E. Butt Grocery Company; DOCKET NUMBER: 2008-1680-EAQ-E; IDENTIFIER: RN102842143; LOCATION: San Antonio, Bexar County; TYPE OF FACILITY: commercial project site; RULE VIOLATED: 30 TAC §213.4(a)(1) and §213.5(a)(4), by failing to obtain approval of an aboveground storage tank facility plan; PENALTY: $2,000; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 14250 Judson Road, San Antonio, Texas 78233-4480, (210) 490-3096.

(14) COMPANY: INVISTA S.a.r.l.; DOCKET NUMBER: 2008-1609-AIR-E; IDENTIFIER: RN104392626; LOCATION: Orange, Orange County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §§101.20(1), 113.100, 113.120, 116.115(c), and 122.123(4), 40 CFR §§63.11(b)(6)(ii), 60.18(c)(3)(ii), 63.113(a)(1)(i), and 60.702(b), FOP Number O-01897, Special Terms and Conditions (STC) Numbers 1.A., 12, and 20, New Source Review (NSR) Permit Number 1302, SC Numbers 2(3) and 4.B., and THSC, §382.085(b), by failing to maintain the minimum net heating value of 200 British thermal units per standard cubic foot in the gas stream; PENALTY: $3,680; ENFORCEMENT COORDINATOR: Miriam Hall, (512) 239-1044; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(15) COMPANY: J. T. HEATH HOME & AUTO SUPPLY COMPANY dba H & H Grocery 1; DOCKET NUMBER: 2008-1781-PST-E; IDENTIFIER: RN102057577; LOCATION: Van Horn, Culberson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the UST system; and 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; PENALTY: $2,412; ENFORCEMENT COORDINATOR: Elvia Maske, (512) 239-0789; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(16) COMPANY: LEADING EDGE AVIATION SERVICES AMARILLO, INC.; DOCKET NUMBER: 2008-1459-AIR-E; IDENTIFIER: RN100611201; LOCATION: Amarillo, Potter County; TYPE OF FACILITY: aircraft painting plant; RULE VIOLATED: 30 TAC §116.115(c), NSR Permit Number 28896, SC Number 8, and THSC, §382.085(b), by failing to store all waste paint, solvents, and clean-up rags in closed containers until removed from the site; 30 TAC §116.115(c), NSR Permit Number 28896, SC Number 6E, and THSC, §382.085(b), by failing to ensure that the height of exhaust stacks comply with the permit; 30 TAC §116.115(c), NSR Permit Number 28896, SC Number 6E, and THSC, §382.085(b), by failing to ensure the exhaust stacks have no exhaust restrictions or obstructions; 30 TAC §116.115(b)(2)(E)(ii) and (c), NSR Permit Number 28896, General Condition Number 7, and SC Numbers 7B1 and B2, C, and D, and THSC, §382.085(b), by failing to maintain records at the plant; 30 TAC §116.115(c), NSR Permit Number 28896, SC Number 6B, 40 CFR §63.745(g)(2)(i)(A), and THSC, §382.085(b), by failing to equip each hangar with dry filters that meet the particular matter removal efficiency requirements of 40 CFR §63.745(g)(2)(i)(A); 40 CFR §63.9(b)(2) and §63.753(a)(1), and THSC, §382.085(b), by failing to submit initial notification for existing sources; 40 CFR §63.753(c)(1) and (2) and THSC, §382.085(b), by failing to submit semiannual reports stating compliance or listing noncompliances with applicable standards for control devices and annual reports listing the number of times the pressure drop for each dry filter was outside the limit(s); 40 CFR §63.745(g)(2)(iv) and THSC, §382.085(b), by failing to install differential pressure gauges across filter banks; 30 TAC §116.115(c), NSR Permit Number 28896, General Condition Number 7, SC Numbers 7A1 and 7B1, and THSC, §382.085(b), by failing to maintain information and data sufficient to demonstrate compliance with the permit; 30 TAC §116.116(b)(1) and THSC, §382.085(b), by failing to not vary from any representation when a change will cause a change in the method of control of emissions; and 30 TAC §116.115(b), NSR Permit Number 28896, General Condition Number 1., and THSC, §382.085(b), by failing to not vary from representations contained in a permit application; PENALTY: $26,750; ENFORCEMENT COORDINATOR: Tom Jecha, (512) 239-2576; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(17) COMPANY: Dale Risinger dba Loma Linda Water Supply; DOCKET NUMBER: 2008-1533-PWS-E; IDENTIFIER: RN105600639; LOCATION: Jim Wells County; TYPE OF FACILITY: public water system; RULE VIOLATED: 30 TAC §290.42(e)(3), by failing to provide disinfection equipment; and 30 TAC §290.39(e) and (m), by failing to provide notification to the commission of the startup of a new public water supply system and by failing to submit engineering plans; PENALTY: $600; ENFORCEMENT COORDINATOR: John Shelton, (512) 239-2563; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(18) COMPANY: MEMC Pasadena, Inc.; DOCKET NUMBER: 2008-1378-AIR-E; IDENTIFIER: RN101062099; LOCATION: Pasadena, Harris County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c), Air Permit Number 9597, SC Number 1, and THSC, §382.085(b), by failing to prevent unauthorized emissions; and 30 TAC §101.201(c) and THSC, §382.085(b), by failing to submit the final record; PENALTY: $9,639; SEP offset amount of $3,856 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Rebecca Johnson, (361) 825-3100; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(19) COMPANY: National Stations, Inc.; DOCKET NUMBER: 2008-1428-PST-E; IDENTIFIER: RN101792935; LOCATION: Plainview, Hale County; TYPE OF FACILITY: wholesale and retail sales of gasoline, liquid gas, and petroleum based products; RULE VIOLATED: 30 TAC §334.7(d)(3), by failing to notify the agency of any change or additional information regarding the USTs; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(c)(1), by failing to monitor USTs for releases; and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition; PENALTY: $6,756; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 5012 50th Street, Suite 100, Lubbock, Texas 79414-3426, (806) 796-7092.

(20) COMPANY: City of New Summerfield; DOCKET NUMBER: 2008-1558-PWS-E; IDENTIFIER: RN102692621; LOCATION: New Summerfield, Cherokee County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(f)(2) and (3)(A)(iv) and (E)(iv), by failing to provide facility records to commission personnel at the time of the investigation; 30 TAC §290.41(c)(1)(F), by failing to provide a sanitary control easement; 30 TAC §290.110(c)(4)(B), by failing to monitor the disinfectant residual at representative locations throughout the distribution system; 30 TAC §290.45(b)(1)(D)(iii) and THSC, §341.0315(c), by failing to provide two or more service pumps having a total capacity of two gallons per minute per connection; 30 TAC §290.39(j)(1)(A) and THSC, §341.0351, by failing to notify the commission prior to making any significant change or addition where the change in the existing distribution system results in an increase or decrease in production, treatment, storage, or pressure maintenance capacity; 30 TAC §290.46(s)(1), by failing to calibrate two of the facility's well meters once every three years; and 30 TAC §290.109(c)(1)(B), by failing to collect routine distribution coliform samples; PENALTY: $2,492; ENFORCEMENT COORDINATOR: Epifanio Villarreal, (361) 825-3100; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(21) COMPANY: NNY, Inc. dba A & I Food Store; DOCKET NUMBER: 2008-1592-PST-E; IDENTIFIER: RN101536431; LOCATION: Lancaster, Dallas County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II vapor recovery system (VRS); 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one station representative received training in the operation and maintenance of the Stage II VRS and each current employee receives in-house Stage II vapor recovery training; 30 TAC §115.246(1) and (3) and THSC, §382.085(b), by failing to maintain Stage II records at the station and make them immediately available for inspection; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; 30 TAC §115.222(1) and THSC, §382.085(b), by failing to ensure that the submerged drop tubes have a maximum clearance of six inches from the bottom of the tank; 30 TAC §115.242(3)(A) and (J) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; 30 TAC §334.7(d)(3), by failing to provide an amended UST registration; 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; 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide release detection for the piping associated with the USTs; 30 TAC §334.50(b)(2)(A)(i)(III) and the Code, §26.3475(a), by failing to test the line leak detectors; 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; 30 TAC §334.50(d)(1)(B)(iii)(I) and the Code, §26.3475(c)(1), by failing to record inventory volume measurement for regulated substance inputs, withdrawals, and the amount still remaining in the tank each operating day; 30 TAC §334.48(c), by failing to conduct effective manual or automatic control procedures for all USTs; 30 TAC §334.10(b), by failing to maintain the required UST records and make them immediately available for the inspection; and 30 TAC §334.51(a)(6) and the Code, §26.3475(c)(2), by failing to ensure that all spill and overfill prevention devices are maintained in good operating condition and that such devices are inspected and serviced in accordance with manufacturers' specifications; PENALTY: $15,570; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(22) COMPANY: Oxea Corporation; DOCKET NUMBER: 2008-1440-MLM-E; IDENTIFIER: RN105195655; LOCATION: Bay City, Matagorda County; TYPE OF FACILITY: organic chemical manufacturing plant; RULE VIOLATED: 30 TAC §335.221(a)(6), Industrial Hazardous Waste Permit Number 50398, and 40 CFR §266.102(e)(4), by failing to comply with the permitted hazardous waste feed rate for chromium of 21.0 grams per hour; PENALTY: $1,875; ENFORCEMENT COORDINATOR: Michael Meyer, (512) 239-4492; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(23) COMPANY: Parkway Construction & Associates, LP; DOCKET NUMBER: 2009-0040-WQ-E; IDENTIFIER: RN105464630; LOCATION: Denton, Denton County; TYPE OF FACILITY: construction company; 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: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(24) COMPANY: Nile J. Patterson, Jr.; DOCKET NUMBER: 2008-0953-PST-E; IDENTIFIER: RN101875342; LOCATION: Claude, Armstrong County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, two USTs; PENALTY: $5,500; ENFORCEMENT COORDINATOR: Rajesh Acharya, (512) 239-0577; REGIONAL OFFICE: 3918 Canyon Drive, Amarillo, Texas 79109-4933, (806) 353-9251.

(25) COMPANY: Jose Perales; DOCKET NUMBER: 2008-1482-PST-E; IDENTIFIER: RN104504204; LOCATION: Liberty, Liberty County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC § 334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST; and 30 TAC §334.7(d)(3), by failing to provide an amended registration for any change or additional information regarding the USTs; PENALTY: $3,675; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(26) COMPANY: Rick Sage dba RCS Auto Recyclers; DOCKET NUMBER: 2009-0113-WQ-E; IDENTIFIER: RN103208633; LOCATION: Smith County; TYPE OF FACILITY: recycling; RULE VIOLATED: 30 TAC §281.25(a)(4), by failing to obtain a multi-sector general permit; PENALTY: $700; ENFORCEMENT COORDINATOR: Melissa Keller, (512) 239-1768; REGIONAL OFFICE: 2916 Teague Drive, Tyler, Texas 75701-3734, (903) 535-5100.

(27) COMPANY: Se Young Corporation dba Family Mart; DOCKET NUMBER: 2008-1434-PST-E; IDENTIFIER: RN101564995; LOCATION: Arlington, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §334.50(b)(2) and the Code, §26.3475(a), by failing to provide proper release detection; 30 TAC §334.50(b)(1)(A) and the Code, §26.3475(a) and (c)(1), by failing to ensure that all tanks are monitored for releases; 30 TAC §115.248(1) and THSC, §382.085(b), by failing to ensure that at least one facility representative receives training and instruction in the operation and maintenance of the Stage II VRS; and 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; PENALTY: $6,271; ENFORCEMENT COORDINATOR: Cheryl Thompson, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(28) COMPANY: SHANE TRANSPORTATION, INC.; DOCKET NUMBER: 2008-1328-PST-E; IDENTIFIER: RN105359921; LOCATION: Orange County; TYPE OF FACILITY: fuel distributor; RULE VIOLATED: 30 TAC §115.221 and THSC, §382.085(b), by failing to control displaced vapors by a vapor control or a vapor balance system during the transfer of gasoline; 30 TAC §334.51(a)(3)(A) and the Code, §26.3475(c)(2), by failing to physically present at or near the fuel transfer point and have an unobstructed view of the fuel transfer point at all times during the fuel transfer operation; and 30 TAC §334.51(a), by failing to prevent an unauthorized discharge of gasoline; PENALTY: $4,100; ENFORCEMENT COORDINATOR: Wallace Myers, (512) 239-6580; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(29) COMPANY: Shell Chemical LP; DOCKET NUMBER: 2008-1456-AIR-E; IDENTIFIER: RN100209832; LOCATION: Houston, Harris County; TYPE OF FACILITY: pilot plant facility for oil and chemical studies; RULE VIOLATED: 30 TAC §122.143(4) and §122.145(2)(c), FOP Number O-01604, GTC, and THSC, §382.085(b), by failing to timely submit three deviation reports; PENALTY: $9,300; SEP offset amount of $3,720 applied to Houston-Galveston AERCO's Clean Cities/Clean Vehicles Program; ENFORCEMENT COORDINATOR: Nadia Hameed, (713) 767-3500; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(30) COMPANY: Sidney Independent School District; DOCKET NUMBER: 2008-1430-PWS-E; IDENTIFIER: RN101283919; LOCATION: Comanche County; TYPE OF FACILITY: public water supply; RULE VIOLATED: 30 TAC §290.46(e)(4)(A) and THSC, §341.033(a), by failing to operate the water system at all times under the direct supervision of a water works operator who holds a Class "D" or higher license; 30 TAC §290.46(f)(2) and (3)(A)(i)(III), by failing to make available and provide for commission review all of the public water system's operating records; 30 TAC §290.46(n)(2) and §290.121(a), by failing to maintain an up-to-date map of the distribution system and an up-to-date chemical and microbiological monitoring plan; 30 TAC §290.46(s)(1), by failing to calibrate the well meter at least once every three years; and 30 TAC §290.110(c)(4)(A), by failing to monitor the disinfectant residual in the distribution system at least once every seven days; PENALTY: $892; ENFORCEMENT COORDINATOR: Stephen Thompson, (512) 239-2558; REGIONAL OFFICE: 1977 Industrial Boulevard, Abilene, Texas 79602-7833, (325) 698-9674.

(31) COMPANY: Texas Petrochemicals LP; DOCKET NUMBER: 2008-1568-AIR-E; IDENTIFIER: RN104964267; LOCATION: Port Neches, Jefferson County; TYPE OF FACILITY: chemical manufacturing plant; RULE VIOLATED: 30 TAC §116.115(c) and §122.143(4), Air Permit Number 20485, SC Number 1, FOP Number O-01327, STC Number 15, and THSC, §382.085(b), by failing to prevent the unauthorized release of air contaminants into the atmosphere; PENALTY: $8,000; SEP offset amount of $3,200 applied to Texas Parent Teacher Association - Clean School Bus Program; ENFORCEMENT COORDINATOR: Suzanne Walrath, (512) 239-2134; REGIONAL OFFICE: 3870 Eastex Freeway, Beaumont, Texas 77703-1830, (409) 898-3838.

(32) COMPANY: Timber Lane Utility District; DOCKET NUMBER: 2008-1353-MWD-E; IDENTIFIER: RN102844909; LOCATION: Harris County; TYPE OF FACILITY: wastewater treatment plant; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0011142002, Interim I Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with permit effluent limits for ammonia nitrogen and flow; PENALTY: $10,250; SEP offset amount of $8,200 applied to Gulf Coast Waste Disposal Authority - River, Lakes, Bays 'N Bayous Trash Bash; ENFORCEMENT COORDINATOR: Heather Brister, (254) 751-0335; REGIONAL OFFICE: 5425 Polk Avenue, Suite H, Houston, Texas 77023-1452, (713) 767-3500.

(33) COMPANY: Top New Wave, Inc. dba Riverside Shell; DOCKET NUMBER: 2008-1768-PST-E; IDENTIFIER: RN101547669; LOCATION: Fort Worth, Tarrant County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.242(3)(A) and THSC, §382.085(b), by failing to maintain the Stage II VRS in proper operating condition; 30 TAC §115.244(1) and (3) and THSC, §382.085(b), by failing to conduct daily and monthly inspections of the Stage II VRS; 30 TAC §115.245(2) and THSC, §382.085(b), by failing to verify proper operation of the Stage II equipment; and 30 TAC §115.248(2) and THSC, §382.085(b), by failing to ensure that at least one Station representative receives training and instruction in the operation and maintenance of the Stage II VRS; PENALTY: $9,692; ENFORCEMENT COORDINATOR: Judy Kluge, (817) 588-5800; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(34) COMPANY: TXI Operations, L.P.; DOCKET NUMBER: 2008-1547-AIR-E; IDENTIFIER: RN102171238; LOCATION: McKinney, Collin County; TYPE OF FACILITY: ready-mix concrete plant; RULE VIOLATED: 30 TAC §106.4(c) and THSC, §382.085(b), by failing to properly maintain all emission control equipment in good condition and operating properly; 30 TAC §106.201(3) and THSC, §382.085(b), by failing to pave all permanent in-plant roads with a cohesive hard surface that can be repeatedly swept, washed, and maintained intact and cleaned as necessary to achieve maximum control of dust emissions; and 30 TAC §106.8(c)(5) and THSC, §382.085(b), by failing to maintain records pertaining to the maintenance of abatement equipment; PENALTY: $2,900; ENFORCEMENT COORDINATOR: Samuel Short, (512) 239-5363; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(35) COMPANY: University of Texas at El Paso; DOCKET NUMBER: 2008-1604-AIR-E; IDENTIFIER: RN100220359; LOCATION: El Paso, El Paso County; TYPE OF FACILITY: fleet refueling; RULE VIOLATED: 30 TAC §115.252(2) and THSC, §382.085(b), by failing to comply with the seven pounds per square inch absolute maximum Reid vapor pressure requirements for unleaded gasoline; PENALTY: $770; ENFORCEMENT COORDINATOR: Roshondra Lowe, (713) 767-3500; REGIONAL OFFICE: 401 East Franklin Avenue, Suite 560, El Paso, Texas 79901-1212, (915) 834-4949.

(36) COMPANY: Ona Van Dorn; DOCKET NUMBER: 2008-1414-PST-E; IDENTIFIER: RN101815405; LOCATION: Oakville, Live Oak County; TYPE OF FACILITY: USTs; RULE VIOLATED: 30 TAC §334.47(a)(2), by failing to permanently remove from service, no later than 60 days after the prescribed upgrade implementation date, a UST system; PENALTY: $2,625; ENFORCEMENT COORDINATOR: Michael Pace, (817) 588-5800; REGIONAL OFFICE: 6300 Ocean Drive, Suite 1200, Corpus Christi, Texas 78412-5839, (361) 825-3100.

(37) COMPANY: Victron Stores, L.P. dba Tiger Mart 2; DOCKET NUMBER: 2008-1460-PST-E; IDENTIFIER: RN101569226; LOCATION: Cleburne, Johnson County; TYPE OF FACILITY: convenience store with retail sales of gasoline; RULE VIOLATED: 30 TAC §115.221 and THSC, §382.085(b), by failing to control displaced vapors by a vapor control or a vapor balance system; 30 TAC §§334.10(b), 334.50(e)(2)(C), and 334.51(b)(3)(D), by failing to maintain UST records and make them immediately available for inspection; 30 TAC §334.49(c)(2)(C) and the Code, §26.3475(d), by failing to inspect the impressed current cathodic protection system; and 30 TAC §334.45(c)(3)(A), by failing to install and maintain a secure anchor at the base of each Underwriters' Laboratories listed emergency shutoff valve in a piping system; PENALTY: $10,606; ENFORCEMENT COORDINATOR: Tom Greimel, (512) 239-5690; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

(38) COMPANY: City of Whitesboro; DOCKET NUMBER: 2008-1673-MWD-E; IDENTIFIER: RN102796679; LOCATION: Whitesboro, Grayson County; TYPE OF FACILITY: wastewater treatment system; RULE VIOLATED: 30 TAC §305.125(1), TPDES Permit Number WQ0010464001, Effluent Limitations and Monitoring Requirements Number 1, and the Code, §26.121(a), by failing to comply with the permitted effluent limitations for TSS and five-day carbonaceous biochemical oxygen demand; PENALTY: $5,160; SEP offset amount of $4,128 applied to Keep Texas Beautiful; ENFORCEMENT COORDINATOR: Evette Alvarado, (512) 239-2573; REGIONAL OFFICE: 2309 Gravel Drive, Fort Worth, Texas 76118-6951, (817) 588-5800.

TRD-200900404

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 3, 2009

Enforcement Orders

An agreed order was entered regarding David Hughitt dba Hughitt Tire Disposal, Docket No. 2003-0081-MSW-E on January 16, 2009 assessing $6,930 in administrative penalties.

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

An agreed order was entered regarding Ballpark Mart, Inc. dba Ballpark Mart, Docket No. 2003-1244-PST-E on January 16, 2009 assessing $3,920 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Anna Cox, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding MZEE, Inc. dba Key Truck Stop, Docket No. 2004-0285-PST-E on January 16, 2009 assessing $5,775 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting James Sallans, Staff Attorney at (512) 239-2053, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Ricardo Aguero dba Aguero's Trucking, Docket No. 2004-0706-MSW-E on January 16, 2009 assessing $27,500 in administrative penalties.

An agreed order was entered regarding RFK Enterprises, Inc. dba Food Spot 2, Docket No. 2005-0613-PST-E on January 16, 2009 assessing $4,950 in administrative penalties.

An agreed order was entered regarding Robert Durham dba A & A Auto Parts and Rebuilders, Docket No. 2006-0506-WQ-E on January 16, 2009 assessing $2,040 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Gary Shiu, Staff Attorney at (713) 422-8916, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Dung Thanh Nguyen dba VIP Cleaners, Docket No. 2006-1083-DCL-E on January 16, 2009 assessing $656 in administrative penalties.

A default order was entered regarding Shali Enterprises, Inc. dba US Cleaners, Docket No. 2006-1215-DCL-E on January 16, 2009 assessing $1,185 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Peipey Tang, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Shali Enterprises, Inc. dba US Cleaners, Docket No. 2006-1234-DCL-E on January 16, 2009 assessing $1,185 in administrative penalties.

A default order was entered regarding Mohammed K. Ali dba Sunnys Food Store, Docket No. 2006-1518-PST-E on January 16, 2009 assessing $8,250 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.

A default order was entered regarding Saif Malik Enterprises, Inc. dba Step N Go, Docket No. 2006-1569-PST-E on January 16, 2009 assessing $3,150 in administrative penalties.

A default order was entered regarding Nel-Mark Properties, LLC dba Anjalo Food Mart, Docket No. 2007-0942-PST-E on January 16, 2009 assessing $14,200 in administrative penalties.

An agreed order was entered regarding The Premcor Refining Group Inc., Docket No. 2007-1455-AIR-E on January 16, 2009 assessing $14,641 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Raymond Marlow, Enforcement Coordinator at (409) 899-8785, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default order was entered regarding Johnny Gore, Docket No. 2007-1601-MLM-E on January 16, 2009 assessing $13,580 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.

A default order was entered regarding Pulak Barua dba Sunshine Food Mart, Docket No. 2007-1842-PST-E on January 16, 2009 assessing $217,775 in administrative penalties.

Information concerning any aspect of this order may be obtained by contacting Benjamin Thompson, Staff Attorney at (512) 239-0600, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

A default and shutdown order was entered regarding Steven Switzer dba Our C Store 502, Docket No. 2007-1907-PST-E on January 16, 2009 assessing $18,125 in administrative penalties.

An agreed order was entered regarding Monarch Utilities I L.P., Docket No. 2008-0047-PWS-E on January 16, 2009 assessing $2,100 in administrative penalties with $420 deferred.

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

An agreed order was entered regarding Dirgin Water Supply Corporation, Docket No. 2008-0125-MLM-E on January 16, 2009 assessing $27,557 in administrative penalties with $23,957 deferred.

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

An agreed order was entered regarding River City Waste, Inc., Docket No. 2008-0146-MLM-E on January 16, 2009 assessing $3,787 in administrative penalties with $757 deferred.

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

An agreed order was entered regarding Wendland Manufacturing Corp., Docket No. 2008-0572-MLM-E on January 16, 2009 assessing $6,420 in administrative penalties with $1,248 deferred.

An agreed order was entered regarding GREENSPOINT ENTERPRISES LLC dba Courtesy Chevron 6, Docket No. 2008-0590-PST-E on January 16, 2009 assessing $6,869 in administrative penalties with $1,373 deferred.

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

An agreed order was entered regarding Jantje Van Gosliga dba Vango Dairy, Docket No. 2008-0627-AGR-E on January 16, 2009 assessing $9,575 in administrative penalties with $1,915 deferred.

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

An agreed order was entered regarding Huntsman Petrochemical Corporation, Docket No. 2008-0664-AIR-E on January 16, 2009 assessing $49,728 in administrative penalties with $9,945 deferred.

An agreed order was entered regarding Chemical Lime, Ltd., Docket No. 2008-0696-AIR-E on January 16, 2009 assessing $1,050 in administrative penalties with $210 deferred.

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

An agreed order was entered regarding City of Kingsville, Docket No. 2008-0697-MSW-E on January 16, 2009 assessing $12,540 in administrative penalties with $2,508 deferred.

An agreed order was entered regarding Ramon Martinez, Jr. Docket No. 2008-0744-PST-E on January 16, 2009 assessing $5,250 in administrative penalties with $4,050 deferred.

Information concerning any aspect of this order may be obtained by contacting Steven Lopez, Enforcement Coordinator at (512) 239-1896, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Darryl Wheeler dba Magnolia Lake RV Park, Docket No. 2008-0748-PWS-E on January 16, 2009 assessing $2,335 in administrative penalties.

An agreed order was entered regarding City of Pflugerville, Docket No. 2008-0749-MWD-E on January 16, 2009 assessing $10,300 in administrative penalties with $2,060 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 Javier De La O dba J De La O Electric, Docket No. 2008-0811-PST-E on January 16, 2009 assessing $10,450 in administrative penalties with $2,090 deferred.

An agreed order was entered regarding TXI Operations, LP, Docket No. 2008-0813-IWD-E on January 16, 2009 assessing $3,566 in administrative penalties with $713 deferred.

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

An agreed order was entered regarding LAMBERTI USA, INCORPORATED, Docket No. 2008-0839-IWD-E on January 16, 2009 assessing $80,507 in administrative penalties with $16,101 deferred.

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

An agreed order was entered regarding JARODIYA & SONS LLC. dba D&S Food Mart, Docket No. 2008-0840-PST-E on January 16, 2009 assessing $9,794 in administrative penalties with $1,958 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 Anas Ahmad dba Mobil Discount Inspection and Brakes, Docket No. 2008-0845-PST-E on January 16, 2009 assessing $12,401 in administrative penalties with $2,480 deferred.

An agreed order was entered regarding Fleetwood Travel Trailers of Texas, Inc., Docket No. 2008-0858-AIR-E on January 16, 2009 assessing $10,250 in administrative penalties with $2,050 deferred.

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

An agreed order was entered regarding Clovercreek Municipal Utility District, Docket No. 2008-0861-MWD-E on January 16, 2009 assessing $2,700 in administrative penalties with $540 deferred.

Information concerning any aspect of this order may be obtained by contacting Steve Villatoro, 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 Exxon Mobil Corporation, Docket No. 2008-0872-AIR-E on January 16, 2009 assessing $47,600 in administrative penalties.

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 Race 4 Time, Inc., Docket No. 2008-0887-SLG-E on January 16, 2009 assessing $6,000 in administrative penalties with $1,200 deferred.

An agreed order was entered regarding Texas Department of Transportation, Docket No. 2008-0902-MWD-E on January 16, 2009 assessing $10,345 in administrative penalties with $2,069 deferred.

An agreed order was entered regarding Texas A&M University, Docket No. 2008-0903-AIR-E on January 16, 2009 assessing $4,375 in administrative penalties with $875 deferred.

An agreed order was entered regarding EHAN, Inc. dba Metro Mart 5, Docket No. 2008-0907-PST-E on January 16, 2009 assessing $5,350 in administrative penalties with $1,070 deferred.

An agreed order was entered regarding FOCUS METROPLEX, INC. dba City Star, Docket No. 2008-0908-PST-E on January 16, 2009 assessing $5,400 in administrative penalties with $1,080 deferred.

An agreed order was entered regarding City of Mount Pleasant, Docket No. 2008-0924-MWD-E on January 16, 2009 assessing $9,500 in administrative penalties with $1,900 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 CCAA, L.L.C. dba BCS Stop & Go Potties, Docket No. 2008-0925-MSW-E on January 16, 2009 assessing $3,477 in administrative penalties with $695 deferred.

Information concerning any aspect of this order may be obtained by contacting Clinton Sims, Enforcement Coordinator at (512) 239-6933, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding RAJWANI & ALI'S CORPORATION dba K & W Corner Store, Docket No. 2008-0950-PST-E on January 16, 2009 assessing $3,150 in administrative penalties with $630 deferred.

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

An agreed order was entered regarding Citgo Products Pipeline Company, Docket No. 2008-0963-AIR-E on January 16, 2009 assessing $2,675 in administrative penalties with $535 deferred.

An agreed order was entered regarding Jack Vanover and Rhonda Vanover dba Casey Homes Estates Public Water Supply, Docket No. 2008-0966-PWS-E on January 16, 2009 assessing $1,850 in administrative penalties with $370 deferred.

Information concerning any aspect of this order may be obtained by contacting Stephen Thompson, 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 Block Creek Concrete Products, L.L.C., Docket No. 2008-0980-AIR-E on January 16, 2009 assessing $10,000 in administrative penalties.

An agreed order was entered regarding The Salvation Army, Docket No. 2008-0984-MWD-E on January 16, 2009 assessing $4,085 in administrative penalties with $817 deferred.

An agreed order was entered regarding Atrium Companies, Inc. dba Danvid Window, Docket No. 2008-0994-AIR-E on January 16, 2009 assessing $770 in administrative penalties with $154 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 Sabina Petrochemicals LLC, Docket No. 2008-1021-AIR-E on January 16, 2009 assessing $5,150 in administrative penalties with $1,030 deferred.

An agreed order was entered regarding Ameron International Corporation, Docket No. 2008-1056-AIR-E on January 16, 2009 assessing $19,500 in administrative penalties with $3,900 deferred.

Information concerning any aspect of this order may be obtained by contacting Bryan Elliott, Enforcement Coordinator at (512) 239-6162, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Flint Hills Resources, LP, Docket No. 2008-1066-AIR-E on January 16, 2009 assessing $27,100 in administrative penalties with $5,420 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 National Oilwell Varco, L.P., Docket No. 2008-1084-AIR-E on January 16, 2009 assessing $1,140 in administrative penalties with $228 deferred.

Information concerning any aspect of this order may be obtained by contacting Kirk Schoppe, Enforcement Coordinator at (512) 239-0489, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Standley Feed & Seed, Inc., Docket No. 2008-1091-WQ-E on January 16, 2009 assessing $7,500 in administrative penalties with $1,500 deferred.

Information concerning any aspect of this order may be obtained by contacting Mark Oliver, 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 ADDISON ENTERPRISES, INC. dba C Store Royal, Docket No. 2008-1101-PST-E on January 16, 2009 assessing $5,821 in administrative penalties with $1,164 deferred.

Information concerning any aspect of this order may be obtained by contacting Tom Greimel, Enforcement Coordinator at (512) 239-5690, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding James Lewis Allen dba Holiday Springs Mobil Home Park, Docket No. 2008-1131-PWS-E on January 16, 2009 assessing $356 in administrative penalties with $71 deferred.

An agreed order was entered regarding Jeff Hamm, Docket No. 2008-1139-LII-E on January 16, 2009 assessing $986 in administrative penalties with $197 deferred.

Information concerning any aspect of this order may be obtained by contacting Lanae Foard, Enforcement Coordinator at (512) 239-2554, Texas Commission on Environmental Quality, P.O. Box 13087, Austin, Texas 78711-3087.

An agreed order was entered regarding Oldcastle Windows, Inc. dba Vistawall, Docket No. 2008-1168-AIR-E on January 16, 2009 assessing $770 in administrative penalties with $154 deferred.

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 ALBERTSON'S LLC dba Albertsons Express 4209, Docket No. 2008-1200-PST-E on January 16, 2009 assessing $6,375 in administrative penalties with $1,275 deferred.

An agreed order was entered regarding City of Cresson, Docket No. 2008-1203-PWS-E on January 16, 2009 assessing $3,165 in administrative penalties.

An agreed order was entered regarding Ant Enterprises Incorporated, Docket No. 2008-1216-AIR-E on January 16, 2009 assessing $750 in administrative penalties with $150 deferred.

An agreed order was entered regarding Flying Star Transport, L.L.C., Docket No. 2008-1242-MSW-E on January 16, 2009 assessing $1,200 in administrative penalties with $240 deferred.

Information concerning any aspect of this order may be obtained by contacting Ross Fife, 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 Texas Stop N Shine, Inc., Docket No. 2008-1244-PST-E on January 16, 2009 assessing $8,955 in administrative penalties with $1,791 deferred.

An agreed order was entered regarding The Dow Chemical Company, Docket No. 2008-1248-AIR-E on January 16, 2009 assessing $6,725 in administrative penalties with $1,345 deferred.

An agreed order was entered regarding Ross Construction, Inc., Docket No. 2008-1290-WQ-E on January 16, 2009 assessing $1,500 in administrative penalties with $300 deferred.

An agreed order was entered regarding The Goodyear Tire & Rubber Company, Docket No. 2008-1379-AIR-E on January 16, 2009 assessing $6,175 in administrative penalties with $1,235 deferred.

A field citation was entered regarding Kendrick Oil Company, Docket No. 2008-1530-PST-E on January 16, 2009 assessing $875 in administrative penalties.

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

A field citation was entered regarding Flat Rock Minerals, LLC, Docket No. 2008-1579-WQ-E on January 16, 2009 assessing $700 in administrative penalties.

A field citation was entered regarding Larry Smith, Docket No. 2008-1582-WQ-E on January 16, 2009 assessing $700 in administrative penalties.

TRD-200900436

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2009

Executive Director's Response to Public Comment on Texas Commission on Environmental Quality General Permit Number TXG530000

The executive director of the Texas Commission on Environmental Quality (commission or TCEQ) files this Response to Public Comment on Texas Pollutant Discharge Elimination System Permit Number TXG530000. As required by Texas Water Code (TWC), §26.040(d) and 30 Texas Administrative Code (TAC) §205.3(e), before a general permit is issued, the executive director must prepare a response to all timely, relevant and material, or significant comments. The response must be made available to the public and filed with the Office of the Chief Clerk at least ten days before the commission considers the approval of the general permit. This response addresses all timely received public comments, whether or not withdrawn. No comments were received.

BACKGROUND

Introduction

The TCEQ adopted a general permit that authorizes discharges from on-site wastewater treatment systems from single family residences located within the San Jacinto River Basin in Harris County in the State of Texas that will expire five years from the date of its issuance. The executive director now proposes, with the reissuance and amendment of this proposed general permit, to continue to authorize these eligible discharges under TCEQ General Permit Number TXG530000. Consistent with 30 TAC §205.2, issuance of this permit is allowable, since the on-site wastewater treatment systems that serve qualifying residences would be similarly operated and discharge the same or similar type of waste. The general permit, if issued, would establish the same operating conditions and similar monitoring requirements for these facilities. These types of discharges are more appropriately regulated under a general permit based upon the requirements of 30 TAC §205.2(a)(5), insomuch as the TCEQ can readily enforce the general permit and can monitor compliance of the terms of the permit. The permit would establish monitoring, record keeping, and reporting requirements.

Procedural Background

The Office of the Chief Clerk received the permit file on February 22, 2008. In accordance with 30 TAC §205.3(a)(2), the Notice of Proposed Amendment of General Permit Authorizing the Discharge of Wastewater was published in the Texas Register on March 7, 2008 (33 TexReg 2062), and in the Houston Chronicle on March 3, 2008. Mailed notice was also provided in accordance with 30 TAC §205.3(b). The comment period ended on April 7, 2008. No comments were received.

TRD-200900406

Robert Martinez

Director, Environmental Law Division

Texas Commission on Environmental Quality

Filed: February 3, 2009

Notice of District Petition

Notice issued January 16, 2009

TCEQ Internal Control No. 09252008-D02; Lancaster Municipal Utility District No. 1 filed a petition with the Texas Commission on Environmental Quality (TCEQ) for the annexation of 107.760 and 109.711 acres under Chapter 54 of the Texas Water Code and the procedural rules of the TCEQ. The petition states the following: (1) Gary J. Baker and Deborra L. Baker hold title to the Property (the proposed annexation area) and are owners of a majority in value of the land to be included in the District; (2) the Property contains approximately 217.471 acres located in Hood County, Texas; and (4) the Property is within the extraterritorial jurisdiction of the City of Lancaster (City), within Dallas County and partially within Ellis County. Pursuant to Texas Water Code §54.016 and §42.0425, the District petitioned the City for consent to include the Property into the District. Pursuant to Resolution No. 2008-03-23 dated March 10, 2008, the City denied the request to consent to the addition of the Property. On June 6, 2008, the Property Owners submitted to the City a Petition for Water and Wastewater Service, which was denied by Resolution No. 2008-07-63. Pursuant to Texas Water Code §54.016(d), the Petitioners then filed an application with the Commission for annexation of the Property into the District.

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.

The TCEQ may grant a contested case hearing on the petition if a written hearing request is filed within 30 days after the newspaper publication of the notice. 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) the name of the Petitioner and the TCEQ Internal Control Number; (3) the statement "I/we request a contested case hearing;" (4) a brief description of how you would be affected by the petition in a way not common to the general public; and (5) the location of your property relative to the proposed District's boundaries. You may also submit your proposed adjustments to the petition. Requests for a contested case hearing must be submitted in writing to the Office of the Chief Clerk at the address provided in the information section below. The Executive Director may approve the petition unless a written request for a contested case hearing is filed within 30 days after the newspaper publication of this notice. If a hearing request is filed, the Executive Director will not approve the petition and will forward the petition and hearing request to the TCEQ Commissioners for their consideration at a scheduled Commission meeting. If a contested case hearing is held, it will be a legal proceeding similar to a civil trial in state district court. Written hearing requests 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 Districts Review Team, at (512) 239-4691. Si desea información en Español, puede llamar al (512) 239-0200. General information regarding TCEQ can be found at our web site at www.tceq.state.tx.us.

TRD-200900435

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2009

Notice of Intent to Perform Removal Action at the Process Instrumentation and Electrical (PIE) Proposed State Superfund Site, in Odessa, Ector County, Texas

The executive director of the Texas Commission on Environmental Quality (TCEQ or commission) hereby issues public notice of intent to perform a removal action, as provided by Texas Health and Safety Code (THSC), §361.133, for the Process Instrumentation and Electrical (PIE) proposed state Superfund site (the site). The site, including all land, structures, appurtenances, and other improvements, is approximately one acre located at the northwest corner of Andrews Highway (Highway 385) and 48th Street adjacent to the City of Odessa, Ector County, Texas. The site also includes any areas where hazardous substances have come to be located as a result, either directly or indirectly, of releases of hazardous substances from the site.

The facility proposed for listing is located within the Oil, Gas and Construction, Inc. property and consists of a cinder block building where a chrome plating shop once operated. The site description may change as additional information is gathered on the sources and extent of contamination.

The site is located in a light commercial/residential area adjacent to the Odessa city limits. It is believed a chrome plating shop operated on the site between 1953 and 1962. The site is currently inactive. Chromium was detected in nearby wells above the United States Environmental Protection Agency (EPA) National Primary Drinking Water Regulations Maximum Contaminant Level (MCL) of 100 parts per billion (ppb). The volatile organic compounds 1,2-dichloroethane (1,2-DCA) and tetrachloroethene (PCE) were also detected above their MCLs of 5 ppb in some wells. Most residences are connected to city water; however, the TCEQ installed filtration systems and began monitoring contaminant concentrations on a regular basis in some residences that use private groundwater wells. To date, the TCEQ continues to monitor the groundwater contaminant plumes and maintain the filtration systems. The removal action will consist of connecting the residences whose drinking water wells have levels of 1,2-DCA, PCE and/or Chromium above the MCLs to a municipal drinking water source.

The site is proposed for listing under THSC, Chapter 361, Subchapter F. Providing an alternate drinking water source to the residences is an integral strategy to protect human health as well as beneficial for the future remediation and restoration of the contaminated groundwater. A removal can be completed without extensive investigation and planning and will achieve a significant cost reduction for the site.

A portion of the record for this site, including documents pertinent to the executive director's determination of eligibility, is available for review at the Ector County Public Library, 321 West 5th Street, Odessa, Texas, (432) 332-0633, during regular business hours. Copies of the complete public record file may be obtained during regular business hours at the commission's Records Management Center, Building E, First Floor, Records Customer Service, 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.

For further information, please contact Jeffrey E. Patterson, TCEQ Project Manager, Remediation Division, at (512) 239-2489 or Kelly Peavler, TCEQ Community Relations Liaison at (512) 239-1352 or (800) 633-9363.

TRD-200900407

Kathleen C. Decker

Director, Litigation Division

Texas Commission on Environmental Quality

Filed: February 3, 2009

Notice of Opportunity to Request a Public Meeting for a New Municipal Solid Waste Transfer Station Registration Application

APPLICATION. Starr County, 100 North FM 3167, Suite 202, Rio Grande City, Texas, 78582, has applied to the Texas Commission on Environmental Quality (TCEQ) for proposed Registration No. 40238, to construct and operate a Type V municipal solid waste transfer station. The proposed facility, Starr County Transfer Station will be located north of Ruben Salmon Road, 0.4 miles west of the intersection of Old Charco-Blanco Road, in Starr County. This facility is requesting authorization to transfer municipal solid waste which includes municipal solid waste from citizens and commercial enterprises within Starr County and surrounding areas. The registration application is available for viewing and copying at the TCEQ Region 15 Office, 1804 West Jefferson Avenue, Harlingen, Texas 78550-5247 and may be viewed online at http://www.rkci.com/pages/services_envio_permits.aspx.

PUBLIC COMMENT/PUBLIC MEETING. Written public comments or written requests for a public meeting must be submitted to the Office of Chief Clerk at the address included in the information section below. Comments may also be received if a public meeting is held on the facility. A public meeting will be held by the executive director if requested by a member of the legislature who represents the general area where the development is to be located, or if there is a substantial public interest in the proposed development. The purpose of the public meeting is for the public to provide input for consideration by the commission, and for the applicant and the commission staff to provide information to the public. A public meeting is not a contested case hearing. The executive director will review and consider public comments and written requests for a public meeting submitted prior to the notice of final determination. The executive director is not required to file a response to comments.

EXECUTIVE DIRECTOR ACTION. The executive director shall, after review of an application for registration, determine if the application will be approved or denied in whole or in part. If the executive director acts on an application, the chief clerk shall mail or otherwise transmit notice of the action and an explanation of the opportunity to file a motion to reconsider the executive director's decision. The chief clerk shall mail this notice to the owner and operator, the public interest counsel, to adjacent landowners as shown on the required land ownership map and landowners list, and to other persons who timely filed public comment in response to public notice. Not all persons on the mailing list for this notice will receive the notice letter from the Office of the Chief Clerk.

INFORMATION. Written public comments or requests to be placed on the permanent mailing list for this application should be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-30887 or electronically submitted to http://www5.tceq.state.tx.us/rules/ecomments/. 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. Further information may also be obtained from Starr County at the address stated above or by calling Mr. Eduardo D. Choquis, P.E., Associate, Raba-Kistner Consultants, Inc. at (713) 996-8990.

TRD-200900432

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2009

Notice of Receipt of Application and Intent to Obtain a Municipal Solid Waste Permit Amendment

Permit No. 2325A

APPLICATION. Abilene Environmental Landfill Inc., 1150 Estates Drive, Suite D, Abilene, Jones County, Texas 79602, has applied to the Texas Commission on Environmental Quality (TCEQ) for a major amendment to request the suspension of groundwater monitoring at the Abilene Environmental Landfill. The facility is located on FM 3034, 1.5 miles north of Abilene, approximately 500 feet east of US Highway 277. The TCEQ received the application on October 1, 2008. The permit application is available for viewing and copying at the Jones County Clerk's Office, 12th Street and Commercial, Anson, Texas 79501.

ADDITIONAL NOTICE. TCEQ's Executive Director has determined the application is administratively complete and will conduct a technical review of the application. After technical review of the application is complete, the Executive Director may prepare a draft permit and will issue a preliminary decision on the application. Notice of the Application and Preliminary Decision will be published and mailed to those who are on the county-wide mailing list and to those who are on the mailing list for this application. That notice will contain the deadline for submitting public comments.

PUBLIC COMMENT/PUBLIC MEETING. You may submit public comments or request a public meeting on this application. The purpose of a public meeting is to provide the opportunity to submit comments or to ask questions about the application. TCEQ will hold a public meeting if the Executive Director determines that there is a significant degree of public interest in the application or if requested by a local legislator. A public meeting is not a contested case hearing.

OPPORTUNITY FOR A CONTESTED CASE HEARING. After the deadline for submitting public comments, the Executive Director will consider all timely comments and prepare a response to all relevant and material, or significant public comments. Unless the application is directly referred for a contested case hearing, the response to comments, and the Executive Director's decision on the application, will be mailed to everyone who submitted public comments and to those persons who are on the mailing list for this application. If comments are received, the mailing will also provide instructions for requesting reconsideration of the Executive Director's decision and for requesting a contested case hearing. A person who may be affected by the facility is entitled to request a contested case hearing from the commission. A contested case hearing is a legal proceeding similar to a civil trial in state district court.

TO REQUEST A CONTESTED CASE HEARING, YOU MUST INCLUDE THE FOLLOWING ITEMS IN YOUR REQUEST: your name, address, phone number; applicant's name and permit number; the location and distance of your property/activities relative to the facility; a specific description of how you would be adversely affected by the facility in a way not common to the general public; and, the statement "[I/we] request a contested case hearing." If the request for contested case hearing is filed on behalf of a group or association, the request must designate the group's representative for receiving future correspondence; identify an individual member of the group who would be adversely affected by the facility or activity; provide the information discussed above regarding the affected member's location and distance from the facility or activity; explain how and why the member would be affected; and explain how the interests the group seeks to protect are relevant to the group's purpose. Following the close of all applicable comment and request periods, the Executive Director will forward the application and any requests for reconsideration or for a contested case hearing to the TCEQ Commissioners for their consideration at a scheduled Commission meeting.

The Commission will only grant a contested case hearing on disputed issues of fact that are relevant and material to the Commission's decision on the application. Further, the Commission will only grant a hearing on issues that were raised in timely filed comments that were not subsequently withdrawn.

MAILING LIST. If you submit public comments, a request for a contested case hearing or a reconsideration of the Executive Director's decision, you will be added to the mailing list for this specific application to receive future public notices mailed by the Office of the Chief Clerk. In addition, you may request to be placed on: (1) the permanent mailing list for a specific applicant name and permit number; and/or (2) the mailing list for a specific county. If you wish to be placed on the permanent and/or the county mailing list, clearly specify which list(s) and send your request to TCEQ Office of the Chief Clerk at the address below.

AGENCY CONTACTS AND INFORMATION. All written public comments and requests must be submitted to the Office of the Chief Clerk, MC 105, TCEQ, P.O. Box 13087, Austin, TX 78711-3087 or electronically at www.tceq.state.tx.us/about/comments.html. If you need more information about this permit application or the permitting process, please call TCEQ Office of Public Assistance, Toll Free, at 1-800-687-4040. Si desea información en Español, puede llamar al 1-800-687-4040. General information about TCEQ can be found at our web site at www.tceq.state.tx.us. Further information may also be obtained from Abilene Environmental Landfill Inc. at the address stated above or by calling Mr. James Lawrence, P.G., SCS Engineers at (817) 571-2288.

TRD-200900433

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2009

Notice of Water Quality Applications

The following notices were issued during the period of December 18, 2008 through January 29, 2009.

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

THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY (TCEQ) has initiated a minor modification of the Texas Pollutant Discharge Elimination System (TPDES) permit WQ0010397005 issued to the Brownsville Public Utility Board, to incorporate a substantial modification to the approved pretreatment program. The Applicant has applied to the TCEQ for approval of a substantial modification to its approved pretreatment program under the TPDES program. The existing permit authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 10,000,000 gallons per day. The facility is located adjacent to and east of Robindale Road approximately half mile north of the intersection of Robindale Road and Farm-to-Market Road 802 in Cameron County, Texas.

ACTION MUNICIPAL UTILITY DISTRICT has applied for a renewal of TPDES Permit No. WQ0014211001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 600,000 gallons per day. The facility is located on the west bank of McCarty Branch, approximately 2.6 miles south of the intersection of U.S. Highway 377 and Farm-to-Market Road 167 in Hood County, Texas.

STAFFORD MOBILE HOME PARK INC. has applied for a renewal of TPDES Permit No. WQ0014064001, 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 Stafford Run Creek, approximately 3800 feet northeast of the intersection of Farm-to-Market Road 1092 and 5th Street in Fort Bend County, Texas.

NEAL AND FM548-1076 (Mann 1100) LLLP has applied to the Texas Commission on Environmental Quality (TCEQ) for a new permit proposed TPDES Permit No. WQ0014858001, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 1,120,000 gallons per day. The applicant first applied for a discharge of 1,280,000 gallons per day but subsequently requested 1,120,000 gallons per day. The facility will be located 2400 feet southwest of the intersection of County Road 233 and Farm-to-Market Road 548 in Kaufman County, Texas.

BLACKSHER DEVELOPMENT CORPORATION has applied for a renewal of TPDES Permit No. WQ0013691001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 20,000 gallons per day. The facility is located approximately 3,900 feet northwest of the intersection of State Highway 87 with State Highway 62 and approximately 260 feet west of State Highway 62 in Orange County, Texas.

AQUA DEVELOPMENT INC. has applied for a renewal of TPDES Permit No. WQ0014219001, which authorizes the discharge of treated domestic wastewater at a daily average flow not to exceed 300,000 gallons per day. The facility will be located approximately 3,250 feet northwest of the intersection of Old Needville-Fairchilds Road and Jeske Road in Fort Bend County, Texas.

BELL COUNTY WATER CONTROL AND IMPROVEMENT DISTRICT NO 1 has applied for a renewal of TPDES Permit No. WQ0010351003, which authorizes the discharge of treated domestic wastewater at an annual average flow not to exceed 6,000,000 gallons per day. The facility is located on the west side of Farm-to-Market Road 2410 (a.k.a. 38th Street) and approximately 0.2 mile north of the intersection of U.S. Highway 190 (Business) and Farm-to-Market Road 2410 in the City of Killeen in Bell County, Texas.

SYNAGRO OF TEXAS CDR INC. has applied for a renewal of Permit No. WQ0004507000, which authorizes the land application of sewage sludge for beneficial use. The current permit authorizes land application of sewage sludge for beneficial use on 171.5 acres. The land application site is located approximately 3/4 mile west of the intersection of County Road 2171 and County Road 2172, south of the City of Whitehouse in Smith County, Texas.

CITY OF KERMIT has applied to the TCEQ for a new permit, Proposed Permit No. WQ0010200002, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 850,000 gallons per day via surface irrigation of 225 acres of non-public access pastureland. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site are located approximately 1.5 miles southeast of the intersection of State Highway 115 and State Highway 302 in Winkler County, Texas.

LA JOYA INDEPENDENT SCHOOL DISTRICT has applied to the TCEQ for a new permit, Proposed Permit No. WQ0013523012, to authorize the disposal of treated domestic wastewater at a daily average flow not to exceed 9,000 gallons per day via non-public access subsurface low pressure dosing drainfields on a 4.3-acre site. This permit will not authorize a discharge of pollutants into waters in the State. The wastewater treatment facility and disposal site will be located on the west side of North Doffing Road (Farm-to-Market Road 492), approximately 3,500 feet north of the intersection of Farm-to-Market Road 492 and Farm-to-Market Road 2221, northeast of Citrus City, Texas in Hidalgo 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-200900431

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2009

Notice of Water Rights Applications

Notice issued January 27, 2009

APPLICATION NO. 06-4411G; The City of Lufkin, Applicant, P.O. Drawer 190, 300 E. Shepherd, Lufkin, TX 75902, has applied to amend their portion of Certificate of Adjudication No. 06-4411 to authorize the diversion of water from any point on the perimeter of Lake Sam Rayburn and to add Angelina County as a place of use. More information on the application and how to participate in the permitting process is given below. The application and a portion of the required fees were received on July 1, 2008. Additional information and fees were received on October 30, 2008. The application was declared administratively complete and accepted for filing with the Office of the Chief Clerk on December 3, 2008. Written public comments and requests for a public meeting should be submitted to the Office of Chief Clerk, at the address provided in the information section below, within 30 days of the date of newspaper publication of the notice.

INFORMATION SECTION

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-200900434

LaDonna Castañuela

Chief Clerk

Texas Commission on Environmental Quality

Filed: February 4, 2009

Texas Ethics Commission

List of Late Filers

Listed below are the names of filers from the Texas Ethics Commission who did not file reports, or failed to pay penalty fines for late reports in reference to the listed filing deadline. If you have any questions, you may contact Robbie Douglas at (512) 463-5800 or (800) 325-8506.

Deadline: 30-Day Pre-election Report due October 6, 2008

Brent Sheets, Career Colleges & Schools of Texas, P.O. Box 11539, Austin, Texas 78711-1539

Deadline: 8-Day Pre-election Report due October 27, 2008

Christopher G. Lane, 8025 Ohio Dr., Apt. 14101, Plano, Texas 75024

Todd A. Litteken, 1036 Bannack Dr., Arlington, Texas 76001

Michael Shultz, Consolidated Communications PAC, Inc. - Texas, 350 S. Loop 336 West, Conroe, Texas 77304-3308

Deadline: Monthly Report due December 5, 2008

James O. Marston, Texas League of Conservation Voters Political Committee, 44 E. Ave., Ste. 202, Austin, Texas 78701

TRD-200900420

David Reisman

Executive Director

Texas Ethics Commission

Filed: February 3, 2009

Department of State Health Services

Correction of Error

The Department of State Health Services adopted new 25 TAC §289.256, concerning medical and veterinary use of radioactive material, in the January 9, 2009, issue of the Texas Register (34 TexReg 206). The new rule replaced old §289.256, which was repealed in the same issue. The new rule took effect January 18, 2009.

Two rule references to "(jj)(3)(B)(vii)" on page 219 are incorrect. The correct reference is "(jj)(1)(C)(ii)(VII)".

Concerning new §289.256(ff)(2)(B), page 219, column 1, the first part of subparagraph (B) should read "a physician who is an authorized user and who meets the requirements specified in subsections (jj) or (nn) and (jj)(1)(C)(ii)(VII) of this section,..."

Concerning new §289.256(hh)(2)(B), page 219, column 2, the first part of subparagraph (B) should read "a physician who is an authorized user and who meets the requirements specified in subsections (jj) or (nn) and (jj)(1)(C)(ii)(VII) of this section,..."

TRD-200900402

Licensing Actions for Radioactive Materials

TRD-200900411

Lisa Hernandez

General Counsel

Department of State Health Services

Filed: February 3, 2009

Texas Department of Insurance

Company Licensing

Application for admission to the State of Texas by FIRST NONPROFIT INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Chicago, IL.

Application to change the name of INTERSTATE INDEMNITY COMPANY to AGCS MARINE INSURANCE COMPANY, a foreign fire and casualty company. The home office is in Chicago, IL.

Application to change the name of MID-CONTINENT INSURANCE COMPANY to MID-CONTINENT ASSURANCE COMPANY, a foreign fire and casualty company. The home office is in Tulsa, OK.

Application for admission to the State of Texas by MIDWEST BUILDERS' CASUALTY MUTUAL COMPANY, a foreign fire and casualty company. The home office is in Lenexa, KS.

Application for admission to the State of Texas by SUNSHINE STATE INSURANCE COMPANY, a foreign fire and casualty company. The home office is in St. Augustine, FL.

Application to change the name of PRESIDENTIAL LIFE INSURANCE COMPANY to GREAT SOUTHWEST LIFE INSURANCE COMPANY, a domestic life company. The home office is in Dallas, TX.

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

TRD-200900429

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 4, 2009

Notice of Public Hearing

The Commissioner of Insurance will hold a public hearing under Docket No. 2704 to consider proposed new and amended rules, forms, rates, and endorsements, and other matters related to mineral coverage as addressed in the Department's proposal to amend SUBCHAPTER A Basic Manual of Rules, Rates and Forms for the Writing of Title Insurance in the State of Texas, by adding 28 TAC §9.40 that has been submitted to the Texas Register for publication on February 13, 2009. The hearing will begin at 9:30 a.m., in Room 100 of the William P. Hobby, Jr. State Office Building, 333 Guadalupe Street in Austin, Texas, on April 23, 2009, and continue thereafter at dates, times, and places designated by the Commissioner until conclusion.

This notice is made pursuant to the Texas Insurance Code §2703.207. For additional information interested parties may contact Robert Carter, Deputy Commissioner for Title Insurance, Texas Department of Insurance, Mail Code 106-2T, P.O. Box 149104, Austin, Texas 78714-9104 or call at (512) 322-3482.

Copies of all matters to be considered for adoption may be obtained from the Department's website or on request from the Office of the Chief Clerk. Please submit your request to:

Office of the Chief Clerk

Texas Department of Insurance (Mail Code 113-2A)

P.O. Box 149104

Austin, Texas 78714-9104

TRD-200900430

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 4, 2009

Third Party Administrator Applications

The following third party administrator (TPA) applications have been filed with the Texas Department of Insurance and are under consideration.

Application of AMERICAN INSURANCE ADMINISTRATORS, LLC (using the assumed name of INSURANCE ADMINISTRATIVE SERVICES, LLC), a foreign third party administrator. The home office is DOVER, DELAWARE.

Application of PROFESSIONAL BROKERAGE CONSULTANTS, INC., (using the assumed names of AMERICAN ADMINISTRATORS and SELECT BENEFIT ADMINISTRATORS), a foreign third party administrator. The home office is KIRON, IOWA.

Application of ENVISION PHARMACEUTICAL SERVICES, INC., a foreign third party administrator. The home office is AURORA, OHIO.

Application of PROVIDENCE WASHINGTON INSURANCE SOLUTIONS, LLC., a foreign third party administrator. The home office is PROVIDENCE, RHODE ISLAND.

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

TRD-200900440

Gene C. Jarmon

General Counsel and Chief Clerk

Texas Department of Insurance

Filed: February 4, 2009

Public Utility Commission of Texas

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

The Public Utility Commission of Texas received an application on January 22, 2009, amended by a filing on January 27, 2009, 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 Windjammer Communications, LLC for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36629 before the Public Utility Commission of Texas.

The requested amended CFA service area excludes the service area of Clay County.

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 36629.

TRD-200900373

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2009

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

The Public Utility Commission of Texas received an application on January 28, 2009, 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 Southwestern Bell Telephone Company d/b/a AT&T Texas for an Amendment to its State-Issued Certificate of Franchise Authority, Project Number 36648 before the Public Utility Commission of Texas.

The requested amended CFA service area includes municipalities and/or unincorporated areas in and around Midland/Odessa, Texas.

TRD-200900414

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2009

Notice of Application for Designation as an Eligible Telecommunications Carrier

Notice is given to the public of a petition filed with the Public Utility Commission of Texas on January 28, 2009, for designation as an eligible telecommunications carrier in the state of Texas for the limited purpose of offering Lifeline and Link Up Service to qualified households, pursuant to Substantive Rule §26.418.

Docket Title and Number: Petition of TracFone Wireless, Inc. for Designation as an Eligible Telecommunications Carrier in the state of Texas for the Limited Purpose of Offering Lifeline and Link Up Service to Qualified Households. Docket Number 36646.

The Application: TracFone Wireless, Inc. seeks ETC designation solely to provide Lifeline and Link Up service to qualifying Texas consumers. TracFone Wireless, Inc. has provided commercial mobile radio service throughout the state of Texas for the past 10 years. TracFone Wireless, Inc. seeks ETC designation in the entire state of Texas.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by March 5, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36646.

TRD-200900375

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2009

Notice of Application for Retail Electric Provider (REP) Certification

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on January 27, 2009, for retail electric provider (REP) certification, pursuant to §§39.101 - 39.109 of the Public Utility Regulatory Act (PURA).

Docket Title and Number: Application of Hudson Energy JV, LLC for Retail Electric Provider (REP) Certification, Docket Number 36644 before the Public Utility Commission of Texas.

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

Persons wishing to comment upon the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 20, 2009. 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 36644.

TRD-200900374

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 30, 2009

Notice of Application for Service Area Exception within Blanco County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas of an application on February 2, 2009, for an amendment to certificated service area for a service area exception within Blanco County, Texas.

Docket Style and Number: Application of Central Texas Electric Cooperative, Inc. to Amend a Certificate of Convenience and Necessity for Electric Service Area Exception within Blanco County. Docket Number 36660.

The Application: Central Texas Electric Cooperative, Inc. (CTEC) filed an application for a service area boundary exception to allow CTEC to provide service to a specific customer located within the certificated service area of Pedernales Electric Cooperative, Inc. (PEC). PEC has provided a letter of concurrence for the proposed change.

Persons wishing to comment on the action sought or intervene should contact the Public Utility Commission of Texas no later than February 20, 2009 by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936- 7136 or use Relay Texas (toll-free) 1-800-735-2989. All comments should reference Docket Number 36660.

TRD-200900419

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2009

Notice of Application to Amend a Certificate of Convenience and Necessity for a Proposed Transmission Line in Childress County, Texas

Notice is given to the public of the filing with the Public Utility Commission of Texas (commission) an application on January 28, 2009, to amend a certificate of convenience and necessity for a proposed transmission line in Childress County, Texas.

Docket Style and Number: Application of AEP Texas North Company to amend a Certificate of Convenience and Necessity (CCN) for a 69/138-kV Transmission Line in Childress County, Texas. Docket Number 36463.

The Application: The application of AEP Texas North Company (TNC) for a proposed 69/138-kV transmission line is designated as the Brazos Electric Cooperative, Inc. Henry Substation to AEP TNC West Childress Substation Transmission Line Project. This application is the first of two transmission line segments in a project developed to serve a new Brazos Electric requested transmission point of delivery (POD) for service to its new Henry Substation that provides distribution service to South Plains Electric Cooperative. The miles of right-of-way for this project will be approximately 0.81 miles to 1.7 miles depending on route approved. The estimated date to energize facilities is December 31, 2009.

Persons wishing to intervene or comment on the action sought should contact the Public Utility Commission of Texas by mail at P. O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll-free at 1-888-782-8477. The deadline for intervention in this proceeding is March 16, 2009. Hearing and speech-impaired individuals with text telephone (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735- 2989. All comments should reference Docket Number 36463.

TRD-200900415

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2009

Notice of Application to Amend Designation as an Eligible Telecommunications Carrier

Notice is given to the public of an application filed with the Public Utility Commission of Texas on January 26, 2009, for an amendment to its designation as an eligible telecommunications carrier (ETC) pursuant to P.U.C. Substantive Rule §26.418.

Docket Title and Number: Application of CT Cube, L.P. d/b/a West Central Wireless and d/b/a Right Wireless to Amend its Designation as an Eligible Telecommunications Carrier. Docket Number 36641.

The Application: The company is requesting to amend its ETC designation to include certain wire centers within the non-rural telephone company service area of Verizon Southwest.

Persons who wish to comment upon the action sought should contact the Public Utility Commission of Texas by February 18, 2009. Requests for further information should be mailed to the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or you may call the Public Utility Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (800) 735-2989 to reach the commission's toll free number (888) 782-8477. All comments should reference Docket Number 36641.

TRD-200900358

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2009

Notice of Application to Amend Designation as an Eligible Telecommunications Carrier

Docket Title and Number: Application of CGKC&H #2 Rural Limited Partnership d/b/a West Central Wireless and d/b/a Right Wireless to Amend its Designation as an Eligible Telecommunications Carrier. Docket Number 36642.

The Application: The company is requesting to amend its ETC designation to include certain wire centers within the non-rural telephone company service area of Verizon Southwest.

TRD-200900359

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: January 29, 2009

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

On January 28, 2009, Looking Glass Networks, 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 60372 in favor of a merger with its parent company, Level 3 Communications, Inc., holding SPCOA Certificate Number 60232.

The Application: Application of Looking Glass Networks, Inc. to Relinquish its Service Provider Certificate of Operating Authority, Docket Number 36647.

Persons wishing to comment on the action sought should contact the Public Utility Commission of Texas by mail at P.O. Box 13326, Austin, Texas 78711-3326, or by phone at (512) 936-7120 or toll free at 1-888-782-8477 no later than February 19, 2009. 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 36647.

TRD-200900417

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2009

Notice of Joint Petition for Declaratory Order

Notice is given to the public of a petition for declaratory order with the Public Utility Commission of Texas on January 29, 2009.

Docket Style and Number: Joint Petition for Declaratory Order of Oncor Electric Delivery Company LLC and United Electric Cooperative Services Regarding Service to Burleson Independent School District High School Number 2, Docket Number 36649.

The Application: Oncor Electric Delivery Company LLC (Oncor) and United Electric Cooperative Services (United) filed with the Public Utility Commission of Texas (commission) a joint petition for declaratory order concerning the provision of retail electric delivery service to Burleson Independent School District (Burleson ISD) at the Main Building of its High School Number 2.

The issue presented for the commission is whether United is authorized to provide retail electric delivery service to the Main Building, which will straddle a certification boundary line. Burleson ISD requested United to provide retail electric service to the Main Building. Oncor's position it that United may not lawfully provide retail electric delivery service to the entirety of the Main Building because only a portion of the Main Building will be within United's dual certificated service area while the majority of the building is within Oncor's single certificated area.

Persons who wish to intervene in the proceeding or comment upon the action sought should contact the Public Utility Commission of Texas, P.O. Box 13326, Austin, Texas 78711-3326, or call the Commission's Customer Protection Division at (512) 936-7120 or (888) 782-8477. Hearing-and speech-impaired individuals with text telephones (TTY) may contact the commission at (512) 936-7136 or use Relay Texas (toll-free) 1-800-735-2989. All correspondence should refer to Docket Number 36649.

TRD-200900418

Adriana A. Gonzales

Rules Coordinator

Public Utility Commission of Texas

Filed: February 3, 2009

Texas Residential Construction Commission

Notice of Applications for Designation as a "Texas Star Builder"

The commission adopted rules regarding the procedures for designation as a "Texas Star Builder" at 10 TAC §303.300. The rules were adopted pursuant to §416.011, Property Code (Act effective September 1, 2003), which provides that the commission shall establish rules and procedures through which a builder can be designated as a "Texas Star Builder." The commission rules for application for designation can be found on the commission's website at www.trcc.state.tx.us.

10 TAC §303.300(i)(2) requires the commission to publish in the Texas Register notice of the application of each person seeking to become designated as a "Texas Star Builder" registered under this subchapter. The commission will accept public comment on each application for twenty-one (21) days after the date of publication of the notice. Information provided in response to this notice will be utilized in evaluating the applicants for approval. The Texas Star Builder designation requires that a builder or remodeler demonstrate that its education, experience and commitment to professionalism sets the builder or remodeler apart from its peers and offers some assurance to its customers that its quality of service and construction will be above average.

Pursuant to 10 TAC §303.300(i)(2) the commission hereby notices the application(s) for designation as a "Texas Star Builder" of:

Dallas Reconstruction LLC, 3432 Winged Foot CT, Dallas, TX 75229. Dallas Reconstruction LLC hold TRCC builder registration #1578518707. The applicant's registered agent is James Hill.

Casa Sereno Homes LLC, 13276 Research Blvd, #203, Austin, TX 78750. Casa Sereno Homes LLC holds TRCC builder registration #27156. The applicant's registered agent is John Chatham.

Interested persons may send written comments regarding this application to Susan K. Durso, General Counsel, The Texas Residential Construction Commission, P.O. Box 13509, Austin, TX 78711-3144. Comments regarding this application will be accepted for twenty-one days following the date of publication of this notice in the Texas Register . Thereafter, the comments will not be considered as timely filed.

TRD-200900422

Susan K. Durso

General Counsel

Texas Residential Construction Commission

Filed: February 4, 2009

Texas Department of Transportation

Public Hearing Notice - Statewide Transportation Improvement Program

The Texas Department of Transportation (department) will hold a public hearing on Tuesday, February 24, 2009, at 10:00 a.m. at the Texas Department of Transportation, 200 East Riverside Drive, Room 1A-2, Austin, Texas to receive public comments on the February 2009 Revisions to the Statewide Transportation Improvement Program (STIP) for FY 2008-2011. The STIP reflects the federally funded transportation projects in the FY 2008-2011 Transportation Improvement Programs (TIPs) for each Metropolitan Planning Organization (MPO) in the state. The STIP includes both state and federally funded projects for the nonattainment areas of Beaumont, Dallas-Fort Worth, El Paso, and Houston. The STIP also contains information on federally funded projects in rural areas that are not included in any MPO area, and other statewide programs as listed.

Title 23, United States Code, §134 and §135 require each designated MPO and the state, respectively, to develop a TIP as a condition to securing federal funds for transportation projects under Title 23 or the Federal Transit Act (49 USC §5301, et seq.).

Section 134(j) requires an MPO to develop its TIP in cooperation with the state and affected transportation operators, to provide an opportunity for interested parties to participate in the development of the program, and further requires the TIP to be updated at least once every four years and approved by the MPO and the Governor or Governor's designee. Section 135(g) requires the state to develop a STIP for all areas of the state in cooperation with the designated MPOs and, with respect to non-metropolitan areas, in consultation with affected local officials, and further requires an opportunity for participation by interested parties as well as approval by the Governor or the Governor's designee.

In accordance with 43 TAC §15.8(d), a copy of the proposed February 2009 Revisions to the FY 2008-2011 STIP will be available for review, at the time the notice of hearing is published, at each of the department's district offices, at the department's Transportation Planning and Programming Division offices located in Building 118, Second Floor, 118 East Riverside Drive, Austin, Texas, and on the department's website at:

www.txdot.gov

Persons wishing to review the February 2009 Revisions to the FY 2008-2011 STIP may do so online or contact the Transportation Planning and Programming Division at (512) 486-5033.

Persons wishing to speak at the hearing may register in advance by notifying Lori Morel, Transportation Planning and Programming Division, at (512) 486-5033 not later than Monday, February 23, 2009, or they may register at the hearing location beginning at 9:00 a.m. on the day of the hearing. Speakers will be taken in the order registered. Any interested person may appear and offer comments or testimony, either orally or in writing; however, questioning of witnesses will be reserved exclusively to the presiding authority as may be necessary to ensure a complete record. While any persons with pertinent comments or testimony will be granted an opportunity to present them during the course of the hearing, the presiding authority reserves the right to restrict testimony in terms of time or repetitive content. Groups, organizations, or associations should be represented by only one speaker. Speakers are requested to refrain from repeating previously presented testimony. Persons with disabilities who have special communication or accommodation needs or who plan to attend the hearing may contact the Government and Public Affairs Division, at 125 East 11th Street, Austin, Texas 78701-2483, (512) 463-9957. Requests should be made no later than three days prior to the hearing. Every reasonable effort will be made to accommodate the needs.

Further information on the FY 2008-2011 STIP may be obtained from Lori Morel, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas, 78704, (512) 486-5033. Interested parties who are unable to attend the hearing may submit comments to James L. Randall, P.E., Director, Transportation Planning and Programming Division, 118 East Riverside Drive, Austin, Texas, 78704. In order to be considered, all written comments must be received at the Transportation Planning and Programming office by Monday, March 30, 2009 at 4:00 p.m.

TRD-200900439

Leonard Reese

Associate General Counsel

Texas Department of Transportation

Filed: February 4, 2009